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Home My WebLink About2001-019e AGREEMENT THIS AGREEMENT, effective on the date executed by the second of the two parties, is by and between Indian River County, a politica! subdivision of the State of Florida, ("COUNTY"), whose address is 1840 25'" Street, Vero Beach, FL 32960,and Thoma T. Nelson d/b/a Wabasso Golf ("CONTRACTOR"), whose address is Tt) 10 LrJ ,- PD. _�_7_QQ$_j� QV.3':ZqM for retrieval of golf balls at Sandridge Golf Club, located at 5300 73`d Street, in Indian River County, Florida. In consideration for the promises and covenants set forth herein, and other good and valuable consideration, the COUNTY and the CONTRACTOR hereby agree as follows: 1. The CONTRACTOR, as an independent contractor, and riot as a County employee, shall, at times convenient to the CONTRACTOR and the COUNTY, retrieve and collect errant golf balls from the property of the Sandridge Golf Club. 2. The CONTRACTOR shall determine the time, manner, and means of golf ball retrieval, except that CONTRACTOR shall contact the golf course manager to schedule golf ball retrieval at least twenty-four (24) hours in advance. The CONTRACTOR shall not interfere with patrons' golf games or the duties of golf course personnel. 3. Except with regard to driving range balls recovered from the lakes, CONTRACTOR, in exchange for taking possession of golf balls that he retrieves, shall pay the COUNTY five cents ($.05) for each golf ball he retrieves. CONTRACTOR shall make payment to the COUNTY on or before the tenth day of each month for the balls retrieved during the previous month. With regard to driving range balls, CONTRACTOR shall retrieve driving range balls from the lakes and return them to COUNTY at no charge. 4. The COUNTY may count the balls retrieved by CONTRACTOR before he removes them from the golf course, or otherwise verify or audit the CONTRACTOR's count of golf balls as the COUNTY, in its sole discretion, deems appropriate. 5. This Agreement may be terminated by either party at any time. The director of the Leisure Services Department may terminate this Agreement on behalf of the COUNTY. 6. The CONTRACTOR hereby releases and holds harmless the COUNTY, and the COUNTY's officers, employees, and agents, from and against any and all claims, damages, costs, judgments, and expense, to persons or property, that may arise out of the CONTRACTOR's performance under this Agreement, and from and against any act or omission of any representative, agent, or employee of the CONTRACTOR, or of any third party, and the CONTRACTOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including costs and attorney fees. The CONTRACTOR shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection with s 40 G his performance under this Agreement. It is the intention of the parties, and a condition of this agreement, that the CONTRACTOR shall fully and totally indemnify the COUNTY against any kind or character of claim whatsoever that may be asserted against the COUNTY or against the COUNTY's officers, employees, or agents. CONTRACTOR hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of his performance under this Agreement, and pay any judgment or judgments that may be rendered against the COUNTY or against the COUNTY's officers, employees, or agents in connection therewith. The CONTRACTOR assumes all risk that may be associated with a golf course, including, but riot limited to, that of injury by golf ball, golf cart, force majeure, or wildlife, and the CONTRACTOR, and for his heirs and assigns, hereby releases and holds harmless the COUNTY, and the COUNTY's officers, agents, and employees, in connection with any such