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City Conseil t means the resolution or ordinance of the City consenting to the <br />creation of the District. <br />Coiilrnlercial 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 />Conlmissiorn 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 design <br />and construction of District facilities and for other legal purposes which advances are <br />subject to reimbursement by the District pursuant to the rules of the Commission or other <br />applicable law. <br />Land means the land within the District's boundaries, as those boundaries may be <br />modified from time to time. <br />Person means any individual, partnership, association, firm, trust, estate, public or <br />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 governing <br />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) does <br />not require the District to provide revenue to the City solely for the purpose of an <br />agreement with the City to forgo annexation of the District, and (ii) provides <br />benefits to each party, including revenue, services, and regulatory benefits, which <br />are reasonable and equitable with regard to the benefits provided to the other <br />party. <br />-2- <br />960913_4 <br />