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ARTICLE T: TERMS & CONDITIONS <br /> The Parties agree that the above referenced RECITALS are true and correct in all respects and <br /> shall constitute a substantive part of this AMENDMENT and are incorporated herein by this <br /> reference. <br /> The Parties agree that the BETTERMENTS are station features that are in addition to the <br /> STATION described in the Cooperative Agreement, SANBAG Contract No. 97-026, and CITY's <br /> responsibilities to pay for the BETTERMENTS are in addition to CITY contributions for the <br /> STATION also described in the Cooperative Agreement, SANBAG Contract No. 97-026. <br /> SANBAG will support CITY's desired BETTERMENTS provided these BETTERMENTS: <br /> A. Are mutually agreed-upon by both SANBAG and CITY; <br /> B. Are cost-neutral to SANBAG; <br /> C. Do not diminish or conflict with SANBAG's design criteria with regards to safety, <br /> security, and platform height; <br /> D. Are consistent with all applicable state, federal, local, and industry regulations codes and <br /> standards including but not limited to, the Americans With Disabilities Act (ADA), <br /> National Fire Prevention Association (NFPA), the American Public Transportation <br /> Association (APTA), the California Public Utilities Commission (CPUC), the Federal <br /> Railroad Administration (FRA), and the Federal Transit Administration (FTA); <br /> E. Do not require additional right-of-way acquisitions; <br /> F. Do not conflict with the PROJECT's approved EIS/EIR document and do not require <br /> additional environmental analysis; <br /> G. Are designed by SANBAG's engineering and design contractors, managed directly by <br /> SANBAG; and <br /> H. Are defined in a timely manner and do not delay SANBAG's ability to advertise for <br /> construction bids as defined in Exhibit"1-A". <br /> ARTICLE 2: FUNDING <br /> DESIGN COSTS <br /> SANBAG agrees to fund the design of the STATION to the extent of the cost of a standard <br /> PROJECT station as defined in the PROJECT design criteria. The standard design costs are <br /> already accounted for in the SANBAG's contract for final design. The CITY will fund all costs <br /> related to the design of the BETTERMENTS requested by CITY. <br /> The CITY has allocated an amount not-to-exceed $150,000 for the design of the <br /> BETTERMENTS. These design costs are above and beyond SANBAG's budget for the design of <br /> a standard PROJECT station, including the station canopies, which are depicted in Exhibit "1-B". <br /> As the design of the BETTERMENTS proceeds, SANBAG will invoice CITY for the <br /> BETTERMENT design costs incurred by SANBAG and CITY shall reimburse SANBAG within <br /> 30 days of receipt of invoice. <br /> 15-1001047-01 Page 2 of 6 <br />