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.W l0 7 1� <br /> W <br /> SECOND AMENDMENT TO THE FINANCING ADMINISTRATION AGREEMENT <br /> Z <br /> Q <br /> This Second Amendment to the Financing Administration Agreement, made and entered into U <br /> this �� day of 1JOir'Q)1 h e.r , 2010, by and between the City of Pleasanton,a municipal <br /> corporation of the State of California ("City") and the Dublin San Ramon Services District, a public agency <br /> of the State of California ("District"); <br /> WITNESSETH: <br /> WHEREAS, City and District entered into that certain Agreement entitled the Financing <br /> Administration Agreement("Agreement")on December 5, 2000,the stated purpose of which is to <br /> provide requirements and procedures by which District shall manage and administer the Rate <br /> Stabilization Fund in connection with the issuance, sale,and retirement of District Bonds and the <br /> LAVWMA bonds in order to minimize the possibility that Regional Service Charges may be required for <br /> debt service; and <br /> WHEREAS,on June 28,2004, City and District entered into the First Amendment to the <br /> Agreement; and <br /> WHEREAS,the City and District Liaison Committee met on December 17, 2008 and agreed that <br /> an amendment to the agreement which continued to protect ratepayers would be acceptable and <br /> should address the following points: allow the debt to be retired based upon a business decision rather <br /> than a formula, removal of fee increases not based upon a cost indicator or nexus study and adding <br /> specific and reasonable criteria for joint review of expansion projects. <br /> WHEREAS, City and District have each determined that it is in their respective and mutual best <br /> interests to enter into a Second Amendment to said Agreement to revise certain of said procedures and <br /> requirements; <br /> NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: <br /> 1. Section 2 of said Agreement is hereby amended as follows: <br /> (a) The following definitions are hereby added to Section 2: <br /> Audited Fund Balance—the excess of the Regional Expansion Fund's current <br /> unrestricted assets less its current unrestricted liabilities as calculated at the end of the <br /> Fiscal Year and based upon the District's audited financial statements. <br /> Committee—the District and City Liaison Committee <br /> 1 <br />