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the Marquee, the Agreement will automatically terminate and Bowers shall <br /> satisfy the following conditions: <br /> (a) Bowers shall provide City with a minimum of 180 days' notice of its <br /> intent to sell, lease, or develop the Licensed Area. <br /> (b) Bowers shall reimburse City for the cost of the Marquee in the amount <br /> of $229,620.37 within 30 days of termination of the Agreement. <br /> Additionally, a relocation and replacement CPI cost of 3% shall be <br /> added based on the project labor cost of$38,871.92 for each year of <br /> the Marquee's operation prior to its removal by Bowers. <br /> (c) There shall be no accounting for depreciation and/or diminished value <br /> of the Marquee. <br /> (d) Within 30 days following receipt of the $229,620.37, plus any <br /> applicable relocation and replacement CPI increases discussed above, <br /> City shall execute all necessary documents in order to release its <br /> easement over the License Area, as provided for in Section 2 above. <br /> (e) Bowers shall be responsible for removal and disposal of the <br /> Marquee, and shall bear all costs associated therewith. <br /> (f) Bowers shall not remove the Marquee until the planned development <br /> project has broken ground,or the sale or transfer of the property from <br /> Bowers to the new owner or lessor is complete. <br /> (g) Notwithstanding the above, City shall enjoy the first right of refusal <br /> to retain the Marquee, its digital screen, and any other equipment or <br /> items related to the Marquee following its removal by Bowers. <br /> 4. USE OF MARQUEE AND OTHER CONSIDERATIONS. <br /> A. As detailed herein, City shall grant Bowers display time for advertisements, to the <br /> public, as part of any current of future Bowers events or business. For its right to <br /> use the Licensed Area, City shall: <br /> (1) Accept and coordinate with Bowers all on-going advertisement slots <br /> consisting of 10%of display time on the Marquee. Displays of advertisement <br /> slots for Bowers shall be provided at no cost to Bowers,but must be reviewed <br /> by City staff prior to display to ensure compliance with City standards for <br /> appropriate content. <br /> (2) Bowers agrees and understands that time allotted to Bowers, per the section <br /> above, is subject to change to allow for any message the City considers <br /> immediately necessary for public safety. These messages will be considered <br /> of limited duration and coordinated between the City Manager, Chief of <br /> Page 3 of 13 <br />