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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Utilities Charge $309.07 $ 3,708.84 Total Charges before application of credits $6,444.69 $ 77,336.28 2.2 Additional Security and Courtroom Charges "Additional security charges" and "additional courtroom charges" shall be due upon delivery of written notice in accordance with paragraph 27.1. (a) Additional Security Charges. If Lessee causes the main front entrance to the Hays County Government Center to be opened or to remain open for entry by the general public outside the hours of 8:00 AM and 8:00 PM on Wednesdays or the hours of 8:00 AM and 5:00 PM on any other day of the week ( "normal hours for public entry"), due to "public use" of Lessee's operations extending beyond the close of business, "additional security charges" of $450.00 per hour will apply. "Public use" will be determined if either the Lessee's office or the Lessee's assigned Courtroom are open to the public. (b) Additional Courtroom Charges. If "courtroom use" outside of the times outlined in Exhibit C is necessary, a rate of $16.00 per hour will apply. The "additional courtroom use" must be agreed to, in writing, by the appropriate Lessor's "Court Administrator ". 3.1 Payments, Application of Credits, Payment Schedule, and Place of Payment. The monthly rent shall be due on the first day of each calendar month without demand. Partial months shall be prorated. All rent and other sums are due at the address designated by Lessor. All sums due by Lessee shall be made from current funds and are not subject to any claim of credit by Lessee, except those credits defined below and described in the Interlocal Development Agreement executed between Hays County and the City of San Marcos on or about April 6. 2010, which is attached hereto as Exhibit D (hereinafter the "Development Agreement "). Lessee's rent and fee payments are without right of setoff or deduction except as described below. The total credit of one- hundred thousand dollars ($100,000 USD) granted under this lease agreement shall represent full satisfaction and accord of the Lessor's obligations under section 2.7 of Article II of the Development Agreement. Monies mailed are considered timely paid only if received by Lessor by the due date. Rent and late payment charges shall be paid without notice or demand. All other sums shall be due upon delivery of written notice in accordance with paragraph 27.1. Total Credit claimed by Lessee One - hundred Thousand dollars ($100,000.00 USD) to be applied over the five year term as follows: Lease Years 1 -3 Twenty -seven Thousand dollars ($27,000.00 USD) credit applied over twelve (12) months for Lease Years one (1) through three (3) at Two - thousand, Two - hundred - and -fifty dollars ($2,250.00 USD) per month Lease Years 4 -5 Nine - thousand, Five - hundred dollars ($9,500.00 USD) credit applied over twelve (12) months for Lease Years four (4) thorough five (5) at Seven - hundred, Ninety -one dollars and Sixty -seven cents ($791.67 USD) per month Resultine Monthlv Pavment Schedule Months 1 -36: Four - thousand, One - hundred - and - ninety -four dollars and Sixty -nine cents ($4,194.69 USD) Months 37 -60: Five - thousand, Six - hundred - and -fifty -three dollars and two cents ($5,653.02 USD) 4.1 Term, Possession, and Anniversary. The commencement date of the lease term shall be October 1, 2013. The initial lease term shall be for 60 full calendar months from commencement date, the last day of the lease term being September 30. 2018. Rent will begin to accrue on the lease commencement date. The Effective Date of this Agreement shall be the date upon which the last of the Parties duly executes it, below. The Effective Date shall not be construed as the lease Building name: Hays County Government Center Lessor's Name: Hays County, Texas Lessee's name: The City of San Marcos 2 Lessor initials: Lessee initials: