MANAGEMENT AGREEMENT
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT (hereafter, "Agreement") made and entered
into this 13th day of March 2006, by and between the
CITY OF CLEARWATER, FLORIDA, a municipal corporation, P. O. 4748,
Clearwater, FI. 33758-4748 ("City"), and ROBERT E. and PATRICIA A. SMITH,
husband and wife, 12220 Garden Lake Circle, Odessa, FI. 33556 ("Manager");
WIT N E SSE T H:
WHEREAS, the City owns 444 acres, more or less, being portions of
Sections 19 and 20, Township 27 South, Range 17 East, Hillsborough County,
Florida ("property"); and,
WHEREAS, the Manager, d/b/a E. Palomino Dairy, Inc., under agreement
with the City, has overseen and managed the City property since 1982; and,
WHEREAS, the current agreement between the parties will terminate on
March 28, 2006; and,
WHEREAS, the parties desire to enter into a new agreement to
commence on March 29,2006 and extend through March 28,2011; and,
WHEREAS, the parties acknowledge that various provisions of the current
agreement are no longer applicable now or in the future, including but not limited
to the dissolution of E. Palomino Dairy, Inc. as a legal entity; and now desire to
amend said agreement to better establish current conditions regarding the
property, and the future responsibilities of each of the parties as same may relate
thereto; and,
WHEREAS, the City lands have previously been utilized for dispersal and
disposal of treated sewage sludge, and that use of the property has been
discontinued; and,
WHEREAS, as of the date hereof, the only planned City use of the
property is for deposit and dispersal of approximately 100,000 cubic yards of
collected submerged lands sediment over approximately 25 acres of the property
commencing in 2006; and,
WHEREAS, the Manager shall have the privilege of utilizing the remainder
of the property for the purpose of grazing beef cattle, planting and harvesting of
hay and other grass crop;
NOW, THEREFORE, the parties in consideration of the undertakings,
promises and agreements herein contained, agree and covenant with each other
as follows:
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1. TERM: This Agreement shall run for a period of five (5) years
commencing on March 29, 2006 and continue through March 28,
2011, unless sooner terminated by either party as provided
hereafter.
2. RENT: In consideration of Manager fulfilling its obligations
hereunder, the City acknowledges receipt of $1.00 and the benefits
to be derived therefrom as sufficient rent for the term hereof.
3. RESERVED: The City specifically reserves unto itself the right and
privilege of deposit and dispersal of submerged lands sediments as
above described, together with unimpeded ingress and egress to
the dispersal location, together with all other rights of ownership not
expressly conveyed to Manager under provisions of this
Agreement.
4. LAND USE: The Manager shall have the privilege of grazing beef
cattle over all portions of the property suitable for grazing that are
not utilized for the aforementioned City purposes, so long as the
number and size of the herd does not unreasonably overburden the
property.
5. OPERATION AND MAINTENANCE: The parties agree that
Manager shall have the privilege of fencing and cross fencing the
property as desirable for grazing cattle, together with the privilege
of planting and harvesting of grass crop so long as Manager utilizes
best management practices in agricultural land management.
6. MANAGER COVENANTS: In consideration of Manager utilizing
the property as above described, Manager further covenants and
agree as follows:
a. Manager shall, at Manager's expense, maintain both perimeter
and interior cross fencing in reasonable and secure condition.
b. Manager shall at all times provide reasonable supervision of the
property to insure against fire, trespass and any other activity
that may be detrimental to maintaining the agricultural character
and security of the property.
c. Upon reasonable notice by City, Manager will conduct tours of
the property for City representatives and its invitees.
7. INSURANCE: During the term of this Agreement Manager shall
obtain and maintain a policy, or policies, of insurance as follows:
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a. General Liability Insurance that shall provide coverage on an
"Occurrence" basis. The policy shall provide coverage for
death, bodily injury, personal injury and property damage that
could arise directly or indirectly from the performance and
operation of this Agreement. The minimum limits of coverage
shall be $300,000 Per Occurrence Combined Single Limit for
Bodily Injury Liability and Property Damage. The City shall be
included and identified as an Additional Insured under the
policy, or policies, and on the Certificate(s) of Insurance.
b. The insurance coverages and conditions afforded by these
policies shall not be suspended, voided, cancelled or modified
except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City's Risk
Management Office.
c. All insurance policies required within this provision shall provide
full coverage from the first dollar of exposure unless stipulated.
No deductibles will be accepted other an as stipulated herein.
d. Certificates of Insurance meeting the specific required insurance
provisions specified herein shall be forwarded to the City's Risk
Management Office and approved prior to Agreement
commencement. After review, the Certificate(s) will be files as
part of the official Agreement file.
8. TERMINATION:
a. Either party may terminate this Agreement at any time
where good cause exists upon providing ninety (90) days Notice to
the other party.
b. In the event the City determines at a duly constituted City
Council meeting that the subject lands are needed for any other
purpose consistent with the City charter, and serves Manager with
sixty (60) days Notice of such intended use.
9. NOTICE: Notice to the City of Clearwater whenever required under
the terms of this Agreement shall be as follows:
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CITY:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
CONTRACTOR:
Mr. and Mrs. Robert Smith
12220 Garden Lake Circle
Odessa, Florida 33556
Copy: City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
10. LAW: The laws of Florida shall govern the rights of the parties
under this Agreement.
11. ENTIRE AGREEMENT: 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.
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WITNESS . nature
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Print Witness name
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MANAGER
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Robert E. Smith
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Patricia A. S~
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City signatories
RE: Management Agreement
Robert E. & Patricia A. Smith
Countersigned: CITY OF CLEARWATER
-=I.--e r ~y:4~~~
Nink V. Hibbard l William B. Horne, II
Mayor City Manager
Approved as to form:
Lit:i
Assistant City Attorney
Attest:
nthia E..Goudeau
ty Clerk .
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