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Agenda - 04-08-2008-4
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Agenda - 04-08-2008-4
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8/29/2008 4:12:46 PM
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8/28/2008 9:57:29 AM
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BOCC
Date
4/8/2008
Document Type
Agenda
Agenda Item
4
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Minutes - 20080408
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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i e I ~3 ~- <br />other County employees. The County and Chapel Hill will develop a <br />detailed schedule comparing the total pre-transfer and post-transfer <br />campeasatioa for each System Employee. Chapel~Hill•will send a copy•of <br />the completed schedule to Carrboro. <br />Acquire System assets. The County will acquire 'all right, title <br />and interest to all Existing system Assets. Title to the Greece Tract, <br />however, shall not be conveyed to the County pursuant to this <br />paragraph; Part 5 is and. shall be the•only portion, of this Agreement <br />affecting the state of the title to the Greene Trs.ct . _ .. • . .. <br />Assume• System liab~.lities. The 'County will assume, all <br />liabilities, including environmental liabilities, related to the <br />ownership of the System, including, to the extent permitted by law, <br />•all liabilities related to the ownership of Existing System Assets <br />which have accrued or which may accrue prior to the Transfer Date. <br />.' The Parties, however, shall retain their individual liability, if , <br />any, under environmental laws cad otherw3.se, related to their <br />respective use of the System both before and after the •Transfer ~ D•ate <br />(as, for example, any liability arising from their delivering, or' <br />causing to be .delivered, Solid Waste to Systein•Management Facilities). . <br />The Parties acknowledge that~the•County's assumpti.'an of liabilities as • <br />described in the preceding paragraph shall not limit, •and is not <br />.intended to limit, the ability r5f aay governmental authority to <br />impose, or to seek to impose, environmental or .other liability . <br />dir-ectly on a Party (as, for example, any liability accruing •to the .' <br />current owners of~the Existing System. Assets as a result of their <br />status as' owners prior to the Transfer Date). The Caunty.•will not <br />assume, and by this Agreement ,does not -assume, any indebtedness of <br />Carrboro or Chapel Hill. ~. <br />_ Acqu3;re.propesty. The County shall acgv.ire real and Personal. <br />property as it deems appropriate far System purposes. There shall be <br />no restrictions on the County's acquisition of additional acreage at <br />the existing• landfill. The County states its•current•intention not to <br />acquire, and its recoirimenclation that future County Governing Boards <br />not acquire, any of the properties •lozown~ as the Blackwood and Nuxin. <br />properties for System purposes. <br />Provide far c liaace with law. The County will comply, or <br />cause•there to be compliance, with all applicable lawG, orders, rules, <br />regulations and requirements of aay governmental authority relating•to <br />the ~stem.~The County will also be generally responsible for solid . <br />waste reporting,, pl~r~~ng, regulatory compliance aad..similar matters. <br />Nothing in this Agreement; however, shall prevent .the County from <br />contesting i.n good faith the applicability or validity of any such law <br />2 <br />
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