O-2008-3103 Letter Agreement with C. Berdon Lawrence; RE:sanitary sewer service

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City of La Porte August ~, 2008 Page 3 the Alternate Facilities, Lawrence, at his expense, shall proceed with the construction and installation of the Alternate Facilities in accordance with the approved Utility Plans using contractors selected by Lawrence. La Porte acknowledges and agrees that the construction and installation of such Alternate Facilities will involve the installation of sanitary sewer lines within the right of way of Crescent Drive, and La Porte hereby grants its permission and license to such contractors to use such right of way for the purpose of installing such sanitary sewer lines in accordance with the approved Utility Plans and shall reasonably cooperate with Lawrence and his contractors in order to facilitate such construction and installation. All Alternate Facilities constructed and installed on the Apartment Site and/or Bay Lots and within the right of way of Crescent Drive shall be private facilities owned and maintained by Lawrence from and after the completion thereof. After completion of such Alternate Facilities, Lawrence and his contractors shall have the right, from time to time, to enter upon the right of way of Crescent Drive for the purpose of maintaining, repairing and replacing the Alternate Facilities located within such right of way, and La Porte shall reasonably cooperate with Lawrence and his contractors in order to facilitate the maintaining, repairing and replacing the Alternate Facilities located within such right of way. Upon request of Lawrence, La Porte shall execute an instrument in recordable form evidencing the right of Lawrence and his contractors to so install, maintain, repair and replace the Alternate Facilities within the right of way of Crescent Drive. Upon completion of the initial construction and installation of the Alternate Facilities, Lawrence shall notify La Porte thereof. 4. Transfer of Utility Service. Promptly upon completion of the Alternate Facilities, Lawrence shall cause the sanitary sewer service to the Residences to be transferred to the Alternate Facilities and shall discontinue sanitary sewer service through the sanitary sewer lines and other facilities in the Existing Sanitary Sewer Easements and the Lift Station Site. 5. Conveyance of Lift Station Site and Lift Station: Termination of Existing Utility Easements. Access and Other Easements. At any time following the completion of the Alternate Facilities and transfer of the sanitary sewer service to the Alternate Facilities, upon written request of Lawrence, La Porte shall execute and deliver to Lawrence the following documents in recordable form: (a) A Special Warranty Deed in the form attached hereto as Exhibit "B" conveying to Lawrence free and clear of all liens and encumbrances other than those set forth in the Title Report, fee simple title to the Lift Station Site, Lift Station and any utility lines, utility facilities and other improvements in, on or under the Lift Station Site; and (b) A Termination of Easements and Conveyance of Utility Facilities in the form attached hereto as Exhibit "c" (i) terminating the Existing Sanitary Sewer Easements, the Access Easements and any other existing access easements or other rights of access currently held or claimed by La Porte through the Apartment Site or Bay Lots to property owned by La Porte adjacent to the Apartment Site and Bay Lots but without affecting the Existing Water Line Easement and Existing Drainage Easement, and (ii) HOD :2702631.7