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2006/05/09 City Council Resolution (10)RESOLUTION NO. 2006 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING RESOLUTION NO. 2004-28 AND APPROVING AMENDMENT NO. I TO THE COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) FOR ROHNERT PARK EXPRESSWAY INTERCHANGE AND PARK - AND -RIDE LOT PROJECT #2003 -29 WHEREAS, the City entered into a Cooperative Agreement dated April 22, 2003 defining the terms and conditions of a project to construct a park - and -ride lot and southbound loop on -ramp improvements at Rohnert Park Expressway; and WHEREAS, in early 2004, due to the State's budget constraints and their need to reduce contingency funding, Caltrans requested City's approval of Amendment No. 1 to the agreement; and WHEREAS, on February 10, 2004, Council adopted Resolution No. 2004 -28 approving Amendment No. 1 to the agreement; and WHEREAS, in letter dated June 2, 2004, Caltrans informed the City that the amendment would not be needed; and WHEREAS, Caltrans has now determined that the project will not be constructed prior to the termination date of said agreement and is requesting City's approval of Amendment to Agreement extending termination date to March 31, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that Resolution No. 2004 -28 is hereby rescinded. BE IT FURTHER RESOLVED that Amendment No. l to the Cooperative Agreement for the Rohnert Park Expressway Interchange Improvements and Park - and -Ride Lot Project is approved by the City Council of the City of Rohnert Park and the City Manager is. authorized to execute this amendment in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 9th day of May, 2006. CITY OF ROHNERT - CERTIFIED - Tim Smith BREEZE: AVE FLORES: AVE MACKENZIE: AVE vIDAK- MARTINEZ: AYE SMITH: AVE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) 04- Son -1 U 1 -KP 22.0/22.7 Rohnert Park I/C Improvement 4227 - 130211 District Agreement No. 4- 1900 -A1 Document No. 015500 AMENDMENT NO. 1 TO AGREEMENT TH AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON 2006, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF ROHNERT PARK, a body politic and a municipal corporation of the State of California, referred to herein as "CITY," and the SONOMA COUNTY TRANSPORTATION AUTHORITY, a public corporation, referred to herein as "AUTHORITY." 175L�7(11�. \� The parties hereto entered into an Agreement (District Agreement No. 4- 1900 -C, Document No. 015500) on April 22, 2003, said Agreement defining the terms and conditions of a project to construct a park and ride lot and southbound loop on ramp on Route 101 at Rohnert Park Expressway in the City of Rohnert Park referred to herein as "PROJECT." 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section IV, Article 32 of the original Agreement shall now be March 31, 2007, instead of March 31, 2006. 2. The other terms and conditions of said Agreement (Document No. 015500) shall remain in full force and effect. District Agreement No. 4- 1900 -A1 3. This Amendment No. 1 to Agreement is hereby deemed to be a part of Document No. 015500. STATE OF CALIFORNIA Department of Transportation WILL KEMPTON Director By: Deputy District Director Approved as to form and procedure: Attorney Department of Transportation Certified as to budgeting of funds: District Budget Manager Certified as to financial terms and policies: Accounting Admini ator 2 CITY OF ROHNERT PARK By: City Manager Attest: Deputy City Clerk Approved as to form: AIAW SI %ity-iTorney � District Agreement No. 4- 1900 -A1 SONOMA COUNTY TRANSPORTATION AUTHORITY By: Chairperson Clerk of Sonoma County Transportation Authority