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Res 2010-122
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Res 2010-122
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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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be completed on or before Januar 1, 2011 except as allowable under Para 3B of <br />the Lease A Completion shall be deemed to have occurred when Landlord <br />has received all approvals from the Cit of San Marcos indicatin that the demolition is <br />properl completed and the lot properl cleared and cleaned under applicable codes and <br />an applicable TCEQ approvals, clearances and permits. Thereafter, Landlord shall <br />continue to compl with the re of the TCEO DRCP throu the duration of the <br />lease term. <br />1.4 Default. Tenant ma declare a default and seek reimbursement of all or an portion of <br />the Chapter 380 g rant funds paid to Landlord if Landlord fails, refuses or ne to <br />compl with the re of para 1.3, or made or makes an representation <br />relied upon b Tenant in connection with this Lease A that is false or <br />misleadin The remedies in this para are in addition to an other relief to which <br />Tenant ma be entitled under the terms of this Lease A or under applicable <br />laws. <br />2. Contin Landlord is currentl Bu in an executor purchase contract for the <br />Leased Premises. Hence, this Lease A is contin upon Landlord closin on the <br />purchase of said Leased Premises no later than November 1, 2010. If Landlord has not <br />closed on the Leased Premises in advance of November 1, 2010, Landlord shall notif <br />Tenant and this Lease A and all related Addenda shall become null and void. <br />Landlord reserves the ri to terminate its executor purchase contract for the Leased <br />Premise for an reason permissible under said executor purchase contract. Tenant's <br />obli under this Lease A are further contin upon Landlord properl <br />completin all demolition activities re under the Lease A and this addendum. <br />This Para supersedes all others sections of this Lease A includin an <br />incorporated addenda. <br />3. Commencement Date: The portion of Para 3A of the Lease A that <br />references "See Addendum A"' shall read as follows.* "30-da after the completion of the <br />demolition of existin improvements as described in Para A ( 1 ) of the Commercial <br />Leasehold Construction Addendum (Landlord to Complete Construction) to the Lease <br />A and not later than Januar 1, 2011, except as allowable under Para 313 of <br />the Lease A Further, upon the completion of the demolition of existin <br />improvements as described in Para A(1 of the Commercial Leasehold Construction <br />Addendum (Landlord to Complete Construction), Landlord and Tenant shall ratif the <br />specific Commencement and Expiration Dates of the Lease A in writin to be <br />incorporated as part of this Lease. <br />4. Lease Extension: After the initial lease term, the term ma be extended on a y ear-to- y ear <br />basis provided ninet (90) da written notice to Landlord from Tenant, sub to Landlord <br />approval which it ma withhold for an reason. The Base Rent Rate durin an subse <br />extension term will be ad to reflect an chan in the Consumer Price Index for "All <br />Urban Consumers, U.S. Cit Avera All Items", issued b the Bureau of Labor Statistics of <br />the U.S. Department of Labor. The Ad will be determined b multipl the Lease <br />Rate for the last month of the initial lease term b the followin fraction.- ( i) the numerator will <br />be the published index number for Januar in the y ear the additional term commences; and <br />(ii) the denominator will be the published index number for Januar 2011. <br />Pa 2 of 5 Inifialed for Idenfificafion b Tenant: 61t.1 1 , and Landlord: <br />
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