19-131 Apple Inc., Grant Agreement Grant Agreement
This Grant Agreement ("Agreement") dated as of June 18, 2019, sets forth the terms and
conditions agreed to by the City of Cupertino, a municipal corporation of the State of
California ("Grantee"), and Apple Inc., a California corporation ("Grantor").
1. GRANT PROJECT. Apple desires to fund various transportation infrastructure and
safety projects in the City of Cupertino as more fully described in Exhibit A (each, a
"Grant Project" and collectively, the "Grant Projects"). j
2. FUNDING OF GRANT. Grantor shall fund each Grant ("
Grant r G Project "ant Funds"): (a)
in an amount not to exceed the amount specified in Exhibit A, and (b) in accordance
with the funding schedule specified in Exhibit A. If payments of Grant Funds are
conditioned upon achievement of particular milestones or other required
documentation,delays may occur if the milestones are not met and/or documentation
is not submitted as agreed. It is expressly understood that this Agreement does not
obligate Grantor to provide any additional support to Grantee for any other project
or purpose other than the Grant Projects expressly provided for in this Agreement.
3. USE OF GRANT FUNDS. Grant Funds are restricted for use on the particular Grant
Projects for which they have been funded as detailed in Exhibit A. No Grant Funds
may be used for City staff costs or overhead. Grantor will fund Grant Projects at their
actual cost up to the not to exceed amount. Any grant funds not so used for the Grant
Project for which they have been funded must be returned promptly to the Grantor,
or may be applied to other Grant Projects as may be mutually agreed by Grantor and
Grantee and documented in writing before any such modifications become binding.
i
4. GRANT OVERSIGHT/AUDIT. Grantee will exercise full control over each Grant
Project and will administer, manage and use the Grant Funds solely for Grant
Projects. Grantor's role will consist of reasonable evaluation of Grantee's expenditure
of Grant Funds. Grantee agrees to permit the Grantor, at its request, to have
reasonable access to all information necessary to make such program
evaluations. Grantee agrees that Grantor shall have the right to audit Grantee at any
time to determine its compliance with this Agreement. During an audit, Grantee
agrees that it will disclose all relevant information other than attorney client
communications to Grantor to allow Grantor to assess Grantee's compliance with this
Agreement.
1
5. GRANT REPORTING. Grantee will provide Grantor a quarterly report covering the
progress and financial status of each Grant Project ("Quarterly Report"). Each
Quarterly Report will include a progress update of each Grant Project, including a
description of activities performed to date, challenges encountered(if any), and plans
for the next quarterly reporting period. The financial reporting portion of each
Quarterly Report will include a summary of expenses against the budget for each
Grant Project and any remaining balance.Upon request,Grantee will provide Grantor
with informal program updates. For each completed Grant Project, Grantee will
include a final accounting of how the Grant Funds were spent as compared to the
applicable budget.
i
6. RELATED PARTIES.Grantee agrees that its staff,elected officials,agents,employees
and contractors (or any related party) will not receive any financial benefit as a result
of this Agreement.
7. NO WARRANTY.Grantor makes no representations or warranties about the quality,
sufficiency or legal compliance of any Grant Project, including, without limitation,
any plans or specifications for any Grant Project. Each Grant Project shall at all times
be deemed to be a Grantee project and Grantor shall have no obligation to design,
construct,maintain, repair or replace any portion of any Grant Project.
8. INDEMNIFICATION AND HOLD HARMLESS. Grantor shall not be liable for any
acts or omissions in approving, reviewing, checking, correcting, constructing or
modifying any Grant Project or any related specifications. In consideration of Grantor
proving the Grant Funding, Grantee agrees to indemnify, hold harmless,release and
forever discharge Grantor, its officers, agents, employees, contractors and affiliates
from and against any and all judgments, actions, claims, suits, losses, damages, and
expenses resulting from, related to or in any way connected with this Agreement,
including, without limitation, any claims, actions, or demands arising out of the
design, construction, maintenance and operation of any Grant Project. This
indemnification obligation shall survive any termination of this Agreement.
i
9. TERMINATION. Either party may terminate this Agreement following a breach of a
material provision of this Agreement,whether by action or inaction,which continues
and is not remedied within thirty (30) days after the non-breaching party has given
notice specifying the breach. Grantor may also terminate this Agreement at any time
following Grantee's adoption of new fees or taxes that apply at different rates and/or
amounts depending on the revenue or employee count of the business or property
owner or that would have a disproportionate effect on Grantor. Grantor shall have
no obligation to make any additional payments or provide any of the other benefits
set forth in this Agreement following termination.
