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~ 20~~- 03~0~ ~ ~ • <br />ADDENDUM NO. 1 <br />INTERGOVERNMENTAL AGREEMENT OF JANUARY 2002 <br />REGARDING BUS RAPID TRANSIT <br />between the City of Eugene ("City") <br />and Lane Transit District ("LTD") <br />RECITALS <br />A. City and LTD have agreed to work cooperatively to design, construct, and <br />maintain a Pilot Project of the Bus Rapid Transit ("BRT") system and entered into that <br />certain Intergovernmental Agreement of January, 2002 governing the overall <br />coordination of the Pilot Project of the BRT system and future BRT corridors with City <br />(the "IGA"). <br />B. As part of the BRT project, certain utility facilities will be relocated. City <br />and LTD along with the Eugene Water and Electric Board have entered into that certain <br />Memorandum of Understanding dated November 24, 2003 (the "Memorandum"), <br />regarding relocating certain utility facilities underground. <br />C. Further identification, clarification and coordination of obligations and <br />responsibilities of City and LTD is needed in connection with the construction of the <br />BRT Pilot Project; therefore, the parties desire to enter into this Addendum No. 1 to the <br />IGA (this "Addendum"). <br />AGREEMENT <br />NOW, THEREFORE, the parties hereby agree as follows: <br />1. DEFINITION OF TERMS. <br />The terms used in this Addendum that are not defined in this section or elsewhere <br />in this Addendum have the meanings set forth in the IGA. <br />1.1 "Betterments" means the replacement of an existing Utility Facility in a <br />way that expands the facility's current expected useful life or any other any upgrades, <br />enhancements and/or improvements made to a Utility Facility during the Utility <br />Relocation process that is not required to be made to restore the Utility Facility to the <br />functional level of service the facility operated at prior to the Utility Relocation. <br />1.2 "Operator" means any person or entity or an agency of the federal, state, <br />county, or city government or a municipal corporation or a public corporation with <br />control over the Utility Facilities located within the Project. The City is not the Operator <br />of EWEB Utility Facilities. <br />ADDENDUM NO.1- EUGENE-LTD IGA FOR Bus RAPID TRANsrr Page-1 <br />