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City Consent means the resolution or ordinance of the City consenting to the <br />creation of the District. <br />Connrrercial means all non-residential development, except for developments <br />owned by a tax-exempt entity, a non-profit entity or a homeowner or property owner <br />association. <br />Commission means the Texas Commission on Environmental Quality and its <br />successors. <br />Developer means the entity or entities advancing funds to the District for the <br />design and construction of District facilities and for other legal purposes which <br />advances are subject to reimbursement by the District pursuant to the rules of the <br />Commission or other applicable law. <br />Land means the land within the District's boundaries, as those boundaries may <br />be modified from time to time. <br />Person means any individual, partnership, association, firm, trust, estate, public <br />or private corporation, or any other entity whatsoever. <br />Related Agreements means that certain (i) Utility Agreement between the District <br />and the City dated , (ii) Development Agreement between HK Baugh Ranch, <br />LLC, HK Riley's Pointe, LLC, Benchmark Acquisitions, LLC, HK Real Estate <br />Development, LLC, and the City dated and (iii) Consent Agreement <br />governing consent to creation of the District. <br />Sales and Use Tax means the sales and use tax authorized to be imposed in the <br />District by the Act and TEX. TAX CODE, Chapter 321. <br />1.02. Findings and conclusions. The City and the District hereby find and <br />declare: <br />a. The Act authorizes the City and the District to enter into this <br />Agreement. <br />b. In compliance with Subsection (p) of the Act, this Agreement (i) <br />does not require the District to provide revenue to the City solely for the purpose <br />of an agreement with the City to forgo annexation of the District, and (ii) <br />provides benefits to each party, including revenue, services, and regulatory <br />benefits, which are reasonable and equitable with regard to the benefits provided <br />to the other party. <br />-2- <br />964507_3 <br />