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WHEREAS, pursuant to the aforesaid Ordinance, the City has received from Downtown
<br />Investment Group (hereinafter referred to as "DIG" or "Developer"), a Texas Limited Partnership
<br />created pursuant to the laws of the State of Texas, a letter dated July 3, 2003, requesting
<br />participation by the City in the extension of an alternative sewer collector to provide alternative
<br />sewer service to the Developer's property located at 33 East Plaza, Paris, Texas, (hereinafter
<br />referred to as the "Property"), said Property being located in the City's Downtown Historical
<br />District; and,
<br />
<br /> WHEREAS, pursuant to the Ordinance, the City Engineer has reviewed the request by the
<br />Developer, and has found and determined and certified that the conditions set out in Section 10
<br />(b) 2 of the Ordinance exist with regard to the Property, the same being that (1) the private sewer
<br />service line leading from the property to a City Sewer Collector has collapsed or is no longer
<br />functioning, through no fault of the owner, and (2) because of its location adjacent to other
<br />structures, repair or replacement of said private sewer line is no longer engineeringly feasible and
<br />is financially impractical; and,
<br />
<br /> WHEREAS, based on the aforesaid certification by the City Engineer, and upon review
<br />by the City Council thereof, the City Council has determined that the property is qualified to
<br />participate in the program established by the Ordinance and that the City has funds available to
<br />extend the alternative sewer collector; and,
<br />
<br /> WHEREAS, in accordance with said Ordinance, the City and the Developer desire to enter
<br />into this Agreement (hereinafter referred to as the "Agreement") to establish each party's
<br />obligations with regard to construction of the alternative sewer collector; NOW, THEREFORE,
<br />
<br /> FOR AND CONSIDERATION OF THESE PREMISES, the parties hereto, the same
<br />being the City of Paris, Texas, whose offices are located at 135 First St. S.E., Paris, Texas 75460,
<br />and DIG, whose offices are located at 33 E. Plaza, Paris, Texas 75460, covenant and agree as
<br />follows:
<br />
<br />I. The City agrees:
<br />
<br /> A. That it will cause the construction of an alternative sewer collector line from 1st St.
<br /> S.E. and Clarksville West to the Property, said sewer collector line to be 8 inch
<br /> diameter in size, and to be constructed in accordance with City specifications and
<br /> all appropriate City Codes.
<br />
<br /> B. The City shall track and tabulate all costs associated with said construction, said
<br /> costs to include, but not be limited to, all costs of construction, materials, labor,
<br /> right-of-way, and any and all other costs associated with said construction.
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