HomeMy WebLinkAboutRES 19-275RESOLUTION NO. 19-275
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager, or his designee, be and they are hereby authorized to execute
all necessary documents as it relates to a Coastal Lease Renewal Agreement between
the City of Beaumont and the State of Texas General Land Office for the lease of
coastal public property
located
at Collier's
Ferry Landing
for a
ten
(10) year term
commencing on July 1,
2020
and ending
on June 30,
2030.
The
Coastal Lease
Application for Renewal is substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
December, 2019.
A
U
k
�WO`11W-ky es -
STATE OF TEXAS
µAL C,q
G O
y O
a '"
X 9
W
V. m
GENERAL LAND OFFICE
APPLICATION FOR RENEWAL OF COASTAL LEASE
GLO ID: CL940006 Expiration Date: June 30, 2020
Please type or print in the blanks below all applicable information.- If information requested is not applicable,
indicate by placing N/A in the blank. ISSUANCE OF THE COASTAL LEASE FOR WHICH YOU HAVE
APPLIED IS CONTINGENT UPON VERIFICATION OF THE INFORMATIONSUBMITTED, PAYMENT OF
APPROPRIATE FEES, AND COMPLIANCE WITHALL APPLICABLE REGULATORYREQUIREMENTS.
I. Applicant Information (Responsible Party Under Contract):
A. Name: Citv of Beaumont
Mailing Address: PO Box 3827
City/State/Zip: Beaumont, TX 77704-3827
Telephone: Home: Work: (409) 880-3708
Cell Phone: Fax: (409) 880-3747
Email Address: cguy@lanier-engineers.com
B. Please list any changes/corrections to demographic information above in the spaces provided below -if
applicable:
Name:
Mailing Address:
City/State/Zip: _
Telephone: Home:
Cell Phone:
Email Address:
H. Signature of Applicant(s): City of Beaumont
Signature
Printed Name
Work:
Fax:
Title
Date
Information collected by electronic mail and by web form is subject to the Public Information Act, Chapter 552, Government Code.
CL940006 EXHIBIT "A" CustomerID: C000025399
pspetsio AppRenewCL_090114
STATE OF TEXAS §
COUNTY OF JEFFERSON §
COASTAL LEASE RENEWAL AFFIDAVIT
The undersigned being first duly sworn on oath, states as follows:
1. The undersigned is the grantee under Coastal Lease No. CL940006 (the "CL");
2. The undersigned has applied to the General Land Office (the "GLO") to renew the CL for an additional term;
3. The undersigned has complied with all of the terms of the CL during its term and has complied with all of the
guidelines and rules of the GLO and the School Land Board (the "SLB") applicable to the CL;
4. The undersigned has not made any improvements, additions, or modifications to the Premises, as shown on the
exhibit, attached hereto and incorporated herein by reference, during the term of the CL, without the advance
written consent of the GLO; and
5. The undersigned acknowledges that the SLB and the GLO will rely on the truth of the statements contained
herein in issuing the renewal of the CL. In the event that any of the statements herein prove to be untrue, the
renewal CL shall be subject to immediate termination, which will require that the undersigned remove all
structures from the Premises.
GRANTEE: City of Beaumont
am
Signature
Printed Name
Date
ACKNOWLEDGMENT
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the
by City of Beaumont.
Notary Stamp
day of
(Notw), SIa 7alure)
Notary Public, State of
My commission expires:
20
Information collected by electronic mail and by web form is subject to the Public Information Act, Chapter 552, Government Code.
CL940006 CustomerlD: C000025399
pspetsio 2 AppRenewCL_090114
TEXAS GENERAL LAND OFFICE
APPLICATION FOR RENEWAL OF COASTAL LEASE
NOTES:
The application will be reviewed by the GLO Field Office to verify site conditions. Lessee will be advised
regarding term length, special conditions, and payment amounts. It will then be submitted to the Texas School
Land Board (SLB) for consideration. If approved by SLB, a contract will be prepared and sent to Lessee for
signatures.
2. Lessee is advised that in accordance with the easement agreement, unless renewed on a timely basis, hold -over
occupancy beyond the expiration date of the easement is subject to increased lease payment amounts.
3. Lessee is advised that in accordance with provisions of the easement agreement, if the agreement is not renewed,
all private property and man-made improvements must be removed and the premises returned to pre -easement
conditions within 120 days of the expiration date.
CL940006 CustomerID: C000025399
pspetsio 3 AppRenewCL_090114
-2.5 ft. HWM
(4 ft. X 20 ft.
Walkway Walkway
(4 ft. X 49 ft.)
Oft: .)o% I A -6 ft. HWM - - 110-. I :4 - -4 ft.
-3 ft. HWM
....... 30 ft,
ft. X 89 ft.)
1-2 E
16!
0,
Wood loullkhead Walkway
(5 ft. X 13 ft.)
Neches River
Jefferson County
River Flow
-6 ft.
ft. X 95
Wood
Approximate State
Boundary
Collier's Ferry Recreational Area
Walkway
(4 ft. X 50 fQ
-4 ft.
Natural shoreline/
Baldcypress trees Approximate State
Cattails (Taxodium disticha) Boundary
(LZ sp.)
II
V
a ft. HWM
Fill , ;
'I
(5 ft. X 95 ft) +0 fL HWMM
......................... Approx. 1,000 ft. (not to scale) .........................►jw
cl
of
I
Title: City of Beaumont CL940006
Date of Inspection- 04-01-10
Company: Texas General Land Office Creator: Sam Floyd
Scale: 1 in. Equals 40 ft. Attachment B
1
i
AM
Syr
!i rf Y
t�i
Q.2018 Google 4
Goog[e Earth
TEXAS GENERAL LAND OFFICE
GEORGE P. BUSH, COMMISSIONER
November 16, 2019
City of Beaumont
PO Box 3827
Beaumont, TX 77704-3827
RE: Renewal of Coastal Lease No. CL940006
Neches River, Jefferson County, Texas
Dear Lessee:
According to our records, the above -referenced Coastal Lease from the School Land Board for the use of Coastal
Public Land owned by the Permanent School Fund has an expiration date of June 30, 2020.
Please complete the enclosed application and affidavit and return them to the Texas General Land Office, to the
address below, within twenty (20) days of receipt of this letter. Also enclosed is the exhibit from the most recent
contract. If you would like to make modifications and/or additions to the permitted structure, please indicate
those changes on the drawing and return it with the application and affidavit. You do not need to send any
money at this time.
Your Coastal Lease will be reviewed and an on -site inspection may be conducted to determine compliance with
the current contract.
Please note that placement of unauthorized structures and/or failure to obtain the required authorization from this
office for the use of Coastal Public Land may subject the responsible party to civil penalties and/or removal of
unauthorized structures by the State with recovery of removal costs from the responsible party or placement of a
lien against the adjacent littoral property (V.C.T.A. Natural Resources Code, Section 33.112, 51.302, and
51.3021). Mitigation costs may also be assessed when necessary to compensate for damage to natural resources.
If you have any questions, please email pantelia.spetsiotis@glo.texas.gov
Si cerely,
Pantelia Spetsiotis
Administrative Assistant
Enclosures
Coastal Protection - Upper Coast Field Office
CL940006 11811 North D Street, La Porte, Texas 775 71-913 5 CustomerID: C000025399
ncrx tein 281.470.1191 Fax: 281.470.8071 glo.texas.gov AnnT.trRrnewC..T. 090114
�aERAL G y
W ,r--. TEXAS GENERAL LAND OFFICE
" \ COASTAL LEASE NO. CL940006
A.l1�H ED \0
By virtue of the authority granted by Chapter 33 of the Texas Natural Resources Code, Title 31 of the Texas
Administrative Code, all amendments thereto, all other applicable statutes, and subject to all rules and regulations
promulgated pursuant thereto, the State of Texas (the "Grantor"), acting by and through the Commissioner of the
General Land Office (the "GLO") as Chairman of the School Land Board (the `Board) on behalf of the Permanent School
Fund (the "PSF"), hereby grants to the grantee (the "Grantee") named under the "Grantee Name" section of
Attachment A, the Control Page, the right to use a tract of state-owned real property (the "Premises'), which
property is described in the "Premises" section of Attachment A and further depicted in Attachment B, for the
purposes described in this agreement (the "Agreement").
ARTICLE I: INTERPRETIVE PROVISIONS
(a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms;
(b) The words "hereof," "herein," "hereunder," and similar words refer to this Agreement as a whole and not to
any particular provision, section, Attachment, or schedule, unless otherwise specified;
(c) The term "including" is not limiting and means "including without limitation" and, unless otherwise
expressly provided in this Agreement, (i) references to agreements (including this Agreement) and other
contractual instruments shall be deemed to include all subsequent amendments and other modifications
thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms
of this Agreement; and (ii) references to any statute or regulation are to be construed as including all statutory
and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or
regulation;
(d) The captions and headings of this Agreement are for convenience of reference only and shall not affect the
interpretation of this Agreement;
(e) All attachments within this Agreement, including those referenced by incorporation, and any amendments are
considered part of the terms of this Agreement;
(f) This Agreement may use several different limitations, regulations, or policies to regulate the same or similar
matters. All such limitations, regulations, and policies are cumulative and each shall be performed in
accordance with its terms;
(g) Unless otherwise expressly provided, reference to any action of the Grantor or by the Grantor by way of
consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion."
Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the
Grantor shall not be unreasonably withheld or delayed;
(h) All due dates and/or deadlines referenced in this Agreement that occur on a weekend or holiday shall be
considered as if occurring on the next business day;
(i) All time periods in this Agreement shall commence on the day after the date on which the applicable event
occurred, report is submitted, or request is received; and
(j) Time is of the essence in this Agreement.
