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<br />I <br /> <br />I <br /> <br />I <br /> <br />THE STATE OF TEXAS <br /> <br />x <br />X <br />X <br /> <br />CONTRACT <br /> <br />THE COUNTY OF HAYS <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />THAT the following contract is made and entered into by <br />and between AQUARENA, INCORPORATED, a corporation, organized <br /> <br />and existing under and by virtue of the laws of the State of <br /> <br />Texas, domiciled at San Marcos, in Hays County, Texas, acting <br /> <br />by and through its President, GenejPhillips, hereinafter called <br /> <br />"AQUARENA", and the CITY OF SAN MARCOS, a municipal corporation <br /> <br />existing by and under the laws of the State of Texas, and situated <br /> <br />in Hays County, Texas, acting through authority conferr~d on Mayor <br /> <br />John A. Hansen, by Resolution 1979- <br /> <br />adopted December lO, 1979, <br /> <br />hereinafter called "CITY". <br /> <br />WITNESSETH: <br /> <br />AQUARENA is the owner of all of that real property lying <br /> <br />and being situated within the corporate limits of the City of <br /> <br />San Marcos, in Hays County, Texas, situated near the head of the <br /> <br />San Marcos River, being the same nine hole golf course which was <br /> <br />constructed and installed by the late A.B. Rogers, and was later <br /> <br />owned by Paul J. Rogers, and which was operated by CITY for several <br /> <br />years prior to 1979 under the terms of a written lease by and bet- <br /> <br />ween AQUARENA, as Lessor, and CITY, as Lessee, the said real property <br /> <br />being about forty to forty-five acres of land, a part of and out <br />of the J.M. Veramendi League No. Two (2), and a part of and out of <br /> <br />that tract of 107.33 acres of land conveyed by and described in deed <br /> <br />from San Marcos Utilities Company to A.B. Rogers, dated May 19, 1926, <br /> <br />recorded in Volume 91, Pages 458-463, Hays County Deed Records; and <br /> <br />the said deed and its said record are here referred to and made a <br /> <br />part hereof; and the said nine hole golf course is situated adjacent <br /> <br />to the amusement enterprise known as Aquarena, and is also situated <br /> <br />adjacent to Aquarena Springs Motor Hotel. <br /> <br />The said golf course is now known and called, and shall here- <br /> <br />after be known as and called Aquarena Springs Golf Course. On the <br /> <br />land comprising the said golf course, at the eastern or southeastern <br /> <br />corner thereof, there is situated a small building now and heretofore <br /> <br />used as a club house and golf shop; and other improvements on said <br />