Laserfiche WebLink
ALAMEDA CTC A11-0061 <br />AMENDMENT NO. 1 <br />SECTION I <br />INTRODUCTION <br />1.1 The Recitals above are true, correct and made a part hereof. <br />1.2 This AMENDMENT NO. 1 shall be legally binding on the PARTIES, and by executing the <br />same, each PARTY hereby acknowledges that its governing body has given all approvals necessary therefor. <br />1.3 Except as amended hereby, all terms and conditions of the MOU will remain in full force <br />and effect. <br />SECTION II <br />IT IS MUTUALLY AGREED: <br />2.1 COSL will provide $1,000,000 in local funds comprised of the approximate amounts shown <br />in APPENDIX A, attached hereto and by this reference incorporated herein. Commencing in July 2015, COSL <br />authorizes ALAMEDA CTC to retain future DLD funds from each of the DLD categories shown in <br />APPENDIX A until the $1,000,000 commitment has been met through a combination of a payment of local <br />funds from COSL to ALAMEDA CTC and the retention of DLD funds by ALAMEDA CTC. On a quarterly <br />basis, ALAMEDA CTC will provide a complete accounting of the monthly DLD retention. <br />2.2 ALAMEDA CTC shall program $2,000,000 CMA TIP program funds to the I-880 <br />Southbound HOV Lane Project. <br />2.3 ALAMEDA CTC shall use such funds to design and construct the IMPROVEMENTS. <br />2.4 If the total cost to design and construct the IMPROVEMENTS is less than $2,000,000, <br />ALAMEDA CTC shall reduce the CMA TIP programming and COSL's obligation to repay local funds <br />accordingly, and return any excess DLD funds retained by ALAMEDA CTC to COSL. Any cost increases <br />above this design and construction estimate will be the responsibility of COSL and funding for the same will <br />be incorporated into this MOU by a further written amendment. <br />2.5 This MOU as amended hereby, in conjunction with any and all agreements between COSL <br />and ALAMEDA CTC regarding DLD funds, contains the entire understanding between the PARTIES regarding <br />the PROJECT, and no oral understanding or agreement not incorporated herein or therein shall be binding on <br />any of the PARTIES hereto. <br />[signatures on followingpage] <br />2of3 <br />