Res 2023-197R approving a three-year lease agreement with Austin Community College for the lease of space at City Hall Complex Building 2 for distance learning programs to provide workforce training classes

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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 ACC as given in Section 5a and Section 11, by providing services to the City and its residents necessary to accomplish the Public Purpose. The memorialized commitment of ACC 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. ACC shall use reasonable care to maintain the Premises in a good condition and take every precaution to prevent damage or destruction to the Premises. ACC 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. ACC 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. S. ACC shall not permit any sign on the Premises, except signs relating to ACC'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. ACC shall comply with all governmental laws, ordinances, rules, regulations and orders relating to ACC's use of the Premises and this Agreement. D. Any costs or expenses related to the maintenance, use, or operation of the Premises which are not specifically allocated to the City under this Agreement shall be the responsibility of ACC. SECTION 5. MAINTENANCE AND REPAIRS A. ACC agrees to maintain the Premises in a manner that keeps the Premises safe and in good, clean condition at all times and shall compensate the City for its share of janitorial services and make all needed repairs and replacements to the Premises at its sole cost and expense up to a total of$2,000.00 per incident requiring repair or replacement, including replacement of items such as, but not limited to, cracked or broken glass and light bulbs. ACC 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$2,000.00 per incident requiring repair or replacement. ACC shall keep the Premises free from all refuse and obstructions that may create unsafe conditions. ACC shall promptly remove all garbage and refuse of any kind from the Premises and the City shall provide routine daily janitorial activities and landscaping services. In lieu of Section 5. A, ACC agrees to provide a mutually determined number of spots per course at no charge to the City.