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<br /> <br />THE STATE OF TEXAS § <br />§ <br />COUNTY OF HARRIS § <br />This Agreement made and entered into by and between the CITY OF <br />LA PORTE, a municipal corporation, of Harris County, Texas, hereinafter <br />referred to as "CITY," and FAIRMONT PLAZA JOINT VENTURE, a Texas general <br />partnership, acting herein by and through its Managing Venturer, <br />WALKER L. NICHOLS, JR., hereinafter referred to as "FAIRMONT," <br />W I T N E S S E T H: <br />I. <br />WALKER L. NICHOLS, JR., TRUSTEE, is the owner of Block 1097 and <br />Block 1098, Town of La Porte, Harris County, Texas. FAIRMONT has <br />heretofore filed a petition with CITY to vacate, close and abandon <br />the alley in Block 1097, and the right-of-way of 12th Street, from the <br />South right-of-way line of Fairmont Parkway to the North right-of-way <br />line of West "K" Street. The CITY OF LA PORTE has an existing thirty- <br />six inch (36") sanitary sewer main in the said right-of-way of South <br />12th Street. CITY is willing to pass ordinances vacating said alley, <br />and vacating said portion of said street right-of-way, upon the <br />terms and conditions of this Agreement, and in consideration thereof. <br />II. <br />CITY shall be responsible for the cost of relocation of such <br />thirty-six inch (36") sanitary sewer main and associated facilities, <br />from its present location in the 12th Street right-of-way, to a new <br />location in the 14th Street right-of-way from Fairmont Parkway to <br />West "K" Street. The relocated sanitary sewer main shall be installed <br />by the earliest to occur of (1) completion and occupancy of Fairmont <br />Plaza Shopping Center, or (2) within eighteen (18) months from the <br />date hereof, at a depth and grade to be established by the CITY'S <br />consulting engineers. All materials shall meet or exceed the specifi- <br />cations established by the CITY'S consulting engineers. Plans and <br />specifications for the proposed relocation of the thirty-six inch <br />(36") sanitary sewer main, shall be prepared by the CITY'S consulting <br />engineers. <br />