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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be deemed served upon receipt. SECTION 23. ASSIGNMENT. A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent shall be void and shall be a default by Lessee. Notwithstanding the foregoing, Lessee may sublease the Premises to Suenos and Rezo, LLC for the operation of a frozen yogurt shop, subject to: 1) written approval by Lessor's City Manager of the form of sublease, and any amendments or renewals to it, under which Lessee and such sublessee shall each be bound by all terms and conditions under this Lease; 2) and such sublessee's execution of a written acknowledgment, in a form approved by Lessor, regarding the requirements for disposition of the building and any other personal property on the Premises, as specified under Section 20, upon termination of this Lease. B. Subject to this Section 23, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. SECTION 24. CONDEMNATION. If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or damage to Lessee's business. SECTION 25. DISPUTES; ATTORNEY'S FEES; VENUE. If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees. Venue for any dispute arising under this Lease shall be in the state courts having appropriate jurisdiction in Hays County, Texas, or, if in federal court, the United States District Court for the Western District of Texas, Austin Division. SECTION 26. RIGHTS AND OBLIGATIONS OF LESSOR. If any of the rights and obligations of Lessor under this Lease are substantially and negatively affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under federal or state judicial precedent; then Lessor may require Lessee to enter into an amendment to this Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible.