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renewal agreement CE 20050145
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renewal agreement CE 20050145
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4/16/2010 11:17:50 AM
Creation date
11/26/2024 9:27:05 AM
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La Porte TX
Document Type
Easements
Date
3/8/2010
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<br />(c) Improvements <br /> <br />i) The Grantee's right to use the Premises is exclusive as to those alterations, additions, <br />and/or improvements located, or to be located, on the Premises (collectively the <br />"Improvements"), as more specifically described under the "Use(s) of Premises" <br />section of Attachment A and further depicted on Attachment B, and non-exclusive <br />as to the remainder. The location of the Improvements shall become fixed as <br />specified under Attachment B and shall not be changed except by a written <br />amendment to this Agreement. Improvements existing prior to the execution of this <br />Agreement are and shall remain the property of the Grantor; <br /> <br />ii) Except as otherwise allowed in this Agreement, no construction, land modifications <br />or excavation, or permanent property improvements may be allowed or undertaken <br />without the Grantor's prior express written consent. The Grantee may not maintain <br />or allow any nuisances or public hazards on the Premises, and shall be under a duty to <br />abate or remove any activity or property constituting or contributing to a hazard or <br />nuisance. The Grantee may file a criminal complaint or institute civil proceedings to <br />protect his right of possession and leasehold interest in the Premises against trespass <br />of other infringement of the Grantee's rights by third parties. The Grantee is <br />specifically prohibited from using or allowing the use by others of the Premises for <br />any purpose not stated herein, including, but not limited to, mining, hauling, or <br />otherwise removing rock, sand, gravel, aggregate, or other such materials, without the <br />Grantor's prior express written approval; <br /> <br />iii) <br /> <br />Prior to undertaking construction or installation of Improvements on the Premises, the <br />Grantee shall provide written notice of the terms of this Agreement to each person or <br />entity authorized by the Grantee to perform any such activity on its behalf. If a <br />dispute arises concerning construction or installation of the Improvements, the <br />Grantee shall provide the Grantor with a copy of all applicable notices within ten (l0) <br />days of the Grantor's written request; <br /> <br />io <br /> <br />."", it*ii< <br />." <br /> <br />iv) The Grantee, in its sole cost and expense, shall make, and be solely responsible for, <br />any repairs, maintenance, or replacements to the Improvements that the Grantor <br />considers necessary or as required by this Agreement. If the Grantee fails or refuses <br />to honor such a request, or in case of an emergency, the Grantor may make such <br />repairs, maintenance, renewals, or replacements. THE GRANTEE WAIVES ANY CLAIM <br />FOR DAMAGE CAUSED THEREBY AND IS LIABLE TO THE GRANTOR FOR ANY COSTS <br />INCURRED; <br /> <br />v) Prior to expiration of this Agreement or upon notice of termination, the Grantee shall <br />remove all of the Improvements, remove any resulting debris, and pay Grantor all <br />monies due. The grantee shall take whatever measures are necessary to restore the <br />area involved as nearly as practicable to the same condition that existed prior to <br />placement of any Improvements. If the Grantee fails to comply with this provision, <br />the Grantor shall have the right to perform the work, in which event the Grantee shall <br />be liable to the Grantor for all cost, loss, and damage incurred by the Grantor; <br /> <br />vi) Notwithstanding the preceding, pursuant to Title 31 of the Texas Administrative <br />Code, the Grantor may waive the removal/restoration requirements in this Section if, <br /> <br />CE20050 145 <br />cenewp.doc <br />adabney <br /> <br />3 <br /> <br />CUSTOMER 10: C000000895 <br />
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