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I.
<br />City covenants, agrees and guarantees that during the term of this
<br />Agreement, 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 that the same covers the Land belonging to Company and its
<br />assigns, unless and until the status of said Land, or 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 />covenant, agree and 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, 1) any portion of Land constituting a strip of
<br />land 100' wide and contiguous to either Fairmont Parkway, State
<br />Highway 225, 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 not
<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 portion of Company's Land contiguous
<br />to either Fairmont Parkway, State Highway 225, or State Highway
<br />146; beyond said 100' wide strip, intermodal shipping containers
<br />shall be eligible to be stacked one additional container in height
<br />within and for each successive 100' wide portion of Company's Land
<br />behind and 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/or judicial proceeding
<br />authorized 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 same 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 />II.
<br />In the event that any portion of the Land has 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.
<br />Under the terms of the Texas Property 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 />Land, improvements, and tangible personal property shall be
<br />2
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