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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] 3 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