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WHEREAS, Participating Owner desires to avail itself of the services provided by <br /> <br />Contractor and thereby padicipate in City's Shopping Cad Retrieval Program <br /> <br />(hereinafter defined); and <br /> <br /> WHEREAS, City is willing to permit Padicipating Owner to padicipate 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 /> 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 Cad": A Shopping Cad which has been removed from the <br /> Premises of Padicipating Owner without Padicipating Owner's written consent, <br /> irrespective of whether the Shopping Cad is located on private or public properly; <br /> provided, that Shopping Cads 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, fudher, that a Shopping Cad located on private properly owned or <br /> occupied by the person who has been granted written permission by Padicipating <br /> Owner to have possession thereof for a period not to exceed seventy-two (72) <br /> consecutive hours, and which Shopping Cad is not visible at street or ground <br /> level from the public properly 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 Cads, or who or which has otherwise been authorized by City to <br /> retrieve Abandoned Shopping Cads, 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:Atty2001S hared/R edwood/C ou ncil/Ag mt/Agmt-519 2 <br /> <br /> <br />