Item 09 - License Agreement with Bowers Museum for Digital Marquee Placement

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License Agreement with Bowers Museum for Digital Marquee Placement October 7, 2025 Page 2 The license agreement is for a 10-year term, with an automatic 10-year extension and an annual renewal unless the City chooses to terminate the agreement. The timeframe of the digital marquee agreement approximately coincides with the timeframe and extensions for the current Bowers operating agreement with the City, which provides Bowers with the option for two 10-year extensions through April 30, 2036 and April 30, 2046. The following are Key Terms of the license agreement: Key Terms Term Initial term: 10 years from Commencement Date (first of month after marquee operational), and automatic one 10-year extension unless City gives 90-day termination notice. Hold-Over Period If City continues to occupy the Licensed Area after the expiration or termination of this Agreement, the holding over will constitute a yearly renewal or extension of the Agreement. End of Term City to transfer ownership, maintenance, utilities, and use of marquee to Bowers unless Bowers declines. If Bowers declines, City must restore site and release easement. Default Either party may terminate with 90-day notice if obligations not performed (plus 60-day cure if needed); Bowers can place City in default with 45-day notice for Use Requirements violations; City can place Bowers in default with 45-daynotice for interference. Location Licensed Area at 1914 N. Main St., APN 002-162-32. Approx. 300 s . ft. area for marquee + equipment. City Responsibility City installs, operates, and maintains the digital marquee. Bowers' Display Bowers receives 10% of display time at no cost, Time subject to City content review and emergency/public safety messages. Bowers' If Bowers sells/leases/develops Licensed Area Sale/Development obstructing view, Agreement terminates. Bowers must: (a) give 180-day notice; (b) reimburse City $229,620.37 + 3% CPI on labor cost $38,871.92 per year of operation; (c) remove marquee after project breaks ground or sale completes; (d) City has first right of refusal to retain marquee/screen/equipment Digital marquees have already have been installed and are operational at Centennial, Thornton, Delhi, and Jerome parks as part of this project. Approval of this item would allow the installation at both Bowers and Rosita Park to move forward. Alternately, as indicated in the August 6, 2024 staff report, should the marquee at Bowers not move forward, the City will prioritize the installation of a more costly double-sided marquee at