2
10.EQUITABLE RELIEF. Grantee agrees that Grantor will have the right to seek and
obtain immediate injunctive relief to enforce obligations under this Agreement in
addition to any other rights and remedies it may have.
!3
11.NO ASSIGNMENT.This Agreement may not be assigned by Grantee by any means,
including without limitation, by operation of law or merger. Any attempted !
assignment of this Agreement by Grantee in violation of this section will be void.
12.PUBLICITY.Grantee will not use(or permit its personnel to use)Grantor trademarks,
service marks, trade names, logos or other commercial or product designations for
any purpose without the express prior written approval of Grantor.
13. GRANT RECORDS.Grantee agrees to maintain records of receipts and expenditures
and make its books and records available to Grantor at reasonable times upon its 1
request, which shall be adequate to identify the use of the funds in compliance with
this Agreement. Such records shall be retained for a period of at least four (4) years
after the completion of the use of the payments received from Grantor.
14.REQUIRED NOTIFICATION. Any notices delivered pursuant to this Agreement
and all other communications shall be in writing and shall be given to the appropriate
party at the address set forth below or at such other designation as from time to time
may be specified hereunder. All notices and other communications shall be deemed
given: (a) upon personal delivery to the appropriate address; (b) three (3) business
days after the date of mailing if sent by certified or registered mail; or (c) one (1)
business day after the date of deposit with a commercial courier service offering next
business day service with confirmation of delivery. Notices and other
communications shall be addressed as follows (or to such other address as a party
designates in writing from time to time):
To Grantor: To Grantee:
Apple Inc. City of Cupertino
One Apple Park Ways M� I I"I- �� 10300 Torre Avenue
Cupertino, CA 95014 Cupertino, CA 95014
f ► l j/ L
Attention3e l �Swfc � �'�la,�nl��i� Attention: Deborah Feng, City Manager
Phone: Phone: 408.777.2489
Email: Lp r� Email: DebF@cupertuno.org
3
15.GOVERNING LAW. All questions of law which may arise in the administration of
this Agreement shall be determined in accordance with the laws of State of California.
16.MODIFICATION. This Agreement sets forth all of the terms of this grant and
replaces all prior understandings and agreements. This Agreement may only be
i
changed or modified with the express written consent of the Grantor and Grantee. {
i
i
Each signatory to this Agreement represents and warrants that he or she possesses all 1
necessary capacity and authority to act for, sign and bind the party on whose behalf he
or she is signing this Agreement.
IN WITNESS WHEREOF, Grantee and Grantor have signed this Agreement.
Grantee: Grantor:
I�
{
City of Cupertin Apple Inc.
By: J By:
Name: Deborah Feng Nam e A C�j��
Title: City Manager Title: 'bv-tc--6rj
Date: Date: 7t21`.1
APPROVED AS TO FORM:
HEATHER M. MINER
Cupertino City Attorney
ATTEST:
GRACE SCHMIDT
City Clerk
4
Exhibit A—Grant Pr�o'ects
Project Name Description Not to Exceed Amount Funding Schedule
McClellan Rd Phase II:Construction of $1,000,000 Funding Schedule 1*
Protected Bikeway separated bikeway from
Bryne Ave to Imperial Ave
Funding Schedule 1
McClellan Rd Phase III:Construction of $1,000,000
Protected Bikeway separated bikeway from
Stelling Rd to Torre Ave
Junipero Serra Trail Construction Design $1,800,000 Funding Schedule 1
Planning/Design:Class IV
Bubb Road Project bike lanes,sidewalks, $136 590 Funding Schedule 1
pedestrian refuges,
enhanced striping etc.
Bubb Road Project
Construction& $1,843,965 Funding Schedule 1
Contingency
New concept:two-way on
street bikeway/cycletrack Funding Schedule 1
Mary Ave Protected Bikeway from Stevens Creek Blvd. $165,000
to Mary Ave Bike/Ped
bridge.
Design & construct
McClellan Rd Sidewalk sidewalk improvements
Improvements between Orange Avenue $2,035,000 Funding Schedule 1
and San Leandro Avenue.
i
Design & construct
approximately 650 LF of
McClellan Rd Sidewalk sidewalk on the north side $430,000 Funding Schedule 1
Installation of McClellan between
HWY 85 and Rose
Blossom.
