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2.2 The City agrees that it will invest approximately Nine Million Dollars <br /> ($9,000,000) in implementing the Project, including removal of the South Annex, reconstruction <br /> of the historic Courthouse façade and construction of Courthouse Square. It is recognized by the <br /> Parties that the exact amount to be expended by the City cannot be known until final designs <br /> have been approved and bids have been received. In the event that the final cost of the Project is <br /> determined to exceed the foregoing amount, the City will make good faith efforts to locate <br /> additional funding. If it cannot do so on terms acceptable to it, the City will be excused from <br /> further performance of this Cooperative Agreement without liability or penalty. The County <br /> acknowledges that the City, either on its own or through its redevelopment agency or public <br /> facilities financing authority, has issued or may issue obligations the interest on which is <br /> excluded from gross income for federal income tax purposes (the "Bonds") to finance all or a <br /> part of the Project. The County agrees that it will not sell its fee interest in all or portions of the <br /> Courthouse Block to a non-governmental entity without coordinating with the City to minimize <br /> or eliminate any adverse impact on the tax-exempt status of the interest on the Bonds. <br /> 2.3 The County hereby grants and conveys to the City an exclusive easement (the <br /> "Easement") to construct the Project, and to operate, maintain and use a public plaza, together <br /> with any and all appurtenances connected therewith and rights incidental thereto, on, over and <br /> across the area shown in Exhibit "D" and more specifically described in Exhibit "E" (the <br /> `Basement Area"), subject only to the terms of this Cooperative Agreement. <br /> 2.3.1 The Easement Area shall be preserved by the City as an open plaza <br /> available for public use and community gathering for all of the residents of the County. <br /> The County, subject to the provisions of Section 2.2, agrees to maintain the Courthouse, a <br /> necessary element for the success of the Courthouse Square, as a facility for public access <br /> and use that facilitates the use of the Courthouse Square as a unique public space. <br /> 2.3.2 The City shall be entitled to enter upon the Easement Area at all times <br /> during the Term of this Cooperative Agreement for the purposes of operating, <br /> maintaining and repairing the Easement Area, including, without limitation, all public <br /> improvements, utilities and landscaping located thereon. <br /> 2.3.3 The Easement includes such appurtenant rights as are necessary to make <br /> the Easement effective for the purposes described herein. <br /> 2.3.4 The Easement shall be in effect for the full Term of this Agreement, <br /> including extensions, and may not be revoked during that period except in the case of a <br /> default by the City under the terms of this Cooperative Agreement or as otherwise <br /> specifically set forth herein. <br /> 2.3.5 The County hereby reserves unto itself, its administrators, representatives, <br /> successors and/or assigns, the right to enter upon and use the Easement Area for the <br /> purposes of access to the portion of the Courthouse Block that is not within the Easement <br /> Area (the "Northern Portion") and for operation, maintenance, construction in, on or <br /> about the Northern Portion, and any and all appurtenances connected therewith and rights <br /> incidental thereto. In exercising its reserved rights as provided in this section, the County <br /> REDW\0007\DOC\001-13 FINAL <br /> Atty/Agr/2005.006 <br /> 042605 <br /> 4 <br />