Res 2016-008/authorizing downtown business owners to use designated parking spaces in the Fire Station Studio parking lot adjacent to the 100 block of East Hutchison Street; approving the forms and terms of agreements for such use

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EXHIBIT A FORM OF PARKING SPACE USE AGREEMENT This Parking Space Use Agreement (this "Agreement") is entered into effective (date) between the City of San Marcos(the"City"),a municipal corporation,and , (the "Tenant"). Article 1.Grant of Use of Premises; Rental;Acceptance in Present Condition 1.1 In consideration of the obligation of to pay rent and in consideration of the other terms, covenants and conditions of this Agreement, the City grants to Tenant, and Tenant accepts from the City, a license and permission to use parking space(s) in the parking lot located adjacent to the 100 block of East Hutchison Street, San Marcos,Texas,as depicted on the attached Exhibit A(the "Parking Space"). 1.2 Tenant covenants and agrees to pay to City as rent for the premises the sum of$ .00 per month per space as follows: spaces @$ .00/month=$ Payments are due and payable on or before the first day of each month. Rent shall increase to $ .00 per month per space during the second year of the term and $ .00 per month per space during the remainder of the term. Rent accrues from the effective date of this Agreement and is payable at the City's Finance Office. Rent for the first month of the term will be prorated if the effective date is other than the first day of the month. 1.3 Subject to the terms of this Agreement,Tenant shall have exclusive use and possession of the Parking Space 24 hours a day, seven days a week. 1.4 Tenant is accepting the Parking Space in its present condition, subject to signs promised in section 3.3 of this Agreement. Article 2. Use and Care of Parking Space 2.1 The Tenant shall use the Parking Space only for the purpose of parking automobiles or motorcycles for the use of Tenant or Tenant's employees, patrons or customers. The Tenant shall obtain the prior written consent of the City for any other use of the Parking Space. 2.2 No personal or business property is to be kept or stored upon the Parking Space. No vehicle may be stored (parked for a continuous period exceeding 72 hours)on the Parking Space. 2.3 Commercial vehicles and vehicles exceeding the size of the Parking Space may not be parked upon the Parking Space. 2.4 The Tenant is responsible for securing the removal of unauthorized vehicles from the Parking Space. Prior to securing removal of a vehicle, the Tenant shall verify that a) a sign is in place clearly designating authorized users for the Parking Space, and b) the vehicle in the Parking Space is not an authorized user of the Parking Space. Article 3. Maintenance of Parking Space 3.1 The Tenant shall maintain the Parking Space at all times free of trash, debris and other objectionable materials.The Tenant shall promptly remove all garbage and refuse of any kind from the Parking Space. 3.2 At the expiration of this Agreement,Tenant shall surrender the Parking Space in good condition. 3.3 The City will provide and display signs designating the Tenant's Parking Space. 3.4 The City shall have a continuing right of access to the Parking Space for maintenance and repair of the Parking Space or as necessary to carry out for construction activities in adjacent areas. When the City conducts such maintenance, repair or construction activities that will interrupt Tenant's use of the Parking Space, the City will provide advance notice thereof to Tenant, except in cases of unexpected emergencies presenting imminent threats of injury to persons or damage to property.