Agmt13 Docktown CB-R, LLC and Salaman Associates, LLC

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pocket expenses for operating the Marina, including the Minimum License Fee), the City shall pay to the Owners one-half(50%) of its Net Revenue up to a maximum of an additional $5,000, or total maximum license fee of $10,000 per month for the term of this Agreement 5. The term of this Agreement is ninety (90) days commencing March 1, 2013 and expiring on May 30, 2013. 6. During the term of this Agreement, the City shall cause the Premises and improvements thereon to be maintained in the same condition as the condition was turned over to City. The Owners retain the right without liability to the City to enter upon the Premises at any reasonable time: (i) to inspect the Premises, (ii) to show the Premises to prospective purchasers, (iii) to perform any tasks necessary to facilitate the sale of the Premises, including but not limited to geotechnical investigations, property surveys and any other similar tasks, (iv) to perform any covenants of the City which the City fails to perform, (v) to perform any repairs or alterations not required to be made by the City hereunder; or (vi) as reasonably necessary for the Owners' management of their Property located adjacent to the Premises. The Owners shall take all reasonable steps to minimize interference with the City's operation of the Marina resulting from any such re-entry. 7. The City shall be responsible for all utilities utilized by the City or the Boatowners serving the buildings on the Premises and the Marina or otherwise utilized by the Boatowners or the City. 8. Upon the expiration or termination of this Agreement, the City shall return the Premises to the Owners in the same condition as the condition that was turned over to the City, ordinary wear and tear excepted, free of the Sublicenses. Should the City fail to surrender the Premises upon such expiration or termination, it shall defend, indemnify and hold harmless the Owners from any and all liability, loss, damage, cost or expense (including court costs and reasonable attorneys' fees) the Owners suffer or incur resulting therefrom. 9. The City shall comply with any law, statute, ordinance or other governmental regulations which relates to the use of the Premises by the City and/or the Boatowners. 10. The City shall not modify or alter any improvements on the Premises without Owners' prior written consent and shall keep the Premises free of liens. 11. The City shall not assign this Agreement without Owners' prior written consent and shall not enter into any Sublicense except as expressly permitted by this Agreement. 12. Subject to the provisions of paragraph 11 above, the terms of this Agreement shall insure to the benefit of and be binding upon the successors and assigns of the parties hereto. ATTY/AGR/2013.031/DOCKTOWN TEMPORARY LICENSE REV:02-28-13 PT Page 3 of 6