O-1992-1806 - Laserfiche WebLink

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e e -5- allocations of maintenance expenses based upon each Common Use Track user's percentage use of the Common Use Track. (b) Grantor shall have the right to grant or assign its rights to use the Common Use Tracks to owners of properties abutting North "H" Street in the City of La Porte (each a "Potential Common User"). However, as a condition of any such grant or assignment, Grantor shall cause each Potential Common User to be bound by the terms of this Agreement. To the extent that any grant or assignment fails to comply with this Paragraph 5(b), such grant or assignment shall be deemed to be void and of no effect. 6. Grantee shall pay the sum of $29,000.00 to the City of La Porte as reimbursement to Grantor for having the Property decertified as a public park by the State of Texas and the Federal Bureau of Outdoor Recreation, upon the occurrence of the events in Paragraph 7. 7. Grantor represents that a portion of the Property in green on Exhibit "Cn has been dedicated for road use to the City of Morgan's Point (the "Dedicated Land"). Grantor shall use its best efforts to obtain a rail easement across the Dedicated Land from the City of Morgan's Point. The parties hereto agree that Grantee shall have no obligations under this Agreement, including without limitation any obligations pursuant to Paragraph 6, until such time as such rail easement is obtained by City. 8. Grantee hereby indemnifies Grantor and holds it harmless, from and against any reasonable and actual expenses, claims, losses, damages or costs that Grantor incurs as a result of Grantee's use of the Easement.