04-23-18 Regular Meeting of the La Porte City Council

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AMENDED AND RESTATED UTILITY AGREEMENT THIS AMENDED AND RESTATED UTILITY AGREEMENT Agreement') is made and entered into as of April 9, 2018, by THE CITY OF LA PORTE, TEXAS (the "City"), a home rule municipality in Harris County, Texas, acting by and through its governing body the City Council of La Porte Texas; and BEAZER HOMES TEXAS, L.P.., a Delaware limited partnership on behalf of proposed Harris County Municipal Utility District No. 561. RECITALS The City and Developer entered into a Utility Agreement dated December 11, 2017 (the , when Developer was under contract to purchase approximately 234.686 acres of land in Harris County, Texas, as described therein Developer desires to develop a quality master-planned single-family and multi-family residential community with senior living facilities and supporting commercial uses within the Tract. The Tract is located within the corporate boundaries of the City. Developer intends to create Harris County Municipal Utility District No. 561 within the City's corporate limits for the purposes of, among other matters, providing water distribution, wastewater collection, and storm sewer and drainage, recreational and road facilities to serve development occurring within the District. The District will contain the Tract. The City is a municipal corporation and is operating under the home rule municipality laws of the State of Texas. The City has the power under the laws of the State of Texas to acquire, own, and operate a water and sanitary sewer system and works and improvements necessary for the drainage of the lands in the City. The City also has the authority to contract with a district organized under the authority of Article XVI, Section 59, of the Constitution of Texas, whereby the District will acquire or construct for the City (i) water distribution systems and sanitary sewer collection to connect to the water supply or treatment systems and (ii) improvements necessary for the drainage of lands in the City. The City and Developer on behalf of the District may enter into an agreement under the terms of which the District will acquire for the benefit of and conveyance to the City the water distribution, wastewater collection, and storm sewer facilities needed to serve lands being developed within the boundaries of the District. The City and Developer have determined that they are authorized by the Constitution and laws of the State of Texas to enter into this Agreement and have further determined that the terms, provisions, and conditions hereof are mutually fair and advantageous to each. After acquisition of the Original Acreage, the survey was updated and provides for a slight revision in the metes and bounds description and the total acreage. The updated metes and bounds 1523976476x_at.docx