Preview
Filed: 9/13/2022 10:41 AM
Defendants' Traditional Motion for Summary J udgment J OHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 68193764
By: Shailja Dixit
9/13/2022 10:56 AM
No. 21-CV-0305
DAVID AND CONNIE EVANS, § IN THE DISTRICT COURT OF
§
Plaintiffs, §
§
GALVESTON COUNTY, TEXAS
MB HARBOUR, LTD. AND HARBOUR
MANAGEMENT, LLC
Defendants. § 10 JUDICIAL DISTRICT
EXHIBITS 11-15
EXHIBIT 11
Kings’ Deed to Evans or Evans’ Deed
asyitc/ 203 457 cup
ITC/BLR/2036457-CLHD
Warranty Deed with Vendor's Lien
Date: August 12, 2020
Grantor: HAROLD R. KING and CLORINDA M. KING, married
Grantee: DAVID JOSEPH EVANS JR. and CONNIE CAMACHO EVANS, husband and
wife
Grantee's Mailing Address:
DAVID JOSEPH EVANS JR. and CONNIE CAMACHO EVANS
2122 COVE PARK DRIVE
LEAGUE CITY, TX 77565
Consideration:
Cash and a note of even date executed by Grantee and payable to the order of
HOMETRUST MORTGAGE COMPANY in the principal amount of FOUR HUNDRED
FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($448,000.00). The note is secured by
a first and superior vendor's lien and superior title retained in this deed in favor of
HOMETRUST MORTGAGE COMPANY and by a first-lien deed of trust of even date from
Grantee to PATRICIA A. GUSTAFSON, trustee.
Property (including any improvements):
Lots 29 and 30, Block 4, GLEN COVE, according to the map or plat thereof, recorded in
Volume 6, Page 83, Map Records, Galveston County, Texas.
Reservations from Conveyance:
None
CERTIFIED COPY CERTIFICATE
STATE OF TEXAS 5
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the or iginal record now. in my lawful custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon,
| hereby certify on September 8 ,2022
DWIGHT D. SULLIVAN, COUNTY CLERK
GALVES IN COUNTY, TEXAS
As BY:
Exceptions to Conveyance and Warranty:
Liens described as part of the Consideration and any other liens described in this deed as
being either assumed or subject to which title is taken; validly existing easements, rights-of-way,
and prescriptive rights, whether of record or not; all presently recorded and validly existing
restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water
interests outstanding in persons other than Grantor, and other instruments, other than
conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining
owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or
shortages in area or boundary lines; any encroachments or overlapping of improvements; and
taxes for 2020, which Grantee assumes and agrees to pay, and subsequent assessments for that
and prior years due to change in land usage, ownership, or both, the payment of which Grantee
assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
The vendor's lien against and superior title to the Property are retained until each note
described is fully paid according to its terms, at which time this deed will become absolute
HOMETRUST MORTGAGE COMPANY, at Grantee's request, has paid in cash to
Grantor that portion of the purchase price of the Property that is evidenced by the note. The first
and superior vendor's lien against and superior title to the Property are retained for the benefit of
HOMETRUST MORTGAGE COMPANY and are transferred to HOMETRUST MORTGAGE
COMPANY without recourse against Grantor.
When the context requires, singular nouns and pronouns include the plural.
Executed on the date of the acknowledgement below, but effective as of the Date set forth
above.
CERTIFIED COPY CERTIFICATE
STATE OF TEXAS
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record now:in my lawful custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
‘
hereby certify on September 8 ,2022
‘DWIGHT D. SULLIVAN,
ailCOUNTY
EX
*
Wy)
Noe
DEPUTY
Lenad
Nororel RES —
HAROLD R. KING
Ge go
CLORINDA M. KINGS
STATE OF TEXAS )
COUNTY OF HARRIS )
This instrument was acknowledged before me on | 40k ist 0 2020, by
HAROLD R. KING and CLORINDA M. KING.
Fslonvie
iy
BRITT TAN,
Ss ow SAARY, %
S Notary Public, State of Texas
My commission expires:
Se Or TEX®
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Fe seee® >
ny 912.2023 ww
aN
PREPARED IN THE OFFICE OF
Schultz & Kellar, PLLC
For Independence Title Company
1100 EB. NASA Parkway, Suite 502
Houston, TX 77058
AFTER RECORDING RETURN TO:
DAVID JOSEPH EVANS JR.
2122 COVE PARK DRIVE
LEAGUE CITY, TX 77565
CERTIFIED COPY CERTIFICATE
STATE OF TEXAS ” re
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record how in my lawfyl custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
&
| hereby certify on September 8 ,2022
* DWIGHT D. SULLIVAN, COUNTY CLERK
GALVE: TON COUNTY, TEXAS
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Asia Coronado
FILED AND RECORDED
Instrument Number: 2020049449
Recording Fee: 34.00
Number Of Pages:4
Filing and Recording Date: 08/13/2020 3:01PM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
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Dwight D. Sullivan, County Clerk
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Galveston County, Texas
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DO NOT DESTROY - Warning, this document is part of the Official Public Record.
CERTIFIED cory. ieagnbeate
STATE OF TEXAS
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record. now in 2 intl ent pgasescion, as the same is recorded in the Official Public Records in my
office and having Identification Number as slamped hereon.
.
| hereby certify on September 8 ,2022
DWIGHT D. SULLIVAN, COUNTY CLERK
oe
af 3
GALVESTON COUNTY, TEXAS
Bocas
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Asia Coronado’
DePuTy
EXHIBIT 12
Survey from Robert Ellis with survey overlaying
2012 satellite image.
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<0 we? ) To the extent Licensee is comprised of two (2) or more parties, any and all
obligations under this Canal Use License Agreement (this “Agreement”) are joint and several
between all such parties.
