Container Maintenance Service, Inc. Utility Extension Agreement

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..,1 ." ,~I UTIL. EXTEN. AGREEINT (for privately-funded extensions), Page 2 e (2) Owner is the lessee of certain property in the City of La Porte, Harris County, Texas, owned by Port of Houston Authority, and identified as: 4.8209 Acres being Blocks 975 and Block 974, Town of La Porte, Johnson Hunter Survey, A-35, Harris County, Texas, together with the vacated street right-of-way between said blocks. City's utility mains do not presently extend to said property. Owner has requested City to extend utility mains to Owner's said property. ------------------------------------------------------------------ . For utility extensions not involving City funds >> (3) City hereby agrees to the construction and installation of an extension of its utility main(s) to said property commencing at the nearest exist ing utility ma in (s) of suffic ient size and capacity, thence along/thru City of La Porte rights of way and/or easements to said Owner's property, provided, however, that should City 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. Such extension(s) shall be of sufficient size and capacity to serve all existing developed property to be served by the new extension(s). City shall be the final authority in determining sufficiency of the size and capacity of the extension (s) .' (4) Owner agrees to pay all fees for right of way or easement acquisition, surveying, engineering, preparation of contract documents, soils investigations, permits, bidding, construction staking, construction administration and inspection, materials testing and preparation of record drawings. Owner further agrees to pay all costs related to the construction and installation of said line(s) including necessary appurtenances in conformance with City's standards and specifications for said extension(s).