LETTER OF AGREEMENT (5)
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CITY
OF
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CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 34618-4748
112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 34616
TELEPHONE (813) 462-6700 FAX (813) 462-6720
CITY MANAGER
March 21, 1996
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Mr. Robert E. Smith
Vice-President and Secretary
E. Palomino Dairy, Inc.
12220 Garden Lake Circle
Odessa, FL 33556
Dear Mr. Smith:
Please allow this to serve as a Letter Agreement between you (Palomino Dairies) and the City
of Clearwater relating to your use of the City's tract of land located on Patterson Road in
HilIsborough County and known as "the Sludge Farm. "
The elements of the agreement are as follows:
1. The property may be used only by you and only for agricultural purposes. This
includes the pasturing of cattle and the growing of livestock feed crops. No
structure may be built upon the property. No equipment or material not
associated with the allowable agricultural pursuits may be located upon the
property. You may not rent, sublease, or assign in any manner any right of
- activity to any other-party.
2. You must conduct your activities in a legal manner, abiding by every appropriate
rule or regulation relating to your activities and, at all times, keep the property
clean and presentable. The condition of the property must at no time negatively
reflect upon the character or neighborliness of the City of Clearwater. You must
keep the property secure and preclude entry upon the property by the at-large
public.
3. You must save the City harmless from any liability of any kind arising from your
activities and presence upon the property. The nature and amount of insurance
necessary for this provision will be determined by the City of Clearwater.
Certificates of insurance must be provided by you and approved, in writing, by
the City Manager's Office.
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Mr. Robert E. Smith
March 21, 1996
page two
4. All of the costs of your operations including the maintenance and repair of
equipment and materials employed by you, and all expenses associated with the
use and management of the property, including fencing, fertilizer, land
improvements, etc. are to be borne solely by you and at not cost whatsoever to
the City. In exchange for the use of the land, the City will receive those
management and caretaker services described herein as full compensation.
5. This agreement shall run for a five year period beginning upon your receipt of a
letter from the City Manager's Office attesting to the sufficiency of your
insurance, and is cancelable upon 90 days written notice by either party.
6. This letter, executed by both parties, and the City Manager's letter relating to the
sufficiency of insurance shall, together, constitute a contractual agreement
between the participating parties.
If this agreement meets with your approval, please sign in the appropriate space and return one
copy to my office.
Very Truly YoUrs, ~
I _ L . 1". L
~-'-""",
William C. Baker
Assistant City Manager
. Accepted forI'alommo Dairiesby:-
Accepted for the City of Clearwater by:
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Robert E. Smith
Vice-President! Secretary
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Date
William C. Baker
Assistant City Manager