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05-0719_CAPISTRANO UNIFIED SCHOOL DISTRICT_Jt Fac Use Agr Amd No. 1AMENDMENT NO. 1 TO THE JOINT FACILITIES USE AGREEMENT BETWEEN CAPISTRANO UNIFIED SCHOOL DISTRICT AND CITY OF SAN JUAN CAPISTRANO This Amendment No. 1 to the Joint Facilities Use Agreem nt ("Agreement') is made and entered into to be effective on the �`& day of , 2005, by and between the City of San Juan Capistrano ("CITY") and the Capistrarto Unified School District ("DISTRICT'). WHEREAS, the CITY and DISTRICT entered into the Joint Facilities Use Agreement on January 3, 2001 to provide for improvement, maintenance and use of the sports fields at Marco Forster Middle School ("MFMS"), and WHEREAS, the purpose of the Agreement is for the CITY and CUSD to work together to provide for outdoor athletic facilities at MFMS, to improve the sports fields, to provide for the maintenance of the sports fields, to provide for the public use, including use by community organizations, of the sports fields, and to coordinate and schedule those uses along with the uses by the CITY and CUSD, and WHEREAS, CITY and DISTRICT agree to Amendment No. 1, NOW, THEREFORE, BE IT MUTUALLY RESOLVED between the CITY and DISTRICT as follows: Section 1. Amendment. Paragraph 7, Term, is hereby amended to read as follows: "The term of this Agreement shall be for twenty-five (25) years, commencing on the effective date of Amendment No. 1. Upon written agreement of both parties, this Agreement may be extended for an additional ten (10) year term." Section 2. Entire Agreement. All of the other terms and conditions of the original Joint Facilities Use Agreement dated January 3, 2001, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year first above written. ATTEST: Ma gar R Monah City Merk APPROVED AS TO FORM: John R. Shaw, Cit ttorney CITY OF SAN JUAN CAPISTRANO By: JWtt Hart, May r CAPISTRANO UNIFIED SCHOOL DISTRICT Page 2 of 2 i