19-131 Apple Lease_Amendment #1 dated 7-3-2025AMENDMENT NO. 1 TO GRANT AGREEMENT
Between the City of Cupertino and Apple Inc.
This Amendment No. 1 to the Grant Agreement (“Amendment”) is made and entered into as
of June 17, 2025, by and between the City of Cupertino, a municipal corporation of the State of
California (“Grantee”), and Apple Inc., a California corporation (“Grantor”), and hereby
amends that certain Grant Agreement dated June 18, 2019 (the “Original Agreement”).
RECITALS
WHEREAS, the Original Agreement sets forth the terms and conditions pursuant to which
Grantor agreed to provide funding for various transportation and safety projects within the
City of Cupertino as more fully described in Exhibit A thereto (each, a “Grant Project”); and
WHEREAS, the Grantee and Grantor wish to reallocate certain funds allocated under the
Original Agreement which were applied to the projects originally listed in Exhibit A to the
Original Agreement; and
WHEREAS, the Santa Clara Valley Transportation Authority, in partnership with the Grantee,
have been preparing construction documents and obtaining environmental clearance for the I-
280/Wolfe Road Interchange Project (the “Interchange Project”), a regional transportation
infrastructure improvement expected to benefit the Grantee, the broader community, and the
region as a whole; and
WHEREAS, although not obligated to do so, Grantor has voluntarily agreed to provide
additional funding to aid in the completion of the Interchange Project.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree
as follows:
1. Additional Grant Funds
Grantor shall provide Grantee with additional grant funds in an amount not to exceed Two
Million Six Hundred Thousand Dollars ($2,600,000) (“Additional Funds”) to support the
construction of the Interchange Project. Such funds shall be subject to the terms and conditions
of the Original Agreement, as modified herein.
2. Reallocation of Unused Grant Funds
Certain amounts funded by Grantor under the Original Agreement cannot be used for the
originally designated Grant Projects (“Original Grant Funds”) due to project infeasibility or
other factors. The Original Agreement allows the parties to reallocate the Original Grant Funds
to other mutually agreed-upon projects, including the Interchange Project.
Original Grant Funds in the amount of One Million Four Hundred Thousand Dollars
($1,400,000) are hereby reallocated to the Interchange Project from the following Grant Projects
listed in Exhibit A of the Original Agreement:
• McClellan Road Protected Bikeway – Byrne Avenue to Imperial Avenue: $1,000,000
• Various School Walk & Safety Projects: $400,000
The School Walk & Safety Projects that will remain funded under the Original Agreement are
listed in Exhibit 1 of this Amendment. All other School Walk & Safety Projects have either been
completed or are hereby removed from the scope of the Original Agreement. Grantee shall
retain a portion of the Original Grant Funds in the amount of Five Hundred Eleven Thousand
Eight Hundred Sixty-Three Dollars ($511,863) to complete the School Walk & Safety Projects
listed on Exhibit 1.
3. Interchange Project Funds
The total amount of up to Four Million Dollars ($4,000,000) (Original Grant Funds plus the
Additional Funds) (“Interchange Project Funds”) shall be available to support construction of
the Interchange Project.
4. Contingency for Project Non-Completion
If no contract for the construction of the Interchange Project has been executed by December 31,
2026, or if the Interchange Project is cancelled, the Grantee shall return the Interchange Project
Funds to the Grantor within ninety (90) days of such cancellation or deadline.
5. Meet and Confer Requirement
Before returning the Interchange Project Funds as provided in Section 4, Grantee may make a
written request to Grantor to initiate a meet and confer process (that shall last no longer than
sixty (60) days) to discuss the potential reallocation of the Interchange Project Funds to other
public infrastructure or transportation projects in the City of Cupertino. Grantor may elect to
participate in such meet and confer process in its sole discretion. Any alternative use of the
Interchange Project Funds must be mutually agreed upon in writing by both parties. The City
Manager or their designee may approve any such written agreement to alternative uses of the
Interchange Project Funds on behalf of Grantee.
6. No Obligation to Provide Additional Funds
The parties acknowledge and agree that Grantor has no obligation under the Original
Agreement or this Amendment to provide any funding beyond the amount specified herein.
Grantor is providing the Additional Funds on a voluntary basis for the potential benefit of the
Grantee, the community, and the region.
7. Effect of Amendment
Except as expressly modified by this Amendment, all other terms and conditions of the Original
Agreement shall remain in full force and effect. In the event of a conflict between the terms of
this Amendment and the Original Agreement, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
written above.
GRANTOR:
APPLE INC.
By: ___________________________
Name: Melissa Schild, Senior Director, Places, Global Real Estate and Site Services
APPROVED AS TO FORM:
By: ___________________________
Matthew Currie, Counsel
GRANTEE:
CITY OF CUPERTINO
By: ___________________________
Tina Kapoor, Interim City Manager
APPROVED AS TO FORM:
By: ___________________________
Floy Andrews, Interim City Attorney
ATTEST:
By: ___________________________
Kirsten Squarcia, City Clerk
Matt Currie
Tina Kapoor
07/03/2025
Exhibit 1
Remaining School Walk & Safety Projects
Sedgewick Elementary
1) Widen sidewalk on Tantau Avenue to match existing paint on street.
