16-181 Funding Agreement, Santa Clara Valley Transportation Authority (VTA) for the I-280Wolfe Rd Interchange Improvements ProjectSECOND AMENDMENT TO
FUNDING AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE 1-280/WOLFE ROAD INTERCHANGE IMPROVEMENTS PROJECT
This FUNDING AGREEMENT AMENDMENT No. 2 ("Second Amendment")
dated t1 o..v:: di\ 1-, 2018, for purposes of reference, is made and entered into by and
between the CITY OF CUPERTINO, a municipal corporation of the State of California
("CITY"), and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY , a public
agency organized as a special district under California law ("VTA"). Hereinafter, CITY
and VTA may be individually referred to as "Party" or collectively referred to as
"Parties". Except as otherwise modified by the First Amendment and this Second
Amendment, the terms and conditions of the Funding Agreement dated January 25,
2016 , shall remain in full force and effect.
I. RECITALS
A. On January 25, 2016, Parties entered into an agreement ("FUNDING
AGREEMENT") setting their respective obligations in regard to the modifications to the 1-
280/Wolfe Road Interchange Improvements Project ("PROJECT").
B. CITY initially contributed an amount of one million two hundred thousand
($1,200 ,000) dollars to the PROJECT under the terms of the FUNDING AGREEMENT
for the development and completion of the Project Initial Document ("PIO") phase.
C. The PROJECT's PIO phase , including the conceptual alternative analysis
activity, was completed on June 9, 2017 .
D. On May 3, 2017, Parties entered into a FUNDING AGREEMENT
AMENDMENT No . 1 ("First Amendment") for an additional five hundred thousand
($500 ,000) of CITY's contribution, increasing the CITY's contribution from $1,200,000 to
$1,700,000 to continue project development into the Project Approval/Environmental
Document ("PAED") phase.
E. The Parties recognize the need for the continuation of project development of
the PROJECT.
F . The Parties wish to amend the FUNDING AGREEMENT, as amended, to
increase the CITY's contribution from $1,700 ,000 to $1 ,960,000 to continue project
development for the PAED phase.
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Cupertino 280-Wolfe Road Funding Agreement Amendm ent 2 -Final 2018-02-07 _ MG 02 09 2018
NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as
follows:
II. AMENDED AGREEMENT
1. SECTION II, PARAGRAPH 2 CITY's Financial Contribution for PROJECT, is hereby
amended to increase CITY's Contribution by two hundred sixty thousand ($260,000)
dollars. The first sentence shall be restated as follows:
"CITY shall contribute to the PROJECT an amount not to exceed one million nine
hundred and sixty thousand ($1,960,000) dollars (hereinafter, "CITY's Contribution")
towards the development and completion of the PIO and the development of the PAED
phase."
2. SECTION 11, PARAGRAPH 14 Notice, is hereby amended update VTA's address for
notices and shall be restated as follows:
"14. Notice. Any notice required to be given by either Party, or which either party
may wish to give, shall be in writing and served either by personal delivery or sent by
certified or registered mail, postage prepaid, addressed as follows:
To VTA:
To CITY:
Santa Clara Valley Transportation Authority
Carolyn Gonot, Director of Engineering and Program Delivery
3331 North First Street, Bldg . A
San Jose, CA 95134-1906
City of Cupertino
Timm Borden, Director of Public Works
Department of Public Works
10300 Torre Avenue, Cupertino, CA 95014
Notice shall be deemed effective on the date personally delivered or, if mailed, three
(3) days after deposit in the United States mail."
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Cupertin o 280-Wo lfe Road Funding Agreement Amendm ent 2 -Final 20 18 -02-07 Final
WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth .
"CITY"
City of Cupertino
a municipal corporation
By 22 L IL
David Brandt
City Manager
APPROVED AS TO FORM:
By: _ __,,__ _________ _
Ran lph Hom
City A torney
3
"VTA"
Santa Clara Valley Transportation Authority
a public agency
By ~~~cf-~
Nuria Fernande?-°
General Manager
Date : -~~----1~, --_I~{ ____ _
APPROVED AS TO FORM:
Staff Attorne
Cupertino 280-Wo lfe Road Fund ing Agreement Amendment 2 -F inal 20 18-02-07 F ina l
AMENDMENT TO
FUNDING AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE 1-280/WOLFE ROAD INTERCHANGE IMPROVEMENTS PROJECT
This FUNDING AGREEMENT AMENDMENT No: 1 ("First Amendment") dated
May 3, 2017, for purposes of reference, is made and entered into by and between the
CITY OF CUPERTINO, a municipal corporation of the State of California ("CITY"), and
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency
organized as a special district under California law ("VTA"}. Hereinafter, CITY and
VTA may be individually referred to as "Party" or collectively referred to as "Parties".
I.RECITALS
A On January 25, 2016, Parties entered into an agreement ("FUNDING
AGREEMENT") setting their respective obligations in regard to the modifications to the I·
280/Wolfe Road Interchange Improvements Project ("PROJECT").
B.CITY initially contributed an amount of one million two hundred thousand
($1,200,000) dollars to the PROJECT under the terms of the FUNDING AGREEMENT
for the development and completion of the Project Initial Document ("PIO") phase.
C.The PROJECT's PIO phase, including the conceptual alternative analysis
activity, is scheduled to be completed in May 2017.
D.The Parties recognize the need for the continuation of project developments
into the next phases.
E.The Parties wish to amend the FUNDING AGREEMENT to increase the CITY's
contribution from $1,200,000 to $1,700,000 to continue project development into the
Project Approval/Environmental Document ("PAED") phase.
NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as
follows:
II.AMENDED AGREEMENT
1.SECTION II, PARAGRAPH 2 CITY's Financial Contribution for PROJECT, is hereby
amended to increase CITY's Contribution by five hundred thousand ($500,000)
dollars. The first sentence shall be restated as follows:
"CITY shall contribute to the PROJECT an amount not to exceed one million seven
hundred thousand ($1,700,000) dollars (hereinafter, "CITY's Contribution") towards
the development and completion of the PID and the development of the PAED phase."
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Cupertino 280-Wolfe Road Funding Agreement Amendment � Final