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<br />City covenants, agrees and guarantees that during the term of this
<br />Agreement, provided below, and subject t:o the terms and provisions
<br />of this Agreement, said District shall continue to retain its
<br />extraterritorial status as.an industrial district, at least to the
<br />extent that the same covers the Land belonging to Company and its
<br />assigns, unless and until the status of said Land, or a portion or
<br />portions thereot", as an industrial district may be changed pursuant
<br />'to the terms of this Agreement. Subjec:t to the foregoing and to
<br />the later provisions of this Agreement, (:ity does further covenant,
<br />agree and guarantee that such industrial district, to the extent
<br />that it covers said Land lying within said District and not now
<br />within the 'corporate limits of City, shall be immune from
<br />annexation by city during the term herE!of (except as hereinafter
<br />provided) and shall have no right to' have extended to it any
<br />services by City, and that all Land, including that which has been
<br />heretofore annexed, shall not have extended to it by ordinance any
<br />rules and regulations (a) governing plats and subdivisions of land,
<br />(b) 'prescribing any building, electrical, p~umbing or inspection
<br />code or codes, or (c) attempting to exerc:ise in any manner whatever
<br />control over the conduct of business tilereon; provided, .however,
<br />any' portion of Land constituting a strip of land 100' wide and
<br />contiguous to either Fairmont Parkway, state Highway 225, or state
<br />Highway 146, shall be subject to the rule!s and regulations attached
<br />hereto as Exhibit "C" and made a part hereof; and provided,
<br />however, it is agreed that City shall helve the right to institute
<br />or intervene in any administrative and/or judicial proceeding
<br />authorized by, the Texas Water Code, the, Texas Clean Air Act, the
<br />Texas Health & Safety Code, or other fedeiral or state environmental
<br />laws, rules or regulations, to the sanle extent and to the same
<br />intent and effect as if all Land covered by this Agreement were not
<br />subject to, the Agreement. '
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<br />II.
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<br />In the event that any portion of the, Land has heretofore been
<br />annexed by city, Company agrees to ren.der and pay full city ad
<br />valorem taxes on such annexed'Land and improvements, and tangible
<br />personal property. .
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<br />Under th~ terms of the T~xas Property Tux C~de (S.B. 621, Acts of
<br />the 65th Texas .Legislature, Regular Sessi.on, 1979, as amended), ~he
<br />appraised value for tax purpo~es of the annexed portion of Land,
<br />improvements, and tangible personal prOpE!rty shall be determined by
<br />the Harris County Appraisal District. The parties hereto recognize
<br />that said Appraisal District has no authority to appr~ise the Land,
<br />improvements, and tangible personal property in the un annexed area
<br />for the purpose of computing the II in lieu II payments hereunder.
<br />Therefore,' the parties agree that thei appraisal of the Land,
<br />improvements, and tangible personal property in the unannexed area
<br />.shall be conducted by city, at city's expense, by an independent
<br />appraiser of city's selection. The parties recognize that in
<br />making such appraisal for "in lieu" payment purposes, such
<br />appraiser must of necessi ty appraise the entire (annexed and
<br />unannexed) Land, improvements, and tangi,ble per~onal property.
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