0403_AnsonLF_franchise2018_20180306

FIFTH SUPPLEMENTAL AGREEMENT
THIS FIFTH SUPPLEMENTAL AGREEMENT (this "Fifth Supplement") is made
effective as March 6, 2018 (the "Effective Date"), by and between ANSON COUNTY, a political
subdivision of the State of North Carolina ("Coun % and CHAMBERS DEVELOPMENT OF
NORTH CAROLINA, INC. a North Carolina corporation formerly known as Chambers Waste
Systems of North Carolina, Inc. ("Chambers").
RECITALS
A. County and Chambers are parties to an Agreement, dated as of June 4, 1991,
concerning the design, construction and operation of a solid waste landfill in County (the
"Ageement");
B. The parties have previously supplemented and modified the terns of the Agreement by
entering into a Supplemental Agreement, dated as of February 26,1997 (the "First Supplemental");
C. The parties have also entered into a lease agreement dated as of April 9, 2002 (the
"Lease") to provide sites for five convenience centers at rental rate of $1.00 per year for a 10-year
term ending April 9, 2012;
D. The parties have also supplemented and modified the terms of the Agreement, the First
Supplement, and the Lease, by entering into a Second Supplemental Agreement, dated as of July
31, 2008 (the "Second Supplement");
E. The parties have also supplemented the terms of the Agreement, the First Supplement,
and the Lease, the Second Supplement by entering into a Third Supplemental Agreement, dated as
of January 9, 2012 (the "Third Supplement");
F. The parties have also supplemented the terms of the Agreement, the First Supplement,
and the Lease, the Second Supplement and the 'Third Supplement by entering into a Fourth
Supplemental Agreement dated October 5, 2016 (the "Fourth Supplement")
G. The Agreement, the Supplemental Agreement, the Lease Agreement, the Second
Supplement, the Third Supplement and the Fourth Supplement are collectively referred to in this
Fifth Supplemental as the "Existing Agreements";
H. Capitalized terms not otherwise defined herein shall have the respective meanings
ascribed to them in the Existing Agreements; and
I. County and Chambers wish to further supplement and modify the Existing Agreements
as set forth in this Fifth Supplement.

AGREEMENT
NOW, THEREFORE, in consideration of the premises and obligations as set forth in the Fifth
Supplement and for good and valuable consideration, the receipt and sufficiency of which is hereby
agreed and acknowledged, the parties hereto, for themselves and their successors and assigns,
agree as follows:
1_ Amendment to Section 15 of the Agreement: Section 15 of the Agreement is hereby
amended and restated in its entirety to read as follows:
"15. Amount of Waste Received. Chambers agrees that it will not accept more
than an average of six thousand (6,000) tons per day of Acceptable Waste, as
defined in Paragraph 3 hereof, unless otherwise mutually agreed upon in writing
by both parties. The average tons per day shall be calculated on a quarterly
basis based on the number of days in each quarter."
2. Counterparts. This Fifth Supplemental may he executed in one or more facsimile or
original counterparts, each of which shall be deemed an original and both of which together
shall constitute one and the same instrument.
3. Ratification. All terms and provisions of the Existing Agreements not amended hereby,
either expressly or by necessary implication, shall remain in full force and effect. From and
after the date of this Third Supplement, all references to the term "Agreement" in this Third
Supplement and in the Existing Agreement shall include the terms contained in this Third
Supplement.
4. Conflicting Provisions. In the event of any conflict between the terms of the Existing
Agreement and this Fifth Supplement, the terms of this Fifth Supplement shall prevail.
[Reruainder of Page Inten #orally Left Blank; Signatures Follow]

IN WITNESS WHEREOF, the parties hereto have a duly exomted this Fifth
Supplemental Agreement as of the day and year first above written:
ATTEST:
_' 0L . i..._��.
Name: I�CtKsr �.,ar�nor�
ANSON COUNTY
Name: #OVp' N. w-
Title: G\eyy- Title: CwwfE
CHAMBERS DEVELOPMENT OF
NORTH G4ROLINA, INC.
By W
Name: gob wa 1
Title: t,i di 51 ON We"L tf,3644

