Agmt12 County of San Mateo-License Agreement 1420 Maple St

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shall be owed to COUNTY in any event for any Alterations made by COUNTY to the License Area. C. Subiect to CITY Uses. CITY reserves the righf to use the License Area in common with COUN7Y, as long as such use does not materially interfere with COUNTY's licensed Activities within the License Area. D. Permits and Aoorovals. Before beginning any work in the License Area, COUNTY shall obtain any and all permits, licenses and approvals (collectively, "Approvals") of all regulatory agencies and other third parties that are required to commence, complete and maintain the permitted work. Promptly upon receipt of such Approvals, COUNTY shall deliver copies of them to CITY. COUNTY recognizes and agrees that no approval by CITY for purposes of COUNTY's work hereunder shall be deemed to constitute the approval of any federal, state or local regulatory authority with jurisdiction, and nothing herein shall limit COUNTY's obligation to obtain all such regulatory Approvals, at COUNTY's sole cost. E. Exercise of Due Care. CITY shall use, and shall cause its employees to use, due care at all time to avoid damage or harm to COUNTY's personal property located on the License Area. COUNTY shall use, and shall direct its Agents (as defined below) to use, due care at all times to avoid any damage or harm to the City Property or other surrounding property and to native vegetation and natural attributes of the License Area and to minimize bay shoreline erosion. Other than the laying of foundations for job site trailers, COUNTY shall not disturb the surface of the License Area or perform any excavation work without the prior written approval of CITY, which CIN may withhold in its sole discretion. CITY shall have the right to condition and/or oversee any permitted excavation work. F. ResponsibiliN for Maintenance of Facilities. COUNTY shall be solely responsible for repairing and maintaining all facilities placed in or on the License Area pursuant hereto in good and safe condition, and CITY shall have no duty whatsoever for any repair or maintenance of the License Area. G. Revocabilitv. COUNTY acknowledges and agrees that the installation of the facilities permitted hereunder, regardless of cost, shall not in any way whatsoever limit CITY's right to revoke this License pursuant to the terms hereof or any of CITI^s other rights hereunder. 6. Restrictions on Use. COUNTY agrees that, by way of example only and without limitation, the following uses of the License Area by COUNTY, or any other person claiming by or through COUNTY, are inconsistent with the limited purpose of this License and are strictly prohibited as provided below: A. Imorovements. Except as othervvise expressly provided in this Agreement, COUNTY shall not construct or place any temporary or permanent structures or improvements in, on, under or about the License Area unless COUNTY first obtains CITY's prior written consent, which CITY may give or withhold in its sole and absolute discretion. For purposes hereof, asphalt, concrete and cementitious concrete driveways, sidewalks and parking areas, shall be deemed "improvements". ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE'AGREEMENT REV:03-12-12 VR Page 4 of 17