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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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11.1. Option Period: Tenant Will have the ri to purchase the Leased Premises (lac D <br />841471 at an time durin the first thirt six (36) months of the initial lease term. If <br />Tenant does not exercise its Option to Purchase durin this period, said Option <br />becomes null and void. <br />11.2. Application of Reimbursed Demolition Costs'. An costs reimbursed to Landlord from <br />Tenant under Paragraph 1.2 of this Addendum shall be applied as a credit to the <br />Purchase Price to the benefit of the Tenant <br />11.3. Option Purchase Price,,: The Option Purchase Price shall be fixed at $216,576 for the <br />Leased Premises less an amount (up to $50,000) applied as permitted b Para <br />1.2 of this Addendum A. <br />11.4. Continaencv: The purchase option is contin upon the propert remainin in the <br />TCEQ DCRP, unless a Letter of No Further Action has been issued in advance of <br />purchase. <br />11-5. Inspections: In connection with this option to purchase, Tenant ma conduct such <br />inspections and investi includin environmental site assessments, as it <br />deems necessar <br />11.6. Qeed T If Tenant exercises its Option to Purchase, Seller will execute and deliver <br />to Bu a special warrant deed, at closin <br />12. Sukiect to Annual Appropriations: All obli of Tenant under this Lease A are <br />sub to and contin upon the annual appropriation of lawfull available funds b the <br />San Marcos Cit Council in each fiscal y ear durin the term of this lease. In the event the <br />San Marcos Cit Council fails to appropriate funds for purposes of meetin the obli of <br />Tenant under this lease, this Lease A shall terminate at the end of the last month <br />durin the term for which lawfull available funds were appropriated b the San Marcos Cit <br />Council and Landlord shall have no recourse a Tenant arisin from or as a result of <br />such non-appropriation. <br />13. Indemnification b Tenant.-, Notwithstandin an to the contrar in the Lease A <br />and any addenda thereto, it is expressl a and understood that Tenant shall have no <br />dut or obli to indemnif defend or hold harmless Landlord, except as related to <br />conditions caused b or arisin from Tenant's operations on the leased premises or an <br />construction activities conducted b Tenant under the commercial Leasehold Construction <br />Addendum (Tenant to Complete Construction to the Lease A and then onl to the <br />extent permitted b law and without Tenant waivin an immunit or limitations on liabilit <br />available to it as a g overnmental entit <br />14. Environmental Liability and Indemnification.: In enterin into this Lease A it is <br />understood that Landlord will participate in and maintain re of the leased premises <br />in the TCEQ DCRP. Notwithstandin an other provision in this Lease A to the <br />contrar Tenant is not conductin an independent environmental assessment of the leased <br />premises. Rather, in consideration of the Chapter 380 loan from Tenant to Landlord, <br />Landlord assumes all responsibilit for compl with the TCEQ DCRP pro <br />re and an and all other applicable federal, state and local environmental laws, <br />• Pa 4 of 5 Initialed for Identification b Tenant: 6 m,, , and Landlord: t1 U_ <br />
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