8 Removal of Structures. Licensee acknowledges and agrees that any structure or
improvement extending into the Canal may be removed by Licensor in order to maintain the Canal
integrity and comply with all applicable regulations. Licensee further agrees that all costs associated
with the removal and replacement of such structures and improvements shall be borne by the
Licensee, and that Licensee shall pay Licensor upon request all such costs.
9 Liability. Licensee assumes all liability for the acts and safety of Licensee and
his/her tenants, guests and invitees, and hereby releases and agrees to hold Licensor harmless
from any liability for damages, injury and/or death, suffered by any person, property,
corporation or other entity by reason of action taken or right exercised pursuant to this
license.
10. Compliance of Licensee Improvements. Licensee agrees that all boat houses of any
size, and all piers and docks and all other structures which (a) have not been proven to be in
compliance with all City and Corps requirements, and (b) have not been approved by Licensor, are
prohibited, and shall be removed within thirty (30) days from the date hereof. Licensee agrees that
no additional structure or building shall be constructed or installed in the License Area nor shall any
Existing Improvement be modified or replaced, without Licensor’s prior written permission in
Licensor’s sole discretion. Licensee shall provide Licensor with proof of obtaining all permits that
may be required from the City, the Corps and any other entities determined by Licensor.
MWe Observation of Laws. Licensee agrees to observe all laws and regulations regarding
the Canal, including but not limited to, the prohibitions against placement or disposal of trash,
toxins, pollutants, etc, into the Canal or near the banks of the Canal.
12.
Termination. Licensee agrees that Licensor has the right to terminate and revoke this
Agreement at any time without liability to Licensee upon written notice to Licensee.
GHA369438.2
10618-001
¢ “CERTIFIED COPY CERTIFICATE
STATE OF TEXAS
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record now in my lawful custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
I hereby certify on September 8 ,2022
ous DWIGHT D. SULLIVAN, COUNTY CLERK
eS fay +)
37
GALVEST! COUNTY, TEXAS
‘3 ;
BY:
Asia Ce
13. Indemnification.
(a) LICENSEE HEREBY RELEASES, AND AGREES TO INDEMINIFY AND
HOLD LICENSOR AND EACH OF ITS EMPLOYEES, PARTNERS, AGENTS AND
REPRESENTATIVES (WITH LICENSOR, INDIVIDUALLY AND COLLECTIVELY,
THE “LICENSOR_ PARTIES”) HARMLESS, FROM AND AGAINST ANY AND ALL
LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, SUITS, JUDGMENTS,
OR DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES AND CLAIMS FOR
DIMINUTION OF PROPERTY VALUE) ASSERTED AGAINST ANY OF THE LICENSOR
PARTIES OR INCURRED BY ANY OF THE LICENSOR PARTIES FOR ALL LOSS OR
DAMAGE TO ANY PROPERTY, AND ALL PERSONAL INJURY OR DEATH OF ANY
PERSON (INCLUDING BUT NOT LIMITED TO THE BODILY INJURY OR DEATH OF ANY
OR ALL OF LICENSEE’S AND/OR LICENSEE’S GUESTS, INVITEES, EMPLOYEES,
AGENTS, OR CONTRACTORS), ARISING OUT OF ANY USE OR EXERCISE BY LICENSEE
OR ANY GUEST, INVITEE, OR ANY EMPLOYEE, AGENT OR CONTRACTOR OF LICENSEE
(LICENSEE PARTY”) OF ANY RIGHTS UNDER ‘THIS AGREEMENT, AND TO PAY ALL
COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, WHICH ANY OF
THE LICENSOR PARTIES MAY SUSTAIN OR INCUR ARISING OUT OF OR RESULTING
FROM ANY ACT OR OMISSION OF LICENSEE OR ANY LICENSEE PARTY IN
CONNECTION WITH SUCH USE OR EXERCISE; AND SUCH INDEMNITY AND
AGREEMENT TO HOLD HARMLESS SHALL BE APPLICABLE REGARDLESS OF
WHETHER SUCH INJURIES, DEATH, PROPERTY I.OSS OR DAMAGES IN CONNECTION
WITH SUCH USE OR EXERCISE ARE CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OR STRICT LIABILITY OF ANY SUCH LICENSOR PARTIES. IT IS
PROVIDED, HOWEVER, THAT LICENSEE’S INDEMNITY AND AGREEMENT TO HOLD
HARMLESS AS PROVIDED IN THIS SECTION SHALL NOT BE APPLICABLE TO THE
EXTENT ANY OCCURRENCE IS CAUSED SOLELY FROM ANY GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF SUCH LICENSOR PARTIES.
(b) This indemnity agreement provided above is independent of Licensee’s
insurance, and will not be limited by comparative negligence statutes.
14. Complaints Regarding Use of License Area and Canal; Use Restrictions.
(a) Licensee, at Licensee’s sole cost and expense, agrees to promptly resolve any
and all complaints from homeowners, business and governmental entities related to Licensee’s use or
occupancy of the License Area or other portion of the Canal, and Licensor may, without liability,
terminate this license for any failure of Licensee to promptly resolve any such complaint to
Licensor’s reasonable satisfaction.
) Notwithstanding anything to the contrary contained in this Agreement, the
following uses of and/or activities in the License Area shall be strictly prohibited, and Licensee shall
not commit or permit any of the following to occur, or be placed or used or to exist within, on or
6
GHA369438,2
10618-001
3x
cern COPY CEI RT!eTIFICATE.
