Harris County Flood Control District - bike and pedestrian trail to be built on HCFCD property

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During the term of this Agreement, the District, its Director or his designee(s) (hereinafter the "Director") may inspect the Trail and the Maintenance Area to determine whether the City is constructing and maintaining the Trail and performing its other obligations pursuant to this Agreement. V. Trees and No Waste The City shall not cause or permit any waste upon the hereinabove described Trail and Property. Further, the City shall not cut or damage any tree or trees on the District's Property with a diameter breast-high ("dbh") greater than three (3) inches at a level approximately four and one-half (4~) feet from its base, without the prior written consent of the District's Director. VI. Public Use and No Fee The Trail shall be open to the use of the general public. No fee or charge shall be imposed for the use thereof. VII. Limitation and Disclaimer of Warrantv The City's right to the use and enjoyment of the Trail for the purposes herein stated is expressly limited to the District's right, title, and interest, if any, in and to the Property, and the District makes no warranty or representation as to its right, title, or interest, if any, in and to said Property. If, and in the event that, additional rights, title, and interest in and to the Property are needed for the construction, maintenance, or operation of the Trail, the acquisition of such rights, title, and interest shall be at the sole expense and obligation of the City. VIII. Term The term of this Agreement begins on September 1 , 2009 and ends on August 31 ,2034; however, it shall continue thereafter on a year to year basis, unless earlier terminated as provided hereunder. Any party hereto may terminate this Agreement prior to the expiration of said term(s), without cause, upon thirty (30) days prior written notice to the other parties hereto. IX. Notices All notices shall be given to the District by registered or certified mail, postage prepaid, return receipt requested, addressed to Harris County Flood Control District, Attention: Director, 9900 Northwest Freeway, Houston, Texas 77092, or to such other address as the District may designate in writing from time to time. All notices shall be given to The City, by registered or certified mail, postage prepaid, return receipt requested, addressed to The City of La Porte, Attention: Director of Parks and Recreation, 1322 South Broadway Street, Houston, Texas 77571. Each notice shall be considered exercised and completed upon deposit of the notice in the United States mail as aforesaid. - 3 -