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TUSTIN, CITY OF (TSIA - COMPLETE COPY-2012
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TUSTIN, CITY OF (TSIA - COMPLETE COPY-2012
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Impro_ements.bv Location Prooiect Percentage <br />Grand and Edinger (for both Short Range and 100% <br />Long Range Improvements ) <br />Grand &; Dyer 29% <br />3. Timing of Payment. The Improvements designated in Section <br />B.2., above, shall be constructed as "Short Range" Improvements, as that term is utilized <br />in the FEiS /FEIR. Based on the FEIS/FEIR Trip Budget, Tustin shall inform Santa Ana <br />when it anticipates that a Short Range Improvement identified in paragraph 2 of this <br />Section will require mitigation and reach its Average Daily Trip (ADT) threshold <br />identified in the FEIS /FEIR requiring the Short Ranute Improvement; provided, however, <br />that notwithstanding the foregoing Tustin shall conclusively be deemed to have informed <br />Santa Ana under the provisions of this paragraph as of July 1, 2005. Tustin shall begin <br />payment of its fair share obligation of the Total Costs for each Improvement no later <br />than thirty (30) days after the date Santa Ana invoices Tustin for compensable costs <br />incurred for such Improvement and in accordance with paragraph 5 of Section C or <br />paragraph G of Section C. <br />4. Construction bv'fustin Of Other Long Ranee Impmvetents in Lieu of <br />Pent. Tustin shall assume the "Lead Agency" role (as that term is defined in CEQA) <br />and shall construct or cause to be constructed the Long Range Improvement to Redhill <br />Avenue and Warner as identified in the FEIS!FEIR. The parties shall cooperate at with <br />one another in the conceptual design, final design, bid preparation, award of bid, property <br />appraisal, property acquisition (if any), relocation, lost goodwill, construction and <br />acceptance of such Improvement, and give Santa Ana written notice prior to the date that <br />Tustin awards any design contract for such Improvement. Tustin's construction and the <br />final acceptance of this Improvement shall relieve Tustin and development projects at <br />MCAS Tustin of any obligation to pay Santa Ana fair share costs or any contribution of <br />finds whatsoever for such Improvement. All alignment and design plans and <br />environmental documentation prepared by or on behalf of Tustin as Lead Agency for <br />Redhill and Warner Improvements pursuant to this Amendment shall be subject to l <br />approval by Santa Ana, which approval shall not be unreasonably withheld or delayed; <br />provided, however, that at a minimum Tustin and Santa Ana shall ensure that all design <br />plans for Improvements located within the jurisdictional boundaries of Santa Ana to <br />conform to Santa Ana design standards in effect at the time such plans are submitted. <br />C. Responsibility of Parties for Short and Long Range Improvements <br />1. Total Costs" Defined. As used with reference to Improvements identified <br />in paragraph 2 of Section B of this Amendment, the term "Total Costs" means the costs <br />to be incurred in completion of those Improvements as originally identified in the <br />memorandum report " Cost Estimates for Grand /Dyer and Grand /Edinger" <br />( "Construction Cost Estimates ") prepared by the City of Santa Ana attached as Exhibit A <br />and incorporated herein by this reference: <br />0 <br />
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