0403_AnsonLF_CountyFranchise_19910604

AGREEMENT
THIS AGREEMENT, made and entered into as of this 4 day of
19 Uy_ , by and between CHAMBERS DEVELOPMENT OF
NORTH CAROLINA, INC., a North Carolina corporation ("Chambers") and
COUNTY OF ANSON,'NORTH CAROLINA (the "County").
WHEREAS, the County is desirous of providing to its citizens
environmentally sound solutions to the problems of solid waste
reduction and disposal; and
WHEREAS,, the County is in need of recycling facilities and a
disposal facility for nonhazardous solid waste generated by County
residents and businesses; and
WHEREAS, Chambers and its affiliates have experience in the
design, construction and operation of environmentally 'sound
recycling facilities and solid waste landfills; and
WHEREAS, Chambers will be required to locate, .permit and
operate a solid waste landfill site and construct the"'landfill -in
such a manner as to, comply with the United states Environmental
Protection Agency (the "EPA91) Subtitle I'D" Regulations:'.and +Rules
promulgated by the Division of Solid "Waste Management-(''!DSW6h") of
North. Carolina's Department of Environment, Health, and Natural
Resources; and
WHEREAS, Chambers wishes to obtain the necessary permits and
approvals to operate recycling facilities and a solid waste
landfill (the "Landfill") and to dispose of County -generated solid
waste and solid waste from outside of the County.
NOW, THEREFORE, in consideration of the foregoing premises,
and for other good and valuable consideration, the parties hereto,
intending to be legally bound, agree as follows:
1. The Landfill. Chambers intends to apply for all permits
andapprovalsnecessary to operate the Landfill as a solid waste
landfill for the acceptance of solid waste (as defined in DSWM
rules and regulations). The County agrees to provide information
and cooperation as reasonably requested by Chambers in furtherance
of the obtaining by Chambers of the necessary permits and
approvals, and will adopt no zoning or land use ordinances or take
any other actions during the term of this Agreement which would
have the effect of preventing or limiting Chambers' right or
ability to own and operate the Landfill under the terms of this
Agreement and it is understood that Chambers shall be the owner of
the land upon which the Landfill will be located. The County shall
further enact an ordinance or resolution indicating the County's
consent to the Landfill site that Chambers has made application
for. The parties specifically agree that the exclusivity of the
Landfill as the only solid waste landfill located within the County.

is a major consideration for this Agreement, and the County will
use its best efforts, to the degree it may lawfully do so, to
maintain this franchise exclusively with Chambers for so long as
the Landfill is receiving waste in accordance with this Agreement.
Chambers agrees to provide disposal site "air space" on mutually
agreeable terms and conditions in. the event that the existing
County Landfill is not available at the time of the required
closing of the existing site under "Subtitle D" requirements,
however, County shall be responsible for the costs of transporting
said waste from the County to a designated landfill up to one
hundred (100) miles, with Chambers responsible for any applicable
tip fees, and transportation costs greater than one hundred.(100)
miles.
2. Disposal and Recycling of County Solid Waste.
(a) Disposal of Residential and Commercial Waste. If
Chambers obtains all of the necessary permits and approvals to
operate the Landfill and dispose of solid waste,, the County shall,
by ordinance or otherwise, require and direct that all residential
solid waste generated within the County and all commercial
businesses :and industry and establishments within the County be
delivered to and disposed of in the Landfill throughout the term of
this Agreement. Chambers shall, at .Chambers' expense 'upon the
opening of the Landfill, dispose of all residential solid 'waste
generated by residents of the County. Solid waste generated by
commercial and industrial establishments and other private
generators and solid waste delivered to the.Landfill by private
haulers shall be disposed of at the Landfill at charges to be
established by Chambers. County and Chambers must agree to a
process whereby multi —family solid waste is separated from
commercial and industrial waste streams. The rates to be charged
by Chambers and paid by such commercial and industrial customers
for the disposal of such commercial and industrial solid waste
shall be as agreed upon by Chambers and the various customers. The
rates charged commercial and industrial customers from Anson County
shall not exceed eighty percent (90%) of the then current posted
gate rate, or five percent (5%) less than the lowest contracted
gate rate for any customer of the Landfill, whichever is less.
Chambers agrees, without expense to County, to
provide a means for the disposal of all nonhazardous waste
generated in Anson County including, but not limited to, yard
waste, batteries, white goods and tires. Scrap tire sites will
meet all facility requirements of 15A NCAC 13B.1106(c) and
operational requirements of 15A NCAC 13B.1107.
