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CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL <br /> FRANCHISE AGREEMENT <br /> <br /> THIS AGREEMENT, made and entered into this day of May, 1999, by and <br />between Cabarrus County, North Carolina by and through its Board of County Commissioners <br />(hereinafter the "County"), and HIGHWAY 49 C & D LANDFILL, LLC (hereinafter "LLC"). <br /> <br /> WHEREAS, pursuant to applicable North Carolina law, the County is duly authorized to <br />grant franchises for the disposal of construction and demolition debris within the unincorporated <br />portions of Cabarrus County, North Carolina; and <br /> <br /> WHEREAS, granting a construction and demolition debris landfill franchise to LLC is <br />consistent with the best interest of the public; and <br /> <br /> WHEREAS, LLC has presented satisfactory evidence to the County that LLC possesses <br />adequate physical and financial resources with which to provide such disposal service pursuant <br />to state, federal and local rules, regulations, laws and ordinances. <br /> <br /> NOW, THEREFORE, in consideration of the promises and mutual covenants herein <br />contained, the County and LLC do hereby agree as follows: <br /> <br />SECTION 1 - DEFINITIONS <br /> <br /> For the purpose of this Agreement, the definitions contained in this section shall apply <br />unless otherwise specifically stated. When not inconsistent with the context, words used in the <br />present tense include the future, words in plural numbers include the singular, and words in the <br />singular number include plural. The word "shall" is always mandatory and not merely directory. <br /> <br /> 1.1 Board - Shall mean the Board of County Commissioners of Cabarrus County, North <br />Carolina. <br /> <br /> 1,2 Container - Shall mean an appropriate container for the storage of refuse and solid <br />waste for collection and shall include, but not be limited to, bins which are usually lifted or <br />loaded mechanically by trucks. <br /> <br />1.3 County - Shall mean Cabarrus County, North Carolina. <br /> <br /> 1.4 Disposal Site or Disposal Facility- Shall mean that facility constructed and <br />operated by LLC for the properly permitted and licensed disposal of construction and demolition <br />debris. <br /> <br /> 1.5 Hazardous Waste - Shall mean materials or combinations of materials that require <br />special management techniques because of their acute and/or chronic effects on air and water <br /> <br /> <br />