Agenda - 04-08-2008-4 - Laserfiche WebLink

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D The County will ion no event -be required to use assets or funds other than thane of the System to fulfill its obligations under •thi:s Agreement other than its obligations under Part 2. Reaervatian of Couaty~a rights. Notwithstanding any provision of ' the Solid Waste Management Plaa and Policies or this Agreement to the contrary, the County will in all events be entitled to .operate the• System and all its facilities, and may adjust any and all rates, fees anal charges, as it may in its reasonable discretion deem. reasonably necessary (1) to comply with any req~irements'of any applicable law or regulation ar nay court order, administrative decree or•similar~arder of any judicial or regulatory authority, •(2) ~ta comply with the requirements of any contracts, instruments or other agreement~s•at any time securing Outstaadiag~~System •Debt, or (3) to pay• costs of remediati.ng any adverse environmental conditions at.•any time existing with respect to the S~-stem. 5. The Graeae Tract will remain a landfill asset. Sixty acres o€ the Greene Tract will•be reserved for Bolid waate~manageareat purposes, as~d the three owners will work together to determine the ultimate use of the remainder. The Parties agree that the Greene Tract remains a landfill asset. Chapel Hill, Carrbaro and the County (the "Greece Tract Owners") will .transfer to the County title to that portion of the Greene Tract described on Exhibit E, which contains approximately sixty acres. The County may use .the property. described on Exh'ibit• E far System purposes. The County states its current intention not to bury mixed solid waste or construction and•demoli.tiari waste on _any portion of the Greene Tract. The County states• its recommendation to future Coe~aty Governing Boards that the County make no such busi.al. • • The deed to this property will include a restriction prohibiting the use of the property•described on Exhibit 8 far•buryiag mixed solid waste or~constructi.on and demolition waste. This restriction becomes affective at the same •ti.me that the zoning cYiaage described i.n the next paragraph is effective; and it will remain effective so long as zoning remains effective which allows solid waste management uses, other than burial of mixed .so~.id waste or constructi.an sad demolition waste, .as permitted 'uses•as described is the next paragraph. ~,~ Chapel• Hill agrees to commence, sad states its current intent to complete, the process to "make solid waste management uses not • including burial of mixed solid waste or construction and demolition• waste, but expressly including, but not limited to, a solid waste • transfer facility and a materials recovery facility, .uses of the p