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g. Not allow more than seven (7) vehicles belonging to the School or its officials, <br /> officers, employees, agents, volunteers or Students to be parked in the "on <br /> beach" parking lot; <br /> h. Require that all vehicles used for the purpose of delivering or retrieving <br /> participants shall be parked off of the road in the cleared space provided at the <br /> ingress/egress gate; <br /> i. Keep the road and its access clear at all times for City and emergency vehicles; <br /> j. Cause to be repaired any and all damaged property arising out of the conduct of <br /> School's activities on the Premises; <br /> k. Upon termination of this Agreement, restore the area occupied to the condition <br /> that existed prior to the commencement of the activities authorized by this <br /> Agreement, other than as a result of ordinary wear and tear and damage or <br /> destruction from forces beyond the control of the School; <br /> I. Provide all security devices required for the protection of the fixtures and <br /> personal property used in the conduct of the authorized activities of the School <br /> from theft, burglary or vandalism, provided written approval for the installation <br /> thereof is first obtained from the Director of Recreation and Parks; <br /> m. Not display advertising signs on or near the Premises other than signage <br /> displaying the name of the School; <br /> n. Employ an independent lifeguard any time School activities are in or near the <br /> water or any time the School's Students who are minors have reasonable access <br /> to the water; and <br /> o. Permit the Director of Recreation and Parks or other authorized representatives <br /> of the City to enter the Premises at any time. <br /> ALTERATIONS AND IMPROVEMENTS: School accepts the Premises in its present state <br /> and condition and waives any and all demands upon the City for alteration or improvement <br /> thereof. School shall make no alterations or improvements to the Premises without the <br /> written prior approval of the Director of Recreation and Parks. Any alterations,additions,or <br /> betterments to the Premises shall become the property of City upon termination of this <br /> Agreement. <br /> INDEMNITY: School shall defend, indemnify and hold harmless the City and its officials, <br /> officers, employees, agents and volunteers free and harmless from all tort liability, including <br /> liability for claims, suits, actions, expenses or costs of any kind,whether actual, alleged or <br /> threatened, actual attorneys'fees, experts'fees, or court costs incurred by the City,to the <br /> extent arising out of or in any way connected with, in whole or in part,the negligent or other <br /> wrongful or reckless acts, omissions or willful misconduct of the School or any of the <br /> School's officials, officers, employees, agents, volunteers and Students in the use of the <br /> Premises, except for such loss or damage arising from the sole negligence or willful <br /> misconduct of the CITY. This includes but is not limited to claims, suits and liabilities for <br /> bodily injury, death or property damage to any individual or entity, including officials, <br /> officers, employees, agents, volunteers or Students of the School. <br /> 2 <br /> R6876-000111367185v1 <br /> J-4 <br />