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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TERMINATION AND NOTICE: Grantor may terminate this Grant of Easement for cause, including non-payment of fees or other events of breach of this Agreement. The Grantor shall give the Grantee written notice of termination no later than thirty (30) days prior to the termination, including an explanation of the cause. In the event of such termination, any and all interest in Grantor's land conveyed in this Easement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion. On demand by Grantor, Grantee shall promptly remove any and all improvements installed in, on, under or above the Premises by Grantee. At the option of Grantor, all such improvements shall become the property of Grantor at no cost to Grantor. Notices under this Agreement should be sent to the address(es) listed under the "Address(es) for Notification" section of Attachment A. HISTORICAL NOTICE: IN THE EVENT THAT ANY FOUNDATION, SITE, ITEM, OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS AGREEMENT, GRANTEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY THE STATE SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. IN THIS REGARD, GRANTEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PUB. L. 89- 66, 16 UNITED STATES CODE, SECTION 470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, NATURAL RESOURCES CODE INDEMNIFICATION: THIS GRANT OF EASEMENT IS MADE ON THE EXPRESS CONDITION THAT, EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE GRANTOR, GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS, THE GLO, THE SCHOOL LAND BOARD, AND THE OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES OF THE STATE OF TEXAS, THE SCHOOL LAND BOARD AND THE GLO FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED) ARISING IN CONNECTION WITH THIS AGREEMENT; THE USE OF OCCUPANCY OF THE PREMISES; THE CONDITION OF THE PREMISES, WHETHER PRE-EXISTING OR OTHERWISE; ANY NEGLIGENCE, ACT, OMISSION, OR MISCONDUCT IN THE PERFORMANCE OF THE SERVICES REFERENCED HEREIN; OR ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER FEDERAL OR STATE WORKERS' COMPENSATION LAWS, THE TEXAS TORT CLAIMS ACT, OR ANY OTHER SUCH LAWS. Grantee shall be responsible for the safety and well being of its licensees and invitees. These requirements shall survive the term of this Agreement until all claims have been settled or resolved and suitable evidence to that effect has been furnished to the GLO. ENTIRE AGREEMENT: This Grant of Easement and Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto a executed this instrument the day and year first above written. GRANTOR: TH TA E OF E S Contents: Approved: Signa � Jerry E. atterson, Commissioner General Land Office Deputy: I Chair, School Land Board Executive - Date: 4 �;— Date: G / GRANTEE City of La Porte Signature � , - �- --. � c� q '~�--�- - Date: _. t Signature: r ' Date: t .i CE20130155 CUSTOMER ID: COOOOOO895 vkennedy Page 2 CEI_RiprapOnly 4 4 1 I.doc