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Agenda Package - 04-04-11
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Agenda Package - 04-04-11
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6/20/2011 2:48:03 PM
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6/20/2011 2:44:42 PM
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Board of Commissioners
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015 <br />in the portion of Lee County which lies east of the right -of -way of U.S. Highway No. 1 <br />--- _as- it- prese nti`y- exlSt`, f.?. r- a- term_.e. hinF�__�hall_end_a{_the_firct_h a p pe n in e <br />following events: <br />1. Until the landfill is filled to the capacity specified in the application for this <br />franchise. <br />2. Until some official of the State of North Carolina with regulatory authority with <br />respect to landfill issues an order requiring the closing of the landfill. <br />3. Until the Superintendent of Solid Waste of Lee County issues a notice to <br />close the landfill and cease operations. <br />4. If the landfill is closed and not open to the public for thirty (30) continuous <br />days. <br />5. If the annual application fee is not paid within ten (10) days following the due <br />date thereof. <br />6. The lapse of ten (10) years from the date of this Franchise Agreement. <br />The foregoing conditions and the first to occur shall terminate the franchise in it's <br />entirely. The following relates to the exclusive nature of the franchise: <br />Grantee understands and agrees that the grant of exclusive rights in connection <br />with this franchise is personal to the limited liability company who is the Grantee and if <br />the Grantee should sell, assign, transfer, convey or otherwise alienate, whether <br />voluntarily or involuntarily or by operation of law (other than the exceptions set out <br />• below) the site of the landfill or any part thereof, any interest in the franchise or the <br />limited liability company named as the Grantee, then the Grantor, at its own option, may <br />declare the exclusive nature of the franchise to be terminated and no longer applicable <br />to this franchise. In other words the right to operate the landfill will continue but the right <br />to be the only LCID Landfill in the portion of Lee County which lies east of the right -of- <br />way of U.S. Highway No. 1 could be lost at the option of the County acting by and <br />through its Board of Commissioners. <br />The following transactions are exempted from the forgoing limitations: <br />(a) Any transaction which is submitted to the Board in writing prior to its <br />execution and which is approved by a majority vote of the Board and <br />which is then executed in strict compliance with the terms of approval. <br />(b) A transfer by devise, descent, or operation of law. <br />The remainder of this page was intentionally left blank <br />• <br />
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