01-11-18 Between Frontier Logistics, City of La Porte, and the Port of Houston Authority

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NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements herein expressed and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed by the parties hereto, the parties hereto do hereby agree as follows: 1. Grant of Easement Encroachment. (a) City of La Porte Easement Encroachment Grant. The City of La Porte hereby grants to the Port and Frontier, for the benefit of the Port and Frontier, and its respective agents, tenants, employees, contractors, customers, invitees, licensees and permittees, and for each successor and assign of Frontier , an easement encroachment within, under, adjacent, upon, over, and across the City of La Porte Utility Easement for the purposes of(i) constructing a railroad bridge or bridges and related concrete slabs, (ii) operating a locomotive or railcar mover and any associated railroad or motorized equipment over and above the utility easement, (iii) to the extent permitted hereunder, repair and maintain the bridges and tracks by non-exclusive easement rights. The utility easement encroachment locations herein authorized(for the railroad bridge piers and concrete slabs) are located and designated on the attached four (4) exhibits: Exhibit "B" Parcel No. PE 3; Exhibit "B" Parcel No. PE 4; Exhibit "B" Parcel No. PE 5; and Exhibit"B"Parcel No. 6. (b) No Interference. The permitted encroachment to the Port and Frontier shall not impair, interfere with, or impede in any material way the operations of City of La Porte. The Port and Frontier further acknowledge that the City of La Porte and City of La Porte's agents, tenants, employees, contractors, customers, invitees, licensees, permittees, successors and _ assigns shall have unimpaired enjoyment and use of the City of La Porte utility easement ; provided that said enjoyment and use of the City of La Porte utility easement does not materially impair, interfere with or impede the encroachment granted the Port and Frontier in any material way. 2. Liens and Compliance with Laws. (a) Covenant Against Liens. (i) Frontier hereby covenants and agrees,to the fullest extent allowed by law, that it will not cause or permit any lien (including, without limitation, any mechanic's or materialman's lien) or claim for lien to be asserted against the City of La Porte utility easement or any interest therein, whether such lien or claim for lien results from or arises out of any act or omission of Frontier (b) Compliance with Laws. (i) Frontier shall not use the City of La Porte utility easement in any manner that violates any laws or regulations, may be dangerous,or constitutes a public or private nuisance, and Frontier shall obtain and maintain any and all required Port of Houston approvals. 3. Duration and Term. This Encroachment Agreement shall exist for the life of the Easement. 2