Encroachment Agreement between COLP and Mr. and Mrs. Bertuglia

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Bertuglia shall promptly advise the City in writing of any claim or demand against any City Person related to or arising out of Bertuglia's activities under this Agreement and shall see to the investigation and defense of such claim or demand at Bertuglia's sole cost and expense. The City Persons shall have the right,at the City Persons'option and own expense,to participate in such defense without relieving Bertuglia of any of its obligations hereunder. This defense,indemnity,and hold harmless provision shall survive the termination or expiration of this Agreement. 8. Termination. This Agreement and the license granted hereunder may be terminated by the City: (i) in the event Bertuglia fails to comply with any of the terms of this Agreement within ten (10) days after receipt of notice by Bertuglia from the City of such failure to comply; or (ii) if the portion of the Property in the Encroachment Area is destroyed or torn down. Upon the termination or expiration of this Agreement, Bertuglia shall remove all portions of the single- family dwelling, as well as any other equipment or other property of any kind whatsoever located in the Encroachment Area. At such time, there shall be no encroachments by Bertuglia into the Encroachment Area. The obligations of this paragraph shall survive the termination of this Agreement. 9. Miscellaneous. (a) Assignment. Bertuglia shall have authority to assign, sell, pledge, transfer, encumber, or otherwise convey in any manner or form whatsoever(including by operation of law, by merger, or otherwise) all or part of its rights and obligations hereunder without the prior written approval of the City. (b) Independent Contractor. Nothing in this Agreement creates nor shall be construed to create an employer-employee relationship, a joint venture relationship, or a joint enterprise, and Bertuglia shall have exclusive control of and the exclusive right to control the details of the Property, and all persons performing same,and shall be solely responsible for the acts and omissions of its officers,agents,servants, employees, contractors, subcontractors, licensees,guests, and invitees. (c) Notices. Any notice, correspondence, or statement required to be given or delivered hereunder, or otherwise given or delivered in connection with this Agreement, shall be in writing and shall be deemed to have been properly given for all purposes(i) if sent by a nationally recognized overnight carrier for next business day delivery, on the first business day following deposit of such notice with such carrier unless such carrier confirms such notice was not delivered, then on the day such carrier actually delivers such notice, or (ii) if personally delivered, on the actual date of delivery, or (iii) if sent by certified U.S. Mail, return receipt requested postage prepaid, on the third business day following the date of mailing. Addresses for any such notice, statement and/or report hereunder are as follows: To the City: City of La Porte,Texas, 604 W. Fairmont Pkwy., La Porte,Texas 77571,Attn: City Manager To Joe and Evangelia Bertuglia: