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Right of Way

RIGHT OF ENTRY AGREEMENT

 

 

This Right of Entry Agreement (the “Agreement”), dated __________________, 2016 (the “Effective Date”), is entered into by and between ____________________________ (the “Owner”), and Normangee Independent School District (the “District’). The Owner and the District are herein collectively referred to as the “Parties” and individually as a “Party”.

 

WHEREAS the Owner is the owner of certain property located at _____________________________________ (the “Owner’s Property”);

 

WHEREAS the Owner desires the District to utilize the driveway located on Owner’s Property (the “Driveway”) for purposes bus pick-up and drop-off of students enrolled at the District who reside at _________________   in      __________, Texas;

 

WHEREAS the District desires to utilize the Driveway for the purposes set forth above, subject to the terms and conditions set forth below;

 

NOW THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the execution of this Agreement, the Parties hereby agree as follows:

 

  1. The Owner hereby grants to the District, and the District’s applicable employees and representatives, a right of entry (‘Right of Entry”) over and across the Driveway located on the Owner’s Property for purposes related to the pick-up and drop-off of students enrolled at the District who reside on __________________, __________________, Texas.

     

  2. The Owner hereby agrees to release and hold harmless the District and its officers, agents, trustees, and employees from and against any and all damages, losses, costs, liabilities, expenses, demands or claims arising out of or related to any and all wear and tear damages or necessary repairs to the road or Driveway surface caused by access to the Owner’s Property and Driveway by District buses.

 

  1. Subject to any terms or provisions hereof to the contrary, this Agreement shall be effective on the Effective Date and shall remain in effect for a term of one (1) year, unless otherwise terminated pursuant to Sections 4 or 5, below. This Agreement shall automatically renew for consecutive additional terms of one (1) year unless otherwise terminated pursuant to Sections 4 or 5, below.

 

  1.  Notwithstanding anything herein to the contrary, this Agreement may be terminated by either Party upon providing thirty (30) days prior written notice thereof to the other Party.

 

  1. Notwithstanding anything herein to the contrary, this Agreement shall not run with the land, and shall automatically terminate upon the conveyance, sale or transfer by Owner of the Owner’s Property to a third party.

 

  1. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, excluding any conflict of laws rule or principle that might refer the governance or the construction of this Agreement to the law of another jurisdiction. 

 

  1. This Agreement sets forth the entire agreement and understanding of the Parties with respect to the subject matter contemplated hereby, and supersedes all prior agreements, arrangements, and understandings related to the subject matter hereof. 

 

  1. This Agreement may be amended or modified only by a written instrument executed by both Parties hereto.

 

  1. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.

 

  1. All notifications under this Agreement shall be sent by certified U.S. mail return receipt requested.  All notifications shall be sent to following mailing address and fax number:

 

If to Normangee ISD: Normangee ISD

Attn: Superintendent

                                    P. O. Box 219

                                    Normangee, Texas 77871

 

                     If to Owner:                  _____________________________

                                       Attn: _________________________

                                                 ______________________________

                                       ______________________________

 

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IN WITNESS WHEREOF, the parties have set their hands hereto, effective as of the Effective Date above defined.

 

 

 

NORMANGEE INDEPENDENT SCHOOL DISTRICT:

 

By:  Transportation Department                    

 

Name Brad Hipple

 

Title: Transportation Director
 

Date: ________________________________

 

 

 

 

OWNER:

 

By: _________________________________                                  

 

Name: _______________________________

 

Title: ________________________________

 

Date: ________________________________