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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event of an emergency. The City will conduct at least one yearly inspection of the Premises to examine the conditions of the Premises and provide written notice of any deficiencies that must be corrected to the Nonprofit. B. The City reserves the exclusive right to permit placement of signs on the Premises, and the right to construct, maintain and operate new and existing facilities (including, without limitation, fences, communication facilities,roadways and utilities)upon over, across or under the Premises, and to grant to others such rights, provided that the Nonprofit's use of the Premises is not interfered with unreasonably. No political signs shall be placed on the Premises or on adjacent road right-of-way. C. The Nonprofit acknowledges that the City makes no representations or warranties, express or implied,concerning the title to the Premises,and that the rights granted to the Nonprofit under this Agreement do not extend beyond such right,title or interest as the City may have in and to the Premises. Without limitation of the foregoing, this Agreement is made subject to all outstanding rights, whether or not of record. SECTION 10. TAXES. The Premises are tax exempt under a public property tax exception pursuant to Section 11.11 of the Texas Tax Code. It is anticipated that continued use of the Premises for a public purpose will result in the retention of the public exemption. All personal property and improvements to the Premises are expected to be tax exempt as well. Although such an event is unlikely,in the event any activity of the Nonprofit on the Premises causes the Premises to lose this tax exemption, the Nonprofit shall be responsible for payment of any resulting taxes owed, and either party may terminate this Agreement. SECTION 11. UTILITIES/OTHER SERVICES The Nonprofit will arrange and pay for all utilities and services supplied to the Premises including monthly security and internet costs. SECTION 12. LIENS. The Nonprofit shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from the Nonprofit's use of the Premises. The City shall have the right to discharge any liens placed on the Premises at the Nonprofit's expense. SECTION 13. RELEASE AND INDEMNITY, A. As a material part of the consideration for this Agreement, the Nonprofit, to the extent it may lawfully do so, waives and releases any and all claims against the City, for, and agrees to indemnify, defend and hold harmless the City, its affiliates, and its and their officers, agents and employees ("Indemnified Parties')from and against, any loss, damage (including, without limitation,punitive or consequential damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty