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RELEASE OF RESTRICTIONS
AND
GRANT OF OPEN SPACES EASEMENT

STATE OF TEXAS	§

COUNTY OF GALVESTON	§

This agreement (“Agreement”), made this day of ____ , 2010, by and between _________________ a Texas non-profit corporation (“HOA) and the City of Galveston, Texas (“City).

RECITALS

WHEREAS, the City, pursuant to its Hazard Mitigation Grant Program, as provided for under the terms of The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, is contemplating acquiring title to certain flood damaged properties in the _______________ Subdivision in the City of Galveston, Galveston County, Texas, as more particularly described on Exhibit “A” attached hereto and made a part of this Agreement for all purposes (the “Properties”); and

WHEREAS, the Properties are subject to the HOA’s assessment of annual maintenance fees and assessments (collectively the “Charges”); and

WHEREAS, the City, as a condition precedent to acquiring the Properties, is requiring that HOA release the City, its successors and assigns, and the Properties from any current or future obligation to pay the Charges and to hold the City harmless from any present or future claims by HOA, its successors and assigns, for the Charges; and

WHEREAS, HOA, as a condition precedent to granting the City’s request for a release from the Charges, is requiring that (i) the City release and relinquish any right that the City, its successors or assigns may now or hereafter have, to use the Properties for any public or private purpose whatsoever except as provided for herein and (ii) it cause, at the City’s cost and expense, the prompt demolition and removal of any existing or remaining improvements situated upon the Properties.

NOW, THEREFORE, for and in consideration of Ten Dollars (S 10.00) and other good and valuable consideration to each in hand paid, the receipt and sufficiency of which is hereby acknowledged, HOA and the City hereby agree that HOA, its successors and assigns, shall now and in perpetuity release the City, its successors and assigns, and the Properties, from any current and future obligation to pay the Charges and HOA agrees to hold the City harmless from any present or future claim for the Charges.  The City agrees, on its behalf and on behalf of its successors and assigns, to release in perpetuity its right to use the Properties for any public or private purpose whatsoever except for unpaved tumarounds available for emergency vehicles and to allow the Properties to remain in their natural state for use and enjoyment by the public and, at its cost and expense, to demo!ish and remove from the Properties any existing or remaining improvements now situated thereon.

HOA warrants and represents to the City that the execution of this Agreement has been properly authorized by its Board of Directors and likewise the City warrants and represents to HOA that the execution of this Agreement has been properly authorized by its City Council.

Upon approval by the City and HOA this Agreement will be filed for record in the Official Public Records of Real Property of Galveston County, Texas.  It shall serve as the release of any monetary claim against the City, its successors and assigns, for Charges and as an agreement on the part of the HOA to hold the City harmless from such claims.  

WITNESS the execution hereof on the day of ________ 2010. the effective date hereof

(HOA) _______________________

By: _________________________________________________________________

President (For the Corporation)

THE CITY OF GALVESTON, TEXAS

By:	_______________

Steve LeBlanc
City Manager

ATTEST:

By: ________________

Barbara S. Lawrence
City Secretary

APPROVED:

By:	____________

Susie Green
City Attorney