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.... -. e e UTILITY EXTENSION AGREEMENT (Owner Funded Extension) THE STATE OF TEXAS: COUNTY OF HARRIS: This agreemen~ made 1his ~ rpI- day of J d.JlllI1 rt . 2003, by and between the City of La Porte, herein called "City", acting herein through its City Manager and Houston Polymers Terminal, LP., a corporation, hereinafter called "Owner", WITNESSETH 1. All references to "Utility Main(s)" hereunder shall, for the purposes of this agreement, shall refer to the extension of an 8-inch potable water line and related appurtenances as per plans and specifications prepared by ATR Engineering, Dated 09/05/01 (CLP Project No. 2002-7601) and as generally illustrated on Exhibit "A" attached hereto and made part of herein. 2. Owner is the owner of certain property in the City of La Porte, Harris County, Texas, identified as 69.9934 Acres of the Enoch Brinson Survey, A-5, Harris County, Texas. City's utility main(s) presently do not extend to Owner's said property. Owner has requested the extension of City's utility main(s) to selVe Owners said property. 3, City hereby agrees to the construction and installation of an extension of its utility main(s) to said property commencing at the nearest existing utility main(s) of sufficient size and capacity. Thence along/through public rights-of-way and/or easements to and through said Owner's property. Provided, however, that City should not possess all necessary rights-of-way and/or easements to complete said extension(s), Owner shall be solely responsible for obtaining said additional rights-of-way and/or easements at no cost to City on City approved fonns, All pennits and approvals required by entities with jurisdiction shall be secured prior to construction.