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development on the Land; provide for the uniform review and approval of plats and <br />development plans for the Land; provide exceptions to certain ordinances; and <br />provide other terms and consideration, including the continuation of land uses and <br />zoning upon annexation of any portion of the Land to the City. <br />B. Execution of this Agreement, under Section 212.172 of the Texas Local <br />Government Code, constitutes a permit under Chapter 245 of the Texas Local <br />Government Code. In addition, the City acknowledges and agrees that (1) the uses <br />and development contemplated in and authorized by this Agreement were planned <br />for the Property more than ninety (90) days prior to the Effective Date of this <br />Agreement and, therefore, more than ninety (90) days prior to the Effective Date <br />of annexation of the Property, and (2) the Owner has filed a completed application <br />for the initial authorization with the City prior to the institution of any annexation <br />proceedings related to the Property. As a result of the foregoing sentence, Section <br />43.002 of the Texas Local Government Code applies to the uses and development <br />of the Property contemplated in and authorized by this Agreement. <br />C. In consideration of Owner's agreements hereunder, the City agrees that, during <br />the term of this Agreement, it will not impose or attempt to impose: (a) any <br />moratorium on building or development within the Property, or (b) any land use or <br />development regulation that limits the rate or timing of land use approvals, whether <br />affecting preliminary plans, final plats, site plans, building permits, certificates of <br />occupancy or other necessary approvals, within the Property. No City -imposed <br />moratorium, growth restriction, or other limitation affecting the rate, timing or <br />sequencing of development or construction of all or any part of the Property will <br />apply to the Property if such moratorium, restriction or other limitation conflicts with <br />this Agreement or would have the effect of increasing Owner's obligations or <br />decreasing Owner's rights and benefits under this Agreement. This Agreement on <br />the part of the City will not apply to temporary moratoriums uniformly imposed <br />throughout the City and ETJ due to an emergency constituting an imminent threat <br />to the public health or safety, provided that the temporary moratorium continues <br />only during the duration of the emergency or a moratorium authorized by <br />Subchapter E, Chapter 212 of the Texas Local Government Code. <br />2.04 Exhibits/Amendment <br />A. All exhibits attached to this Agreement are incorporated into and made a part of <br />this Agreement for all purposes. The paragraph headings contained in this <br />Agreement are for convenience only and do not enlarge or limit the scope or <br />meaning of the paragraphs. Wherever appropriate, words of the masculine gender <br />may include the feminine or neuter, and the singular may include the plural, and <br />vice -versa. Each of the Parties has been actively and equally involved in the <br />negotiation of this Agreement. Accordingly, the rule of construction that any <br />ambiguities are to be resolved against the drafting Party will not be employed in <br />interpreting this Agreement or its exhibits. This Agreement may be executed in any <br />number of counterparts, each of which will be deemed to be an original, and all of <br />