Res 2018-128/approving a commercial lease agreement with Two Fold, LLC for the lease of space for the WIC Program Satellite Office at 641 North Walnut Avenue, New Braunfels, Texas for a term of 11 months at a rental rate of $1,550.00 per month

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EXHIBIT"C"-ADDENDUM TO COMMERCIAL LEASE 641 N.Walnut Ave. This addendum("Addendum")hereby amends;modifies and supplements that certain Commercial - -- - Lease(the"Lease")effective September 1,2018 herewith by and between the City of San Marcos, - -- - Texas— WIC Program(the"Tenant") and TwoFold, LLC (the "Landlord"). This Addendum is executed contemporaneously with the Lease and in consideration of the parties agreeing to the terms of the Lease as amended hereby. The Lease is amended as follows: 1. - - All obligations of the Tenant, including,but not limited to, any duty toindeinnify under -- -- paragraph 19 or other paragraph, shall be enforceable against Tenant only to the extent permitted by law and with the limitation that Tenant,in no manner waives any limitations on liability or any immunity granted by applicable laws or the Texas Constitution. 2. The limitation on liability of Landlord under paragraph 18 shall not extend to any losses or damages caused in whole or in part by the negligent acts or omissions of Landlord applying applicable principles of comparative negligence. 3. Notwithstanding anything to the contrary in Paragraph 23, Landlord shall not assert or enforce a lien or security interest against any property of Tenant that is not permitted by applicable law to be asserted or enforced against a Texas municipality. Moreover any such lien or security interest shall be subordinate to any interest in property of the State of Texas or the United States of America arising by virtue of any funding agreements such entities may have with the Tenant. 4. The obligations under this Lease are contingent upon the annual appropriation of fluids by the San Marcos City Council based on funding from the Texas Department of State Health Services for the purposes of this Lease. If such funding is not received in any fiscal year during the term of this Lease,the Lease term will be adjusted to terminate concurrently with the end of the period for which funding has been appropriated. Notwithstanding any other provision in this Lease to the contrary, termination of the Lease under this paragraph does not constitute a deafult by Lessee under any provisions of this Lease and the penalties and remedies for default outlined in this Lease are not applicable. 5. Tenant's existing pylon sign at the corner of Walnut and Bavarian will remain in place until such time as the Landlord approves a redesign reducing Tenant's sign space by half to allow other tenants of Landlord in adjacent spaces to add signage to theotherhalf of such pylon. The -- other-tenant-is-responsible-forthe-full-cost-ofany-andall-sigtrrtsodifications a1-as getting any ----- necessary permits from the City of New Braunfels. The Texas WIC logo will be provided and cannot be changed in any way. 6. Landlord shall install a second toilet in the lease space by September 30, 2018. Tenant agrees to pay$500.00 toward the cost of the toilet upon completion. In addition, Landlord may apply $1,500.00 from Tenant's deposit refund for its former leased space at 645 North Walnut toward the cost of the new toilet.