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c <br />• <br />STATE OF NORTH CAROLINA ) <br />COUNTY OF LEE ) <br />FRANCHISE AGREEMENT <br />This Franchise Agreement, made and entered into on the day of <br />2009, by and between the County of Lee, one of the <br />counties of the State of North Carolina and a body both politic and corporate, <br />herein after called the Grantor and Michael W. Barbour, Johnny B. Knight, both <br />of whom reside in Lee County, North Carolina, and also with Northwest Pocket <br />LCID, LLC, a limited liability company organized and existing under the laws of <br />the State of North Carolina, with its principal office in Lee County, North Carolina, <br />all of whom are herein collectively called the Grantees. <br />RECITALS <br />• <br />WHEREAS, the Board of Commissioners of Lee County (Board) at its <br />regular meeting on October 20, 2008, and at its regular meeting on November 3, <br />2008, took action to authorize a franchise for a landfill for land clearing and inert <br />debris (LCID) to Messer's Barbour and Knight and the Northwest Pocket LCID, <br />LLC_and <br />WHEREAS, the applicants have worked to meet the requirements of the <br />County's Unified Development Ordinance and its Landfill Ordinance, the <br />notificationrequirements of the North Carolina Department of Environment and <br />Natural Resources (NCDENR), and <br />WHEREAS, the applicants represent that they are in compliance with all <br />known requirements, and <br />WHEREAS, the Solid Waste Superintendent has reported that the <br />county's landfill requirements have been met-, and <br />WHEREAS, the Planning and Development Department has issued its <br />official notice approving this project for planning and zoning purposes only: and <br />WHEREAS, a Franchise Agreement in accordance with the Resolution <br />adopted by the Board has been drafted, and <br />WHEREAS, the parties hereto agree as follows - <br />• <br />