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Res 2012-101
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Res 2012-101
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Last modified
1/23/2015 2:20:54 PM
Creation date
8/29/2012 10:17:31 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-101
Date
8/21/2012
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Res 2013-076/Approving a first amendment w/Hays County for extending the lease for WIC office at 401C Broadway Street
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\City Clerk\03 Resolutions\2010's\2013
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waiting period requirements of this lease shall not be necessary in order for Lessor to exercise remedies thereunder. <br />By written agreement of the parties, Lessee may avoid being subjected to the above terms and penalties by <br />extending the lease term for a period of one month (and for as many one -month periods thereafter as agreed to by <br />the parties) at a minimum rate of 125% of the then- current rental rate under this lease. <br />26.1 Signs and Building Name. <br />Except for standard suite signage and building directory listings, there shall be no signs, symbols, or identifying <br />marks on or in the building, halls, elevators, staircases, entrances, parking areas, landscape areas, doors, walls, or <br />windows without prior written approval of Lessor. All signs or lettering shall conform to the sign and lettering <br />criteria established by Lessor. Unless otherwise agreed by the parties, suite signage and building directory changes <br />shall be done exclusively by Lessor and at Lessee's expense. Lessor may remove all unapproved signs without prior <br />notice to Lessee and at Lessee's expense. <br />27.1 Notices. <br />Whenever written notice is required or permitted under this lease, such notice shall be in writing and shall be either <br />(i) hand delivered personally to the party being notified, (ii) hand delivered to or inside such party's mailing address, <br />(iii) delivered by fax provided there is a fax transmittal confirmation, or (iv) delivered at such party's mailing <br />address by overnight commercial courier or by certified mail, return receipt requested. The mailing address of <br />Lessor shall be the address to which Lessee normally mails or delivers the monthly rent unless Lessor notifies <br />Lessee of a different address in writing. The mailing address of Lessee shall be Lessee's office space under this <br />lease unless Lessee notifies Lessor of a different address in writing. Notice by noncertified mail is sufficient if <br />actually received by the addressee or an employee or agent of addressee. The term "notice" shall be inclusive of <br />notices, billings, requests, and demands. <br />28.1 Successors. <br />This lease shall bind and inure to the benefit of the parties, any guarantors of this lease, and their respective <br />successors and assigns. <br />29.1 Building Operating Expense. <br />Unless otherwise agreed by the parties in writing, Lessor shall not charge Lessee for Building Operating Expenses, <br />except those expenses defined in Section 7.2 and Section 8.2 of this Agreement. Valid charges for Building <br />Operating Expenses shall be invoiced pursuant to Section 3. 1, and shall be provided to Lessee in writing. Lessee <br />shall include payment of any outstanding Building Operating Expenses in its next regular rent payment. <br />30.1 Representations and Warranties by Lessor. <br />Lessor warrants that Lessor is the sole owner of the land and improvements comprising the Lease Premises and that <br />Lessor has full right to enter into this lease. Lessor's duties and warranties are limited to those expressly stated in <br />this lease and shall not include any implied duties or implied warranties, now or in the future. No representations or <br />warranties have been made by Lessor other than those expressly contained in this lease. <br />31.1 Place of Performance. <br />Unless otherwise expressly stated in this lease, all obligations under this lease, including payment of rent and other <br />sums due, shall be performed in the county where the office building is located, at the address designated from time <br />to time by Lessor. <br />32.1 Miscellaneous. <br />(a) This lease contains the entire agreement of the parties. NO OTHER WRITTEN OR ORAL PROMISES <br />OR REPRESENTATIONS HAVE BEEN MADE, AND NONE SHALL BE BINDING. This lease <br />supersedes and replaces any previous lease between the parties on Lessee's office space, including any <br />renewals or extensions thereunder. Except for reasonable changes in written rules, this lease shall not be <br />amended or changed except by written instrument, signed by both Lessor and Lessee. LESSOR'S <br />AGENTS DO NOT AND WILL NOT HAVE AUTHORITY TO (1) MAKE EXCEPTIONS, <br />CHANGES OR AMENDMENTS TO THIS LEASE, OR FACTUAL REPRESENTATIONS NOT <br />EXPRESSLY CONTAINED IN THIS LEASE, (2) WAIVE ANY RIGHT, REQUIREMENT, OR <br />PROVISION OF THIS LEASE, OR (3) RELEASE LESSEE FROM ALL OR PART OF THIS <br />Building name: 401C Broadway Street Lessor initials: b j <br />Lessor's Name: Hays County. Texas Lessee initials: <br />Lessee's Name: City of San Marcos. Texas, administering the <br />Women Infants and Children ( "WIC ") ProWomen Infants and Children ("WIC") Marcos <br />10 <br />
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