O-2010-3298 provide bicycle-pedestrian easements at various sites on Harris County Flood Control District property

Browse Search

The District has advised the City and the City is aware that portions of the Property located along HCFCD Units B 106-00-00, B 109-00-00, B509-03-00, and F216-00-00 were acquired for flood control and drainage purposes. The District presently uses said portions of the Property upon which the Trail is to be constructed for maintenance of HCFCD Units B 106-00-00, B 109-00-00, B509-03-00, and F216-00-00, and the District contemplates future use of the Property for widening of the drainage facility and for other flood control and drainage improvements as the need for the same may arise and funds may be available. The District hereby expressly reserves to itself, its officers, employees, agents and contractors, the right to enter upon said Property and Trail at any time for any purpose necessary or convenient in connection with drainage and flood control work, to flood said Property and Trail, and to make such other use of said Property and Trail as may be necessary or desirable in connection with drainage and flood control, and the City shall have no claim for damages of any character on account thereof against the District , or any officer, employee, agent, or contractor thereof. The District shall have no responsibility to replace or repair any portion of the Trail that is damaged in the course of such flood control activities. If the Trail or other structures appurtenant thereto constructed by the City, including but not limited to, railings or low water crossings, are damaged by the District during drainage or flood control activities or by the flow of water in the channel, the District reserves the right not to allow the City to rebuild the Trail or replace the structures appurtenant thereto if to do so would in the Director's opinion impede the flow of water of water in the channel. The District further reserves the right to remove portions of the Trail from time to time as the Director determines necessary or convenient to accommodate channel improvements, and further, to not permit the City to rebuild same. The District makes no representation as to the suitability of the soils or the stability of the channel bank for the City's intended purposes. The City understands that in the event of a failure involving distinct elements of the Trail's construction, the District may not permit the City to replace those elements. Is hereby amended to read: The District has advised the City and the City is aware that portions of the Property were acquired for flood control and drainage purposes. The District presently uses said portions of the Property upon which the Trail is to be constructed for maintenance of the Property and the District contemplates future use of the Property for widening of the drainage facility and for other flood control and drainage improvements as the need for the same may arise and funds may be available. The District hereby expressly reserves to itself, its officers, employees, agents and contractors, the right to enter upon said Property and Trail at any time for any purpose necessary or convenient in connection with drainage and flood control work, to flood said Property and Trail, and to make such other use of said Property and Trail as may be necessary or desirable in connection with drainage and flood control, and the City shall have no claim for damages of any character on account thereof against the District , or any officer, employee, agent, or contractor thereof. The District shall have no responsibility to replace or repair any portion of the Trail that is damaged in the course of such flood control activities. If the Trail or other structures appurtenant thereto constructed by the City, including but not limited to, railings or low water crossings, are damaged by the District during drainage or flood control activities or by the flow of water in the channel, the District reserves the right not to allow the City to rebuild the Trail or replace the structures appurtenant thereto if to do so would in the Director's opinion impede the flow of water of water in the channel. The District further reserves the right to remove portions of the Trail from time to time as the Director determines necessary or convenient to accommodate channel improvements, and further, to not permit the City to rebuild same. The District makes no representation as to the suitability of the soils or the stability of the channel bank for the City's intended purposes. The City understands that in the event of a failure involving distinct elements of the Trail's construction, the District may not permit the City to replace those elements. All other terms and provisions of the Original Agreement shall remain in full force and effect as originally written. 3