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<br />NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND <br />CONDITIONS CONTAINED HEREIN, the Parties agree as follows: <br /> <br />1. Section 5 of the Cooperative Agreement, which IS currently "Reserved", IS hereby <br />amended to read as follows: <br /> <br />"Section 5. Restroom <br /> <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 /> <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 /> <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 I, 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 mId 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 /> <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 /> <br />2. All other terms and conditions of the Cooperative Agreement are, and shall remain, in <br />full force and effect. <br /> <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 /> <br />[Signatures appear on following page] <br /> <br />3 <br />