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LETTER OF AGREEMENT (4) :. ',- ~;" ;;/1/1111.1,,,......., . ",I ':l\~l"',~"", '/~I~~\ $c..J"'R ,,\ ~~ ~~ i-- _n, __~_ _- I 1 \ ~~ ''-I ..'c'. <::i~ ~~~~,,~~~~, .....-_24 TE\t"JII' ---".III" 4) I t C I T Y OF CLEARWATER POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33518 - 4748 December 14, 1987 Mr. Robert E. Smith Vice-President and Secretary E. Palomino Dairy, Inc. 366 Garden Lake Circle Odessa, FL 33556 LETTER OF AGREEMENT It is hereby agreed between the City of Clearwater (Owner) and E. Palomino Dairy, Inc. (User) that the User will continue to prepare, plant and harvest hay and other feed crop'! on the Owner's property for the mutual benefit of both parties. The benefit to the Owner is the proper operation and maintenance of the sludge disposal farm site through the growing and harvesting of feed crop:; which is necessary for PFfiroient nutrient removaL The benefit to the User shall be the value of the =p:; harvested. Conditions of the agreement as follows: The Owner will.: 1. Provide approximately 800 acres of land suitable for farming, located in Hillsborough County on Patterson Road, which is referred to as the sludge farm. Said acreage to excJnde 95 acres of citrus groves at that Jocation. 2. Provide ooil conditioner in the form of liquid digested wastewater sludges. Said sludges to be applied on the property when and where required for proper plant growth, with the mutual understanding that the total volume of sludge hauled to the farm site is determined solely by what is needed for efficient operation of the Owner's three treatment plants. Sludge application will be done by Owner's employees and/or contract haulers. 3. Maintain roadways, gates and fences on sludge farm property. 4. Monitor, test and analyze sludges to meet environmental standards as established by Florida's Department of Environmental Regulation. The User will.: 1. Agree to pay the Owner an amount equal to ten percent (10 %) of the gross proceeds obtained from the sale of crop:; grown on the sludge farm. Payment to be made on an annual basis beginning one year from the effective date of this agreement. The first payment year to commence on the effective date of. this agreement. .c::- . , . P . 1 of 2 (!.J!.: T7./J1?iIc.C.c(-4/;'t.rl:: "Equal Employment a"dAffi~llatil'e /lction Employer" , . ..' ~ 'l.- , , I I Letter of Agreement - E. Palomino Dairy, Inc. and the City of Clearwater (continued) The User will..: 2. Provide the Owner with a certificate of adequate liability insurance which inf"!lndes the City of Clearwater as the property owner and as an additional insured. Said policy to protect the 0 wner's liability, and to be kept in force for the duration of this agreement. 3. Make use of the land by systematically planting, growing and harvesting feed crop;; in the same manner which has been demonstrated under past agreement. 4. Work c1nsely with Owner's representatives on a day-to-day basis for proper farm management. 5. Always maintain, or hold in reserve, sllfficient property for sludge dispooal during p<>rifYis of heavy rains. The Owner must always have a dispooal site regardless of the weather. The User or 0 wner may terminate this agreement for good cause upon a written 90 day Notice of Propcsed Termination. This agreement shall become effective June 1, 1987, and shall continue to be in effect for a period of three (3) years from the effective date or until such time as the City shall cease this method of sludge di.spcsal. whichever comes first. If the conditions in this agreement meet with your approval. please sign three copies of this letter and return all three to me. I shall return an executed copy to you as soon as ~hlp. Sincerely, (;'CD~U~~".. r IS' 1'f'It: ~ Date) -I'~ cfir' Date ~ ",- - ",;t !:"~ I l t(Q)[PY CITY OF CLEARWATER Interdepartmental Memorandum TO: William Baker, Public Works Director F. J. Janocha, Water Pollution Control Superintendent FROM: Elizabeth S. Haeseker, Assistant City Manager COPIES: Cynthia Goudeau, City Clerk ,/' SUBJECT: E. Palomino Dairy, Inc. Letter of Agreement DATE: January 20, 1988 An original of the above-referenced agreement is attached. An original was also hand delivered to the City Clerk today. Phil, please make whatever copies you require for your file and return the original forwarded to you to Mr. Robert E. Smith. Attachment \ 1,J r. 1) \\~Ct. 'l.\. )9\\\l ~ <<"1. C?,Sw.. CI).... . 00 -05 ~- (fJ)