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<br />76
<br />
<br />AGREEMENT FOR SHORT-TERM LEASE OF PUBLIC LANDS
<br />- - - - -----
<br />
<br />The City of San Marcos (Lessor) hereby agrees to lease parkland bounded
<br />by Hopkins Street, the M-K-T railroad tracks, and the U. S. Army Reserves
<br />building to the San Marcos Chamber of Commerce (Lessee), for the purpose of
<br />allowing Lessee to conduct a circus on March 6, 1987, at said location, in
<br />consideration for the following:
<br />
<br />1. Lessee hereby agrees to procure and maintain, or cause to be
<br />procured and maintained, insurance coverage for bodily injury and property
<br />damage which may arise from the activities which are the subject of this
<br />lease. Such insurance shall be with an insurance company authorized to do
<br />business in the State of Texas. Such insurance shall cover all operations
<br />under this lease, whether conducted by Lessee, its agents or subcontractors
<br />and said coverages shall have minimum limits of liability of not less than
<br />one million dollars ($1,000,000.00). All coverages shall be maintained at
<br />least for a period of six (6) months from the execution of this lease.
<br />Until such coverage is in effect, Lessee, its agents and subcontractors
<br />shall not make any use of said demised premises.
<br />
<br />2. Lessee hereby agrees to pay to Lessor, in advance of commencement
<br />of activities, One Hundred Dollars ($100.00) in deposit and One Hundred
<br />Dollars ($100.00) as a use fee for the use of said location.
<br />
<br />3. Lessee hereby agrees to protect, defend, indemnify and hold
<br />Lessor, and its employees, agents, officers and servants free and harmless
<br />from any and all losses, claims, liens, demands and causes of action of
<br />every kind and character including, but not limited to, the amounts of
<br />judgments, consequential and/or incidental damages, penal ties, interests,
<br />court costs, legal fees, and all other expenses incurred by Lessor arising
<br />in favor of any party, including claims, liens, debts, damages and expenses
<br />resulting from personal injuries, including employees of Lessor, death, or
<br />damages to property (including property of Lessor) and without limitation by
<br />enumeration, all other claims or demands of every character occurring or in
<br />anywise incident to, in connection with or arising directly or indirectly
<br />out of this Agreement. Lessee agrees to investigate, handle, respond to,
<br />provide defense for and defend any such claims, demand, or suit at the sole
<br />expense of Lessee. Lessee also agrees to bear all other costs and expense
<br />related thereto, even if the claim or claims alleged are groundless, false
<br />or fraudulent. The indemnity required hereunder shall not be limited by
<br />reason of the specification of any particular insurance coverage in this
<br />Agreement. This indemnification obligation shall not be limited in any way
<br />by any limitation on the amount or type of damages, compensation or benefits
<br />payable by or for Lessee or any subcontractor under workers' compensation
<br />acts, disability benefit acts, or other employee benefit acts.
<br />
<br />By signing below and returning to the City of San Marcos you shall
<br />affirm your assent and agreement to the terms and provisions contained
<br />herein and you bind yourself to the same.
<br />
<br />EXECUTED in duplicate originals this the
<br />
<br />24
<br />
<br />day of
<br />
<br />February, 1987.
<br />
<br />
<br />MARCOS, TEXAS
<br />
<br />City Manager
<br />
<br />February 24, 1987.
<br />Date
<br />
<br />SAN MARCOS CHAMBER OF COMMERCE
<br />
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<br />Chuck-Misenhe mer,
<br />
<br />
<br />Vice President
<br />
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<br />Date '
<br />
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<br />
<br />
<br />3/2/g7
<br />Date ¡ .
<br />
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