Res 2017-011/approving an addendum to the interlocal agreement with Hays County providing for the City’s Municipal Court to lease space at the Hays County Government Center

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ADDENDUM TO INTERLOCAL AGREEMENT FOR COMMERCIAL OFFICE LEASE 712 South Stagecoach Trail,San Marcos,Texas This addendum (the "Lease Addendum") hereby amends, modifies and supplements that certain Interlocal Agreement for Commercial Office Lease(the"Lease")by and between the City of San Marcos,Texas,a home rule municipal corporation(the"Lessee"),and Hays County,a political subdivision of the State of Texas(the"Lessor") concerning the lease of space at 712 South Stagecoach Trail for Lessee's municipal court operations. The parties wish to enter into this Lease Addendum for purposes of extending the lease term and adjusting the charges to Lessee under the Lease. In consideration of the mutual benefits to and obligations of the parties hereunder,it is agreed as follows: 1. Section 2.1 of the Lease is amended to read as follows: 2.1 Rent and Other Charges. Charges for"rent(s)"and"Other charges"are set forth below. Lessee's Space/Fee Monthly Annualized Suite 2233 $2,412.50 $28,950.00 Pro-rated Common Areas $ 1,500.00 $ 18,000.00 Pro-rated Courtroom Space $ 1,242.00 $ 14,904.00 General Building Security Charge (10/2013-09/2018) $881.12 $ 10,573.44 (10/2018-09/2025) $2,059.89 $24,718.68 Custodial Charge $ 100.00 $ 1,200.00 Utilities Charge (10/2013-09/2018) $309.07 $3,708.84 (10/2018-09/2025) $363.84 $4,366.03 Total Charges before application of credits (10/2013-09/2018) $6,444.69 $77,336.28 (10/2018-09/2025) $7,678.23 $92,138.71 2. Section 4.1 is amended to read as follows: 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 144 full calendar months from commencement date,the last day of the lease term being September 30, 2025. 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 commencement date described above,but shall represent the date upon which other contractual rights of the Parties commences (e.g. Lessee's right to finish out, as described in Section 5.1,below). (a) Renewal Option. By written notice to Lessor provided on or before September 30, 2023, Lessee may request renewal of this lease for an additional term of up to five(5)years on terms mutually agreed upon. If the parties are unable to negotiate an extension of this lease on terms mutually agreed upon within ninety(90)days after Lessor's receipt of Lessee's request, or if Lessee does not request an extension of the lease term under this subsection, then this lease shall automatically terminate on September 30,2025.