22-180 Amendment #1 dated 5-29-24 Funding Agreement with Santa Clara Valley Transportation Authority for Junipero Serra Trail, East SegmentRev 1/2024 Page 1 of 3
FIRST AMENDMENT TO THE FUNDING AGREEMENT
BETWEEN
CITY OF CUPERTINO
AND THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
JUNIPERO SERRA TRAIL, EAST SEGMENT
This first amendment to the AGREEMENT (“FIRST AMENDMENT”) is between the CITY OF CUPERTINO,
referred to herein as “CITY”, and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, referred to
herein as “VTA” and is entered into as of the last date set forth in the signature block. Hereinafter, CITY
and VTA may be individually referred to as “PARTY” or collectively referred to as “PARTIES”.
I. RECITALS
1. WHEREAS, on May 19, 2022, the CITY and VTA entered into an agreement titled “FUNDING
AGREEMENT BETWEEN CITY OF CUPERTINO AND SANTA CLARA VALLEY TRANSPORTATION
AUTHORITY FOR JUNIPERO SERRA TRAIL, EAST SEGMENT” (“AGREEMENT”); and
2. WHEREAS, CITY and VTA desire to amend the AGREEMENT to extend the term of the AGREEMENT to
June 30, 2025.
NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows:
II. AGREEMENT
1. SECTION II, TERM OF AGREEMENT, is amended and re-stated in its entirety to read as follows:
TERM OF AGREEMENT
The term of this AGREEMENT will commence on the Effective Date (as defined in the signature block
below) and continue through the earlier of: (i) May 30, 2026, (ii) completion of the PROJECT, (iii)
cancellation of the PROJECT, or (iv) termination of this AGREEMENT pursuant to the terms herein.
2. Unless specifically defined herein, the capitalized terms used in this FIRST AMENDMENT have the
meanings as defined in the AGREEMENT.
3. Except as herein modified, all provisions of the AGREEMENT, including any exhibits and subsequent
amendments thereto, remain in full force and effect. All references to the AGREEMENT in this FIRST
AMENDMENT refer to the AGREEMENT as amended unless otherwise specifically set forth or
otherwise indicated by context.
4. In the event of any conflict between the provisions of this FIRST AMENDMENT and the provisions of
the AGREEMENT, the provisions of this FIRST AMENDMENT will prevail. Whether or not specifically
amended by this FIRST AMENDMENT, all of the terms and provisions of the AGREEMENT are
Rev 1/2024 Page 2 of 3
amended to the extent necessary to give effect to the purpose and intent of this FIRST
AMENDMENT.
5. If any provision of the AGREEMENT, as amended by this FIRST AMENDMENT, is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in
full force without being impaired or invalidated in any way.
Signatures of PARTIES on following page.
Rev 1/2024 Page 3 of 3
IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT as of the last date set forth
below.
Santa Clara Valley City of Cupertino
Transportation Authority
Carolyn M. Gonot Pamela Wu
General Manager/CEO City Manager
Date Date
Approved as to Form:Approved as to Form:
VTA Legal Counsel Christopher Jensen, City Attorney
Date Date