ARTICLE H: GRANTING CLAUSE
2.01 GRANMG CLAUSE: IN CONSIDERATION OF TIRE PAYMENTS STATED IN ARTICLE IV OF THIS AGREEMENT
AND OTHER CONSIDERATION STATED THEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, AND ACCORDING TO THE COVENANTS AND COMMITMENTS HEREIN AGREED TO BE KEPT AND
PERFORMED BY THE GRANTEE, THE GRANTOR GRANTS TO THE GRANTEE THE RIGHT TO USE TEE PREMISES FOR THE
PURPOSES AND UNDER THE CONDITIONS AND OBLIGATIONS DESCRIBED IN THE FOLLOWING SECTION OF THIS
AGREEMENT.
CL940006 1 CustomerID:C000025399
pspetsio CL NewP_011615
2.02 SCOPE OF GRANTING CLAUSE: THE GRANTEE'S USE OF THE PREMISES IS SUBJECT TO COMPLIANCE WITH
THE FOLLOWING COVENANTS, OBLIGATIONS, AND CONDITIONS:
(a) Use: The Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises"
section of Attachment A and for no other purpose. Except as otherwise provided in this Agreement, the Premises are
to remain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is
specifically prohibited from modifying the Premises in any manner not authorized in this Agreement and from using,
or allowing the use by others, of the Premises for any other purpose.
(b) Trash: The Grantee shall be responsible for the removal and disposal of all trash at the Premises, whether or not
such trash is generated by the Grantee or its guests and invitees.
(c) Improvements:
(i) The Grantee's right to use the Premises is exclusive as to those alterations, additions, and/or improvements
located, or to be located, on the Premises (collectively the "Improvements"), as more specifically described under
the "Use(s) of Premises" section of Attachment A and further depicted on Attachment B, and non-exclusive as
to the remainder. The location of the Improvements shall become fixed as specified under Attachment B and
shall not be changed except by a written amendment to this Agreement. Improvements existing prior to the
execution of this Agreement are and shall remain the property of the Grantor;
(ii) Except as otherwise allowed in this Agreement, no construction, land modifications or excavation, or
permanent property improvements may be allowed or undertaken without the Grantor's prior express written
consent. The Grantee may not maintain or allow any nuisances or public hazards on the Premises, and shall be
under a duty to abate or remove any activity or property constituting or contributing to a hazard or nuisance. The
Grantee may file a criminal complaint or institute civil proceedings to protect his right of possession and
leasehold interest in the Premises against trespass of other infringement of the Grantee's rights by third parties.
The Grantee is specifically prohibited from using or allowing the use by others of the Premises for any purpose
not stated herein, including, but not limited to, mining, hauling, or otherwise removing rock, sand, gravel,
aggregate, or other such materials, without the Grantor's prior express written approval;
(iii) Prior to undertaking construction or installation of Improvements on the Premises, the Grantee shall provide
written notice of the terms of this Agreement to each person or entity authorized by the Grantee to perform any
such activity on its behalf. If a dispute arises concerning construction or installation of the Improvements, the
Grantee shall provide the Grantor with a copy of all applicable notices within ten (10) days of the Grantor's
written request;
(iv) The Grantee, in its sole cost and expense, shall make, and be solely responsible for, any repairs,
maintenance, or replacements to the Improvements that the Grantor considers necessary or as required by this
Agreement. If the Grantee fails or refuses to honor such a request, or in case of an emergency, the Grantor may
make such repairs, maintenance, renewals, or replacements. THE GRANTEE WAIVES ANY CLAIM FOR DAMAGE
CAUSED THEREBY AND IS LIABLE TO THE GRANTOR FOR ANY COSTS INCURRED;
(v) Prior to expiration of this Agreement or upon notice of termination, the Grantee shall remove all of the
Improvements, remove any resulting debris, and pay Grantor all monies due. The grantee shall take whatever
measures are necessary to restore the area involved as nearly as practicable to the same condition that existed
prior to placement of any Improvements. If the Grantee fails to comply with this provision, the Grantor shall
have the right to perform the work, in which event the Grantee shall be liable to the Grantor for all cost, loss, and
damage incurred by the Grantor;
(vi) Notwithstanding the preceding, pursuant to Title 31 of the Texas Administrative Code, the Grantor may
waive the removal/restoration requirements in this Section if, in the Grantor's sole opinion and discretion, such
waiver is in the best interest of the State. Any such waiver shall be in writing and may be conditioned upon
factors including the nature and sensitivity of the natural resources in the area, potential damage to or destruction
of property, beneficial uses of the existing improvement(s), and other factors considered to be in the best interest
of the State; and
(vii) Grantee shall insure that all Improvements constructed, placed, or operated by it on the Premises are visible
to operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that
Improvements constructed, placed, or operated by it on the Premises do not constitute a hazard to operators of
marine craft. Grantee may not restrict or prevent other persons from access to navigating open, navigable waxers.
CL940006 2 CustomerID:C000025399
pspetsio CL NewP 011615
r
(d) Adjacent Property:
(i) The Premises are located adjacent to property that is owned by the Grantee or in which the Grantee has a
possessory interest (the "Adjacent Property") and is further described under the "Adjacent Property" section of
Attachment A; and
(ii) If the Grantee is divested of its interest in the Adjacent Property, the Grantor may terminate this Agreement
upon ten (10) days written notice to the Grantee.
(e) Special Conditions: The Grantee shall adhere to the special conditions, if any, listed under the "Special
Conditions" section of Attachment A.
2.03 AS IS: THE GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES
AND ACCEPTS THE SAME "AS IS," IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE GRANTEE
ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION OF
THE GRANTOR WITH RESPECT TO THE CONDITION OF THE PREMISES, BUT IS RELYING ON THE GRANTEE'S OWN
INSPECTION OF THE PREMISES. THE GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY,
MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER EXPRESS OR IMPLIED
WARRANTY NOT EXPRESSLY SETFORTH IN THIS AGREEMENT. THE USE OF THE TERM "GRANT" IN NO WAY
IMPLIES THAT THLS AGREEMENT IS FREE OF LIENS, ENCUMBRANCES, AND/OR PRIOR RIGHTS. THE GRANTEE IS
PUT ON NOTICE THAT OTHER GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD, AND THE GRANTEE IS
ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GLO AND RECORDS OF
THE COUNTY IN WHICH THE PREMISES ARE LOCATED.
2.04 RESERVATIONS: THE GRANTOR RESERVES THE FULL USE OF THE PREMISES AND ALL RIGHTS WITH
RESPECT TO ITS SURFACE AND SUBSURFACE FOR ANY AND ALL PURPOSES EXCEPT FOR THOSE GRANTED TO THE
GRANTEE. THE AFOREMENTIONED RESERVED FULL USE OF THE PREMISES BY THE GRANTOR INCLUDES THE
RIGHT OF INGRESS, EGRESS, AND USE OF THE PREMISES BY THE GRANTOR, ITS OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES, AND OTHER AUTHORIZED USERS FOR ANY AUTHORIZED PURPOSE.
2.05 RIGHT OF ENTRY
(a) In any circumstances where the Grantor is granted a right of entry on the Premises during the term of the
Agreement, no such entry shall constitute an eviction or disturbance of the Grantee's use and possession of the
Premises, a breach by the Grantor of any of its obligations hereunder, render the Grantor liable for damages for loss of
business or otherwise, entitle the Grantee to be relieved from any of its obligations hereunder, grant the Grantee any
right of off -set or recoupment, or other remedy.
(b) In exercising any right of entry, the Grantor agrees to exercise its right of entry only at reasonable times (except
in an emergency) for purposes of inspection, repair, and as necessary to protect the State's interests, and the Grantor
agrees not to unreasonably interfere with the Grantee's authorized use of the Premises. The Grantee shall provide the
Grantor with keys or combinations to all locks that may limit access to the Premises.
(c) Further, the Grantee authorizes the State, its officers, agents, representatives, and employees to access the
Premises over and across Grantee's Adjacent Property. Grantor agrees to use the Adjacent Property only to the extent
and for the length of time necessary to provide access to and from the Premises. The foregoing authorization creates
a license only, and does not create an easement over the Adjacent Property.
(d) Grantee acknowledges that Grantor's right of ingress and egress shall remain in effect as long as any
improvements placed on the Premises by Grantee remain on the Premises and/or as necessary for Grantor to confirm
the removal (in whole or in part) of those improvements.
(e) Any aforementioned right of entry shall survive the termination of this Contract.
2.06 DAMAGE OR DESTRUCTION OF PREMISES AND/OR IMPROVEMENTS: NO DAMAGE TO THE PREMISES, OR
DAMAGE TO OR DESTRUCTION OF ANY IMPROVEMENTS, SHALL IN ANY WAY ALTER, AFFECT, OR MODIFY THE
GRANTEE'S OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT ANY SUCH DAMAGE OR DESTRUCTION EXCEEDS
THE COST LISTED UNDER THE "COST OF DAMAGE" SECTION OF ATTACHMENT A PER EVENT TO REPAIR, THE
GRANTEE SHALL GIVE WRITTEN NOTICE TO GRANTOR WITHIN SEVEN (7) CALENDAR DAYS OF THE DAMAGE OR
DESTRUCTION, INCLUDING A DESCRIPTION OF THE DAMAGE OR DESTRUCTION AND, AS FAR AS KNOWN TO THE
GRANTEE, THE CAUSE OF THE DAMAGE OR DESTRUCTION. THE GRANTEE SHALL IMMEDIATELY REMOVE ALL DEBRIS
CL940006 3 CustomerID:C000025399
pspetsio CL NewP_011615
S
RESULTING FROM SUCH DAMAGE OR DESTRUCTION AND TAKE SUCH ACTION AS IS NECESSARY TO PLACE THE
PREMISES IN A NEAT, SAFE CONDITION. WITHIN 90 DAYS OF THE EVENT CAUSING THE DAMAGE OR DESTRUCTION,
THE GRANTEE MUST EITHER REPAIR OR REPLACE THE IMPROVEMENTS, IF PERMITTED BY LAW, OR RETURN THE
PREMISES TO THEIR NATURAL CONDITION. THE GRANTOR MAY MAKE REPAIRS OR REPLACEMENTS PURSUANT TO
THIS SECTION, WHEREUPON THE GRANTEE SHALL BE LIABLE TO PAY THE GRANTOR, UPON DEMAND, THE COST AND
EXPENSE INCURRED IN ACCOMPLISHING SUCH ACTION. ANY FAILURE BY THE GRANTEE TO MAKE SUCH PAYMENT TO
THE GRANTOR MAY BE TREATED BY THE GRANTOR AS AN EVENT OF DEFAULT.
