Res 2003-043 - Laserfiche WebLink

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118. Property Use Agreement This property use agreement, dated March 3,2003, is between Southwest Texas State University (SWT) and the City of San Marcos (the City). Background 1.01. The City owns property along Charles Austin Drive in San Marcos, Hays County, Texas that SWT desires to use for parking purposes. This property (called the Charles Austin Drive Property in this agreement) is more particularly described in Exhibit A, attached to this agreement and made a part of it for all purposes. 1.02. SWT leases property from the Southwest Texas State University Support Foundation, a Texas nonprofit corporation. This property (called the Fire Station Studio Parking Lot in this agreement) is located behind the Support Foundation's Fire Station Studio in San Marcos, Hays County, Texas. The property included in this agreement is more particularly described in Exhibit B, attached to this agreement and made a part of it for all purposes. The City desires to use this property for parking purposes. 1.03. This agreement sets forth the terms under which the City will permit SWT to use the Charles Austin Drive Property and SWT will permit the City to use the Fire Station Studio Parking Lot. 2. Agreement and Term 2.01. SWT agrees to allow the City the exclusive use of the portion of the Fire Station Studio Parking Lot described in Exhibit B and the City agrees to allow SWT the exclusive use of the Charles Austin Drive Property during SWT class days, and during SWT events, for a period of three years, beginning April 1, 2003 and ending March 31, 2006. For this purpose, "during SWT class days" means from 7:00 am to 5:00 pm on any day that SWT classes are scheduled, and "during SWT events" means during hours determined by SWT on a day on which a scheduled athletic activity is conducted at SWT's softball or baseball field adjoining Charles Austin Drive. The general public will be permitted by the parties to use the Charles Austin Drive property at all times other than during SWT class days, and during SWT events, for vehicle parking in connection with the use of the adjoining City property for park and recreational purposes. 2.02. The parties may, by written agreement, extend the term of this use agreement for such additional time as they later determine is appropriate. However, at the end of this agreement's term, each party will surrender the property it has received to the other in good order and condition, reasonable wear and tear excepted. 2.03. Either party may terminate this agreement for any reason by giving the other party at least 60 days' written notice. 3~ Property Use and Maintenance 3.01. Each party will use the property that it receives under this agreement for vehicle parking. Neither party will use the property for any other purpose without the other party's prior written consent. Similarly, neither party will erect permanent improvements on the property it receives without the other party's prior written consent. If either party makes permanent improvements to the property it receives, such permanent improvements will become the real property owner's property when this agreement terminates. 3.02. Each party will pay for utilities associated with the property it receives under this agreement. -1-