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I <br />, Total Costs shall include: costs for preparation of alignments <br />studies, any environmental documentation which may be necessary in addition to <br />the FEIS'FEIR, the actual costs of land acquisition, property appraisal, relocation, <br />lost goodwill including any costs incurred in any eminent domain action), costs <br />for design and construction, and administrative costs. Administrative costs shall <br />incorporate a twenty (20 %)) cost to cover the construction management <br />administration for each Improvement to be constructed pursuant to paragraph 2 of <br />Section B of this Amendment and the overall administration and management of <br />the Improvement program. <br />b. Estimated construction costs identified in Exhibit A as referenced <br />above shall be adjusted to reflect the costs of any alignment studies needed, <br />environmental documentation and land acquisition (including property appraisal, , <br />relocation, and lost goodwill) and to reflect additional administrative costs beyond <br />those identified in the "Construction Cost Estimates." Construction cost <br />components that remain shall be adjusted to reflect any increase or decrease in <br />the cost of construction. The adjustment, if any, shall be made using the <br />.Engineering News Retort! "Cost of Construction Index" (Base 1913 = 100) (the <br />"Index "). The Index published for the quarter within which this Amendment is <br />executed shall be considered the "base." Each remaining construction cost shall <br />be adjusted by the percentage increase or decrease, if any, in the Index published <br />for the quarter within which the date for first payment over the "base." If at the <br />time of adjustment, the Index shall not exist in the same format as recited in this <br />paragraph, the parties hereto shall mutually agree on any similar construction <br />index, or successor or similar publication or construction industry group, as may <br />then be in existence and shall be most nearly equivalent thereto. <br />2. "Lead Agency" Defined. As used herein, the tenn "Lead Agency" <br />meatus the city (Tustin or Santa Ana) which is responsible for undertaking the work <br />necessary to complete the Improvements, including, but not limited to preparation of <br />alignment studies and any environmental documentation which may be necessary in <br />addition to the FEIS /FEIR, land acquisition, property appraisal, relocation, lost goodwill, <br />and design and construction, either through its own employees or through independent <br />contractors, except as otherwise provided in this Amendment. <br />3. Funding Responsibi H tics. Tustin shall be responsible for its defined <br />fair share of Total Costs of the Improvements as identified in paragraph 2 of Section B of <br />this Amendment, exclusive of any portion thereof as to which any governmental entity <br />other than Santa Ana may assume responsibility. Nothing herein shall be construed to <br />restrict the ability of Tustin to meet its funding responsibilities hereunder through the <br />imposition of development fees, other than TSIA fees, or such other revenue measures as <br />may be deemed appropriate by Tustin. <br />4. Lead Agency Responsibilities. Except as otherwise provided in <br />paragraph 4 of Section B of this Amendment, Santa Ana shall be the Lead Agency for the <br />5 <br />