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<br />. <br /> <br />. <br /> <br />capacity. Thence along/thru City of La Porte rights-of-way and/or easements to said Owner's property. Provided, <br /> <br /> <br />however, that should City not possess all necessary rights-of-way and/or easements to complete said extension(s), <br /> <br /> <br />Owner shall be solely responsible for obtaining said additional rights-of-way and/or easements at no cost to City. <br /> <br /> <br />(4) Owner agrees to pay all costs related to the construction and installation of said line(s) including <br /> <br /> <br />necessary appurtenances in conformance with City's standards and specifications for said line(s). Owner further <br /> <br /> <br />agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, and <br /> <br /> <br />preparation of record drawings. Owner shall be responsible for all other customary charges such as pennit, tap, <br /> <br />and meter installation fees. <br /> <br /> <br />(5) Owner agrees to inspection by City, of the mains during construction. Inspection shall be performed <br /> <br /> <br />as deemed appropriate and necessary by City. As a condition of acceptance of utility mains by City, Owner agrees <br /> <br />to provide City with a one year warranty on material and worlcmanship. <br /> <br /> <br />(6) Subject to the provisions of this agreement, City hereby agrees to the constJUCtion and installation <br /> <br /> <br />of said utility main(s) according to the plans and specifications to be prepared by the Owner's engineer and approved <br /> <br /> <br />by the City. City shall reserve the right to review and approve the Contractor to be engaged for construction of <br /> <br />public utilities. <br /> <br /> <br />(7) City agrees to accept the value of these utility mains as Owner's pro rata portion of the prevailing <br /> <br /> <br />square footage and/or front footage connection charge for water and/or sewer service against said property belonging <br /> <br /> <br />to Owner. <br /> <br />(8) Upon execution of this agreement and compliance with terms herein and upon receiving Final Plat <br /> <br />approval from the Planning and Zoning Commission, City agrees to authorize construction of utility mains. Owner <br /> <br /> <br />shall require the contractor under such contract to diligently pursue the construction of the project to completion. <br /> <br /> <br />It is, however, understood that the completion of the work is subject to "force majeure". <br /> <br /> <br />(9) In the event that other owners of property abutting the line(s) extended by Owner under this contract <br /> <br /> <br />shall utilize the extended line(s) constructed under this agreement, by making connection thereto under a pennit from <br /> <br /> <br />City, Owner recognizes that there are no reimbursement obligations on the part of the City or owners of abutting <br /> <br /> <br />property. <br /> <br />(10) Owner and City recognize that City of La Porte Ordinance 96-2089 in Section 4, Paragraph 1, <br /> <br /> <br />anticipated the cash consideration for street and alley closings to be subject to future adjustment, based on final <br />