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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7.04. Indemnity and Hold Harmless: A. The Lessee agrees to hold harmless, indemnify and defend the Lessor and its officers, agents and employees from and against all claims,suits and actions by third parties for loss of life,personal injury or property damage arising in connection with the use of the Leased Premises by the Lessee, its agents, contractors, employees, servants, invitees or licensees. B. The Lessee shall use the Leased premises and use, occupy and store property on the Leased Premises at its own risk, and the Lessee agrees to hold harmless and release the Lessor, and its officers, agents and employees from all claims, suits and actions by the Lessee for loss of life, personal injury or property damage resulting therefrom. C. In case the Lessor is made a party to any litigation commenced by or against the Lessee that is covered by this paragraph, then the Lessee shall hold the Lessor harmless from and pay all costs and expenses of the Lessor related to the litigation, including the fees of attorneys and expert witnesses. Article 8. Hotel Occupancy Data Lessee agrees to record at the point of tube rental, in a method and on a form approved by the City Manager of the Lessor: a)the number of tube renters staying in San Marcos hotels,motels, tourist homes, tourist houses, tourist courts, lodging houses, inns, rooming houses, or bed and breakfasts (collectively, "Hotels"); and b)the number of room nights such tube renters are staying in such Hotels. Article 9. Litter Abatement 9.01 The Lessee shall assist in the cleanup of the San Marcos River in and around the area of the City recreation building during City of San Marcos designated river cleanup events. 9.02 The Lessee shall provide an employee to remove litter from the parks, riverbanks, and the City Park parking area a minimum of 2 hours each operating day Monday—Friday and 4 hours each day Saturday— Sunday. 9.03 The Lessee shall remove litter from the following city owned parks commonly known as: City Park, Dog Beach, and a defined area of Rio Vista Park. The Lessee shall remove litter from the area between the concession stand at Rio Vista Falls to Reynolds Street along Cheatham Street. Article 10. Condemnation 10.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall terminate as of the date the title vests in the proceeding.