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<br />fj'.lTIr:: STATE OF TEXAS
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<br />COUNTY 0" HAYS
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<br />X
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<br />129-a
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<br />CONT~\CT FOR SV,RVICCS
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<br />}{!:-JOTf! ?\LL HP~l BV T~P'S:P. Pq,P.S:r.:N~S:
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<br />':::'hat the City of San !1arcos, Texas, a municipal corporation
<br />by and under the laws of the state of Texas hereinafter referred
<br />to as "City," actino by and. through its :-1ayor, Dr. Bm!1tie Craddock,
<br />a'1d Cliff 3rmvn of Hays County, Texas, DBA the Garden Center
<br />hereinafter referred to as "Brown," do hereby enter into this
<br />agreement for the purposes of providing maintenance at the San
<br />J1arcos Cemetery pursuant to the terms and conditions expressed
<br />herein; to-wit:
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<br />I.
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<br />The stated consideration for this agreement is $20,175.00
<br />to be paid by City to Brown in equal monthly installments in
<br />return for '3rc"'m' s performance 0'" the terms and conditions of
<br />this agreement.
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<br />II.
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<br />The term of this agreement shall be from January 1, 1975
<br />to September 30, 1975.
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<br />III.
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<br />In order to insure complete performance of this agreement,
<br />'1:::"',,''1 acrrees that citv ShAll possess tre right to retain ten
<br />perccm't' (10% 1 of each" monthly- in~tal1ment. . Said retainage shall
<br />be released to Brown at the end of the term of this agreement
<br />u?on BrOT,,,~:1 Sho~',ing substa~tial complianc~~ ~:vith the terms, con-
<br />ditions, and intent of this agreement. Monthly installment pay-
<br />ments to be mdue by City on first ve,-,dor's payday oUie'iug each
<br />cnnnth. Brmm to furnish City statenent of monthly m'.lintenance
<br />accomplished prior to date of monthly pa~,ent.
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<br />IV.
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<br />Ci ty agrees to provide all '.vilter connections and water
<br />necessary for the; E,erformance of this agreement by ?'ro':1n and to
<br />provide for all road naintenanee at said cemetery. Furthermore,
<br />City agrees to provide electrical connections and pay an amount
<br />equal to the minimum charge for electricity supplied to said
<br />cemetery.
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<br />v.
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<br />Brown agrees to provide normal and daily maintenance of the
<br />San Narcos Cel':letery located on Ranch ':l.oad 12 Hithin the city of
<br />San 'tare os; said maintenilnce to include, but not limited to,
<br />mo~.,inC)', edging of curhs, stones, side'.va1ks, and mausoleum,
<br />application of insecticides as needed, (but not more than two (2)
<br />times a year), application of herhicides along the roadways as
<br />needed, (but not more than once a year), dirt removal, filling
<br />0<' settle':'!r>nt on r;r2.ve sites, r2.1d.l1g of leav"'s, caring for
<br />mausoleum (excluding structural repairs), supervising placement
<br />of curbs and headstones, etc. Pursuant to this maintenance
<br />agreement, Brov!n agrees to provide all esuipment necessary for
<br />the performance of said mainteli ,;,nee and to cooE'erate ,,!ith the
<br />City in t.he p10ttinq and identification of grave sites as cir-
<br />cumstances may dictate. Furthermore, Bro~n specifically agrees
<br />to be nosponsib1e for making t1"" cemetery available to the public
<br />at all rpasonahlB times of the "('IV consistent ".,ith past city
<br />policy.
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<br />It is understood hetween City and BrO'.Vll that Brown is to fur-
<br />nish day to cay maintenance only, and that this contract does not
<br />include an~ extTClordinary maintenance that may be required due
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