CLP and State of Texas Coastal Easement Agreement

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.~ 3 .... . .... .... . .. .. . .. .... . .... . . ...... . , . . .. .. . ..." i ( . . Lessor and Lessee acknowledge and agree that Lessee's right to use the Leased Premises is exclusive as to the improvements located or to be located thereon, and non-exclusive as to the remainder. Lessee represents that the Leased Premises are located adjacent to property owned by Lessee, which property is identified as follows: Being a tract of land out of the Johnson Hunter Survey, Abstract Number 35, known as Sylvan Beach Park in the City of La Porte, Harris County, Texas, having been conveyed to Harris County by Reverend Hold, Bishop of the Diocese of Galveston in Deed dated April 4, 1955, being recorded in Volume 2941, Page 188-191; also conveyed to Harris County by E. L. Crain et al in Deed dated June 1, 1953, being recorded in Volume 2629, Page 19-26, both deeds being recorded in the Deed Records of Harris County, Texas. section 1.02. Lessee has inspected the physical and topographic condition of the Leaseexisting physical and topographic condition. LESSOR DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER EXPRESS OR IMPLIED WARRANTY NOT EXPRESSLY SET FORTH IN THIS LEASE. Article II. Term Section 2.01. This lease is for a total period of thirty (30) years beginning on the 1st Day of April, 1994, and terminating on the 31st day of March, 2024, unless earlier terminated as provided in this Lease. . Article III. Rent Section 3.01. As consideration for the granting of this Lease, Lessee agrees to pay Lessor as rent ("Rent") the following sums: Three Thousand Ninety-six and 94/100 Dollars ($3,096.94) for each of "Lease Years" (as such is hereinafter defined) One through Five, for a total of Fifteen Thousand Four Hundred Eighty-four and 70/100 Dollars ($15,484.70) during the Lease term. Rent for Lease Years Six through Thirty shall be adjusted after Lease Year Five in accordance with 31 Texas Administrative Code, Section 1.3, or its successor provision. Rent shall be due and payable on or before the first day of each Lease Year. A lease evaluation fee of Five Hundred Fifty and 00/100 Dollars ($550.00) shall be due and payable with the first annual rental payment. Section 3.02. For the purposes of this Lease, the phrase "Lease Year" shall mean the period from April 1, 1994, through March 31, 2024, with the first Lease Year commencing on April 1, 1994. Section 3.03. All Rent and any other sums hereunder provided to be paid by Lessee shall be due and payable by Lessee without demand, deduction, abatement or off-set. Past due Rent and other past due