16-181 Amendment #3 06-25-20211
THIRD AMENDMENT TO
FUNDING AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE I-280/WOLFE ROAD INTERCHANGE IMPROVEMENTS PROJECT
This FUNDING AGREEMENT AMENDMENT No. 3 Third Amendment
dated __________, 2021, 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 and Second Amendments and this
Third Amendment, the terms and conditions of the original Funding Agreement
between the Parties, dated January 25, 2016, shall remain in full force and effect.
I. RECITALS
A. WHEREAS, on January 25, 2016, Parties entered into an FUNDING
AGREEMENT
the I-PROJECT ). Under the
original FUNDING AGREEMENT, to the Project was one
million two hundred thousand dollars ($1,200,000) for the development and
completed on June 9, 2017.
B. WHEREAS, on May 3, 2017, Parties entered into a FUNDING AGREEMENT
AMEND First Amendment to add five hundred thousand dollars
($500,000) to ncreasing the CITY's contribution from $1,200,000
to $1,700,000 to continue project development into the Project
Approval/Environmental Document ("PAED") phase.
C. WHEREAS, on March 7, 2018, Parties entered into a FUNDING AGREEMENT
) to add two hundred sixty thousand
contribution from
$1,700,000 to $1,960,000 to continue project development for the PAED phase.
D. WHEREAS, the FUNDING AGREEMENT was December 31, 2020,
which expiration was extended by six months to June 30, 2021, without formal
amendment, by the Parties pursuant to the terms of the FUNDING AGREEMENT.
E. WHEREAS, the PROJECT is not yet complete, and the Parties wish to extend the term
of the FUNDING AGREEEMENT to allow for completion of the final design Plans,
PS&E ) phase of the PROJECT.
NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as
June 15,
2
follows:
II. AMENDED AGREEMENT
1. SECTION II, PARAGRAPH 7 Term of Agreement of the FUNDING AGREEMENT, is
hereby amended to extend the FUNDING and shall be restated
as follows:
shall remain in effect through December 31, 2022. The CITY's Director of Public
Works or his designee and VTA's General Manager or her designee, each in his or
her sole discretion, are authorized to extend the term of the Agreement for up to six
(6) months after the termination date, without formal amendment of this Agreement.
Any further extension of the term must be approved by the City Council
2. SECTION II, PARAGRAPH 14 Notice of the FUNDING AGREEMENT, is hereby
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: Santa Clara Valley Transportation Authority
Chief Engineering and Program Delivery Officer
3331 North First Street, Bldg. A
San Jose, CA 95134-1906
To CITY: City of Cupertino
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.
[signatures continue on next page]
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WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth.
City of Cupertino
a municipal corporation
By:
Deborah Feng
City Manager
Date: ___________________________
Santa Clara Valley Transportation Authority
a public agency
By:
Evelynn Tran
General Counsel and Interim General
Manager/CEO
Date: ___________________________
APPROVED AS TO FORM:
By:
Heather M. Minner
City Attorney
APPROVED AS TO FORM:
By:
Victor Pappalardo
Deputy General Counsel
Heather M. Minner
Jun 25, 2021
I-280_Wolfe_Cupertino_VTA_Agreement_Amd_
003_VTA_Signed_2021-06-24 (002)
Final Audit Report 2021-06-25
Created:2021-06-24
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAddpWrKykVVpPL5_w38LfYNQlyJpZLSMI
"I-280_Wolfe_Cupertino_VTA_Agreement_Amd_003_VTA_Signe
d_2021-06-24 (002)" History
Document created by Julia Kinst (juliak@cupertino.org)
2021-06-24 - 6:39:17 PM GMT- IP address: 64.178.242.15
Document emailed to Heather M. Minner (minner@smwlaw.com) for signature
2021-06-24 - 6:42:45 PM GMT
Document shared with Araceli Alejandre (aracelia@cupertino.org)
2021-06-24 - 6:49:35 PM GMT- IP address: 64.178.242.15
Email viewed by Heather M. Minner (minner@smwlaw.com)
2021-06-25 - 5:11:32 PM GMT- IP address: 45.41.142.68
Document e-signed by Heather M. Minner (minner@smwlaw.com)
Signature Date: 2021-06-25 - 5:12:02 PM GMT - Time Source: server- IP address: 52.39.49.65
Document emailed to Deb Feng (debf@cupertino.org) for signature
2021-06-25 - 5:12:04 PM GMT
Email viewed by Deb Feng (debf@cupertino.org)
2021-06-25 - 5:14:45 PM GMT- IP address: 174.194.192.35
Document e-signed by Deb Feng (debf@cupertino.org)
Signature Date: 2021-06-25 - 6:15:15 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2021-06-25 - 6:15:15 PM GMT