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grading/leveling work; <br />iii. Install portable restroom facilities and hand wash stations; <br />iv. Install two (2) rumble plates each eight (8) feet wide by ten (10) feet long; <br />V. Maintain all of its stacked containers no more than 15 feet in height and must be <br />kept 15 feet from all perimeter fencing. <br />vi. Allow the County of Orange and City access to the License Area as needed; and <br />vii. Comply with all NPDES requirements. <br />5. Damage. 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 <br />sole cost. Alternatively, the City may, at its election and after reasonable written notice to Licensee, <br />repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) <br />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 <br />Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be <br />responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terns <br />of this Agreement. <br />7. Fee. As consideration for this Agreement, Licensee shall pay City a monthly rate <br />of $13,750, including any extensions of the Agreement pursuant to Section 1. License fees for any <br />partial month shall be pro -rated. <br />8. AS -IS Condition. City makes no representation or warranty of any kind as to the <br />condition of the License Area or any other matter relating to Licensee's use of the License Area. <br />Licensee hereby disclaims and waives any and all objections to the physical and other <br />characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use <br />of the License Area will be on the basis of Licensee's own investigation of the condition of the <br />License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL <br />FAULTS" basis, without representation or warranty expressed or implied by City, or by operation <br />of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied <br />warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area <br />shall be subject to the License Area being in a usable and safe condition at the time of Licensee's <br />use and Licensee shall be responsible for determining whether the License Area is in such <br />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 <br />no obligation or duty to repair the damage or rectify the condition to make the License Area usable <br />or safe. <br />9. Insurance. Licensee shall secure or cause its agents or contractors performing any <br />entry onto the License Area to secure, prior to commencing any activities undP" th;< a arPPn,Pnr <br />and maintain or cause to be maintained during the term of this Agreement, ins <br />follows: <br />a. Commercial General Liability Insurance. Licensee shall ma <br />general liability insurance which shall include, but not be limited to, protec <br />Page 3 of 6 <br />v <br />IiEVIEWm& APPROV®BY. <br />Ruk Management SpedAist <br />