889-Sod Harvesting/Site 10 SOD HARVESTING AGREEMENT - SITE 10
This agreement ("Agreement") is made and entered into this 7 *~ day of
5~PTa,~8~/~ ,2001, by and among CITY OF SANFORD, a municipality in the
State of Florida ("City") with an address of P.O. Box 1788, Sanford, FL 32772-1788,
Deltona Sod Service CD.S.S.'') with an address of [161 -f, xXRtc~_tt ~, ~e~-~/) and
Baker Farms Inc. CB.F.I.") with an address of 2.
WHEREAS, The City of Sanford is the owner of certain real property located offof East
State Road 46 known as Site 10,
WHEREAS, Baker Farms Inc. is the lease holder of a specified portion of Site 10,
WItEREAS, Deltona Sod Service wishes to harvest sod from the portion of Site 10
leased to Baker Farms lnc, and
WHEREAS, the City of Sanford, Baker Farms Inc. and Deltona Sod Service wish to
enter into an agreement for the harvest of sod.
THEREFORE, in consideration of the premises continued herein, the parties hereby
agree as follows:
1. D.S.S. shall have access to sod fields designated by B.F.I. to remove sod,
mow and perform any other activities related to sod removal. These sod
sites shall be moved from time to time at the direction of B.F.l.
2. A minimum of three (3) inches of sod will be left between the cuttings
removed for sod. All mowing, clippings and damaged sod will be
disposed of in designated areas. The fields shall be clear of pallets and
..... other trash. Fields that have been sodded will be rolled within 10 days
after sodding.
3. The price paid for the sod by D.S.S. shall be $8.00 per pallet. The pallet
price shall be split between the City and B.F.I. in the following manner:
$2.67 to the City of Sanford and $5.33 to B.F.I.D.S.S. shall pay for the
sod to both the City of Sanford and B.F.I. on a weekly hasis as the sod is
removed.
4. It is anticipated that approximately two (2) acres of sod will be removed
each week, no more than I00 acres in one year. It is the concern of B.F.I.
that in the spring there will be a shortage of grass. If this becomes
apparenk B.F.I. may terminate this agreement with a 30 day written notice
given to D.S.S. with a copy given to the City. The City may terminate this
agreement giving a 30 day written notice to D.S.S. and B.F.I. should, in
the opinion of the City, the sod harvesting operation damage the property
or interfere in the operation of Site I 0 as originally developed.
SOD HARVESTING AGREEMENT
PAGE 2
5. D.S.S. shall furnish B.F.I. and City with proof of insurance to include:
commemial general liability ($1,000,000 per occurrence), auto liability
(all auto with $500,000 per occurrence), worker's compensation. The City
shall be shown as an additional insured on each insurance policy. Copies
of said insurance policies shall be delivered to the City prior to
commencement of operations.
6. This is a one year contract from August 14, 2001 to August 14, 2002.
7. This agreement may be signed in cotmterparts, each of which may be
deemed an original, and all of which together construe one and the same
agreement.
8. This Agreement shall be govemed by, 'and construed and enforced in
accordance with, the laws of the State of Florida. Venue for any lawsuits
shall be in Seminole County, Florida.
9. In connection with any litigation, including appellate proceedings, arising
out of this Agreement, the prevailing party shall be entitled to recover all
costs and reasonable attorney's fees.
10. BFI and DSS shall indemnify and hold harmless the City, its officers,
agents, and employees harmless ~'om and against all claims, suits, actions,
damages and/or cause of action which may arise from any negligent act or
omission of the DSS, its agents, servants, or employees as a result of the-
performance of services under this Agreement, and from and against all
costs, attomey's fees, expenses and liabilities incurred in or by reason of
the defense of any such claim, suit or action, and the investigation thereof.
Nothing in the Agreement shall be deemed to affect the rights, privileges
and immunities of the City as set forth in Florida Statutes 768.28.
