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Home My WebLink About2011-382 SW - Carrboro Shopping Center LLC for recycling services on private property � _Please return this copy to the Clerk to the Board's -Z_ office for permanent agenda files — `S� fJ E State of North Carolina Agreement for Recycling Services on Orange County Private Property j 1 An agreement for operation of a public recycling drop-off site on private property dated this 31 st day of December,2011 by and between Orange County(hereinafter referred to as"County") and Carrboro Shopping Center 1,LLC (hereinafter referred to as"Owner"), WHEREAS the County operates recycling programs within Orange County for all of its citizens, and WHEREAS the Orange County has,operated a drop-off recycling site at Carrboro Plaza from 2001,and WHEREAS there are no other recycling drop-off sites within the Carrboro Town limits, and WHEREAS the Owner, is the record title holder to certain real property generally described as Carrboro Plaza,located on Hwy 54W and 54 Bypass in Carrboro,North Carolina,and WHEREAS the parties, for their mutual benefit, desire to allow the continued use of the Owner's property to facilitate public recycling services. WITNES SETH IT IS THEREFORE AGREED BETWEEN THE PARTIES AS FOLLOWS: I 1. The Owner shall permit the County to operate a drop-off recycling site on the above i described property of the Owner to provide public recycling service. (See attached site drawing for agreed upon location,Exhibit A) 2, The County will provide enclosed collection bins for the public and collect recyclable materials deposited therein including, but not limited to,corrugated cardboard,phone I books, glossy magazines,mixed paper,newspaper,metal cans,glass bottles and jars, and plastic bottles. 3. The County with the Town of Carrboro shall maintain the site around the collection bins free of litter and excessive dumping by providing cleaning service at the site pursuant to the attached Memorandum of Understanding(MOU) between the Town and the County, attached to this lease as Exhibit B. In summary, cleaning shall take place at the site at least three times each week from Monday through Friday, excepting County holidays including New Year's Day,Martin Luther King's Birthday(celebrated), Good Friday,Memorial Day,July 4(celebrated), Labor Day,Thanksgiving Day, Christmas Day and the day after Christmas. However,if one of the three(3)cleaning days are missed due to the above ' holidays,the site will be serviced the next weekday after the missed scheduled date. The routine cleaning schedule by the County and the Town shall be carried out in accordance with the MOU between the County and Town. Pursuant to the MOU between the Town and the County, clean-up of the site shall extend beyond the leased premises into the area delineated on Exhibit A as"Clean up Area". I Further, should materials intended for recycling be left elsewhere on the Owner's property, Owner will notify County and County shall ensure that materials are picked up within 24 hours of notification. The Owner shall not be responsible for clean-up of any items that are being delivered or are to be delivered to the recycling drop off site. 4. The County shall respond to telephone or other requests from the Owner or its an debris within 24 hours of an working day e site remove Y e resentatives to clean u the ) r ( Y P p (Monday-Friday) a call is received,except for County holidays. 5. The County will keep all recycling containers in good working order,painted and labeled for ease of use. 6. The County shall provide regularly scheduled collection of all recyclable materials to prevent overflow of material. 7. To the extent permitted by North Carolina law,the County shall,during the entire term hereof,keep in full force and effect a policy of public liability and property damage insurance with respect to the Premises in which the combined single limit of such public liability and property damage shall be not less than$2,000,000 for damage. The policy shall name the Owner,its parent corporation, officers and/or agents,as insured and shall contain a clause,provided County can procure such a clause,that the insurer will not cancel or change the insurance without first giving Owner thirty(30)days written notice. The insurance shall be in an insurance company approved by Owner, Owner's approval not to be unreasonably withheld,and a copy of the policy or a certificate of insurance shall be delivered to Owner. County may,with the approval of the Owner,which approval shall not be unreasonable withheld, satisfy this liability insurance requirement through"self insurance" or"pooled insurance", or some combination of self insurance,pooled insurance and commercial insurance as determined by County to be in County's best interest. Owner shall have the right to withhold such approval in the event that the County's bond rating decreases from its current level. 