Res 2020-073/approving a lease agreement with Theodore Breihan, doing business as Ted Breihan Electric Company, for the lease of approximately 10,140 square feet of space along Edward Gary Street, east of South LBJ Drive with a rental rate of $3,500.00 pe

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LEASE OF PROPERTY This Lease is entered into on May 15, 2020, between the City of San Marcos, Texas, 630 East Hopkins Street ("Lessor") and Theodore Breihan, d/b/a Ted Breihan Company, P.O. Box 447, San Marcos, TX 78666 ("Lessee"). SECTION 1. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") in San Marcos, Texas, shown in Exhibit A, attached hereto and made a part hereof, subject to the terms and conditions in this Lease. The Premises may be used for building encroachments, landscaping and parking, and other purposes incidental thereto, only, and for no other purpose. SECTION 2. TERM. The term of this Lease shall for five years beginning on May 15, 2020, and expiring on May 14, 2025, unless sooner terminated as provided in this Lease. SECTION 3. RENT. A. Lessee shall pay to Lessor annually advance fixed rent of Three Thousand Five Hundred Dollars ($3,500.00). Payment for the first year of the advance fixed rent shall be made before the commencement date of the term. B. If Lessor terminates this Lease for any reason other than Lessee's default, or if this Lease is terminated under Section 24, then Lessor shall refund to Lessee the portion of the advanced fixed rent attributable to the period between the effective date of the termination and the expiration date specified in Section 2. The refund shall be calculated on a pro rata basis using a 360 -day year. No refund of advance fixed rent shall be made except as specifically provided in this Section 3.13. SECTION 4. INSURANCE. A. Before commencement of the term of this Lease, Lessee shall provide to Lessor a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B attached hereto and made a part hereof. B. Not more frequently than once every two years, Lessor may reasonably modify the required insurance coverage to reflect then -current risk management practices of Lessor. C. All insurance correspondence, certificates and endorsements shall be directed to: Risk Manager, City of San Marcos, 630 East Hopkins Street, San Marcos, TX 78666.