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Home My WebLink About2001 NS Solid Waste - Lease Agreement No-fee License Agreement for Carrboro Plaza Recycling Center (2)State 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 day of , 2001 by and between The County of Orange (hereinafter referred to as "County" and Carrboro Belman, SC LP 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 dba Orange Community Recycling, operated a drop -off recycling site at Carrboro Plaza from 1991 through 1996, 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 use of the Owner's property to facilitate public recycling services. WITNESSETH IT IS THEREFORE AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. The Owner shall permit the County to operate 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, 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 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 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, then the next weekday after the missed scheduled date will be the alternate pick up date. Cleaning by the County (Wednesdays and Fridays) and the Town of Carrboro (Mondays). In addition to the foregoing, if materials are 4 deposited in the general area of the recycling bins at any other time, the County shall clean such areas within 24 hours after notice by Owner's representative to the County. 4. The County shall respond to telephone or other requests from the Owner or its representatives to clean up the site within 24 hours of any working day (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 collections of all recyclable materials to prevent overflow of material. 7. The County shall be responsible for all construction and maintenance costs associated with development of the recycling site at Carrboro Plaza including paving, fencing of the site, marking of the site and site signs per the attached drawing. 8. The County may, in its sole discretion maintain insurance against liability to third parties with policy limits of not less then $2,000,000 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. 9. The County shall be responsible for annual maintenance costs associated with operation and upkeep of the recycling drop -off site, except where such maintenance costs are caused by the Owner or Owners representatives 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. 10. 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 representatives 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. 4 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. 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. 13. 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. 14. This agreement is effective on the date first written above and will remain in effect, unless cancelled by either party, until December 31, 2011. If construction of the Center is not completed by Solid Waste on or before December 31, 2002, Carboro Belman reserves the right to terminate this agreement. 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. To the County: Solid Waste Management Director Carrboro Belman SC LP County of Orange c/o Advantis Real Estate Services Company P.O. Box 17177 6320 Quadrangle Dr, Suite 360 Chapel Hill, NC 27516 Chapel Hill, NC 27514 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. 14161 "N' John Link, County Manager PROPERTY OWNER: ATTEST: Beverly A. Blythe, Clerk 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 I, , 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 John Link, Manager, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2000. Notary Public My Commission expires: STATE OF _ COUNTY OF a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of 2000. Notary Public My Commission expires: