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<br /> 91 <br /> TOWER RENTAL AGREEMENT <br />STATE OF TEXAS <br /> KNOW ALL PERSONS BY THESE PRESENTS: <br />THE COUNTY OF HA YS <br />This AGREEMENT is made effective on June 8, 1998, in San Marcos, Texas by and between <br />the City of San Marcos, Texas ("Lessor",) and the Lower Colorado River Authority (LCRA) <br />C'Lessee"). <br />1. Leased Premises: <br /> Lessor leases to Lessee, and Lessee leases from Lessor limited use of a water tower <br /> owned by Lessor and located on Alamo Street in the City of San Marcos, Texas, <br /> along with approximately 350 square feet of ground space within the fenced area of <br /> the tower (collectively referred to as the "Leased Premises"), as described on Pages <br /> SOOOI and SOO02 of the attached Exhibit A, for the purpose described below and in <br /> accordance with the following terms and conditions: <br />2. Lessee's Equipment <br /> a. Lessor grants to Lessee the right to install three (3) antennas upon the water <br /> tower and the right to maintain a portable reinforced concrete building (12' <br /> x 28'), and a 1000 gallon above ground propane tank to support transmitter <br /> equipment on the ground space. Lessee shall also be entitled to extend <br /> cabling facilities from the base of the tower to the antennas. Lessee shall <br /> have the right to install additional transmission and receiving equipment <br /> subject to the prior written approval of the Lessor. <br /> b. Lessee's equipment and the, installation, use, operation, maintenance, and <br /> removal shall be subject to the approval of Lessor's Director of Public Works <br /> and in accordance with all local, State and federal laws, rules and regulations. <br /> This approval shall not be unreasonably withheld. <br /> c. Lessee shall be solely responsible for the cost and the installation, operation, <br /> maintenance, use and removal of its equipment and shall be responsible and <br /> liable at all times for all losses to and damages to Lessee's equipment upon <br /> the Leased Premises and any and all other property of Lessee located upon <br /> the Leased Premises. <br /> d. Lessee's equipment shall be installed upon the Leased Premises in <br /> accordance with the plans and drawings which are attached as Exhibit A. <br /> Lessor may periodically inspect the equipment for conformance with the <br /> plans and drawings and other provisions of this Agreement. <br />