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

Home Browse Search

C. All insurance correspondence, certificates and endorsements shall be directed to: Risk Manager, City of San Marcos, 630 East Hopkins Street, San Marcos,TX 78666. D. The Nonprofit shall carry.insurance sufficient to cover the value of its personal property and any improvements owned by it on the Premises. SECTION 9. RESERVATIONS,TITLE AND PRIOR RIGHTS. A. The City reserves to itself, its agents and contractors the right to enter the Premises during normal business hours at such times as will not unreasonably interfere with the Nonprofit's use of the Premises, and, when necessary, at times outside of normal business hours. The City shall be given keys to the Premises and any security code needed for access to the Premises. The City will provide sufficient notification, twenty-four hours at a minimum, to the Nonprofit of its intent to enter the Premises,except that the City may enter the Premises without such notice in the event of an emergency. The City will conduct at least one yearly inspection of the Premises to examine the conditions of the Premises and provide written notice of any deficiencies that must be corrected to the Nonprofit. B. The City reserves the exclusive right to permit placement of signs on the Premises, and the right to construct, maintain and operate new and existing facilities (including, without limitation,fences,communication facilities,roadways and utilities) upon over,across or under the Premises, and to grant to others such rights, provided that the Nonprofit's use of the Premises is not interfered with unreasonably. No political signs shall be placed on the Premises or on adjacent road right-of-way. C. The Nonprofit acknowledges that the City makes no representations or warranties, express or implied,concerning the title to the Premises,and that the rights granted to the Nonprofit under this Agreement do not extend beyond such right,title or interest as the City may have in and to the Premises. Without limitation of the foregoing, this Agreement is made subject to all outstanding rights, whether or not of record. SECTION 10. TAXES. The Premises are tax exempt under a public property tax exception pursuant to Section 11.1 t of the Texas Tax Code. It is anticipated that continued use of the Premises for a public put-pose will result in the retention of the public exemption. All personal property and improvements to the Premises are expected to be tax exempt as well. Although such an event is unlikely, in the event any activity of the Nonprofit on the Premises causes the Premises to lose this tax exemption, the Nonprofit shall be responsible for payment of any resulting taxes owed, and either party may terminate this Agreement. SECTION 11. UTILITIES/OTHER SERVICES The Nonprofit will arrange and pay for all utilities and services supplied to the Premises including, but not limited to,monthly security,telephone service, electric, gas, and water services, cable and