Res 2013-144/Approving an interlocal agreement with Hays County that provides Municipal Court to lease space at and move its operations to the Hays County Government Center

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such a request is made, the Parties agree to participate in the mediation process. The Parties and the Mediator may join in the mediation any other party necessary for a mutually acceptable resolution of the dispute. Should the Mediator ever be unable or unwilling to continue to serve, the parties shall select a successor Mediator. The mediation procedure shall be determined by the Mediator in consultation with the parties. The fees and expenses of the Mediator shall be borne equally by the parties. (c) Litigation. If the dispute is not resolved within thirty (30) days after the commencement of mediation, or if no mediation has been commenced within ninety (90) days after the first meeting between Representatives (or such longer period of time as may be mutually agreed upon), any of the Parties may commence litigation to resolve the dispute in any Texas state court of competent jurisdiction, or in the United States District Court for the Western District of Texas to the extent said Court shall have jurisdiction over the matter. 24.1 Surrender of Premises. When Lessee moves out, Lessee shall surrender Lessee's office space in the same condition as on the date of lease commencement by Lessee (as changed or improved from time to time in accordance with this Agreement), less ordinary wear and tear. Removal of property from the leased premises is subject to paragraph 14.1. Upon surrender, Lessee shall provide Lessor with all of Lessee's keys, access codes and cards to the Leased Premises and the combination to all safes and vaults, if any in the Leased Premises. 25.1 Holding Over. If Lessee remains in possession of the leased premises after the expiration of the lease (including valid lease extensions), then (i) Lessee shall be deemed to be occupying the leased premises as a tenant -at- sufferance on a daily basis, subject to all obligations of the lease, (ii) Lessee shall pay rent for the entire holdover period at the rate of 125% of the then - current rental rate under this lease, (iii) Lessee shall be subject to all other remedies of Lessor as provided in paragraph 19. 1, and (iv) Lessee shall, to the extent permitted by law and without waiving any limitations on liability or immunity from suit or liability under applicable laws or the Texas Constitution, indemnify Lessor and/or prospective tenants for damages, including lost rentals, storage expenses, and attorney's fees. Holdover rents shall be immediately due on a daily basis and delinquent without notice or demand; and the prior written notice and waiting period requirements of this lease shall not be necessary in order for Lessor to exercise remedies thereunder. Lessee shall be obligated to pay all holdover rents in current funds, and no assertion of credit by Lessee shall be valid. By written agreement of the parties, Lessee may avoid being subjected to the above terms and penalties by extending the lease term for a period of one month (and for as many one -month periods thereafter as agreed to by the parties) at a minimum rate of 125% of the then - current rental rate under this lease. 26.1 Signs and Building Name. Lessor shall provide for inclusion of information identifying the San Marcos Municipal Court and its location in any directory signs maintained by Lessor. Lessee may install wall mounted and window signs in or immediately outside Lessee's Office Space identifying the location of the San Marcos Municipal Court and services available. Lessee may install, in locations approved by Lessor, temporary and portable directory signs on stands directing persons conducting municipal court business to Lessee's Office Space and Lessee's Courtroom Space. All signs are subject to the prior written approval of Lessor. All signs or lettering shall conform to the sign and lettering criteria established by Lessor. Unless otherwise agreed by the parties, suite signage and building directory changes shall be done exclusively by Lessor and at Lessee's expense. Lessor may remove all unapproved signs without prior notice to Lessee and at Lessee's expense. 27.1 Notices. Except as otherwise specifically indicated herein, the following persons are designated as the parties' authorized representatives to receive notices, to receive requests and to grant permission or consent under various provisions under this lease. A party may designate a new representative by providing notice of the change to the designated representative of the other party. For notices, demands or requests related to default or termination of this lease, copies of same shall be delivered to the County Judge and County Attorney for Lessor and the City Manager and City Attorney for Lessee. Building name: Hays County Government Center Lessor's Name: Hays County, Texas Lessee's name: The City of San Marcos 9 Lessor initials: Lessee initials: