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<br />e <br /> <br />CJtK OF COMMISSIONERS COURT <br /> <br />0')- <br />_ d'~' J~ <br />) i)" ' <br />"'3,9 <br />\,~~ <br /> <br />Bayarea20011aporte 4 <br /> <br />AGREEMENT <br /> <br />THE STATE OF TEXAS ~ <br />~ <br />COUNTY OF HARRIS ~ . <br /> <br />This Agreement is made and entered into by and between Harris County, a body corporate <br />and politic under the laws of the State of Texas, hereinafter called "County," and the City of La <br />Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City"; <br /> <br />RECITALS: <br /> <br />I, It is to the mutual benefit of County and City to construct Bay Area Boulevard (County <br />Road Log No. 2917-6), a street within the corporate limits of the City, from approximately 500 feet <br />north of Spencer Highway to approximately 500 feet south of Fairmont Parkway as a four lane <br />reinforced concrete boulevard section, with curb and gutter, median ditch, storm sewer, and all <br />necessary appurtenances, hereinafter called the "Project." <br /> <br />2. The County is willing to contribute up to $4,053,500 toward 50% of all costs of the Project <br />and to administer the design and construction of the Project, provided that City will contribute <br />50% of all costs of the Project up to $4,053,500. All costs attributable to the cost of the Project, <br />including costs of right-of-way, engineering, construction and construction support services will <br />sometimes be called the "Project Costs." <br /> <br />3. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and <br />benefits to the parties herein named, it is agreed as follows: <br /> <br />TERMS: <br /> <br />I. Within ninety (90) days after execution of this Agreement, the County shall endeavor to <br />prepare, or cause to be prepared, drawings and specifications for the Project copies of same to the <br />City for written approval by the Mayor of the City, or his designee. <br /> <br />2. The City shall undertake to acquire all right-of-way necessary for the Project by purchase, <br />gift, donation or exercise of the power of eminent domain. If such right-of-way or necessary right- <br />of-entry has not been acquired within one year after execution of this Agreement, the County's sole <br />remedy shall be to terminate this Agreement as provided below, <br /> <br />3. Within sixty (60) days of acquisition by the City of all right-of-way or entry rights <br />necessary for the Project and approval of drawings and specifications for the Project in accordance <br />with Section 1, the County will advertise for and receive bids for the construction of the Project in <br />accordance with the approved drawings and specifications in the manner similar to that of other <br />like County projects, <br />