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<br />3G -If <br /> <br />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 />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. <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 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 entered <br />into an agreement or agreements for the retrieval of Abandoned Shopping Carts, <br />or who or which has otherwise been authorized by City to retrieve Abandoned <br />Shopping Carts, including the Contractor(s) with such agreements effective upon <br />the date of this agreement and any and all successors to said Contractor(s). <br /> <br />e. "Director": the Director of Community Development, or his or her designee, <br />including, without limitation, the Contractor. <br />f. "Holidays": the Thursday in November appointed as Thanksgiving Day in the <br />State of California; December 25, December 31, and January 1. <br /> <br />2 <br /> <br />Agmt-322 <br />DES:rg <br />F / s hared/shared/Redwood/Counci I <br />02/07/00 <br /> <br />>~'h'>" ""~>T <br />