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I. <br />City: covenants <br />agrees and guarantees that during ahe term of this <br />Agreements provided below, and subject to 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 the same covers the Land belonging to Company and :its <br />assigns, unless and until the .status of said Land, or a.:portibn:or <br />portions theregf as an industrial district may. :be changed..:. <br />pursuant to the terms of this Agreement. Subject: to the foregoing <br />and to:thi later provisions of this.:Agreement,:City does further <br />covenant, agree and guarantee' that such industrial district, .to <br />t 6 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 hereina-ft.er <br />provided] aril 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 />inspect -ion code or codes; -:or: (,c) attempti-ng to,'"exerc' se in any <br />manner whatever control, over the conduct of business thereon; <br />provided, however,,. 1) any. portion of Land .constitut.ing -a strip of <br />land: 1p0' wide and contiguous to either Fairmont.ParkrTay, State <br />Highway 2.25, or State. Highway 146, shall -be subject to the rules <br />and regulations attached hereto as Exhibit "C" and made :a part <br />hereof, 2) intermodal shipping :containers (including but <br />limited to freight and tank 'containers) placed on Land. belonging.. <br />to Company.shall:be permitted to be stacked only two containers in <br />height, within the 100' wide ortiori of Com an <br />P p y's Land contiguous <br />to etYier Fairmont Parkway; State Highway. 2.25, or State Highway <br />14.6; beyond :sa:id 100' wide strip, intermodal shipping containers. <br />shall be eligible to be stacked one additional container`in height <br />within. and for each.successive 1.00' wide portion .of Company's :.Land <br />behind 'arid following the preceding 100': wide strip; up 'to a <br />maximum of six. containers in height, regardless of distance from: <br />Fairmont Parkway, State Highway 225,-or State Highway 146 and:.3) <br />it is agreed that City shall have the right. to institute .:or <br />intervene in any administrative and%gr judicial .:'proceeding <br />authd.kized by :the. Texas Water Code, the Texas Clean _Air Act, the-..: <br />Texas Health & Safety Code, or. other federal or state <br />environmental laws, rules or regulations, to the Game extent and <br />to the same intent and effect: as if all.. Land covered by this. <br />Agreement were not subject to .the Agreement. <br />In the event' that any portion of the Land. has heretofore been <br />annexed by..Cit'y, 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 Propert. y Tax Code (S : B . 621, Acts of <br />the. 65th Texas. Legislature, Regular Session, 1979, as. amended); <br />the appraised value for tax purposes �of the annexed portion of: <br />Laiid; improvements, and tangible personal property shall be <br />2 <br />