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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a default of this Agreement by Nonprofit. B. Subject to the prohibition stated in paragraph A above, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. C. Upon written request and approval, the City may authorize the Nonprofit to allow members of the public to use the Premises for special classes or authorized activities that relate to the Public Purpose so long as the activity is covered by the Nonprofit's insurance and the Nonprofit agrees to indemnify the City for any damage resulting from the activity. The Nonprofit may charge a usage fee for the activity to be used to pay for Programs sponsored by the Nonprofit or other operating expenses. SECTION 18. CONDEMNATION. If any portion of the Premises is taken for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or should the Premises be sold to a condemning authority under threat of condemnation, this Agreement shall terminate. SECTION 19. DISPUTES; ATTORNEY'S FEES; VENUE. If either party retains an attorney to enforce this Agreement(including, without limitation, the indemnity provisions of this Agreement), the prevailing party is entitled to recover reasonable attorney's fees. Venue for any dispute arising under this Agreement shall be in the state courts having appropriate jurisdiction in Hays County, Texas, or, if in federal court, the United States District Court for the Western District of Texas, Austin Division. SECTION 20. NON-DISCRIMINATION. Nonprofit shall comply with Title VI and Title VII Civil Rights Act of 1964,the Americans with Disabilities Act of 1990, and all other State and Federal laws prohibiting discrimination and shall not discriminate on the basis of race,creed,color,religion,age, sex,national origin,physical disability, or other protected class in its use of the Premises. SECTION 21. ENTIRE AGREEMENT; AMENDMENT. This Agreement is the entire agreement between the Parties. This Agreement supersedes all other oral or written agreements between the Parties pertaining to this transaction, including any other agreement under which all or any portion of the Premises was leased to Nonprofit. This Agreement may be amended only by a written instrument signed by the City and the Nonprofit following approval by the City Council of the City of San Marcos.