1987-18
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AGREEMENT FOR MANAGEMENT AND PURCHASE
OF HAY CROP AT CLERMONT SPRAYFIELD SITE
1.
PARTIES:
This Agreement is made as of the 24th day of February, 1987
between the CITY OF CLERMONT, hereinafter termed "CITY", and Charles
O. Kuharske , hereinafter termed "LESSEE".
2.
DESCRIPTION AND FEES:
The only property subject to the terms and provisions of this Agree-
ment shall be the City of Clermont Sprayfield site on approximately
fifty-two acres of land located on Hooks Road in Lake County, Florida
(see attached map). The fees to be paid by the LESSEE for the use of
such premises, are ONE HUNDRED DOLLARS ($100) PER MONTH.
3.
TERMS OF LEASE:
The term of this Agreement shall be from March I, 1987 to
February 28, 1988, and the parties agree that if the LESSEE shall
perform all obligations, covenants and agreements to be performed by
him under the provisions hereof, the LESSEE Bhall have the option to
renew the lease herein for an additional two (2) option periods of
one (1) year each, provided further, that the LESSEE shall notify
the CITY not later than thirty (30) days before the expiration period
of his desire to exercise each option. The fees described in Para-
graph Two above may be renegotiated if the LESSEE exercises his
option to renew.
This Agreement may be amended at any time with the concurrence
of both the City Council and the LESSEE.
4.
CANCELLATION:
The CITY may cancel this lease in the event the LESSEE Bhall breach
any of the terms of this lease. In Buch cases, the CITY shall have "the
right to immediately reenter and retake possession of said facilities
identified herein.
5.
USE OF PREMISES:
The LESSEE shall use and occupy the premises Bolely for a Coastal
Bermuda Hay Farming Operation, and for no other purpose, and shall in
the use and occupancy of the premises, conform to all laws, orders,
and regulations of the Federal, State and Local Governments.
It is further underBtood and agreed by the LESSEE that this Agree-
ment is subject to the following conditions:
(1)
(2)
Any change in the hay crop must be approved by the CITY.
All irrigation equipment shall be maintained by the CITY;
and the land will be irrigated as required by Local, State,
and Federal Operating Permits.
(3)
All equipment for crop care and harvesting operations shall
be the responsibility of the LESSEE.
The LESSEE shall comply with all licensing, health and other
requirements of the Law where applicable. The LESSEE shall
maintain the premises in a clean and sanitary manner at all
times, adhere to all health regulations, pay any license or
tax imposed on the business, and conduct the business in an
orderly manner.
(4)
The LESSEE shall not perform any capital improvements to the
premises, nor assign this lease or sublet any part of the premises
without the express written permission of the CITY, and shall deliver
up said premises at the end of said term in as good condition as they
are now, excluding ordinary wear and tear.
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It is expreBsly understood and is a condition of this Agreement
that the LESSEE Bhall serve all persons on an equal basis, and not
discriminate in his service or employment on the basis of age, sex,
color, or nationality.
6.
CARE AND REPAIR OF THE PREMISES.
. The CITY shall be responsible for irrigating the land and all
aspects of the sprayfield operation. The CITY shall alBo hold the
LESSEE harmless for damages arising from the sprayfield operations
that are not the result of negligence or intentional acts on the
part of the LESSEE. The LESSEE shall maintain the hay crop and
harvest the crop according to good agricultural practices. The
CITY makes no guarantees as to the quality of the hay that will
be grown on the property.
7.
INSURANCE:
The LESSEE shall maintain adequate public casualty insurance in
the amount of ONE HUNDRED THOUSAND AND NO/IOO ($100,000) per accident.
The LESSEE, shall, by January 1st of each year, provide certificates
evidencing all such insurance to the CITY.
8.
HOLD HARMLESS CLAUSE.
In regard to any use, services, or operations performed by the
LESSEE, such operations shall be deemed the operations of the LESSEE
as an independent corporation, and the CITY shall not, to any degree,
extent, or manner whatsoever, be considered as having any interest
herein, either as a joint enterprise, employer, .or agency relation-
ship. The LESSEE shall hold the CITY harmless against any and all
claims, demand suits, judgments, and expenses by any persons resulting
from the LESSEE'S operations hereunder; or sustained in or upon the
lease~ premises, or as a result of anything claimed or omitted to be
performed by the LESSEE hereunder.
EXECUTED AT CLERMONT, FLORIDA, ON THE
24t/.. DAY OF ~¡~aJI&f 1987.
BY:P ¡¿¡O~
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LES~ tJ - .U-- .f' -
SIGNED IN THE PRESENCE OF:
ATTEST: