1 AMENDM
ENT NO.
1 TO
TO FU
NDING AGREEMENT
BET
WEEN
THE SA
NTA CLARA VALLEY TRANSPORTATION AUTHORITY
AND
THE
CITY OF SUNNYVALE
FOR
THE
PEERY PARK RIDES PILOT PROJECT
LOCAL
MATCH CONTRIBUTION
This A
mendment No
. 1 (“First Am
endment”) to
the FUN
DING AGREEMENT BETWEEN SANTA CLARA VALLEY
TRANSPO
RTATION AUTHORITY AND THE CITY OF SUNNYVALE FOR THE PEERY PARK RIDES PILOT PROJECT LOCAL
MATCH CONTRIBUTION, dated _March
16, 2021_ (the
“AGREEMENT”), is hereby
agr
eed to as fo
llows:
1. Section
3, TE
RM OF AGREEMENT, is hereb
y amended and restat
ed to read as follows:
3. Te
rm. This
Agreement will commence upon March
16, 2021 (“
Effective Date”),and
will re
main in effect through March
15, 2
028 (unles
s earlier terminated pursuant to
the te
rms contained herein).
2. Se
ction 10, Notices,
of the AGREEMENT is hereby amended to modify the City’s contact for notices to read
as foll
ows:
City:
Depar
tment of Public Works
City
of Sunnyvale
45 6 W. Olive
Avenue
Sun
nyvale, CA 94086
Attn: D
ennis Ng, Transportation and Traffic Manager
3. Any
exhibits or attachments referenced in, and/or attached to this First Am endment are incorporated into
the AGRE
EMENT by
this reference.
4. Unless
specifically defined herein, the
capitalized terms used in this First Am
endment have the meanings
as defined in
the AGRE
EMENT.
5. Except
as herein modified, all other provisions of the AGREEM
ENT, in
cluding any exhibits and subsequent
amend
ments thereto, remain in full force and effect. All references to the AGRE EMENT in
this First
Amen
dment refer to the AGREEM
ENT as
amended unless otherwise specifically set forth or otherwise ind
icated by context.
6. In
the event of any conflict between the provisions of this Fir st Am
endment and the provisions of the
AGREEM
ENT, the
provisions of this First Amend
ment will prev
ail. All
of the terms and provisions of the
AGREEM
ENT are h
ereby amended to the extent necessary t
o give effect to the purpose and intent of this
First Amend
ment.
____________
Attachment 1
2 7. If any
provision of the AGREEM
ENT, as a
mended by this First Amendm
ent, is held by a court of competent
jurisdictio
n to be invalid, void or unenforceable, the remaining provisions will con tinue in full force without
being
impaired or invalidated in any way.
8. This First
Amendment may be executed in o
ne or more coun
terparts, each
of which will be deem
ed an
origin
al but
all of which will constitute one and the same instrument. For purposes of this Contract ,
signatur
e by electr
onic medium agreed to
by the Parties will have
the same force
and effect as an origin
al
signatur
e.
Sign
atures of Parties on following page.
Attachment 1
3 IN W
ITNESS WHEREOF, VT
A and City ha
ve executed this First Am
endment as of the last date set forth below.
Sa
nta Clara Valley Ci
ty of Sunnyvale
(C
ity) Tr
ansportation Authority
(V
TA)
Carolyn
M. Gonot Ken
t Steffens
General
Manager/CEO City
Manager
Date Date
App
roved as to
Form: App
roved as to For
m:
____
_______________________________ ____
_________________________________
Victo
r Pappalardo ____
__________________
Depu
ty General Counsel City At
torney
Attachment 1