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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by any person (including, without limitation, Lessor, Lessee, or any employee ofLessor or Lessee) (i) for personal injury or property damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees, licensees or invitees or any breach of this Lease by Lessee. B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole active direct negligence of any Indemnified Party. C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 17. D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 17. SECTION 18. TERMINATION. A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive days. B. Notwithstanding the term of this Lease set forth in Section 2, Lessor or Lessee may terminate this Lease without cause upon thirty (30) day's written notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored the Premises as required in Section 20A, at which time Lessor shall refund to Lessee, on a pro -rata basis, any unearned rental paid in advance. Notwithstanding anything to the contrary in this Lease, if Lessee has not complied with the requirements of Section 20A, this Lease, together with all terms contained herein (including payment of rent) will remain in effect until the requirements of Section 20A are met, unless Lessor, in its sole discretion, elects to terminate this Lease. C. Prior to execution of this Lease, Lessee shall provide Lessor with an executed, correct, and current copy of all lease documentation concerning Lessee's lease with Union Pacific Railroad Company of the 4,500 square feet of land immediately adjacent to the Premises upon which the balance of Lessee's building sits (the UPRR Lease) and shall provide Lessor with all revisions of such lease documentation within thirty (30) days of Lessee's receipt thereof. This Lease shall automatically terminate without notice effective as of the date of termination of the UPRR Lease. Upon such termination, rent shall be prorated and Lessor shall refund to Lessee, on a pro -rata basis, any unearned rental paid in advance, subject to Lessee's compliance with Section 20A and less any other offsets and amounts owed to Lessor under this Lease.