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<br />the city, which shall be fully credited by the city to <br />the total cash consideration hereunder; in the event that <br />owners are unable to secure permits from TCEQ and the <br />other governmental agencies and utilities having <br />jurisdiction over the property, the city shall refund <br />said deposit to owners, less Twenty-five Thousand Dollar <br />($25,000.00) thereof, to reimburse city for its <br />administrative costs hereunder; and <br />B. the balance of the consideration shall be paid by Owners <br />to the city of La porte, as hereinafter provided; <br />and in further consideration of the mutual agreements herein set <br />forth, Owners and City agree as follows: <br />1. Owners shall, at their sole cost and expense, with the <br />prior written approval of City, engage the services of an engineer <br />/ surveyor with experience in railroad track design and <br />construction matters, to prepare a survey plat, and metes and <br />bounds description, with the survey plat showing the location of <br />the proposed railroad spur, in accordance with Exhibit IIA-l", to <br />the Lease AgreemelJ,t attached to this Agreement as Exhibit "AII, and <br />the portion thereof connecting to a rail easement in the right-of- <br />way of North "Hn street. Upon receipt and approval of said plat <br />and metes and bounds description, City, as Landlord, agrees to give <br />notice to the Tenant under said Lease Agreement, exercising the <br />option hereinabove described. Owners agree to reimburse and save <br />and hold harmless City for the loss in rental, and any other claims <br />for reimbursement and damages, by Tenant under said Lease <br />Agreement, as a result of the exercise of said option by city. <br />Prior to the exercise of said option by city, Owners and city shall <br /> <br />3 <br />