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<br />City of La Porte <br />August 2..S, 2008 <br />Page 4 <br /> <br />conveying to Lawrence all utility lines and utility facilities in the Existing Sanitary Sewer <br />Easements. <br /> <br />6. Removal of Lift Station from Lift Station Site. At any time following the <br />execution and delivery of the documents set forth in Paragraph 5 above, Lawrence may remove <br />the Lift Station and its related equipment from the Lift Station Site and cap-off all utility lines to <br />the Lift Station. <br /> <br />7. Existing Water Line Easement. Nothing herein shall affect the Existing Water <br />Line Easement which shall continue in full force and effect. La Porte shall continue to have all <br />rights under the Existing Water Line Easement and all utility lines and other facilities located <br />therein. <br /> <br />8. Existing Drainage Easement. Nothing herein shall affect the Existing Drainage <br />Easement which shall continue in full force and effect. La Porte shall continue to have all rights <br />under the Existing Drainage Easement and all utility lines and other facilities located therein. <br /> <br />9. Term of this Agreement. This term of this Letter Agreement shall commence <br />upon the execution hereof and shall continue in full force and effect until performance of all <br />obligations of the parties hereunder; provided, however, if (i) Lawrence does not approve of the <br />title to the Lift Station Site as evidenced by the Title Report, (ii) the approval of this Letter <br />Agreement by the City Council of La Porte has not occurred within sixty (60) days after the date <br />hereof (or such later date as may be agreed to in writing by the parties), or (iii) the approval of <br />the Utility Plans by the Planning Department of the City of La Porte and issuance of a building <br />permit for the Alternate Facilities has not occurred within sixty (60) days after the submission of <br />such plans by Lawrence (or such later date as may be agreed to in writing by the parties), at the <br />option of Lawrence, upon written notice to La Porte, this Letter Agreement shall terminate and <br />the parties hereto shall be released and relieved of further liability or obligation hereunder. <br /> <br />La Porte represents and warrants that it has all requisite power and authority to execute <br />this Letter Agreement and perform its obligations hereunder and has received all consents and <br />approvals of its City Council and other governmental agencies necessary to perform its <br />obligations hereunder. Lawrence represents and warrants that he has received all consents and <br />approvals of third parties necessary to perform his obligations hereunder subject, however, to <br />obtaining necessary permits for the construction and installation of the Alternate Facilities. <br /> <br />This Letter Agreement constitutes the entire agreement between Lawrence and La Porte <br />regarding the subject matter hereof. No prior or contemporaneous oral promises or <br />representations shall be binding. <br /> <br />This Letter Agreement shall be amended only by the written instrument signed by both <br />parties hereto. This Letter Agreement shall be binding upon and inure to the benefit of the <br />respective successors and assigns of the parties hereto. This Letter Agreement may be executed <br /> <br />HOU:2702631.7 <br />