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Earnhardt will terminate on February 28, 2013. Earnhardt has also mailed <br /> termination notices to the Marina Subtenants which notices advise those subtenants <br /> that to continue in the Marina, new arrangements must be made with the City. <br /> H. The Owners intend to sell the Property and have determined that requires the Property <br /> must be cleared of all tenants, subtenants and encumbrances. <br /> L The City has requested a temporary license for the use of portions of the Property for <br /> a limited duration of time as the City studies the future of the Inner Harbor area of the <br /> City, including Redwood Creek and the Marina, <br /> NOW THEREFORE,the parties hereto agree as follows: <br /> l. The Owners grant the City a 90-day temporary license to use portions of <br /> the Property solely for the purpose of managing the Marina and allowing the Boatowners <br /> to use portions of the Property for the limited purposes described in Recital F to this <br /> Agreement. The map attached hereto as Exhibit A shows the areas of the Property <br /> subject to this License Agreement (the "Premises"). The City shall confer such rights of <br /> use to the Boatowners through sublicense (the "Sublicenses"), the terms of which shall be <br /> expressly made subject to this Agreement and the terms of which shall be consistent with <br /> the terms and provisions of this Agreement. Tenancies or use permits by which the City <br /> permits the Boatowners to use the Creek are collectively referred to as the "Marina <br /> Tenancies". The premises are delineated as between the street entrance (at Maple Street) <br /> and the red line on Exhibit A which prohibits parking or personal property beyond that <br /> point by either City or its sublicensees. Pedestrian and bicycle access will be permitted <br /> beyond that line along the Redwood Creek boundary to the Owner's property. The parties <br /> will work together to establish temporary fencing consistent with the terms of this <br /> License, with an agreement which will address sharing of the cost. <br /> 2. The license granted hereunder is temporary in nature and does not <br /> constitute a grant of easement or leasehold estate of any kind in the Property. Owners <br /> reserve the right to use the internal road outlined in green on Exhibit A for ingress and <br /> egress to the portion of the Property not licensed hereunder. <br /> 3. The City acknowledges that it is accepting the Premises in its "As Is" <br /> condition without warranty or representation express or implied. <br /> 4. So long as this Agreement is in effect, City shall pay Owners a monthly <br /> license fee in the minimum amount of $5,000 ("Minimum License Fee") up to a <br /> maximum amount of $10,000, with the greater amount due based on an agreed upon <br /> formula set forth in subparagraph 4(a) below. <br /> a. The City intends to establish and collect license fees and/or rent and utility <br /> payments from the Boatowners, for their monthly use of the Marina and <br /> related facilities, utilities and services as provided by the City. Should the <br /> City earn "Net Revenue" from the Marina (defined as monthly gross <br /> revenue that the City receives from the Marina less the City's out-of- <br /> ATTY/AGR/2013.031/DOCKTOWN TEMPORARY LICENSE <br /> REV:02-28-13 PT <br /> Page 2 of 6 <br />