PEST ABATEMENT AGREEMENT'/2019, (25 unread) - toddladin@yahoo.com - Yahoo Mail
Re r",mivpid
MAR 12:019
City Attorney
PEST ABATEMENT AGREEMENT
1St -THIS
day of December, 2018, AGREEMENT Isthis
by and among n
the Responsible Pest Management,
LLC, a Florida limited liability company ("the Company"), having its principal place of
business at 16007 Adobe Drive., Hudson, FL 34667, and the City of Clearwater,
Florida, a municipal corporation ("the City," and together with the Company, the
"parties"), having its principal place of business at 112 South Osceola Avenue,
Clearwater, Florida 33756.
WITNESSETH:
WHEREAS, on or about September 26, 2018 the Clearwater Municipal Code
Enforcement Board issued an order ("the Order") declaring that the property located at
1766 Murray Avenue, Clearwater, Florida 33755 ("the Property") was unsafe and
ordering the property owner to bring the Property into compliance by a date certain; and
WHEREAS, the Order also permitted the City to enter onto the Property and
make the repairs at the property owner's expense if the property owner did not comply
by the time period set In the Order; and,
WHEREAS, the property owner has failed to bring the Property into compliance
within the time period set in the Order such that the City desires to exercise its rights
under the Order to make the necessary repairs at the property owner's expense; and,
WHEREAS, the Company desires to provide pest abatement for any large pest
nuisances to the abutting properties which may be caused by reason of the City's efforts
to repair the Property and to do so free of charge;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
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1. Scone of work. The Company agrees to abate any large pest nuisances
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1 Ibb Murray Avenue, c:learwater, Honda 33 /bb ("the Property) was unsate and
ordering the property owner to bring the Property into compliance by a date certain; and
WHEREAS, the Order also permitted the City to enter onto the Property and
make the repairs at the property owner's expense if the property owner did not comply
by the time period set in the Order; and,
WHEREAS, the property owner has failed to bring the Property into compliance
within the time period set in the Order such that the City desires to exercise its rights
under the Order to make the necessary repairs at the property owner's expense; and,
WHEREAS, the Company desires to provide pest abatement for any large pest
nuisances to the abutting properties which may be caused by reason of the City's efforts
to repair the Property and to do so free of charge;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Scone of wait. The Company agrees to abate any large pest nuisances
in a manner acceptable to the City, including any nuisances caused by such large pests
as mice, rats, racoons, and the like, which may be caused by reason of the City's efforts
to repair the Property. It is explicitly understood by the parties that the scope of work is
limited to large pests in the manner described above; for only sixty (60) days after the
City completes the necessary repairs to the Property; and to the following properties: 1)
the Property itself; 2) 1772 Murray Avenue, Clearwater, Florida 33755; 3) 1760 Murray
Avenue, Clearwater, Florida 33755; and 4) 1741 Greenhill Drive, Clearwater, Florida
33755.
2. Payment. The Company agrees to provide the scope of work referenced
in Paragraph 1 of this Agreement free of charge.
1
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3. Indemnification. Subject to Florida Statute Section 768.28, the Company
does hereby indemnify and hold harmless the City and Its officers, employees, agents,
and servants, whether they are current or former, from and against any and all actions,
claims, liabilities, assertions of liability, losses, costs and expenses, in law or in equity,
including but not limited to attorney's fees at trial and appellate levels from any and all
claims, demands, suits or other action which may be made against it relating to the
scope of work referenced in Paragraph 1 of this Agreement. All expenses incurred by
the City to enforce this Indemnification, including attorney's fees, and all expenses,
including attorney's fees, incurred by the City defending any third -party claims or actions
brought against the City related to this activity will be the sole responsibility of the
Company. Nothing contained herein is intended to serve as a waiver by the City of its
sovereign immunity or to extend the liability of the City beyond the limits set forth in
Section 768.28, Florida Statutes.
4. Amendments. Any amendments to this Agreement must be in writing and
executed by all parties.
5. Headings. The headings contained in this Agreement are for reference
purposes only and shall not modify or affect this Agreement In any manner whatsoever.
6. Counterparts. This Agreement may be executed in counterparts, all of
which together shall constitute one agreement binding on all the parties hereto.
IN WITNESS WHEREOF, the City and the Company have caused this
Agreement to be duly executed on the day and year first written above.
AS TO THE COMPANY: RESPONSIBLE PEST MANAGEMENT, LLC
ByNa'me:`Toc
Title: O W CL.
AS TO THE CITY:
Countersigned:
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Kevin arriott, :uilding
Approved as to form:
Attest:
2
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Michael Fuino, Assistant City Attorney `Kosemarie Call, City Clerk
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