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third party as a result of District's default in its financing <br />obligations, any use of the School Site shall be subject to the <br />provisions of this Joint Use Agreement. Notwithstanding the foregoing, <br />District's interest in the site shall not revert to City as long as the <br />subject property remains encumbered by financing or refinancing related <br />to the construction of school facilities as proposed under this <br />Agreement. Any refinancing shall be subject to the notice requirement <br />and restriction on extension of the nominal maturity date as set forth <br />in paragraph 4(e), above. <br />7. Use of Site for Park and Community Center. <br />The Sandpiper Joint Use Site may only be used by City for the <br />development and operation of a park and community center, and such <br />ancillary activities as are customarily carried out by City in <br />association with such uses. City may use the site for other purposes <br />only if such alternative use is compatible with the use of the site for <br />school purposes, and prior written consent is obtained from District. <br />S. Installation of Plavaround Areas. Athletic Field <br />Areas, and other Recreational Facilities. <br />City and District contemplate that playground areas, athletic field <br />areas, and other recreational facilities and associated equipment <br />(hereinafter "joint use recreational facilities and equipment") will be <br />constructed and/or installed on the Sandpiper Joint Use Site to jointly <br />serve the school needs of the District and the park and recreation needs <br />of the City. City and District further acknowledge that certain of the <br />joint use recreational facilities and equipment will be of a nature and <br />kind customarily installed and used only by District for school <br />purposes, other joint use recreational facilities and equipment will be <br />0 <br />ATTY/AGR/2017/AMENDMENTS/AMEND NO. 1 TO JOINT USE AGREEMENT - SANDPIPER <br />REV: 03-02-17 JS Page 16 of 42 <br />