ORDINANCE GRANTING SANITARY LANDFILL FRANCHISE
WHEREAS, G.S. §153A-136(a)(3) authorizes counties to regulate the disposal and other
disposition of solid wastes by granting franchises to one or more persons for the exclusive right
to commercially dispose of solid wastes within the county; and
WHEREAS, G.S. §130A-294, as amended in 1994, requires that an applicant for a
sanitary landfill permit from the State shall obtain a franchise for the operation of the landfill
from the local government having jurisdiction over the land on which the landfill is to be located;
and
WHEREAS, Anson County has previously entered into an Agreement (the "Agreement")
dated June 4, 1991, with Chambers Development of North Carolina, Inc. ("Chambers")
pertaining to a proposed sanitary landfill to be located in Anson County; and
WHEREAS, pursuant to the Agreement, Chambers has (i) applied for and received from
the North Carolina Department of Environmental Quality (DEQ), a Notice of Site Suitability
dated January 30, 1996 (the "Notice") for a sanitary landfill on a tract of land in Anson County,
and (ii) requested that Anson County grant an exclusive franchise for construction and operation
of the proposed landfill at the site described in the Notice (the "Landfill Site"); and
WHEREAS, the sanitary landfill will be modified to consist of five phases with a total
disposal area of approximately 210 acres.

WHEREAS, the Board of County Commissioners conducted public hearings prior to its
approval of the Agreement in 1991 and subsequent public hearings for each Agreement and has
conducted a further public hearing on November 18, 1996, prior to considering the adoption of
this ordinance and has conducted a further public meeting on November 7, 2017, prior to
considering adoption of this revised ordinance; and
WHEREAS, in response to issues raised during the public hearing, the Board has
requested and received from Chambers written clarifications and assurances concernin
Chambers' obligations with respect to the Landfill; and
WHEREAS, the Board has determined that it is in the best interests of the residents and
businesses of the County that an ordinance be adopted granting a franchise to Chambers for the
construction and operation of a sanitary landfill at the Landfill Site, in accordance with all of the
terms and conditions set forth in the Agreement and this Ordinance;
BE IT, THEREFORE, ORDAINED AS FOLLOWS:
Section One
A. This Ordinance is enacted pursuant to G.S. §153A-136 and §130A-294, to
promote and protect the health, safety and welfare of the people of Anson County; and the Board
finds that the provisions of this ordinance will encourage the establishment of a secure, safe, and
economical system of solid waste disposal in the County, in compliance with all applicable state
and Federal laws and regulations.

B. The Code of Ordinances of Anson County, North Carolina, is hereby amended to
grant Chambers an exclusive franchise (the "Franchise") for the operation of a sanitary landfill at
the Landfill Site upon the terms and conditions set forth in (i) the Agreement, which is
incorporated herein by reference, (ii) any permits issued by DEQ for construction and operation
of the landfill, and (iii) this Ordinance.
C. In the event of any conflict between the terms or conditions in the Agreement and
any permit issued by DEQ, the more restrictive term or condition shall govern.
D. The Franchise shall be for the life -of -site of the Landfill, unless terminated or
extended in accordance with both the Agreement and applicable law.
E. The sanitary landfill shall serve the following populations and geographic areas in
accordance with the following priorities:
1. Residents, commercial businesses, industry, and establishments located in
Anson County, including those located in towns and cities within the County;
2. Residents, commercial businesses, industry, and establishments located in
towns, cities and counties surrounding Anson County; and
3. Residents, commercial businesses, industry, and establishments located in
other towns, cities and counties within North Carolina and South Carolina
with an estimated population of 15.11 million people.

CERTIFICATE OF APPROVAL
This certifies that, following a public hearing duly conducted on November 18, 1996, this
Ordinance was approved at two regular meetings of the Anson County Board of Commissioners,
as follows:
A. At the February 4, 1997, regular session, upon motion of Commissioner Little,
seconded by Commissioner Thacker the foregoing Ordinance passed by the following
vote:
Ayes: 5 Noes: 2
B. At the March 5, 1997, regular session, upon motion of Commissioner Little,
seconded by Commissioner Thacker the foregoing Ordinance passed by the following vote:
Ayes: 5 Noes: 2
This the 5 day of March, 1997.
ANSON COUNTY BOARD OF COMMISSIONERS
Lin
Ross Streater, Chairman
Attest:
Bonnie M. Huntley, Clerk to the Board
Approved as to form:
George C. Bower, Jr., County Attorney
Robert C. Sink, Special Counsel

At the March 6, 2018, regular session, upon motion of Commissioner
seconded by Commissioner SouY 6 ; the foregoing Ordinance passed by the following
vote:
Ayes: I Noes: I
This the 6 day of March 2018.
ANSON COUNTY BOARD OF COMMISSIONERS
By:4�a�a
uz, ,. _
m,Chairman
Attest:
l _ Czx v-
Denise Cannon, Clerk to the Board
A ed a fo .
Scott Forbes, County Attorney
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