2021-171-E Solid Waste-RLSL Walters Properties lease agreement

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DocuSign Envelope ID: DAA01C95-F14F-43BA-B8B1-084908696BOE OWNER: COUNTY: RLSL Walters Properties,LLC Department of Solid Waste Attn: Roland L. Walters Attn: Robert Williams 7119 High Rock Road P.O. Box 17177 Efland,NC 27243 Chapel Hill,NC 27516 10. Parties. This lease shall be binding and shall inure to the benefit of the parties and their heirs, successors, and assigns. 11. Entire Agreement. This lease contains the entire agreement of the parties and there are no other representations, inducement or other provisions except as set forth herein. All changes, additions or deletions hereto must be made in writing and signed by the parties. Any provision of this lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this lease. The waiver by the County or the Owner of any breach by the other of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. 12. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Owner affirms that Owner and any subcontractors of Owner are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Owner certifies that Owner has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Owner certifies that Owner has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. 13. Non-Appropriation. The Owner acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event, that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement,then this Agreement shall automatically expire without penalty to County immediately upon written notice to the Owner of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement,but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions,by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to the Owner of such limitation or change in County's legal authority. [SIGNATURES ON FOLLOWING PAGE]