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SOLID WASTE COLLECTION AND DISPOSAL <br />FRANCHISE AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 20th date of January, 1998, by and <br />between Cabarms County, North Carolina by and through its Board of County <br />Commissioners (County), and BFI Waste Systems of North America, Inc., hereinafter <br />referenced to as the Collector. <br /> <br />WHEREAS, the County is duly authorized to grant exclusive franchises for the collection <br />and disposal of solid waste within the unincorporated portions of Cabarrus County, N6rth <br />Carolina; and <br /> <br />WHEREAS, the County has found that granting of exclusive solid waste disposal and <br />residential collection franchises to the Collector is in the best interest of the Public; and <br /> <br />WHEREAS, the County will provide disposal services for its residents as well as disposal <br />services for-the City of Kannapolis including that portion of the City within Kowan <br />County, North Carolina and the Towns of Mount Pleasant and Harrisburg, all within <br />Cabarrus CountY; and <br /> <br />WHEREAS, said?Collector has presented satisfactory evidence to the County that it is in <br />adequate physical and financial position to provide such disposal service under all rules <br />and regulations. <br /> <br />Now, therefore, in consideration of the promises and mutual covenants herein contained, <br />the parties hereto intending to be legally bound, hereby agree as follows: <br /> <br />SECTION 1 - DEFINITIONS <br /> <br />For the purpose of this AgreemenL the definitions contained in this section shall apply <br />unless otherwise specifically stated. When not inconsistent to the context, words used in <br />the present tense include the future, words in plural numbers include the singular, and <br />words in the singular number include plural..The word "shall" is always mandatory and <br />not merely directory. <br /> <br />Apartment or Condominiums - Shall mean a building under one roof, housing four (4) · <br />or more living units. <br /> <br />Board - Shall mean the Board of County Commissioners of Cabarrus County, North <br />Carolina. <br /> <br /> <br />