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<br />I <br /> <br />RESOLUTION NUMBER. 2007- 76 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, APPROVING AN AMENDED LEASE AGREEMENT <br />BETWEEN THE CITY AND THE SAN MARCOS LIONS CLUB FOR THE <br />LEASE OF PORTIONS OF THE RECREATION BUILDING IN CITY PARK, <br />AND TO ALLOW OPERATION OF A CONCESSION STAND IN RIO VISTA <br />PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT; AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. On April 11, 1991, the City executed a Lease of Park Premises (the "Lease") with <br />the San Marcos Lions Club for portions of the Recreation Building in City Park. The Lease, <br />which was approved by the voters at the May 5, 1990, City election, provided for an initial five- <br />year term, and for up to three five-year options to renew. <br /> <br />2. On March 26, 1996, the City executed a renewal of the Lease for a five-year <br />period; and, on July 9,2002, the City executed the second five-year renewal for this Lease. <br /> <br />I <br /> <br />3. The San Marcos Lions Club has requested a third five-year renewal of the Lease, <br />and the Parks and Recreation Advisory Board has recommended that the request be approved by <br />the City Council. <br /> <br />4. The San Marcos Lion's Club also requested permission to operate a concession <br />stand in Rio Vista Park. In exchange the exclusive right to sell concessions in City Park and Rio <br />Vista Park, the Lion's Club has offered to pay to the City 75% of the net profits from the <br />proceeds of their concession operations. These funds will be deposited in the same fund that is <br />being created for the franchising of river shuttles. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />PART 1. The attached lease agreement between the City and the San Marcos Lions Club <br />for a third five-year renewal of the Lease is approved. <br /> <br />PART 2. The City Manager, Dan O'Leary, is authorized to execute the agreement on <br />behalf of the City. <br /> <br />PART 3. The funds received from the operation of the Lion's Club concession shall be <br />deposited in a fund established for use by the Park Department. The use of these funds shall be <br />restricted to litter control, park ranger enforcement, parking and street repair for the areas <br />bordering the San Marcos River, and other bona fide San Marcos River Projects. <br /> <br />I <br />