TRANSPORTATION COMMISSION RM2 FUND

A CCMA No. B09-004 Amendment No. 1 AMENDMENT No. 1 to the RM 2 FUND TRANSFER AGREEMENT between ALAMEDA COUNTY TRANSPORTATION COMMISSION (as successor to the Alameda County Congestion Management Agency) and CITY OF PLEASANTON for the EASTBOUND I-580 LANDSCAPE REPLACEMENT PROJECT IN THE TRI-VALLEY This AMENDMENT No. I is entered into on February 27 , 2013, by and between the ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency ("ALAMEDA CTC"), as successor to the ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY ("ACC and the CITY OF PLEASANTON, a local public agency("SPONSOR"). RECITALS A. The ACCMA and SPONSOR entered into RM 2 Fund Transfer Agreement No. B09-004 dated March 23, 2010 ("AGREEMENT") for the Eastbound I-580 Landscape Replacement Project in the Tri-Valley ("PROJECT"), whereby SPONSOR agreed to implement PROJECT activities with SPONSOR's city limits. B. As of the close of business on February 29, 2012, ACCMA has been terminated and ALAMEDA CTC designated as its successor entity and as the transportation authority and congestion management agency for Alameda County. In conjunction with such termination,the AGREEMENT and all other ACCMA contracts have been assigned to, and accepted by, ALAMEDA CTC. C. ALAMEDA CTC and SPONSOR now wish to amend the AGREEMENT to extend the term of the AGREEMENT to allow for SPONSOR to complete the Scope of Work. AMENDMENT 1. Notwithstanding anything to the contrary contained in the AGREEMENT, the outside date for the end of the term of the AGREEMENT pursuant to Section 12 of the AGREEMENT is hereby extended from March 23, 2013, to September 30, 2013. 2. Effective as of the close of business on February 29, 2012, the AGREEMENT is hereby assigned to, and accepted by, ALAMEDA CTC. Accordingly, from and after that date, 1