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<br />STATE OF TEXAS S <br /> <br />COUNTYOFHA~S S <br /> <br />CITY OF LA PORTE <br />WATER SERVICE AGREEMENT <br /> <br />This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a <br />municipal corporation of Harris County, Texas, hereinafter called "CITY", and BAYPORT <br />NORTH. LLC. hereinafter called "COMPANY". <br /> <br />I. <br /> <br />COMPANY is the owner of certain real property which is situated within the CITY'S <br />Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY <br />and COMPANY are parties to a current Industrial District Agreement. <br /> <br />II. <br /> <br />COMPANY is desirous of purchasing potable water from CITY for usual human domestic <br />uses. Previous planning considerations for the long-range potable water supply of CITY did not <br />include the needs of properties located outside the corporate limits of CITY. COMPANY <br />recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY <br />agrees, however, to provide limited potable water service to COMPANY. For and in consideration <br />offumishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: <br /> <br />III. <br /> <br />COMPANY has made certain representations to CITY as to the number of employees that <br />will be located at the COMPANY'S property as of the date of this agreement, upon which <br />representations CITY has relied in entering into this Agreement. <br /> <br />Upon review of these representations, the City has determined the following: <br /> <br />Number of Full-Time Employees on site <br /> <br />35 <br /> <br />+ Number of Full-Time Contract Employees on site <br /> <br />o <br /> <br />= Total On-Site Full-Time Employees <br /> <br />35 <br /> <br />Potable Water Approved for Domestic Use <br />(Total on-site Employees times 50 gpd per employee) <br /> <br />53,375 <br /> <br />Total Amount of Potable Water Approved for <br />COMPANY (Average Daily Volume, gpd) <br /> <br />53.375 <br />