8. The County shall be responsible for maintenance costs associated with operation and upkeep of the recycling drop-off site, except where such maintenance costs are caused by the Owner, Owners representatives,Plaza tenants or Plaza customers using facilities other than the recycling site. Perimeter landscaping required for the Plaza's redevelopment permits,regardless of the presence of the recycling site, shall not be included in any maintenance by the County. The County shall assess repair and maintenance complaints within two business days of written notice to County. Further,repairs will be made within two business days to the extent practicable and subject to availability of resources. Public safety issues will be addressed immediately. Should the County fail to perform repair and maintenance obligations at the drop-off site in accordance with this timetable the Owner may perform such maintenance obligations at the County's expense. County shall reimburse Owner for cost of such repair and maintenance within ten(15)business days following receipt of an itemized invoice for such amounts from Owner. 2 i I I ! 9. The service provided by the County on the Owner's property may be temporarily suspended for safety,or any other reason. The County will notify the Owner or its representative of its intent to temporarily suspend service at 24 hours prior to doing so. The County will be responsible for all public notification of this intent,placement of a temporary barrier to the site and will be responsible for removal of recyclable material placed at the site during the time service is suspended. 10. The Owner shall properly maintain the approaches to the area on which the recycling services are operated and shall keep the approaches free from obstruction and litter and clear for public recycling drop-off operations. The Owner shall only be responsible for prohibiting the parking of trucks, cars and other items in the approaches to the area on which the recycling services are operated. The County shall be responsible for keeping such approaches free from all other obstructions and litter and clear for public recycling drop-off operations. 11. The Owner shall hold the County harmless from any claims for damage to road surfaces, curb and gutter and underground utilities or other improvements on the property which result from these services unless such damage is caused by the County,its agents or employees. i 12. It shall be the responsibility of the Owner to ensure that all Plaza tenants maintain adequate waste disposal and recycling facilities. The Owner may inform tenants that they can deposit recyclable materials other than corrugated cardboard in the County's recycling containers. 13. Should either the County or the Owner consider the other party in default under this Agreement,they shall notify the defaulting party in writing. Should the defaulting party not cure the default within ten(10)days,the non-defaulting party shall be entitled to terminate the Agreement upon thirty(30)days written notice and thereafter neither party . shall have any further obligations under the lease. In no event shall either party be allowed to cure more than two (2) defaults in any given year. 14. This agreement is effective on the date first written above and will remain in effect,unless cancelled by either party,until December 31,2016. 15. This Agreement constitutes the entire Agreement of the parties hereto and shall be amended only by written modification by both parties. 16. County shall exercise care in maintenance of recycling container and shall repair any damage to curbs/gutters,parking areas caused by County's use of the Property. 17. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,return receipt requested to the following: I- i i To the County: To the Owner: 3 i Solid Waste Management Director Carrboro Shopping Center 1, LLC Orange County c/o Advantis Real Estate Services Company PO Box 17177 6320 Quandrangle Dr., Suite 360 Chapel Hill,NC 27516 Chapel Hill,NC 27514 18. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of,or the performance or non-performance of,this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. I IN WITNESS WHEREOF, County and Owner have executed this Agreement as of the first date written above. