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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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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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Agreement
Number
2020-73
Date
3/17/2020
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SECTION 11. CARE AND USE OF PREMISES. <br />A. Lessee shall use reasonable care and caution against damage or destruction to the <br />Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain <br />any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or <br />property. Lessee shall keep the sidewalks and public ways on the Premises, together with any <br />public right-of-way abutting the Premises, free and clear from any obstructions or conditions <br />which might create a hazard, or fiom any litter and debris. Lessee shall also be responsible for <br />mowing the Premises and areas of public right-of-way abutting the Premises on a regular basis, <br />but no less often than necessary to ensure that grass and weeds do not exceed 12 inches in height <br />in accordance with Chapter 34, Division 2 of the San Marcos City Code, <br />B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's <br />business that are authorized by permit from the Lessor. No political signs shall be placed on the <br />Premises or on the adjacent city road right of ways. <br />C. If any improvement on the Premises other than the Lessor Improvements is <br />damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such <br />casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove such <br />debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30) days <br />after rendition of Lessor's bill. <br />D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and <br />orders relating to Lessee's use of the Premises and this Lease. <br />SECTION 12. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES, <br />A. Without the prior written consent of Lessor, Lessee shall not use or permit the use <br />of the Premises for the generation, use, treatment, manufacture, production, storage or recycling <br />of any Hazardous Substances, except that Lessee may use, if lawful, small quantities of common <br />chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the <br />Premises. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may <br />be subject to conditions in addition to those set forth below. It shall be the sole responsibility of <br />Lessee to determine whether or not a contemplated use of the Premises is a Hazardous Substance <br />use. <br />B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous <br />Substances, (ii) bring any hazardous wastes as defined in the Resource Conservation and Recovery <br />Act, 42 U.S.C. §6901 et seq., as amended ("RCRA") onto the Premises, or (iii) install or use on <br />the Premises any underground storage tanks. <br />G If Lessee uses or permits the use of the Premises for a Hazardous Substance use, <br />with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification <br />numbers and notices issued by governmental agencies in connection with such Hazardous <br />Substance use, together with such other information on the Hazardous Substance use as may be <br />requested by Lessor. If requested by Lessor, Lessee shall cause to be performed an environmental <br />K <br />
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