AGREEMENT
r.
r,
:l,
, ,
- -\'
'::'-1
"
Cc. : ~-r-v,~.jl,(,t.
",I
I,,: ,'",J
"
i,
'S
I
~
I
,
AGREEMENT
U.
THIS AGREEMENT, made and entered into this /4.. day of
~, 1982, by and between the CITY OF CLEARW\. TER, FLORIDA,
a municipal corporation, hereinafter called "City", and E. PALOMINO
DAIRY, INCA, a Florida corporation, hereinafter called ltContractor11;
WITNESSETH:
WHEREAS, City maintains a spray irrigation area adjoining the
Northeast Wastewater Treatment Facility; and
WHEREAS, such fields produce a crop of grasses which require
continual maintenance, harvesting and removal; and
WHEREAS, City derives a benefit from the continued maintenance
of such fields which are available as part of the spray irrigation process; and
WHEREAS, Contractor is willing to perform the maintenance
function and remove such grass crop;
NOW, THEREFORE, the parties to this agreement in consideration
of the undertakings, promises and agreements herein contained, promise
and agree as follows:
1. Area. This agreement shall apply to the 65 acre area of land
located at the Northeast Wastewater Treatment Facility as further identified
on Exhibit A, attached hereto and made a part hereof.
2. Scope of services. Contractor pursuant to this agreement
shall provide the following:
(a) Prepare land, plant and harvest hay or other cattle
feed crops on the land identified on Exhibit A.
(b) Assume maintenance responsibility of irrigation system
located on the spray fields and repair within five (5)
days of time that damage occurs any sprayhead that may
be damaged as a result of planting or harvesting operations
engaged in by Contractor.
(c) Remove all crops within four (4) weeks of harvesting.
(d) Operate identified spray fields without using fertilizers
and sewage sludge.
1'-''''
-1_
(,. ~~ II!
i '. -'-.~
I. - (/5J (/)
,",
I
I
(e) Use only those herbicides authorized by City where work is taking
place within a four foot (4') radius of any sprayhead. In
addition, Contractor shall obtain City approval prior to
adding or using any chemical on any sprayfield area.
(f) Contractor shall furnish all labor, materials, equipment
and supplies to maintain a crop on the spray fields that
is City approved.
3. City obligations. City shall have the following obligations
relating to this agreement:
(a) Us ing City irrigation system, provide water in the form of
treated effluent from the Northeast Wastewater Treatment
Facility to be sprayed on the crop.
(b) Provide an irrigation system that is in good working condition
prior to Contractor starting work under this agreement.
(c) Provide maintenance of spray pumps.
(d) Rotate irrigation of spray fields in order to facilitate
harvesting by Contractor.
(e) Provide a secure area within the fenced portion of the
treatment facility where Contractor's vehicles may be
parked.
4. Term. This Agreement shall run for a period of five (5)
years commencing on the 15th
day of
May
, 19 82
,. and
ending on the
14th
day of
May
, 19 87
, unless otherwise
terminated as provided herein.
5. Insurance. During the term of this Agreement, Contractor
shall obtain an insurance policy providing both liability and property damage
coverage which shall be applicable to Contractor's activities provided in
this Agreement. Such ]?olicy shall provide the following limits Public Bodily
Injury Liability (~300,000 each occurrence), Property vamage Liability
($100,000 each occurrence) d C"t h 11 b d " d
an 1 y S a e a name Insure .
6. Termination. City may terminate this Agreement at any time
where good cause exists upon providing ninety (90) days notice to Contractor.
In addition, where City terminates use of such fields for spray field purposes,
then, City may terminate this Agreement upon providing the notice set
out herein.
Contractor may terminate this Agreement at any time where good
cause exists upon providing thirty (30) days notice to City.
-2-
.t....
I
I
(01
7. Notice. Notice to City of Clearwater whenever required under
the terms of this Agreement shall be as follows:
City Manager, City of Clearwater
PO Box 4748
Clearwater, Florida 33518
Notice to Contractor under the terms of this Agreement shall
be as follows:
Robert E. Smith &: Evelio Palomino
d/b/a E. Palomino Dairy
366 Garden L. K. Circle
Odessa, Florida 33556
8. Law. The law of Florida shall govern the rights of the
parties under this Agreement.
9. The provisions contained herein shall constitute the entire
agreement between the parties,
IN WITNESS WHEREOF, the parties have caused their signatures
and seals to be affixed the day and year first above written,
gnod,
ayor-co!:'1sSi~ &..
By
""......
Attest:) . ' .
-,Y; . I I
l.~ ~ w --t2.t..~..-.J
City Clerk
WITNESSES:
/'Y
E. PALOMINO DAIRY, INC.
By ~~Y~t1
President
L
As to Contractor
~r:~
Secretary
(Corporate Seal)
- 3-
'.
,
I
SPRAY IRRIGATION
I
TRACT 'I.:
From the Southeast corner of the Southwest 1/4 of the Southeast 1/4
of Section 21, Township 28 South, Range 16 East, to N 00 12' 04" W,
150.01 feet; thence N 890 19' 01" W, 150.02 feet to the point of
beginning; thence cont inue N 890 19' 01 '! W, 1224.97 feet; thence
N 00 12' 04" W, 482.99 feet; thenceS 890 19' 01" E, 1224.97 feet;
thence S 0012' 04"E, 482.99 feet, to the point of beginning.
Containing 13.58 acres M.O.L.
TRACT 2:
From the Northeast corner of the Northwest 1/4 of the Southeast 1/4
of Section 21, Township 28 South, Range 16 East, go N 890 22' 43" W,
150.02 feet; thence S 00 12' 04" E, 150.02 feet to the point of
beginning; thence continue S 00 12' 04" E, 910.00 feet; thence
N 890 19' 01" W, 950.00,feet; thence N 00 12' 04" W, 320.00 feet;
thence N 890 19' 01" W, 190.00 feet; thence N 00 12' 04" W,
588.77 feet; thence S 890 22' 43" E, 1139.98 feet to the point
of beginning.
Containing 22.40 acres M.O.L.
TRACT 3:
From the Northwest corner of the Northeast 1/4 of the Northwest 1/4
of Section 21, Township 28 South, Range 16 East, go S 890 30' 25" E,
150.0:D. feet to the point of beginning; thence_ N 00 03' 20" W,
1130.00 feet; thence N 840 44' 43" E, 1062.52 feet; thence
S 00 12' 04" E, 1161.01 feet; thence S 450 38' 02" W, 598.23 feet;
thence N 61058' 25" W, 717.60 feet; thence N 0018' 10" E,
14.81 feet to the point of beginning.
Containing 32.75 acres M.O.L.
TRACT 4:
From the Northeast corner of the Northwest 1/4 of the Southeast 1/4
of Section 21, Township 28 South, Range 16 East, go N 890 22' 43" W,
150.02 feet; thence S 00 12' 04" E, 1060.02 feet to the point of
beginning; thence continue S 00 12' 04" E, 140.00 feet; thence
N 890 19' 01" W, 950.00 feet; thence N 00 12' 04" W, 140.00 feet;
thence S 890 19' 01" E, 950.00 feet, to the point of beginning.
Containing 3.05 acres M.O.L.
Exhibit A
,"
c c L~
'1 ',:.- ',~
o
<l:
o
II:
:r:
t-
O
o
CD
z
w
--'
--'
::>
~
u
~
j:
TRACT 3
~
. -----. --.--.--- ..'.".-.---...------., ---'--~'--
I
580
I
TRACT 2
TRACT
TRACT /
.--.-------......---
4
Mh___,.._,"-_.,, ."""'....... _._
~