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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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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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10/10/2023 9:34:20 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-149
Date
9/19/2023
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B. In the event any repair or maintenance item for the Premises requires an expenditure <br /> greater than$2,500.00 per incident of repair or maintenance,the Nonprofit may request in writing <br /> that the City perform that portion of the repairs or maintenance which will exceed$2,500.00. The <br /> City may, at its discretion, perform the requested maintenance or repairs. In the event the City <br /> chooses to perform maintenance or repairs at any time on the Premises,the Nonprofit shall provide <br /> the City with access to the Premises at all reasonable times for performance of the maintenance or <br /> repairs and shall cooperate with the City in providing access or cordoning off of areas from the <br /> public,as necessary for the performance of the needed maintenance or repairs. Where maintenance <br /> or repairs are performed or paid for by the City,the City shall have sole discretion in all decisions <br /> related to the repairs or maintenance, including, but not limited to design, type of materials, and <br /> method of acquisition of materials and services. <br /> SECTION 6. IMPROVEMENTS. <br /> No alterations, improvements or installations may be made on the Premises without the <br /> prior written consent of the City. Any alternations, improvements or installations must comply <br /> with all City Code requirements. <br /> SECTION 7. CONDITION OF PREMISES. <br /> The Nonprofit has examined the Premises and accepts the Premises in its current"As Is" <br /> condition. <br /> SECTION 8. INSURANCE. <br /> A. Before commencement of the term of this Agreement and at least once every year <br /> thereafter, the Nonprofit shall provide the City a certificate issued by its insurance carrier <br /> evidencing the insurance coverage required by this Agreement. The amount of insurance required <br /> is $1,000,000.00 for commercial general liability coverage. The policy shall list the City as an <br /> additional insured. <br /> B. Not more frequently than once every two years, the City may reasonably modify <br /> the required insurance coverage to reflect then-current risk management practices of the City. <br /> C. All insurance correspondence, certificates and endorsements shall be directed to: <br /> Risk Manager, City of San Marcos, 630 East Hopkins Street, San Marcos, TX 78666. <br /> D. The Nonprofit shall carry insurance sufficient to cover the value of its personal <br /> property and any improvements owned by it on the Premises. <br /> SECTION 9. RESERVATIONS, TITLE,AND PRIOR RIGHTS. <br /> A. The City reserves to itself, its agents, and contractors the right to enter the Premises <br /> during normal business hours at such times as will not unreasonably interfere with the Nonprofit's <br /> use of the Premises, and, when necessary, at times outside of normal business hours. The City <br /> shall be given keys to the Premises and any security code needed for access to the Premises. The <br /> City will provide sufficient notification, twenty-four hours at a minimum, to the Nonprofit of its <br /> intent to enter the Premises, except that the City may enter the Premises without such notice in the <br />
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