REVOCABLE LICENSE TO USE PROPERTY, RELEASE, AND INDEMNITY AGREEMENT
RECITALS
Christian Taylor, Nicholas Taylor, Mr. and Mrs. Scott Miller (collectively the "Owners") are the owners of the real property (the "Property") described in Exhibit A.
Licensee desires to exercise certain rights and privileges upon the Property.
NOW, THEREFORE, it is agreed as follows.
License
Licensor hereby gives permission, revocable and terminable as hereinafter provided, to Licensee to enter onto the land of Licensor described above for the purpose of boat launching, accessing the boat ramp, and participating in outdoor activities on the Property. The revocable license permits the aforementioned personal uses but prohibits any commercial use, provided Licensee may utilize the Property in connection with guided hunting and/or fishing activities.
Consideration
In consideration for this revocable license, Licensee shall pay to Licensor a sum of $85. Licensor may apply credit(s) to the amount for any donations received by Licensor from Licensee. Licensee hereby acknowledges that the Licensor has title to the Property as described herein and agrees never to assail, resist, or deny such title.
Term
This revocable license shall begin September 13, 2024, or when fully executed, whichever is later, and shall continue until September 01, 2025.
License Not Exclusive
This license is not exclusive to Licensee and Licensee shall have the privilege hereunder only of occupying and/or using such portion of the Property as designated herein. Licensee understands and acknowledges that Licensor may grant other non-exclusive revocable licenses to third parties.
Rules and Regulations
Licensee agrees to abide by all rules, as established by Licensor or his agents as well as all local, state, and federal fish and wildlife laws, rules, and regulations. Licensee has read, understands and agrees to follow all Mandatory Licensee Rules included herein, and Licensee understands and agrees the Licensor may amend or modify the Mandatory Licensee Rules at the Licensor's sole discretion.
Indemnification and Release
Licensee agrees to indemnify, defend, and hold harmless Licensor Owners of the Property from any and all claims, attorney's fees, actions, damages, liabilities or litigation arising out of or related to (i) any use of the Property by Licensee of the guests of Licensee; (ii) the rights and privileges granted by this Agreement; and (iii) injury or property damage (including death of Licensee, Licensee's guests, or any third party) which arises from or relates to the Licensee's exercise of its rights under this license or Licensee's use of or presence on the Property.
It is hereby agreed and acknowledged that the Property is made available for use to the Licensee pursuant to this Agreement on an "as-is" basis and in its present condition, with all faults and defects. It is specifically agreed between the parties that Licensor shall not be required to make, nor be responsible for any cost, in connection with any repair, restoration, and/or improvement to the Property. Notwithstanding anything to the contrary within this Agreement, Licensor makes no warranty or representation of any kind or nature whatsoever as to the condition, safe, nature, or repair of the Premises, nor as to the use or occupancy which may be made. Licensor understands and acknowledges that the activities for which the Property may be used may be inherently unsafe and dangerous, and the Licensor DOES NOT warrant that there are no latent defects on the Property.
Licensee assumes all risk in connection with activities on the Property, and Licensee releases Licensor, Owners, and their heirs, successors, assigns, agents, and representatives for all claims of negligence, gross negligence, and strict liability (including but not limited to personal injury, death, and/or property damage) related to the use of the Property in connection with this Agreement.
Licensee shall exercise his/her privileges hereunder at his/her own risk, and, irrespective of any negligence of Licensor. Licensor shall not be liable to Licensee if for any reason Licensee's occupation or use of the premises hereunder shall be hindered or disturbed. Licensor is not responsible for any property left on the premises, including but not limited to vehicles.
Permit
If Licensee enters the Property as a passenger in a vehicle, or otherwise, Licensee shall have their Membership Proof of Purchase on his/her person at all times. In the event that an access gate is constructed on the Property, Licensor will provide Licensee with an access code or other means to enter the Property.
Improvements
Licensee shall not erect any permanent structures or improvements, or erect, or have erected or installed, permit to remain on the above-described premises any temporary structures, fixtures, attachments or other things attached to or being on the premises or placed thereon by Licensee or its guests, invitees, or licensees of Licensee, which the representative of Licensor in charge of the Property shall direct Licensee to remove. No improvements and/or modifications should be made to the property without prior authorization from the Licensor.
Privilege Not Assignable
Licensee's privileges hereunder shall not be assignable by Licensee in whole or in part.
No Creation of Right to Possession
Licensee acknowledges that this Agreement constitutes a revocable license, that this Agreement does not create a lease nor any right to the possession of the property, nor does it create any estate or interest in the property.