ARTICLE III: TERM
The effective date and. termination date of this Agreement are specified under the "Effective and Termination Dates"
section of Attachment A, unless renewed or earlier terminated as provided herein. Unless otherwise specified herein,
renewal of this Agreement is at the sole discretion of the Grantor.
ARTICLE IV: CONSIDERATION
THE GRANTEE SHALL PAY, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS SET FORTH IN THIS
AGREEMENT, THE PAYMENT(S) AND/OR FEE(S) LISTED UNDER THE "PAYMENT(S) AND/OR FEE(S)" SECTION OF
ATTACHMENT A ON OR BEFORE THE DUE DATE.
ARTICLE V: EVENTS OF DEFAULT
5.01 EVENTS OF DEFAULT: WITH RESPECT TO THE GRANTEE, IT SHALL BE AN EVENT OF DEFAULT HEREUNDER
("EVENT OF DEFAULT") IF:
(a) the Grantee fails or refuses to timely pay Consideration or any other payments required by this Agreement after it
becomes due;
(b) the Grantee fails or refuses to comply, timely perform, or observe any of the covenants, duties, obligations, and/or
conditions under this Agreement;
(c) the Grantee abandons or vacates the Improvements, the Premises, or any significant portion thereof;
(d) there is an entry of a court order requiring the dissolution, winding up, or termination of the Grantee's business
affairs; or
(e) the Grantee fails to materially comply with rules and regulations in the Texas Administrative Code, the Texas
Natural Resources Code, or any other rules or regulations promulgated by any state or federal governmental entity
with proper jurisdiction over any of the uses permitted under this Agreement, unless such a failure to comply is
redressed through an enforcement action by an applicable state agency with proper jurisdiction.
5.02 NOTICE AND CURE: There shall be no consequences for an Event of Default under this Agreement, unless
the defaulting party receives written notice of the Event of Default and such Event of Default continues for a period of
30 days after the defaulting party receives the notice. A notice of Event of Default shall specify the event or events
constituting the default. This 30 day period shall be extended if the act, event, or condition is one that by its nature or
circumstances reasonably requires more than 30 days to cure; provided, however, the defaulting party shall promptly
and in good faith initiate and diligently pursue measures that are expected to cure or eliminate the Event of Default in
a reasonable period of time. If either party fails to cure an Event of Default, the non -defaulting party shall be entitled
to terminate this Agreement by written notice. This notice and cure provision does not apply to an Event of Default
under provision 5.01(a) or any emergency situations that affect public health or safety.
5.03 CUMULATIVE RIGHTS AND REMEDIES; NO WAIVER: IF AN EVENT OF DEFAULT OCCURS AND THE
GRANTEE FAILS TO CURE WITHIN THE PERIOD PROVIDED ABOVE, THE GRANTOR MAY, AT ITS OPTION, DO ANY ONE OR
MORE OF THE FOLLOWING:
(a) terminate this Agreement by sending written notice of such termination, in which event the Grantee shall
immediately surrender possession of the Premises to the Grantor (such termination shall not prejudice the rights of the
Grantor for any claim of payments due);
CL940006 4 CustomerID:C000025399
pspetsio CL NewP_011615
(b) enter upon and take possession of the Premises and expel or remove the Grantee and any other occupant, with or
without having terminated the Agreement; or
(c) alter locks and other security devices, if any, at the Premises.
The failure of either the Grantee or the Grantor to insist at any time upon the strict observance or performance of any
of the provisions of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair
any other right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults.
Every right and remedy given by this Agreement to the Grantee or the Grantor may be exercised from time -to -time
and as often as may be deemed expedient by the Grantee or the Grantor, as the case may be. In an Event of Default,
the Grantor shall have the option, but not the obligation, to mitigate its damages.
ARTICLE VI: GENERAL TERMS, CONDITIONS, AND EXCEPTIONS
6.01 ASSIGNMENT: THE GRANTEE SHALL NOT ASSIGN OR OTHERWISE DISPOSE OF AN INTEREST IN THIS
AGREEMENT OR THE PREMISES WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE GRANTOR; AND ANY
ATTEMPT TO ASSIGN OR OTHERWISE DISPOSE WITHOUT CONSENT SHALL BE VOID AND OF NO EFFECT. THIS
PROHIBITION AGAINST ASSIGNING OR DISPOSITION SHALL BE CONSTRUED TO INCLUDE A PROHIBITION AGAINST ANY
ASSIGNMENT OR DISPOSITION BY OPERATION OF LAW. IF THIS AGREEMENT IS ASSIGNED, OR IF AN INTEREST IN THIS
AGREEMENT OR THE PREMISES IS DISPOSED OF, THE GRANTOR MAY NEVERTHELESS COLLECT CONSIDERATION FROM
THE ASSIGNEE AND APPLY THE NET AMOUNT COLLECTED TO THE CONSIDERATION PAYABLE HEREUNDER. NO SUCH
TRANSACTION OR COLLECTION OF CONSIDERATION SHALL RELEASE THE GRANTEE FROM THE FURTHER
PERFORMANCE OF ITS COVENANTS, DUTIES, AND OBLIGATIONS.
6.02 INDEMNIFY: EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE
OF THE GRANTOR, THE GRANTEE SHALL INDEMNIFY AND HOLD HARMILESS THE GRANTOR AND THE GRANTOR'S
OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES 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 OR OCCUPANCY OF THE PREMISES;
■ ANY NEGLIGENCE, ACT, OMISSION, NEGLECT, OR MISCONDUCT OCCURRING IN, ON, OR ABOUT THE
PREMISES; 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.
THE GRANTEE ASSUMES RESPONSIBILITY FOR THE CONDITION OF THE PREMISES. THE GRANTEE EXPRESSLY
AGREES TO USE AND OCCUPY THE PREMISES AND PLACE ANY IMPROVEMENTS ON THE PREMISES AT ITS OWN
RISK. THE GRANTEE SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES,
CUSTOMERS, 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 GRANTOR.
6.03 PROTECTION OF NATURAL AND HISTORICAL RESOURCES
(a) Unauthorized Discharge: The Grantee shall use the highest degree of care and all appropriate safeguards to
prevent pollution of air, ground, or water in, on, or about the Premises through an unauthorized discharge, and to
protect and preserve natural resources and wildlife habitat. In the event of such discharge or damage to natural
resources in, on, or about the Premises that is the result of an act or omission of the Grantee, its officers, employees,
agents, representatives, contractors, and/or invitees, the Grantee shall immediately notify appropriate agencies of the
State of Texas and the Grantor and undertake all required and appropriate action to remedy the same. The Grantee
shall be liable for all damages to the Premises, public lands, and waters as a result of such act or omission and for
mitigation of any such damages.
CL940006 5 CustomerID:C000025399
pspetsio CL NewP_011615
(b) Natural Historical Preservation Act and Antiquities Code of Texas: THE GRANTEE IS EXPRESSLY PLACED ON
NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 AND THE ANTIQUITIES CODE OF TEXAS.
IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT, OR OTHER FEATURE OF ARCHEOLOGICAL,
SCIENTIFIC, EDUCATIONAL, CULTURAL, OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES
AUTHORIZED BY THIS AGREEMENT, THE GRANTEE SHALL EMAIEDIATELY CEASE SUCH ACTIVITIES AND SHALL
IMMEDIATELY NOTIFY THE GRANTOR AND THE TEXAS HISTORICAL COMMISSION, SO THAT ADEQUATE
MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE.
6.04 COMPLIANCE WITH OTHER LAWS; NUISANCE: THE GRANTEE, AT ITS OWN EXPENSE, WILL COMPLY WITH
ALL FEDERAL, STATE, MUNICIPAL, AND OTHER LAWS, CODES, ORDINANCES, RULES, AND REGULATIONS APPLICABLE
TO THE PREMISES; AND WILL INSTALL, REMOVE, AND ALTER SUCH EQUIPMENT AND FACILITIES IN, AND MAKE SUCH
ALTERATIONS TO, THE PREMISES AS MAY BE NECESSARY TO COMPLY. THE GRANTEE WILL NOT MAKE ANY
UNLAWFUL USE OF THE PREMISES OR PERMIT ANY UNLAWFUL USE THEREOF; AND WILL NOT COMMIT, OR PERMIT
ANYONE ELSE TO COMMIT, ANY ACT THAT IS A NUISANCE OR ANNOYANCE TO THE GRANTOR OR ADJACENT PROPERTY
OWNERS OR TENANTS, OR WHICH MIGHT, IN THE EXCLUSIVE JUDGMENT OF THE GRANTOR, DAMAGE THE GRANTOR'S
GOODWILL OR REPUTATION, OR TEND TO INJURE OR DEPRECIATE THE VALUE OF THE PREMISES AND/OR ANY
IMPROVEMENTS LOCATED THEREON. THE OBLIGATIONS OF THE GRANTEE UNDER THIS SECTION SHALL SURVIVE ANY
TERMINATION OF THIS AGREEMENT.
6.05 NOTICE
(a) The Grantee shall provide written notice to the Grantor of any change in the Grantee's name, address, corporate
structure, legal status or any other information relevant to this Agreement. The Grantee shall provide to the Grantor
any other information reasonably requested by the Grantor in writing within 30 days following such request.
