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Res 2021-065/approving the renewal of a lease agreement between the City of San Marcos and San Marcos Lions Club providing for a five year lease of a portion of the City Recreation Building located in City Park for an annual rent of $11,900
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Res 2021-065/approving the renewal of a lease agreement between the City of San Marcos and San Marcos Lions Club providing for a five year lease of a portion of the City Recreation Building located in City Park for an annual rent of $11,900
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10/13/2022 4:53:11 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2021-65
Date
4/6/2021
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Lessor's right to insist on strict compliance with this Lease. <br />13.03. Attorney: If it becomes necessary for the Lessor to employ an attorney to <br />enforce or defend any of the Lessor's rights or remedies because of any breach or default by the <br />Lessee under this Lease, the Lessee agrees to pay all reasonable attorney's fees incurred by the <br />Lessor, within 30 days of the Lessor's issuance of a statement for the fees to the Lessee. <br />Article 14. Landlord's Lien <br />The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's goods, <br />chattels, furniture, trade fixtures, inventory and other property upon the Leased Premises to secure <br />all rents and other sums due or to become due to the Lessor. The Lessee expressly waives all <br />exemption laws in favor of this security interest; and it is agreed that this express security interest <br />shall be in addition to, and not as a waiver of or substitute for any statutory or other liens of the <br />Lessor. In connection with this security interest, it is agreed that in the event of a breach or default <br />by the Lessee, the Lessor may exercise all rights and remedies provided to a secured party after <br />default under the Uniform Commercial Code ("UCC"), as adopted and amended in Texas, with <br />respect to all such property, including, without limitation, the right to take and retain possession <br />of the property and to sell it at public or private sale, or to use it in any other manner authorized or <br />provided in the UCC. Upon request by the Lessor, the Lessee agrees to execute and deliver UCC <br />Financing Statements to the Lessor from time to time as the Lessor deems necessary to perfect the <br />Lessor's security interest in the property, and proceeds thereof under the provisions of the UCC. <br />Article 15. Holding Over <br />If Lessee does not vacate the Leased Premises following termination of this Lease, Lessee <br />will become a tenant at will and must vacate the Premises on receipt of notice from Lessor. No <br />holding over by Lessee, whether with or without the consent of Lessor, will extend the Term. <br />During the period of holding over the Lessee shall be liable for the payment of rent on a prorated <br />basis equal to two times the annual rent in effect as of the last lease term before the lease <br />termination date. <br />Article 15. Miscellaneous <br />16.01. Words and Phrases: When the singular number is used in this Lease, it will include <br />the plural when appropriate, and the neuter gender will include the feminine and masculine genders <br />when appropriate. <br />16.02. Invalidity: If any clause or provision of this Lease is illegal, invalid or <br />unenforceable under present or future laws, this Lease will remain in effect, and the remaining <br />provisions will continue in force if they can be given effect without the invalid portion. <br />16.03. Amendment: This Lease may be amended only by an instrument in writing signed <br />by both parties. <br />
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