(b) Recycling Facilities. Chambers also agrees to
purchase, construct, permit, operate and maintain recycling
facilities capable of managing the recycling, in accordance with
applicable rules and regulations, the recyclable materials agreed
` to from time to time by Chambers and the County. The recycling
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facilities shall include four (4) Recycling/Collection Convenience
Centers and a Regional Recycling Center. The Regional Recycling
Center will be designed to sort and consolidate recyclables
collected at the Convenience Centers. The parties mutually agree
that one such Convenience Center may be located at the site of the
Regional Center. Chambers further agrees to transport all waste
from all such centers and agrees to inspect public roads within
thirty (30) feet of each site for litter and to maintain said area,
and one mile in each direction on the state public road that
accesses the Landfill. `
(c) Household Hazardous Wastes. The County may, at its
option, establish a periodic Household Hazardous Wastes
collection effort. The County may, at its option, be responsible
for organizing, promoting and policing the delivery of such HHW to
a central collection point, and Chambers shall assist the County in
arranging for the transportation by a third party of the HHW so
collected to an approved hazardous waste landfill or disposal
facility. If the County undertakes such an effort it shall pay for
all transportation and disposal costs of such HHW.. Chambers will
commit Twenty -Five Thousand Dollars ($25,000.00) each year to defer
the cost of this program sponsored by the County. In addition,
Chambers will use its best efforts to assist other waste sources
which may use its facilities to develop similar programs.
- (d) Consulting Services. Chambers agrees to provide
"in-house" consulting services, without expense to the County, and
agrees to develop and submit all plans and reports required by the
State of North Carolina for County's compliance with Senate Bill
111.
3. Acceptable Waste. Chambers shall not accept for disposal
any material not allowed for disposal by its permit from the DSWM
and shall refuse to accept any Hazardous Waste or any material
which is toxic, infectious, pathological, highly flammable,
explosive, radioactive, or otherwise determined by Chambers to be
dangerous or otherwise unacceptable for disposal pursuant to
present or future Federal or State laws, rules, regulations and
permits. No Medical Waste Ash will be accepted at this facility.
No ash from solid, liquid or nuclear Hazardous Waste treatment or
incineration facilities or ash of any other nature that fails to
meet present or future acceptable EPA or DSWM toxicity testing
limits shall be accepted for disposal at the landfill. U.S.
Environmental Protection Agency toxicity characteristic testing
procedures (TCLP) would be used on any potential incineration waste
stream and all potential shipments would be visually inspected and
compared against the certifications made by the generator of the
ash waste stream. The County may at its option and expense require
additional testing procedures. Hazardous Waste shall be defined as
solid waste which because of its quantity, concentration or
physical, chemical or infectious characteristics may: (a) cause or
significantly contribute to an increase in mortality or an increase

in serious irreversible or incapacitating reversible illness; or
(b) pose a substantial present or potential hazard to human health,
the Landfill or the environment when .treated, stored, transported
or .disposed of or otherwise managed. Such waste will further
include nonhazardous domestic and industrial wastewater sludges
with less than twenty percent (20%) solids by weight and solid or
dissolved materials in irrigation return "flows, industrial
discharges which are point sources subject to permits under:Section
402 of the Federal Water Pollution Control Act, as amended (86
STAT. 880) source, special nuclear or by-product material as
defined by the Atomic Energy Act of 1954, as amended (68 STAT.
923), or any hazardous waste as defined in Section C of The
Resource Conservation and Recovery Act.
4. Authority. The County represents that it has the
authority to enter into and perform its obligations under this
Agreement, that it has complied with applicable procurement laws,
rules, regulations and ordinances relative to this Agreement, and
that all necessary approvals to enter into this Agreement have been
obtained. Any expenses incurred by Chambers arising from any
breaches of the County's representations contained herein shall be
credited against the host fee payments provided for in Paragraph
7(c) hereof.
