Res 2023-149R approving a ten-year agreement with The Teacher Reuse for the lease of space at 1040 Highway 123 for the nonprofit purpose of storing donated educational and classroom materials for teachers

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CITY OF SAN MARCOS FACILITY LEASE AGREEMENT FOR NONPROFIT TENANTS This Lease Agreement ("this Agreement") is entered into on the 19 day of September, 2023, between the City of San Marcos, Texas, ("the City"), a Texas home rule municipality, and The Teacher Reuse, a Texas nonprofit corporation ("the Nonprofit"), collectively referred to as Parties (`the Parties"). RECITALS: 1. The Nonprofit is a Nonprofit entity has as its public purpose the operation and administration of providing much-needed classroom supplies and materials to teachers at no cost. 2. It is the desire of the City Council of the City of San Marcos and the Board of Directors of the Nonprofit to enter into this Agreement to set forth the terms by which the City will lease to the Nonprofit the City facility commonly known as old SMEU or in the future 123 from which the Nonprofit will carry out its public purpose in San Marcos for the benefit of the City and its residents. NOW, THEREFORE,THE PARTIES MUTUALLY AGREE AS FOLLOWS: SECTION 1. PREMISES; PUBLIC PURPOSE. A. The City leases to Nonprofit and Nonprofit leases from the City the premises in San Marcos, Texas, located at 1040 Hwy 123 as further described on Exhibit "A" attached hereto and incorporated herein for all purposes("the Premises"), subject to the terms and conditions contained in this Agreement and to be used solely for the public purpose of operating and administering The Teachers Reuse in the City to provide free classroom supplies and materials to teachers ("the Public Purpose"). The Premises are more clearly described in the Hays County Central Appraisal District records as: Parcel CSM021, 1040 HWY123, San Marcos, TX 78666. B. The Premises may not be used for any other purpose than the Public Purpose. The failure of the Nonprofit to maintain the use of the Premises solely for the Public Purpose shall be considered a, breach of this Agreement and will result in the automatic termination of this Agreement. SECTION 2. TERM. A. The term of this Agreement shall commence on the date on which authorized representatives of both parties have signed below following the approval of the City Council of the City of San Marcos ("the Effective Date") and, unless sooner terminated as provided in this Agreement, shall extend for a period of ten (10) years from the Effective Date. If the Nonprofit seeks to extend the term of this Agreement beyond ten years, the Nonprofit shall provide written notice to the City one hundred eighty days (180)before the expiration of the Agreement to express its intent to renew. Any renewal must be by the mutual agreement of the City and Nonprofit and must be approved by the San Marcos City Council.