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AMENDMENT NO. 1 TO <br />AGREEMENT NO. C-1-3099 <br />1 Board of Directors on May 14, 2012." <br />2 7. Amend ARTICLE 10. AVAILABILITY OF FUNDS, page 12 of 16, line 23, to delete to in <br />3 its entirety and replace with: <br />4 "This Agreement will allow AUTHORITY to reimburse the CITY with Federal Funds from <br />5 the Federal Grant to CITY. The Federal Funds are subject to the terms and conditions of this <br />6 Agreement, the Federal Grant, and the applicable requirements of AUTHORITY and the FTA. This <br />7 Agreement neither implies nor obligates any funding commitment by AUTHORITY as specified in <br />8 Amendment No. 1, EXHIBIT A, "FUNDING PLAN". All funds are contingent upon federal <br />9 appropriation, the FTA's approval of a grant application, and for Preliminary Engineering funds, FTA's <br />10 approval for the PROJECT to enter into Preliminary Engineering. If the FTA does not approve entry into <br />11 Preliminary Engineering, the CITY will be responsible for reimbursing AUTHORITY the Four Hundred <br />12 Eighty Eight Thousand Dollars ($488,000) of Renewed Measure M funds reprogrammed from <br />13 Agreement No. C-1-3099 to Agreement No. C-8-1157. If a Letter of No Prejudice is issued by the FTA, <br />14 CITY shall assume all the risk of spending the Local Match early on in the PROJECT." <br />15 / <br />16 / <br />17 / <br />18 / <br />19 / <br />20 / <br />21 / <br />22 / <br />23 / <br />24 / <br />25 / <br />26 / <br />Page 4 of 5 <br />L:\Camm\CLERICAL\W ORDPROC\AGREE\AMEND\AM 113099.docx