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<br />LEASE AGREEMENT <br /> <br />This Lease Agreement (this "Lease") is entered into effective June 1, 1999 between the City of San <br />Marcos (the "City"), a municipal corporation, and the Central Texas Pepper Farm Co-Operative (the <br />"Co-op"), a nonprofit association of residents of the C.M. Allen Homes in San Marcos, Texas. <br /> <br />Article 1. Lease of Premises; Rental; Acceptance in Present Condition <br /> <br />1.1 In consideration of the obligation of Co-op to pay rent and in consideration of the other <br />terms, covenants and conditions of this Lease, the City leases to Co-op, and Co-op leases <br />from the City the one acre, more or less, tract of real property located in the 700 block of <br />River Road as depicted on the attached Exhibit A (the "Leased Premises"). <br /> <br />1.2 Co-op covenants and agrees to pay to City as rent for the premises the sum of One Dollar <br />($1.00) per annum, due and payable on or before the first working day of January of each <br />year. Rent will accrue from the effective date of this Lease and will be payable at the City's <br />Finance Office. <br /> <br />1.3 The Co-op acknowledges that 1) the City makes no representations or warranty regarding the <br />suitability of the Leased Premises for the Co-op' s intended purposes, or the presence of soil, <br />environmental, geologic, or other site conditions that may affect the Co-op's use of the <br />Leased Premises; 2) the Co-op accepts full responsibility for determining the suitability of <br />the Leased Premises for its intended purposes; 3) the Co-op has inspected and performed all <br />tests and investigations of the Leased Premises that the Co-op considers necessary to satisfy <br />itself as to the suitability of the Leased Premises for its intended purposes; and 4) the Co-op <br />is accepting the Leased Premises in their present condition, and the Co-op agrees to perform <br />all preparation, remediation and other activities necessary to use the Leased Premises for the <br />Co-op's intended purposes. <br /> <br />Article 2. Use and Care of Leased Premises <br /> <br />2.1 The Co-op will use the Leased Premises only for the purpose of planting, cultivating and <br />harvesting vegetables. The Co-op will obtain the prior written consent of the City for any <br />other use of the Leased Premises. <br /> <br />2.2 All property kept, stored or maintained within the premises by Co-op will be at the Co-op's <br />sole risk of loss, damage, theft or destruction. <br /> <br />2.3 Co-op will not, without the City's prior written consent, conduct within the premises any <br />activity objectionable to persons on adjacent or nearby property, nor engage in any other <br /> <br />1 <br />