SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF SUNNYVALE AND FREMONT UNION HIGH SCHOOL DISTRICT FOR THE DEVELOPMENT AND OPERATION OF A 50METER SWIMMING POOL AND RELATED FACILITIES AT FREMONT HIGH SCHOOL

          THIS SECOND AMENDMENT, dated _________________, 2003 is by and between CITY OF SUNNYVALE, a municipal corporation of the State of California, herein called "CITY" and FREMONT UNION HIGH SCHOOL DISTRICT OF SANTA CLARA COUNTY, herein called "District" and amends the Agreement between the parties dated July 18, 2000.

          WHEREAS, pursuant to the July 18, 2000 Agreement between CITY and DISTRICT a 50 meter pool opened for operation on June 26, 2002; and

          WHEREAS, it has been determined some refinement is needed to the provisions in that Agreement pertaining to parking and enforcement thereof, and Section 18 of the Agreement provides for amendment by written instrument;

          NOW, THEREFORE, the parties agree as follows:

Section 7 of the Agreement is amended to read:

SECTION 7.  PARKING ON CAMPUS

          (a)  DISTRICT shall reserve thirty-five (35) parking spaces at the Campus for exclusive use of community users between 5:00 a.m. and 5:00 p.m. on school days only.  The parking spaces shall be signed "Reserved for Pool Use" or similar language. CITY shall enact an appropriate ordinance making it unlawful for any person to park in violation of said restriction.  DISTRICT hereby authorizes CITY to enforce such ordinance on DISTRICT property.  DISTRICT recognizes that Public Safety Officers may enter into the parking lot for the purposes of such enforcement.

          (b)  When school is not in session, the general public may use other spaces at the Campus for parking on a first-come-first-serve basis.

          As modified above, all terms and conditions of the July 18, 2000 Agreement remain in full force and effect.

          IN WITNESS WHEREOF, CITY and DISTRICT have executed this Amendment.

ATTEST:	CITY OF SUNNYVALE ("CITY")
City Clerk	City Manager
	FREMONT UNION HIGH SCHOOL DISTRICT ("DISTRICT")
	Superintendent
APPROVED AS TO FORM:
City Attorney