1961-10AGREEMENT
WHEREAS, the CITY OF CLERMONT is a Municipal Corporation
in Lake County, Florida, owning and operating a water system; and, a
part of the eastern boundary of said City is the centerline of Grand Avenue
(Grand Highway), as represented on the Official Map of the City of Clermort,
filed 2/4/26 and recorded in Plat Book 8, pages 17 -23, both inclusive, Public
Records of Lake County, Florida; and,
WHEREAS, HAROLD L. GORE and wife, MARIE M. GORE, are the
owners in fee simple of the following described real property located in
Lake County, Florida:
Tract 57 - A of Section 20, Township 22 South, Rapge
26 East, as represented on the Plat of Lake Highlands
Co. of Florida, filed 1/10/14, and recorded in Plat
Book 2, page 24, Public Records of Lake County,
Florida,
and which lies East of and adjoins the said Grand Avenue (Grand Highway);
and, they have requested the City of Clermont to furnish water and sani-
tary garbage disposal; and,
WHEREAS, said City allowed under Chapter 367, Florida Statutes,
to furnish water to property contiguous to said City, and will furnish same
together with sanitary garbage and trash disposal upon payment of water
connection and meter fees, pay for said water and sanitation at the regular
rates charged like customers in said City, plus 25% additional, provided
said parties do not furnish or resell to any other adjoining property owners
water as metered and purchased by them; THEREFORE,
In consideration of the mutual benefits to both parties hefein the said
CITY OF CLERMONT, as First Party, and the said HAROLD L. GORE and
wife, MARIE M. GORE, as Second Parties, do hereby mutually understand
and agree:
1. First party will at its expense extend its water main to a point
within said City and adjacent to the West side of said Grand Avenue; and,
second parties will pay first party its meter and connection charge as, and
when, billed, which will be installed by first party at its expense. The
meter to remain the property of the City.
2. The second parties will, at their expense, extend the water line
beyond the meter under the said Grand Avenue and pay for all damages
done to said street (the first party hereby grants permission for extension
under said Avenue) in extending same thereunder. The pipe so installed
under the street and within the right-of-way of said Grand Avenue will become
and remain the property of first party; and, all other extensions thereof will
remain property of second parties.
3. Second parties agree to pay for said water and sanitary service at
the rates now or hereafter established by first party, plus 25% thereof for
service outside of the said City; and if not so paid as billed first party
may, without notice, discontinue said services until all sums are paid
first party, plus all cut-on fees or other fees as established by first
party as a penalty for non -payment of services billed.
4. Second parties will not resell any water purchased from first
party to any other party. It is agreed that these services so agreed upon
herein are to be furnished only to the residence of second parties and
appurtenant buildings on their premises, exclusive of any apartments
or other facilities constructed thereon.
5. If any time hereafter the first party by operation of law is
estopped from continuing either or both of these services, water and
sanitation, second parties will make necessary provision for same and
first party will not be liable in any manner to second parties.
6, Second parties will not use said water to irrigate a commercial
grove without first party's consent.
7.. This agreement shall remain in effect so long as the first party
owns said water system and/or furnishes said water and sanit ary services,
unless estopped as .. provided under 5 above. Also, this agreement shall
inure to and be binding upon the heirs, executors, administrators and
assigns of second parties, and the successors to first party. However,
nothing herein shall prevent second parties from terminating this agree-
ment three (3) years after date hereof and first party terminating same
upon non -payment 'of bills, or by operation of law as above provided.
WITNESS the hands and seals of the first and second parties, this
May 31, 1961.
CITY OF CLERMONT
BY
MAYOR
WITNESSES:
As to both Parties.
Attest:
City Clerk
(First Party)
(Second parties)
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