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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INTERLOCAL AGREEMENT FOR COMMERCIAL OFFICE LEASE 712 South Stagecoach Trail, San Marcos, Texas This is an Interlocal Agreement for the Lease of Commercial Office Space (hereinafter "Agreement ") dated and entered into between the City of'San Marcos, Texas, (hereinafter "Lessee ") and Hays County, a political subdivision of the State of Texas as (hereinafter "Lessor "). The above -cited parties shall be collectively referred to as "the parties to this Agreement" or "the parties ". 1.1 Interlocal Agreement. This is an Agreement made pursuant to the Interlocal Cooperation Act (Chapter 791, Texas Government Code), which empowers the parties to contract with each other in the performance of services that each party is authorized to perform individually, including the leasing of real property. Pursuant to the Interlocal. Cooperation Act, (i) the execution of this agreement is authorized by the governing body of each party to this Agreement; (ii) payments of rent by Lessee under this Agreement, other than those rent payments accounted for by the credit cited in Section 3. 1, below, shall be made from current revenues that are available to Lessee; and (iii) the rents paid under this agreement are considered by the parties to be fair compensation to Lessor for the Leased Premises. 1.2 The Leased Premises. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor the "Leased Premises" which consists of "Lessee's Office Space" and "Lessee's Courtroom Space" as defined below. (a) Lessee's Office Space. "Lessee's Office Space ", to which Lessee shall have exclusive use rights of Suite 2233 of the Hays County Government Center, located at 712 South Stagecoach Trail, San Marcos, Texas 7866, as outlined on the floor plan contained in Exhibit A. (b) Lessee's Courtroom Space. "Lessee's Courtroom Space ", to which Lessee shall have non - exclusive use rights of Courtroom space of the Hays County Government Center located at 712 South Stagecoach Trail, San Marcos, Texas 78666, as outlined on the floor plan in Exhibit B and per the schedule and terms outlined in Exhibit C. Actual courtroom assignments shall be scheduled monthly and coordinated with the appropriate Lessor's "Court Administrator" as identified in Exhibit C. "Additional courtroom charges" per section 2.2 shall apply for use beyond that as described in Exhibit C. The Parties recognize that courtroom demands can occasionally present a need to adjust schedules on short notice, and the Parties agree to mutually cooperate to efficiently serve the citizens of the City of San Marcos, and Hays County as a whole. 1.3 Lease Purpose. Lessee shall use Lessee's Office and Courtroom Space for operation of the San Marcos Municipal Court, which includes but may not be limited to providing administrative support to the operations of the Municipal Court, processing filings and payments, holding appearance dockets, and holding jury and bench trials ( "Lease Purpose "). 1.4 Rentable Area. Lessee's approximate "rentable area" is 1930 square feet for Suite 2233, 12,000 square feet of common area, and 2070 square feet for courtroom space. 2.1 Rent and Other Charges. Charges for "rent(s)" and "Other charges" are set forth below. Lessee's Space /Fee Suite 2233 Pro -rated Common Areas Pro -rated Courtroom Space General Building Security Charge Custodial Charge Building name: Hays County Govemment Center Lessor's Name: Hays County, Texas Lessee's name: The City of San Marcos Monthly Annualized $ 2,412.50 $ 28,950.00 $ 1,500.00 $ 18,000.00 $ 1,242.00 $ 14,904.00 $ 881.12 $ 10,573.44 $ 100.00 $ 1,200.00 Lessor initials: Lessee initials: