16-181 SCVTA Amendment #5 dated 6-23-2025 I280-Wolfe Rd Interchange AgreementDocusign Envelope ID: 700645AE-B4D2-43A6-B185-5F70AD7DF8AC
FIFTH AMENDMENT TO FUNDING AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE 1-280/WOLFE ROAD INTERCHANGE IMPROVEMENTS PROJECT
THIS AMENDMENT ("Fifth Amendment") dated June 23, 2025, 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."
I. RECITALS
A.On January 25, 2016, the Parties entered into an agreement entitled "FUNDING
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY FOR THE I-280/WOLFE ROAD INTERCHANGE
IMPROVEMENTS PROJECT," which agreement was amended on May 26, 2017,
March 7, 2018, and June 25, 2021, and continued and amended on October 9, 2023
to, among other things, increase the CITY's financial contribution to $2,760,000 and
extend the term of the agreement through December 31, 2024 (and which amended
agreement is herein referred to as the "Funding Agreement");
B.On January 13, 2025, pursuant to SECTION II, PARAGRAPH 7 "Term of Agreement"
of the Funding Agreement, CITY approved a 6-month extension of the Funding
Agreement to June 30, 2025.
C.WHEREAS, the I-280/Wolfe Road Interchange Improvements Project ("PROJECT")
is not yet complete, and the Parties wish to extend their obligations under the Funding
Agreement to allow for completion of the Construction phase of the PROJECT; and
D.WHEREAS, the Parties additionally wish to increase the CITY's contribution from
$2,760,000 to $6,760,000.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Continuation Agreement, the Parties agree as follows:
II.AGREEMENT
1.The Parties' mutual obligations under the Funding Agreement remain in full force and
effect, except as restated herein.
2.The term of the Funding Agreement is continued through December 31, 2029.
SECTION II, PARAGRAPH 7 "Term of Agreement" of the Funding Agreement, is
therefore restated as follows:
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Cupertino - 280-Wolfe -Fifth Amendment to Funding Agreement (5.31.25)_Final