AGREEMENT SEWAGE TREATMENT FACILITIES
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AGREEMENT
THIS AGREEMENT entered into this 14th day of April, A. D.
1967, by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, herein called "City", and PAUL E. ALLEN
COMPANY, Palm Harbor, Florida, herein called I1Purchaser";
WITNESSETH:
WHEREAS, the Purchaser submitted the best bid for the purchase
of the yearly production of sludge from the City's sewage treatment plants;
NOW, THEREFORE, in consideration of One Dollar and other good
and valuable consideration, the parties agree hereto as follows:
1. The term of this Agreement shall be for a period of five (5) years
from the date hereof. At the end of such period, the Purchaser shall have
the right to renew this Agreement for an additional five (5) year period
with the consent of the City. It is further agreed by and between the
respective parties hereto that either party may cancel this contract, or
any extension thereof, prior to its normal expiration date by giving the
other party at least two (2) years written notice of such intent.
2. The Purchaser agrees to pay to the City for the sewage sludge
an annual payment of Twenty-six Hundred Dollars ($2600.00), payable
quarterly, the first payment of Six Hundred Fifty Dollars ($650.00) being
due on the signing of this agreement and a like amount thereafter every three
(3) months until agreement is terminated.
3. It is further agreed that the unit price of an estimated 4600 cubic
_ yards annual volume of sludge shall b~ tl"1~price ()_~~ered for_one yea:r~~ supply
of sludge as produced by the City's treatment plants, subject only to change
if the estimated quantity and actual quantity vary ten per cent (10%) or more.
In such an event, the price will be increased or decreased as the case may
be, based upon the cubic yard price as determined by proposed price and
estimated quantity.
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4. It is further agreed by and between the parties hereto that the
material to be sold is offered "as is 11 without warranty or guarantee as to
condition, composition, that it is suitable for any purpose whatsoever, and
that any sample inspected is representative of the material being offered
and no claim for allowance upon any of the conditions aforesaid will be
considered.
5. It is further agreed that the City will provide the necessary trucks
and labor for delivery of sludge to Purchaser's point of receiving
material on State Road 584, Palm Harbor, Florida.
6. Purchaser agrees to indemnify and hold harmless the City from
any action, claim or suit for damages pertaining to bodily injury or property
damage as a result of processing and/ or product liability.
7. This Agreement shall be binding upon the parties hereto,
their successors, personal representatives, administrators and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Approved as to form and
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City Attorney
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Witnesses:
PAUL E. ALLEN COMPANY
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By
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