2) Realign high-visibility crosswalk on Barnhart Avenue to increase visibility (after
sidewalk widening).
Stevens Creek Elementary
1) Vista Knoll Blvd/Bahl St: Install high-visibility crosswalk across Vista Knoll Boulevard
and ADA-compliant curb ramp.
Eaton Elementary
1) Evaluate and consider installation of raised crosswalk.
Lincoln Elementary/Monta Vista High
1) Hyannisport Drive at Fort Baker Drive: Reconstruct intersection to close slip lane onto
Fort Baker Drive.
Garden Gate Elementary
1) Close Sidewalk gaps along west side of Ann Arbor Ave.
Regnart Elementary
1) Install Flashing lights for crosswalk at Bubb Rd/Regnart Rd.
Lawson Middle
1) Mariani Ave/Infinite Loop: Work with Apple to develop multi-use path south of
sidewalk along south side of Mariani, connecting De Anza Boulevard to Merritt Drive. If
funding is available.
2) Mariani Ave/Infinite Loop: Convert transverse crosswalk to yellow high-vis crosswalk.
3) Vista Dr/Forest Ave: Install shared-use path beside Lawson track from Forest Ave to
bike cage.
A - Amendment No 1 (comms 052925)
Final Audit Report 2025-06-25
Created:2025-06-25
By:Melissa Montez (MelissaM@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAICEYpit1Neb_c1wb5Gs00NLcfw3eT2MC
"A - Amendment No 1 (comms 052925)" History
Document created by Melissa Montez (MelissaM@cupertino.org)
2025-06-25 - 6:15:49 PM GMT- IP address: 64.165.34.3
Document emailed to mcurrie@apple.com for signature
2025-06-25 - 6:16:11 PM GMT
Email viewed by mcurrie@apple.com
2025-06-25 - 9:16:08 PM GMT- IP address: 104.28.123.98
Document signing delegated to MELISSA SCHILD (mschild@apple.com) by mcurrie@apple.com
2025-06-25 - 9:19:27 PM GMT- IP address: 144.178.28.129
Document emailed to MELISSA SCHILD (mschild@apple.com) for signature
2025-06-25 - 9:19:29 PM GMT
Signer mcurrie@apple.com entered name at signing as Matt Currie
2025-06-25 - 9:20:51 PM GMT- IP address: 144.178.28.129
Document e-signed by Matt Currie (mcurrie@apple.com)
Signature Date: 2025-06-25 - 9:20:53 PM GMT - Time Source: server- IP address: 144.178.28.129
Agreement completed.
2025-06-25 - 9:20:53 PM GMT
A - Amendment No 1 (comms 052925) - signed
Final Audit Report 2025-07-03
Created:2025-06-25
By:Jindy Gonzalez (jindyg@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAE2vwXzW-89pPm7EqtfeNZAPPyBTDJJ_U
"A - Amendment No 1 (comms 052925) - signed" History
Document created by Jindy Gonzalez (jindyg@cupertino.org)
2025-06-25 - 9:49:20 PM GMT- IP address: 73.241.25.149
Document emailed to MELISSA SCHILD (mschild@apple.com) for signature
2025-06-25 - 9:51:08 PM GMT
Email viewed by MELISSA SCHILD (mschild@apple.com)
2025-06-25 - 10:13:45 PM GMT- IP address: 104.28.123.97
Document e-signed by MELISSA SCHILD (mschild@apple.com)
Signature Date: 2025-06-25 - 10:53:33 PM GMT - Time Source: server- IP address: 17.115.73.161
Document emailed to Floy Andrews (floya@cupertino.gov) for signature
2025-06-25 - 10:53:35 PM GMT
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-06-25 - 10:54:47 PM GMT- IP address: 54.212.183.186
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-06-29 - 8:42:33 AM GMT- IP address: 54.242.71.99
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-06-30 - 3:41:24 AM GMT- IP address: 74.179.68.0
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-07-01 - 8:06:57 AM GMT- IP address: 44.247.235.148
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-07-02 - 8:55:34 AM GMT- IP address: 34.239.45.117
Email viewed by Floy Andrews (floya@cupertino.gov)
2025-07-03 - 11:05:52 AM GMT- IP address: 52.34.127.212
Document e-signed by Floy Andrews (floya@cupertino.gov)
Signature Date: 2025-07-03 - 1:28:17 PM GMT - Time Source: server- IP address: 24.6.67.144
Document emailed to tinak@cupertino.gov for signature
2025-07-03 - 1:28:19 PM GMT
Email viewed by tinak@cupertino.gov
2025-07-03 - 1:28:26 PM GMT- IP address: 54.149.209.150
Signer tinak@cupertino.gov entered name at signing as Tina Kapoor
2025-07-03 - 3:17:17 PM GMT- IP address: 64.165.34.3
Document e-signed by Tina Kapoor (tinak@cupertino.gov)
Signature Date: 2025-07-03 - 3:17:19 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2025-07-03 - 3:17:20 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2025-07-03 - 3:17:28 PM GMT- IP address: 3.94.112.120
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2025-07-03 - 3:19:10 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2025-07-03 - 3:19:10 PM GMT