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals the day and year first above written. ORANGE COUNTY: CARRBORO SHOtitle R 1,LLC By: By: Frank Clifton,Co ty Manager By: Printed Na Attest: `T4w�n:o Donna Baker, C erk to the Board [SEAL] 4X7_ -- e ,h This instru t has been apw ved as to technical content. Gayle Wils ,Department Director This inst ment has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director i 4 i This i ent has been approved as to form and legal sufficiency. j- I Office of the Ounty Attorney i I STATE OF NORTH CAROLINA ORANGE COUNTY I a v �� , a Notary Public for said County and State, do hereby certify that Donna Baker personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County,the foregoing instrument was signed in its name by Frank Clifton, Manager, sealed and with its official seal,and attested by herself as its Clerk. WITNESS my hand and official seal,this the day of 2012 Notary* Public I My commission expires: �wn� 7� 20 �� OFFICIAL SEAL Notary Public,North Carolina ORANGE COUNTY DAVID HUNT STATE OF V _ My Commission Expires COUNTY OF 05, n5- COL kL allotary Public for A*ek5-C la✓kL County, ,do hereby certify that 'Z�ir�n� U�, 5� `TTL personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal this the '-j —day of r P b(L)OL/�) 201 Notary ublic i My commission expires: IA 13. schae Notary Pubft AthensCiaft County.GA i My Commission Expk a: 4.03.15 5 I Wednesday,Apr1124,2002 9;57 AM To:Gayle Wilson Front PAMELA JONES, 919.6443001 Pege'3 of 4 c "Clean Ware Q w�op� ABC ft" "1 a �� c• ,'� t r : l i I r � 1 /f 4 • L ms+�row.wr t � * �n;+emwa.wan + a + Oarrboro Pt za Recycling Drop-Off Site MOU between County and Carrboro re Recycling Center.max Wednesday,Apr9 24,2W2 9:57 AM To:Gayle W4son Fro"PAMELA JONES, 913644-3001 Paga'3 of 4 I __ Y fY "Clean up"are G . o*� i � r I J r 4 f / ROM AWOL" I i eava.exio-s e-s"D r, enm.oiw:.e a i r Carrboro Plaza Recycling Drop-Off Site i i i MOU between County and Carrboro re Recycling Center.max Wednesday,April 24,2002 9:57 AM To:Gayle Wilson from:PAMELA JONES, 919-644-3001 Page:3 of 4 x..--..- • •-[� E "Clean up" are F „ate, O t I, •D• % s D, r 1 Y NE W V w1FMYrRVU'n' ` LaeUHlF►K i rF• f� IMT'tl/!NQ tea! I '�. iawnrc Fr1Gptq WOMW - r(.•�D.I. artES.rroriEMe s Mwaeco NO�wavu. y. ,�aaagwF�cwa>� t 0 i Carrboro Plaza Recycling Drop-Off Site MOU between County and Carrboro re Recycling Center.max Wednesday,April 24,2002 9:57 AM To:Gayle Wilson From:PAMELA JONES, 919-644-3001 Page:3 of 4 i 1 a• sa "Clean up" 's j•r+ !, , V 1 C /I/ JlC10M[Jj �J' V /f/ f ` IICIp1�'l1MPUn' O�IItlI�IM wi...nxw ,sec sue. Y WPM v / i t i ' I i i Carrboro Plaza Recycling Drop-Off Site MOU between County and Carrboro re Recycling Center.max V tedne'sday,April 24,2002 9:57 AM To:Gayle Wilson From:PAMELA JONES, 919-644-3001 Page:2 of 4 copy to Solid Waste 4-24-02 o 1 , EXHIBIT B MEMORANDUM OF UNDERSTANDING REGARDING CARRBORO PLAZA RECYCLING CENTER RESPONSIBILITIES November 200 This document represents a `Memorandum of Understanding' (MOU)between The County of Orange and the Town of Carrboro. The purpose of this MOU is to define responsibilities for litter/trash pickup at and around the recycling center located in Carrboro Plaza between the Town of Carrboro Public Works Department and the Orange County Solid Waste Management Department. Fursuant to the agreement between Orange County and Carrboro Belman SC LP for operation of a public recycling drop-off site on private property,and any subsequent addendum to that agreement,specifically those sections of the agreement that relate to site cleanliness/litter pickup, the Town of Carrboro and Orange County agree to the following: •. That the County and the Town of Carrboro shall maintain the site around the collection bins free of litter and excessive dumping by providing cleaning service at the site at least three times each week from Monday through Friday,except County holidays, • That if one of the three cleaning days are missed due to a holiday,then the next weekday after the missed scheduled date will be the alternate pick up date. • That the County will'clean the site each Wednesday and Friday. • That Carrboro will clean the site each Monday. • That the area of cleaning extends beyond the Ieased premises and is defined by the attached site drawing. That Carrboro will survey the recycling center daily and notify the appropriate jurisdiction responsible for cleaning on that day of the need for additional attention to the site in order to maintain an appropriate