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Exhibit CC 03-01-2011 Item No. 19 Amendment to Agreement, CUSD and FUHSD, Traffic Pilot Program C ( 31( (1 I FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CUPERTINO UNION SCHOOL DISTRICT AND FREMONT UNION HIGH SCHOOL DISTRICT ON TRAFFIC PILOT PROGRAM This Agreement, dated by and between the City of Cupertino ( "City ") and the Cupertino Union School District ( "CUSD ") and the Fremont Union High School District ( "FUHSD ") (collectively the "Parties ") is an amendment to the agreement concerning the traffic congestion and safety in the area near Monta Vista High School, Lincoln Elementary School, and Kennedy Middle School entered into on September 20, 2010. The Parties now wish to enter into this First Amendment, dated , 2011; and Recitals The following recitals are a substantive portion of this Agreement. Whereas, the Parties wish to continue the term of the Agreement for a period not to exceed 5 years from the date of City Council approval. The funding under this Agreement is subject to the Parties' approval of a subsequent year's budgetary allocation. The following terms in the Agreement are hereby amended: 1. The term of this Agreement shall be 5 years from the date of approval by the City Council of the City of Cupertino. 2. The City hereby approves the expenditure of not to exceed $12,500.00. Subsequent year's allocations will be subject to City Council approval within the budget. 3. FUHSD hereby approves the expenditure of not to exceed $12,500.00. Subsequent year's allocations will be subject to FUHSD Board approval within the budget. 4. The parties agree that this Agreement will continue until either party notifies the other party with at least sixty (60) days' notice of their intent to discontinue this Agreement. In all other respects, the original Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CITY OF CUPERTINO APPROVED AS TO FORM: A Municipal Corporation By By Title City Attorney Date CUPERTINO UNION HIGH SCHOOL DISTRICT: By Title Date FREMONT UNION HIGH SCHOOL DISTR[CT: By Title Date 2