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<br />DRAFT #6 <br /> <br />1 <br /> <br />UTILITY EXTENSION AGREEMENT <br /> <br />THE STATE OF TEXAS: <br /> <br />COUNTY OF HARRIS: <br /> <br />This Development Agreement (this "Agreement") is made as of , 2006 by and between <br />the REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE, TEXAS (the "La Porte Zone''), a tax <br />increment reinvestment zone created by the City pursuant to Chapter 311 of the Texas Tax Code, as amended, acting <br />by and through its governing board of directors (the "Zone Board''), LA PORTE REDEVELOPMENT <br />AUTHORITY, a nonprofit local government corporation formed by and on behalf of the City of La Porte, Texas <br />(the "La Porte Authority ''), and CITY OF LA PORTE, TEXAS, a home-rule city (the "City '') and 65 LA <br />PORTE, LTD., a Texas limited liability partnership (the "Developer ''). <br /> <br />AGREEMENT <br /> <br />1. All references to The Project hereunder shall, for the purposes of this agreement, refer to the Southeast Sanitary <br />Sewer Trunk Main and Lift Station Facilities anticipated by the Preliminary Design Report, T.e. & B. Job No. <br />13-l450l-00l/Dated October 1997 together with any modifications or phased construction approved, in writing, <br />by the City acting as construction manager for the, Zone Board, and La Porte Authority. The Project Engineer <br />shall be the Professional Engineering firm authorized by the City to design the Project. <br /> <br />2. Developer is the owner of certain property in the City of La Porte, Harris County, Texas, identified as Lakes at <br />Fairmont Greens; a Subdivision of 135.4 acres of land Located in the W.P. Harris Survey A-30 and the J. Hunt <br />Survey A-35, City of La Porte, Harris County, Texas. The property is further defined by "Exhibit A" attached <br />hereto and incorporated herein by reference. City's utility main(s) presently do not extend to Developer's said <br />property. Developer has requested the extension of City's utility main(s) identified as the Project to serve <br />Developer's said property. <br /> <br />3. City hereby agrees to the design, construction and installation of the Project to said property commencing at the <br />nearest existing utility main(s) of sufficient size and capacity. Thence along/through public rights-of-way <br />and/or easements to and through said Developer's property. Provided, however, that should City not possess all <br />necessary rights-of-way and/or easements to complete the Project, Developer shall be solely responsible for <br />obtaining said additional rights-of-way and/or easements at no cost to City on City approved forms. <br /> <br />4. City agrees to advance funds to the La Porte Zone and La Porte Authority to pay all costs related to the design, <br />construction and installation or-said Project including necessary appurtenances in conformance with City's <br />standards and specifications for said utility main(s). Costs shall include all engineering fees for survey, design, <br />contract documents, bidding, construction staking, construction inspection, and preparation and submittal of <br />