(b) Any payments and required written notices under this Agreement shall be delivered by hand, facsimile, or United
States Registered or Certified Mail, adequate postage prepaid, to the address(es) listed under the "Address(es) for
Notification" section of Attachment A. A party may change its address by giving notice as provided above. No
change of address shall be binding until notice of such change of address is given as required.
6.06 SEVERABILITY: IF ANY PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE UNENFORCEABLE BY A
COURT OF LAW OR EQUITY, THIS AGREEMENT SHALL BE CONSTRUED AS IF SUCH PROVISION DID NOT EXIST AND THE
NON -ENFORCEABILITY OF SUCH PROVISION SHALL NOT BE HELD TO RENDER ANY OTHER PROVISION OR PROVISIONS
OF THIS AGREEMENT UNENFORCEABLE.
6.07 ENTIRE AGREEMENT: THIS AGREEMENT AND ITS ATTACHMENTS CONSTITUTE THE ENTIRE AGREEMENT OF
THE PARTIES AND SUCH ARE INTENDED AS A COMPLETE AND EXCLUSIVE STATEMENT OF THE PROMISES,
REPRESENTATIONS, NEGOTIATIONS, DISCUSSIONS, AND OTHER AGREEMENTS THAT MAY HAVE BEEN MADE IN
CONNECTION WITH THE SUBJECT MATTER HEREOF. UNLESS AN ATTACHMENT TO THIS AGREEMENT SPECIFICALLY
DISPLAYS A MUTUAL INTENT TO AMEND A PARTICULAR PART OF THIS AGREEMENT, GENERAL CONFLICTS IN
LANGUAGE BETWEEN ANY SUCH ATTACHMENT AND THIS AGREEMENT SHALL BE CONSTRUED CONSISTENTLY WITH
THE TERMS OF THIS AGREEMENT. UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY THE TERMS OF THIS AGREEMENT,
NO MODIFICATION, RENEWAL, EXTENSION, OR AMENDMENT TO THIS AGREEMENT SHALL BE BINDING UPON THE
PARTIES UNLESS THE SAME IS IN WRITING AND SIGNED BY THE RESPECTIVE PARTIES HERETO.
6.08 TAXES: THE GRANTEE SHALL, AS FURTHER CONSIDERATION FOR THIS AGREEMENT, PAY AND DISCHARGE
ALL "TAXES" (AS HEREINAFTER DEFINED) PROPERLY ASSESSED IN ANY CALENDAR YEAR (OR PORTION THEREOF)
DURING THE TERM OF THIS AGREEMENT. FOR THE PURPOSES OF THIS AGREEMENT, THE TERM "TAXES" MEANS ALL
TAXES, ASSESSMENTS, IMPOSITIONS, LEVIES, CHARGES, EXCISES, FEES, LICENSES, AND OTHER SUMS (WHETHER NOW
EXISTING OR HEREAFTER ARISING, WHETHER FORESEEN OR UNFORESEEN, AND WHETHER UNDER THE PRESENT
SYSTEM OF TAXATION OR SOME OTHER SYSTEM), THAT DURING THE TERM OF THIS AGREEMENT MAY BE LEVIED,
ASSESSED, CHARGED, OR IMPOSED BY ANY GOVERNMENTAL AUTHORITY OR OTHER TAXING AUTHORITY OR ACCRUE
ON THE PREMISES AND ANY IMPROVEMENTS OR OTHER PROPERTY THEREON, WHETHER BELONGING TO THE GRANTOR
OR THE GRANTEE, OR TO WHICH EITHER OF THEM MAY BECOME LIABLE IN RELATION THERETO. THE TERM "TAXES"
SHALL ALSO INCLUDE ALL PENALTIES, INTEREST, AND OTHER CHARGES PAYABLE BY REASON OF ANY DELAY OR
CL940006 6 CustomerID:C000025399
pspetsio CL NewP_011615
FAILURE OR REFUSAL OF THE GRANTEE TO MAKE TIMELY PAYMENTS AS REQUIRED PURSUANT TO THIS PROVISION.
THE GRANTEE AGREES TO AND SHALL INDEMNIFY AND HOLD THE GRANTOR HARMLESS FROM LIABILITY FOR
ANY AND ALL TAXES, TOGETHER WITH ANY INTEREST, PENALTIES, OR OTHER SUMS IMPOSED, AND FROM ANY
SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT THEREOF.
6.09 ENCUMBRANCE OF INTEREST: THE GRANTEE MAY NOT MORTGAGE, HYPOTHECATE, ENCUMBER, OR GRANT
ANY DEED OF TRUST OR SECURITY INTEREST THAT ENCUMBERS THE PREMISES. FURTHER, THE GRANTEE MAY NOT
COLLATERALLY ASSIGN ANY RENT OR OTHER INCOME GENERATED FROM THE PREMISES. PRIOR TO EXPIRATION OR
TERMINATION OF THIS AGREEMENT, THE GRANTEE WILL PROVIDE THE GRANTOR WITH DOCUMENTATION SUFFICIENT
TO EVIDENCE THE GRANTOR'S OWNERSHIP OF THE IMPROVEMENTS NOT REQUIRED TO BE REMOVED PER ARTICLE II.
6.10 PROPER AUTHORITY: EACH PARTY HERETO REPRESENTS AND WARRANTS THAT THE PERSON EXECUTING
THIS AGREEMENT ON ITS BEHALF HAS FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT.
6.11 RELATIONSHIP OF THE PARTIES: NOTHING CONTAINED IN THIS CONTRACT SHALL BE DEEMED OR
CONSTRUED TO CREATE A PARTNERSHIP OR JOINT VENTURE, TO CREATE RELATIONSHIPS OF AN EMPLOYER -EMPLOYEE
OR PRINCIPAL -AGENT, OR TO OTHERWISE CREATE FOR THE GRANTOR ANY LIABILITY WHATSOEVER WITH RESPECT TO
THE INDEBTEDNESS, LIABILITIES, AND OBLIGATIONS OF THE GRANTEE OR ANY OTHER PARTY.
6.12 GRANTEE'S WAIVER OF CERTAIN RIGHTS AND ASSERTIONS: THE GRANTEE WAIVES AND RELINQUISHES
ALL RIGHTS THAT THE GRANTEE MIGHT HAVE TO CLAIM ANY NATURE OF LIEN AGAINST THE GRANTOR AND THE
PREMISES, OR WITHHOLD OR DEDUCT FROM OR OFFSET AGAINST ANY CONSIDERATION OR OTHER SUMS PROVIDED
HEREUNDER TO BE PAID TO THE GRANTOR BY THE GRANTEE. THE GRANTEE WAIVES AND RELINQUISHES ANY RIGHT,
EITHER AS A CLAIM OR AS A DEFENSE, THAT THE GRANTOR IS BOUND TO PERFORM OR IS LIABLE FOR THE
NONPERFORMANCE OF ANY IMPLIED COVENANT OR IMPLIED DUTY OF THE GRANTOR NOT EXPRESSLY SET FORTH IN
THIS AGREEMENT.
IN TESTIMONY WHEREOF, witness my hand and the Seal of Office.
GRANTOR: THE STATE OF TEXAS
Signature: Date:
GEORGE P. BUSH
Commissioner, General Land Office
Chairman, School Land Board
APPROVED:
Contents: 4
Legal:
Director:
Executive:
CL940006 7 CustomerID:0000025399
pspetsio CL NewP 011615
Coastal Lease: CL940006
GRANTEE:
City of Beaumont
(Signature)
ry h, 14,
(Printed Name)
(Title) It J
Date:
STATE OF °t—M S §
COUNTY OF j-e7r-�erS 0 n §
-z-TZ
ACKNOWLEDGMENT
This instrument was acknowledged before me on the % day of & C Chi 6 e r
20 20 , by & for City of Beaumont (GiW77tee or Agent Representative).
----i
[50
ANGELAMARIETHOMAS
ta1N0taridDl#it0455072
My Commission Expires
July 3, 2021
(Notary Signature)
Notary Public, State of -cX Ct S
My commission expires: jq/
CL940006
pspetsio
CustomerID:0000025399
CntCLAttachA 090114
ATTACHMENT A: CONTROL PAGE
COASTAL LEASE CL940006
GRANTEE'S NAME
City of Beaumont
PREMISES
A portion of Neches River, Jefferson County, Texas (the "Premises"). The Premises are further described and
depicted on Attachment B attached hereto and incorporated herein by reference.
USE(S) OF PREMISES
Authorized Use(s) of the Premises: A public boat ramp and pier facility consisting of two (2) 4' X 3 P, 5' X 89', 5' X
13', 4' X 49', 6' X 49', 5' X 95', and 4' X 50' walkways comprising a total encumbrance of 1,923 square feet; two (2)
19' X 30' concrete boat ramps encumbering 1,140 square feet; 5' X 95' and 13' X 84' areas of fill encumbering
1,567 square feet; and, 4' X 20' and 6' X 92' bands of riprap encumbering 632 square feet, for a total project
encumbrance of 5,262 square feet of coastal public land.
ADJACENT PROPERTY
Plat D-28, Tract 20-A, H. Williams Jr. LGE, Collier's Ferry Park, as recorded in the real property records of County
of littoral property County, Texas.
SPECIAL CONDITIONS
1. Grantee is specifically prohibited from using or permitting the use of the Premises for any commercial or
illegal purpose. Provided the Grantor does not unreasonably interfere with Grantee's use of the Premises, the
Grantor may use or permit the use of the Premises for any purpose consistent with Grantee's use of the
Premises.
COST OF DAMAGE
One Thousand and No/100 Dollars ($1,000) per event.
EFFECTIVE AND TERMINATION DATES
This Agreement is for a total period of ten (10) years, effective on July 1, 2020, and terminating on June 30, 2030.
PAYMENT(S) AND/OR FEE(S)
In consideration of the mutual covenants and conditions set forth herein and the public benefits to be derived
therefrom, Grantor and Grantee acknowledge that no rental fees shall be assessed for the described use of the
Premises while Grantee is not in default of the terms agreed upon herein.
ADDRESs(ES) FOR NOTIFICATION
Grantor's Contact Information
Name:
Texas General Land Office
Title:
Deputy Commissioner, Professional Services
Address:
1700 N. Congress Ave.
Address:
Austin, Texas 78701-1495
Grantee's Contact Information
Name: City of Beaumont
Address: PO Box 3827
Address: Beaumont, TX 77704-3827
CL940006 CustomerID:000025399
pspetsio CntCLAttachA_090114
ATTACHMENT B:
CL940006 CustomerID:C000025399
pspetsio CntCLAttachA_090114
Neches River
Jefferson County
Flow —�
Walkway Walkway
Walkway
Walkway
(4 ft. X 49 fl.)
(4 R. X 50 ft)
4 R.•- 1.. 4ft- - �•• -4 R. HWM ••►: ;/..4 R. ••►.ft• HWM
R -4 ft. HWM
..�, �.-4 It.
-4R.HWM 47" L--
L „
m m -3 it HWM
i 7
v
X
-3ft.HWM
Sofstem Bulrush
(Sehaerrrplecfus
.......30 ft •••••p 4 ......30 ft•••••• m
ROrap •- -2.5 R. HWM ° -26 ft. HWM
(4 R. X 20 R). • Walkway 6 ft X 89 R 8 E� 9 Walkway 6 ft. X 96 ft
-••,
febameemonfaM)
Beldcypress trees Rlprap (16x60
woe (Taxodum d1sfkha) (g' A2).
...�
@
• ;z' »3 R. FIWA1i:i YJood Br%khead With Area Of FlI(
a' ""�•`
U
.... .. ::+3 ft. HWM ::::::::: (TYPhe
;: . .
U y"...........
\\l i
13 R X 94 ft. :i
c
1
Walkway
Wood Bulkhead Wlth Area Of FlII
(5 R. X 96 R)
+0 R• HVITd
°e
o
(5 ft. 13 ft)
Approxlmete smm
'6...................................I�p00 fU.................................
o~i
m
Baundery
Natural shorelnef
4
APproxlmate State
Boundary
n
pp
6
� m
tj
H!
Legal Description:
Collin's Ferry Park
Plat D-28, Tract 20-A, H. Williams Jr. LGE,
(Public Boundary)
Collier's Ferry Park
TITLE: CL940006 City of Beaumont
DATE OF INSPECTION: 2/18/2020
COMPANY: Texas General Land Office
PREPARED BY: CJensen
SCALE: Not To Scale
ATTACHMENT B
TEXAS GENERAL LAND OFFICE
GEORGE P. BUSH, COMMISSIONER
December 29, 2020
City of Beaumont
PO Box 3827
Beaumont, TX 77704-3827
RE: FULLY EXECUTED LEASE
Coastal Public Lands Lease No. CL940006
Neches River, Jefferson County, Texas
Dear Lessee:
Enclosed is the Coastal Lease contract fully executed by the Commissioner of the General Land
Office.
The lease number must be displayed on your structure in block letters and numerals no less
than 4 inches high. You may use decals or paint of a color that contrasts with that of the structure.
The lease number must be affixed to the structure in a location that can be readily seen from the
nearest access channel or bay.
Additionally, you can not authorize, assign, sublease the rights to this lease or use any structure for
commercial purposes without prior written approval by the Commissioner of the General Land
Office.
If you have any questions, please email pantelia.spetsiotis(@glo.texas.gov
Sincerely,
1� �s
Pantelia Spetsiotis
Administrative Assistant
Coastal Protection - Upper Coast Feld Office
11811 North D Street, La Porte, Texas 77571-9135
281.470.1191 Fax:281.470.8071 glo.texas.gov
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
aESAL I _9
roa
a TEXAS S GENERAL LJ LAND ®JP 1P ECE
" COASTAL LEASE NO. CL940006
By virtue of the authority granted by Chapter 33 of the Texas Natural Resources Code, Title 31 of the Texas
Administrative Code, all amendments thereto, all other applicable statutes, and subject to all rules and regulations
promulgated pursuant thereto, the State of Texas (the "Grantor"), acting by and through the Commissioner of the
General Land Office (the "GLO') as Chairman of the School Land Board (the `.hoard) on behalf of the Permanent School
Fund (the "PSF'), hereby grants to the grantee (the "Grantee") named under the "Grantee Name" section of
Attachment A, the Control Page, the right to use a tract of state-owned real property (the "Premises'), which
property is described in the "Premises" section of Attachment A and further depicted in Attachment B. for the
purposes described in this agreement (the "Agreement").
ARTICLE I: INTERPRETIVE PROVISIONS
(a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms;
(b) The words "hereof," "herein," "hereunder," and similar words refer to this Agreement as a whole and not to
any particular provision, section, Attachment, or schedule, unless otherwise specified;
(c) The term "including" is not limiting and means "including without limitation" and, unless otherwise
expressly provided in this Agreement, (i) references to agreements (including this Agreement) and other
contractual instruments shall be deemed to include all subsequent amendments and other modifications
thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms
of this Agreement; and (ii) references to any statute or regulation are to be construed. as including all statutory
and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or
regulation;
(d) The captions and headings of this Agreement are for convenience of reference only and shall not affect the
interpretation of this Agreement;
(e) All attachments within this Agreement, including those referenced by incorporation, and any amendments are
considered part of the terms of this Agreement;
(fl This Agreement may use several different limitations, regulations, or policies to regulate the same or similar
matters: All such limitations, regulations, and policies are cumulative and each shall be performed in
accordance with its terms;
(g) Unless otherwise expressly provided, reference to any action of the Grantor or by the Grantor by way of
consent, approval, or waiver shall be deemed modified by the phrase "in its/their sole discretion."
Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the
Grantor, shall not be unreasonably withheld or delayed;
(h) All :due dates and/or deadlines referenced in this Agreement that occur on a weekend or holiday shall be
considered as if occurring on the next business day;,
(i) All time periods in this Agreement shall commence on the day after the date on which the applicable event
occurred, report is submitted, or request is received; and
0) Time is. of the.essence in this Agreement.
ARTICLE II: GRANTING CLAUSE
2.01 GRANTING CLAUSE: IN CONSIDERATION OF THE PAYMENTS STATED IN ARTICLE IV OF THIS AGREEMENT
AND OTHER CONSIDERATION STATED THEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
'ACKNOWLEDGED, AND ACCORDING TO THE COVENANTS AND COMMITMENTS HEREIN AGREED TO BE KEPT AND
PERFORMED BY THE GRANTEE, THE GRANTOR GRANTS TO THE GRANTEE THE RIGHT TO USE THE PREMISES FOR THE
PURPOSES AND UNDER THE CONDITIONS AND OBLIGATIONS DESCRIBED IN THE FOLLOWING SECTION OF THIS
AGREEMENT.
CL940006 I Custamer1D:C000025399
pspetsio CL NewP 011615
..............................................................................................................................................
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
2.02 SCOPE OF GRANTING CLAUSE: THE GRANTEE'S USE OF THE PREMISES IS SUBJECT TO COMPLIANCE WITH
THE FOLLOWING COVENANTS, OBLIGATIONS, AND CONDITIONS:
(a) Use: The. Premises may be used by the Grantee solely for those uses specified under the "Use(s) of Premises"
section of Attachment A and for no other purpose. Except as otherwise provided in this Agreement, the Premises are
to remain in their current topographical and hydrologic condition during the term of the Agreement. The Grantee is
specifically prohibited from modifying the Premises in any manner not authorized in this Agreement and from using,
or allowing the use by others, of the Premises for any other purpose.
(b) Trash: The Grantee shall be responsible for the removal and disposal of all trash at the Premises, whether or not
such trash is generated by the Grantee or its guests and invitees.
(c) Improvements:
(i) The Grantee's right to use the Premises is exclusive as to those alterations, additions, and/or improvements
located, or to be located, on the Premises (collectively the "Improvements"), as more specifically described under
the "Use(s) of Premises" section of Attachment A and further depicted on Attachment B, and non-exclusive as
to the remainder. The location of the Improvements shall become fixed as specified under Attachment B and
shall not be changed except by a written amendment to this Agreement. Improvements existing prior to the
execution of this Agreement are and shall remain the property of the Grantor;
(ii) Except as otherwise allowed in this Agreement, no construction, land modifications or excavation, or
permanent property improvements may be allowed or undertaken without the Grantor's prior express written
consent. The Grantee may not maintain or allow any nuisances or public hazards on the Premises, and shall be
under a duty to abate or remove any activity or property constituting or contributing to a hazard or nuisance. The
Grantee may file a criminal complaint or institute civil proceedings to protect his right of possession and
leasehold interest in the Premises against trespass of other infringement of the Grantee's rights by third parties.
The Grantee is specifically prohibited from using or allowing the use by others of the Premises for any purpose
not stated herein, including, but not limited to, mining, hauling, or otherwise removing rock, sand, gravel,
aggregate, or other such materials, without the Grantor's prior express written approval;
(iii) Prior to undertaking construction or installation of Improvements on the Premises, the Grantee shall provide
written notice of the terms of this Agreement to each person or entity authorized by the Grantee to perform any
such activity on its behalf. If a dispute arises concerning construction or installation of the Improvements, the
Grantee shall provide the Grantor with a copy of all applicable notices within ten (10) days of the Grantor's
written request;
(iv) The Grantee, in its sole cost and expense, shall make, and be solely responsible for, any repairs,
maintenance, or replacements to the Improvements that the Grantof considers necessary or as required by this
Agreement. If the Grantee fails or refuses to honor such a request, or in case of an emergency, the Grantor may
make such repairs, maintenance, renewals, or replacements. THE GRANTEE WAIVES ANY CLAIM FOR DAMAGE
CAUSED THEREBY AND IS LIABLE TO THE GRANTOR FOR ANY COSTS INCURRED;
(v) Prior to expiration of this Agreement or upon notice of termination, the Grantee shall remove all of the
Improvements, remove any resulting debris, and pay Grantor all monies due. The grantee shall take whatever
measures are necessary to restore the area involved as nearly as practicable to the same condition that existed
prior to placement of any Improvements. If the Grantee fails to comply with this provision, the Grantor shall
have the right to perform the work, in which event the Grantee shall be liable to the Grantor for all cost, loss, and
damage incurred by the Grantor;
(vi) Notwithstanding the preceding, pursuant to Title 31 of the Texas Administrative Code, the. Grantor may
waive the removal/restoration requirements in this Section if, in the Grantor's sole opinion and discretion, such
waiver is in the best interest of the State. Any such waiver shall be in writing and may be conditioned upon
factors including the nature and sensitivity of the natural resources in the area, potential damage to or destruction
of property, beneficial uses of the existing improvement(s), and other factors considered to be in the best interest
of the State; and
(vii) Grantee shall insure that all Improvements constructed, placed, or operated by it on the Premises are visible
to operators of marine craft at all times. Grantee shall further take any and all steps necessary to insure that
Improvements constructed, placed, or operated by it on the Premises do not constitute a hazard to operators of
marine craft. Grantee may not restrict or prevent other persons from access to navigating open, navigable waters.
CL940006 2 CustomedD:0000025399
pspetsio CL NewP 011615
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
(d) Adjacent Property:
(i) The Premises are located adjacent to property that is owned by the Grantee or in which the Grantee has a
possessory interest (the "Adjacent Property") and is further described under the "Adjacent Property" section of
Attachment A; and
(ii) If the Grantee is divested of its interest in the Adjacent Property, the Grantor may terminate this Agreement
upon ten (10) days written notice to the Grantee.
(e) Special Conditions: The Grantee shall adhere to the special conditions, if any, listed under the "Special
Conditions" section of Attachment A.
2.03 AS IS: TIIE GRANTEE HAS INSPECTED Tim PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES
AND ACCEPTS THE SAME "AS IS," IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE GRANTEE
ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION OF
THE GRANTOR WITH RESPECT TO THE CONDITION OF THE PREMTSES, BUT IS RELYING ON THE GRANTEE'S OWN
INSPECTION OF THE PREMISES. THE GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY,
MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY OTHER EXPRESS OR IMPLIED
WARRANTY NOT EXPRESSLY SET FORTH IN TITS AGREEMENT. TIME USE OF THE TERM "GRANT" IN NO WAY
IMPLIES THAT THIS AGREEMENT IS FREE OF LIENS, ENCUMBRANCES, AND/OR PRIOR RIGHTS. THE GRANTEE is
PUT ON NOTICE THAT OTHER GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD, AND THE GRANTEE IS
ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GLO AND RECORDS OF
THE COUNTY IN WHICH THE PREMISES ARE LOCATED.
2.04 RESERVATIONS: THE GRANTOR RESERVES THE FULL USE OF THE PRE, miSES AND ALL RIGHTS WITH
RESPECT TO ITS SURFACE AND SUBSURFACE FOR ANY AND ALL PURPOSES EXCEPT FOR THOSE GRANTED TO THE
GRANTEE. THE AFOREMENTIONED RESERVED FULL USE OF THE PREMISES BY THE GRANTOR INCLUDES THE
RIGHT OF INGRESS, EGRESS, AND USE OF THE PREMISES BY THE GRANTOR, ITS OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES, AND OTHER AUTHORIZED USERS FOR ANY AUTHORIZED PURPOSE.
2.05 RIGHT OF ENTRY
(a) In any circumstances where the Grantor is granted a right of entry on the Premises during the term of the
Agreement, no such entry shall constitute an eviction or disturbance of the Grantee's use and possession of the
Premises, a breach by the Grantor of any of its obligations hereunder, render the Grantor liable for damages for loss of
business or otherwise, entitle the Grantee to be relieved from any of its obligations hereunder, grant the Grantee any
right of off -set or recoupment, or other remedy.
(b) In exercising any right of entry, the Grantor agrees to exercise its right of entry only at reasonable times (except
in an emergency) for purposes of inspection, repair, and as necessary to protect the State's interests, and the Grantor
agrees not to unreasonably interfere with the Grantee's authorized use of the Premises. The Grantee shall provide the
Grantor with keys or combinations to all locks that may limit access to the Premises.
(c) Further, the Grantee authorizes the State, its officers, agents, representatives, and employees to access the
Premises over and across Grantee's Adjacent Property. Grantor agrees to use the Adjacent Property only to the extent
and for the length of time necessary to provide access to and from the Premises. The foregoing authorization creates
a license only, and does not create an easement over the Adjacent Property.
(d) Grantee acknowledges that Grantor's right of ingress and egress shall remain in effect as long as any
improvements placed on the Premises by Grantee remain on the Premises and/or as necessary for Grantor to confirm
the removal (in whole or in part) of those improvements.
(e) Any aforementioned right of entry shall survive the termination of this Contract.
2.06 DAMAGE OR DESTRUCTION OF PREMISES AND/OR IMPROVEMENTS: NO DAMAGE TO THE PREMISES, OR
DAMAGE TO OR DESTRUCTION OF ANY IMPROVEMENTS, SHALL IN ANY WAY ALTER, AFFECT, OR MODIFY THE
GRANTEE'S OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT ANY SUCH DAMAGE OR DESTRUCTION EXCEEDS
THE COST LISTED UNDER THE "COST OF DAMAGE" SECTION OF ATTACHMENT A PER EVENT TO REPAIR, THE
GRANTEE SHALL GIVE WRITTEN NOTICE TO GRANTOR WITHIN SEVEN (7) CALENDAR DAYS OF THE DAMAGE OR
DESTRUCTION, INCLUDING A DESCRIPTION OF THE DAMAGE OR DESTRUCTION AND, AS FAR AS KNOWN, TO THE
GRANTEE, THE CAUSE OF THE DAMAGE OR DESTRUCTION. THE GRANTEE SHALL IMMEDIATELY REMOVE ALL DEBRIS
CL940006 3 CustomerID:C000025399
pspetsio CL NcwP 0l 1615
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
RESULTING FROM SUCH DAMAGE OR DESTRUCTION AND TAKE SUCH ACTION AS IS NECESSARY TO PLACE THE
PREMISES IN A NEAT, SAFE CONDITION. WITHIN 90 DAYS OF THE EVENT CAUSING THE DAMAGE OR DESTRUCTION,
THE GRANTEE MUST EITHER REPAIR OR REPLACE THE IMPROVEMENTS, IF PERMITTED BY LAW, OR RETURN THE
PREMISES TO THEIR NATURAL CONDITION. THE GRANTOR MAY MAKE REPAIRS OR REPLACEMENTS PURSUANT TO
THIS SECTION, WHEREUPON THE GRANTEE SHALL BE LIABLE TO PAY THE GRANTOR, UPON DEMAND, THE COST AND
EXPENSE INCURRED IN ACCOMPLISHING SUCH ACTION. ANY FAILURE BY THE GRANTEE TO MAKE SUCH PAYMENT TO
THE GRANTOR MAY BE TREATED BY THE GRANTOR AS AN EVENT OF DEFAULT.
ARTICLE III: TERM
The effective date and. termination date of this Agreement are specified under the `Effective and Termination Dates"
section of Attachment A, unless renewed or earlier terminated as provided herein. Unless otherwise specified herein,
renewal of this Agreement is at the sole discretion of the Grantor.
ARTICLE IV: CONSIDERATION
THE GRANTEE SHALL PAY, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS SET FORTH IN TIES
AGREEMENT, THE PAYMENT(S) AND/OR FEE(S) LISTED UNDER THE "PAYMENT(S) AND/OR FEE(S)" SECTION OF
ATTACHMENT A ON OR BEFORE THE DUE DATE.
ARTICLE V: EVENTS OF DEFAULT
5.01 EVENTS OF DEFAULT: WITH RESPECT TO THE GRANTEE, IT SHALL BE AN EVENT OF DEFAULT HEREUNDER
("EVENT OF DEFAULT") IF:
(a) the Grantee fails or refuses to timely pay Consideration or any other payments required by this Agreement after it
becomes due;
(b) the Grantee fails or refuses to comply, timely perform, or observe any of the covenants, duties, obligations, and/or
conditions under this Agreement;
(c) the Grantee abandons or vacates the Improvements, the Premises, or any significant portion thereof,
(d) there is an entry of a court order requiring the dissolution, winding up, or termination of the Grantee's business
affairs; or
(e) the Grantee fails to materially comply with rules and regulations in the Texas Administrative Code, the Texas
Natural Resources Code, or any other rules or regulations promulgated by any state or federal governmental entity
with proper jurisdiction over any of the uses permitted under this Agreement, unless such a failure to comply is
redressed through an enforcement action by an applicable state agency with proper jurisdiction.
5.02 NOTICE AND CURE: There shall be no consequences for an Event of Default under this Agreement, unless
the defaulting party receives written notice of the Event of Default and such Event of Default continues for a period of
30 days after the defaulting party receives the notice. A notice of Event of Default shall specify the event or events
constituting the default. This 30 day period shall be extended if the act, event, or condition is one that by its nature or
circumstances reasonably requires more than 30 days to cure; provided, however, the defaulting party shall promptly
and in good faith initiate and diligently pursue measures that are expected to cure or elnninate the Event of Default in
a reasonable period of time. If either party fails to cure an Event of Default, the non -defaulting party shall be entitled
to terminate this Agreement by written notice. This notice and cure provision does not apply to an Event of Default
under provision 5.01(a) or any emergency situations that affect public health or safety.
