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<br />61
<br />
<br />
<br />
<br />
<br />
<br />TO: Patrick Wright
<br />Wright's Outdoor Amusements
<br />13002 County Road, #102
<br />Elbert, Colorado 80106
<br />
<br />
<br />
<br />The City of San Marcos (Lessor) hereby agrees to lease parkland
<br />across Hopkins Street from the vicinity just west of San Marcos City
<br />Hall to Wright's Outdoor Amusements (Lessee), for the purpose of
<br />allowing Lessee to conduct a carnival at said location, in
<br />consideration for the following:
<br />1. Lessee hereby agrees to procure and maintain insurance
<br />coverage for bodily injury and property damage which may arise from the
<br />activities which are the subject of this lease. Such insurance shall
<br />be with an insurance company authorized to do business in the State of
<br />Texas. Such insurance shall cover all operations under this lease,
<br />whether conducted by Lessee, its agents or subcontractors and said
<br />coverages shall have minimum limits of liability of not less than 1
<br />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 />
<br />2. Lessee hereby agrees to pay to Lessor, in advance of
<br />commencement of activities, $100 in deposit and $100 as a use fee for
<br />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
<br />harmless from any and all losses, claims, liens, demands and causes of
<br />action of every kind and character including, but not limited to, the
<br />amounts of judgments, consequential and/or incidental damages,
<br />penalties, interests, court costs, legal fees, and all other expenses
<br />incurred by Lessor arising in favor of any party, including claims,
<br />liens, debts, damages and expenses resulting from personal injuries,
<br />including employees of Lessor, death or damages to property (including
<br />property of Lessor) and without limitation by enumeration, all other
<br />claims or demands of every character occurring or in anywise incident
<br />to, in conneciton with or arising directly or indirectly out of this
<br />Agreement. Lessee agrees to investigate, handle, respond to, provide
<br />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
<br />expense related thereto, even if the claim or claims alleged are
<br />groundless, false or fraudulent. The indemnity required hereunder
<br />shall not be limited by reason of the specification of any particular
<br />insurance coverage in this Agreement. This indemnification obligation
<br />shall not be limited in any way by any limitation on the amount or type
<br />of damages, compensation or benefits payable by or for Lessee or any
<br />subcontractor under workmen's compensation acts, disability benefit
<br />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 />
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<br />.:~. {IP ~1'
<br />
<br />A.C~_: Gonzalez, City Manager Da e
<br />
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<br />
<br />Patrick W7 . ß Dá:te"
<br />
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