O-2009-3185 Bike-Pedestrian Trail easement on Pasadena owned property

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/II. The City of Pasadena authorizes the City of laPorte to use the described easement located on the North boundary line of the City of Pasadena's 99.999 acre tract located on Fairmont Parkway, as more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes, for the purpose of constructing and maintaining the Trail. The City of Pasadena's authorization of the City of LaPorte's use of the property is conditioned on the fulfillment of the City of laPorte's obligation herein. If any portion of the City of Pasadena's property, on which the Trail is to be constructed or maintained, is subject to any permits, wetland mitigation requirements, pipeline adjustments, consent, approvals, or other matters, in which the County or the Harris County Flood Control District may be involved, then this Agreement is subject to those permits and other matters, and the City of LaPorte will obtain the consent and approvals from said third parties prior to undertaking the construction of the Trail on approvals, then this agreement is of no force and effect. IV. Subject to the terms of paragraph XI hereof, the term of this agreement shall commence on the date of the execution of this agreement and end on twenty-five (25) years from the date of the execution of this agreement by the last party to execute the same, provided however that such agreement shall be automatically extended for successive periods of one year thereafter unless either party sends written notice of their intent to cancel in accordance with this agreement. V. During the term of this agreement, the City of LaPorte will not take any action that interferes with the use of the Trail by the general public for walking and jogging purposes. VI. Within ninety (90) days following the completion of the construction of the Trail, the City of LaPorte will deliver record drawings of such construction to the City of Pasadena. To the extent that the City of LaPorte funds are available, the City of LaPorte shall maintain, or cause to be maintained, the Trail during the term of the Agreement. The City of laPorte's maintenance duties shall include, but not be limited to, the repair of the pavement on the Trail caused by ordinary wear and tear, mowing, edging, trimming and picking up of trash, paper and debris on the Trail and the ground located within ten feet of either side of the Trail, at least once every two months or other frequency determined by the City of Pasadena. The City of LaPorte shall install and maintain, or cause to be installed and maintained, appropriate traffic control signs and devices, lighting apparatus and all other appurtenances along the Trail that are deemed necessary or proper by the City of LaPorte for the safety of the users of the Trail. The City of Pasadena shall have no duty whatsoever to maintain the Trail after construction.