De Anza Blvd/McClellan Traffic signal upgrades.
Pacifica Signal Modification pg $160,000 Funding Schedule 1
*Note-Funding Schedule 1 is defined at the end of this Exhibit A
Exhibit A—Grant Projects
School Walk+Safety Projects
Abraham Lincoln Elementary School/Monta Vista High School
Grant Project Description Schedule
Add advance yield lines. Construct curb ramp
Br ne Ave @ McClellan Road and sidewalk in NW corner. Study sight lines
y and consider additional advance warning Funding Schedule 2*
stencils if crosswalk is obstructed by slope
Add advance yield lines(may require re-
McClellan Road at Orange Ave striping of KEEP CLEAR stencil).Review
g signal length and consider retiming or Funding Schedule 2
replacing with RRFB
Lincoln Elementary Uncontrolled Review signal length and consider retiming or
Funding Schedule 2
Crosswalk replacing beacons with RRFB
Implement high-visibility crosswalk in the
McClellan Road at Imperial eastern leg of the intersection with Assembly B
A
Funding Schedule 2
Avenue &D signage
Widen sidewalk on west side Fort Sidewalk widening(additional width 5),
Baker Drive between Presidio retaining wall,and fence relocation Funding Schedule 2
Drive
Hyannisport Dr at Fort Baker Reconstruct intersection to close slip lane onto
Funding Schedule 2
Drive Fort Baker Drive
i
Sam H.Lawson Middle School
Grant Project Description Funding Schedule
Conduct traffic study along Mariani Funding Schedule 2
Marian Avenue/Infinite Loop Avenue/lnfinite Loop.Convert transverse
crosswalk to yellow high-visibility crosswalk.
Merritt Drive/Larry Way/Vista Install in-street school crossing signs(R1-6)in Funding Schedule 2
Drive the crosswalks across Merritt Drive.
Install KEEP CLEAR markings in both Funding Schedule 2
Apple Tree Lane/Vista Drive northbound and southbound directions of the
intersection.Install in-street school crossing
sign in the crosswalk across Vista Drive.
Vista Drive Install Class III Bike Route signage and Funding Schedule 2
marking(sharrows)
*Note-Funding Schedule 2 is defined at the end of this Exhibit A
Exhibit A—Grant Projects
Sedgewick Elementary School
Grant Project Description Funding Schedule
Phil Lane/Finch Ave Shift crosswalk across Phil Lane to make x- Funding Schedule 2
walks perpendicular.Install ADA-compliant
ramps.Remove and relocate stop bar
Tilson Avenue/Tantau Avenue Install ADA-compliant curb ramps on western Funding Schedule 2
corners.Install high-visibility crosswalks.
Remove stripe/legend
Widen sidewalk on Phil Lane.Install Loading
Funding Schedule 2
Zone During School Hours signs on south side
of Phil Lane between western drop-off loop
Phil Lane Drop-Off driveway and Tantau Avenue.Refresh red curb
between driveways.Trim bushes on western
side of drop-off loop and bus loop exit.
Sidewalk widening by 4ft for 95 LF. Install
loading zone sign
Install ADA-compliant curb ramps. Install Funding Schedule 2
Phil Lane/Tantau Ave detectable warning surface at either end of
median refuge
Replace existing beacon with rectangular rapid Funding Schedule 2
flashing beacon or other LED flashing beacon.
Tantau Ave/Barrlhart Ave Install curb extension at intersection corners.
Widen sidewalk on Tantau Avenue to match
existing paint on street.Realign high-visibility
crosswalk on Barnhart Avenue.Potentially re-
work parking lot to alleviate on-street traffic
Hyde Middle School
Grant Project Description Funding Schedule
Conduct stop sign warrant analysis for Hyde Funding Schedule 2
Shadygrove Drive/Hyde Avenue Avenue approach.Install yellow high-visibility
crosswalk on east side of intersection.Trim
vegetation around intersection
Disney Lane/Miller Avenue Install yellow high-visibility crosswalk. Funding Schedule 2
Remove Stripe/Legend
Willowgrove Lane/Hyde Avenue Install curb extensions with ADA-compliant Funding Schedule 2
curb ramps on both sides of intersection
Bollinger Road/Miller Avenue Install yellow high-visibility crosswalks on all Funding Schedule 2
legs of intersection.Remove Stripe/Legend
Hyde Avenue/Bollinger Road Trim vegetation on Bollinger Road Funding Schedule 2
Exhibit A—Grant Projects
Garden Gate Elementary School
Grant Project Description Funding Schedule
Shift,extend,&raise pedestrian walkway Funding Schedule 2
School Drop-Off through parking lot.Install ADA-compliant
curb ramps at either end of walkway.
