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74 THE STATE OF TEXAS CITY RECREATION BUILDING SERVICE AND USE CONTRACT COUNTY OF HAYS This Agreement by and between the City of San Marcos, Texas, 630 E. Hopkins, San Marcos, Texas, 78666, hereinafter referred to as "CITY" and the San Marcos Lions Club, P. O. Box 994, San Marcos, Texas, 78666, hereinafter referred to as "LIONS CLUB", is as follows: ARTICLE I. The parties hereby agree that in exchange for the construction by the Lions Club and final acceptance by the City of approximately $6,000.00 worth of improvements, hereinafter referred to as "the Work," to the City Recreation Building located at City Park, such improvements described generally as the enclosure of the southwest breezeway and the performance by said Lions Club of certain maintenance and upkeep responsibilities of the Recreation Building and surrounding park area at the direction of the Director of the Parks and Recreation Department in addition to those provided for in that lease agreement of April 12, 1982 between said City and the Lions Club, the City does hereby grant a license to the Lions Club for its non-exclusive use of said improvements from and after the date of acceptance of said improvements by the Ci ty until termination or expiration of the April 12, 1982 lease agreement between said City and the Lions Club for the lease of said Recreational Building. ARTICLE II. As provided in Article I, the license to the said Lions Club by said City shall be for the non-exclusive use of the improvements constructed pursuant to this Agreement and, upon the authorization by the City of other uses thereof by other persons or entities, the Lions Club shall share with such other persons and/or entities the use of such improvements. After completion and acceptance of the Work, the Parks and Recreation Department of the City shall implement and maintain a schedule for the use of the improvements. ARTICLE III. The proposed design, plans, and other construction contract documents and Contractor (if any) for the construction of improvements are subject to the prior approval of the City. The time for completion of construction of the improvements shall be not more than thirty (30) days from the date such construction is commenced, and the Lions Club shall, within ten (10) days after commencement of construction, notify the City in writing of the date such construction began. The Lions Club shall obtain all construction permits and licenses necessary for the construction of the improvements except that the fees for such permits and licenses shall be waived. The Lions Club shall be fully responsible for all its acts and omissions a.nd those of its Contractors and of persons and organizations directly or indirectly employed by either of them and of persons and organizations for whose acts any of them may be liable to the same extent that it is responsible for the acts and omissions of persons directly employed by it. Nothing in this Agreement shall create any contractual relationship between the City and any contractor, subcontractor, or other person or organization having a direct contract with the Lions Club, nor shall it create any obligation on the part of the City to payor to see to the payment of any monies due any contractor or ~~~