NILES PLEASANTON TRACK CONSOLIDATION 1984

NILES - PLEASANTON TRACK CONSOLIDATION•PROJECT SECTION IV - contd. 5. That the final sharing of the grade separation funds to be received from the State of California in the allocated amount of $5,000,000 will be based upon the percentage relationship that the total cost of the portion of the completed project located within CITY, and the total cost of the portion of the completed project located within the unincorporated area of COUNTY, bear to the total combined cost of the completed project located within the said areas of CITY and COUNTY. Upon determination of the final percentage entitlement of each party hereto, any refund due either CITY or COUNTY because of an advance overpayment made under the authority of paragraph 4 above will be made promptly by the party that was overpaid. 6. Should anticipated total costs to COUNTY exceed $500,000, then CITY and COUNTY must reach agreement in regard to such increased costs prior to the awarding of the contract by CITY. 7. That those costs incurred by the two railroad companies involved associated with permanent track relocations and the temporary rerouting of rail traffic of The Western Pacific Railroad Company onto tracks of the Southern Pacific Transportation Company, including track connections, signals and communications changes, and other work associated therewith, as described in subparagraphs 6a through 6e, Part I, of the aforesaid four -party agreement executed on March 23, 1982, shall be considered attributable to the project as a whole, and shall be shared in the same percentage relationship as set forth in paragraph 5 above. 8. That this agreement shall be subject (a) to the geographic limit- ations imposed by the State of California- County of Alameda agreement obligating the State's payment of the allocated amount of $5,000,000 for expenditure on the aforesaid track consolidation project, (b) to the method by which the State will 7