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Res 2018-078/Approving a lease agreement with becerra corp. For the year to year lease of approximately 9,817 square feet of space at 201 south lbj (the site of the former dixie cream donut shop); authorizing the city manager to execute said lease
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Res 2018-078/Approving a lease agreement with becerra corp. For the year to year lease of approximately 9,817 square feet of space at 201 south lbj (the site of the former dixie cream donut shop); authorizing the city manager to execute said lease
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12/26/2018 1:35:00 PM
Creation date
5/29/2018 9:28:12 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2018-78
Date
5/15/2018
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LEASE OF PROPERTY (YEAR TO YEAR) <br />This Lease is entered into on May 15, 2018, between the City of San Marcos, Texas, 630 <br />East Hopkins Street ("Lessor") and Becerra Corp, 208 East Mimosa Circle, San Marcos, TX 78666 <br />("Lessee"). <br />SECTION 1. PREMISES; USE. <br />Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") in San <br />Marcos, Texas, shown in Exhibit A, attached hereto and made a part hereof, subject to the terms <br />and conditions in this Lease. The Premises may be used for maintenance and operation of one <br />Lessee -owned building in connection with a retail food service operation, restaurant or bakery, <br />and other purposes incidental thereto, only, and for no other purpose. Any other use shall be subject <br />to approval of Lessor's City Manager in writing. <br />SECTION 2. TERM. <br />The term of this Lease shall commence effective as of February 1, 2018, and, unless sooner <br />terminated as provided in this Lease, shall extend for one year and, thereafter, shall automatically <br />be extended from year to year. <br />SECTION 3. FIXED RENT. <br />A. The annual 2018 ground lease rent is $3,446.68 and will be paid in the following <br />manner: Within 10 days upon the execution of this Lease by both parties, a payment of $861.67 <br />will be due payable to the City of San Marcos and three equal payments of the same amount each <br />due on the first of the month of each month thereafter. Each year thereafter, Lessee shall pay to <br />Lessor, in advance (on or before February 1), fixed rent annually. The fixed rent shall be <br />automatically increased by three percent (3%) annually, cumulative and compounded. <br />B. Not more than once every three (3) years, Lessor may redetermine the fixed rent. If <br />Lessor redetermines the rent, Lessor shall notify Lessee of such change. <br />SECTION 4. INSURANCE. <br />A. Before commencement of the term of this Lease, Lessee shall provide to Lessor a <br />certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit <br />B attached hereto and made a part hereof. <br />B. Not more frequently than one every two years, Lessor may reasonably modify the <br />required insurance coverage to reflect then -current risk management practices of Lessor. <br />C. All insurance correspondence, certificates and endorsements shall be directed to: <br />Risk Manager, City of San Marcos, 630 East Hopkins Street, San Marcos, TX 78666. <br />
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