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1998-54 · ~. Aquagen x Land-Water Technolo9,es Special Service Agreement City of Clermont P.Q, Box 120219 Clermont, FL 34712 (352) 394-4081 Date: Terms: 9/8/98 Balance Due Upon Receipt We are pleased to quote special pricing as follows: CenterLakeAquascape according to bid specifications w.ith one modification, IIpickerel... weed band sha 11 average 5 I in wi dth. II Quantity: Description: Unit Price: Extended Price: 800 1200 210 8000 600 Native Canna (Canna Flaccida) $0.64 $512,00 Hybnd Canna (Canna x generalis) $1.36 $1,632.00 Bare Root Bulrush (Scirpus Californlcus or S. $0.78 $163.80 Validus) Herbicide treatment of planting area $650.00 $650.00 prior to planting Pickerelweed (Pontedaria Cordata) $059 $4,720.00 Duck Potato (Sagittana Lancifolia) $0.59 $354.00 Total: $8,031.80 This offer is good for twenty one (21) days from date of quotation Sales Tax Not Included. ~4,-e USTO'MER ÄQUAGENIX LAND-WAT TECHNOLOGIES, INC. ~/K'/~r- { DATE Aquagenix Land-Water Technologies, Inc. Central Flonda Office 4075 l: B McLeod Road, SUite C - Orlando, FL 32811 (407) 843-7887 - Fax (407) 843-7791 - 800-832-5253 Serving Sunbelt Stales Since 1974 · ~. Aquagenlx Land-Water TechnologIes AQUATIC MANAGEMENT This agreement, dated 9/8/98, is made between AQUAGENIX LAND-WATER TECHNOLOGIES, INC. (ALWT) and CUSTOMER: City of Clermont Mr. Wayne Sanders P.O. Box 120219 Clermont, FL 34712 (352) 394-4081 Both CUSTOMER and ALWT agree to the following terms and conditions: 1. General Conditions: ALWT will provide aquatic management services on behalf of the CUSTOMER in accordance with the terms and conditions of this Agreement at the following aquatic site(s): 1 Lakes located at Center Lake Aquascape in Clermont, FL. 2, Contract Term: The term of this Agreement shall be 12 Month( s) or as otherwise provided by Contract Addendum. 3, Contract Services: CUSTOMER agrees to pay ALWT the following amounts during the term of this Agreement for these specific water management services. Algae and Aquatic Plant Control Border Grass and Brush Control to Water's Edge Water Testing (See Addendum 13a) Bacteria Monitoring (See Addendum 13a) Aquatics Consulting * Fish Stocking (Bass and Bream) Biological Control Agent Permit Applications Triploid Grass Carp, Mosquito Fish ** Management Reporting Total Annual Program Investment Annual: $2,100.00 Monthly: $175.00 12 inspections per Year with treatment as necessary ·See Item 14 which defines Aquatics ConsultIng and how It may benefit the CUSTOMER ··Triplold Grass Carp stocking subject to required approval of Florida Game and Fresh Water Fish Commission Created For City of Clermont Aquagenix Land-Water Technologies, Inc. Central Florida Office 4075 L B McLeod Road, SUite C - Orlando, FL 32811 (407) 843-7887 - Fax (407) 843-7791 - 800-832-5253 Serving Sunbelt Stales Stnce 1974 ~ Included Included Included Included Included Optional Included Included . . 4. Starting Date: The starting day of this Agreement is the first day of the month in which services are first provided without regard to the actual days unless otherwise agreed to in writing, by both parties. Services shall be continuous without interruption. 5. Schedule of Payment: $175.00 (first month) shall be due and payable upon execution of this Agreement; the balance shall be payable in advance in equal monthly installments. CUSTOMER agrees to pay ALWT within thirty (30) days after date of invoice at ALWT's home office in Fort Lauderdale, Florida. Failure to pay any amount when due shall constitute a default under this Agreement. 6. Limited Offer: The offer contained in this Agreement is valid for thirty (30) days only and must be returned to our office for acceptance within that period. If not accepted within that time, the offer shall be void. 7. Safety: ALWT agrees to use specialized equipment and products, which in its sole discretion, will provide safe and effective results for the specific site(s). 8. Address Change: In the event that ALWT or CUSTOMER undergoes a change in address, notification to the other party shall be made by first class mail. Written instructions including the new address and telephone number will be enclosed in the notification. 