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

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2.02. USER HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS SAME "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. USER IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF THE STATE REGARDING ANY ASPECT OF THE PREMISES, BUT IS RELYING ON USER'S OWN INSPECTION OF THE PREMISES. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND USER HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE TERMS "GRANT" AND/OR "CONVEY" IN NO WAY IMPLIES THAT THIS AGREEMENT OR THE PREMISES ARE FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. USER IS HEREBY PUT ON NOTICE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCES MAYBE OF RECORD AND USER IS ADVISED TO EXAMINE ALL RECORDS OF THE STATE AND COUNTY IN WHICH THE PREMISES IS LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. ARTICLE Ill. TERM 3.01. This Agreement shall continue for a term often (10) years from the effective date of the PCA, unless renewed or earlier terminated for any reason by the State, in its sole discretion. ARTICLE IV. USE OF THE PREMISES 4.01. The Premises shall be used solely for the continued maintenance of the coastal erosion response project created by the PCA and for no other purpose. The Premises are to remain in their current topographical and hydrologic condition, unless the modification is pursuant to and in accordance with the terms of the PCA. User is specifically prohibited from modifying the Premises in any manner not authorized herein, and from using, or allowing the use by others of the Premises for any other purpose. 4.02. The State reserves the exclusive right to grant easements, rights-of way and/or other grants of interest authorizing use of the Premises. User shall permit the State's agents, representatives, and employees to enter into and on the Premises at all reasonable times for the purpose of inspection and any other reasonable purpose necessary to protect the State's interest in the Premises. 4.03. The following conditions shall apply to the use of the Premises during the term of this Agreement ("Conditions") : (A) Upon completion of construction, User shall submit to the Upper Coast GLO Field Office at La Porte, Texas, ("Field Office") verification that the Project was constructed as authorized. The Field Office, in coordination with CEPRA or GLO Coastal Resources staff, shall conduct an inspection of the Project to confirm its completion and to verifY compliance with PCA requirements. User will be notified and required to correct any non-compliant features of the Project. (B) User shall perform required and necessary maintenance of the Project and shall submit annual reports to the Field Office, verifYing the Project is being maintained. The Field Office, in coordination with CEPRA staff, may determine at any time that monitoring and maintenance of the Project is no longer necessary and may recommend that this Agreement be terminated. (C) If the Field Office, in coordination with CEPRA or GLO Coastal Resources staff, determines that the Project is not being maintained as required or as needed, the User will be notified and Special Document 20080002 - 5 pages . . . . .. . . - a. aaa a -a a ... . a .. a