STATE OF TEXAS
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record.now in my fen custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
| hereby certify on September 8 ,2022
Pi
DWIGHT D. SULLIVAN, COUNTY CLERK
ory +h GALVESTON COUNTY, TEXAS
33
nl ‘S
wo BY: } (proved DEPUTY
Asia Coror
about the License Area, or any portion thereof:
@ the release or discharge of waste products, fuel or any petroleum
products;
Gi) the service, maintenance or repair or like activities concerning any
watercraft;
Gi) any commercial use of any watercraft within the Marine License Area;
(Gv) any human-powered watercraft (or watercraft capable of being human
powered), including but not limited to kayaks, rowboats, dinghies, paddle boats, canoes, floats, rafts
and the like regardless of length;
(vy) the placement, docking or storage, whether temporary or otherwise, of
watercraft which are not:
(A) ina seaworthy condition, fully operational, such watercraft to
be properly maintained and operated in a top quality, first-class condition;
@®) in compliance with all U.S. Coast Guard safety requirements;
(C) equipped with a fully operational motor of a size adequate to
power the watercraft in question;
@) capable of unassisted locomotion and navigation;
©) licensed and marked as required by the regulations and laws of
the State of Texas and/or the laws and regulations of the United States of America; or
) properly insured, with Licensee being the named insured or an
additional insured for such coverage and/or properly registered and/or licensed with any and all
respective agencies governing same;
(vi) barges, shrimp boats or other commercial use vessels;
(vii) any inoperable watercrafi;
(viii) any watercraft that is not kept in a clean, neat, evenly painted, rust free
and orderly appearance and condition;
(ix) any activity or condition constituting a nuisance or creating any
impairment of navigation or contamination of any waters; or
®) use, disposal, release or storage of any biologically or chemically
7
GHA369438.2
10618-001
CERTIFIED COPY CERTIFICATE
STATE OF TEXAS
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record now in my lawful custody and possession, as the same is recorded in the Official Public Records in my
office and having identification Number as stamped hereon.
| hereby certify on September 8 ,2022
Bow
DWIGHT D. SULLIVAN, COUNTY CLERK
2%,
wy
GALVESTON COUNTY, TEXAS.
f3
BY: DEPUTY
Asia Coronado
active or other hazardous substances or materials, to include such hazardous substances or materials
as described in 42 U.S.C. sec. 9601 et seg. (the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980), as may be amended, or under any applicable state or local
laws or regulations governing same.
15) No Right to Assign or Transfer License by Licensee. This Agreement and license
granted herein are non-transferable and non-assignable by Licensee except to a subsequent purchaser
of the Glen Cove Property. In addition to the other provisions of this Agreement, it is agreed and
understood by Licensee that the rights, privileges and obligations conferred and imposed upon
Licensee by this Agreement may not be sold, conveyed, devised, assigned or sublet by Licensee
except to a subsequent purchaser of the Glen Cove Property, and by the purchase of the Glen Cove
Property any such subsequent purchaser fully and without reservation accepts the rights and
obligations imposed by the Agreement and license granted herein. Further, the license granted herein
shall become a covenant running with land and shall attach to the Glen Cove Property and in no
event whatsoever shall be separated or divisible in any form or manner from the ownership of the
Glen Cove Property. Lastly, in conjunction with the purchase and sale of the Glen Cove Property,
any new owner of such Glen Cove Property agrees to execute and deliver to Licensor an agreement
as to the assignment and assumption of the obligations of Licensee herein, on Licensor’s standard
form, which shall be recorded in the local property records upon the closing of the sale of the Glen
Cove Property.
16. insurance. Licensee covenants to keep and maintain, at its sole costs and expense,
general liability insurance against claims for personal injury, death, and property damage occurring
on the License Area and Canal with single limit coverage of not less than an aggregate of One
Million and 00/100 Dollars ($1,000,000.00) including umbrella coverage, if any, and naming
Licensor as an additional named insured and loss payee. Licensee shall provide proof of such
insurance to Licensor at any time upon request. If at any time any such insurance lapses or the
Licensee fails to provide proof of such insurance to the Licensor, Licensor shall have the right to
obtain such insurance, and Licensee shall reimburse Licensor for all costs thereof immediately upon
request of Licensor.
17 No Additional Rights. Nothing contained herein shall be construed as creating any
rights in the general public or as dedicated for public use any portion of the Canal, including the
License Area, No easements shall be implied by this Agreement.
18. Remedies.
(a) In the event of a violation or threat thereof of any of the provisions of this
Agreement, Licensee agrees that such violation or threat thereof shall cause the Licensor to suffer
irreparable harm and Licensor shall have no adequate remedy at law. As a result, in the event of a
violation or threat thereof of any of the provisions of this Agreement by Licensee, Licensor, in
addition to all remedies available at law or otherwise under this Agreement, shall be entitled to
injunctive or other equitable relief to enjoy a violation or threat thereof of this Agreement.
8
GHA369438.2
106 18-001
cereiieo COPY CERTIFICATE
STATE OF TEXAS
COUNTY OF GALVESTON
‘The foregoing is a true and correct photographic copy of the ori iginal record rlow in my lawful custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
| hereby certify on September 8 ,2022
DWIGHT D. SULLIVAN, COUNTY CLERK
GALVESTQN COUNTY, TEXAS
&
BY: (vn,
"Asia Coronado. v
(b) In addition to its other remedies, | .icensor shall have self help remedies in the
event of any breach by Licensee of any of its obligations under this Agreement, which may include
removal of improvements which are in violation of this Agreement, and the placing of insurance
covering Licensor, all at the expense of Licensee.
©) Notwithstanding anything herein to the contrary, Licensor may terminate this
Agreement if, in its sole discretion, Licensee or its guests, tenants or invitees in any way violates this
Agreement or causes a nuisance, or unsightly, obnoxious, or illegal activities in its use of the Canal
or License Area.
@ Upon any termination or expiration of this Agreement, Licensor shall have the
tight to remove all improvements and structures from the License Area at Licensee’s expense, if
Licensee fails to so remove to Licensor’s satisfaction within thirty (30) days from the date of
Licensor’s written request therefor.
©) Licensee shall be obligated to promptly reimburse Licensor for all reasonable
costs and expenses incurred by Licensor in any way caused or related to any breach or default by
Licensee of any of its obligations under this Agreement, in addition to the other obligations in this
Agreement.
® For all payments due by Licensee to Licensor which are not paid within thirty
(30) days from their due date, Licensee shall pay Licensor a late charge equal to three percent (3%)
per each month past due, to compensate Licensor for liquidated damages for the additional time and
expense in collecting such late payments.
19. Condemnation. In the event of an eminent domain taking of all or any portion of the
Canal, Licensor shall have the right to terminate this Agreement, and the eminent domain award
made with respect thereto, or any other award or payment made therefor, whether as compensation
for the portion thereof taken or as severance damages with respect to the remainder thereof not so
taken, shall belong to the Licensor. The term “eminent domain taking” includes a voluntary
conveyance made under threat of or anticipation of an involuntary eminent domain taking.
20. Attorneys’ Fees, In the event a party institutes any legal action or proceeding for the
enforcement of any right or obligation herein contained, the prevailing party after a final adjudication
shall be entitled to recover its costs and reasonable attorneys’ fees incurred in the preparation and
prosecution of such action or proceeding.
21, Amendment _of this Agreement. The parties agree that the provisions of this
Agreement may be modified or amended, in whole or in part, only by written consent of both parties
hereto, evidenced by a document that has been fully executed and acknowledged by all such parties.
22. Waiver. No waiver of any default of any obligation by any part hereto shall be
implied from any omission by the other party to take any action with respect to such default.
GHA369438.2
10618-001
CERTIFIED COPY CERTIFICATE
STATE OF TEXAS
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record now in my lawful custody:and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
' hereby certify on September 8 2022
oe
DWIGHT D. SULLIVAN, COUNTY CLERK
fefe
GALVESTON COUNTY, TEXAS
S]
wow
BY: DEPUTY
Asia fonado
23. Relationship of Parties. Nothing in this Agreement shall be deemed or construed by
either party or by any third person to create the relationship of principal and agent or of limited or
general partners or of joint venturers or of any other association between the parties.
24. Severability. Each provision of this Agrcement is hereby declared to be independent
of and severable from the remainder of this Agreement. If any provisions contained herein shall be
held to be invalid or to be unenforceable, such holding shall not affect the validity or enforceability
of the remainder of this Agreement. In the event the validity or enforceability of any provision of
this Agreement is held to be dependent upon the existence of a specific legal description, the parties
agree to promptly cause such legal description to be prepared and to share equally in the cost thereof.
This Agreement contains the complete understanding and agreement of the parties hereto with
respect to all matters referred to herein, and all prior representations, negotiations, and
understandings are superseded hereby.
25. Time of the Essence. Time is of the essence of this Agreement.
26. Notices. Notices or other communication hereunder shall be in writing made by
certified mail or national overnight courier company, or personal delivery. Notice shall be deemed
given upon receipt or refusal to accept delivery. Each party may change from time to time their
respective address for notice hereunder by like notice to the other party. The notice addresses are as
follows:
Licensor: MB Harbour, Ltd.
2951 Marina Bay Dr., Ste. 130-343
League City, TX 77573
With Copy to
Greer, Herz & Adams, L.L.P.
Attn: Joe A.C. Fulcher
2525 South Shore Blvd., Ste. 203
League City, TX 77573
Licensee: tlpeown King
RUYD Ani astTAS LA
Bmt- Th. 97108
28. Applicable Laws. The laws of the Statc of Texas shall govern the interpretation,
validity, or performance, and enforcement of this Agrecment.
29. Counterparts. This Agreement may be executed in multiple counterparts, each being
deemed an original and all of which, when combined, being one and the same instrument.
10
(GHA369438.2
10618-001
Hes er CERTIFICATE
STATE OF TEXAS *
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal record:now in my lawful custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
I hereby certify on September 8 ,2022
Fy _f
DWIGHT D. SULLIVAN, COUNTY CLERK
fe PO Fo GALVEST! COUNTY, TEXAS
as
ON ca BY: DEPUTY
Asia Coronado
EXECUTED TO BE EFFECTIVE as of theAO day Byte. 4 20/7.
LICENSOR:
MB HARBOUR, LTD.,
a Texas limited partnership
By: Harbour Management, LLC,
a Texas limited liability company
Its: Manager }
/)
iy: hd 6 Qs
a ew
STATE OF TEXAS
COUNTY or ylwesion §
This instrument was acknowledged before me on g ad , 2017, by Nick Scotto,
President of Harbour Management, LLC, a Texas limited liability company, Manager of MB
HARBOUR, LTD., a Texas limited partnership, on behalf of said limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisZO bay ot September,
2017,
Misaki
3 LISA A, AVEDON NOTARY PUBLIC in and for
totcry Public, State of Texas
3
My Commission Expires the State of
ganuary 17, 2019
[Signature Page(s) to Canal Sublicense Agreement - ]
GHA369438
10618-001
“CERTIFIED pone ceRtiricaTe
STATE OF TEXAS .