S. Term of Agreement. This Agreement shall commence on the
date hereof and shall continue for the earlier of (i) a period of
twenty (20) years from the date of the commencement of operations
of the Landfill by Chambers, subject to the issuance to Chambers of
all necessary permits and approvals to operate the Landfill, or
(ii) notification by Chambers that it is, in Chambers' reasonable
opinion, unable to obtain all necessary permits and approvals to
construct and operate the Landfill. At the end of the initial term
as provided herein the County, at its option, may extend the term
for additional five -.year terms or such lesser terms if the Landfill
has additional useful life. Chambers shall have no obligation to
accept solid waste or perform any of
unless it has received all permits
necessary to operate the Landfill_anc
reasonably acceptable to Chambers and
obligations hereunder. Chambers agrees
diligently make application for all nece
for the Landfill and the County sh;
information and cooperation in that
documents reasonably necessary to ena
application. Chambers shall have six
final site selection and approval by thr
for necessary permits and must begin c
within three (3) months after receivin
:her obligations hereunder
and approvals which are
which contain conditions
enable it to perform its
to proceed in good faith to
ssary permits and approvals
ill provide any necessary
regard and execute any
ble Chambers to make such
:6) months from the dateof
County to make application
instruction of the Landfill
I such permit.
6. Host Fee for Non -County Waste. Upon receipt of 'all
necessary permits and approvals to construct the Landfill Chambers
shall pay County the sum of one Hundred Thousand Dollars

($100,000.00). The parties acknowledge that Chambers shall have
the right to accept and dispose of solid waste at the Landfill
which has been delivered by persons, municipalities, businesses and
other entities located outside the County in accordance with the
terms and conditions of this Agreement. On the first seven hundred
fifty (750) tons of out -of -county solid waste received per day
Chambers agrees to pay the County a fee equal to One Dollar and
Fifty Cents ($1.50) for each ton of out -of -county solid .Waste. For
out -of -county waste deposited in the Landfill between seven hundred
fifty (750) tons and one thousand (1,000) tons per day Chambers
agrees to pay County a fee equal to One Dollar and Seventy -Five
Cents ($1.75) per ton. For all out -of -county waste deposited in
the Landfill in excess of one thousand (1,000) tons per day
Chambers agrees to pay County a fee equal to Two Dollars ($2.-00)
per ton. All host fees paid to County by Chambers shall be
adjusted annually on the anniversary date of this Agreement,
beginning on the first such anniversary, to reflect increases equal
to increases in the Consumer Price Index - Southeastern Region, as
issued by the U.S. Department of Labor. Said fees shall be paid
within twenty (20) days after the end of each calendar quarter
during which such solid waste has been accepted for disposal at the
Landfill. The minimum host fee which shall be due the County
during the term of thisAgreementis One Hundred Fifty Thousand
Dollars ($150,000.00) per year, which shall also be subject to
annual increase as set forth hereinabove. The minimum host fee for
the initial year of operation shall be paid to the County on a
quarterly basis as outlined above, however, it is mutually agreed
that the full amount is not due until the final quarter of the
initial full calendar year of operation. In the event that any
tax, fee or charge should be imposed upon the Landfill by the
County upon the revenues, earnings or operation of the landfill
(other than taxes uniformly applicable to all businesses in the
County) the amount paid thereunder by Chambers shall be credited to
the host fee payments provided herein. The County shall receive
fifty percent (50%) of all profits from the processing and sale of
any items by Chambers received at the Convenience Centers.
Chambers shall also pay the County a one -eighth (1/8) royalty from
the sale of methane gas originating from the Landfill.
7. Books and Records.
(a) Quarterly Reports. Chambers shall keep records of
waste received including recyclables and receipts from their sale
and the County shall have the right to inspect and audit the same
insofar as they pertain to the operation of the Landfill. The
records shall show the type, weight, source and volume of solid
waste received; deviations made from the plan of operation; those
parts of the Landfill currently used; and receipt records. Such
reports shall be prepared on a quarterly basis and shall be sent to
the County with the payment required pursuant to Paragraph 6
hereof.
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(b) Annual Report. Chambers shall prepare and furnish
to the County an annual report which shall provide a summary of the
information required in the quarterly report.
(c) Annual Certificate. Chambers shall prepare and
furnish an annual certificate of its Landfill operations showing
annual tonnages and receipts issued by an officer of Chambers with
copies being furnished to the County. Chambers shall deliver such
certificate no later than April 1 of each year. To the extent
allowed by law the County will hold in confidence and not disclose
nor use any information furnished or disclosed to it without the
express written approval of Chambers, treating such information in
the quarterly reports, annual reports and annual certificate with
the same degree of care and confidentiality with which it treats
its own proprietary information. All information of an
environmental nature concerning this facility will be made
accessible to the public.
