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CC Resolution No. 07-037 RESOLUTION NO. 07-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE MARY AVENUE BICYCLE FOOTBRIDGE PROJECT FUNDING AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE SANT A CLARA COUNTY VALLEY TRANSPORT A TION AUTHORITY THAT WILL ALLOW THE FUNDING TO BE USED FOR BOTH THE DESIGN AND THE CONSTRUCTION PHASES OF THE PROJECT WHEREAS, on August 16, 2005, Council authorized the City Manager to execute, and the City Manager did subsequently execute, a funding agreement between the City of Cupertino and VT A to accept and receive Measure B Bicycle Expenditure Program funding in the amount of $5,685,203 for the Mary Avenue Bicycle Footbridge Project; and WHEREAS, the City of Cupertino and the Santa Clara County Valley Transportation Authority wish to amend the agreement to allow the funding to be used for both the design and the construction phases of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to negotiate and execute an amendment to the Mary A venue Bicycle Footbridge Project funding agreement with the Santa Clara Valley Transportation Authority that will allow the funding to be used for both the design and the construction phases of the project. BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is authorized, on behalf of the City of Cupertino, to execute and submit all documents, payment requests, and related actions, as well as to accept and appropriate any additional funds received for the completion of the project. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of March 2007 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Wang, Kwok, Lowenthal, Mahoney, Sandoval None None None ATTEST: APPROVED: City Clerk