injury or bodily harm. 7. CONTRACTOR shall, at his sole expense, obtain and maintain during the term of this agreement insurance coverage in accordance with the requirements of the Indian River County Administrative Manual, or as otherwise approved by the COUNTY's risk manager. IN WITNESS WHEREOF, this Agreement was executed by the second of the two parties this ! J day of , 2001. Attest: J.K. Barton, Perk Deputy Clefk STATE OF FLORIDA COUNTY OF INDIAN RIVER 11171_\��719�ZK�1�P►��'/ By _-65W�itli Caroline D. Ginn, Chairman Capproved:Januaryl 23, 2001 Thomas T. Nelson d/b/a Wabasso Golf The foregoing Agreement was acknowledged before me this /Nday of January, 2001, by Thomas T. Nelson. Signature OFFICIAL NOTARY SEAL Print, d name of notry p4}f} s1oN No. cct�2z73 A Y COMMISSION F.XP. OCT.1M1,2001 Personally Known .. �/— OR Produced Identification Type of Identification Produced El •.Ai:ilw6li. CERTIFICATE OF INSURANCE DATEIMMIDOIYVI CBR °° NET,9TIt0 03(07(96 THIS CERTIFICATE IS ISSIIED AS A MATTER OF INFORMATION 1«OD000I CONFERS NO RIGHTS UPON THE CERTIFICATE Gallo -American -Calder Ins Agcy ONLY AND 11OLDER. TRIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 32099 Palm Beach Gardens rL 33420 COMPANIES AFFORDING COVERAGE Robert L. Galla COMPANY A Auto owners Insuranao Company ftm nn..._9d7A.49_.SL¢� SL_fyLuE INSURED COMPANY B COMPANY C —� Thomas T. Nelson Wabasso Golf P. o. Box 700338 COMPANY Wabaaso rL 32970 D COVERAGES :... -.... -.... .. _... .. THIS IS TO CERTIFY TI . A _ T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIRE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT oil OTHER DOCUMENT WITII RESPECT TO WIIICII THIS INDICATED, NOTWITTISTANDINO ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIIE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIIE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __--------- — -_____. POLICY EFFECTIVE POLICY EXPIRATION WAITS CO OR TYPE OF INSLMRANCF POLICY NUMBER DATE lMMlDDIYYI DATE IMMIDDIYYI GENERAL AGGREGATE 11,000,000 GENERAL LIABILITY 20424269 OZ ( ( 0496 0204 97 ( / PRODUCTS-COMPIOP AGO 11,000,000 pERSONALiADV INJURY 4 11 ODD,000 A Y COMMERCIAL GENERAL LIABILITY CLAIMS MADE 5Z OCCUR TACH OCCOMENCE / 1 000 ,000 OWNER'S S CONTRACTOR'S PHOT FIRE DAMAGE 1JIIY en/ IYSI 650,000 MED EXP ww—Paull 05.000 AUTOMOSIU UASIUTY 09/16/95 09/16/96 COMBINED SINGLE LIMIT 1 W ANY AUTO 20305564 Z ALL OWNED AUTOS BODILY INJURY 1$1,000,000 IPa paS«d SCHEDULED AUTOS Z HIRED AUTO$ BODILY INJURY S IPa AaldaHl Z NOWOWNEO AUTO$ PROPERTY DAMAGE 1 AUTO ONLY• EA ACCIDENT 1 GGE UASIUTY ARA OTHER THAN AUTO OklY1 ANY AUTO EACH ACCIDENT / AGGREGATE / EACH OCCURRENCE 1 F%CF{{ LIABILITY AGGREGATE / UMBRELLA FORM S OTHER THAN UMBRELLA FORM _ 6TATUTORY LIMIT$ WORICERS COMPIEN{ANON AND EACH ACCIDENT 1 EMPLOYERS' LIABILITY 21SEAI1 -POLICY LIMIT 1 THE PROPRI 0 INCL DISEASE• EACH EMPLOYEE I PARTNER$IEXECUTIVE — LRB AREI EXCL UI TC OLSCWPTION OF OPLRATION SA OC ATIONSNnSCI"ISPECIAL ITVAS Sporting Goods/Athletic Equip. Stores-OOlf Ball Sales A11 Operations/Palm Beach County and elsewhere in the State of Florida 32967 Project - Sandrid a Oolf Course, 5300 73rd Street, Vero Beac11, FL Golf Bal Retrieval Service ---- CERTIFICATE HOLDER I CANCELLATION IR00001 SIXIIHD ANY OF TRE ABOVE DEFCN$LD PONCIE{ BE CANCIUM BEFORE TRE LXRHATION DATE TIIUIEOF, 711E ISSUING COMPANY WILL LNDFAVOR TO MNL 1 O DAYS WRITTEN NOTICE TO TIIE CORI VICA7E 16OLDET1 NAMED TO 711E ILFT. SU, • w. ALTO MAIL sUCH NOTICE &RALL IMPOSE NO OSUOATION OR UASIUTY INDIAN RIVER COUNTY OF ANY KIND UPON TIIE COMPANY. ITS AGENTS ON REPRESENTATIVES. 2625 19th Avenue AUNIORIZ ENr rvE _ Vero Beach FI, 32960 '� eACORD CORPORATION 1993 ACORD 26.8 131331