|
<br />5.03. Grantee agrees to pay all Taxes directly to the applicable taxing authority not less than fifteen (15) days prior to
<br />the date of delinquency thereof.
<br />
<br />ARTICLE VI. Use of Premises
<br />
<br />6.01. Grantee shall have the right to use the Premises solely for the following improvements: a 5' x 396' concrete
<br />riprap breakwater comprising an encumbrance of 1,980 square feet of coastal public land, as depicted on Exhibits A, B,
<br />Cl, C2, C3, and C4 attached hereto and incorporated herein by reference ("Improvements"). Grantee shall not use the
<br />Premises for any other purpose without obtaining prior written consent of Grantor, which consent may be granted or
<br />withheld by the Grantor in its sole discretion.
<br />
<br />6.02. Grantee, at its own expense, will comply with all federal, State, municipal and other laws, codes, ordinances,
<br />rules and regulations applicable to the Premises including, without limitation, those dealing with environmental and
<br />health issues; and will install, remove and alter such equipment and facilities in, and make such alterations to, the
<br />Premises as may be necessary to comply. Grantee will not make any unlawful use of the Premises or permit any
<br />unlawful use thereof; and will not commit, or permit anyone else to commit, any act which is a nuisance or annoyance
<br />to Grantor or adjacent property owners or tenants, or which might, in the exclusive judgment of Grantor, damage
<br />Grantor's goodwill or reputation, or tend to injure or depreciate the value of the Premises and/or any Improvements
<br />located thereon.
<br />
<br />6.03. Grantee shall use the highest degree of care and all appropriate safeguards to prevent pollution of air, ground
<br />and water in and around the Premises, and to protect and preserve natural resources and wildlife habitat. In the event
<br />of pollution of or damage to natural resources in or around the Premises which is the result of an act or omission of
<br />Grantee, its officers, employees, agents, representatives, contractors, and/or invitees, Grantee shall immediately notify
<br />the State and undertake all required and appropriate action to remedy the same. Grantee shall be liable for all damages
<br />and/or mitigation to the Premises and public lands and waters as a result of such act or omission.
<br />
<br />6.04. Grantee shall insure that all Improvements constructed by it and/or operated on the Premises are visible to
<br />operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that
<br />Improvements constructed by it and/or placed or operated on the Premises do not constitute a hazard to operators of
<br />marine craft. Grantee may not restrict or prevent other persons from access to navigating open, navigable waters.
<br />
<br />6.05. GRANTEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT
<br />OF 1966, (pB-89-66, 80 STATUTE 915; 16 U.S.CA. ~470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191,
<br />TEX. NAT. RES. CODE ANN. IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER
<br />FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS
<br />ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS EASEMENT, GRANTEE WILL
<br />IMMEDlA TEL Y CEASE SUCH ACTIVITIES AND WILL IMMEDIA TEL Y NOTIFY GRANTOR AND THE TEXAS
<br />HISTORICAL COMMISSION, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT ADEQUATE MEASURES MAY BE
<br />UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE.
<br />
<br />6.06. By execution of this Agreement, Grantee authorizes the State, its officers, agents, representatives and employees
<br />to access the Premises over and across Grantee's adjacent property described in Section 2.02. In exercising such right,
<br />Grantor agrees not to unreasonably interfere with Grantee's use of such property, and Grantor agrees to exercise its
<br />right of ingress and egress only at reasonable times (except in an emergency) for purposes of inspection, repair and as
<br />necessary to protect the State's interests. Grantor agrees to use adjacent land owned by Grantee only to the extent and
<br />for the length of time necessary to provide access to and from the Premises. The foregoing authorization creates a
<br />license only, and does not create an easement over Grantee's adjacent property.
<br />
<br />6.07. Grantee acknowledges and agrees that Grantor's right of ingress and egress described in Section 6.06 of this
<br />Agreement shall remain in effect as long as the Improvements and any other structure placed on the Premises by
<br />Grantee remain on the Premises and/or as necessary for Grantor to confirm the removal (in whole or in part) of the
<br />Improvements. Such right of ingress and egress shall survive the termination of this Agreement.
<br />
<br />CE20050145
<br />lsouthar
<br />
<br />3
<br />
<br />newce.doc V3.2
<br />
|