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4. Maintenance. a. Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: i. Waste management and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stormwater by construction wastes and materials. ii. Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and maintained. iii. Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. iv. Pollution prevention practices shall be implemented. v. Non-stormwater management measures to prevent illicit discharges and control stormwater pollution sources. vi. Erosion Control BMPs shall be implemented, as appropriate. vii. Wind erosion control BMPs (dust control) shall be implemented, as appropriate. Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. b. Licensee's, at its sole cost and expense, shall: i. Install and maintain a chain link fence with green screen around the entire perimeter of the License Area; and ii. Maintain the License Area site clear of weeds, trash and debris. For specific guidance reference, reference the Construction Runoff Guidance Manual (Orange County Stormwater Program, December 2012) [https://media.ocgov.com/gov/nw/watersheds/documents/bmp/constructionactivities.mp] or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. 5. Damage. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 7. Fee. As consideration for this Agreement, Licensee shall pay City a monthly license fee of $4,300 beginning December 1, 2021. Licensee shall continue to pay the monthly fee of $4300 for any extension of the Agreement pursuant to Section 1. 8. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty Page 2 of 5