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3. PuLposes. The property shall be used exlusively for the purpose of providing an <br /> outdoor seating area for purposes consistent with Permittee's restaurant. More specifically, witEn <br /> or on the property, Permittee shall construct and maintain a barrier, as approved by the City, and <br /> shall comply with all other conditions of Planning Department Case # —q '3q q, <br /> 4. Repairs, Maintenance and Alterations. The property is in an "as is" condition and <br /> Permittee shall assume the risk of any structural deficiencies which may exist at the <br /> commencement of this Agreement. Permittee shall keep the property in a good condition during <br /> the term of this Agreement at Permittee's own expense and upon termination of this Agreement <br /> shall yield up the property to City in good condition and repair (ordinary wear excepted). No <br /> improvements or alterations of the property shall be made without prior written consent of the <br /> City. Prior to the commencement of any substantial repair, improvements, or alterations to the <br /> property, Permittee shall give City at least 30 days written notice. Permittee shall not commit any <br /> waste upon the property, or commit or permit any nuisance or act on the property which may <br /> disturb the quiet enjoyment of any public use of the adjacent sidewalk or other public uses. <br /> 5. Liability. Permittee shall indemnify, hold harmless and defend City, the members <br /> of the City Council, their agents, servants and employees against any and all claims for liability, <br /> for any injury to or death of any person, or damage to any property whatsoever caused by, <br /> created by or in any way connected with the Permittee's use of the property. Permittee shall also <br /> name the City, members of the City Council, their agents, servants and employees as additional <br /> insureds with respect to liability resulting from the use of the property by Permittee and the <br /> conduct of Permittee's activities on the property. Permittee shall deliver to City, upon execution <br /> of this Agreement, a Certificate of Insurance, satisfactory in form to the City Attorney, showing <br /> 2 <br />