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<br />e <br /> <br />e <br /> <br />NOW, THEREFORE, in consideration of the premises and of the <br />respective agreements set forth herein, the Parties agree as <br />follows: <br />1. La Porte shall limit use of the Landfill to the disposal <br />of municipal waste generated in La Porte and the City of <br />Seabrook, Texas, or the disposal of ash from an incinerator used <br />by La Porte or the City of Seabrook or both to incinerate all or <br />part of the municipal waste generated by each. <br />2. La Porte agrees ~o limit the future use of the property on <br />which the Landfill is located to industrial activities or <br />municipal activities of an industrial nature such as equipment <br />maintenance facilities, warehouses and vehicle storage areas. La <br />Porte further agrees the property shall not be used for <br />residential, commercial, recreational, park, or educational <br />purposes or any use that would be inconsistent with the <br />industrial character of the Bayport Industrial Area in which the <br />Landfill is located. <br />3. The Parties agree that the entrance to the Landfill <br />should be designed, constructed, and maintained in a way that <br />will minimize the visual impact of the Landfill. La Porte agrees <br />to design, construct, and maintain the entrance in accordance <br />wi t.h the plan depicted as At.tachment No. I labeled "Landfill <br />Access Road at Bay Area Boulevard, n and the Parties agree that <br />such design is adequate to minimize the visual effect of the <br />entrance to the Landfill. <br />4. La Porte shall require all trucks delivering waste to the <br />Landf ill to be properly covered or contained so as to prevent <br />waste from spilling onto roadways and property in the Bayport <br />Industrial Area. La Porte agrees to remove promptly any such <br />spillage, and endeavor to accomplish same by no later than the <br />close of business on the day after such event is reported. <br />5. La Porte shall minimize traffic congestion by providing <br />waiting and parking areas off of public roads for trucks <br />delivering waste to the Landfill. <br /> <br />5L:47100.lj4 <br /> <br />-2- <br />