Res 2017-167/approving a Lease-Purchase Agreement with the Trust for Public Land providing for the City to lease with an option to purchase approximately 102 acres of land west of the City off of Derby Court, which agreement provides for payment by the C

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21. CONDITION OF PREMISES ON TERMINATION OF LEASE AND HOLDING OVER: (a) In the event Lessee does not elect to purchase the Property, Lessee agrees to surrender to Lessor, at the end of the term of this Agreement or as provided in Paragraph 3(b) and/or upon any cancellation of this Agreement, said Leased Premises in as good condition as said Leased Premises were at the Commencement Date, ordinary wear and tear not caused by Lessee's negligence, an insured casualty, an uninsured casualty not caused by Lessee and alterations approved by Lessor, excepted. Lessee agrees that if Lessee does not surrender said Leased Premises to Lessor at the end of the Term of this Agreement or as provided in Paragraph 3(b) then Lessee will pay to Lessor, to the extent permitted by law, double the amount of the Base Rent paid by Lessee for the last month of the Lease Term for each month or portion thereof that Lessee holds over plus all damages that Lessor may suffer on account of Lessee's failure to so surrender to Lessor possession of said Leased Premises, and will indemnify and save Lessor harmless from and against all claims made by any succeeding Lessee of said Leased Premises against Lessor on account of delay of Lessor in delivering possession of said Leased Premises to said succeeding Lessee so far as such delay is occasioned by failure of Lessee to so surrender said Leased Premises in accordance herewith or otherwise. (b) No receipt of money by Lessor from Lessee after termination of this Agreement or the service of any notice of commencement of any suit, arbitration, or final judgment for possession shall reinstate, continue or extend the term of this Agreement or affect any such notice, demand, suite or judgment for possession, or otherwise limit or affect any other remedies available to Lessor hereunder unless the same shall be a compulsory counterclaim. (c) No act or thing done by Lessor or its agents during the Term of this Agreement shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept a surrender of the Leased Premises shall be valid unless it be made in writing by a duly authorized officer or agent of Lessor. (d) In the event that this Lease -Purchase Agreement is terminated or expires as permitted herein and Lessee does not close its purchase of the Property for any reason other than Lessor's material default hereunder, and it is determined by a licensed professional engineer or geologist contracted by Lessor that during the period of Lessee's occupancy of the Property pollutants or hazardous materials have been discharged or released by the Lessee, its agents or invitees on the Property in concentrations or amounts which exceed any applicable legal standard, then the Lessee shall continue to be bound to pay Base Rent to Lessor until the pollutants or hazardous materials have been remediated to the standards set by the Texas Commission on Environmental Quality or other regulatory agency. 22. SIGNS: Lessor shall have the right to install signs on the Property reflecting Lessor's ownership, in accordance with applicable codes and ordinances. 23. INVALIDITY OF PROVISION: If any term, provision, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such tem, provision, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term, provision, covenant or condition of this Lease shall be valid and be enforceable to the fullest extent permitted by law. This Agreement shall be construed in accordance with the laws of the State of Texas. 10