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1992-25 . 8 8 . --.. . 8 . HAY FIELD LEASE AGREEMENT LESSEE: Jack King, Agent DAR Materials Company »SEXXXí»~~~»~X&~BMX P.O. J;UX~X~~~ Orlando, FL (407) 290-9873 Box 681395 ~ :St~ :It :It 32868-1395 W.M. Litvany 4501 Vineland Road suite 101 Orlando, FL 32811 AGRICULTURAL CONSULTANT: OWNER: Preston Davis, Director of Public Services City of Clermont P.O. Box 120219 Clermont, FL 34712-0219 PARTIES: This Agreement is made as of of ~ ' 1992 between the hereinafter termed "OWNER", and hereafter termed "LESSEE". the ;( 7..M.. day CITY OF CLERMONT, 128 R 1/J1 ~ 1) LESSEE shall maintain the existing hayfield which comprises approximately 71 acres in a good and husbandry manner in order to maximize the production of commercially acceptable hay. 2) LESSEE shall manage the weed populations in such a manner as to minimize their interference with the production of commercially acceptable hay. An initial application of 2,4-D type weed killer shall be made by the OWNER at their expense, following which the LESSEE shall assume all weed control cost. LESSEE shall notify the OWNER of best period to apply 2,4-D weed killer. 3) LESSEE will be required to harvest all hay crop acreage a minimum of two harvestings per year. One of the harvesting coming at the end of the growing season. LESSEE may obtain permits from the Lake County Building Department to erect a pole type storage shed. Said pole type storage shed shall be located in an area approved by the OWNER. Hay may be stored for a period no longer than six months. 4) LESSEE shall not apply any sludges, compost materials or any type of manure product to the City of Clermont Effluent Spray Irrigation Field. . 8 8 ----. ... 8 8 LESSEE shall submit in writing to the OWNER the name, type, chemical composition, application rates of any fertilizer, pesticides, herbicides or other materials to be applied to the City of Clermont Effluent Spray Irrigation Field. LESSEE shall not apply said product until receipt of written approval of product application from the OWNER. After initial application of 2,4-D type weed killer all other fertilizer, pesticide, herbicides, etc., cost shall be borne by the LESSEE. 5) LESSEE shall provide for all equipment, labor, materials incident to the production of the hay crop at the sole expense of the LESSEE. 6) LESSEE will be remunerated for their services by the OWNER by having indisputable title to all hay removed from the property. 7) The term of this agreement shall be for an initial period of three years. 8) LESSEE shall maintain adequate public liability insurance in the minimum amount of 300,000 dollars per accident, workmen's compensation insurance, vehicle and any other form of insurance reasonably required by the OWNER. 9) The OWNER will provide reasonable access onto the effluent spray irrigation field to LESSEE and his sub-contractors to maintain hay crop. Access onto property will be off of north east corner of property. Max Hooks Road at the 10) LESSEE shall post a performance bond in an amount not to exceed 5,000 dollars to guarantee satisfactory maintenance of the hayfield. 11) 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 OWNER shall not, to any degree extent, or manner whatsoever, be considered as having any interest herein, either as a joint enterprise, employer, or agency relationship. The LESSEE shall hold the OWNER harmless against any and all claims, demand suits, judgements, and expenses by any persons resulting from the LESSEE'S operations hereunder; or sustained in or upon the leased premises, or as a result of anything claimed or omitted to be performed by the LESSEE hereunder. --, ~ 8 8 . EXECUTED AT CLERMONT, FLORIDA, ON THE ~1 DAY OF~Jf~, 1992. SIGNED IN THE PRESENCE OF: ~2U~ BY: 8 ATTEST: 8