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