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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 following page] <br /> 2 of 3 <br />