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City Council Meeting Minutes May 15, 2018
<br />language in 17A as it was corrupted when it was created into a PDF.
<br />The correct section reads reads: " As a material part of the consideration for
<br />this Lease, Lessee, to the extent it may lawfully do so, waives and releases any
<br />and all claims against Lessor for, and agrees to indemnify, defend and hold
<br />harmless Lessor, its affiliates, and its and their officers, agents and employees
<br />("Indemnified Parties") from and against, any loss, damage (including, without
<br />limitation, punitive or consequential damages), injury, liability, claim,
<br />demand, cost or expense (including, without limitation, attorneys' fees and
<br />court costs), fine or penalty (collectively, "Loss") incurred by any person
<br />(including, without limitation, Lessor, Leasee, or any employee of Lessor or
<br />Lessee) (i) for personal injury or property damage caused to any person while
<br />on or about the Premises, or (ii) arising from or related to any use of the
<br />Premises by Lessee or any invitee or licensee of Lessee, any act or omission of
<br />Lessee, its officers, agents, employees, licensees or invitees or any breach of
<br />this Lease by Lessee". The motion carried by the following vote:
<br />For: 7 - Mayor Pro Tem Prewid, Council Member Gonzales, Deputy Mayor Pro Tem
<br />Gregson, Council Member Derrick, Council Member Hughson, Mayor Thomaides
<br />and Council Member Mihalkanin
<br />Against: 0
<br />Motion to Amend: a motion was made by Council Member Derrick, seconded
<br />by Council Member Gonzales, to amend Section 13A by including a statement
<br />that states "for which lessee has contracted to pay". The complete language
<br />will read: Lessee will arrange and pay for all utilities and services supplied to
<br />the Premises or to lessee for which lessee has contracted to pay".The motion
<br />carried by the following vote:
<br />For: 5- Mayor Pro Tem Prewitt, Council Member Gonzales, Council Member Demck,
<br />Council Member Hughson and Council Member Mihalkanin
<br />Against: 2 - Deputy Mayor Pro Tem Gregson and Mayor Thomaides
<br />Main Motion: to Approve Resolution 2018-78R, as amended. The motion
<br />carried by the following vote:
<br />For: 4 - Mayor Pro Tem Prewitt, Council Member Gonzales, Council Member Hughson and
<br />Council Member Mihalkanin
<br />Against: 2 - Deputy Mayor Pro Tem Gregson and Mayor Thomaides
<br />Absent: 1 - Council Member Derrick
<br />23. Hold discussion regarding City Council's participation in the Cultural Arts District
<br />Designation efforts, and direction to the City Manager.
<br />A motion was made by Mayor Thomaides, seconded by Council Member
<br />Cary of San Marcos Page 13
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