BAY AREA RAPID TRANSIT - N PLEASANTON IMPROVEMENT DISTRICT 1994

.~ ` AMENDMENT NO. 2 AGREEMENT FOR FIINDING IMPROVEMENTS FOR NORTH PLEABANTON IMPROVEMENT DISTRICT THIS SECOND AMENDMENT to the Agreement for Funding Improvements for North Pleasanton Improvement District is entered into this day of T , 1994, between the City of Pleasanton, a municipal co poration, hereinafter referred to as "City", and the San Francisco Bay Area Rapid Transit District, a rapid transit district, hereinafter referred to as "BART". WHEREAS, on August 10, 1988, City and BART entered into an Agreement for Funding Improvements for North Pleasanton Improvement District ("AGREEMENT"); and WHEREAS, the AGREEMENT identified certain Interstate 580 Improvements which City, using North Pleasanton Improvement District ("NPID") funds, would make to accommodate BART; and WHEREAS, said AGREEMENT contained provisions for BART repayment of such funds; and WHEREAS, said AGREEMENT was amended on January 17, 1994, to authorize the City to reimburse BART for construction of the auxiliary lanes and treated waterline in conjunction with the I-580 widening project; and WHEREAS, City is desirous of extending the treated waterline from the previously contracted point to the loop in the southwest quadrant of the Hopyard Road/I-580 Interchange; and WHEREAS, BART is willing to construct the extension of the treated water line in conjunction with its own construction if City provides the funding therefor; NOW, THEREFORE, in consideration of the mutual promises expressed herein, the parties agree as follows: A. Section 6 is hereby amended by adding the following: "City shall accept responsibility for the design and BART shall accept responsibility for the construction of an extension of the treated water line from the previously contracted reclaimed water line near the end of Owens Court (26.6' RT BB6 21+87) to the loop in the southwest quadrant of the Hopyard/580 Interchange (113.44' RT EB 84+98.35). City shall pay BART an amount not to exceed $100,000, based on actual construction costs, in exchange for BART's construction of the water line extension. Said amount shall be in addition to the amount. of $1,254,768 ($1,824,958 less $570,190 for additional improvements shown in Exhibit "D") paid to BART pursuant to Amendment No. 1 to the Agreement."