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AMENDED REIMBURSEMENT AGREEMENT
<br />This Amended Reimbursement Agreement ("Agreement") is made and entered into and effective this 21st
<br />day of October, 2014, 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 77210-4324, and City of San Marcos, Texas, (hereinafter referred to as "CITY")
<br />WITNESSETH:
<br />WHEREAS, the parties entered into that certain Reimbursement Agreement on or about October 25,
<br />2013, wherein CITY advanced the sum of FIFTY THOUSAND DOLLARS ($50,000) to ENTERPRISE for
<br />work to be performed;
<br />WHEREAS, the scope of the work to be perfonned in the October 25, 2013, Reimbursement
<br />Agreement has increased in scope and the parties hereby desire to enter into this Amended. Reimbursement
<br />Agreement and agree to the following:
<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 Tumiric 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 />1.929 and recorded February 28, 1.936 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 437 feet of new 4 inch pipe, abandonment of
<br />350 feet and removal of approximately 65 feet of existing 4 inch pipe, and the installation of 4 inch stopple
<br />fittings to accommodate 144 feet of 2 inch pipe to bypass and isolate the pipeline during tie-in work for the
<br />connection of the new pipe segment.
<br />WHEREAS, ENTERPRISE, under the terms hereinafter stated, has evaluated the PROJECT and is
<br />willing to perforin the WORK to accommodate the PROJECT, provided that CITY pays ENTERPRISE the
<br />total sum of SEVEN HUNDRED THIRTY FIVE THOUSAND DOLLARS ($735,000);
<br />WHEREAS, except for the requirements of Paragraph 4, 6, 7, and I I below, ENTERPRISE agrees
<br />CITY shall not be responsible for any labor, materials, fees, expenses, or costs in excess of SEVEN
<br />HUNDRED TI -ARTY FIVE THOUSAND DOLLARS ($735,000) for the WORK;
<br />WHEREAS, CITY agrees the FIFTY THOUSAND DOLLARS ($50,000) advanced to ENTERPRISE
<br />per the October 25, 2013 Reimbursement Agreement is non - refundable;
<br />a13323 city of san marcos exec reimb agrmt rev I c,duc Page I of 3 10/14JI4
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