Agmt19 Carlsen Subaru and Carlsen Porsche Dealerships

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LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF LICENSE AREAS 2 AND 3 FOR LICENSEE'S INTENDED ACTIVITIES. 2. License Fee. As consideration for the grant of the license, LICENSEE shall pay CITY a license fee in the amount of Two Thousand Dollars ($2000.00) per month ("License Fee"). Each monthly installment of the License Fee shall be payable in advance, on or before the first day of each month commencing on the Commencement Date. The License Fee shall be payable to CITY at the address set forth in Section 19 below or at such other address as CITY may from time to time designate in writing. The License Fee for any partial month shall be prorated by dividing the monthly License Fee by thirty (30) and multiplying the quotient by the number of days LICENSEE has the privilege to use License Areas 2 and 3 during the partial month. 3. Term of License. A. Term. The privilege conferred to LICENSEE pursuant to this Agreement shall be for a "Term" commencing on the Commencement Date and expiring one year from the Commencement Date ("Expiration Date"). Prior to the expiration of the Agreement, the City Manager may, at his/her sole discretion, extend the term for up to an additional six months. B. City and Licensee Right to Revoke. Subject to the foregoing, CITY and Licensee may at its sole option freely revoke this license and terminate this Agreement at any time without cause or liability, and without any obligation to pay any consideration to LICENSEE or return to LICENSEE any part of the License Fee. Upon any expiration, revocation or termination, LICENSEE shall immediately surrender License Areas 2 and 3 in the condition required under this Agreement. 4. Use of License Areas 2 and 3. A. Authorized Activities on License Areas 2 and 3. LICENSEE may enter upon and use License Areas 2 and 3 solely for vehicle storage purposes for its dealership ("Activities"). LICENSEE shall not conduct any vehicle maintenance or other activities on the City Property. B. Alterations. Except with CITY's prior written consent, which CITY may withhold in its sole and absolute discretion, LICENSEE shall not make any alterations, additions, improvements or other changes (collectively referred to as "Alterations") on or with respect to the City Property or License Areas 2 and 3. If such consent is secured from CITY, all such Alterations shall be made in accordance with all applicable Laws, in a good and workmanlike manner, and at the sole cost and expense of LICENSEE. Upon termination of this Agreement, at CITY's request only, LICENSEE shall remove any and all Alterations. No compensation shall be owed to LICENSEE in any event for any Alterations made by LICENSEE to the City Property. Any damage caused by the installation or removal of Alterations shall be repaired by LICENSEE at its sole cost and expense, to the satisfaction of the City Manager. C. Subject to CITY Uses. CITY reserves the right to use License Areas 2 and 3 in common with LICENSEE. The permission granted by this Agreement is non-exclusive in Page 2 or 13 REV: 03-19-19 PR ATTY/AGR.2019.058/CARLSEN SUBARU AND CARLSEN PORSCHE DEALERSHIPS