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45 Co go ho The design and materials used for the First Amendment Monument shall be consistent with the description set forth in Paragraph A, above. The overall footprint ofthe Monument shall be no greater than 100 feet long x 20 feet wide, and no less than 90 feet long x 20 feet wide. The slate panels affixed to the face of the Monument (the chalkboard component of the Monument) shall be no greater than 90 feet long x 3 feet wide, and no less than 50 feet long x 2 feet wide. The height of the Monument shall be no greater than seven and one-half (7-1/2) feet andno less than slx (6) feet. ' The initial term of the lease and development agreement shall be for a periOd of three (3) years; however, the lease and development agreement may be extended on a year- to-year basis thereafter by mutual agreement of the parties. During the initial term of the lease and any renewal term thereafter, either party may terminate the lease for a material breach of the lease agreement by the other, after giving the breaching party written notice and a reasonable opporpanity to cure. After completion of the initial three-year term, either party may terminate the lease, for any reason, or for its convenience, by giving the other party one-hundred twenty (120) days' advance written notice. Rent for the leased premises shall be One Dollar ($1.00) per annum, payable in advance for the entire three-year initial term, and one year in advance with respect to each annual term thereafter. Upon construction of the Monument a private, non-profit legal entity formed by the Center for the primary purpose of owning and maintaining the Monument shall hold title to the Monument and any related improvements. This non-profit entry will execute the final, written lease and development agreement with the City, and shall have all the rights and be bound to ali obligations of the Center, as described in this Resolution. The non-profit entity shall be deemed the 'q~enant" under the final Lease Agreement. (Wherever the terms and conditions set forth in this Resolution refer to the Center, they shall be deemed also to refer to "Tenant"). The Center will also be required to execute the final Lease Agreement, as a guarantor of the faithfifl performance of all the obligations set forth in this Resolution and in the final Lease Agreement. The Center/Tenant shall obtain and maintain throughout the term of the lease and development agreement, at no expense to the City, comprehensive public liability insurance covering bodily injury and property damage arising out of or in connection with public use of the Monument or accidents occurring in or around the demised premises. Coverage shall be provided in an amount not less than $1,000,000 combined single limit. The Center's/Tenant's insurance policies shall be endorsed to name the City of Charlottesville (including its officials, officers, employees and agents) an additional insured under the required insurance policies. The City shall be provided written documentation, satisfactory to the City, verifying the required insurance. The City assumes no obligation to repair or replace the Monument or any related improvements on the demised premises which may be damaged or destroyed by fire or other casualty. Upon the expiration or termination of the Lease Agreement, the Center/Tenant shall, at no expense to the City, remove the Monument and all related improvements and restore the demised premises, as nearly as practicable, to the condition in which the premises existed prior to the Lease. Within the parameters set forth in this resolution, CRy Council reserves the right to consent to the final working drawings of the Monument, and such consent shall not otherwise be unreasonably withheld. Consent to the workSng drawings shall be obtained by the Center prior to the beginning of construction of the Monument_.