9. Termination Procedure: This Agreement may be terminated by either party with sixty (60) days written notice, Notification must be sent by certified mail, return receipt requested, to AQUAGENIX LAND-WATER TECHNOLOGIES, INC., 6500 NW 15 Avenue, Fort Lauderdale, Florida 33309. ALWT reserves the right, under special circumstances, to initiate surcharges relating to extraordinary price increases of water treatment products. a. "Date of Termination" will be defined as: two (2) months after the last day of the month in which "Notice of Cancellation" was received by ALWT in accordance with Paragraphs 9b and 9c. b. In the event that your account is not settled in full at the same time as your cancellation letter is received, ALWT will continue to bill you until the contract expires. Settlement in full includes payment for two months service after the end of the month in which the cancellation letter is received by ALWT. c. Payment in full shall be defined as payment to ALWT through the effective "Date of Termination" as determined by the procedure outlined above in Paragraphs 9a and 9b. Created For CIty ofClennont . . 10. Insurance: ALWT agrees to maintain, at its sole expense, the following insurance coverage: Worker's Compensation, General Liability, Automobile Liability, Property and Casualty, Excess Liability and Business Interruption Coverage. Upon written request, CUSTOMER may be listed as an "Additional Insured" at no extra charge. A Certificate of Insurance will be provided at the CUSTOMER's request. 11. Automatic Renewal: This Agre nt shall automatically renew for term 0 Its original term, unless a "Notice of Cancellation . outlined in Paragraph 9. The contract amount shall be adjusted at a rate crease pe on the anniversary date of this Agreement. Unle erwise agreed to in writing, by ies, services shall be continuou out interruption. .J"YJ /7!' q~ / I IV ff / /e.A.~ 12. Default: :9/Y/9 J> If CUSTOMER defaults on any provision of this Agreement, CUSTOMER hereby agrees that ALWT may at its sole discretion seek any or all of the following remedies: a. Termination of this Agreement. In this event, CUSTOMER agrees to make immediate payment of the total contract amount through the end of its term (less previously paid payments) as liquidated and agreed upon damage. b, Imposition of "Collections Charge" for monies due, If this action is deemed necessary, in the sole judgement of ALWT, CUSTOMER agrees to pay ALWT's reasonable attorney fees (including those on appeal), court costs, collection costs and all other expenses incurred by ALWT resulting from this collection activity. c. Filing of a mechanics lien on property for all monies due plus interest, costs and attorneys fees. 13. Addenda: See attached map, survey and report (where applicable) a. Water testing and bacteria monitoring shall be conducted at the sole discretion of ALWT, for the specific purpose of improving the Aquatic Weed Control Program results, b. Work as requested by CUSTOMER such as trash clean-up, physical cutting and or plant removal and other manual maintenance may be performed by our staff. Extra service work will be invoiced separately at our current hourly equipment and labor rates. 14. Aquatics Consulting: ALWT management and personnel are available by appointment for aquatic demonstrations, videos and slide shows which are designed to help understand lake and waterway problems and their respective solutions. Created For City ofClennont . . 15. Fish Stocking: Annual Spring Fish Stocking is optional. This optional service may be ordered by the CUSTOMER and if so ordered will be provided by ALWT for a nominal charge based upon stocking rates, lake sizes and other factors. 16. Contract Documents: This Agreement constitutes the entire Agreement of ALWT and the CUSTOMER. In the event that any portion of this Agreement shall be held invalid or unenforceable, the remaining portions of this Agreement shall be binding upon both parties. No oral or written modification of the terms contained herein shall be valid unless made in writing and accepted by an authorized agent of both ALWT and CUSTOMER. QUAGENIX LAND-WA TECHNOLOGIES, INC. ~~~ CUSTOMER c; / fj" Ie:¡ ¡- DÀTE Created For CIty of Clermont