8. Operation.
(a) Landfill Rules and Regulations. Chambers reserves
the right to make, amend and enforce reasonable rules and
.regulations concerning the operation of the Landfill, the conduct
of the drivers and others on the Landfill premises, and any other
matters necessary or desirable for the safe, legal and efficient
operation of the Landfill. Chambers may refuse to accept any waste
which does not conform to any applicable law, regulation, rule or
permit condition., or that is hazardous or toxic, even if only a
part of the waste load is nonconforming.
(b) Inspection of waste. Chambers' personnel will
visually inspect all solid waste at the gate, or on the working
face, of the Landfill, as Chambers deems necessary, before the
vehicle is allowed to leave the Landfill. In the event that
Chambers detects unacceptable waste at the Landfill, the party
delivering such waste shall be responsible for its removal and all
costs associated with its removal and disposal. Chambers shall
have the right to refuse to accept waste delivered by parties who
have knowingly or repeatedly violated the Landfill operating rules.
Chambers shall refer to the proper authorities any person or
company acting in violation of any laws, rules or regulations
applicable to Chambers' operations.
(c) Days and Hours of Operation. The Landfill shall be
open on Monday through Saturday, with the exception of New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day
and Christmas Day. Hours of operation shall be from dawn to dusk
or twelve (12) hours per day, whichever is greater, subject to the
Landfill's permit. Changes in said hours shall be made upon
request by Chambers with the consent of the County Administrator,
which said consent shall not be unreasonably withheld.
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(d) Complaints. All complaints received by the County
will be referred directly to Chambers and shall be answered in
writing within seven (7) days and a copy of each such response
shall be furnished to the County.
(e) Safety and Security.
(1) Site .Access and Traffic Flow. Access to the
Landfill shall be limited to a single public access point. This
access point will be equipped with a gate which ,shall be closed and
locked during non -operating hours. Access will be further
controlled by personnel in the scalehouse which will be located
inside the gate. Chambers shall be responsible for initial
screening of solid wastes to determine the appropriate disposition
within the Landfill; chemical sensors may be used to assist this
determination for commercial and private loads as deemed necessary
by Chambers. There will also be a video record made of all
entering vehicles; Chambers will also provide appropriate video
security.
Traffic flow shall be regulated by adequate
signing. Private cars and pickup trucks shall be directed to a
special disposal area away from the.active Landfill.
To the extent permitted by law the County shall
have the right to designate the access to the Landfill to such
rural paved road or roads that it deems best, provided that there
is always one reasonable route into the Landfill.
(2) Trash and Debris Control. All putrescible
solid waste will be compacted and covered as soon as practicable
after it is dumped. Cover will be applied as necessary and not
less than daily..
The entire working Landfill site will be
enclosed by either a fence, berm or wooded buffer;, and appropriate
steps will be taken to reduce or eliminate blowing trash. Loose
debris will be picked up not less than daily.
(3) Fuel Storage. All fuels stored at the Landfill
shall be maintained in approved corrosion resistant above ground
storage tanks. Bulk fuels shall not at any time be stored in
buildings on the site.
(4) County Inspection. The County, or its
designee, shall have the right to inspect the operation of the
Landfill and its records during normal business hours and the
County, at its option, may provide a full-time or part-time on -site
inspector who shall have access to the Landfill during business
hours or accompanied by the Landfill Manager after regular hours.
Chambers shall use its best efforts to notify the County when the
monitoring of well samples is being conducted, shall furnish split
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samples to the County from such sampling, and will provide the
County copies of results of such sampling.
9. Compliance with Laws. Chambers shall operate the
Landfill in compliance with all applicable laws, regulations and
permit conditions, including the ,provisions of Senate Bill ill.
The applicable State and Federal Agencies shall be the exclusive
regulators of the Landfill and its operations. If the State shall
mandate that the County be permitted to enact regulations which do
not duplicate or which are not inconsistent with the applicable
State and Federal regulations, then the County may do so provided
that such regulations are not inconsistent with this contract.
Chambers agrees to comply with all applicable DSWM and EPA
regulations regarding closure procedures.
In the event that Chambers is notified by the DSWM or the
EPA of any violation of applicable laws, regulations or permit
conditions at the Landfill, Chambers shall so notify the County and
shall promptly and diligently cooperate with such regulatory agency
and take other reasonable actions in an attempt to cure the
violation. Chambers shall be subject to compliance with all other
applicable laws, regulations., rules and ordinances which govern the
operation of all businesses generally in the County.
