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Res 2010-122
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Res 2010-122
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Last modified
12/28/2010 11:03:19 AM
Creation date
8/31/2010 11:32:36 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2010-122
Date
8/17/2010
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ADDENDUM TO THE COMMERCIAL LEASE (the "Lease Agreement ") BETWEEN THE <br />UNDERSIGNED PARTIES CONCERNING THE LEASED PREMISES AT 214 E HUTCHISON <br />ST. , SA N MA BOOS, T <br />1. Chapter 330 Economic Development Incentive,: The City Council of the City of San Marcos <br />has determined redevelopment of the Central Business Area to be a major priority. The <br />leased premises are strategically located in the central Business Area, yet have remained <br />vacant due to environmental conditions associated with a dry cleaning business that <br />formerly occupied the leased premises. costs associated with rernediation have <br />demonstrated to be prohibitive for investment purposes. Failure to rernediate environmental <br />conditions on the leased premises to enable redevelopment or other uses will hinder <br />economic development in the central Business Area. The San Marcos City council seeps <br />to promote economic development in the central Business Area by providing a financial <br />incentive under chapter 330 of the Texas Local Government code ( "Chapter 330 ") for the <br />purpose of demolishing certain improvements on the leased premises and operating and <br />maintaining the leased premises in conformance with the Texas Commission on <br />Environmental Quality (the "TCEO ") Dry Cleaning Bemediation Program ( "DCRP "). <br />1.1 Chapter 330 Program Established,: The San Marcos City Council, in authorizing this <br />Lease Agreement, hereby finds that a public necessity exists for and authorizes the <br />establishment of pursuant to chapter 330 of the Texas Local Government Code, a grant <br />program under which the City will make a grant to the Landlord subject to terms <br />hereinafter prodded, to assist in and effectuate the economic development objectives of <br />the City of San Marcos. The City council finds and determines that the economic <br />development program established by this Lease Agreement is necessary to promote <br />local economic development and stimulate business and commercial activity within the <br />City. <br />1.2 Grant to Landlord: Tenant shall provide a grant to Landlord in an amount not to exceed <br />$50,000.00 for the purpose of demolishing the existing structures on the leased <br />premises. The grant to Landlord shall be in the form of a reimbursement to Landlord for <br />its actual costs to demolish the structures on the leased premises as provided below, <br />including costs to fill back to grade. Upon completion of such demolition activities in <br />accordance with paragraph 1.3 Landlord shall subunit an invoice of its expenses to <br />Tenant. Within 30 days following the receipt of such invoice, Tenant shall render <br />payment to Landlord in the amount of the invoice up to $50,000.00. Landlord shall be <br />solely responsible for all expenses in excess of $50,000.00. <br />1.3 Demolition and Compliance with the TCE0 DCBP: In consideration of the grant to <br />Landlord under paragraph 1.2 Landlord shall demolish existing structures and <br />improvements on the leased premises and fill back the area to a rough, compacted <br />grade utilizing pit fill (e.g., sandy loam or like) . Landlord will not provide a TxDot grade <br />base, will not complete any compaction tests, and will not conduct any site /soil <br />engineering for Tenant's use. The leased premises are registered in the TCEQ DCBP. <br />Landlord shall perform all demolition activities in accordance with any requirements of <br />the TCEQ under the DCRP. All demolition activities, including back fill and grading shall <br />Page I of 5 <br />Initialed for f dentifi cati on T <br />by cant. and landlord. _ <br />
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