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3' <br />STATE OF NORTH CAROLINA <br />THE COUNTY OF ORANGE <br />AGREEMENT FOR SERVICE ON <br />PRIVATE PROPERTY <br />An agreement for operation of a public recycling drop-off site on private property dated <br />this day of , 2001 by and between The County of Orange (hereinafter <br />referred to as "County" and University Mall Properties, LLC, by and through Kane <br />Realty Corporation, its Managing Agent, hereinafter referred to as "Owner", <br />WHEREAS the County operates recycling programs within Orange County for all of its <br />citizens, and <br />WHEREAS the Town of Chapel Hill, and subsequently Orange County, has operated a <br />drop-off recycling site at University Mall since 1991, and <br />WHEREAS, the previous Mall Management promoted the site as part of the overall <br />advertising for the University Mall, and <br />WHEREAS the parties, for their mutual benefit, desire to allow use of the Owner's <br />property to facilitate public recycling services. <br />WITNESSETH <br />IT IS THEREFORE AGREED BETWEEN THE PARTIES AS FOLLOWS <br />1. The Owner shall grant the County a right of use allowing operations of a drop-off <br />recycling site on the above-described property of the Owner to provide public <br />recycling service. Owner reserves the right to designate the location of the site on its <br />property. (see attached site drawing for agreed on location) <br />2. The County may provide collection bins for the public and collect recyclable <br />materials deposited therein including, but not limited to, corrugated cazdboazd, phone <br />books, glossy magazines, mixed paper, newspaper, metal cans, glass bottles and jars, <br />and plastic bottles. <br />3. The County shall assist in keeping the site free of litter and excessive dumping by <br />providing cleaning service at the site at least three times each week from Monday <br />through Friday, excepting County holidays including New Yeaz's Day, Martin Luther <br />King's Birthday (celebrated), Good Friday, Memorial Day, July 4 (celebrated), Labor <br />Day, Thanksgiving Day, Christmas Day and the day after Christmas. Cleaning shall <br />include removal of litter and any dumped or blown man-made materials from the <br />ground on the recycling site and for ten feet off the concrete pad, or appearing to <br />originate from the recycling operation, to the front of all fencing, in all directions. <br />(see attached site drawing for reference) <br />