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<br />e <br /> <br />- <br /> <br />I <br /> <br /> <br />I! <br /> <br />AGREEMENT <br /> <br />THE STATE OF TEXAS X <br />X <br />COUNTY OF HARRIS X <br /> <br />This Agreement, made and entered into by and between the <br /> <br />CITY OF LA PORTE, Texas, a municipal corporation, hereinafter <br /> <br />called "CITY;" and O'MEARA-RUSH, a joint venture, of Harris <br /> <br />County, Texas, hereinafter called "OWNER,II <br /> <br />WIT N E SSE T H: <br /> <br />I. <br /> <br />For and in consideration of the sums hereinafter agreed to <br /> <br />be paid by OWNER to CITY, and in further consideration of the <br /> <br />mutual covenants herein contained, the Parties hereto make the <br /> <br />following agreement concerning the furnishing of water and sewer <br /> <br />services to the lO.6l4-acre tract, hereinafter referred to as <br /> <br />the IISUBJECT TRACT, II owned by OWNER, more particularly described <br /> <br />on the map or plat which is attached hereto as IIExhibit A,II <br /> <br />incorporated by reference herein, and made a part hereof for all <br /> <br />purposes. <br /> <br />II. <br /> <br />CITY's water and sewer service does not presently extend to <br /> <br />the subject property. OWNER has requested CITY to extend water <br /> <br />service to the northeast intersection of South "RII Street and <br /> <br />Old State Highway No. 146, such service to consist of an 811 water <br /> <br />line, which CITY agrees to extend and furnish, commencing con- <br /> <br />struction of same at such time as OWNER takes out its building <br /> <br />permit for an apartment project on the SUBJECT PROPERTY, and <br /> <br />pays all applicable fees hereunder to CITY. <br /> <br />III. <br /> <br />OWNER hereby agrees to install and construct a water and <br /> <br />sewer distribution and collection system within the SUBJECT <br /> <br />PROPERTY, and to install a 611 water main at its sole expense, <br /> <br />from the east right-of-way line of Old State Highway 146, where <br /> <br />the same intersects with the north right-of-way line of South IIRII <br /> <br />Street, to the location of the master water meter, as shown on <br />