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LaPorteCanadaRoad5-28-04a AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement is made and entered into by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter called "County," and the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City"; RECITALS: 1. It is to the mutual benefit of County and City to construct Canada Road (County Road Log Nos. 0225701 and 0225702), a street within the corporate limits of the City, from Spencer Highway to Fairmont Parkway as a four lane reinforced concrete roadway, with curb and gutter, storm sewer, and related appurtenances, hereinafter called the "Project." 2. The Project will include construction, relocations and/or improvements involving sidewalks and water and sewer utilities, hereinafter sometimes called the "City Improvements." That part of the Project other than the City Improvements shall sometimes be called the "Road." 3. The County is willing to contribute up to $1,871,822 toward 50% of all costs of the Road, provided that City will contribute 50% of all costs of the Road up to $1,871,822 and 100% of the costs of the City Improvements, up to $893,431, and administer the design and construction of the Project. All costs attributable to the cost of the Road, including costs of right-of-way, engineering, construction and construction support services will sometimes be called the "Road Costs." All costs attributable to the cost of the City Improvements, including costs of additional right-of-way, engineering, construction and construction support services will sometimes be called the "City Improvement Costs." 4. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS: 1. Within ninety (90) days after execution of this Agreement, the City shall endeavor to prepare, or cause to be prepared, drawings and specifications for the Project copies of same to the County for written approval by the County Engineer, or his designee. 2. The City shall undertake to acquire all right-of-way necessary for the Project by purchase, gift, donation or exercise of the power of eminent domain. 3. Within sixty (60) days of acquisition by the City of all right-of-way or entry rights necessary for the Project and approval of drawings and specifications for the Project in accordance with Section 1, the City will advertise for and receive bids for the construction of the Project in