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B. COUNTY further acknowledges that CITY makes no representations <br /> regarding the suitability of the License Area for COUNTY's intended use. <br /> 5. Use of License Area <br /> A. Authorized Activities on the License Area. COUNTY may enter upon and <br /> use the License Area solely for vehicle parking purposes, including ancillary <br /> landscaping and irrigation, in connection with the County Jail Project <br /> ("Activities"). COUNTY shall not conduct any other activities within the License <br /> Area. <br /> B. Installation of Facilities. Subject to the prior written consent of CITY's <br /> Community Development Director, which shall not be unreasonably withheld, <br /> COUNTY may install certain facilities consisting of asphalt paving, concrete curb <br /> and gutter, drainage, irrigation, fencing, gates, lighting, trees and other <br /> landscaping, all related to and used in connection with parking for the County Jail <br /> Project ("Permitted Facilities"). Except with prior written consent of CITY's <br /> Community Development Director, which shall not be unreasonably withheld, <br /> COUNTY shall not make any alterations, additions, improvements or other <br /> changes (collectively referred to as "Alterations") on or with respect to the <br /> License Area. Upon termination of this Agreement, at CITY's request, COUNTY <br /> shall remove all Alterations. No compensation shall be owed to COUNTY in any <br /> event for any Alterations made by COUNTY to the License Area. <br /> C. Subject to CITY Uses. CITY reserves the right to use the License Area in <br /> common with COUNTY, as long as such use does not materially interfere with <br /> COUNTY's Activities within the License Area. <br /> D. Permits and Approvals. Before beginning any work in the License Area, <br /> COUNTY shall obtain any and all permits, licenses and approvals (collectively, <br /> "Approvals") of all regulatory agencies and other third parties that are required <br /> to commence, complete and maintain the permitted work. Promptly upon receipt <br /> of such Approvals, COUNTY shall deliver copies of them to CITY. COUNTY <br /> recognizes and agrees that no approval by CITY for purposes of COUNTY's work <br /> hereunder shall be deemed to constitute the approval of any federal, state or <br /> local regulatory authority with jurisdiction, and nothing herein shall limit <br /> COUNTY's obligation to obtain all such regulatory Approvals, at COUNTY's sole <br /> cost. <br /> E. Exercise of Due Care. CITY shall use, and shall cause its employees to use, <br /> due care at all time to avoid damage or harm to COUNTY's personal property <br /> � located on the License Area. COUNTY shall use, and shall direct its Agents (as <br /> defined below) to use, due care at all times to avoid any damage or harm to the <br /> License Area or other surrounding property. COUNTY shall not disturb the <br /> surface of the License Area or perform any excavation work without the prior <br /> written approval of CITY, which CITY may withhold in its sole discretion. CITY <br /> shall have the right to condition and/or oversee any permitted excavation work. <br /> ATTY/AGR/2012.156/COUNTY JAIL MAPLE STREET PARKING STRIP LICENSE AGREEMENT <br /> REV:09-24-12 VR <br /> Page 3 of 17 <br />