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5. City and Heller acknowledge circumstances might require <br />the City to provide emergency services to He11er's <br />Property described on Exhibit "A" attached hereto. <br />Emergency services are limited to fire, police, and <br />public works emergency services. If Heller is not a <br />member of Channel. Industries Mutual Aid Association <br />(CIMA), Heller agrees to reimburse City for its costs <br />arising out of any emergency response requested by <br />Heller to Heller's property, and to which City agrees <br />to respond. If Heller is a member of LIMA, the <br />obligations of Heller and City shall be governed by the <br />CIMA agreement, to which agreement City is a party. <br />IV. <br />This Agreement shall extend for a period beginning on the 1st day <br />of January, 2009, and continuing thereafter until December 31, <br />2019, unless extended for an additional period or periods of time <br />upon mutual consent of Heller and City as provided by the <br />Municipal Annexation Act; provided, however, that in the event <br />this Agreement is not so extended for an additional period or <br />periods of time on or before August 31, 2019, the agreement of <br />City not to annex property of Heller within the District shall <br />terminate. In that event, City shall have the right to commence <br />immediate annexation proceedings as to all of Heller's property <br />covered by this Agreement, notwithstanding any of the terms and <br />provisions of this Agreement. In addition, if a landowner of <br />property adjacent to Heller's property, declines to extend its <br />Industrial District Agreement for an additional period or periods <br />of time on or before August 31, 2019, the City of La Porte shall <br />have the right to annex a strip or strips of land, over and across <br />Heller's property, with a minimum amount of area to comply with <br />the Texas Municipal Annexation Act, ar successor statute, in order <br />to annex said adjacent property owner's property; provided, <br />however, said partial annexation of Heller's property shall. be <br />without cost or obligation to Heller, and shall not affect <br />Heller's in lieu tax rate, as calculated under Section II1 of this <br />Agreement. <br />Heller agrees that if the Texas Municipal Act, Section 42..044, <br />Texas Local Government Code, is amended after January 1, 1994, or <br />any new legislation is thereafter enacted by the Legislature of <br />the State of Texas which imposes greater restrictions on the right <br />of City to annex land belonging to Heller or imposes further <br />obligations on City in connection therewith after the annexation <br />of such land, Heller will waive the right to require City to <br />comply with any such additional restrictions or obligations and <br />the rights of the parties shall be then determined in accordance <br />with the provisions of said Texas Municipal Annexation Act as the <br />same existed January 1, 1.994. <br />f <br />6 <br />