In order to assure compliance Chambers agrees to provide
a camera at the gate or scales to photograph each vehicle entering
the Landfill.
10 Economic Development. Chambers will cooperate with
developers and County- Officials to encourage industrial development
around the landfill and recycling facilities. Chambers will use
its best efforts to develop a minimum waste stream of six hundred
(600) tons per day in the regional County area.
11. •Citizens Advisory Board. There will be appointed by the
County a Citizens Advisory Board of four (4) citizens and an
employee of Chambers to review and comment on the operation of the
Landfill. The manager of the Landfill, or his assistant, will be
a member of that Board and Chambers will use its best efforts to
meet all such reasonable concerns or suggestions that this Board
shall voice.
12. Nondiscrimination. In its performance hereunder,
Chambers shall not discriminate against any person because of race,
sex, creed, color, religion or national origin. All solicitations
or advertisements for employees will state that Chambers is an
equal opportunity employer. This provision shall be included in
every subcontract or purchase involving consideration in excess of
Ten Thousand and No/100 Dollars ($10,000.00). In addition,
Chambers agrees to grant a preference in hiring to current County
landfill employees and County residents provided that they meet
Chambers' pre —hire qualifications.
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13. Insurance and Indemnification. Chambers shall at all
times during this Agreement maintain in full force and effect
adequate insurance and financial assurances required by applicable
laws, rules and regulations, and the insurance coverages listed
below in at least the limits specified below:
Workers' Compensation
Bodily Injury Liability
Except Automobile
Property Damage Liability
Automobile Bodily
Injury Liability
S 0
Statutory
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each person
Chambers hereby agrees to indemnify and hold harmless the
County from all claims, demands and actions, legal or equitable,
including reasonable attorney's fees, arising from Chambers'
design, construction, operation, maintenance, monitoring and
closure of the Landfill. However, .Chambers shall not be liable for
any suits, :actions, legal: proceedings, .claims, demands, damages,
costs, expenses and reasonable attorney's fees; arising out of
willful or negligent acts or omissions of the County, its officers,
agents, servants, employees and residents.
14. Facility Closure. Monitoring and Maintenance. In
accordance with DSWM Regulations, G.S. 130A-309..27, related to
facility closure, monitoring and maintenance, Chambers shall either
establish and maintain the required proof of financial
responsibility with DSWM or shall establish and .maintain a landfill
escrow account, as Chambers and DSWM shall agree, sufficient to
meet DSWM regulations for closure of the landfill in any current
year and to maintain and monitor it for a period of thirty (30)
years following closure. These amounts and methods of assurance
shall be determined and maintained in accordance with DSWM
regulations. Chambers shall provide the County copies of all
filings and correspondence with DSWM related to the Landfill
closure, monitoring and maintenance.
15. Amount of Waste Received. Chambers agrees that it will
not accept more than an average of seven hundred fifty (750) tons
per day of Acceptable Waste, as defined in Paragraph 3 hereof,
during the first year of operation of the Landfill (the "Base
Amount"). Beginning with the second year of operation of the
Landfill, and annually thereafter, the Base Amount shall be subject
to increase by ten percent (10%) per year, up to a maximum average
of fifteen hundred (1500) tons per day, unless otherwise mutually
agreed upon by the parties. The average tons per day shall be
calculated on a quarterly basis based on the number of days in each
quarter.

16. Area of Service. Chambers agrees to market the services
of the Landfill to other municipalities, counties, and other
sources of solid waste in accordance with the following priorities:
(i) municipalities, counties and sources surrounding the County and
(ii) municipalities, counties and sources located in North Carolina
and South Carolina.
Chambers agrees not to accept waste generated outside of
North Carolina and South Carolina.
17. Transferability of Agreement. No assignment of this
Agreement or any right accruing under this Agreement shall be made
in whole or in part by Chambers other than to a subsidiary of
Chambers without the express written consent of the County; which
consent shall not be unreasonably withheld.
18. Breaches and Defaults. In the event of default under
this Agreement, the non -defaulting party shall have the right, but
not the obligation, to cure such default, including the right to
offset said costs of curing the default against any sums due or
which become due to the defaulting party under this Agreement.
Such non -defaulting party shall use the most economically
reasonable method of curing any such defaults.
-- This Agreement may be terminated by the County in the
event of a breach that has not.been cured within ninety (90) days
of written notice thereof being sent to Chambers .by the County.
