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<br />MAY-lO-200? THU 11:49 AM
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<br />F A.X NO.
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<br />1'. Uj
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<br />I.
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<br />City covenants, agrees and guarantees that during the term of this
<br />Agreement, provided below, and subject to the terms a.nd provisions
<br />of this Agreement, said District shall oontinue to retain its
<br />extraterritorial status as an industrial district, at least to the
<br />extent that the same coverS t.he Land belonging to Company and its
<br />assigns, unless and until the status of said Land, or a portion or
<br />portions the~eof, as an industrial district may be changed pursuant
<br />to the terms of thia Agreement. Subject to the foxegoing and to
<br />the later provisions of this Agreement, city 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 cor?orate limits of City, shall be immune from
<br />annexation by C1ty during the term hereof (e~cept 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 />he~etofore 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, plumbing or inspection
<br />code or codes, or (0) attempting to exerci~e in any manne~ whatever
<br />control over the conduct of business thereon; 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 rules and regulations attached
<br />hereto as l!:xhibit .CII and made a part hereof; and provided,
<br />however, it is agreed that City soall have 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 othe~ federal or atate environmental
<br />laws, rules or ~egulations, to the same extent and to the same
<br />intent and effect as if a.ll 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 tha.t any portion of the Land haa heretofore been
<br />annexed by City, Company agrees to render 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 the terms of the ~exas Proper~y Tax Code (S.E. 621, Acts ot
<br />the 65th Texas Legislature, Regular Session, 1979, as amended), the
<br />appraised value for tax purposes of the annexed portion of Land,
<br />improvements, and tangible personal property shall be determined by
<br />the Harris County Appraisal District. The parties hereto recognize
<br />that said APvraisal District has no authority to appraise the Land,
<br />improvements, and tangible personal property in the unannexed area
<br />for the purpose of computing the "in lieu. pa~ents hereunder.
<br />Therefore I the parties agree that the appraisal of the Land,
<br />improvements, and tangible personal property in the unannexea area
<br />shall be conduoted by City, at City'S expense, by an independent
<br />appraiser of City's seleotion. The pa:r:ties. recognize that in
<br />making such appraisal for win lieu" payment purposes, such
<br />appraiser must of necessity appraise the entire (annexed and
<br />unannexed) Land, improvements; ana tangible pe~sonal property.
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