Notice
Any notice to Licensee hereunder shall be sufficient if served on Licensee personally or posted on the premises, and if so posted shall be deemed served on the date of posting or mailed to Licensee directed to his last known address, and if so mailed in the Sate of Texas shall be deemed served on the business day next following the date of mailing.
Entire Agreement
That making, execution, and delivery of this Agreement by Licensee has been induced by no representations, statements, warranties, or agreements other than those herein expressed. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties, relating to the subject matter hereof. This instrument may be amended or modified only by an instrument of equal formality signed by the respective parties.
Attorney Fees and Waiver of Jury Trial
If either party employs an attorney to enforce its rights under this Lease, then the prevailing party shall be entitled to and shall recover its reasonable and necessary attorney's fees, costs, and expenses from the non-prevailing party. For purposes of this Agreement, a prevailing party shall be a party in whose favor a final, non-appealable judgment is entered by a court of competent jurisdiction. Each of the parties of this Agreement irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement.
MANDATORY LICENSEE RULES
No guests of Licensee are allowed, except spouse and unmarried children under 18 years of age, living with member, and must be accompanied by Licensee.
All guests of a Licensee must be accompanied by the Licensee when on the property. Children are only allowed on the boat ramp for the purposes of entering a boat or exiting a boat (i.e. no playing).
Licensee must properly display permit or copy of the Agreement during any use on the Property.
If any access gate is constructed, Licensee shall close and lock the gate after entering or exiting the Property. Licensee shall not prop open or otherwise keep the gate from closing.
Any violation of local, state, or federal game, fish or wildlife laws, automatically terminates and revokes license and rights.
No consumption of alcohol or other mind altering drugs on the Property.
No use or operation of any vehicle, including ATVs and boats, is permitted while under the influence of alcohol or any other mind altering drugs.
No loaded guns on Property, except as may be necessary to harvest legal game or unwanted pests.
No fires, grills, or barbeques on the Property.
No fishing, crabbing, or other activity, on or near the boat ramp that would prevent access to the boat ramp. Licensee shall not block the driveway or boat ramp at any time.
No swimming or diving.
All trailers must be parked outside of the general boat ramp area and/or outside the access gate. Vehicles may be towed if left unattended for extended periods of time.
The Property must be kept clean of trash, debris, and litter.
A violation of the rules will result in revocation of license.
EXHIBIT A
GALVESTON COUNTY, TEXAS, ABST 41 P BIGLIN SUR TR 1 43 ACRES, BIGLIN PC SURVEY, 0041-00001-0000-004.
Approximately 43 acres out of the West corner of the P.c. Biglin Survey, Abstract No. 41, Galveston County, Texas and being a part of a 902.1 acre tract of land described in the deed dated May 17,1883 from John Green to Cade and Company recorded in Volume 44, Page 625 of the Deed Records of Galveston County, Texas Said 43 acres being being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod set at the intersection of the Southwest line of said P.C. Biglin Survey with the South bank of the Gulf Intracoastal Waterway;
THENCE South 23 degrees 29' East with said Southwest line of the Biglin Survey and with the Northeast lines of the E.A. Hensolt Survey, Abstract No. 659 at 1089.27 feet passing the centerline of the asphalt for Old State Highway No. 124, at 1520.15 feet passing at 1/2 inch iron rod set in the center of the abandoned G.C. & S.F. Railroad, at approximately 1913 feet passing the South corner of the E.A. Hensolt Survey and continuing with the Northeast line of the Martin Dunman Survey, Abstract No. 53, for a total distance of 2270.65 feet to a 1 1/2 inch iron pipe 4 feet high set in the marsh on the southwest line of the P.C. Biglin Survey and the Northeast line of the Martin Dunman Survey for the South corner of the approximately 43 acres herein described;
THENCE North 44 degrees 14' 15" East for a distance of 2833.19 feet crossing the Gulf Intracoastal Waterway, to a 2 inch iron pipe 6 feet high set a the intersection of the North bank of the said waterway with the South bank of the Mud Bayou for the East corner tract of land herein described;
THENCE in a Westerly direction and following the meanders of the original South bank of Mud Bayou, as near as can be determined, to the PLACE OF BEGINNING and containing approximately 67 acres, SAVE AND EXCEPT approximately 15 acres in the right-of-way of State Highway No. 124 and the C.G. & S.F. Railroad thereby leaving approximately 43 acres herein described.
Licensed Land
The land licensed by this Agreement (“the Property”) is GALVESTON COUNTY, TEXAS, ABST 41 P BIGLIN SUR TR 1 43 ACRES UND INT.
Further Depicted Below as Section Number 372690.
