04-25-11 Regular Meeting of the La Porte City Council

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SROW# 75987 L 75987 15. Maintenance of the Property. Licensee, at its sole cost and expense, at all tunes during the term of this Agreement, agrees to keep clean and maintain to Licensor's satisfaction, and in compliance with all applicable laws, regulations or requirements, the entire Property and all improvements which may be placed or erected on the Property by Licensee. Licensee specifically acknowledges that its obligations with regard to maintenance of the Property include maintaining the entire Property, and not just surfaced area of the Pedestrian and Bicycle Trail. Mowing and trash or debris removal must be performed a minimum of 6 times per year, and whenever requested by Licensor. In the event that Licensee fails to properly maintain the Property as provided herein, Licensor shall have the right, but not the obligation, to have such maintenance completed, and Licensee agrees to reimburse Licensor an amount equal to 125% of Licensor's costs and expenses for such work. Licensee shall pay such amount to Licensor within thirty (30) calendar days of receipt of Licensor's invoice. 16. Vegetation. Licensee shall not plant shrubs, bushes, or any vegetation on the Property without the prior written permission of Licensor. Under no circumstances shall Licensee plant trees or other vegetation with a mature height exceeding 10 feet above ground level upon said Property. Licensee shall refer to EXHIBIT "D," Low - Growing Vegetation Suitable for Transmission Corridors, attached hereto and made a part hereof, for approved vegetation and Raw decorative planting requirements; provided, however; that nothing in this sentence shall limit or otherwise modify the requirement of the first sentence of this Section 16. 17. Water Channelization, Detention, and Drainage. Licensee shall have no water channelization, canals, detention facilities, or ditches on the Property, including but not limited to any channels, canals, detention facilities, ditches, or altered drainage patterns arising from Licensee's pedestrian and bicycle trail located on adjacent or nearby property. Licensee shall maintain current and natural drainage patterns and shall be solely responsible for the drainage of ttor the Property and all adjoining property and for obtaining, at its sole cost and expense, all necessary permits and /or approvals with regard to the construction and maintenance of the Pedestrian and Bicycle Trail from the Harris County Flood Control District or other governmental agency of any kind having jurisdiction over the Property. Licensee shall be solely responsible any damages to the Property and Licensor's adjoining property relating to drainage, channelization, canals, detention facilities, or ditches on the Property. 18. Utilities. Licensee may install security lighting on Harris County's property in order to sufficiently illuminate the Pedestrian and Bicycle Trail to the east. Licensee further agrees to maintain security lighting at all times during the Term of this Agreement. 19. Signage. Licensee will, at its sole cost and expense, install and maintain adequate signs along the Pedestrian and Bicycle Trail to address matters such as: hours of operation, prohibited activities, appropriate cautionary statements, and an acknowledgement of Licensor's ownership of property. Licensee agrees that the form, content, location and other details concerning such signage shall be addressed in the plans to be provided to Licensor for approval prior to construction of the Pedestrian and Bicycle Trail. 20. Licensee's Insurance. At all times during the Term of this Agreement, Licensee shall procure and maintain in full force and effect, at the Licensee's sole expense, General Liability Page 6 of 14