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• <br />i <br />(3) City hereby agrees to construct and install an extension <br />of its utility main(s) to said property commencing at the nearest <br />existing utility main(s) of sufficient size and capacity. Thence <br />along/thru City of La Porte rights-of-way and/or easements to said <br />Owner's property: Provided, however, that should City not possess <br />all necessary rights-of-way and/or easernents~to complete said <br />extension(s), Owner shall be solely responsible for obtaining said <br />additional rights-of-way and/or easements at no cost to City. <br />(4) Owner agrees to pay all costs related to the construc- <br />tion and .installation of said line(s) including necessary appur- <br />tenances in conformance with City's standards and specifications <br />for said line(s). Owner further agrees to pay all engineering <br />fees for survey, design, contract documents, bidding, construction <br />staking, and construction inspection. <br />(5) Subject to the provisions of this agreement, City hereby <br />agrees to construct and install said extension of its utility <br />main(s) according to the plans and specifications to be prepared <br />by City's engineer. Prior to City authorizing the City's engineer <br />to prepare plans and specifications Owner will deposit with City <br />in escrow a sum of money based on and equal to the City engineer's <br />estimated project cost in conformance with Section 4, less esti- <br />mated construction, construction staking and inspection costs. <br />Thereafter, City will authorize the City engineer to prepare plans <br />and specifications for said extension(s). Upon completion of plans <br />and specifications City will place the project for bid. When bids <br />are received they shall be tabulated by the City and a copy of <br />said tabulation shall be provided to Owner. Thereaf ter, Owner <br />shall deposit with City in escrow a sum equal to the amount bid <br />by the lowest responsible chosen bidder, plus a sum equal to the <br />estimated construction staking and inspection fees if applicable. <br />When said deposit has been made by Owner, City shall execute a <br />contract for said extension(s). It is agreed and understood that <br />the deposited escrow amount made by Owner does not relieve Owner <br />from paying for any unforseen costs and/or cost overruns in the <br />project that result from circumstances beyond the control of City. <br />(6)' City agrees to accept the value of the extension(s) that <br />abutt said Owner's property as a pro rata portion of the prevailing <br />square footage and/or front footage connection charge for water <br />and/or sewer service against said property belonging to Owner. <br />Owner shall be responsible for all other customary charges. <br />(7) Upon execution of this agreement and compliance with <br />terms herein, City agrees to begin the preparation of engineering <br />plans and construction specifications for said extension(s), and <br />to begin construction thereof as soon as the same may be let for <br />contract as herein provided. City shall require the contractor <br />under such contract to diligently pursue the construction of the <br />project to completion. -~---- <br />(8) In the event that other owners of property abutting the <br />line(s) extended by Owner under this contract, as shown on the <br />plat attached hereto as Exhibit A and incorporated by reference <br />herein, shall utilize the extended line{s) constructed under this <br />agreement, by making connection thereto under a permit from City <br />.within a period of ten (10) years from and after the date City <br />has accepted the construction of said facilities by the contractor, <br />City agrees to collect from said property owners, its prevailing <br />square footage and/or front footage connection fees from said <br />property owners and to reimburse Owner the amount collected from <br />such property owners, until Owner has been reimbursed a maximum <br />® total of the sum paid by Owner to the City under the terms of .-- <br />this agreement, less Owner's own water and/or sewer square footage <br />and/or front footage connection charges. <br />