O-2021-3824 to revise 2012 ETJ exchange agreement between the City of La Porte and City of Pasadena

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unless otherwise mutually agreed to in writing by the parties. The initiation of the construction of the Drainage Improvements shall be subject to and contingent upon the completion of all studies, investigations and assessments, and all governmental permits and approvals, including any environmental and drainage approvals, and their final acceptance by City of Pasadena. b) Pasadena agrees to delegate to La Porte full authority to acquire the necessary studies, investigations and assessments, as well as all governmental permits and approvals, including any environmental and drainage approvals, for construction of the Drainage Improvements by Pasadena. La Porte may hire outside consultants and engineers for such purposes. Pasadena will pay for all necessary costs, fees and expenses required in performing the tasks outlined in this paragraph, up to the budgeted amount approved by Pasadena for this phase of the project. All invoices for these services will be paid by the City of Pasadena directly to the vendor and all invoices for these services are to indicate the City of Pasadena as the customer of the vendor. Pasadena agrees to pay said invoices after necessary approvals, within thirty (30) days from the date of delivery of applicable invoices to the City of Pasadena. c) After all studies, investigations, assessments, and governmental permits/approvals are completed and/or acquired by La Porte for use by Pasadena, Pasadena agrees that La Porte will have authority to award a contract to an engineering firm to design the Drainage Improvements, for Pasadena's use and benefit in constructing the Drainage Improvements. Final designs and engineered drawings for the Drainage Improvements provided by the engineering firm and approved by La Porte, shall be consistent with construction of the 100 acre feet storm water detention facility as agreed to by the parties hereto as set out in Exhibit C, and be submitted to Pasadena for review and comment, and its final approval. Pasadena's review and comment of the submitted final design and engineered drawings shall be completed and returned to La Porte no later than thirty (30) days after receipt by Pasadena unless otherwise mutually agreed to by the parties. Unless inconsistent with the terms provided herein, failure of Pasadena to return the submitted final design and engineered drawings with comments and/or proposed changes to La Porte by said thirty (30) day deadline with proposed comments or changes shall be deemed acceptance of such final design and engineered drawings by Pasadena. In the instance that Pasadena proposes changes or amendments to the design and engineered drawings for the project, if not initially accepted by La Porte then representatives of La Porte and Pasadena agree to meet and negotiate a final design plan acceptable to Pasadena and La Porte. La Porte agrees that it will not unreasonably reject proposed changes to design plans made by Pasadena. Pasadena will pay for the cost of hiring an engineering firm for the design of the Drainage Improvements, up to the budgeted amount approved by Pasadena for this phase of the project with such payment made pursuant to all required approval and authorization by the City of Pasadena. All invoices for these services will be paid by the City of Pasadena directly to the vendor and all invoices for these services are to indicate the City of Pasadena as the customer of the vendor. Pasadena agrees to pay after necessary approvals, within thirty (30) days from the date of delivery of the invoice to the City of Pasadena. d) After final approval by Pasadena of the final design and engineered drawings for the Drainage Improvements, Pasadena agrees to prepare the construction phase of the 2