11. All notices which any party shall be required or shall desire to make or
give under this Agreement shall be in writing and shall be sufficiently
made or given (i) when mailed by certified mail, postage prepaid, return
receipt required, (ii) by hand delivery to names individuals representing
the party to be notified, or (iii) by private parcel delivery services, or
facsimile transmission, for which receipt is provided to the notified party.
Notices shall be addressed or transmitted to the addressees and telephone
numbers and facsimile set forth below.
SOD HARVESTING AGREEMENT
PAGE 3
As to DSS: FR~9,,m .St-c~e.6~ttv..c
With copy to:
With copy to:
As to City: Tony VanDerworp, City Manager
City of Sanford
P.O. Box 1788
Sanford, FL 32722-1788
Street address: 300 N. Park Avenue
Sanford, FL 32771
Phone (407) 330-5602
Fax (407) 330-5616
With copy to: William L. Colbert, Esq.
City Attorney
Stenstrom, McIntosh, Colbert,
Whigham & Simmons, P.A.
P.O. Box 4848
Sanford, FL 32772-4848
Street address: 200 W. First Street, Ste. 22
Sanford, FL 32771
Phone (407) 322-2171
Fax (407) 330-2379
SOD HARVESTING AGREEMENT
PAGE 4
IN WITNESS WHEREOF, the parties hemto have caused these presents to be executed
in the manner and form sufficient to bind them as of the day and year first written above.
WITNESS: By~y~~~,
ITS: MAYOR
DATE: ~/~//~/
BAKER FARMS INC.
BY:
Joe Baker
ITS: OWNER
DATE:
DELTONA SOD SERVICES
BY:
ITS:
DATE:
.,0~/16/01 09:48 FAX 407 330 5646 Ci~y of Sanford ~04
SOD HARVESTING AG~
PAGE 3 ....
As to DSS: ~ ~ ~-~
~ ~W to: ........
~ ~o Bff:
~ ~py to:
~ to ~ To~ V~, C~
Cky of
P.O. Box 1798
~o~ ~ 32~-1~g
S~t ~: 3~ N. P~k A~
~ ~ 32771
~m (~ 33~5~
F~ (40~ 33~5616
C~ A~
~& S;..~.~ P~
P,O. ~x
~ ~ 32771
P~ (40~ ]22-2171
F~ (~ 330-~79
0~/16/01 09:48 FAX 407 330 5646 City of Sanford
SOD HAKVESTING AOREEMENT
PAGE 4
IN WITNESS WHEREOF, the parties hereto hive caused tlgse presents to be executed
the manner and form sufficient to bind them as of the day and year first wrtten above.
WITNESS: CITY OF SANFORD
BY: ,,
Braeby Lessard
ITS: MAYOR
DATE:
BAKER FARMS INC.
BY:
Joe Baker
ffS: OWNY~
DATE:
DATE: ~::>- ~ co ~ \
FAX 40? 3~0 ~646 Cl~- of Sanford [~04
SOD HARVI~STING AGREEMENT
PAGE 3
As to DSS:
Wi, ga copy to:
With copy
As to Ci~:.~: Tony VanDenvorp, C~y M~amsger
City of Sanfor0
P.O. Box 17gg
SarXonl, FL 32722-1788
S~ Mclrt~8:300 N, Paxk Avenue
Seafront, FL 32771
Phone (407) 330-5602
Fax (4071 330-5616
W'v.h c.,or~to: W0/iam L. CoI~en, Esq.
C?~y A~omey
Stenstrom. Mchtosh, Colbert,
W~/.ghara & Simmons, P,A,
P.O. Box 4948
Sanf~rd~ FL 32772-4848
S~'t adckgss: 200 W. First Street, Ste~ 22
Se~LbtdL, FL 32771
Phone (407) 322-2171
Fax (407) 330-2379
08/29/0i 0~;38 FLK 407 ;~i9 ~646 Clr,v of Sazlford [~08
,~,
SOD HARVESTING .&GP, EE,~f,t~NT
PAGE 4
WITNESS: CH'Y OF S2~NFORD
BY:. _
Brady Le~ss~rd
ITS: MAYOR
DATE:
DELTONA SOD SERVICES
ITS:
DATE: