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HomeMy WebLinkAboutAccess Agreement occurrence of either of the following events: (a) the Church Property is no longer used as a church facility; or (b) the sale, conveyance or transfer of the Church Property by the Church. 5. Church expressly waives all claims of title to any portion of the Property by limitations, adverse possession or otherwise. 6. Church shall hold harmless, defend, and indemnify Owner against any suits, liabilities, claims, demands, or damages, including but not limited to personal injuries and attorneys' fees, arising from the Church's or its employee's, members', guests', invitees' or agents' exercise of the license under this Agreement. The Church is responsible for any loss or liability caused by the Church, its employees, members or by those using the Parking Area on the basis of the Church's invitation or consent. Notwithstanding anything to the contrary herein, Owner shall not, under any circumstances, be liable to Church for exemplary, punitive, special, consequential or indirect damages of any kind. 7. Should either party employ an attorney or attorneys to enforce any of the terms and conditions hereof, or to protect any right, title or interest created or evidenced hereby, or to recover damages for the breach of the terms and conditions hereof, the non-prevailing party in any action pursued in a court of competent jurisdiction shall pay to the prevailing party all reasonable costs, damages, and expenses, including attorneys' fees, expended or incurred by the prevailing party. 8. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. 9. This Agreement is not to be construed more or less favorably between the parties by reason of authorship or origin of language. 10. Any notice or communication required or permitted hereunder will be deemed to be delivered, whether or not actually received, when deposited in the United States mail, postage fully prepaid, registered or certified mail, and addressed to the intended recipient at the address shown, and if not shown, then at the last known address according to the records of the party delivering the notice. Notice given in any other manner will be effective only if and when received by the addressee. Any address for notice may be changed by written notice delivered in the same manner. 11. There are no implied warranties of merchantability, of fitness for a particular purpose, or of any other kind arising out of this Agreement. 12. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas. 2 13. This Agreement may be amended only by an instrument in writing signed by the parties to be bound by it. 14. This Agreement has been executed in multiple counterparts and the execution of any copy shall have the same effect as if all parties executed one original. 15. Each person executing this Agreement represents that he or she has been duly authorized to do so by all requisite action on the part of the party on whose behalf he or she is signing, and that in so doing, he or she shall bind such party to all of the terms, provisions, conditions and covenants hereof. 16. This Agreement contains the complete agreement of the parties hereto. The parties hereto agree that there are no oral agreements, representations or warranties that are not expressly set forth herein. OWNER: 707 CENTER, L.P. By: _Energy Alchemy, Inc., Its general partner By: Name: Title: CHURCH: By: Name: Title: 3 Exhibit "A" Legal Description of the 707 Center 4 as EXHIBIT "A" Metes and bounds description of all that certain 3.85 acre tract or parcel of land, lying and being situated in the Richard Carter League, Abstract No. 8, College Station, Brazos County, Texas, and being comprised of portions of Lots 27, 32, and 33, D. A. Smith Subdivision, as shown by plat recorded in VOLUME 48, PAGE 106 of the Deed Records of Brazos County, Texas, and being part of that same 4.870 acre tract conveyed from Texas 707 Partnership to E. W. Schultz, Trustee, as described by deed recorded in VOLUME 940, PAGE 843 of the Official Records of Brazos County, Texas, said 3.85 acre tract being comprised of 4 tracts conveyed to the Resolution Trust Corporation as described by the following deeds: 0.956 acre tract, VOLUME 1491, PAGE 10; 0.982 acre tract, VOLUME 1491, PAGE 19; 1.060 acre tract, VOLUME 1491, PAGE 16; 0.849 acre tract, VOLUME 1491, PAGE 13, said-3.85 tract being more particularly described as follows: BEGINNING at a 1/2" iron rod set marking the west corner of said 3.85 acre tract and the `south corner of Lot Al of a Resubdivision of the D. A. Smith Subdivision, as shown by plat recorded in VOLUME 1057, PAGE 123 of the Official Records of Brazos County, Texas, and lying in the northeast right-of-way line of Texas Avenue. THENCE N 42' 22' 49" E - 389.84 feet with the line of said Resubdivision and its continuation to a 1/2" iron rod found for angle point in the southeast line of Lot B of a Resubdivision of the D. A. Smith Subdivision, as shown by plat recorded in VOLUME 529, PAGE 13 of-the Deed Records of Brazos County, Texas. THENCE. N 42' 28' 46" E - 277.55 feet with the common line between 'said Lot B and said 3.85 acre tract and its continuation to a concrete monument found marking the south corner of a 0.49 acre tract conveyed from Second Baptist Church of College Station, Texas, Inc., to College Station Chinese Church,' as described by deed recorded in VOLUME 1108, PAGE 423, of the Official Records of Brazos County, Texas. THENCE S 47' 22' 38" E - 169.81 feet with the common line between said 0.49 acre tract and said 4.870 acre tract to a 1/2" iron rod found for corner in the northwest line of that same 1.02 acre tract conveyed to Team Bank, as described by deed recorded in VOLUME 1540, PAGE 308 of said Official Records. THENCE S 39' 34' 53" W - 228.24 feet with said northwest line to a found "X" mark in concrete. THENCE S 47' 10' 23" E - 112.70 feet with said common line to a 1/2" iron rod found for corner in the southeast line of said 4.870 acre tract. Page A - !