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<br />. <br /> <br />e <br /> <br />9. La Porte agrees to increase the width of the north <br /> <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 /> <br />increased footage on the north will be obtained by reducing the <br /> <br />size of the landfill by 10 feet. <br /> <br />The increased footage on the <br /> <br />south will be acquired from FMC as part of the purchase of the <br /> <br />entire site. <br /> <br />10. The original design contemplated that the perimeter <br />drainage ditch was to .1;:>e located outside the vegetative buffer <br /> <br />zone. <br /> <br />The Parties agree that such drainage ditch should be <br /> <br />located between the vegetative buffer zone and the landfill <br /> <br />operations. To relocate the ditch, La Porte must get permission <br /> <br />from the Harris County Flood Control District. The Parties agree <br /> <br />to cooperate to obtain that permission. <br /> <br />ll. La Porte shall implement a groundwater monitoring program <br />that, in addition to the requirements in 25 TAC 32S.124~ includes <br /> <br />analyses for phenol and total organic halogens. <br /> <br />The Parties <br /> <br />agree to exchange all groundwater monitoring results collected by <br /> <br />each, whether done under the requirements of any local, state, or <br /> <br />federal statute, regulation, or permit, or whether done at the <br /> <br />Parties own behest. This information shall be accumulated and <br /> <br />exchanged quarterly, if such information has been generated in <br /> <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 /> <br />permits, authorizations, <br /> <br />licenses, or the like, <br /> <br />including <br /> <br />amendments thereto, with respect to this tract of land. <br /> <br />13. La Porte agrees that, wi thin 60 days of acquiring the <br /> <br />- <br />site for the construction of the Landfill, to place of record in <br /> <br />the Real Property Records. of Harris County, Texas, the covenants <br /> <br />and restrictions contained in this Agreement restricting (a) La <br /> <br />Porte's operation of the Landf ill and (b) future uses of the <br /> <br />land. <br /> <br />Such recorded restrictions shall be considered and <br /> <br />construed to be covenants running with the land, binding upon <br /> <br />each successive owner of any part of the land, and shall be for <br /> <br />the benefit of and enforceable by the Parties hereto or their <br /> <br />successors and assigns. <br /> <br />SL:47l00.l/4 <br /> <br />-4- <br />