COUNTY OF GALVESTON
The foregoing is a true and correct photographic copy of the ori iginal reco now in my lawful custody and possession, as the same is recorded in the Official Public Records in my
office and having Identification Number as stamped hereon.
| hereby certify on September 8 ,2022
@)
DWIGHT D. SULLIVAN, COUNTY CLERK
+h GALVEST( COUNTY, TEXAS
3B
BY: DEPUTY
Asia Cor ado
LICENSEE:
WOrrsarel Lx
, an individual
Clowele Kon
, an individual
STATE OF TEXAS §
§
COUNTY OF Heb 'S §
BEFORE me the undersigned authority, on this day personally appeared
Hero LD , an individual, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that s/he executed the same for the
purposes and consideration therein expressed.
Given under my hand and notarial seal tise day of Oth. ibe f o 52017.
Ti
$sss PAMELA E. HARRIS-DAVIS
jotary Public, State of Texas
My Commission Expires Chon Le Ef Vents - atid
October 01, 2019 Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF # LELIS §
BEFORE me the undersigned authority, on this day personally appeared
Rlovindea ine , an individual, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that s/he executed the same for the
purposes and consideration therein expressed.
Given under my hand and notarial seal this day of lth bee , 2017.
aa, PAMELA E. HARRIS-DAVIS
“4 Notary Public, State of Texas
Conve E Maus Leck
My Commission Expires Notary Public, State of Texas
iy oe October 01, 2019
[Signature Page(s) to Canal Sublicense Agreement -
Preview
Filed: 9/13/2022 10:41 AM Defendants' Traditional Motion for Summary J udgment J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 68193764 By: Shailja Dixit 9/13/2022 10:56 AM No. 21-CV-0305 DAVID AND CONNIE EVANS, § IN THE DISTRICT COURT OF § Plaintiffs, § § GALVESTON COUNTY, TEXAS MB HARBOUR, LTD. AND HARBOUR MANAGEMENT, LLC Defendants. § 10 JUDICIAL DISTRICT EXHIBITS 11-15 EXHIBIT 11 Kings’ Deed to Evans or Evans’ Deed asyitc/ 203 457 cup ITC/BLR/2036457-CLHD Warranty Deed with Vendor's Lien Date: August 12, 2020 Grantor: HAROLD R. KING and CLORINDA M. KING, married Grantee: DAVID JOSEPH EVANS JR. and CONNIE CAMACHO EVANS, husband and wife Grantee's Mailing Address: DAVID JOSEPH EVANS JR. and CONNIE CAMACHO EVANS 2122 COVE PARK DRIVE LEAGUE CITY, TX 77565 Consideration: Cash and a note of even date executed by Grantee and payable to the order of HOMETRUST MORTGAGE COMPANY in the principal amount of FOUR HUNDRED FORTY-EIGHT THOUSAND AND NO/100 DOLLARS ($448,000.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of HOMETRUST MORTGAGE COMPANY and by a first-lien deed of trust of even date from Grantee to PATRICIA A. GUSTAFSON, trustee. Property (including any improvements): Lots 29 and 30, Block 4, GLEN COVE, according to the map or plat thereof, recorded in Volume 6, Page 83, Map Records, Galveston County, Texas. Reservations from Conveyance: None CERTIFIED COPY CERTIFICATE STATE OF TEXAS 5 COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the or iginal record now. in my lawful custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon, | hereby certify on September 8 ,2022 DWIGHT D. SULLIVAN, COUNTY CLERK GALVES IN COUNTY, TEXAS As BY: Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is taken; validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2020, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute HOMETRUST MORTGAGE COMPANY, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The first and superior vendor's lien against and superior title to the Property are retained for the benefit of HOMETRUST MORTGAGE COMPANY and are transferred to HOMETRUST MORTGAGE COMPANY without recourse against Grantor. When the context requires, singular nouns and pronouns include the plural. Executed on the date of the acknowledgement below, but effective as of the Date set forth above. CERTIFIED COPY CERTIFICATE STATE OF TEXAS COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record now:in my lawful custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. ‘ hereby certify on September 8 ,2022 ‘DWIGHT D. SULLIVAN, ailCOUNTY EX * Wy) Noe DEPUTY Lenad Nororel RES — HAROLD R. KING Ge go CLORINDA M. KINGS STATE OF TEXAS ) COUNTY OF HARRIS ) This instrument was acknowledged before me on | 40k ist 0 2020, by HAROLD R. KING and CLORINDA M. KING. Fslonvie iy BRITT TAN, Ss ow SAARY, % S Notary Public, State of Texas My commission expires: Se Or TEX® % S124\\\ Fe seee® > ny 912.2023 ww aN PREPARED IN THE OFFICE OF Schultz & Kellar, PLLC For Independence Title Company 1100 EB. NASA Parkway, Suite 502 Houston, TX 77058 AFTER RECORDING RETURN TO: DAVID JOSEPH EVANS JR. 2122 COVE PARK DRIVE LEAGUE CITY, TX 77565 CERTIFIED COPY CERTIFICATE STATE OF TEXAS ” re COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record how in my lawfyl custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. & | hereby certify on September 8 ,2022 * DWIGHT D. SULLIVAN, COUNTY CLERK GALVE: TON COUNTY, TEXAS Uy on Cot f Cavan) — sox Asia Coronado FILED AND RECORDED Instrument Number: 2020049449 Recording Fee: 34.00 Number Of Pages:4 Filing and Recording Date: 08/13/2020 3:01PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. egSe TE SS é oe ORs & XY fF wh uth. Ftv es AS ee A ae RY Sone 4 < >e 4 sa Dwight D. Sullivan, County Clerk oF Gan’, oe Galveston County, Texas RV DO NOT DESTROY - Warning, this document is part of the Official Public Record. CERTIFIED cory. ieagnbeate STATE OF TEXAS COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record. now in 2 intl ent pgasescion, as the same is recorded in the Official Public Records in my office and having Identification Number as slamped hereon. . | hereby certify on September 8 ,2022 DWIGHT D. SULLIVAN, COUNTY CLERK oe af 3 GALVESTON COUNTY, TEXAS Bocas ayy a_l gyal Asia Coronado’ DePuTy EXHIBIT 12 Survey from Robert Ellis with survey overlaying 2012 satellite image. ce Po @ ot Ke 0. &, ge we ool oo vs <0 we? ) To the extent Licensee is comprised of two (2) or more parties, any and all obligations under this Canal Use License Agreement (this “Agreement”) are joint and several between all such parties. 