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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Time for performance of non - monetary obligations of either party shall be reasonably extended to the extent delay is caused by force majeure (i.e. a cause such as riot, strikes, etc., beyond the control of the party obligated to perform). If any provision of this lease is invalid under present or future laws, the remainder of this lease shall not be affected. (b) Subject to Funding. The obligations under this Lease are contingent upon the annual appropriation of funds by the San Marcos City Council for the purposes of this Lease. If the San Marcos City Council fails to appropriate funds for such purposes in any fiscal year during the term of this Lease, the Lease term will be adjusted to terminate concurrently with the end of the period for which funding has been appropriated. Notwithstanding any other provision in this Lease to the contrary, termination of the Lease under this paragraph does not constitute a deafult by Lessee under any provisions of this Lease and the penalties and remedies for default outlined in this Lease are not applicable. (c) Landlord's Liens. Notwithstanding anything to the contrary in this Lease, Landlord shall not assert or enforce a lien or security interest against any property of Lessee that is not permitted by applicable law or funding agreements with the State of Texas or United States of America related to the Lease Purpose. Moreover, any permitted lien or security interest shall be subordinate to any interest in property of the State of Texas or the United States of America arising by virtue of any funding agreements such entities may have with the Lessee. As Lessee is a governmental entity performing governmental functions, Lessor agrees that it may not seize or deny access to and removal by Lessee of any personal property, files, documents and any other possessions of Lessee or its officers, agents, employees or clients on or in the Leased Premises necessary to continue performing such governmental functions. In the event of a lock -out, Lessor agrees to allow Lessee all reasonable access during normal business hours to remove all such things enumerated in the previous sentence from the Leased Premises. 33.1 Exhibit List. The exhibits attached to this lease are listed below. All exhibits are hereby incorporated in this Agreement by reference as if written fully herein. Exhibit A Floor Plan of Lessee's Office Space and Employee Area Exhibit B Floor Plan of Courtroom Space Exhibit C Courtroom Use Schedule and Terms Exhibit D Interlocal Development Agreement Exhibit E Lessor's Make -Ready Improvements Exhibit F Lessee's Finish Out Exhibit G Government Center Layout 34.1 Authority to Sign. The names and signatures of all parties are shown below; and all persons signing have been duly authorized to sign. (Signatures are located on the following page) Building name: Hays County Government Center Lessor initials: Lessor's Name: Hays County, Texas Lessee initials: Lessee's name: The City of San Marcos