Res 2024-086 approving a ten-year lease agreement with the Greater San Marcos Area Seniors Association, Inc., a 501(c)(3) nonprofit, for the lease of the Price Center

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INSURANCE SHALL LIMIT THE EXTENT OF THE RELEASE AND INDEMNITY PROVISIONS OF THIS SECTION 13. NOTHING HEREIN SHALL LIMIT ANY IMMUNITY DEFENSE AVAILABLE TO THE CITY AS A GOVERNMENTAL ENTITY. SECTION 14. TERMINATION. A. Either Party may terminate this Agreement for the other Party's default by giving the defaulting Party notice of termination if either Party defaults under any obligation under this Agreement and, after written notice is given by the other Party specifying the default, the defaulting Party fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given. The City may terminate this Agreement by giving notice of termination to the Nonprofit if Nonprofit abandons the Premises for a period of one hundred twenty (120) consecutive days. B. In the event that in any year of this Agreement City Council determines there are not sufficient finds available in the budget for the City's portion of building maintenance and repair or any other obligation under this Agreement, the City may terminate this Agreement by providing the Nonprofit with one hundred eighty (180) days-notice of the termination. C. Failure of the Nonprofit to comply with any term or condition of this Agreement, including, but not limited to failure to maintain the Premises as required in Section 5a above, failure to submit required reports, or failure to provide services as set forth in Exhibit B shall constitute a default under this Agreement. D. In the event the Nonprofit has a fining agreement from the City and the funding agreement is terminated by the City for default by the Nonprofit, the City may terminate this Agreement with thirty (30) days-notice to the Nonprofit. SECTION 15. REPORTS. A. The Nonprofit agrees to provide quarterly reports as required by the City relating to its performance and expenditures of funds under the terms of this Contract. Quarterly reports are due by the 15th of the month following the end of each quarter with the first of these reports being due on or prior to July 15,2025, for the period from April 1, 2024 through June 30, 2024. ("Report 1"). The City of San Marcos requires that detailed records be kept related to staffing, staffing compensation and hours of operation along with attendance documents related to visitors of the Nonprofit._ B. As clarification,reports will be for the following periods: October 1,2024 through December 31, 2024(Report#1) January 1,2025 through March 31,2025 (Report#2) April 1, 2025 through June 30,2025 (Report#3) July 1,2025 through September 30, 2025 (Report#4) C. Quarterly report documents required: