09-144 Cooperative Agreement No. 4-2007, Mary Ave Pedestrian Overcrossing, Amendment No. 204-SCL-280-IMP 16.5 (PM 10.3)
Mary Avenue Pedestrian Overcrossing
04-230- 1A51 O 1
District Agreement No. 4-2007-A2
Document No. 016235
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGP:EEMENT, ENTERED INTO EFFECTIVE ON
2009, is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE,° and the
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of
California, referred to herein as "CITY."
RECITALS
l . The parties hereto entered into a~i Agreem~e 4t (Document No. 016235, District
Agreement No. 4-2007) on December 23, 2005, said Agreement defining the terms and
conditions of highway improvements consisting of construction of Mary Avenue
Pedestrian Overcrossing (Bicycle Brid€;e) on Route 280 at 0.46 km east of Route 85 and
280 Separation within the jurisdiction of the City of Cupei-titio, referred to herein as
"PROJECT." The Agreement was set to terminate on June 30, 2006.
2. The parties hereto entered into Amendment No. 1 to Agreement (Document No.
016235, District Agreement No. 4-20G7) on June 29, 2006, said Amendment extending
the Agreement until December 31, 2009, as it was determined that PROJECT would
not be completed by the original termination date.
3. Under the terms of the Agreement, CITY was to acquire and furnish all right of way
outside of the existing State highway right of way and to perform all right of way
activities in accordance with all applicable State and Federal laws and regulations, said
activities being subject to STATE's quality assurance to insure that the completed work
is acceptable for incorporation into the State highway right of way.
4. It has been determined that CITY will not be able to complete said right of way
activities before December 31, 2009. The parties hereto now desire to enter into
Amendment No. 2 to Agreement (Document No. 016235, District Agreement No. 4-
2007) for extending the Agreement by one year to allow sufficient time for CITY to
complete the right of way activities. [n addition, the indemnity articles of the original
Agreement will be revised under t]zis Amendment to reflect the latest approved
versions.
IT IS THEREFORE MUTUALLY AGREED:
The termination date specified in Article 18, Section III of the original Agreement, It Is
Mutually Agreed, shall now be December 31, 2010, instead of December 31, 2009.
Draft District Agreement No. 4-2007-A2
2. Article 15, Section III of the original Agreement, It Is Mutually Agreed, is hereby
replaced in its entirety to read as follow::
I5_ Neither STATE nor any offucer or employee thereof is responsible for any
irzjury, damage, or Liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work,
authority, or jurisdiction conferred upon CITY under this agreement It is
understood and agreed that, CITY wiLL_fuLLy defend, indemnfy, and save
hcu-ncLess STATE and aZi of its officers and employees from all claims,
suits, or actions of every name, kind and description brought forth under,
including, but not Limited to, b~rtious, contractual, inverse condemnation,
or other theories or assertions of Liability occurring by reason of anything
done or omitted to be done by CITY under this Agreement.
3. Article 16, Section III of the original Agreement, It Is Mutually Agreed, is hereby
replaced in its entirety to read as follows:
16. Neither CITY nor any officer or employee thereof is responsible for any
injury, damage, or Liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work,
authority, orjurisdiction conferred upon STATE under this agreement. It is
understood and agreed that, STATE will Dully defend, indemnify, and
save harmless CITY and all 0~` its officers and employees from a1Z claims.
suits, or actions of every name, kind and description brought forth under,
including, but not Limited to, tartious, contractL.~a.L, inverse condemnation,
or other theories or assertions of Liability occurring by reason of anything
done or omitted to be done by STATE under this Agreement
4. The other terms and conditions of said Agreement shall remain in full force and effect.
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