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REIMBURSEMENT AGREEMENT
<br />This Reimbursement Agreement ( "Agreement ") is made and entered into and effective this
<br />2.5 day of QC2T I�F72 . 2013, by and between ENTERPRISE TEXAS PIPELINE LLC, a
<br />Texas limited liability company, (hereinafter referred to as "ENTERPRISE" whose mailing address is P.O.
<br />Box 4324, Houston, Texas 772 1 0 -4324, and City of San Marcos, Texas, (hereinafter referred to as "CITY ")
<br />WITNESSETH:
<br />WHEREAS, ENTERPRISE is the owner of certain pipelines and appurtenances, (herein called
<br />Facilities) and the right for future Facilities covering lands out of Hays County, Texas, and by virtue of deeds ,
<br />(hereinafter referred to as "FEE PROPERTY ") as follows:
<br />Correction Deed between Santiago Turnine and Southern Gas Utilities, Inc. dated`February 3,
<br />1938 and recorded February 8, 1938 in Volume 116, page 170 of the Deed Records of Hays
<br />County, Texas; and
<br />Right of Way Deed from Santiago Turnine to Southern Gas Utilities, Inc. dated November 12,
<br />1929 and recorded February 28, 1936 in Volume 102, Page 539 of the Deed Records of Hays
<br />County, Texas (hereinafter referred to collectively as "Deed "), and
<br />WHEREAS, CITY is developing the Willow Springs Creek Drainage Improvements Project as shown
<br />on plans submitted to ENTERPRISE, (hereinafter referred to as the "PROJECT "), and ENTERPRISE desires
<br />to lower its pipeline from this location by adjusting its pipeline to a mutually agreeable elevation located in
<br />Hays County, Texas (hereinafter referred to as the "WORK ");
<br />WHEREAS, to accommodate the PROJECT, CITY desires ENTERPRISE to perform certain facility
<br />modification work herein referred to as the "WORK ", and described as adjusting existing 4 inch high pressure
<br />natural gas pipeline to a new elevation to allow the development of the PROJECT. Additionally, the WORK
<br />by ENTERPRISE will include the installation of approximately 260 feet of new 4 inch pipe, abandonment and
<br />removal of approximately 260 feet of existing 4 inch pipe, and the installation of 4 inch stopple fittings to
<br />bypass and isolated the pipeline during tie -in work for the connection of the new pipe segment.
<br />WHEREAS, ENTERPRISE, under the terms hereinafter stated, has evaluated the PROJECT and is
<br />willing to perform certan modification WORK to its Facilities to accommodate the PROJECT, provided that
<br />CITY reimburses ENTERPRISE for 100% of its actual costs, both direct and indirect, of doing the WORK.
<br />MOW, THEREFORE, in consideration of the promises and mutual covenants herein contained,
<br />ENTERPRISE agrees to perform the WORK and permit the PROJECT subject to the following terms and
<br />provisions:
<br />1. CITY' agrees that the description of the WORK contains a complete representation of the WORK
<br />requested of ENTERPRISE to accommodate the PROJECT.
<br />2. CITY may, at its own expense, inspect the WORK by ENTERPRISE hereunder, to assure itself that
<br />the WORK is being performed in compliance with the needs of CITY.
<br />3. CITY agrees to bear direct and indirect costs incurred by ENTERPRISE and relating to the WORK by
<br />ENTERPRISE hereunder, including, but not limited to, labor, materials, construction damages,
<br />administrative overhead, taxes and legal fees relating to the engineering and modification of the
<br />Facilities to accommodate the PROJECT as outlined below. CITY recognizes that ENTERPRISE
<br />enterprise reimbursement agreement 10 -17 -13 city edit.doc Page I of 4 10/24/2013 1:09:00 PM
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