O-1999-2259 - Laserfiche WebLink

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. e 1. A. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subj ect to the terms and provisions of this Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, or to be disanne~ed from the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that said land shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City and not subject to the Agreement. B. Company agrees that it will not, during the term of this Agreement, use or seek legislative or regulatory approval to use, nor allow any other person to use or seek legislative or regulatory approval to use, any portion of the tract(s) of land described above as any part of a commercial hazardous waste management facility, as defined in Chapter 296, Acts of the 72nd Legislature (1991). Company further agrees that it will, within thirty days after execution of this Agreement, place a deed restriction on the tract(s) of land described above prohibiting the use of any portion of such tract(s) as any part of a commercial hazardous waste management facility. Company hereby agrees that in any suit by City for breach of any provision of this paragraph, City may seek and, should it prevail it shall be entitled to, specific performance of this provision of this paragraph. II. A. On or before April 15, 1999, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2009, Company shall provide City with a written description of its land and all improvements and tangible personal property located on the land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition 2