Greenleaf Drive School Frontage Trim bushes along sidewalk.Unlock school Funding Schedule 2
access gate during drop-off/pick-up.Consider
removing parking on the north side of curve.
Flora Vista Avenue/Greenleaf Install yellow high-visibility crosswalk across Funding Schedule 2
Drive
Greenleaf Drive.Install ADA-compliant curb
ramp on southwest corner of intersection
{
Stelling Road/Greenleaf Drive Funding Schedule 2
Study pedestrian signal timing
Conduct crossing guard warrant analysis for Funding Schedule 2
Castine Avenue/Greenleaf Drive southbound Castine Avenue. Install yield
markings on Castine Avenue
Ann Arbor Avenue/Greenleaf Install curb extension and ADA-compliant Funding Schedule 2
Drive
curb ramp at crosswalks
Install yellow high-visibility crosswalks and Funding Schedule 2
yield markings across Grenola Drive and
Hazelbrook Drive.Trim landscaping.Conduct
Ann Arbor Avenue yield sign warrant analysis on Hazelbrook
Drive.Install ADA-compliant curb ramps.
Tighten turn radius at corners.Long term:
Close sidewalk gaps
Homestead High School
Grant Project Description Funding Schedule
Install hi-viz x-walks at crossings.Reconstruct Funding Schedule 2
SW corner to tighten turning radius.Install
new ramp approx.25 feet west of intersection
curb ramp.Add bike path behind bench
shelter to connect to Mary Avenue Bridge
General path.Reduce vehicle lane widths to 11'to
convert existing bike lanes to buffered bike
lane.Add flexible delineators in buffer space.
Consultant for all-red pedestrian phase-$5,000.
Make western driveway right-in,right out.
Add exible delineators on Homestead Rd to
Exhibit A—Grant Pro'ects
block vehicles from turning left out of parking
lot.
Pave informal path to allow for safer bicycle Funding Schedule 2
Bicycle Safety
access.
L.P.Collins Elementary School
Grant Project Description Funding Schedule
Install ADA-compliant curb ramps.Install Funding Schedule 2
Merritt Drive/Blaney Avenue high-visibility crosswalks.Conduct traffic
signal warrant analysis and evaluate a
roundabout.
Blaney Ave/Pear Tree Lane Install ADA-compliant curb ramps.Install Funding Schedule 2
School Assembly B signage.
Install yellow high-visibility crosswalks on all Funding Schedule 2
legs of
Forest Avenue/Plum Tree Lane Intersection.Install yield sign and yield line on
Toni Court.Install yield lines prior to
crosswalks on Forest Avenue.
Forest Avenue/Blaney Avenue Install curb extension on southwest corner. Funding Schedule 2
Install green conflict striping in bikes lanes. Funding Schedule 2
School Frontage Extend detectable warning surface along drop-
off area.
Install yellow high-visibility crosswalk across Funding Schedule 2
Blaney Avenue/Twilight Court Twilight Court.Install School Assembly B
signage.
Install swing gate at"Staff Parking Only" Funding Schedule 2
marking area(to be closed during school
y
Bright Horizons Parking hours).Install yellow high-visibility crosswalk
Lot/Portal Avenue at Portal Avenue/Amherst Drive.Install One
Way signage at entry and exit driveways to
mimic school frontage parking lot.
1
William Faria Elementary School
Grant Project Description Funding Schedule
Scofield Drive/Barbara Lane Study feasibility of crossing guard Funding Schedule 2 i
Reconstruct driveways to city standards. Funding Schedule 2
Install truncated domes on either side of
School Drop-Off driveway at sidewalks.Widen sidewalk at
southern end to approximately 15 feet.Remove
pole at exit driveway,south side.Remove red
i
Exhibit A—Grant Pro'ects
curb at southwestern corner.Install"Vanpool
Parkin Only" signs at southwestern corner.
