R-2005-08-09 Joint Resolution CLP/Shoreacres intent to aquire and develop a park on Taylor Bayou

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6.08. Grantee's use of the Premises is subject to compliance with the following covenants, obligations and conditions (the "Special Conditions"): (a.) Riprap breakwaters shall be constructed of suitable limestone rock or broken concrete material that is free of metal rebar. (b.) Breakwaters shall be built of sufficient height above the substrate to be visible above the water surface at mean high tide. Permanent markers/pilings shall be installed to U.S. Coast Guard specifications. (c.) Breakwaters shall be designed to allow for the ingress and egress of fish and for water circulation as shown in Exhibit C. (d.) Any accretion of sediment resulting from the transplant project, as determined by the GLO, will be considered property of the State of Texas. 6.09. Prior to undertaking construction or installation ofImprovements on the Premises, Grantee shall provide written notice of the terms of this Agreement, including the Special Conditions, to each person or entity authorized by Grantee to perform any such activity on its behalf. Grantee shall retain a copy of each such written notice provided to its agents, representatives, employees, and/or contractors under this provision and, if a dispute arises concerning construction or installation of the Improvements, Grantee shall provide Grantor with a copy of all applicable notices within ten (10) days of Grantor's written request. Grantee's failure to maintain and provide each required written notice shall constitute a default under this Agreement. 6.10. If Grantee fails to maintain and/or repair Improvements in good condition and repair, such failure shall constitute a default under this Agreement and Grantor may, at its option, terminate this Agreement upon written notice to Grantee or pursue a remedy under Section 51.3021 of the Texas Natural Resources Code. If Grantee constructs improvements other than those authorized in Article VI, such improvements shall constitute illegal structures and Grantor may, at its option, terminate this Agreement or pursue a remedy under Section 51.302, et seq. of the Texas Natural Resources Code. ARTICLE VII. Construction by Grantee 7.01. Except as provided in Article VI hereof, Grantee shall make no alterations, additions or changes in the Premises without the prior written consent of Grantor. 7.02. Prior to termination of the Easement, unless otherwise directed by Grantor in writing, Grantee will demolish or remove all or any portion of the Improvements then existing on the Premises, remove all debris resulting from such demolition, and leave the ground theretofore occupied by such Improvements in a safe, clean condition, all such work to be done as promptly and expeditiously as is reasonably possible. 7.03. If Grantee fails to comply with the foregoing, Grantor shall have the right to perform the aforesaid requested work, in which event Grantee shall be liable to Grantor for all cost, loss and damage incurred by Grantor in connection therewith. ARTICLE VIII. Repair and Maintenance 8.01. Grantor shall have no duty to repair, maintain, replace the Premises or any improvements ("Improvements") placed at or constituting any portion of the Premises. Grantor will not be liable for any damage or injury, fatal or nonfatal, resulting from any damage, defect or disrepair of any Improvements. CE20050145 Isouthar 4 newce.doc V3.2