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183
<br />
<br />NORTH CAROLINA
<br />
<br />CABARRUS COUNTY
<br />
<br />AGREEMENT
<br />
<br /> THIS AGREEMENT, made and entered into this __ day of September~ 1987,
<br />by and between PIEDMONT HARDWOOD LUMBER COMPANY, INC. (hereinafter referred
<br />to as "PIEDMONT"), and the BOARD OF COMMISSIONERS OF CABARRUS COUNTY (herein-
<br />after referred to as the "COUNTY");
<br /> W I T N E S S E T H: that --
<br /> WHEREAS, COUNTY owns real property located off Irish Potato Road in
<br />Cabarrus County, North Carolina, upon which it conducts a public landfill
<br />operation, pursuant to the rules, regulations and authority granted by the
<br />State of North Carolina (the "Landfill"); and
<br /> WHEREAS, PIEDMONT desires to haul and remove timber along an existing
<br />paved and unpaved road and "right-of-way" crossing the Landfill for ingress,
<br />egress and regress to property adjacent to the Landfill for which PIEDMONT
<br />owns and holds certain rights to timber (the "Adjacent Property"); and
<br /> WHEREAS, .COUNTY does not seek to withhold permission for such ingress,
<br />egress and regress from PIEDMONT unreasonably, but because of rules and
<br />regulations to which the Landfill is subject, COUNTY desires to permit
<br />PIEDMONT's hauling operation only under certain conditions hereinafter set
<br />forth.
<br /> NOW, THEREFORE, in consideration of the premises and agreements herein-
<br />after made, the sum of One Dollar ($1.00) and other good and valuable con-
<br />sideration, COUNTY hereby grants to PIEDMONT the non-exclusive right of
<br />ingress, egress and regress across Landfill solely and only upon the existing
<br />roadway thereof, or its extension, to the Adjacent Land, provided that:
<br /> 1. PIEDMONT shall perform such activities and cross the Landfill only
<br />upon the existing roadway or the extension thereof, as directed by COUNTY
<br />through its landfill manager, only during Landfill's normal operating hours,
<br />and only for a term extending six (6) weeks from the execution of this Agree-
<br />ment, and no longer.
<br /> 2. For any distance between the end of the existing paved roadway in
<br />the Landfill and the nearest property line of the Adjacent Property, PIEDMONT
<br />shall utilize a strip of land no greater than forty-five (45) feet in width,
<br />specifically as designated by the COUNTY's Landfill manager. In the event
<br />that any of such area as designated by COUNTY's manager needs to be cleared
<br />of trees or other debris in order for PIEDMONT to reach the Adjacent Property,
<br />PIEDMONT, at its sole expense, shall clear and remove said trees and/or
<br />debris to the sole satisfaction of COUNTY in COUNTY's sole discretion.
<br /> 3. PIEDMONT, at its sole expense, shall clear any such additional
<br />roadway and place a satisfactory foundation thereon for its vehicles so as
<br />not to injure or impair the Landfill, and failing same, shall reimburse
<br />COUNTY for any and all expense incurred in such repair or removal so as to
<br />replace the Landfill in compliance with all regulations to which it is
<br />subject.
<br /> 4. On or before October 20, 1987, PIEDMONT shall clean and clear any
<br />and all trees or debris left upon the Landfill from its hauling or clearing
<br />operation, and shall repair any and all damage thereto, including erosion, to
<br />the satisfaction of COUNTY. PIEDMONT shall pay to COUNTY any and all costs
<br />and expenses incurred by COUNTY for any damage to the Landfill by PIEDMONT,
<br />including that of erosion either onto the Landfill from the Adjacent Property
<br />or into the Landfill's sedimentation basin, therefrom or otherwise, and shall
<br />leave the Landfill in essentially the same state and condition as that which
<br />existed upon the date of execution of this Agreement.
<br /> 5. PIEDMONT shall hold COUNTY harmless from any and all liability,
<br />damages or claims, including attorney's fees, that might be asserted or
<br />suffered by COUNTY as a result of any act or omission of PIEDMONT, its
<br />officers, servants, agents or employees or representatives arising out of the
<br />use of or operation upon the property, pursuant to this contract or other-
<br />wise. In addition, PIEDMONT shall pay and maintain in full force and effect
<br />liability insurance for personal injury or property damage arising from the
<br />activities permitted herein in the indemnity amount of at least One Million
<br />Dollars ($1,000,000.00).
<br /> 6. In conducting its operations upon COUNTY's property as herein
<br />permitted, PIEDMONT shall violate no law or regulation to which COUNTY is
<br />subject in its operation or use of the Landfill, and shall indemnify COUNTY
<br />against liability therefor.
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