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HomeMy WebLinkAbout1979 Hold Harmless AgreementHELEN CHARLES J. CLARK, O.C. LAWRENCE R. MAILLOUX ROGER SKINNER LAWRENCE R. MORIN DANIEL K. MOORHOUSE CHARLES F CLARK JOHN COUGHLIN MCTAGIIE , CLARH BARRISTERS & SOLICITORS M. McTAGUE, O.C. MAURICE F. COUGHLIN, O.0 J. DOUGLAS LAWSON LEONARD P. KAVANAUGH ALEXANDER R. 5ZALKAI LEO A. INNOCENTE ROBERT M. CLARK SHAUGHNESSY COHEN L. B. Vocelle, Esq. City Attorney 2140 10th Avenue P. 0. Box 488 Vero Beach, Florida 32960 Dear Sir: TELEPHONE WINDSOR (5191 2SS -4300 DETROIT (313) 965 -1332 DIRECT DIAL NUMBER (519) 25S -4346 CANADA TRUST BUILDING WINDSOR, ONTARIO CANADA N9A SP2 July 26, 1979 Re: Cecil R. Farmer and the City of Sebastian Further to our letter of July 18, we are enclosing herewith Hold Harmless Agreement which has been executed by Mr. Farmer after amendment to provide for Paragraph 3. lie would appreciate your having the Agreement executed by the proper officers of the City of Sebastian and returning one fully executed copy to the writer on behalf of Mr. Farmer. Yours very truly, CHARLES F. CLARK CFC /is encl. 2 HOLD HARMLESS AGREEMENT WHEREAS, certain property on Indian River Drive in Sebastian, Florida, presently owned by CECIL R. FARMER, does not have its own water supply, and WHEREAS, said property is utilizing water from an artesian well which is located on property owned by the City of Sebastian, and WHEREAS, the City of Sebastian is not receiving any consideration for the use of said well but is desirous of a hold harmless agreement from CECIL R. FARMER releasing the City from any obligation or responsibility in connection with the use of said artesian well; follows: NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as 1. The City of Sebastian agrees that CECIL R. FARMER shall continue to use the water from the artesian well located on property owned by the City to service his property on Indian River Drive. 2. In return, CECIL R. FARMER specifically holds the City harmless and releases the City for himself and any one occupying said property from any claims of allergy, sickness or other use of said artesian well water. 3. ' This agreement shall not be construed in any manner whatsoever to abrogate, release or waive any rights enjoyed by CECIL R. FARMER to the use of the said artesian well by prescription, possession or otherwise. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this >-'A } 4 day of July, 1979. SIGNED, SEALED AND DELIVERED in the presence of: 01 00� As to Cecil R. Farmer As to City of Sebastian eciIR. Far er CITY OF SEBASTIAN, FLORIDA By: Pat Flood, Jr., Mayor Attest: City Clerk HOLD HARMLESS AGREEMENT WHEREAS, certain property on Indian River Drive in Sebastian, Florida, presently owned by CECIL R. FARMER, does not have its own water supply, and WHEREAS, said property is utilizing water from an artesian well which is located on property owned by the City of Sebastian, and WHEREAS, the City of Sebastian is not receiving any consideration for the use of said well but is desirous of a hold harmless agreement from CECIL R. FARMER releasing the City from any obligation or responsibility in connection with the use of said artesian well; follows: NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as 1. The City of Sebastian agrees that CECIL R. FARMER shall continue to use the water from the artesian well located on property owned by the City to service his property on Indian River Drive. 2. In return, CECIL R. FARMER specifically holds the City harmless and releases the City for himself and any one occupying said property from any claims of allergy, sickness or other use of said artesian well water. 3. This agreement shall not be construed in any manner whatsoever to abrogate, release or waive any rights enjoyed by CECIL R. FARMER to the use of the said artesian well by prescription, possession or otherwise. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this .? 044 day of July, 1979. SIGNED, SEALED AND DELIVERED in the presence of: A�to Ce cil . Farmer As to City of Sebastian Cecil r. Farmer CITY OF SEBASTIAN, FLORIDA By: Pat Flood, Jr., Mayor Attest: City Cler ^ 1 rF C -D May 1, 1979 Mr. Cecil R. Farmer 311 Manly Avenue Sebastian, Florida 32958 Dear Mr. Farmer: At the request of the Mayor and City Council of Sebastian at the recent Council meetingtherein you were in attendance, I have prepared and am enclosing herewith a Hold Harmless Agreement pertaining to the use of the artesian well which is presently servicing the property you own at Indian River Drive. You indicated at the time that you would want your attorney to review this agreement. Please do this. The Mayor requests that this executed Agreement be returned by you within ten (10) days from the date hereof. If you or your attorney have any questions, please advise. Sincerely yours, L. B. Vocelle LBV:ecp Encl cc: City of Sebastian ✓' CERTIFIED MAIL #P09 2110205 HOLD HARMLESS AGREEMENT WHEREAS, certain property on Indian River Drive in Sebastian, Florida, presently owned by CECIL R. FARMER, does not have its own water supply, and WHEREAS, said property is utilising water from an artesian well which is located on property owned by the City of Sebastian, and WHEREAS, the City of Sebastian is not receiving any consideration for the use of said well but is desirous of a hold harmless agreement from CECIL R. FARMER releasing the City from any obligation or responsibility in connection with the use of said artesian wells NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as followst 1. The City of Sebastian agrees that CECIL R. FARMER shall continue to use the water from the artesian well located on property owned by the City to service his property on Indian River Drive. 2. In return, CECIL R. FARMER specifically holds the City harmless and releases the City for himself and any one occupying said property from any claims of allergy, sickness or damages that may occur by reason of drinking, application or other use of said artesian well water. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of May, 1979. Signed, sealed and delivered in the presence oft (SEAL) CeRl R. Farmer As to Nall R. Farmer CITY OF SEBASTIAN, FLORIDA By: Pat oo r., Mayor As to City o Se ast an Attest: City Clerk t • � M I I } MOLD HARMLESS AGREEMENT WHEREAS, certain property on Indian River Drive in Sebastian, Florida, presently owned by CECIL R. FARMER, does not have its own water supply, and WHEREAS, said property is utilizing water from an artesian well which is located on property owned by the City of Sebastian, M1 WHEREAS, the City of Sebastian is not receiving any con- sideration for the use of said well but is desirous of a hold harmless agreement from CECIL R. FARMER releasing the City from any obligation or responsibility in connection with the use of said artesian well; NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows: 1. The City of Sebastian agrees that CECIL R. FARMER shall continua to use the water from the artesian well located on property owned by the City to service his property on Indian River Drive. 2. In return, CECIL R. FARMER specifically holds the City harmless and releases the City for himself and any one occupying said property from any claims of allergy, sickness or damages that may occur by reason of drinking, application or other use of said artesian well water. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of July, 1979. Signed, sealed and delivered in the presenve oft ( SEAL) Cecil R. Farmer As to Cecil R. Farmer CITY OF SEBASTIAN, FLORIDA As to City of Sebast an By: Fat MR, Jr., Mayor Attests C ty C erk