8 Removal of Structures. Licensee acknowledges and agrees that any structure or improvement extending into the Canal may be removed by Licensor in order to maintain the Canal integrity and comply with all applicable regulations. Licensee further agrees that all costs associated with the removal and replacement of such structures and improvements shall be borne by the Licensee, and that Licensee shall pay Licensor upon request all such costs. 9 Liability. Licensee assumes all liability for the acts and safety of Licensee and his/her tenants, guests and invitees, and hereby releases and agrees to hold Licensor harmless from any liability for damages, injury and/or death, suffered by any person, property, corporation or other entity by reason of action taken or right exercised pursuant to this license. 10. Compliance of Licensee Improvements. Licensee agrees that all boat houses of any size, and all piers and docks and all other structures which (a) have not been proven to be in compliance with all City and Corps requirements, and (b) have not been approved by Licensor, are prohibited, and shall be removed within thirty (30) days from the date hereof. Licensee agrees that no additional structure or building shall be constructed or installed in the License Area nor shall any Existing Improvement be modified or replaced, without Licensor’s prior written permission in Licensor’s sole discretion. Licensee shall provide Licensor with proof of obtaining all permits that may be required from the City, the Corps and any other entities determined by Licensor. MWe Observation of Laws. Licensee agrees to observe all laws and regulations regarding the Canal, including but not limited to, the prohibitions against placement or disposal of trash, toxins, pollutants, etc, into the Canal or near the banks of the Canal. 12. Termination. Licensee agrees that Licensor has the right to terminate and revoke this Agreement at any time without liability to Licensee upon written notice to Licensee. GHA369438.2 10618-001 ¢ “CERTIFIED COPY CERTIFICATE STATE OF TEXAS COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record now in my lawful custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. I hereby certify on September 8 ,2022 ous DWIGHT D. SULLIVAN, COUNTY CLERK eS fay +) 37 GALVEST! COUNTY, TEXAS ‘3 ; BY: Asia Ce 13. Indemnification. (a) LICENSEE HEREBY RELEASES, AND AGREES TO INDEMINIFY AND HOLD LICENSOR AND EACH OF ITS EMPLOYEES, PARTNERS, AGENTS AND REPRESENTATIVES (WITH LICENSOR, INDIVIDUALLY AND COLLECTIVELY, THE “LICENSOR_ PARTIES”) HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, SUITS, JUDGMENTS, OR DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES AND CLAIMS FOR DIMINUTION OF PROPERTY VALUE) ASSERTED AGAINST ANY OF THE LICENSOR PARTIES OR INCURRED BY ANY OF THE LICENSOR PARTIES FOR ALL LOSS OR DAMAGE TO ANY PROPERTY, AND ALL PERSONAL INJURY OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO THE BODILY INJURY OR DEATH OF ANY OR ALL OF LICENSEE’S AND/OR LICENSEE’S GUESTS, INVITEES, EMPLOYEES, AGENTS, OR CONTRACTORS), ARISING OUT OF ANY USE OR EXERCISE BY LICENSEE OR ANY GUEST, INVITEE, OR ANY EMPLOYEE, AGENT OR CONTRACTOR OF LICENSEE (LICENSEE PARTY”) OF ANY RIGHTS UNDER ‘THIS AGREEMENT, AND TO PAY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, WHICH ANY OF THE LICENSOR PARTIES MAY SUSTAIN OR INCUR ARISING OUT OF OR RESULTING FROM ANY ACT OR OMISSION OF LICENSEE OR ANY LICENSEE PARTY IN CONNECTION WITH SUCH USE OR EXERCISE; AND SUCH INDEMNITY AND AGREEMENT TO HOLD HARMLESS SHALL BE APPLICABLE REGARDLESS OF WHETHER SUCH INJURIES, DEATH, PROPERTY I.OSS OR DAMAGES IN CONNECTION WITH SUCH USE OR EXERCISE ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF ANY SUCH LICENSOR PARTIES. IT IS PROVIDED, HOWEVER, THAT LICENSEE’S INDEMNITY AND AGREEMENT TO HOLD HARMLESS AS PROVIDED IN THIS SECTION SHALL NOT BE APPLICABLE TO THE EXTENT ANY OCCURRENCE IS CAUSED SOLELY FROM ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH LICENSOR PARTIES. (b) This indemnity agreement provided above is independent of Licensee’s insurance, and will not be limited by comparative negligence statutes. 14. Complaints Regarding Use of License Area and Canal; Use Restrictions. (a) Licensee, at Licensee’s sole cost and expense, agrees to promptly resolve any and all complaints from homeowners, business and governmental entities related to Licensee’s use or occupancy of the License Area or other portion of the Canal, and Licensor may, without liability, terminate this license for any failure of Licensee to promptly resolve any such complaint to Licensor’s reasonable satisfaction. ) Notwithstanding anything to the contrary contained in this Agreement, the following uses of and/or activities in the License Area shall be strictly prohibited, and Licensee shall not commit or permit any of the following to occur, or be placed or used or to exist within, on or 6 GHA369438,2 10618-001 3x cern COPY CEI RT!eTIFICATE. STATE OF TEXAS COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record.now in my fen custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. | hereby certify on September 8 ,2022 Pi DWIGHT D. SULLIVAN, COUNTY CLERK ory +h GALVESTON COUNTY, TEXAS 33 nl ‘S wo BY: } (proved DEPUTY Asia Coror about the License Area, or any portion thereof: @ the release or discharge of waste products, fuel or any petroleum products; Gi) the service, maintenance or repair or like activities concerning any watercraft; Gi) any commercial use of any watercraft within the Marine License Area; (Gv) any human-powered watercraft (or watercraft capable of being human powered), including but not limited to kayaks, rowboats, dinghies, paddle boats, canoes, floats, rafts and the like regardless of length; (vy) the placement, docking or storage, whether temporary or otherwise, of watercraft which are not: (A) ina seaworthy condition, fully operational, such watercraft to be properly maintained and operated in a top quality, first-class