Declaration of Covenants and Easements by TCDC of La Porte, Inc.

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. . e e . . restore the surface of the Water Line Easement Tract and any paving thereon to substantially the same condition as existed prior to the commencement of such work. E. The City agrees to construct the water line within the easement described in the Water Line Easement Tract. The cost of constructing said water line shall be borne by the owners of Parcels 1, 2 and 3, respectively, in amounts to be determined by multiplying the cost of constructing such water line by a ratio the numerator of which is the number of square feet of the respective owner's parcel and the denominator of which is the sum of the number of square feet of Parcels 1, 2 and 3. The City shall be responsible for the repair and maintenance of the water line constructed pursuant to this Paragraph F. Any owner of a parcel benefitted by the easements created by this Section III shall have the right, in the event the City fails to maintain or repair the water line, to effect such mainte- nance or repair, and shall be entitled to be reimbursed for the cost of such maintenance or repair by the City. IV. Extension of Water Line A. The Owner of Parcel 1 agrees to use its best efforts to cause the water line located in Underwood Road to be extended to the southwest corner of Parcel 1, which is a point approximately 1.2 miles north of the present northerly terminus of such water line. B. Subject to the provisions of Sections IX and XI hereof, each of the owners of Parcel 2 and Parcel 3 who choose to utilize and tie into the water line extended from Underwood Road severally agree, within ten (10) days after request there- for by the Owner of Parcel 1, accompanied by appropriate sup- porting data, to reimburse the Owner of Parcel 1 for all costs and out-of-pocket expenses incurred by the Owner of Parcel 1 in connection with the extension of said water line including, without limitation, all costs and expenses of obtaining any -6-