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<br />AGREEMENT <br /> <br />THE STATE OF TEXAS 9 <br />9 <br />COUNTY OF HARRIS 9 <br /> <br />This Agreement is made and entered into by and between Harris County, a body <br />corporate and politic under the laws of the State of Texas, hereinafter called "County," and the <br />City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter <br />called "City"; <br /> <br />RECITALS: <br /> <br />1. The County intends to construct Sens Road (2773302) from North of Spencer Highway <br />to S.H. 225 as a four lane reinforced concrete curb and gutter roadway with a continuous turn <br />lane (fifth lane), and all necessary appurtenances, hereinafter called the "Project." <br /> <br />2. The City desires that a pedestrian pathway and related appurtenances, hereinafter called <br />the "City Improvements", be constructed as part of the Project. <br /> <br />3. The County is willing to construct the City Improvements as part of the Project if the City <br />will contribute all costs attributable to the City Improvements, including but not limited to costs <br />of engineering and related support services, construction, construction support services, and <br />materials testing, hereinafter the "City Contribution." <br /> <br />NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits <br />to the parties herein named, it is agreed as follows: <br /> <br />TERMS: <br /> <br />1. Upon execution of this Agreement, the County shall endeavor to prepare, or cause to be <br />prepared, plans, specifications, and estimates (PS&E) for the Project, including the City <br />Improvements, and submit copies of same to the City for written approval by the Mayor of the <br />City, or his designee. <br /> <br />2. The County shall undertake to acqUire all right-of-way necessary for the Project by <br />purchase, gift, donation or exercise of the power of eminent domain and accomplish <br />relocation/adjustment/modifications to any utilities or pipelines not owned by the City. If the <br />County fails to accomplish such right-of-way and entry rights and <br />relocation/adjustment/modifications to any utilities or pipelines, the City's sole remedy shall be <br />to terminate this Agreement as provided below. Within sixty (60) days of acquisition by the <br />County of all right-of-way or entry rights necessary for the Project, accomplishment of <br /> <br />J :\ADMIN\NHudsonlAgreements 201 0\SensRd-LaPorte-9-28-1 Om(2)DCW- Final. DOC <br />