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

Home Browse Search

(b) Utilities and services. If Lessee is in default for nonpayment of rent or other sums due and if Lessee fails to pay same in full within 30 days after Lessor hand delivers to Lessee or to Lessee's representative written notice of Lessor's intent to terminate utilities or services which are furnished by Lessor, then Lessor may terminate such utilities or services after such 30 -day notice period, without further notice. Lessor's right to terminate such utilities or services shall occur automatically and without notice if Lessee's rent is accelerated under subparagraph "d" below, relating to unlawful early move -out. (c) Application of Credit upon Default. If Lessee is in default for nonpayment of rent or other sums due and if Lessee fails to pay same in full within 30 days after Lessor delivers to Lessee or to Lessee's office space a written notice of Lessee's non - payment, Lessor may terminate this lease as provided in subsection (e) and retain the balance remaining of the credit under the Development Agreement referred to in section 3.1 as its sole remedy for damages. The Parties agree that if Lessor applies the remaining credit under this Section, Lessor's obligation to repay the credit shall be fully satisfied. (d) Termination of possession. If Lessee is in default as defined in subparagraph "a" above and if Lessee remains in default for 30 days after Lessor gives notice of such default to Lessee, or if Lessee abandons the leased premises, Lessor may (with or without demand for performance) terminate Lessee's right of possession by giving one day's written notice to vacate; and Lessor shall be entitled to immediate possession without termination of Lessee's obligations under the lease. Lessor's repossession shall not be considered an election to terminate this lease unless written notice of such intention to terminate is given to Lessee by Lessor. Repossession may be by voluntary agreement or by eviction lawsuit. Subject to the limitation under subsection (c), commencement of an eviction lawsuit shall not preclude other Lessor remedies under this lease or other laws. (e) Termination of lease. Lessor may terminate this lease upon default by Lessee or at any time after Lessor's lawful re -entry or repossession following default by Lessee. Lessor's agents have authority to terminate the lease only by written notice given pursuant to paragraph 27.1. 21.1 Nonwaiver. The acceptance of monies past due or the failure to complain of any action, nonaction, delayed payment, or default, whether singular or repetitive, shall not constitute a waiver of rights or obligations under the lease. Lessor's or Lessee's waiver of any right or any default shall not constitute waiver of other rights, violations, defaults, or subsequent rights, violations, or defaults under this lease. No act or omission by Lessor or Lessor's agents shall be deemed an acceptance or surrender of the leased premises, and no agreement by Lessor to accept a surrender of the leased premises shall be valid unless it is in writing and signed by a duly authorized agent of Lessor. 23.1 Dispute Resolution. (a) Negotiation. The Parties will attempt in good faith to resolve promptly through negotiation any claim or controversy arising out of or relating to this Lease. If a controversy or claim should arise, the Parties agree to each select a Representative and to have those Representatives meet at least once to attempt in good faith to resolve the dispute. For such purpose, any Party may request the others to meet within ten (10) days, at a mutually - agreed -upon time and place. The Parties shall, within ten (10) days after the Effective Date of this Contract, each designate to the other their respective Representatives, who shall be an executive -level individual with authority to settle disputes. Each of the Parties may change the designation of its Representative, but shall maintain at all times during the term of this Contract a designated Representative and shall ensure that the other Parties are notified of any change in the designation of its Representative. (b) Mediation. If the dispute has not been resolved within thirty (30) days after the first meeting of the designated Representatives (or such longer period of time as may be mutually agreed upon), any of the parties may refer the claim or controversy to non - binding mediation conducted by a mutually- agreed -upon party qualified to perform mediation of disputes related to the subject matter of this Agreement (herein referred to as the "Mediator ") by sending a written mediation request to the other party. In the event that Building name: Hays County Government Center Lessor's Name: Hays County. Texas Lessee's name: The City of San Marcos 8 Lessor initials: �v Lessee initials: