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<br />J <br /> <br />, <br /> <br />THE STATE OF TEXAS <br /> <br />LEASE <br /> <br />THE COUNTY OF HAYS <br /> <br />x <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />I <br /> <br />That the City of San Marcos, Texas, a municipal corporation <br />under the laws of the State of Texas, acting by and through <br />authority conferred on its Mayor, John A. Hansen, by Resolution <br />1979- ,hereinafter referred to as "City" and Smith Oil <br />Distributing Company, hereinafter referred to as "Company", <br />enter into this lease agreement for the mutual benefit of the <br />parties and pursuant to the following terms and conditions: <br /> <br />1. <br /> <br />The subject matter of this lease is use of underground <br />storage tanks located on the grounds of the San Marcos Municipal <br />Airport. The location of said underground storage tanks is shown <br />on Exhibit A which is attached hereto and incorporated herein for <br />all intents and purposes. The premises covered by this lease <br />agreement are located at point F. <br /> <br />11. <br /> <br />The term of this is for a period of one year from the date <br />of execution. <br /> <br />III. <br /> <br />Consideration for this lease agreement is payment by Company <br />to City of three hundred dollars ($300.00) per month for said <br />term for the right to use said underground storage tanks. The <br />first said payment shall be due on the first (1st) day of the <br />month following the month of execution of the agreement. <br /> <br />IV. <br /> <br />It is expressly agreed that said underground storage tanks <br />shall be renovated at no expense to City. Said renovation shall <br />be the responsibility of Company. <br /> <br />V. <br /> <br />It is further expressly agreed that said underground storage <br />tanks shall be maintained in said renovated condition for the <br />term of this lease and shall be returned to City in said renovated <br />condition at the termination of this lease. <br /> <br />V1. <br /> <br />Company agrees that it will at all times during the term of <br />this lease indemnify City against and save City harmless from all <br />injuries, deaths, claims, suits, damages, costs, losses and <br />expenses in any manner resulting from, arising out of, or connected <br />with the use of said underground storage tanks. <br /> <br />VIr. <br /> <br />I <br /> <br />Company agrees to provide evidence of liability insurance <br />coverage protecting Comp~ny and naming City as an additional <br />insured by filing with the City Secretary a copy of said policy <br />insuring Company while on the leased premises. Minimum coverage <br />shall be $300,000.00 for any single occurrence for bodily injury <br />or destruction of property. Failure to maintain said minimum <br />insurance coverage shall be grounds for termination of this lease. <br /> <br />VIII. <br /> <br />Either party may terminate this lease by notifying the other <br />party in writing of its intention to terminate and the effective <br />date of said termination shall be thirty (30) days after the date <br />