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WHEREAS, Participating Owner desires to avail itself of the services provided by <br /> <br /> Contractor and thereby participate in City's Shopping Cart Retrieval Program <br /> <br /> (hereinafter defined); and <br /> <br /> WHEREAS, City is willing to permit Participating Owner to participate in the <br /> <br />Shopping Cart Retrieval Program, subject to the terms and conditions hereof; <br /> <br /> NOW, THEREFORE, the parties hereto agree as follows: <br /> <br /> 1. Definitions. For purposes of this agreement, the following defined words <br /> <br />and terms, shall have the meanings respectively ascribed thereto: <br /> <br /> a. "Abandoned Shopping Cart": A Shopping Cart which has been removed from the <br /> Premises of Participating Owner without Participating Owner's written consent, <br /> irrespective of whether the Shopping Cart is located on private or public property; <br /> provided, that Shopping Carts which are removed from said Premises for <br /> purposes of repair or maintenance and which are in the possession or custody of <br /> the party to whom they have been released, shall not be deemed abandoned; <br /> provided, further, that a Shopping Cart located on private property owned or <br /> occupied by the person who has been granted written permission by Participating <br /> Owner to have possession thereof for a period not to exceed seventy-two (72) <br /> consecutive hours, and which Shopping Cart is not visible at street or ground <br /> level from the public property adjacent to such private property, shall not be <br /> deemed Abandoned. <br /> <br /> b. "Center": City's Public Works Services Center, located at 1400 Broadway, <br /> Redwood City, CA 94063. <br /> <br /> c. "City": Hereinabove defined. <br /> <br /> d. "Contractor": The person or entity or entities with whom or which City has <br /> entered into an agreement or agreements for the retrieval of Abandoned <br /> Shopping Carts, or who or which has otherwise been authorized by City to <br /> retrieve Abandoned Shopping Carts, including the Contractor(s) with such <br /> agreements effective upon the date of this agreement and any and all <br /> successors to said Contractor(s). <br /> <br /> e. "Director": The Director of Community Development, or his or her designee. <br /> <br /> f. "Holidays": The Thursday in November appointed as Thanksgiving Day in the <br /> State of California; December 25, and January 1. <br /> <br />F:Atty2001 S ha red/Redwood/Council/Agmt/Ag mt-519 2 <br /> <br /> <br />