11-01-13 coastal easement/grantor Texas General Land Office, grantee City of La Porte -state tract number 123, Galveston Bay

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LANp �A TEXAS GENERAL LAND OFFICE COASTAL EASEMENT NO. CE20130155 By virtue of the authority granted by Chapter 33 of the Texas Natural Resources ('o0ie, Title 31 of the Texas Administrative Code, this Agreement is made by and between THE STATE OF TEXAS, acting by and through the Commissioner of the General Land Office, as Chair of the School Land Board on behalf of the Permanent School Fund, hereinafter referred to as "Grantor", and the party named under the "Grantee Name" section of Attachment A, the Control Page, hereinafter referred to as the "Grantee"; WHEREAS, Grantee desires to acquire a certain easement ("Easement") in a tract or tracts of state-owned real property ("Premises"), which property is described in the "Premises" section of Attachment A and further depicted in Attachment B; the Premises being located adjacent to property that is owned by the Grantee or in which the Grantee has a possessory interest (the "Adjacent Property") and is further described under the "Adjacent Property" section of Attachment A; NOW, THEREFORE, the Grantor and Grantee agree to the following: Grantor hereby grants to the Grantee, the right to use the Premises for the purposes described in this agreement (the "Agreement"). USE OF PREMISES: The Grantee's use of the Premises is subject to compliance with the following covenants, obligations, and conditions: The Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises" section of Attachment A and for no other purpose. In addition, the Grantee shall adhere to the special conditions, if any, listed under the "Special Conditions" section of Attachment A. The Grantee's right to use the Premises is exclusive as to the improvements thereon, and nonexclusive as to the remainder. Grantee shall not assign or sublease the rights granted in this Agreement without the prior written approval of the Grantor. Grantor expressly reserves the right to use the Premises or to grant other easements or licenses at the same location so long as such uses do not unreasonably interfere with the rights herein granted. Grantee shall maintain the Premises, at Grantee's sole cost and expense, together with any improvements constructed or installed thereon by Grantee or associated with Grantee's use of the Premises. No construction or alterations to the Premises can be done without the express written consent of the Grantor. Prior to constructing or installing improvements on the Premises, the Grantee shall provide written notice of this Agreement to any persons authorized by the Grantee to perform such work. By execution of this Agreement, Grantee authorizes the State, its officers, agents, representatives and employees to access the Premises over and across Grantee's Adjacent Property. In exercising such right, Grantor agrees not to unreasonably interfere with Grantee's use of such property, and Grantor agrees to exercise its right of ingress and egress only at reasonable times (except in an emergency) for purposes of inspection, repair and as necessary to protect the State's interests. Grantee alone shall pay any and all taxes, charges or use fee(s) levied by any governmental agency against Grantee's interest in the Premises, or against any of Grantor's real property as a result of the Easement herein granted. Grantee shall not cause liens of any kind to be placed against the Premises. Grantee shall not materially interfere with the use by and operation and activities of Grantor on its property, including response to emergencies. Grantee shall comply, and cause its agents, employees, and invitees to comply, with all applicable laws, ordinances and regulation concerning use of the Premises, including but not limited to all applicable regulatory, environmental and safety requirements at Grantee's sole cost and expense. The effective date and termination date of this Agreement are specified under the "Effective and Termination Dates" section of Attachment A, unless renewed or earlier terminated as provided herein. Unless otherwise specified herein, renewal of this Agreement is at the sole discretion of the Grantor. If the Grantee continues in possession of the Premises after the expiration or termination of this Agreement, the Grantee will be deemed to be occupying the Premises as a month -to -month tenant. This holdover tenancy will be subject to all the terms and conditions of this Agreement CONSIDERATION: The Grantee shall pay, in consideration of the mutual covenants and agreements set forth in this Agreement, the payment(s) and/or fee(s) listed under the "Payment(s) and/or Fee(s)" section of Attachment A, on or before the due date. CE20130155 CUSTOMER ID: C-000000895 vkennedy Page I CEI_RiprapOnly 4 4 1 Ldoc