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Res 2025-065 approving a ten-year lease agreement with Calaboose African American History Museum, a 501(c)(3) nonprofit corporation, for the lease of the Calaboose Museum located at 200 West Martin Luther King Drive
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Res 2025-065 approving a ten-year lease agreement with Calaboose African American History Museum, a 501(c)(3) nonprofit corporation, for the lease of the Calaboose Museum located at 200 West Martin Luther King Drive
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4/7/2025 4:03:56 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2025-065
Date
4/1/2025
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Agreement, shall extend for a period of ten (10) years from the Effective Date, April 1, 2025. If <br /> the Nonprofit seeks to extend the terns of this Agreement beyond ten years, the Nonprofit shall <br /> provide written notice to the City one hundred eighty days (180) before the expiration of the <br /> Agreement to express its intent to renew. Any renewal must be by the mutual agreement of the <br /> City and Nonprofit and must be approved by the San Marcos City Council. <br /> B. Failure of the Nonprofit to surrender the Premises at the expiration of this <br /> Agreement constitutes a holding over which shall be construed as a tenancy from month to month. <br /> SECTION 3. RENT/COMPENSATION <br /> It is the intent of the Parties that the annual rental payment for this Agreement is to be made <br /> by an in-kind contribution of the Nonprofit by providing services to the City and its residents <br /> necessary to accomplish the Public Purpose. The memorialized cormnitnlent of the Nonprofit <br /> established by this Agreement to serve the Public Purpose by complying with all terms and <br /> conditions of this Agreement on behalf of the entire City of San Marcos community is to be <br /> recognized as legally sufficient consideration. Additional terms include permissions for the use of <br /> the facility by City personnel for meeting space, if scheduled in advance. <br /> SECTION 4. CARE AND USE OF PREMISES. <br /> A. The Nonprofit shall use reasonable care to maintain the Premises in a good <br /> condition and take every precaution to prevent damage or destruction to the Premises. The <br /> Nonprofit shall not use or permit the use of the Premises for any unlawful purpose, maintain any <br /> nuisance, permit any waste, or use the Premises in any way that Creates a hazard to persons or <br /> property. The Nonprofit shall keep the sidewalks and public ways on the Premises, together with <br /> any public right-of-way abutting the Premises,free and clear from any obstructions or conditions <br /> which might create a hazard,or from any litter and debris.The Nonprofit shall also be responsible <br /> for mowing the Premises and areas of public right-of-way abutting the Premises on a regular basis, <br /> but no less often than necessary to ensure that grass and weeds do not exceed 12 inches in height <br /> in accordance with Chapter 34, Division 2 of the San Marcos City Code. <br /> B. The Nonprofit shall not permit any sign on the Premises, except signs relating to <br /> the Nonprofit's hours of operation or programs. No political signs supporting candidates or <br /> measures shall be placed on the Premises or on the adjacent road right-of way. <br /> C. The Nonprofit shall comply with all governmental laws, ordinances, rules, <br /> regulations and orders relating to the Nonprofit's use of the Premises and this Agreement. <br /> D. Any costs or expenses related to the maintenance, use,or operation of the Premises <br /> which are not specifically allocated to the City under this Agreement shall be the responsibility of <br /> the Non-Profit <br /> SECTION S. MAINTENANCE AND REPAIRS <br /> A. The Nonprofit agrees to maintain the Premises in a manner that keeps the Premises <br />
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