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c) Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all <br />operational storm drain inlets and at all non -active slopes, as appropriate. <br />d) Pollution prevention practices shall be implemented. <br />e) Non-stormwater management measures to prevent illicit discharges and control stormwater <br />pollution sources. <br />f) Erosion Control BMPs shall be implemented, as appropriate. <br />g) Wind erosion control BMPs (dust control) shall be implemented, as appropriate. <br />h) Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater <br />from construction activities. <br />i) Fence perimeter with green screen. <br />For specific guidance reference, reference the Construction Runoff Guidance Manual (Orange <br />County Stormwater Program, December 2012) <br />fhttos•//media ocgov cwVgovlpw/watersheds/documents/bmp/constructioiiactivities.asul orthe California <br />Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. <br />5. Damaae. In the event that Licensee damages any portion of the License Area or the <br />improvements or equipment therein; Licensee shall immediately repair the damage at Licensee's sole cost. <br />Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the <br />City for its cost within fifteen (15) days of receipt of written demand from City. <br />6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, <br />representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are <br />collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee <br />Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. <br />7. Fee. As consideration for this Agreement, Licensee shall pay City in the form of <br />construction improvements to the City Owned Parking Lot located at 300 S. Main Street and 301 S <br />Sycamore Sheet. Improvements include, resurfacing of asphalt parking lot, striping, and replacing <br />landscaping as described and detailed in Exhibit B. Licensee shall pay the monthly fee of $5,400, as pro- <br />rated if applicable, for any extension of the Agreement pursuant to Section I unless different terms are <br />otherwise agreed upon. <br />8. 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 />9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry <br />onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or <br />cause to be maintained during the term of this Agreement, insurance coverage as follows: <br />Page 2 of 5 <br />