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2.03 Authority, Applicable Rules and Right to Continue Development <br /> A. This Agreement is entered under the statutory authority of Sections 42.042, <br /> 43.0672 and 212.172 of the Texas Local Government Code and pursuant to <br /> Chapter 2, Article 4, Division 3 of the SMDC. The Parties intend that this <br /> Agreement guarantee the continuation of the extraterritorial status of portions of <br /> the Land as provided in this Agreement; authorize certain land uses and <br /> 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 of <br /> 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 /> 6 <br />