2007-IDA-111 Two Zero One M Texas

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5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CSMA}, Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2009, and continuing thereafter until December 31, 2019, unless extended for an additional period ar periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. In addition, if a landowner of property adjacent to Company's property, declines to extend its Industrial District Agreement for an additional period or periods of time on or before August 31, 2019, the City of La Porte shall have the right to annex a strip or strips of land, over and across Company`s property, with a minimum amount of area to comply with the Texas Municipal Annexation Act, or successor statute, in order to annex said adjacent property owner's property; provided, however, said partial annexation of Company's property shall be without cost or obligation to Company, and shall not affect Company's in lieu tax rate, as calculated under Section II3. of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. 6