condition; @®) in compliance with all U.S. Coast Guard safety requirements; (C) equipped with a fully operational motor of a size adequate to power the watercraft in question; @) capable of unassisted locomotion and navigation; ©) licensed and marked as required by the regulations and laws of the State of Texas and/or the laws and regulations of the United States of America; or ) properly insured, with Licensee being the named insured or an additional insured for such coverage and/or properly registered and/or licensed with any and all respective agencies governing same; (vi) barges, shrimp boats or other commercial use vessels; (vii) any inoperable watercrafi; (viii) any watercraft that is not kept in a clean, neat, evenly painted, rust free and orderly appearance and condition; (ix) any activity or condition constituting a nuisance or creating any impairment of navigation or contamination of any waters; or ®) use, disposal, release or storage of any biologically or chemically 7 GHA369438.2 10618-001 CERTIFIED COPY CERTIFICATE STATE OF TEXAS COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record now in my lawful custody and possession, as the same is recorded in the Official Public Records in my office and having identification Number as stamped hereon. | hereby certify on September 8 ,2022 Bow DWIGHT D. SULLIVAN, COUNTY CLERK 2%, wy GALVESTON COUNTY, TEXAS. f3 BY: DEPUTY Asia Coronado active or other hazardous substances or materials, to include such hazardous substances or materials as described in 42 U.S.C. sec. 9601 et seg. (the Comprehensive Environmental Response, Compensation, and Liability Act of 1980), as may be amended, or under any applicable state or local laws or regulations governing same. 15) No Right to Assign or Transfer License by Licensee. This Agreement and license granted herein are non-transferable and non-assignable by Licensee except to a subsequent purchaser of the Glen Cove Property. In addition to the other provisions of this Agreement, it is agreed and understood by Licensee that the rights, privileges and obligations conferred and imposed upon Licensee by this Agreement may not be sold, conveyed, devised, assigned or sublet by Licensee except to a subsequent purchaser of the Glen Cove Property, and by the purchase of the Glen Cove Property any such subsequent purchaser fully and without reservation accepts the rights and obligations imposed by the Agreement and license granted herein. Further, the license granted herein shall become a covenant running with land and shall attach to the Glen Cove Property and in no event whatsoever shall be separated or divisible in any form or manner from the ownership of the Glen Cove Property. Lastly, in conjunction with the purchase and sale of the Glen Cove Property, any new owner of such Glen Cove Property agrees to execute and deliver to Licensor an agreement as to the assignment and assumption of the obligations of Licensee herein, on Licensor’s standard form, which shall be recorded in the local property records upon the closing of the sale of the Glen Cove Property. 16. insurance. Licensee covenants to keep and maintain, at its sole costs and expense, general liability insurance against claims for personal injury, death, and property damage occurring on the License Area and Canal with single limit coverage of not less than an aggregate of One Million and 00/100 Dollars ($1,000,000.00) including umbrella coverage, if any, and naming Licensor as an additional named insured and loss payee. Licensee shall provide proof of such insurance to Licensor at any time upon request. If at any time any such insurance lapses or the Licensee fails to provide proof of such insurance to the Licensor, Licensor shall have the right to obtain such insurance, and Licensee shall reimburse Licensor for all costs thereof immediately upon request of Licensor. 17 No Additional Rights. Nothing contained herein shall be construed as creating any rights in the general public or as dedicated for public use any portion of the Canal, including the License Area, No easements shall be implied by this Agreement. 18. Remedies. (a) In the event of a violation or threat thereof of any of the provisions of this Agreement, Licensee agrees that such violation or threat thereof shall cause the Licensor to suffer irreparable harm and Licensor shall have no adequate remedy at law. As a result, in the event of a violation or threat thereof of any of the provisions of this Agreement by Licensee, Licensor, in addition to all remedies available at law or otherwise under this Agreement, shall be entitled to injunctive or other equitable relief to enjoy a violation or threat thereof of this Agreement. 8 GHA369438.2 106 18-001 cereiieo COPY CERTIFICATE STATE OF TEXAS COUNTY OF GALVESTON ‘The foregoing is a true and correct photographic copy of the ori iginal record rlow in my lawful custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. | hereby certify on September 8 ,2022 DWIGHT D. SULLIVAN, COUNTY CLERK GALVESTQN COUNTY, TEXAS & BY: (vn, "Asia Coronado. v (b) In addition to its other remedies, | .icensor shall have self help remedies in the event of any breach by Licensee of any of its obligations under this Agreement, which may include removal of improvements which are in violation of this Agreement, and the placing of insurance covering Licensor, all at the expense of Licensee. ©) Notwithstanding anything herein to the contrary, Licensor may terminate this Agreement if, in its sole discretion, Licensee or its guests, tenants or invitees in any way violates this Agreement or causes a nuisance, or unsightly, obnoxious, or illegal activities in its use of the Canal or License Area. @ Upon any termination or expiration of this Agreement, Licensor shall have the tight to remove all improvements and structures from the License Area at Licensee’s expense, if Licensee fails to so remove to Licensor’s satisfaction within thirty (30) days from the date of Licensor’s written request therefor. ©) Licensee shall be obligated to promptly reimburse Licensor for all reasonable costs and expenses incurred by Licensor in any way caused or related to any breach or default by Licensee of any of its obligations under this Agreement, in addition to the other obligations in this Agreement. ® For all payments due by Licensee to Licensor which are not paid within thirty (30) days from their due date, Licensee shall pay Licensor a late charge equal to three percent (3%) per each month past due, to compensate Licensor for liquidated damages for the additional time and expense in collecting such late payments. 