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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B. Failure of the Nonprofit to surrender the Premises at the expiration of this Agreement constitutes a holding over which shall be construed as a tenancy from month to month. SECTION 3. RENT/COMPENSATION It is the intent of the Parties that the annual rental payment for this Agreement is to be made by an in-kind contribution of the Nonprofit by providing services to the City and its residents necessary to accomplish the Public Purpose. The memorialized commitment of the Nonprofit established by this Agreement to serve the Public Purpose by complying with all terms and conditions of this Agreement on behalf of the entire City of San Marcos community is to be recognized as legally sufficient consideration. SECTION 4. CARE AND USE OF PREMISES. A. The Nonprofit shall use reasonable care to maintain the Premises in a good condition and take every precaution to prevent damage or destruction to the Premises. The Nonprofit shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. The Nonprofit shall keep the sidewalks and public ways on the Premises, together with any public right-of-way abutting the Premises, free and clear from any obstructions or conditions which might create a hazard, or from any litter and debris. The Nonprofit shall also be responsible for mowing the Premises and areas of public right-of-way abutting the Premises on a regular basis, but no less often than necessary to ensure that grass and weeds do not exceed 12 inches in height in accordance with Chapter 34, Division 2 of the San Marcos City Code. B. The Nonprofit shall not permit any sign on the Premises, except signs relating to the Nonprofit's hours of operation or programs. No political signs supporting candidates or measures shall be placed on the Premises or on the adjacent road right-of way. C. The Nonprofit shall comply with all governmental laws, ordinances, rules, regulations, and orders relating to the Nonprofit's use of the Premises and this Agreement. SECTION 5. MAINTENANCE AND REPAIRS A. The Nonprofit agrees to maintain the Premises in a manner that keeps the Premises safe and in good, clean condition at all times and shall make all needed repairs and replacements to the Premises at its sole cost and expense up to a total of$2,500.00 per incident requiring repair or replacement,including replacement of items such as,but not limited to,cracked or broken glass and light bulbs. The Nonprofit agrees to maintain the Premises by keeping the exterior and interior walls repaired and periodically repainted, and maintain and repair all doors, windows, any molding, and door and window locks at its sole cost and expense up to a total of$2,500.00 per incident requiring repair or replacement. The Nonprofit shall keep the Premises free from all refuse and obstructions that may create unsafe conditions. The Nonprofit shall promptly remove all garbage and refuse of any kind from the Premises and provide routine daily janitorial activities and landscaping services.