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AMENDMENT No. a <br />AOREEMSNT 8OR FONDINO IMPROVENENTB 8OR <br />NORTS PLEABANTON IMPROVEMENT DISTRICT <br />THIS SECOND AMENDMENT to the Agreement for Funding Improvements for <br />North Pleasanton Improvement District is entered into this <br />day of , 1994, between the City of Pleasanton, a <br />municipal co~, hereinafter referred to as "City", and the <br />san Francisco Bay Area Rapid Transit District, a rapid transit <br />district, hereinafter referred to as "BART". <br />WHEREAS, on August 10, 1988, City and BART entered into an <br />Agreement for Funding improvements for North Pleasanton Improvement <br />District ("AGREEMENT"); and <br />WHEREAS, the AGREEMENT identified certain Interstate 580 <br />Improvements which City, using North Pleasanton Improvement <br />District ("NPID") funds, would make to accommodate BART] and <br />WHEREAS, said AGREEMENT contained provisions for BART repaymentof <br />such funds; and <br />WHEREAS, said AGREEMENT was amended on January 17, 1994, to <br />authorize the City to reimburse BART for construction of the <br />auxiliary lanes and treated waterline in conjunction with the I-580 <br />widening project; and <br />WHEREAS, City is desirous of extending the treated waterline from <br />the previously contracted point to the loop in the southwest <br />quadrant of the Hopyard Road/I-580 Interchange; and <br />WHEREAS, BART is willing to construct the extension of the treated <br />water line in conjunction with its own construction if City <br />provides the funding therefor, and such construction does not <br />adversely impact the construction schedule; <br />NOW, THEREFORE, in consideration oP the mutual promises expressed <br />herein, the parties agree as follows: <br />A. Section 6 is hereby amended by adding the following: <br />"City shall accept responsibility for the design and BART <br />shall accept responsibility for the construction of an <br />extension of the treated water line from the previously <br />contracted reclaimed water line near the end of Owens Court <br />(26.6' RT HH6 21+87) to the loop in the southwest quadrant of <br />the Hopyard/580 Interchange (113.44' RT EB 84+98.35). City <br />shall pay BART an amount not to exceed $100, 000, based on <br />actual construction costs, in exchange for BART's <br />construction." <br />