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4. Damage. In the event that Licensee substantially damages any portion of the License Area
<br />or the improvements therein, Licensee shall immediately repair the damage at Licensee's sole cost.
<br />Alternatively, the City may, at its election and after Licensee fails to make such repairs after five (5) days
<br />written notice to Licensee, repair the damage in which case Licensee shall reimburse the City for its cost
<br />within fifteen (15) days of receipt of written demand from City.
<br />5. Licensee Parties. Licensee and its employees, contractors, vendors and agents entering the
<br />License Area by or through or at the direction of Licensee, are collectively referred to herein as the
<br />"Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee
<br />Parties to comply with the terms of this Agreement.
<br />6. Fee. As consideration for this Agreement, Licensee shall pay the amount of $0.00 per
<br />month for the term ending on;T%431, 2021, and has performed a grind -and -overlay as shown on Exhibit
<br />B, prior to this Agreement and which the City has accepted and approved. For any period beyondzk�1,3112.021
<br />2021, Licensee shall pay the monthly amount of $4,620.00, as pro -rated, due and payable on the first day
<br />of each month.
<br />7. AS -IS Condition. City makes no representation or warranty of any kind as to the condition
<br />of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby
<br />disclaims and waives any and all objections to the physical and other characteristics and conditions of the
<br />License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of
<br />Licensee's own investigation of the condition of the License Area. The license to use the License Area
<br />shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty
<br />expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby
<br />acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use.
<br />Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition
<br />at the time of Licensee's use, and Licensee shall be responsible for determining whether the License Area
<br />is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged
<br />or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no
<br />obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe.
<br />8. Insurance. Licensee shall secure, prior to commencing any activities under this Agreement,
<br />and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows:
<br />a. Commercial General Liability Insurance. Licensee shall maintain commercial general
<br />liability insurance which shall include, but not be limited to, protection against claims arising from bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Licensee Parties' use of the license area, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in the
<br />total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name
<br />the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
<br />primary and not contributory with respect to insurance or self-insurance programs maintained by the City;
<br />and (c) contain standard separation of insureds provisions.
<br />b. Worker's Compensation Insurance as required by California law.
<br />C. Comprehensive Automobile Liability Coverage, including as applicable owned, non -
<br />owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single
<br />limit, written in an occurrence form.
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