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<br /> 21 <br /> FIRING RANGE USE AGREEMENT <br /> This agreanent is between the City of San Marcos (hereinafter referred to as the <br /> "City"), and Southwest Texas State University, (hereinafter referred to as "swr"). <br /> swr desires to use the City's firing range off Lime Kiln Road on city-awned <br /> property in Hays County, Texas for the purpose of giving instruction in basic firearm <br /> training to law enforce:nent officers attending swr's Law Enforcement Academy, in <br /> connection with the basic certification course taught there. Both parties have deter- <br /> mined that such training and the use of the firing range under these circumstances <br /> serve a valid public purpose. <br /> Therefore, the parties, each in consideration of the mutual pranises and <br /> covenants herein, agree as follows: <br /> 1. USE OF THE FIRING RANGE <br /> The City agrees to pennit law enforcement officers undergoing the basic certi- <br /> fication course at swr's Law Enforcenerrt Academy to use its firing range for basic <br /> firearms training. The times and dates of such use will be mutually agreed upon by <br /> administrators at Southwest Texas Law Enforce:nent Academy and the City's Chief of <br /> Police. Such use will not conflict with use of the facilities by the City. <br /> 2. INSTRUCTION" AND SUPERVISION <br /> swr will provide instruction in the safe use of fireanns and shall supervise <br /> the law enforce:nent officers using the facility under this agreanent. It will provide <br /> targets and maintain the facility in good repair and will clean the range after each <br /> use. swr shall indemnify and hold the City hannless fran and against any and all <br /> claims, actions, and darrages caused by or arising out of the perfoDTIélIlce, failure to <br /> perform, or breach of any of the university's obligations under this agreanent. <br /> However, swr's obligations as set forth in the preceding sentence are applicable only <br /> insofar as penni tted by law. <br />