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LEASE AGREEMENT THIS LEASE AGREEMENT, made this 6'h day of June, 2005, by and between the CITY OF •CHARLOTTESVILLE, VIRGINIA, a municipal corporation, herein referred to as "City," and STEVEN RUSSELL, Grantee, herein referred to as "Tenant," whose address is 115-B Megan Court, Charlottesville, Virginia 22901. (1) LEASE OF PREMISES: The City hereby leases to the Tenant, and the Tenant hereby leases from the City, all surface lands and rights thereto in that certain area of land containing approximately 300 square feet and situated on the Downtown Mall immediately to the west of 2nd Street, West, between 210 — 212 West Main Street (Regal Cinemas) and 201 — 207 West Main Street (Downtown Grille) (the "Leased Premises"). The Leased Premises shall not include any area of the Mall designated for use by emergency vehicles. (2) TERM: The Term of this Lease shall be one (1) year, beginning on June 6, 2005 (the "Commencement Date") and ending on June 5, 2006, with the availability of up to three one-year renewal terms by mutual agreement of the parties. (3) RENT: For the initial one year term the Tenant shall pay to the City, in advance, an annual rent of Three and 00/100 Dollars ($3.00) per square foot for the area occupied by the Tenant, plus a Lease initiation fee of $125.00. (4) USE: The Leased Premises shall be used exclusively as a newsstand, for the purpose of offering newspapers, magazines and periodicals for sale to the general public. Any other use of the Leased Premises shall require the prior written approval of City Council. • A. The Tenant shall be required to maintain and display any tourist materials and informational brochures and literature provided by the Charlottesville -Albemarle Visitors Bureau, the City of Charlottesville, Downtown for the Holidays, the Charlottesville Downtown Foundation and other such organizations as may from time to time be approved by the Director of the Charlottesville Department of Economic Development and provided at no cost to the Tenant. Said materials shall be displayed separately from any merchandise offered for sale by the Occupant and shall be distributed upon request and without charge to members of the public who stop at the newsstand. The Tenant shall promptly notify the City whenever the tourist information and brochures need to be re -supplied. B. It is the intent of the parties that the newsstand will be open for business each day of the week, from approximately 6:00 a.m. to 10:00 p.m. on weekdays, and on weekends as business considerations dictate. (5) TAXES: The Tenant shall pay, as and when they become due, all taxes and fees associated with the use of the newsstand (including any business license taxes required). (6) UTILITIES: No City utilities are included as part of this Lease. The City makes no representation regarding the availability of any particular utility at the site of the newsstand, and will not be responsible for any costs associated with the provision of any utility service to the newsstand. (7) ASSIGNMENT AND SUBLETTING: The Tenant agrees that it will not sublet or assign any rights granted under or through this Lease without the prior written approval of City Council, which • approval may be granted or denied in Council's sole discretion. (8) RULES AND REGULATIONS: The Tenant agrees to comply with and abide by all