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SROW# 75987
<br /> L 7s987
<br /> described and depicted in EXHIBIT "B" attached hereto and incorporated herein by reference,
<br /> and is not to exceed ten (10) feet in total width, which shall be comprised of up to eight (8) feet
<br /> in width for the primary trail and one (1) foot of sloped subgrade cement stabilized sand on each
<br /> side of the surface trail. In accordance with the specifications described and depicted in
<br /> EXHIBIT "B," Licensee shall also, and at all times, maintain thirty -six (36) inches of vertical
<br /> clearance from the top of all pipelines to the lowest point of stabilized sand for all pipelines
<br /> located within the Property.
<br /> Licensee's and the public's use is expressly limited to biking, hiking, roller - skating,
<br /> walking, dog walking, roller blading, skateboarding, and similar activities, only on the surface of
<br /> the Pedestrian and Bicycle Trail. All other activity on the Pedestrian and Bicycle Trail,
<br /> including, but not limited to kite flying, recreational sports, picnicking and other recreational
<br /> activities provided for under §75.001(3) of the Texas Civil Practice and Remedies Code are
<br /> strictly prohibited. This License does not extend to the use of any of Licensor's facilities located
<br /> on the Property. This trail is expressly intended for the above - enumerated uses, and use of non -
<br /> motorized bicycles. Motorcycles, all terrain vehicles or any other motorized vehicles are strictly
<br /> prohibited. It is understood that construction and/or installation of the Pedestrian and Bicycle
<br /> Trail shall not commence until plans for same have been approved in writing by Licensor, such
<br /> plans to be prepared at Licensee's sole cost and expense and in conformance with the terms of
<br /> this Agreement. Licensee further shall not place any structures, piles or debris, or change the
<br /> level of the ground by excavation or mounding without Licensor's express prior written consent.
<br /> 3. Term and Consideration. In consideration for this License, Licensee shall pay Licensor
<br /> an annual inspection fee of $250.00 due on the first day of each annual term. Should any
<br /> y additional inspections be necessary, as determined by Licensor, to determine Licensee's
<br /> compliance or non - compliance with the terms of this Agreement, Licensee shall reimburse
<br /> Licensor $100 per hour for actual time worked, plus applicable equipment or vehicle costs.
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<br /> This Agreement shall be for a term of ten (10) years (the "Initial Term ") commencing on
<br /> the Execution Date. Upon expiration of the Initial Term, this Agreement will automatically be
<br /> renewed on the same terms and conditions, on a year -to -year basis, or until terminated by either
<br /> party hereto as set forth in this Agreement (the Initial Term, together with any such annual
<br /> renewals, is herein referred to as the "Term ").
<br /> 4. Termination. Licensor, may terminate this Agreement at any time if, in Licensor's sole
<br /> discretion, Licensor determines that certain events beyond Licensor's reasonable control would
<br /> make it impossible, impractical, or of unreasonable expense for Licensor to perform this
<br /> Agreement, including but not limited to: interruptions of Licensor's utility services or damage to
<br /> Licensor's towers, facilities or related appurtenances, fires, epidemics, floods, storms, heavy
<br /> rains, hurricanes, tornadoes, ice or hail stories, explosions, war, terrorist acts, riots, court orders,
<br /> acts of superior governmental or military authority, material changes in industry practices,
<br /> standards or customs, or acts or rulings by the Public Utility Commission of Texas or any other
<br /> federal, state or local agency having regulatory jurisdiction or other authority over Licensor. In
<br /> the event of Licensor's termination under this Paragraph, Licensor shall provide Licensee notice
<br /> of termination as soon as is practical under the circumstances; however, in no event shall
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