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used solely to fund mitigation measures which have been <br />identified in any traffic study pursuant to this <br />subsection and which have been approved and agreed to in <br />accordance with paragraph (a) hereof. <br />(e) To the extent the City of Santa Ana has not agreed on how <br />to allocate or implement the traffic mitigation measures <br />identified in any study done pursuant to this subsection <br />and approved such mitigation measures in accordance with <br />paragraph (a) hereinabove within the time period <br />specified in paragraph (b) hereinabove, the City shall <br />promptly refund any of the deposit made by developer <br />pursuant to paragraph (d) in excess of amounts which have <br />been allocated and.approved. <br />(f) The use of the Developer's deposit to fund mitigation <br />measures. in the City of Orange shall be by agreement <br />between the cities of -Santa Ana and Orange, using funds <br />deposited with the City of Santa Ana by the Developer <br />pursuant to this subsection. The City of Santa Ana shall <br />be responsible for assuring that, use of such funds in the <br />City of Orange is subject to paragraph (e) hereinabove <br />and shall be liable to Developer for the refund due <br />Developer under that paragraph regardless of any transfer <br />of any portion of such funds from the City of Santa Ana <br />to the City of Orange. It is understood and agreed that <br />$250,000 of the deposit made by Developer pursuant to <br />paragraph (d) may be used for traffic mitigation measures <br />located in either the City of Santa Ana or the City.of <br />Orange, and that the balance of the deposit made pursuant <br />to paragraph (d) shall be used solely for mitigation <br />measures located in,the City of Santa Ana. <br />The City shall immediately upon receipt of any payment from <br />Developer pursuant to this section, place the funds paid in a trust <br />fund account established for the purpose for which the payment was <br />made. The City shall invest such funds in such investments as it <br />shall, in its sole discretion, determine. All investment earnings <br />on funds in the trust fund account shall accrue to that account and <br />be subject to the same limitations as the principal amount of the <br />desposit. City agrees to maintain separate accounting records for <br />the use of the monies paid to it hereunder. <br />11. EIR Mitigation Measures. <br />(a) Developer's obligations. <br />(1). Owens Drive Improvements and Sewer Obligations. <br />The Developer's obligations with respect to the widening <br />of Owens Drive and with respect to the installation of new sewer <br />lines serving the Development shall be as set forth in that certain <br />15 <br />