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<br />AGREEMENT
<br />THIS AGREEMENT, effective on the date executed by the second of the two
<br />parties, is by and between Indian River County, a politica! subdivision of the State of
<br />Florida, ("COUNTY"), whose address is 1840 25'" Street, Vero Beach, FL 32960,and
<br />Thoma T. Nelson d/b/a Wabasso Golf ("CONTRACTOR"), whose address is Tt) 10
<br />LrJ ,- PD. _�_7_QQ$_j� QV.3':ZqM for retrieval of golf balls at
<br />Sandridge Golf Club, located at 5300 73`d Street, in Indian River County, Florida.
<br />In consideration for the promises and covenants set forth herein, and other good
<br />and valuable consideration, the COUNTY and the CONTRACTOR hereby agree as
<br />follows:
<br />1. The CONTRACTOR, as an independent contractor, and riot as a County
<br />employee, shall, at times convenient to the CONTRACTOR and the COUNTY, retrieve and
<br />collect errant golf balls from the property of the Sandridge Golf Club.
<br />2. The CONTRACTOR shall determine the time, manner, and means of golf ball
<br />retrieval, except that CONTRACTOR shall contact the golf course manager to schedule
<br />golf ball retrieval at least twenty-four (24) hours in advance. The CONTRACTOR shall not
<br />interfere with patrons' golf games or the duties of golf course personnel.
<br />3. Except with regard to driving range balls recovered from the lakes,
<br />CONTRACTOR, in exchange for taking possession of golf balls that he retrieves, shall pay
<br />the COUNTY five cents ($.05) for each golf ball he retrieves. CONTRACTOR shall make
<br />payment to the COUNTY on or before the tenth day of each month for the balls retrieved
<br />during the previous month. With regard to driving range balls, CONTRACTOR shall
<br />retrieve driving range balls from the lakes and return them to COUNTY at no charge.
<br />4. The COUNTY may count the balls retrieved by CONTRACTOR before he
<br />removes them from the golf course, or otherwise verify or audit the CONTRACTOR's count
<br />of golf balls as the COUNTY, in its sole discretion, deems appropriate.
<br />5. This Agreement may be terminated by either party at any time. The director
<br />of the Leisure Services Department may terminate this Agreement on behalf of the
<br />COUNTY.
<br />6. The CONTRACTOR hereby releases and holds harmless the COUNTY, and
<br />the COUNTY's officers, employees, and agents, from and against any and all claims,
<br />damages, costs, judgments, and expense, to persons or property, that may arise out of the
<br />CONTRACTOR's performance under this Agreement, and from and against any act or
<br />omission of any representative, agent, or employee of the CONTRACTOR, or of any third
<br />party, and the CONTRACTOR shall indemnify the COUNTY against any such claims and
<br />any judgments that may be entered in connection therewith, including costs and attorney
<br />fees. The CONTRACTOR shall indemnify the COUNTY against any claim for damage that
<br />any utility, whether publicly or privately owned, may sustain or receive in connection with
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