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2Q1.5 ei VnL PG3
<br /> • i _ 1i26�8 OR 1565 45
<br /> 2.02 SCOPE OF GRANTING CLAUSE: THE GRANTEE'S USE OF THE PREMISES IS SUBJECT TO COMPLIANCE WITH
<br /> THE FOLLOWING COVENANTS,OBLIGATIONS,AND CONDITIONS:
<br /> (a) Use: The Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises"
<br /> section of Attachment A and for no other purpose. Except as otherwise provided in this Agreement,the Premises are
<br /> to remain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is
<br /> •% Z specifically prohibited from modifying the Premises in any manner not authorized in this Agreement and from using,
<br /> ..•..; or allowing the use by others,of the Premises for any other purpose.
<br /> (b) Trash: The Grantee shall be responsible for the removal and disposal of all trash at the Premises,whether or not
<br /> ••• such trash is generated by the Grantee or its guests and invitees.
<br /> ...; (c) Improvements:
<br /> (i) The Grantee's right to use the Premises is exclusive as to those alterations, additions, and/or improvements
<br /> located,or to be located,on the Premises(collectively the"Improvements"),as more specifically described under
<br /> • the"Use(s) of Premises"section of Attachment A and further depicted on Attachment B, and non-exclusive as
<br /> •• •• to the remainder. The location of the Improvements shall become fixed as specified under Attachment B and
<br /> • shall not be changed except by a written amendment to this Agreement. Improvements existing prior to the
<br /> execution of this Agreement are and shall remain the property of the Grantor;
<br /> (ii) Except as otherwise allowed in this Agreement, no construction, land modifications or excavation, or
<br /> permanent property improvements may be allowed or undertaken without the Grantor's prior express written
<br /> consent. The Grantee may not maintain or allow any nuisances or public hazards on the Premises, and shall be
<br /> under a duty to abate or remove any activity or property constituting or contributing to a hazard or nuisance. The
<br /> Grantee may file a criminal complaint or institute civil proceedings to protect his right of possession and
<br /> leasehold interest in the Premises against trespass of other infringement of the Grantee's rights by third parties.
<br /> The Grantee is specifically prohibited from using or allowing the use by others of the Premises for any purpose
<br /> not stated herein, including, but not limited to, mining, hauling, or otherwise removing rock, sand, gravel,
<br /> aggregate,or other such materials,without the Grantor's prior express written approval;
<br /> (iii) Prior to undertaking construction or installation of Improvements on the Premises,the Grantee shall provide
<br /> written notice of the terms of this Agreement to each person or entity authorized by the Grantee to perform any
<br /> such activity on its behalf. If a 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 (10) days of the Grantor's
<br /> written request;
<br /> (iv) .The Grantee, in its sole cost and expense, shall make, and be solely responsible for, any repairs,
<br /> maintenance, or replacements to the Improvements that the Grantor considers necessary or as required by this
<br /> Agreement. If the Grantee fails or refuses to honor such a request, or in case of an emergency,the Grantor may
<br /> make such repairs,maintenance,renewals, or replacements. THE GRANTEE WAIVES ANY CLAIM FOR DAMAGE
<br /> CAUSED THEREBY AND IS LIABLE TO THE GRANTOR FOR ANY COSTS INCURRED;
<br /> (v) Prior to expiration of this Agreement or upon notice of termination, the Grantee shall remove all of the
<br /> Improvements, remove any resulting debris, and pay Grantor all monies due. The grantee shall take whatever
<br /> measures are necessary to restore the area involved as nearly as practicable to the same condition that existed
<br /> prior to placement of any Improvements. If the Grantee fails to comply with this provision, the Grantor shall
<br /> have the right to perform the work, in which event the Grantee shall be liable to the Grantor for all cost, loss,and
<br /> damage incurred by the Grantor;
<br /> (vi) Notwithstanding the preceding, pursuant to Title 31 of the Texas Administrative Code, the Grantor may
<br /> waive the removal/restoration requirements in this Section if, in the Grantor's sole opinion and discretion, such
<br /> waiver is in the best interest of the State. Any such waiver shall be in writing and may be conditioned upon
<br /> factors including the nature and sensitivity of the natural resources in the area,potential damage to or destruction
<br /> of property, beneficial uses of the existing improvement(s),and other factors considered to be in the best interest
<br /> of the State;and
<br /> (vii) Grantee shall insure that all Improvements constructed,placed, or operated by it on the Premises are visible
<br /> to operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that
<br /> Improvements constructed, placed, or operated by it on the Premises do not constitute a hazard to operators of
<br /> marine craft. Grantee may not restrict or prevent other persons from access to navigating open,navigable waters.
<br /> CL20140007 2 CustomerlD:0000000895
<br /> srodrigu CL NewP_090114_
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