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118. <br /> Property Use Agreement <br /> This property use agreement, dated March 3, 2003, is between Southwest Texas State <br /> University(SWT)and the City of San Marcos(the City). <br /> 1, Background <br /> 1.01. The City owns property along Charles Austin Drive in San Marcos, Hays County, Texas <br /> that SWT desires to use for parking purposes. This property(called the Charles Austin <br /> Drive Property in this agreement) is more particularly described in Exhibit A, attached to <br /> this agreement and made a part of it for all purposes. <br /> 1.02. SWT leases property from the Southwest Texas State University Support Foundation, a <br /> Texas nonprofit corporation. This property(called the Fire Station Studio Parking Lot in <br /> this agreement) is located behind the Support Foundation's Fire Station Studio in San <br /> Marcos, Hays County,Texas. The property included in this agreement is more <br /> particularly described in Exhibit B, attached to this agreement and made a part of it for all <br /> purposes, The City desires to use this property for parking purposes. <br /> 1.03. This agreement sets forth the terms under which the City will permit SWT to use the <br /> Charles Austin Drive Property and SWT will permit the City to use the Fire Station Studio <br /> Parking Lot. <br /> 2. Agreement and Term <br /> 2,01. SWT agrees to allow the City the exclusive use of the portion of the Fire Station Studio <br /> Parking Lot described in Exhibit B and the City agrees to allow SWT the exclusive use of <br /> the Charles Austin Drive Property during SWT class days, and during SWT events, for a <br /> period of three years, beginning April 1, 2003 and ending March 31, 2006, For this <br /> purpose, "during SWT class days" means from 7:00 am to 5:00 pm on any day that SWT <br /> classes are scheduled, and"during SWT events" means during hours determined by <br /> SWT on a day on which a scheduled athletic activity is conducted at SWT's softball or <br /> baseball field adjoining Charles Austin Drive. The general public will be permitted by the <br /> parties to use the Charles Austin Drive property at all times other than during SWT class <br /> days, and during SWT events, for vehicle parking in connection with the use of the <br /> adjoining City property for park and recreational purposes. <br /> 2.02. The parties may, by written agreement, extend the term of this use agreement for such <br /> additional time as they later determine is appropriate. However, at the end of this <br /> agreement's term, each party will surrender the property it has received to the other in <br /> good order and condition, reasonable wear and tear excepted, <br /> 2.03, Either party may terminate this agreement for any reason by giving the other party at <br /> least 60 days'written notice. <br /> 3, Property Use and Maintenance <br /> 3.01. Each party will use the property that it receives under this agreement for vehicle parking. <br /> Neither party will use the property for any other purpose without the other party's prior <br /> written consent. Similarly, neither party will erect permanent improvements on the <br /> property it receives without the other party's prior written consent. if either party makes <br /> permanent improvements to the property it receives, such permanent improvements will <br /> become the real property owner's property when this agreement terminates. <br /> 3,02. Each party will pay for utilities associated with the property it receives under this <br /> agreement. <br /> -1- <br />