Install yellow high-visibility crosswalk across. Funding Schedule 2
Pepper Tree Lane/Stelling Road Pepper Tree Lane.Install Leading Pedestrian
Interval with 5 second.Lead time for all legs of
intersection
Pepper Tree Lane/Barbara Lane Study feasibility of crossing guard.Install Funding Schedule 2
school assembly B signage.Install red curb
from light pole to driveway.
Shelly Drive/Bonny Drive Funding Schedule 2
Install high-visibility crosswalk across Shelly j
Drive.Conduct yield sign warrant analysis
Stevens Creek Elementary School ,
Grant Project Description Funding Schedule
Bahl Street/Ainsworth Drive Conduct crossing guard study Funding Schedule 2
Vista Knoll Boulevard/Bahl Street Install high-visibility cross-walk across Vista Funding Schedule 2
Knoll Blvd.Install ADA-compliant curb ramp.
Install KEEP CLEAR marking in intersection
Ainsworth Dr/Vista Knoll Blvd. Install red curb between curb ramp and Varian Funding Schedule 2
Way.Conduct stop sign warrant analysis on
Vista Knoll Blvd
Improve existing speed bump Funding Schedule 2
Varian Way Ensure vehicle gates in Varian Park parking lot
are closed at all times
Install red curb north of parking
I
i
Regnart Elementary School
Grant Project AL. Description Funding Schedule
Sidewalk widening by 5ft for 400LF.Install Funding Schedule 2 !
General curb and gutter.Remove full size redwood
trees.Repaint drop-off loop
Yorkshire Drive Install concrete paths between sidewalk and Funding Schedule 2
gates
Regnart Road/Bubb Road Install missing sidewalk.Install yield Funding Schedule 2
markings on both sides of crosswalk on Bubb
Road.Install curb and gutter
Widen sidewalk on eastern side of Yorkshire Funding Schedule 2
Yorkshire Drive/Yorkshire Drive by approximately 3 feet.Install curb
Court extension for southern portion of driveway
entrance.Install yellow high-visibility
crosswalk across Yorkshire Drive.Install ADA
Exhibit A—Grant Pro'ects
-compliant curb ramp for high-visibility
crosswalk.Install yield markings on both sides
of crosswalk on Yorkshire Court.Install No
Left Turn sign to discourage left turns into
driveway.
Belknap Drive/Yorkshire Install curb extension on southeastern corner Funding Schedule 2
Drive
Cupertino High School
Grant Project Description Funding Schedule
Reconfigure intersection to tighten radius on Funding Schedule 2
southeast corner to eliminate slip lane.Tighten
radius and install ADA-compliant curb ramps
Stevens Creek Boulevard/Finch on southwestern corner of intersection.Install
Avenue yellow high-visibility crosswalks on east side
and south side of intersection.Long term:Install
protected intersection and bicycle signal with
Lead Bicycle Interval when separated bikeway
is installed along Stevens Creek Boulevard
Finch Avenue/Sorenson Avenue Funding Schedule 2
and Finch Avenue/Craft Drive Install ADA-compliant curb ramps
Southern Parking Lot Install raised pedestrian walkways across Funding Schedule 2
driveways and reconfigure curbs
Study traffic signal timing to add protected left- Funding Schedule 2
Miller Avenue/Calle de Barcelona turn phase onto Calle de Barcelona from Miller
Avenue
Widen sidewalk between Tilson Avenue and Funding Schedule 2
Finch Avenue emergency access gate north of the baseball field
to approximately eight feet
Install KEEP CLEAR marking in intersection. Funding Schedule 2
Calle de Barcelona/Finch Avenue Move crosswalk/stop sign closer to Finch
Avenue.Install curb extensions and ADA-
compliant curb ramps at crosswalk across Finch
Avenue clearing andgrubbing)
Eaton Elementary School j
Grant Project Description Funding Schedule
Pacifica Drive/Whitney Way Install speed limit sign east of Whitney Way Funding Schedule 2
Install sign
Suisun Drive/Farallone Drive Replace school Assembly Sign with stop sign on Funding Schedule 2
Suisun Drive
Exhibit A—Grant Projects
Remove"State Law Yield to Pedestrians in
Crosswalk"sign
Farallone Drive Raised Crosswalk Funding Schedule 2
Farallone Drive Parking Lot Funding Schedule 2
Convert some eastern parking spaces to loading
zone
John Drive/Farallone Drive Install red curb on east side of Farallone Drive Funding Schedule 2
south of parking lot driveway
La Roda Drive/Suisun Drive
Install yield sign on La Roda Drive.Install high- Funding Schedule 2
visibility crosswalk on La Roda Drive
Install ADA-compliant Type F curb ramp Funding Schedule 2
Blaney Avenue/Suisun Drive north of driveway and south of re hydrant
Pivot eastern end of southern crosswalk to
connect to new ram
John F.Kennedy Middle School
Grant Project Description Funding Schedule
Presido Drive and Bubb Road Conduct STOP sign warrant analysis on Bubb Rd Funding Schedule 2
at Presidio Dr.
