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decide whether a design element relates to the functionality or operability of the County jail <br /> facility. <br /> "Participate", as used in Section 3.B below, means not only being invited to a meeting, but atso <br /> being permitted to speak and be involved in the discussions at meetings to the same extent as <br /> all other meeting participants. This term specifically does not grant CITY the right to approve or <br /> disapprove of any County Jail design elements contemplated by COUNTY. <br /> AGREEMENT <br /> 1. Use. For good and valuable consideration, receipt of which is hereby acknowledged, <br /> starting on March 1, 2012 (the "Commencement Date"), CITY confers to COUNTY a <br /> revocable, perso�al, non-exclusive and non-possessory privilege to enter upon and use a <br /> portion of the City Property, as identified on the Site Plan attached hereto as Exhibit "B" and <br /> incorporated herein by reference ("License Area"), for the limited purpose and subject to the <br /> terms, conditions and restrictions set forth below. This Agreement gives COUNTY a license only <br /> and notwithstanding anything to the contrary herein, this License does not constitute a grant by <br /> CITY of any ownership, leasehold, easement or other property interest or estate whatsoever in <br /> the License Area, or any portion thereof. Nothing in this Agreement shall be construed as <br /> granting or creating any franchise rights pursuant to any federal, state or local laws. <br /> THE PRIVILEGE GIVEN TO COUNTY UNDER THIS USE AGREEMENT IS EFFECTIVE ONLY <br /> INSOFAR AS THE RIGHTS OF CITY IN THE CITY PROPERTY ARE CONCERNED, AND <br /> COUNTY SHALL OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY <br /> OTHER EXISTING RIGHTS AFFECTING THE CITY PROPERTY. WITHOUT LIMITING THE <br /> FOREGOING, THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING <br /> DOCUMENTS AND INSTRUMENTS OF RECORD AFFECTING THE CITY PROPERTY. <br /> COUNTY MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND <br /> CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING WORK <br /> OR ACTIVITIES IN THE LICENSE AREA, INCLUDING ANY APPROVALS, PERMITS, <br /> CONSENTS OR lVOTICES REQUIRED FROM OR TO CITY OR ANY OTHER AGENCY. <br /> COUNTY COVENANTS AND AGREES, FOR THE BENEFIT OF CITY, THAT COUNTY SHALL <br /> FULLY COMPLY WITH THE TERMS AND CONDITIONS OF ANY RULES AND <br /> REGULATIONS PROMULGATED BY CITY AS THEY APPLY TO ANY WORK OR ACTIVITIES <br /> TO BE PERFORMED OR FACILITIES TO BE INSTALLED BY COUNTY ON THE PROPERTY <br /> PURSUANT TO THIS AGREEMENT, AND CITY SHALL HAVE NO RESPONSIBILITY OR <br /> LIABILITY OF ANY KIND WITH RESPECT THERETO. COUNTY ACKIVOWLEDGES AND <br /> AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE MADE, AND CITY <br /> HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR <br /> IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE LICENSE <br /> AREA FOR COUNTY'S INTENDED WORK, ACTIVITIES OR FACILITIES. <br /> 2. Aaoroval of Plans and Soecifications. COUNTY shall install the Permitted Facilities <br /> (defined in Section 5.6 below) in the License Area in accordance with plans and specifications <br /> (including drawings) approved in advance and in writing by CITY through the Use Permit <br /> process. The plans and specifications may be revised or amended only with prior written <br /> approval of CITY <br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT <br /> REV:03-12-12 VR <br /> . Page 2 of 17 <br />