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NOW, THEREFOR, in consideration of the premises and the <br />mut~.~.al agreements of the parties contained herein and pursuant to <br />the authority granted under the Municipal Annexation Act and the <br />Ordinances of City referred to above, City and Company hereby <br />agree with each other as follows: <br />I. <br />City covenants, agrees and guarantees that during the tern of this <br />Agreement, provided below, and subject to the terms anal 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, ar a portion or <br />portions thereof, as an industrial district may be changed <br />pursuant to the terms of this Agreement. Subject to the foregoing <br />and to the later provisions of this Agreement, City does further <br />covenar~.t, agree ar.d guarantee that such industrial district, to <br />the extent that it covers said Land lying within said District and <br />not now within the corporate limits of City, shall be immune from <br />annexation by City during the term hereof {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 <br />land, (b) prescribing any building, electrical, plumbing or <br />inspection code or codes, or (c) attempting to exercise in any <br />manner whatever control over the conduct of business thereon; <br />provided, however, any portion of Land constituting a strip of <br />land 140E wide and contiguous to either Fairmont Parkway, State <br />Highway 225, ar State Highway 146, shall be subject to the rules <br />and regulations attached hereto as Exhibit "C" and made a part <br />hereof; az~d pzavided, however, it is agreed that City shall have <br />the right to institute or intervene in any administrative and/or <br />judicial proceeding authorized by the Texas Water Cade, the Texas <br />Clean Air Act, the Texas Health ~ Safety Cade, or other federal ar <br />state environmental laws, rules or regulations, to the same extent <br />and to the same intent and effect as if all Land covered by this <br />Agreement were not subject to the Agreement, <br />II. <br />In the event that any portion of the Land has herete~fore 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. <br />Under the terms of the Texas Property Tax Code (S.B. 621, Acts of <br />the 6Sth Texas Legislature, Regular Session, 19'79, as amended}, <br />the appraised va7.ue for tax purposes of the annexed portion of <br />Land, improvements, and tangible personal property shall be <br />determined by the Harris County Appraisal. District. The parties <br />hereto recognize that said Appraisal District has na authority to <br />appraise the Land, improvements, and tangible personal property in <br />the unannexed area for the purpose of computing the "in lieu" <br />2 <br />