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FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING <br />AIRPORT GATEWAY-DOOLITTLE DRIVE STREETSCAPE <br />CONSTRUCTION PROJECT <br />This First Amendment (the "Amendment") to the Airport Gateway-Doolittle <br />Drive Streetscape Construction Project Memorandum of Understanding entered <br />into effective March 22, 2004, (the "MOU") is made and entered into as of this <br />day of ~-~(~G~ 2007, by and among the City of Oakland <br />("Oakland"), a municipal corporation, the City of San Leandro ("San Leandro"), a <br />municipal corporation, and the Port of Oakland ("Port"), a public agency. <br />Oakland, San Leandro, and the Port are hereafter referred to collectively as the <br />"Parties." <br />1. The Parties do mutually agree to amend said MOU as follows: <br />a. The second full paragraph of Section 2, Funding, is hereby <br />amended to read as follows: <br />"San Leandro and Oakland have approved funding in the <br />amount of $1,263,167 each, and the Port has approved <br />funding in the amount of $481,208. The contract maximum <br />under this MOU is $3,007,542. This contract amount <br />includes a 12 percent contingency. If Project costs are <br />projected to exceed this contract maximum, the Parties shall <br />work together to either reduce or modify the scope of the <br />Project to bring Project costs within the budgeted maximum, <br />or obtain additional funds in accordance with the above <br />stated formula. No Party shall be liable for more than the <br />funding amounts specified in this paragraph without approval <br />by their respective governing bodies and written amendment <br />of this MOU." <br />b. The Budget attached to the MOU as Exhibit B is hereby <br />replaced with that revised Budget attached to this Amendment <br />as Revised Exhibit B. <br />2. All other provisions of the MOU not modified by this Amendment shall <br />remain in full force and effect. <br />[SIGNATURES ON NEXT PAGE] <br />