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<br />'I. '. <br /> <br />, r <br /> <br />. <br /> <br />. <br /> <br />Subject to Rule 408, Texas Rules of Evidence <br /> <br />THIS AGREEMENT IS SUBJECT TO ARBITRATION <br />UNDER THE TEXAS GENERAL ARBITRATION ACT <br /> <br />STATE OF TEXAS <br /> <br />s <br />s <br />s <br /> <br />COUNTY OF HARRIS <br /> <br />AGREEMENT REGARDING MUNICIPAL SOLID WASTE DISPOSAL SITE <br /> <br />WHEREAS, the City of La Porte, a municipal corporation in <br /> <br />Harris County, Texas (ftLa Porteft), has applied for a solid waste <br /> <br />disposal permit from th~ Texas Department of Health (ftTDHft) for a <br />solid waste landfill (the "Landfillft), on property located <br /> <br />approximately 0.5 miles south of the intersection of Bay Area <br /> <br />Boulevard and Fairmont Parkway and immediately east of Bay Area <br />Boulevard in the extraterritorial jurisdiction of the City of La <br /> <br />Porte in Harris County, Texas 1 <br /> <br />WHEREAS, La Porte has obtained a permit for an air curtain <br /> <br />destructor from the Texas Air Control Board and in the future La <br />, <br /> <br />Porte may expand operations at the Landfill to include resource <br /> <br />recovery operations {all operations at the Landfill are included <br /> <br />within the term ftLandfill" for purposes of this Agreement) 1 <br /> <br />WHEREAS, Rohm and Haas Bayport Inc. ("Rohm and Haas"), a <br /> <br />Texas corporation, owns property to the north of the proposed <br /> <br />Landfill where it operates a chemical plant1 <br />WHEREAS, FMC Corporation (ftFMCft), a Delaware corporation, <br /> <br />owns the property that would be the site of the proposed Landfill <br />after acquisition by La Porte, and owns additional property <br />contiguous to the south boundary of the proposed Landfill which <br /> <br />is undeveloped on the north portion and which serves as the site <br /> <br />of an FMC chemical plant on the south portion: <br /> <br />WHEREAS, Rohm and Haas and FMC, have been individually and <br /> <br />jointly opposing La Porte's application for a TDH permit for the <br />Landfill1 and <br /> <br />WHEREAS, all Parties hereto have determined that it is in <br /> <br />their best interests to enter into this Agreement1 <br /> <br />SL:47l00.l/4 <br /> <br />-1- <br />