TUSTIN, CITY OF (TSIA - COMPLETE COPY-2012

Home Browse Search

Governing Board to obtain present value of the funds specified in paragraph 2 of this Section E utilitizing TSIA Area B fees from the MCAS Tustin project as debt service payments. 6. During the term of the JPA Agreement and this Amendment, Tustin shall not fail to collect TSIA fees from any non - residential development within TSIA Area B as "development" is defined in the JPA Agreement. F. Satisfaction of Mitigation Measure Santa Ana agrees that by executing, delivering and fully complying with the terms and provisions of this Amendment, Tustin has satisfied Mitigation Measure T /C -9 in the FE1S /FEIR. G. Covenant Not To Sue Based on this Amendment, Santa Ana hereby agree and covenants that this Amendment forever satisfies any past, present or future claims which Santa Ana had, has or may have against Tustin or its agents, officers, representatives, and assigns arising out of the approval of the MCAS Tustin Project and the preparation and certification of the FEISiFEIR. As a result, Santa Ana hereby covenants not to file a claim or lawsuit against Tustin, the City of Irvine, or the united States of America regarding the disposal of property or reuse at MCAS Tustin or the FEIS /FEIR for the Reuse and Disposal of MCAS Tustin or the approval of any and all future discretionary implementation actions needed for the WAS Tustin Project including construction contracts, development applications, development project approvals or permits (including any necessary subsequent environmental documentation for any and all implementation actions and/or creation of a Redevelopment Project) related to WAS Tustin, so long as the disposal of property and reuse of MCAS Tustin is consistent with "Alternative I" as set forth in the FEIS /FEIR. As used in this Amendment "file a claim" includes filing a claim under the State Tort Claims. Santa Ana also agrees and covenants to not fund, in whole or in part, any claims or lawsuits against the parties identified in this Section by any other individual or entity. Tustin also hereto covenants not to file any future legal actions of whatever kind or nature against Santa Ana regarding the "MacArthur Place Program Environmental Impact Report, E IR No. 87 -1," certifier( by the Santa Ana City Council on December 7, 1987 and approval of subsequent projects at MacArthur Place consistent with entitlement levels previously authorized by EfR 87 -1.