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Section 1. In accordance with Texas Local Government Code Section 253.011 the City agrees to convey to the <br />of even date herewith between the City and Association, with right conferred to the Association to own and <br />occupy the Property so long as and on the condition that the Property 1) is used by the Association for the public <br />purpose of operating a public cemetery and 2) is properly maintained. <br />Section 2. In the instance that the Property is ever used for a purpose or function other than for public cemetery <br />purposes or is abandoned by the Association, or should the Property not be properly maintained, then title to the <br />Property shall absolutely and automatically revert to the City of La Porte. For such purposes the Association <br />expressly agrees that upon the occurrence an event causing title to revert to the City of La Porte it shall not be <br />required that the City of La Porte file suit or re-enter the property, and furthermore, the Association agrees that <br />no act or omission on the part of any beneficiary of this clause shall be a waiver of the operation of this provision. <br />Section 3. In the event the Property reverts to the City of La Porte under the terms of this Agreement and the Deed <br />executed in connection therewith, then if necessary Association will provide a warranty deed to the Property in <br />form and substance acceptable to City of La Porte, evidencing the re-conveyance of the Property. <br />Section 4. The Association agrees that conveyance of the Property is expressly subject to the terms of this <br />Agreement and the Deed executed by the City of La Porte in connection therewith. <br />Section 5. Developer will not place any additional liens or encumbrances on the Property except as consented to <br />by the City of La Porte. <br />Section 6. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the <br />benefit of their successors and assigns. <br />Section 7. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. <br />Section 8. This Agreement may only be modified or amended by a written agreement signed by authorized <br />representatives of the parties hereto. <br />WITNESS the following signatures as of the year and date first above written. <br />CITY OF LA PORTE, TEXAS <br /> <br />________________________ <br />Louis R. Rigby, Mayor <br /> <br /> <br />