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198.
<br />
<br />PARKING SPACE USE AGREEMENT
<br /> (All Times)
<br />
<br />This Parking Space Use Agreement (this "Agreement") is entered into effective
<br />City of San Mamos (the "City"), a municipal corporation, and
<br />
<br /> .(date) between the
<br />, (the "Tenant").
<br />
<br />Article 1. Grant of Use of Premises; Rental; Acceptance in Present Condition
<br />
<br />1.1
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<br />1.2
<br />
<br />1.3
<br />
<br />1.4
<br />
<br />In consideration of the obligation of to pay rent and in consideration of the other terms, covenants and conditions of
<br />this Agreement, the City grants to Tenant, and Tenant accepts from the City, a license and permission to use
<br />parking space(s) iii the parking lot located adjacent to the 100 block of East Hutchison Street, San Marcos, Texas, as
<br />depicted on the attached Exhibit A (the "Parking Space").
<br />Tenant covenants and agrees to pay to City as rent for the premises the sum of forty-five dollars ($45.00) per month,
<br />due and payable on or before the first day of each month. Rent shall accrue fi'om the effective date of this Agreement
<br />and shall be payable at the City's Finance Office.
<br />Subject to the terms of this Agreement, Tenant shall have exclusive use and possession of the Parking Space 24 hours
<br />a day, seven days a week.
<br />Tenant is acceptiug the Parking Space ill its present condition, subject to signs promised in section 3.3 of this
<br />Agreement.
<br />
<br />Article 2. Use and Care of Parking Space
<br />
<br />2.1
<br />
<br />2.2
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<br />2.3
<br />2A
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<br />The Tenant shall use the Parking Space only for the purpose of parking automobiles or motorcycles for the use of
<br />Tenant or Tenant's employees, patrons or customers. The Tenant shall obtain the prior written consent of the City for
<br />any other use of the Parking Space~
<br />No personal or business property is to be kept or stored upon the Parking Space. No vehicle may be stored (parked for
<br />a continuous period exceeding 72 hours) on the Parking Space.
<br />Commercial vehicles and vehicles exceeding the size of the Parking Space may not be parked upon the Parking Space.
<br />The Tenant is responsible for securing the removal of unauthorized vehicles fi'om the Parking Space. Prior to securing
<br />removal of a vehicle, the Teuant shall verify that a) a sign is in place clearly designating authorized users roi' the
<br />Parking Space, and b) the vehicle ill the Parking Space is not an authorized user of the Parking Space.
<br />
<br />Article 3. Maintenance of Parking Space
<br />
<br />3.1
<br />
<br />3.2
<br />3.3
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<br />The Tenant shall maintain the Parking Space at all times flee of trash, debris and other objectionable materials. The
<br />Tenant shall promptly remove all garbage and refuse of any kind from the Parking Space.
<br />At the expiration of this Agreement, Tenant shall surrender the Pm'king Space in good condition.
<br />The City will provide and display signs designating the Tenant's Parking Space.
<br />
<br />Article 4. Indemnity; Waiver
<br />
<br />4.2
<br />
<br />The Tenant agrees to defend, indemnify and hold harmless tile City and its officers and employees from all damages,
<br />claims, losses, demands, soits, judgments, and costs, including reasonable attorney's fees, arising in connection with
<br />use of the Parking Space by Tenant, its agents, employees, customers or patrons. This obligation shall extend to and
<br />include all claims or damages related to the removal of unauthorized vehicles fi'om the Parking Space.
<br />The City, and its officers, agents and employees shall not be liable to the Tenant or, its agents, employees, customers
<br />or patrons, and the Tenant on behalf of itself and its agents, employees, customers or patrons waives any liability of the
<br />City and its officers, ageots and employees, for any personal injuries or property damage that may be caused by the
<br />acts or omissions of the City or its officers, agents or employees.
<br />
<br />Article 5. Default and Remedies
<br />
<br />5.I
<br />
<br />5.2
<br />
<br />The following events shall be deemed to be events of default by tile Tenant under this Agreement:
<br />(1) The Tenant fails to comply with any term, provision, or covenant of this Agreement, mid does not cure the failure
<br />within 10 days (the "Cure Period") after receipt of a written notice fi'om the City.
<br />(2) The Tenant abandons use of the Parkiug Space, as indicated by a period of 10 or more continuous days during
<br />which the Parking Space is not used by the Tenant or an employee, customer or patron of the Tenant.
<br />(3) The Tenant formally or informally sublets, assigns or transfers any right under this Agreement, or allows auy
<br />person other than the Tenant or an employee, customer or patron of the Tenant to nse the Parking Space.
<br />Upon the occurrence of an event of defanlt, the City shall have the option to pursue any remedy or remedies permitted
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