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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Leased Premises for any purpose other than permitted by this Lease shall constitute a default. 3.02. Lessee is granted permission to place a temporary concession stand on the concrete slab located in Rio Vista Park, or such other location as approved in writing by the Lessor's City Manager or their designee. The concession stand may not be placed prior to May 1 of each year and must be completely removed by October 1 of each year. 3.03. In exchange for the right to sell concessions in Rio Vista Park, the Lion's Club will make an annual donation to the City Marshal/Park Ranger division care of the San Marcos Parks and Recreation Department in the amount of$285 per day that the concession stand is open for the purposes of purchasing or replacing equipment used to perform their daily duties in the riverfront parks. The regular days of operation shall be Thursday, Friday, Saturday, Sunday, and holidays (Memorial Day, 0' of July and Labor Day). Closures due to inclement weather will not be counted as an operating day. Operating days are expected to be as follows: 2026 Season (Mayl —September 30): 67 Days 2027 Season(Mayl —September 30): 68 Days 2028 Season (May 1 — September 30): 69 Days 2029 Season(May 1 —September 30): 71 Days 2030 Season (May 1 — September 30): 70 Days 3.04. The Lessee shall not place or keep anything on the Leased Premises or use the Leased Premises for any purpose which increases the insurance premium cost or invalidates any insurance policy carried on the Leased Premises without the Lessor's prior written consent. The Lessee agrees that the risk of loss and damage for all property kept, stored or maintained by it within the Leased Premises shall be the Lessee's. 3.05. The Lessee shall not use or permit the use of the Leased Premises in any manner that results in waste of the Leased Premises,or constitutes a nuisance,or violates any statute,ordinance, rule or regulation that applies to the Leased Premises. 3.06. The Lessee shall keep the Leased Premises, used by Lessee, neat, clean, and free from dirt and trash at all times. 3.07. The Lessor shall be responsible for cleaning and maintaining the public restrooms in the Pauline Espinosa Community Hall to be used by Lessee in connection with its authorized activities according to Lessor's usual and customary cleaning schedules and standards, as determined by Lessor in its sole discretion. Although Lessor has primary responsibility to clean and maintain restrooms, Lessee agrees to and will clean the restrooms on an as needed basis between the Lessor's regular cleanings. The Lessor shall provide trash bin liners, paper towels, and toilet paper to the Lessee, and the Lessee shall replace these items in the public restrooms as necessary.