appearance. �. That neither Carrboro nor the County will be responsible for materials improperly placed In the area of cleaning by tenants of Carrboro Plaza or by vendors making deliveries to tenets of Carrboro Plaza. Except for County holidays or weekends,the County will respond to requests from the owner regarding litter in the area of cleaning within 24 hours.Should that 24-hour period fall on Wednesdays or Fridays the County will provide the cleaning. Should the 24-hour period fall on Mondays,Carrboro will provide the cleaning and if it falls on Tuesdays or Thursdays Carrboro will notify the proper authorities and negotiate the cleaning. • Carrboro will be responsible for tipping fees related to waste materials generated as a --result of site cleaning. • That the Carrboro Police Department will investigate and pursue repeated or extraordinary instances of illegal dumping at or around the recycling center. I I - I 6 I i MOU between County and Carrboro re Recycling Center.max Wednesday,April 24,2002 9:57 AM To:Gayle Wilson From:PAMELA JONES, 919-644-3001 Page:4 of 4 I i I d - In conjunction with Town of Chapel Hill obligations under separate arrangements with Carrboro Plaza to provide security cameras at the Chapel Hill Transit Park&Ride Lot elsewhere on the Carrboro Plaza property,the Town of Carrboro will coordinate with the Town of Chapel MI to effect the installation,operation and maintenance of a pole- mounted security camera adequately positioned to provide continuous filmed surveillance of the recycling center upon receiving funding from the Board of Aldermen. The MOU will become effective upon initiation of recycling collection services by the County. AA own of Carrbor Date ;14e County Date I i i I i i i 7 I MOU between County and Carrboro re Recycling Center.max P'ednesday,April 24,2002 9:57 AM To:Gayle Wilson From:PAMELA JONES, 919-644-3001 Page:2 of 4 copy to Solid Waste 4-24-02 a EXHIBIT B N MEMORANDUM OF UNDERSTANDING REGARDING CARRBORO PLAZA RECYCLING CENTER RESPONSIBILITIES November 20 01 This document represents a `Memorandum of Understanding' (MOU)between The County of Orange and the Town of Carrboro. The purpose of this MOU is to define responsibilities for litter/trash pickup at and around the recycling center located in Carrboro Plaza between the Town of Carrboro Public Works Department and the Orange County Solid Waste Management Department. I 'ursuant to the agreement between Orange County and Carrboro Belman SC LP for operation of a public recycling drop-off site on private property,and any subsequent addendum to that agreement,specifically those sections of the agreement that relate to site j cleanliness/litter pickup, the Town of Carrboro and Orange County agree to the following: •. That the County and the Town of Carrboro shall maintain the site around the collection bins free of litter and excessive dumping by providing cleaning service at the site at least three times each week from Monday through Friday,except County holidays, • That if one of the three cleaning days are missed due to a holiday,then the next weekday after the missed scheduled date will be the alternate pick up date, • That the County will'clean the site each Wednesday and Friday. j • That Carrboro will clean the site each Monday. • That the area of cleaning extends beyond the leased premises and is defined by the attached site(4-awing. That Carrboro will survey the recycling center daily and notify the appropriate jurisdiction responsible for cleaning on that day of the need for additional attention to the site in order to maintain an appropriate appearance. J� That neither Carrboro nor the County will be responsible for materials improperly placed in the area of cleaning by tenants of Carrboro Plaza or by vendors making deliveries to tenets of Carrboro Plaza. Except for County holidays or weekends,the County will respond to requests from the owner regarding litter in the area of cleaning within 24 hours.Should that 24-hour period fall on Wednesdays or Fridays the County will provide the cleaning. Should the 24-hour period fall on Mondays,Carrboro will provide the cleaning and if it falls on Tuesdays or Thursdays Carrboro will notify the proper authorities and negotiate the cleaning. • Carrboro will be responsible for tipping fees related to waste materials generated as a -result of site cleaning. • That the Carrboro Police Department will investigate and pursue repeated or j extraordinary instances of illegal dumping at or around the recycling center. 6 MOU between County and Carrboro re Recycling Center.max