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<br />UTILITY EXTENSION AGREEMENT <br /> <br />(Owner Funded Extension) <br /> <br />THE STATE OF TEXAS: <br />COUNTY OF HARRIS: <br /> <br />This agreement, made this 21st day of May, 2007, by and between the City of La <br />Porte, herein called "City", acting herein through its City Manager and North Bayport <br />Industrial Park II, Ltd., a Texas Limited Partnership, hereinafter called "Owner". <br /> <br />WITNESSETH <br /> <br />1. All references to "Utility Main(s)" hereunder shall, for the purposes of this <br />agreement, refer to the extension of public water and sanitary mains and related <br />appurtenances per plans and specifications being prepared by Un Engineering, <br />Inc., Project No. LE10637, dated January 2007 (Re: CLP Project No. 2007- <br />7601 ). <br /> <br />2. Owner is the owner of certain property located in the extra-territorial jurisdiction <br />of the City of La Porte, Harris County, Texas, identified as approximately <br />187.6711 acres out of the W.M. Jones Survey, A-482, Harris County, Texas. <br />Said property is more particularly described on the drawing attached hereto as <br />Exhibit "A", and incorporated herein by reference. Said 187.6711 acres is to be <br />platted as Bayport North Industrial Park II and filed for record in the Harris <br />County Clerk's Office. <br /> <br />3. City hereby agrees to the construction and installation of an extension of its utility <br />main(s) to said property commencing at the nearest existing utility main(s) of <br />sufficient size and capacity. Thence along/through public rights-of-way and/or <br />easements to and through said Owner's property. Provided, however, that <br />should City not possess all necessary rights-of-way and/or easements to <br />complete said extension(s), Owner shall be solely responsible for obtaining said <br />