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Improvement shall no longer be condition precedent to the approval by Tustin of <br />development permits for the Project. The amount of payment due to Santa Ana from <br />Tustin pursuant to this Section shall be the Tustin's obligation of the Total Cost of the <br />Improvement at the time payment is made consistent with Sections B Section C of this <br />Amendment. <br />7. Use of Funds by Santa Ana. Any and all funds received by Santa Ana <br />from Tustin for Improvements pursuant to this Amendment shall be used exclusively for <br />the improvements. Santa Arta shall constrict or caused to be constructed all of the <br />Improvements for which funding is provided pursuant to this Amendment and cause a <br />notice of completion to be filed for each Improvement so constructed within a reasonable <br />period of time, which in no event shall be longer than the period for construction set forth <br />in the construction contract. <br />D. Alternative Improvements <br />Santa Ana, in cooperation with Tustin and affected jurisdictions, shall be entitled to <br />propose, select and implement alternative Improvements to those improvements <br />identified in the FEiS ,'FEIR and requiring funding by Tustin as described in Section B of <br />this Amendment; provided, however, that in no case shall Tustin's share of the costs of <br />an alternative Improvement exceed Tustin's fair share funding obligation for the original <br />Improvement as set forth in the FEIS`FEIR and in this Amendment. Any such <br />alternative shall be memorialized by a written amendment to this Amendment, as <br />provided in paragraph 1 of Section 1-I of this Amendment. <br />E. Other Supplemental Improvements <br />Santa Ana and Tustin have created the Tustin -Santa Ana Transportation System <br />Improvement Authority ( "TSIA ") and designated Transportation System Improvement <br />Program ( "TSIP ") areas. The Project is partially located within the current TSIP Benefit <br />Area B for which development fees will be calculated by Tustin and Santa Ana for area - <br />wide transportation system improvements. <br />The parties agree that the certain Supplemental Improvements are Improvements that will <br />benefit both parties and that there is a desire to prioritize any receipt of future TSIA fees <br />from the Project which could be used for these Supplemental improvements and to <br />cooperate in the implementation of these Supplemental Improvements as follows: <br />1. Effective immediately, TSiP Area B is and shall be amended, as shown in <br />greater detail in Exhibit C hereto and incorporated herein by this reference, to incorporate <br />the entirety of MCAS Tustin located within the corporate boundaries of the City of Tustin <br />(approximately 1507 acres). Commencing January 1, 2010, TSIP Area B shall be further <br />amended, as shown in greater detail in Exhibit D hereto and incorporated herein by this <br />7 <br />