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Res 2025-128 approving a Second Amended and Restated five-year Lease with the San Marcos Lions Club for the Lions Club to lease a portion of the Pauline Espinosa Community Hall
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Res 2025-128 approving a Second Amended and Restated five-year Lease with the San Marcos Lions Club for the Lions Club to lease a portion of the Pauline Espinosa Community Hall
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8/21/2025 1:12:49 PM
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Resolutions
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Approving
Number
2025-128
Date
8/5/2025
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C. The Lessor's pursuit of any of these remedies will not preclude pursuit of any <br /> other remedies provided under this Lease or by law, nor will pursuit of any remedy <br /> constitute a waiver of any rent due to the Lessor or of any damages caused to the Lessor <br /> by any violation of this Lease by the Lessee. Any failure by the Lessor to enforce a remedy <br /> upon an event of default shall not be deemed to constitute a waiver of the default or of the <br /> Lessor's right to insist on strict compliance with this Lease. <br /> 13.03. Attorney Fees: If it becomes necessary for the Lessor to employ an attorney to <br /> enforce or defend any of the Lessor's rights or remedies because of any breach or default by the <br /> Lessee under this Lease, the Lessee agrees to pay all reasonable attorney's fees incurred by the <br /> Lessor, within 30 days of the Lessor's issuance of a statement for the fees to the Lessee. <br /> Article 14. Landlord's Lien <br /> The Lessee grants to the Lessor a valid first security interest upon all of the Lessee's goods, <br /> chattels, furniture,trade fixtures, inventory and other property upon the Leased Premises to secure <br /> all rents and other sums due or to become due to the Lessor. The Lessee expressly waives all <br /> exemption laws in favor of this security interest; and it is agreed that this express security interest <br /> shall be in addition to, and not as a waiver of or substitute for any statutory or other liens of the <br /> Lessor. In connection with this security interest,it is agreed that in the event of a breach or default <br /> by the Lessee, the Lessor may exercise all rights and remedies provided to a secured party after <br /> default under the Uniform Commercial Code ("UCC"), as adopted and amended in Texas, with <br /> respect to all such property, including, without limitation, the right to take and retain possession <br /> of the property and to sell it at public or private sale, or to use it in any other manner authorized or <br /> provided in the UCC. Upon request by the Lessor, the Lessee agrees to execute and deliver UCC <br /> Financing Statements to the Lessor from time to time as the Lessor deems necessary to perfect the <br /> Lessor's security interest in the property, and proceeds thereof under the provisions of the UCC. <br /> Article 15. Holding Over <br /> If Lessee does not vacate the Leased Premises following termination of this Lease, Lessee <br /> will become a tenant at will and must vacate the Premises on receipt of notice from Lessor. No <br /> holding over by Lessee, whether with or without the consent of Lessor, will extend the Term. <br /> During the period of holding over the Lessee shall be liable for the payment of rent on a prorated <br /> basis equal to two times the annual rent in effect as of the last lease term before the lease <br /> termination date. <br /> Article 15. Miscellaneous <br /> 16.01. Words and Phrases: When the singular number is used in this Lease, it will include <br /> the plural when appropriate,and the neuter gender will include the feminine and masculine genders <br /> when appropriate. <br /> 16.02. Invalidity: If any clause or provision of this Lease is illegal, invalid or <br /> unenforceable under present or future laws, this Lease will remain in effect, and the remaining <br />
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