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CITY OF SAN MARCOS FACILITY LEASE AGREEMENT <br /> FOR NONPROFIT TENANTS <br /> This Lease Agreement ("this Agreement") is entered into on the day of <br /> , 2023, between the City of San Marcos, Texas, ("the City"), a Texas home <br /> rule municipality, and Austin Community College, ("ACC"), collectively referred to as Parties <br /> (`the Parties"). <br /> RECITALS: <br /> 1. ACC is a community college district that promotes student success and community <br /> development by providing affordable access, through traditional and distance learning modes, to <br /> higher education and workforce training. <br /> 2. It is the desire of the City Council of the City of San Marcos and the Board of Trustees <br /> of ACC to enter into this Agreement to set forth the terms by which the City will lease to ACC the <br /> City facility commonly known as City Hall Complex Building 2 from which ACC will carry out <br /> its public purpose in San Marcos for the benefit of the City and its residents. <br /> NOW, THEREFORE,THE PARTIES MUTUALLY AGREE AS FOLLOWS: <br /> SECTION 1. PREMISES; PUBLIC PURPOSE. <br /> A. The City leases to ACC and ACC leases from the City the premises in San Marcos, <br /> Texas, located at 630 E. Hopkins, Building 2, San Marcos, TX 78666 as further described on <br /> Exhibit "A" attached hereto and incorporated herein for all purposes ("the Premises"), subject to <br /> the terms and conditions contained in this Agreement and to be used solely for the public purpose <br /> of operating and administering ACC's distance learning program in the City to provide workforce <br /> training classes ("the Public Purpose"). <br /> B. The Premises may not be used for any other purpose than the Public Purpose. The <br /> failure of ACC to maintain the use of the Premises solely for the Public Purpose shall be considered <br /> a breach of this Agreement and will result in the automatic termination of this Agreement. <br /> SECTION 2. TERM. <br /> A. The term of this Agreement shall commence on the date on which authorized <br /> representatives of both parties have signed below following the approval of the City Council of <br /> the City of San Marcos ("the Effective Date") and, unless sooner terminated as provided in this <br /> Agreement, shall extend for a period of three (3) years from the Effective Date. If ACC seeks to <br /> extend the term of this Agreement beyond three years, ACC shall provide written notice to the <br /> City one hundred eighty days (180) before the expiration of the Agreement to express its intent to <br /> renew. Any renewal must be by the mutual agreement of the City and ACC and must be approved <br /> by the San Marcos City Council. <br /> B. Failure of ACC to surrender the Premises at the expiration of this Agreement <br />