Shannon Court,Bubb Road, Trim overgrown tree on west side of Bubb Rd. Funding Schedule 2
Hyannisport Drive Install yellow high-visibility cross-walk w/
advance stop
line across Shannon Court
Holly Oak Drive/Bubb Road Install yellow high-visibility crosswalk with Funding Schedule 2 j
advance stop line across Holly Oak Drive.
Eastern School Drop-Off Install Pull Forward signage at driveway Funding Schedule 2
entrance.Repave&widen pathway from
sidewalk to
school entrance to at least eight feet.Trim
landscaping on Bubb Rd at driveway exit.
Pumpkin Drive/Bubb Road Install yellow high-viz xwalks with advance stop Funding Schedule 2
lines
"Funding Schedule 1" shall be as follows:
I
Grantor shall fund Grant Projects being funded pursuant to Funding Schedule 1 as follows:
(a)the first one-third (1/3)of the Not to Exceed Amount shall be funded within sixty(60)days from the date that: (1)
Grantee has obtained all applicable approvals for this Agreement,(2)this Agreement has been mutually executed,and
(3) Grantee certifies to Grantor that the Grant Project for which funds are being requested has been approved by the
City Council;
I
Exhibit A—Grant Projects
(b) the next one-third (1/3) of the Not to Exceed Amount shall be funded within sixty (60) days following
commencement of construction on the applicable Grant Project;and '
(c) the final one-third (1/3) of the Not Exceed Amount shall be funded sixtyfrom the date that:
60( ) days y (1) the
applicable Grant Project has achieved substantial completion, and (2) Grantor has received reasonable back-up
documentation evidencing such completion as well as the total amount spent for the specific Grant Project for which
funding is being sought.
For the final one-third of any Not to Exceed Amount for any Grant Project being funded pursuant to Funding Schedule
1,if Grantee spends less than the total Not to Exceed Amount for such project,Grantor shall fund Grantee the lesser
amount necessary to reimburse Grantee, or the unused funds may be applied to other Grant Projects as mutually
agreed by Grantor and Grantee and documented in writing before any such modifications become binding.
"Funding Schedule 2" shall be as follows:
Grantor shall fund an amount not to exceed One Million Two Hundred Twenty-One Thousand Eight Hundred Sixty- {
Three Dollars($1,221,863) for the School Walk and Safety Grant Projects listed in this Exhibit A(the "SWSGP Not to
Exceed Amount").
Grantor shall fund the SWSGP Not to Exceed Amount as follows:
(a)one half(1/2)of the SWSGP Not to Exceed Amount($610,931)within sixty(60)days from the date that:(1)Grantee
has obtained all applicable approvals for this Agreement,and(2)this Agreement has been mutually executed,and(3)
Grantee certifies to Grantor that a School Walk and Safety Grant Project has been approved by the City Council;and
(b) up to the second one-half(1/2) of the SWSGP Not to Exceed Amount ($610, 932) within sixty (60) days from the
date that: (1)all of the School Walk and Safety Grant Projects listed above have achieved substantial completion,and
(2)Grantor has received reasonable back-up documentation evidencing such completion as well as the total amount
that Grantee actually spent for the School Walk and Safety Grant Projects.
For the second one-half of the SWSGP Not to Exceed Amount, if Grantee spends less than the total SWSGP Not to
Exceed Amount,Grantor may fund Grantee the lesser amount necessary to reimburse Grantee,or the unused funds
may be applied to other Grant Projects at the discretion of the Grantor. In addition, from time to time, Grantor and
Grantee may discuss adjustments to the School Walk and Safety Grant Projects listed in this Exhibit A with any changes
or modifications to be mutually agreed by Grantor and Grantee and documented in writing before any such
modifications become binding.
r
i
i
I