O-2008-3061 agreement to provide construction and administrative services for the Sylvan Beach Shoreline Protection

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The State of Texas AUSTIN, TEXAS SPECIAL DOCUMENT NO. SD 20080002 COASTAL EROSION PLANNING AND RESPONSE ACT ST ATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF TRAVIS and HARRIS This Special Document memorializes the agreement ("Agreement"), made and entered by virtue of the authority granted in Section 33.601, et seq., TEX. NAT. RES. CODE ANN., 31 TEX. ADMIN. CODE ~ 15 (Coastal Erosion Planning and Response), et seq., and all other applicable statutes and rules, as the same may be amended from time to time, and is subject to all applicable regulations promulgated from time to time. ARTICLE I. PARTIES AND PURPOSE 1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through the Commissioner of the Texas General Land Office, on behalf of the Permanent School Fund (the "State"), hereby grants to the City of La Porte, Texas, whose address is 604 W. Fairmont Parkway, La Porte, Texas 77571-6215 ("User"), the right to use the surface estate of certain Permanent School Fund land (the" Premises") for the purposes identified in Article N below. 1.02. The General Land Office and User entered into a Project Cooperation Agreement, denominated as GLO Contract No. 08-090-000, ("PCA"), for a coastal erosion response project ("Project" or "Improvements"), pursuant to the "The Coastal Erosion Planning and Response Act, codified as Texas Natural Resource Code, Chapter 33, Subchapter H, and the regulations set forth in Texas Administrative Code, Title 31, Chap. 15, Subchapter B (Coastal Erosion Planning and Response). A copy of the PCA is attached hereto as Exhibit A and incorporated herein by this reference. The terms and Conditions of this Agreement are in addition to, and an extension of, the PCA, solely for the purpose of authorizing the construction of the Project and documenting the right of User to access the Premises after completion of the coastal erosion response Project created pursuant to the PCA in order to conduct required and necessary maintenance of the subject Project for a ten (10) year period. ARTICLE II. PREMISES 2.01. The Premises consists of approximately ten thousand (10,000) square feet of state-owned submerged land located in State Tracts 123 and 213, and more fully described in Paragraph 1.01 of the PCA, which description is incorporated herein by reference; and depicted on Attachment A thereof. Special Document 20080002 - 5 pages . . . . . . ... . - -.. ... .. ... .. . .. . .... .