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113 PKAerte~ lit~Lt) MAtNr~NANer; AtJK~~Mr;Nr 1:)r;rWr;r;N SOUTHWEST TEXAS STATE UNIVERSITY AND THE CITY OF SAN MARCOS Southwest Texas State University and the City of San Marcos, Texas have reached the following agreement regarding care and maintenance of a portion of real property owned by the City and used as a practice athletic field by SWT. 1. Background LOLA portion of the City's park property is adjacent to SWT's campus. In a license agreement signed by the Mayor of San Marcos on May 16, 1983, the City authorized SWT to use the property as a practice athletic field. That license agreement is incorporated into this agreement by reference. 1.02. SWT uses the property as a practice field for its own athletic teams. In addition, SWT has entered into an agreement with Houston Oilers, Inc. that, among other things, allows the Houston Oiler football team to use the property as a practice field during its summer training camps in 1989 and 1990. That agreement is also incorporated into this agreement by reference. 1.03. The parties recognize the benefits to both that accrue from the Oilers use of SWT's facilities and the City's practice field. However, the Oilers' use of the property has greatly increased the amount of care and maintenance necessary for the field. 2. Agreement 2.01. As long as the Houston Oilers use the property as a practice field, SWT agrees to care for and maintain it according to the Oilers' specifications. This maintenance includes routinely irrigating, fertilizing, mowing and marking the field. It also includes such other maintenace as SWT determines is necessary or prudent. 2.02. In return, the City agrees that, during each year that the Oilers use the property as a practice field, it will pay SWT $12,000.00 to help -1-