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<br />e <br /> <br />e <br /> <br />9. La Porte agrees to increase the width of the north <br />buffer zone area by 10 feet to a total of 18 feet and that of the <br />south buffer zone area by 20 feet to a total of 28 feet. The <br />increased footage on the north will be obtained by reducing the <br />size of the landfill by 10 feet. The increased footage on the <br />south will be acquired from FMC as part of the purchase of the <br />entire site. <br />10. The original design contemplated that the perimeter <br />drainage ditch was to .be located ~utside the vegetative buffer <br />zone. The Parties agree that such drainage ditch should be <br />located between the vegetative buffer zone and the landfill <br />operations. To relocate the ditch, La Porte must get permission <br />from the Harris County Flood Control District. The Parties agree <br />to cooperate to obtain that permission. <br />11. La Porte shall implement a groundwater monitoring program <br />that, in addition to the requirements in 25 TAC 325.124, includes <br />analyses for phenol and total organic halogens. The Parties <br />agree to exchange all groundwater monitoring results collected by <br />each, whether done under the requirements of any local, state, or <br />federal statute, regulation, or permit, or whether done at the <br />Parties own behest. This information shall be accumulated and <br />exchanged quarterly, if such information has been generated in <br />the previous three months. <br />12. La Porte agrees to notify the other Parties hereto <br />wi thin 10 days following the submittal of any applications for <br />permi ts, authorizations, licenses, or the like, including <br />amendments thereto, with respect to this tract of land. <br />13. La Porte agrees that, wi thin 60 days of acquir ing the <br />site for the construction of the Landfill, to place of record in <br />the Real Property Records of Harris County, Texas, the covenants <br />and restrictions contained in this Agreement restricting (a) La <br />Porte's operation of the Landf ill and (b) future uses of the <br />land. Such recorded restrictions shall be considered and <br />construed to be covenants running with the land, binding upon <br />each successive owner of any part of the land, and shall be for <br />the benef it of and enforceable by the Parties hereto or their <br />successors and assigns. <br /> <br />5L:47100.l/4 <br /> <br />-4- <br />