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FIRST AMENDMENT TO THE <br /> AGREEMENT FOR FUNDING IMPROVEMENTS FOR <br /> NORTH PLEASANTON IMPROVEMENT DISTRICT <br /> <br />THIS FIRST AMENDMENT to the Agreement for Funding Improvements <br />for North Pleasanton Improvement District is entered into this <br /> day of , 1993, between the City of Pleasanton, a <br />municipal corporation, h~reinafter 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 /> <br />WHEREAS, on August 10, 1988, City and~BART entered into an <br />Agreement for Funding Improvements for North Pleasanton <br />Improvement District ("AGREEMENT"); and <br /> <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 /> <br />WHEREAS, said Agreement contained provisions for BART repayment <br />of such funds; and <br /> <br />WHEREAS, by separate agreement with Calftans, the City was <br />obligated to construct auxiliary lanes on Interstate 580 between <br />the Hopyard Road and Hacienda Drive interchanges for a cost not <br />to exceed $1,624,958 and to construct a treated water supply line <br />for the irrigation of freeway landscaping; and <br /> <br />WHEREAS, such construction, if accomplished now, would conflict <br />with future BART construction and would add cost to such BART <br />construction; and <br /> <br />WHEREAS, the City and Caltrans have modified their agreement to <br />allow BART to construct auxiliary lanes and the treated water <br />line in conjunction with the BART freeway widening project; and <br /> <br />WHEREAS, BART is willing to construct those NPID improvements in <br />conjunction with its own construction if City provides the <br />funding therefor; <br /> <br />NOW, THEREFORE, in consideration of the mutual promises expressed <br />herein, the parties agree as follows: <br /> <br /> <br />