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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND <br /> CONDITIONS CONTAINED HEREIN, the Parties agree as follows: <br /> 1. Section 5 of the Cooperative Agreement, which is currently "Reserved", is hereby <br /> amended to read as follows: <br /> "Section 5.Restroom <br /> 5.1 In addition to the Project and the other rights granted hereunder, the County <br /> hereby grants to the City the right, at the City's sole cost and expense, to construct and place a <br /> public restroom of modular design (the "Restroom") at or near the location indicated in Exhibit <br /> "F"attached hereto and made a part hereof. Construction of the Restroom shall include, without <br /> limitation, the installation of utilities, lighting and related landscaping. The specific location and <br /> orientation of the Restroom are subject to the approval of the County. <br /> 5.2 The general size and design of the Restroom is as set forth in Exhibit "G" <br /> attached hereto and made a part hereof, but the specific size and design are subject to the <br /> approval of the County. <br /> 5.3 It is the intent of the Parties that the Restroom will be moved to a different <br /> location outside of the Courthouse Square area by October 1, 2008. Accordingly, beginning <br /> April 1, 2008, the County shall have the right, at its sole discretion, by giving not less than six <br /> months written notice, to require that the City, at its sole cost and expense, remove the Restroom <br /> from the Courthouse Square area and restore the Restroom site to a condition that is compatible <br /> with the remainder of the Courthouse Square area. County agrees that it will not abuse its <br /> discretion with regard to the removal of the Restroom, and will provide the City a statement of <br /> its reasons if and when it does require such removal. <br /> 5.4 City hereby covenants that so long as the Restroom remains within the <br /> Courthouse Square Area, City will be responsible for its maintenance, repair and cleaning. <br /> County shall have no maintenance, repair, cleaning or any other responsibilities in connection <br /> with the Restroom. <br /> 2. All other terms and conditions of the Cooperative Agreement are, and shall remain, in <br /> full force and effect. <br /> 3. The Parties may execute counterparts of this First Amendment to the Cooperative <br /> Agreement,which counterparts taken together shall be considered one and the same <br /> Amendment. <br /> [Signatures appear on following page] <br /> 3 <br />