0403_ChambersDev_MSWLF_FranAgreeSupplement2_DIN26327_200807.pdf

SECOND SUPPLEMENTAL AGREEMENT
THIS SECOND SUPPLEMENTAL AGREEMENT (this "Second Supplement") dated
as of July _, 2008, is made and entered into by and between ANSON COUNTY, a political
subdivision of the State of North Carolina (the "County") and CHAMBERS WASTE
SYSTEMS OF NORTH CAROLINA, INC., a North Carolina corporation, formerly known as
Chambers Development of North Carolina, Inc. ("Chambers").
Recitals
A. The 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 the County (the
"Agreement").
B. The parties have previously supplemented the terms of the Agreement by entering
into a Supplemental Agreement dated as of February 26, 1997 (the "Supplemental
Agreement").
C. The parties have also entered into a lease agreement dated as of April 9, 2002 (the
"Lease Agreement") to provide sites for five convenience centers at a rental rate of $1.00 per
year for a 10-year term ending April9, 2012.
D. The Agreement, the Supplemental Agreement and the Lease Agreement are
collectively referred to in this Second Supplement as the "Existing Agreements."
E. Pursuant to the Existing Agreements, Chambers currently operates:
(I) a solid waste landfill (the "Regional Landfill Facility") at a site owned
by Chambers in Polkton (the "Regional Landfill Site");
(2) a regional recycling and collection facility at the Regional Landfill Site
(the "Regional Recycling Facility"); and
(3) five convenience centers for recycling and collection (the "Convenience
Centers") at the sites leased from the County under the Lease Agreement, identified as follows:
• Burnsville
• Lilesville
• White Store
• Gatewood
• Ansonville
F. The County and Chambers wish to further supplement and modify the Existing
Agreements as set forth in this Second Supplement.
6455218.2
Agreement
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
for themselves and their successors and assigns, agree as follows:
1. Recitals. The Recitals are incorporated herein by reference.
2. Convenience Centers.
(a) Chambers shall operate each of these five Convenience Centers and the
Regional Recycling Facility for the remaining term of the Lease Agreement, as such term may be
extended by future agreement of the parties. If the term of the Lease Agreement is not extended,
Chambers shall, upon expiration of such term, be required to operate only four Convenience
Centers and the Regional Recycling Facility for the remaining term of the Agreement in
accordance paragraph 2 thereof.
(b) Notwithstanding anything to the contrary in the Existing Agreements,
Chambers shall cause the Convenience Centers and the Regional Recycling Facility to be
operated as follows:
mean:
6455218.2
(i) Each of the Convenience Centers and the(Regional Recycling Facility)
shall be open and operated by Chambers, for their intended purpose, each
Tuesday and Saturday from 7:00 a.m. (local time) until 7:00 p.m. (local
time). Chambers may change these hours of operation with the prior
consent of the County's Manager, which consent shall not be
unreasonably withheld.
(ii) Only waste in plastic, non-open bags (i.e., tied trash bags) may be
deposited in the bins at the Convenience Centers and the Regional
Recycling Facility, which are to be provided by Chambers at the sites.
(iii) All white goods and furniture must be placed in the open-top containers
that are to be provided by Chambers at the sites.
(iv) Recyclables shall include paper, plastic, glass and aluminum in
accordance with applicable rules and regulations established by the North
Carolina Department of Environment, Health and Natural Resources or
other government agencies with jurisdiction over those materials.
3. Yard Waste.
(a) For purposes of this Second Supplement, the term "Yard Waste" shall
(i) land clearing waste to include stumps, tree trunks, limbs and leaves; and
2
(ii) High carbon nitrogen ratio yard trash that results from yard maintenance,
such as brush and tree limbs but specifically not including grass clippings or similar materials
with low carbon nitrogen ratios.
(b) During the term of the Agreement, Chambers shall accept and dispose of
Yard Waste in accordance with the provisions of paragraph 2(a) of the Agreement, supplemented
and modified as follows:
(i) Yard Waste shall be accepted and disposed of by Chambers in accordance
with the terms and conditions set forth in the letter dated February 21,
2008, from the North Carolina Department of Environment and Natural
Resources to Mr. Mike Gurley, a copy of which is attached hereto as
Exhibit A and incorporated herein by reference.
(ii) Yard Waste generated by residents of Anson County shall be accepted and
disposed of at the Regional Landfill Facility during the hours that the
Regional Landfill Facility is required to be open.
(iii) Yard Waste shall not be accepted or disposed of at the Convenience
Centers.
(iv) Yard Waste generated by residents of the County shall be accepted at
Chambers' expense and without charge (a) from individual County
residents (including residents of towns located within the County),
provided, that individual residents may be required to certify, or present
reasonable proof of, residency in the County and (b) from haulers
employed or engaged for that purpose by the County or towns within the
County to the extent the Yard Waste is generated by residents of the
County (including towns within the County). The amount of Yard Waste
as described in this section to be accepted by Chambers shall not exceed
.6,000 cubic yards in any calendar year.
(v) Except as provided in (iv) above, Chambers may impose a charge for
accepting Yard Waste (a) generated outside the County or (b) generated or
delivered by commercial or industrial establishments (including landscape
businesses) located within the County at rates established in accordance
with paragraph 2(a) of the Agreement.
4. Regional Landfill Facility (Hours). Chambers shall cause the Regional Landfill
Facility to be open and operated for its intended purposes at hours Chambers determines in its
discretion to be appropriate based upon business conditions provided, however, that the Regional
Landfill shall at a minimum be open eight hours a day, Monday through Friday, except New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas
Day. The County may request Chambers' consent to changes in these hours of operations, which
consent shall not be unreasonably withheld.
6455218.2 3
5. Ratification. Except as supplemented or modified by this Second Supplement, the
Existing Agreements are hereby ratified and remain in full force and effect. Copies of the
Existing Agreements are attached hereto, for convenient reference, as composite Exhibit B.
[Signatures begin on the following page]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written, pursuant to authority duly given.
6455218.2
CHAMBERS WASTE SYSTEM OF NORTH
CAROLINA, INC.
By: _____________ _
Name:
Title:
ANSON COUNTY
By: _____________ _
Name:
Title:
4