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<br />29
<br />
<br />EXHIBIT A
<br />
<br />TO:
<br />
<br />PATRICK WRIGHT
<br />WRIGHT'S OUTDOOR AMUSEMENTS
<br />STAR ROUTE
<br />ELBERT, COLORADO 80106
<br />
<br />The City of San Marcos (Lessor) hereby agrees to lease parkland
<br />across Hopkins Street in the vicinity just west of the U. S. Army
<br />Reserve Center to Patrick Wright dba Wright's Outdoor Amusements
<br />(Lessee), for the purpose of allowing Lessee to conduct a carnival from
<br />October 12, 1987 through October 25, 1987, at said location, in
<br />consideration for the following:
<br />
<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 conduct_ed by Lessee, its agents or subcontract_ors and said
<br />coverages shall have minimum limits of liability of not less than one
<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 as a 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 andlor incidental damages,
<br />penal ties, interest_s, 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 wit_hout limitation by enumeration, all other
<br />claims or demands of every character occurring or in anywise incident
<br />to, in connection with or arising directly or indirectly out of this
<br />Agreement, regardless of whether such losses, claims, damages or
<br />expenses are caused in whole or in part by the negl igence of the
<br />Lessor. 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 there"to, 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 />EXECUTED IN DUPLICATE ORIGINALS this the
<br />1987.
<br />
<br />15
<br />
<br />day of September,
<br />
<br />
<br />City Manager
<br />
<br />September 15, 1987
<br />Date
<br />
<br />A.
<br />
<br />
<br />, Owner
<br />
<br />J!rf )
<br />
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