Breach shall mean a material failure to comply with any of the
provisions of this.Agreement, the permits under which the Landfill
will be built or applicable local, state or federal law. Breach
will also include the insolvency of Chambers, such insolvency to be
established by the filing of either a voluntary petition in
bankruptcy showing Chambers as the debtor or an involuntary
petition that is not dismissed within one hundred eighty (180)
days.
In the event of a breach and the appropriate notice
thereof to Chambers by the County, the 90-day cure period will be
extended for so long as Chambers is actively and continuously
pursuing a course of action which will reasonably lead to a curing
of that breach.
19. Force Maieure. Any delay or failure of performance by
either party shall not constitute a default hereunder or give rise
to any claims for damages if and to the extent that such delay or
failure is caused by an act, event or condition beyond the party's
reasonable control and adversely affecting its ability to perform
its obligations hereunder, including but not limited to:
(a) Acts of God, lightning, earthquake, fire, severe
weather conditions, epidemic, landslide, drought, hurricane,
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tornado, storm, explosion, failure of utilities, flood, nuclear
radiation, act of a public enemy or blockade, insurrection, riot or
civil disturbance, strike or labor disturbance, or interference by
third parties with landfill operations, or
(b) (i) condemnation or other taking by any government
body;
(ii) change in any applicable law, regulation, rule,
ordinance or permit condition, or the interpretation or
enforcement thereof which substantially limits acceptance of
waste at landfills;
(iii) any order, judgment, action or determination
of any Federal, state or local Court, administrative agency or
government body affecting the construction or operation of the
Landfill or the right or the ability of Chambers to receive
waste at or of the County to deliver waste to the Landfill; or
(iv) the suspension, termination, interruption,
denial or failure of renewal or issuance of any permit,
license, consent, authorization or approval.
A party whose performance is affected by any such
event shall give written notice thereof to the other party as soon
as it is seasonably practicable and further shall attempt
diligently to remove such condition.
20. Notices. Any notice required under this Agreement shall
be made either by personal delivery or by registered or certified
mail, return receipt requested, and shall be deemed given upon
personal delivery or upon receipt. Notices shall be given to the
parties at the following addresses:
To Chambers: Chambers Development of North
Carolina, Inc.
10700 Frankstown Road
Pittsburgh, Pennsylvania 15235
Attn: John G. Rangos, Sr.,
President
With a copy to: Chambers Development of North
Carolina, Inc.
3200 Highlands Parkway
Suite 400
Smyrna, Georgia 300.82
Attn: Southern Regional Vice
President
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To the County: County Manager
Anson County Courthouse
Wadesboro, North Carolina 28170
With a cow to: Utilities Director
907 North Washington Street
Wadesboro, North Carolina 28170
With a copy to: George C. Bower, Jr.
County Attorney
Ill East Wade Street
Wadesboro, North Carolina 28170
Either party may change the location or individuals for
receipt of notices hereunder by providing written notice to the
other party as aforesaid.
21. Governing Law. This Agreement shall_be governed by the
laws of the State of North Carolina without regard to its
principles related to conflict of laws.
22. Waiver. No waiver or breach of any of the covenants
contained in this -Agreement shall be construed as a waiver of any
prior or succeeding breach for the same covenant or any other
covenant of this Agreement.
23. Modification. No modification, release, discharge or
waiver of any provision hereof shall be of any force or effect,
unless in writing signed by both parties hereto.
24. Severability. If any term, covenant or provision of this
Agreement shall be to be invalid, illegal or unenforceable in
any respect, this Agreement shall remain in effect and be construed
without regard to such.
25. Binding Effect. This Agreement constitutes the entire
understanding between the parties and shall be binding upon both
parties hereto, their successors, representatives and assigns.
26. Good Faith. The County and Chambers shall use good faith
in all actions governed or imposed by this Agreement. The County
agrees to not attempt to take the Landfill by condemnation or
similar action, and neither party shall take any actions during the
term of this Agreement that would adversely affect either party's
rights or ability to perform hereunder.
27. Headings. The headings used herein are for the
convenience of the reader and shall not be deemed to modify or in
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any way affect any of the covenants, terms and conditions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date set forth hereinabove.
ATTEST:
By:
Title:
Executive Vice President
(SEAL) Secretary
ATTEST:
By: 0� & 6-o-4
_•;tie• Cl�rac ii �oa(�!
CHAMBERS DEVELOPMENT NORTH
CAROLI ,
By:
Title:
ANSON CO 7TY
By
Title: n++
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