5.03 CUMULATIVE RIGHTS AND REMEDIES; NO WAIVER: IF AN EVENT OF DEFAULT OCCURS AND THE
GRANTEE FAILS TO CURE WITHIN THE PERIOD PROVIDED ABOVE, THE GRANTOR MAY, AT ITS OPTION, DO ANY ONE OR
MORE OF THE FOLLOWING:
(a) terminate this Agreement by sending written notice of such termination, in which event the Grantee shall
immediately surrender possession of the Premises to the Grantor (such tennination shall not prejudice the rights of the
Grantor for any claim of payments due);
CL940006 4 CustomerID:0000025399
pspetsio CLNewP_011615
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
(b) enter upon and take possession of the Premises and expel or remove the Grantee and any other occupant, with or
without having terminated the Agreement; or
(c) alter locks and other security devices, if any, at the Premises.
The failure of either the Grantee or the Grantor to insist at any time upon the strict observance or performance of any
of the provisions of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair
any other right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults.
Every right and remedy given by this Agreement to the Grantee or the Grantor may be exercised from time -to -time
and as often as may be deemed expedient by the Grantee or the Grantor, as the case may be. In an Event of Default,
the Grantor shall have the option, but not the obligation, to mitigate its damages.
ARTICLE VI: GENERAL TERMS, CONDITIONS, AND EXCEPTIONS
6.01 ASSIGNMENT: THE GRANTEE SHALL NOT ASSIGN OR OTHERWISE DISPOSE OF AN INTEREST IN THIS
AGREEMENT OR THE PREMISES WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE GRANTOR; AND ANY
ATTEMPT TO ASSIGN OR OTHERWISE DISPOSE WITHOUT CONSENT SHALL BE VOID AND OF NO EFFECT. THIS
PROHIBITION AGAINST ASSIGNING OR DISPOSITION SHALL BE CONSTRUED TO INCLUDE A PROHIBITION AGAINST ANY
ASSIGNMENT OR DISPOSITION BY OPERATION OF LAW. IF THIS AGREEMENT IS ASSIGNED, OR IF AN INTEREST IN THIS
AGREEMENT OR THE PREMISES IS DISPOSED OF, THE GRANTOR MAY NEVERTHELESS COLLECT CONSIDERATION FROM
THE ASSIGNEE AND APPLY THE NET AMOUNT COLLECTED TO THE CONSIDERATION PAYABLE HEREUNDER. NO SUCH
TRANSACTION OR COLLECTION OF CONSIDERATION SHALL RELEASE THE GRANTEE FROM THE FURTHER
PERFORMANCE OF ITS COVENANTS, DUTIES, AND OBLIGATIONS.
6.02 INDEMNITY: EXCEPT FOR DAMAGES DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE
OF THE GRANTOR, THE GRANTEE SHALL INDEMNIFY AND BOLD HARMLESS THE GRANTOR AND THE GRANTOR'S
OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES 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 OR OCCUPANCY OF THE PREMISES;
o ANY NEGLIGENCE, ACT, OMISSION, NEGLECT, OR MISCONDUCT OCCURRING IN, ON, OR ABOUT THE
PREMISES; 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.
THE GRANTEE ASSUMES RESPONSIBILITY FOR THE CONDITION OF THE PREMISES. THE GRANTEE EXPRESSLY
AGREES TO USE AND OCCUPY THE PREMISES AND PLACE ANY IMPROVEMENTS ON THE PREMISES AT ITS OWN
RISK. THE GRANTEE SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS EMPLOYEES,
CUSTOMERS, AND INVITEES. THESE REQUIREMENTS SHALL SURVIVE THE TERM OF THUS AGREEMENT UNTIL ALL
CLAIMS HAVE BEEN SETTLED OR RESOLVED AND SUITABLE EVIDENCE TO THAT EFFECT HAS BEEN FURNISHED TO
THE GRANTOR.
6.03 PROTECTION OF NATURAL AND HISTORICAL RESOURCES
(a) Unauthorized Discharge: The Grantee shall use the highest degree of care and all appropriate safeguards to
prevent pollution of air, ground, or water in, on, or about the Premises through an unauthorized discharge, and to
protect and preserve natural resources and wildlife habitat. In the event of such discharge or damage to natural
resources in, on, or about the Premises that is the result of an act or omission of the Grantee, its officers, employees,
agents, representatives, contractors, and/or invitees, the Grantee shall immediately notify appropriate agencies of the
State of Texas and the Grantor and undertake all required and appropriate action to remedy the same. The Grantee
shall be liable for all damages to the Premises, public Iands, and waters as a result of such act or omission and for -
mitigation of any such damages.
CL940006 5 CustomerlD:C000025399
pspetsio CL NeivP_011615
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
(b) Natural Historical Preservation Act and Antiquities Code of Texas: THE GRANTEE IS EXPRESSLY PLACED ON
NOTICE OF THE NATIONAL .HISTORICAL PRESERVATION ACT OF 1966 AND THE ANTIQUITIES CODE OF TEXAS.
IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT, OR OTHER FEATURE OF ARCHEOLOGICAL,
SCIENTIFIC, EDUCATIONAL, CULTURAL, OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES
AUTHORIZED BY THIS AGREEMENT, THE GRANTEE SHALL IMMEDIATELY CEASE SUCH ACTIVITIES AND SHALL
IMAMDIA.TELY NOTIFY THE GRANTOR AND THE TEXAS HISTORICAL COMMISSION, SO THAT ADEQUATE
MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE.
6.04 COMPLIANCE WITH OTHER LAWS; NUISANCE: THE GRANTEE, AT ITS OWN EXPENSE, WILL COMPLY WITH
ALL FEDERAL, STATE, MUNICIPAL, AND OTHER LAWS, CODES, ORDINANCES, RULES, AND REGULATIONS APPLICABLE
TO THE PREMISES; AND WILL INSTALL, REMOVE, AND ALTER SUCH EQUIPMENT AND FACILITIES IN, AND MAKE SUCH
ALTERATIONS TO, THE PREMISES AS MAY BE NECESSARY TO COMPLY, THE GRANTEE WILL NOT MAKE ANY
UNLAWFUL USE OF THE PREMISES OR PERMIT ANY UNLAWFUL USE THEREOF; AND WILL NOT COMMIT, OR PERMIT
ANYONE ELSE TO COMMIT, ANY ACT THAT IS A NUISANCE OR ANNOYANCE TO THE GRANTOR OR ADJACENT PROPERTY
OWNERS OR TENANTS, OR WHICH MIGHT, IN THE EXCLUSIVE JUDGMENT OF THE GRANTOR, DAMAGE THE GRANTOR'S
GOODWILL OR REPUTATION, OR TEND TO INJURE OR DEPRECIATE THE VALUE OF THE PREMISES AND/OR ANY
IMPROVEMENTS LOCATED THEREON. THE OBLIGATIONS OF THE GRANTEE UNDER THIS SECTION SHALL SURVIVE ANY
TERMINATION OF THIS AGREEMENT.
6.05 NOTICE
(a) The Grantee shall provide written notice to the Grantor of any change in the Grantee's name, address, corporate
structure, legal status or any other information relevant to this Agreement. The Grantee shall provide to the Grantor
any other information reasonably requested by the Grantor in writing within 30 days following such request.
(b) Any payments and required written notices under this Agreement shall be delivered by hand, facsimile, or United
States Registered or Certified Mail, adequate postage prepaid, to the address(es) listed under the "Address(es) for -
Notification" section of Attachment A. A party may change its address by giving notice as provided above. No
change of address shall be binding until notice of such change of address is given as required.
6.06 SEVERABH.ITY: IF ANY PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE UNENFORCEABLE BY A
COURT OF LAW OR EQUITY, THIS AGREEMENT SHALL BE CONSTRUED AS IF SUCH PROVISION DID NOT EXIST AND THE
NON -ENFORCEABILITY OF SUCH PROVISION SHALL NOT BE HELD TO RENDER ANY OTHER PROVISION OR PROVISIONS
OF THIS AGREEMENT UNENFORCEABLE.
6.07 ENTIRE AGREEMENT: THIS AGREEMENT AND ITS ATTACHMENTS CONSTITUTE THE ENTIRE AGREEMENT OF
THE PARTIES AND SUCH ARE INTENDED AS A COMPLETE AND EXCLUSIVE STATEMENT OF THE PROMISES,
REPRESENTATIONS, NEGOTIATIONS, DISCUSSIONS, AND OTHER AGREEMENTS THAT MAY HAVE BEEN MADE IN
CONNECTION WITH THE SUBJECT MATTER HEREOF. UNLESS AN ATTACHMENT TO THIS AGREEMENT SPECIFICALLY
DISPLAYS A MUTUAL INTENT TO AMEND A PARTICULAR PART OF THIS AGREEMENT, GENERAL CONFLICTS IN
LANGUAGE BETWEEN ANY SUCH ATTACHMENT AND THIS AGREEMENT SHALL BE CONSTRUED CONSISTENTLY WITH
THE TERMS OF THIS AGREEMENT. UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY THE TERMS OF THIS AGREEMENT,
NO MODIFICATION, RENEWAL, EXTENSION, OR AMENDMENT TO THIS AGREEMENT SHALL BE BINDING UPON THE
PARTIES UNLESS THE SAME IS IN WRITING AND SIGNED BY TI-IE RESPECTIVE PARTIES HERETO.
