HomeMy WebLinkAboutAgenda - 04-17-2001-8gs
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 17, 2000
Action Agenda
Item No.
SUBJECT: University Mall Rec i~cling Drop-O_ff Site Agreement
DEPARTMENT: Solid Waste PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Draft Agreement Gayle Wilson 968-2885
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-0501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To provide a reimbursement to the owners of University Mall for expenses in
relocating the previous recycling drop-off site and to assure that this site may be utilized by
Orange County Solid Waste until January 30, 2015.
BACKGROUND: In 1991, Chapel Hill Solid Waste located a recycling drop-off site on
University Mall property. Since that time, the site has become the most heavily used (both
users and tonnage) of all the recycling sites throughout the county, and the mall has been a
generous host for nearly 10 years. The County's only expenses relative to this site have been
the original site development cost and two parking lot surface repairs.
In 1999, staff began working with Mall representatives on relocation options for the drop-off site
due to a major mall development project that required the use of the original location.
Ultimately, a new location was identified that was mutually agreeable to the Mall, Solid Waste,
and the Town. A drawing of the new location is attached to the draft contract.
The new mall site opened this past fall and has been operating very successfully. Just recently,
staff has been provided the final costs for construction and believes the County is ready to
complete the necessary agreement.
FINANCIAL IMPACT: Total cost for construction is $14fi,231.80. The original agreement was
for Solid Waste to reimburse the Mall in equal installments over aten-year period. Eight
thousand dollars was budgeted in the FY 2000/01 Solid Waste budget. Due to the amount of
the final cost, staff negotiated a longer payment period (15 years) so that the annual payments
could be lower. The agreement now provides an $8,000 first year payment, with 14 additional
annual payments of $9,873.70.
RECOMMENDATION(S): The Manager recommends that the Board approve the Agreement
with University Mall Properties, LL.C and authorize the Chair to sign the agreement subject to
final review by Staff and the County Attorney.
3'
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 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.
WITNESSETH
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 cazdboazd, 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 Yeaz'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 pazent corporation, subsidiaries, officers, directors, shazeholders, 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 aze related to the County's operation of recycling services on the Owner's
property.
S. 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 aze
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 azeas, regardless of the presence of
the recycling site, shall nat 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 far 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.
1 U. 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 azea 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 far 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 casts 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 yeaz payment of $8,000, and
b) annual payments thereafter of $9,873.70
The annual fee shall be payable in January of each yeaz, 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
f rst date written above.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
COUNTY:
BY:
Stephen H. Halkiotis, Chair
OWNER: University Mall Properties, LLC
By and through Kane Realty Corporation, its
Managing Agent
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 Boazd 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.
WITNESS my hand and official seal, this the day of 2001.
Notary Public
My Commission expires:
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