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1984-07 . "-,. AGREEMENT FOR MANAGEMENT AND PURCHASE OF HAY CROP AT CLERMONT SPRAYFIELD SITE 1. PARTIES: This Agreement is made as of the cJB IJ-1.t. day of J. ~, 1984 between the CITY OF CLERMONT, hereinafter termed "CITY", and Cha les o. Kuharske , hereinafter termed "LESSEE"., 2. DESCRIPTION AND FEES: . The only property subject to the terms and prov~s~ons 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, Fiorida (see attached map). The fees to be paid by the LESSEE for the use of such premises, are ONE HUNDRED DOLLARS ($100) PER MONTH, beginning with the first cutting of hay. 3. TERMS OF LEASE: The term of this Agreement shall be from March 1, 1984 to Feruary 28, 1985, and the parties agree that if the LESSEE shali perform all obligations, covenants and agreements to be performed by him under the provisions hereof, the LESSEE shall 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 shall breach any of the terms of this lease. In such 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 solely 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 understood and agreed by the LESSEE that this Agree- ment is subject to the following conditions: (1) Any change in the hay crop must be approved by the CITY. . (2) 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. (4) 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. 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. . . . -- It is expressly understood and is a condition of this Agreement that the LESSEE shall 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 also 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/lOO ($lOO,OOO) 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 leased premises, or as a result of anything claimed or omitted to be performed by the LESSEE hereunder. EXECUTED AT CLERMONT, FLORIDA, ON THE 28"* DAY OF C~Clh.l11984. SIGNED IN THE PRESENCE OF: ~~ D. ~J~ C}UJ"j ~. &QlYlrff> ATTEST: ~ W Y e Saunders, City Clerk BY: (1fA.<1 J3 ~.~ "CITY" (;JUAit~ 0< ;j~~D "LESSEE"