Res 2016-098/approving an amended and restated Property Use Agreement between the City and Texas State University for the City’s use of a parking area downtown and Texas State University’s use of a parking area along Charles Austin

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Property Use Agreement (Amended and Restated) This property use agreement, dated August 2 , 2016 is between Texas State University (TEXAS STATE) and the City of San Marcos (the CITY). Background 1.1 The CITY owns property along Charles Austin Drive in San Marcos, Hays County, Texas that TEXAS STATE desires to use for parking purposes. This property (called the Charles Austin Drive Property in this agreement) is more particularly described in Exhibit A, attached to this agreement and made a part of it for all purposes. 1.2 TEXAS STATE owns property on Hutchison Street (called the Fire Station Studio Parking Lot in this agreement) located behind the Fire Station Studio in San Marcos, Hays County, Texas. The property included in this agreement is more particularly described in Exhibit B, attached to this agreement and made a part of it for all purposes. The CITY desires to use this property for parking purposes. 1.3 This agreement sets forth the terms under which the CITY will permit TEXAS STATE to use the Charles Austin Drive Property and TEXAS STATE will permit the CITY to use the Fire Station Studio Parking Lot. 2. Agreement and Term 2.1 TEXAS STATE agrees to allow the CITY the exclusive use of the portion of the Fire Station Studio Parking Lot described in Exhibit B and the CITY agrees to allow TEXAS STATE the exclusive use of the Charles Austin Drive Property described in Exhibit A, for a period of three years, beginning August 1, 2016 and ending July 31, 2019. 2.2 The parties may, by written agreement, extend the term of this use agreement for such additional time as they later determine is appropriate. However, at the end of this agreement's term, each party will surrender the property it has received to the other in good order and condition, reasonable wear and tear excepted. 2.3 Either party may terminate this agreement for any reason by giving the other party at least 60 days' written notice. 3. Property Use and Maintenance 3.1 TEXAS STATE will use the property that it receives under this agreement for vehicle parking. As shown in Exhibit A, four parking spaces (#20-23) are reserved for CITY use. 3.2 The CITY will use the property that it receives under this agreement for vehicle parking and trash dumpster siting. As shown in Exhibit B, thirteen parking spaces (#1-13) are reserved for TEXAS STATE use. Neither party will use the property for any other