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<br />20-4523C Sessom <br />City of San Marcos <br /> <br />and drawings submitted to and approved by the Lessor's Director of Water and <br />Wastewater. In the event the Lessor does not disapprove or provide written comments on <br />the plans and drawings to the Lessee within 15 days of submission of the plans and <br />drawings, the Lessor will be deemed to have approved the plans and drawings. Lessor <br />may periodically perform external inspections of the equipment or shelters for <br />conformance with the plans and drawings and other provisions ofthis Agreement. <br />3. Access to Leased Premises: <br />a. Lessee shall have the umestricted, nonexclusive right to enter or leave the Leased <br />Premises where the equipment is located along the area identified on the attached Exhibit <br />A as "Access Easement". Lessee shall also have the nonexclusive right to use the area <br />identified on the attached Exhibit A as "Utility Easement" for installation and <br />maintenance of utility lines and appurtenances to the Leased Premises. Lessee agrees to <br />take, at its expense, all measures and precautions necessary to render the Leased Premises <br />and Lessee's equipment inaccessible to unauthorized persons. Lessor agrees that it will <br />not give unauthorized persons access to Lessee's equipment. <br />b. Lessor agrees to provide Lessee with road access to the Property, and access to the <br />Leased Premises, throughout the term of this Agreement. <br />4. Governmental Approvals: <br />Lessee shall be solely responsible for receiving approval from all governmental and regulatory <br />authorities for the installation, use, maintenance, and removal of its equipment upon the Leased <br />Premises. If Lessee is unable to secure or maintain all appropriate approvals, this Agreement <br />may be canceled by Lessee by providing 30 days written notice to Lessor and all advance rentals <br />paid by Lessee to Lessor shall be refunded. <br />5. Term: <br />The initial term of this Agreement begins (the "Commencement Date") on February 1,2003, and <br />the initial term ends on March 31, 2003. After the initial term ofthis Agreement, this Agreement <br />will automatically be renewed for one month periods unless one party notifies the other at least <br />30 days in advance of an anniversary date of its intention not to renew the Agreement. If such a <br />notice is given, this Agreement is terminated on the date specified in the notice, which must be at <br />least 30 days after the date of the notice. <br />6. Consideration: <br />As consideration for this Agreement, Lessee shall pay Lessor the sum of $500.00 per month, <br />payable by the fifth of each month for that month. If the total period of this Agreement extend to <br />longer than 12 months, the rental amount shall increase each year by five percent per year over <br />the previous year's amount. <br /> <br />2 <br />