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REV: 11-28-23 VR 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 THE LICENSE AREA 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 Ten Thousand Dollars ($10,000.00) 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 the License Area 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 additional six month periods upon written request of LICENSEE at least 60 days’ prior to the Expiration Date or expiration of any six-month extension. 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 the License Area in the condition required under this Agreement. 4.Use of License Area. A.Authorized Activities on the License Area. LICENSEE may enter upon and use the License Area solely for vehicle storage purposes for up to 250 vehicles for its dealership (“Activities”). LICENSEE shall not conduct any vehicle maintenance or other activities on the City Property. Prior to the Commencement Date, LICENSEE shall submit, for City review and approval, a site plan depicting the layout and location of parking spaces to be used for vehicle storage and adequate fire and public safety vehicle access in and through the License Area. 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 Area. If such ATTY/AGR.2023.290/Town Motor Company (1402 Maple License Agreement) (Page 2 of 14)