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C. Fee R, emendations <br />Based upon its programs for areawide transportation system <br />improvements for each of the TSIP Areas and upon anticipated <br />future development within each of the TSIP Areas, the Authority <br />shall make recommendations for appropriate development fee levels <br />for each of the TSIP Areas to the Santa Ana and Tustin city <br />councils, which each agrees to adopt. The development fee <br />program adopted by each party shall include provisions <br />recommended by the Authority to ensure automatic adjustments <br />upward in the fee schedule to reflect the California Construction <br />Price Index. All fees shall be paid prior to or at the time of <br />issuance of a building permit for a project. <br />D. If either party determines that the construction of <br />certain areawide traffic improvement projects is necessary or <br />desirable as a prerequisite for a development within its <br />Jurisdiction, it may require the construction, or payment to that <br />City for the construction, of said improvements. The <br />determination as to whether said traffic improvement projects <br />will be eligible for reimbursement shall be determined by the <br />Authority pursuant to the Transportation System Improvement <br />Program and recommended initial fee program. <br />E. Upon its determination that immediate construction of a <br />certain traffic improvement is necessary or desirable, either <br />party may cause the traffic improvement project to be constructed <br />by the party or by a developer and if and at such time such <br />traffic improvement project qualifies as an eligible project <br />under the Transportation System Improvement Program the party or <br />15 <br />