AG 1999 06 21 - Laserfiche WebLink

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204 DRAFT sanitary condition. NO noxious odors or noises from the Landfill shall be permitted at any time. Noises resulting from the normal operation of the Landfill must be within the limits of the Cabarrus County Zoning Ordinance as defined in Chapter 8, Section 8-3, Number 9. 6.2 Disposal Facility - LLC's construction and demolition debris landfill shall be located at the Speedrail Industrial Park on Speedrail Court. The Disposal Facility shall operate in accordance with Conditional Use Permit 222 (c) or its successor or replacement. It shall be open no more than six days per week, Monday through Saturday inclusive, and be closed on Sunday. It shall open no earlier than 7:00 a.m. and close no later than 6:00 p.m. Monday through Friday and open no earlier tkan 7:00 a. m. and close no later than 12:00 p.m. on Saturday. LLC's Disposal Facility shall serve Cabarrus County and all counties contiguous to it. 6.3 Record Keeping and Reporting - LLC shall at all times maintain a current listing of all customers (names and addresses) and make this list available to the County upon request. At least fifteen (15) days following the end of each quarter, the LLC shall automatically provide a written report on its operations to the County including the following: -Number of customers, the resident county of such customer and quantity of waste disposed of in the Landfill by such customer~ -Number and nature of all complaints received from the public and their resolution. -The quantity of all waste disposed of in the Landfill for the current quarter and year-to-date. 6.4 Spillage and/or Litter - LLC shall be responsible for promptly picking up and/or removing any debris or litter spilling from vehicles presumed to De from vehicles hauling debris to the Landfill beginning at the intersection of Highway 49 and Pharr Mill Road to the intersection of Pharr Mill Road and Speedrail Court and from there to the Landfill. Failure of the operator to respond within a 24-hour period after being notified of litter and waste along the entry way roads shall entitle the County to initiate a clean up response with costs to be assigned to the operator. 6.5 Complaints and Service Disputes - The LLC shall respond in writing to complaints from any party within 24 hours and will use its best efforts to resolve complaints received from residents surrounding the Landfill and other persons as a result of its operations under this Agreement. Also, LLC shall fully cooperate with the County in addressing such complaints. LLC shall maintain a dated, up-to-date file listing all complaints received, the name and address of the complaining party, LLC's response or action taken with respect thereto, the date of such response and the name of the LLC employee handling the response. Such files shall be made available to the County upon request. SECTION 7 - COUNTY RESPONSIBILITIES 7.1 Preservation of Rights - Cabarrus County, through its Board of County Commissioners, hereby agrees to cake all necessary and suitable resolutions for the protection of the rights, privileges, and property of LLC set forth herein; provided LLC is in compliance with this Agreement. SECTION 8 - PAYMENT 8.1 Franchise Fee - LLC shall pay to the County a Franchise Fee on a quarterly basis for all the debris accepted for disposal. The Franchise Fee shall be set and may subsequently be adjusted annually by the Board. During the Initial Term, the first year Franchise Fee shall be: $ 1.00 per ton SECTIQN ~ - ~PECIAL CONDITIONS 9.1 Representatives and Notices - The authorized representative of the County for purposes of this Agreement shall be: County Manager Cabarrus County 65 Church Street, SE Post Office Box 707 Concord, NC 28026-0707 The authorized representative of LLC for purposes of this Agreement shall be: Larry Griffin, Sr. Griffin Brothers Companies 15300 Holbrooks Road Huntersville, NC 28078 Either party may change its representative upon five days prior written notice to the other party. All notices required under this Agreement must be