O-2010-3264 concession operations at the Sylvan Beach Fishing Pier/agreement Linda Darnell

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THE CONCESSIONAIRE: Ms. Linda Darnell Witt 422 South Blackwell Street La Porte, Texas 77571 HARRIS COUNTY: The Honorable Sylvia Garcia, Commissioner, Precinct 2 Harris County Commissioner's Court 7330 Spencer Highway Pasadena, Texas 77505 XI. The Concessionaire shall not allow any liens or any other encumbrances to attach to the leased premises. XII. Whenever the terms of this Agreement conflict with the terms of the Agreement with the City and Harris County, Texas, dated April 12. 1994 (attached hereto), amended and extended, the parties agree that the terms of the Harris County Agreement control, to the extent of such conflict only. Otherwise, this Agreement is to be construed in relationship with the Harris County Agreement insofar as possible. XIII. The provisions of this Agreement which assign certain rights to the City, shall be construed to also be shared by Harris County insomuch as they are in accordance with the terms of the Agreement between the City and Harris County, Texas, dated April 12, 1994. The foregoing does not apply to Section X, which allows the City unilaterally to terminate this Agreement without cause, and also does not apply to Section III, which governs payment. The City's and Harris County's rights and obligations regarding payment are more specifically set forth in the Agreement between the City and Harris County dated April 12, 1994. XIV. This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. Pier Concession Agreement, REVISED, 0710 Concession Agreement, page 7 of 9