19. Condemnation. In the event of an eminent domain taking of all or any portion of the Canal, Licensor shall have the right to terminate this Agreement, and the eminent domain award made with respect thereto, or any other award or payment made therefor, whether as compensation for the portion thereof taken or as severance damages with respect to the remainder thereof not so taken, shall belong to the Licensor. The term “eminent domain taking” includes a voluntary conveyance made under threat of or anticipation of an involuntary eminent domain taking. 20. Attorneys’ Fees, In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication shall be entitled to recover its costs and reasonable attorneys’ fees incurred in the preparation and prosecution of such action or proceeding. 21, Amendment _of this Agreement. The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, only by written consent of both parties hereto, evidenced by a document that has been fully executed and acknowledged by all such parties. 22. Waiver. No waiver of any default of any obligation by any part hereto shall be implied from any omission by the other party to take any action with respect to such default. GHA369438.2 10618-001 CERTIFIED COPY CERTIFICATE STATE OF TEXAS COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record now in my lawful custody:and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. ' hereby certify on September 8 2022 oe DWIGHT D. SULLIVAN, COUNTY CLERK fefe GALVESTON COUNTY, TEXAS S] wow BY: DEPUTY Asia fonado 23. Relationship of Parties. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 24. Severability. Each provision of this Agrcement is hereby declared to be independent of and severable from the remainder of this Agreement. If any provisions contained herein shall be held to be invalid or to be unenforceable, such holding shall not affect the validity or enforceability of the remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared and to share equally in the cost thereof. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 25. Time of the Essence. Time is of the essence of this Agreement. 26. Notices. Notices or other communication hereunder shall be in writing made by certified mail or national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party may change from time to time their respective address for notice hereunder by like notice to the other party. The notice addresses are as follows: Licensor: MB Harbour, Ltd. 2951 Marina Bay Dr., Ste. 130-343 League City, TX 77573 With Copy to Greer, Herz & Adams, L.L.P. Attn: Joe A.C. Fulcher 2525 South Shore Blvd., Ste. 203 League City, TX 77573 Licensee: tlpeown King RUYD Ani astTAS LA Bmt- Th. 97108 28. Applicable Laws. The laws of the Statc of Texas shall govern the interpretation, validity, or performance, and enforcement of this Agrecment. 29. Counterparts. This Agreement may be executed in multiple counterparts, each being deemed an original and all of which, when combined, being one and the same instrument. 10 (GHA369438.2 10618-001 Hes er CERTIFICATE STATE OF TEXAS * COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal record:now in my lawful custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. I hereby certify on September 8 ,2022 Fy _f DWIGHT D. SULLIVAN, COUNTY CLERK fe PO Fo GALVEST! COUNTY, TEXAS as ON ca BY: DEPUTY Asia Coronado EXECUTED TO BE EFFECTIVE as of theAO day Byte. 4 20/7. LICENSOR: MB HARBOUR, LTD., a Texas limited partnership By: Harbour Management, LLC, a Texas limited liability company Its: Manager } /) iy: hd 6 Qs a ew STATE OF TEXAS COUNTY or ylwesion § This instrument was acknowledged before me on g ad , 2017, by Nick Scotto, President of Harbour Management, LLC, a Texas limited liability company, Manager of MB HARBOUR, LTD., a Texas limited partnership, on behalf of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisZO bay ot September, 2017, Misaki 3 LISA A, AVEDON NOTARY PUBLIC in and for totcry Public, State of Texas 3 My Commission Expires the State of ganuary 17, 2019 [Signature Page(s) to Canal Sublicense Agreement - ] GHA369438 10618-001 “CERTIFIED pone ceRtiricaTe STATE OF TEXAS . COUNTY OF GALVESTON The foregoing is a true and correct photographic copy of the ori iginal reco now in my lawful custody and possession, as the same is recorded in the Official Public Records in my office and having Identification Number as stamped hereon. | hereby certify on September 8 ,2022 @) DWIGHT D. SULLIVAN, COUNTY CLERK +h GALVEST( COUNTY, TEXAS 3B BY: DEPUTY Asia Cor ado LICENSEE: WOrrsarel Lx , an individual Clowele Kon , an individual STATE OF TEXAS § § COUNTY OF Heb 'S § BEFORE me the undersigned authority, on this day personally appeared Hero LD , an individual, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed. Given under my hand and notarial seal tise day of Oth. ibe f o 52017. Ti $sss PAMELA E. HARRIS-DAVIS jotary Public, State of Texas My Commission Expires Chon Le Ef Vents - atid October 01, 2019 Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF # LELIS § BEFORE me the undersigned authority, on this day personally appeared Rlovindea ine , an individual, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed. Given under my hand and notarial seal this day of lth bee , 2017. aa, PAMELA E. HARRIS-DAVIS “4 Notary Public, State of Texas Conve E Maus Leck My Commission Expires Notary Public, State of Texas iy oe October 01, 2019 [Signature Page(s) to Canal Sublicense Agreement -