6.08 TAXES: THE GRANTEE SHALL, AS FURTHER CONSIDERATION FOR TIIIS AGREEMENT, PAY AND DISCHARGE
ALI, "TAXES" (AS HEREINAFTER DEFINED) PROPERLY ASSESSED IN ANY CALENDAR YEAR (OR PORTION THEREOF)
DURING THE TERM OF THIS AGREEMENT. FOR THE PURPOSES OF THIS AGREEMENT, THE TERM "TAXES" MEANS ALL
TAXES, ASSESSMENTS, IMPOSITIONS, LEVIES, CHARGES, EXCISES, FEES, LICENSES, AND OTHER SUMS (WHETHER NOW
EXISTING OR HEREAFTER ARISING, WHETHER FORESEEN OR UNFORESEEN, AND WHETHER UNDER THE PRESENT
SYSTEM OF TAXATION OR SOME OTHER SYSTEM), THAT DURING THE TERM OF PHIS AGREEMENT MAY BE LEVIED,
ASSESSED, CHARGED, OR IMPOSED BY ANY GOVERNMENTAL AUTHORITY OR OTHER TAXING AUTHORITY OR ACCRUE
ON THE PREMISES AND ANY IMPROVEMENTS OR OTHER PROPERTY THEREON, WHETT LER BELONGING TO THE GRANTOR
OR THE GRANTEE, OR TO WHICH EITHER OF THEM MAY BECOME LIABLE IN RELATION THERETO. THE TERM "TAXES"
SHALL ALSO INCLUDE ALL PENALTIES, INTEREST, AND OTHER CHARGES PAYABLE BY REASON OF ANY DELAY OR
CL940006 6 CustomerUC000025399
pspetsio CL NewP 011615
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
FAILURE OR REFUSAL OF THE GRANTEE TO MAKE TIMELY PAYMENTS AS REQUIRED PURSUANT TO THIS PROVISION,
THE GRANTEE AGREES TO AND SHALL INDEMNIFY AND HOLD THE GRANTOR HARMLESS FROM LIABILITY FOR
ANY AND ALL 'TAXES, TOGETHER WITH. ANY INTEREST, PENALTIES, OR OTHER SUMS IMPOSED, AND FROM ANY
SALE OR OTHER PROCEEDING TO ENFORCE PAYMENT THEREOF.
6.09 ENCUMBRANCE OF INTEREST: THE GRANTEE MAY NOT MORTGAGE, HYPOTHECATE, ENCUMBER, OR GRANT
ANY DEED OF TRUST OR SECURITY INTEREST THAT ENCUMBERS THE PREMISES. FURTHER, THE GRANTEE MAY NOT
COLLATERALLY ASSIGN ANY RENT OR OTHER INCOME GENERATED FROM THE PREMISES. PRIOR TO EXPIRATION OR
TERMINATION OF THIS AGREEMENT, THE GRANTEE WILL PROVIDE THE GRANTOR WITH DOCUMENTATION SUFFICIENT
TO EVIDENCE THE GRANTOR'S OWNERSHIP OF THE IMPROVEMENTS NOT REQUIRED TO BE REMOVED PER ARTICLE II.
6.10 PROPER AUTHORITY: EACH PARTY HERETO REPRESENTS AND WARRANTS THAT THE PERSON EXECUTING
THIS AGREEMENT ON ITS BEHALF HAS FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT.
6.11 RELATIONSHIP OF THE PARTIES: NOTHING CONTAINED IN THIS CONTRACT SHALL BE DEEMED OR
CONSTRUED TO CREATE A PARTNERSHIP OR JOINT VENTURE, TO CREATE RELATIONSHIPS OF AN EMPLOYER -EMPLOYEE
OR PRINCIPAL -AGENT, OR TO OTHERWISE CREATE FOR THE GRANTOR ANY LIABILITY WHATSOEVER WITH RESPECT TO
THE INDEBTEDNESS, LIABILITIES, AND OBLIGATIONS OF THE GRANTEE OR ANY OTHER PARTY.
6.12 GRANTEE'S WAIVER OF CERTAIN RIGHTS AND ASSERTIONS: THE GRANTEE WAIVES AND RELINQUISHES
ALL RIGHTS THAT THE GRANTEE MIGHT HAVE TO CLAIM ANY NATURE OF LIEN AGAINST THE GRANTOR AND THE
PREMISES, OR WITHHOLD OR DEDUCT FROM OR OFFSET AGAINST ANY CONSIDERATION OR OTHER SUMS PROVIDED
HEREUNDER TO BE PAID TO THE GRANTOR BY THE GRANTEE. THE GRANTEE WAIVES AND RELINQUISHES ANY RIGHT,
EITHER AS A CLAIM OR AS A DEFENSE, THAT THE GRANTOR IS BOUND TO PERFORM OR IS LIABLE FOR THE
NONPERFORMANCE OF ANY IMPLIED COVENANT OR IMPLIED DUTY OF THE GRANTOR NOT EXPRESSLY SET FORTH IN
THIS AGREEMENT.
IN TESTIMONY WHEREOF, witness my hand and the Seal of Office,
GRANTOR: THE STATE OF TEXAS
&r 12/23/2020
Signature: [�qy-k Date:
GEORGE P. BUSH
Commissioner, General Land Office
Chairman, School Land Board
APPROVED:
Contents: A&Z Z]ZA
Legal:
Director: �4}
Executive:
CL940006 7 CustomeriRC000025399
pspetsio CL NewP 011615
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
ATTACRMEENT A: CONTROL PAGE
COASTAL LEASE CL940006 -
GRANTEE'S NAME
City of Beaumont
PREMISES
A portion of Neches River, Jefferson County, Texas (the "Premises"). The Premises are further described and
depicted on Attachment B attached hereto and incorporated herein by reference.
USE(S) OF PREMISES
Authorized Use(g) of the Premises: A public boat ramp and pier facility consisting of two (2) 4' X 3 F, 5' X 89', 5' X
13', 4' X 491, 6' X 49', 5' X 95', and 4' X 50' walkways comprising a total encumbrance of 1,923 square feet, two (2)
19' X 30' concrete boat ramps encumbering 1,140 square feet; 5' X 95' and 13' X 84' areas of fill encumbering
1,567 square feet; and, 4' X 20' and 6' X 92' bands of riprap encumbering 632 square feet, for a total project
encumbrance of 5,262 square feet of coastal public land.
ADJACENT PROPERTY
Plat D-28, Tract 20-A, H. Williams Jr. LGE, Collier's Ferry Park,, as recorded in the real property records of County
of littoral property County, Texas.
SPECIAL COMMONS
1. Grantee is specifically prohibited from using or permitting the use of the Premises for any commercial or
illegal purpose. Provided the Grantor does not unreasonably interfere with Grantee's use of the Premises, the
Grantor may use or permit the use of the Premises for any purpose consistent with Grantee's use of the
Premises.
COST OF DAMAGE
One Thousand and No/100 Dollars ($1,000) per event.
EFFECTIVE AND TERMINATION DATES
This Agreement is for a total period of ten (10) years, effective on July 1, 2020, and terminating on June 30, 2030.
PAYMENT(S) AND/OR FEE(S)
In consideration of the mutual covenants and conditions set forth herein and the public benefits to be derived
therefrom, Grantor and Grantee acknowledge that no rental fees shall be assessed for the described use of the
Premises while Grantee is not in default of the terms agreed upon herein.
ADDRESS(ES) FOR NOTIFICATION
Grantor's Contact Information
Name: Texas General Land Office
Title: Deputy Commissioner, Professional Services
Address:' 1700 N. Congress Ave.
Address: Austin, Texas 78701-1495
Grantee's Contact Information
Name: City of Beaumont
Address: PO Box 3827
Address: Beaumont, TX 77704-3827
CL940006 CustomerED:C000025399
pspetsio CntCLAttachA 090114
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
Coastal Lease: CL940066
GRANITE:
City of leaumont
By.
(Signature)
kv It,
(Printed Name) n�
(Title)
Date: I Z- 7- 2 o
ACKNOWLEDGMENT
STATE OFeXGi_S §
COUNTY OF: je-R--erS 0'I §
This instrument was acknowledgedbeforeme on the -% day of
20 ,4 , by e, ka i for City of Beaumont (Grawre oi- : I4 ew Rcpresc waii i c).
(Nola y Si,_niahu•c)
IETHOM
/,A Na DNGELA A9104 50 2AS Notary Public, State of Te X'q S
My Commisslon Expires
July3,2021
My commission expires: l a) I
CL940006 CustbincdD:C000025399
pspetsio CniCLAttachA 090114
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
ATTACHMENT B;
CL940006 CustomerlD:C000025399
pspetsio CntCLAttacbA 090114
DocuSign Envelope ID: DEEAD182-5FC2-429E-915D-87AE86487B74
Nedhes River
Jefferson County
Flow D:
wawmy wakway
wa%M
WaIkAy'
(4 ft N
(4 fL X $D k)
.4 fL HWM
4fL-- -4 1 HWM •- 4--4ft. ..C. '-1--6ft. 4 ft. HWM
--4?L
d
-3 fL HwM
eft. HWIA
solstomeubush
(Sahcenq:ledw
......3a M •..... . .......a ft, ..... 0
Rro
iprap -2-5 IL H" .2.5 ft. HM
14 ft. A
Watkmy (5 tL X 89 ?L) 41 wak*DY is rL X 95 IL)
bbanwwRaug)
BaIdMrm wm :rap (1TX60)
R4
(r-00vmdhScha) (6'vlw�
!I'v. � R.
g A. HWW-1
-0 R. HWM
f
d Bdkhoad M, Arne Of Flit
(5 ft. X as ft�)
117
HM
wo *.my
(5 fLX 13 ft)
Approximste Sbite
................................... LODO ft ................................
Boundary
Natural hied -
Legal Description:
Collim's; Ferry Park
J
Plat D-28, Tract 20-A, H. Williams Jr. LGE,
(Public Boundary) --
Collier's Ferry Park,
TITLE:..CL940006 City of Beaumont
DATE OF INSPECTION: 2118/2020
COMPANY: Texas General Land Office
PREPARED'BY: CJensen
SCALE: Not To Scale
ATTACHMENT B