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Home My WebLink About2001 S Solid Waste - University Mall Recycling Drop-off Site AgreementState of North Carolina The County of Orange Agreement for Service on Private Property An agreement for operation of a public recycling drop -off site on private property dated this 17'' day of April, 2001 by and between The County of Orange (hereinafter referred to as "County" and University Mall Properties, LLC, by and through Kane Realty Corporation, its Managing Agent, hereinafter referred to as "Owner ", WHEREAS the County operates recycling programs within Orange County for all of its citizens, and WHEREAS the Town of Chapel Hill, and subsequently Orange County, has operated a drop -off recycling site at University Mall since 1991, and WHEREAS, the previous Mall Management promoted the site as part of the overall advertising for the University Mall, and WHEREAS the parties, for their mutual benefit, desire to allow use of the Owner's property to facilitate public recycling services. WITNES SETH IT IS THEREFORE AGREED BETWEEN THE PARTIES AS FOLLOWS 1. The Owner shall grant the County a right of use allowing operations of a drop -off recycling site on the above- described property of the Owner to provide public recycling service. Owner reserves the right to designate the location of the site on its property. (see attached site drawing for agreed on location) 2. The County may provide collection bins for the public and collect recyclable materials deposited therein including, but not limited to, corrugated cardboard, phone books, glossy magazines, mixed paper, newspaper, metal cans, glass bottles and jars, and plastic bottles. 3. The County shall assist in keeping the site free of litter and excessive dumping by providing cleaning service 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. Cleaning shall include removal of litter and any dumped or blown man -made materials from the ground on the recycling site and for ten feet off the concrete pad, or appearing to originate from the recycling operation, to the front of all fencing, in all directions. (see attached site drawing for reference) 4. The County shall respond to telephone or other requests from the Mall to clean up the site within 24 hours of a working day (Monday- Friday) when a call is received, except for County holidays and weekends. 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 collections of all recyclable materials to prevent overflow of material. 7. The County shall maintain insurance against liability to third parties for damage, loss or injury to third parties from operations of the County's recycling services on the Owner's property, and shall, to the extent allowed by law, indemnify and hold Owner its parent corporation, subsidiaries, officers, directors, shareholders, agents harmless from and against any and all claims, liabilities, actions, suits, expenses (including court costs and reasonable attorneys' fees) resulting from injuries to or death of any person or damage to any property occurring on Owner's property which arise out of or are related to the County's operation of recycling services on the Owner's property. 8. The County shall be responsible for all annual maintenance costs associated with operation at the recycling site up to the boundary of the concrete pad and site fencing and upkeep of the recycling drop -off site, except where such maintenance costs are caused by the Owner or Owners representatives or Mall customers using facilities other than the recycling site. Perimeter landscaping required for the Mall's redevelopment permits or required planted buffer areas, regardless of the presence of the recycling site, shall not be included in any maintenance by the County. 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 of its intent to temporarily suspend service at least 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 may secure the site with an additional temporary barrier of its choosing during suspension of service and shall use its security personnel to assist in deterring use of the site during the period in which service is suspended. 11. The Owner shall properly maintain the approaches to the area on which the recycling services are operated and shall keep the approaches free from obstructions and litter and clear for public recycling drop -off operations. 12. 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. 13. The Owner, using its on -site security personnel, shall use its best efforts to enforce restrictions against illegal dumping at the site and assist the County, when possible, in site cleanup as possible using its Mall maintenance personnel. 14. In consideration for use of the University Mall for recycling drop -off, the County shall compensate the Owner for construction costs of $146,231.80 incurred to develop the recycling site. The total value of construction shall be determined by the Owner based on the actual costs they incur to construct the recycling site. These costs shall include any landscaping and specific lighting costs incurred as a consequence of the relocation of the recycling site. If the landscaping and lighting was required, regardless of the presence of the recycling site, then the cost shall not be included in the total referenced above. The following payment schedule is agreed: a) a first year payment of $8,000, and b) annual payments thereafter of $9,873.70 The annual fee shall be payable in January of each year, with the last payment to be made in January 2015. 15. This agreement is effective on the date first written above and will remain in effect, unless cancelled by either party, until January 30, 2015. 16. This Agreement constitutes the entire Agreement of the parties hereto and shall be amended only by written modification by both parties. 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. COUNTY: BY: Step en . Halkiotis, Chair OWNER: University Mall Properties, LLC By and through Kane Realty Corporation, its Managing Agent WW62D A. OLAVIV- - (�REsrOE i ATTES Beverly A. lythe, Cle to the Board WITNESS: This - instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director STATE OF NORTH CAROLINA ORANGE COUNTY PaC �a , a Notary Public for said County and State, do hereby certify that Beverly A. Blythe 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 Stephen H. Halkiotis, Chair, sealed with its official seal, and attested by herself as its Clerk. 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