PERMIT AND GUARANTY AGREEMENT
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DEE01258. ~GE 4?9
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PERMIT AND GUARANTY CONTRACT
WImREAS, Fred C. Ha.uth has requested pennission ef the:
City of Clearwater, Florida, a Municipal cGrperatieR_ t. install
at his expense not t. exceed two catch basins with connecting st.r.m
sewers Gn Gulf View Boulevard south of its intersection with Bayment
street en Clearwater Beach, Florida, and
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WHEREAS it is 'UJ1derstoed. aad agreed that sa 10. connectiJlg
storm sewer shall run from said catch blsins west acress frem por-
tions of property of said Homuth, described as Lots 1, 2, 3, 4 and
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5, Clearwater Beach Park Subdivision, te the Gulf of Mexico, and
WHEREAS said Fred C. Hemuth has agreed t. pay all costs of
installation, operation and maintenance ef said catch basins and
connecting storm sewer, and t. assume all liability in connection
therewith er arising therefrem.
NOW THEREFORE in consideration of the premises and of
the mutual benefits received by said parties under this Permit and
Guaranty Centract, it is agreed between said Fred C. HlDmuth and said
City of Clearwater as fellews:
1. The City of Clearwater hereby gives and grants to said
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Fred C. Homuth permission to install, not to exceed two catch basins
and a connecting storm sewer, within the right-of-way ef Gulf View
B8ulevard on Clearwater Beach, subject to the previsions of this
centract.
2. Said catch basins are te be installed south of the in-
tersection or Gulf View Beulevard and Bayment Street and sa id ccmnec-
ting storm sewer is to run west frem said basins across said property
of said Homuth t. the Gulf of Mexice.V
3. This permit shs.ll terminate within ene (1) year from
the date hereof unless said work ahall have been completed within
tha t time.
4. Said l"red C. Homuth hereby agrees t. pay all present
and future costs of installation, maintenance and operation of said
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,. ~E:~125B PAGE 480
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catch basin or basins and said connecting storm sewer.
5. Said Fred C. Homuth hereby agrees to use or allow said
connection storm sewer to be used only as a drain for surface water,
and to maintain and operate it in such a way as not to constitute a
nuisance either to the adjacent property owners or to the general
public.
6. Said Fred C. Homuth hereby assumes full responsibility
for and specifically guarantees and agrees to save the City of Clear-
water harmless from all damages and liability either to said City or
to any other persons, as a result of the installation, operation or
mainten.~ee af. said catch basins and connecting storm sewer now and
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for~v~;'~'1fl:it(th"'Said guarantee shall bind his heirs and assigns.
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.' . . .,,;j ~}~~S WHEREOF the parties hereto have set their hands
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an~ ;,seal:s in"~dupJ-:tcate this " day of ~ugIRliK', A. D"" ~
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'{\ "of"" - ..w--",..,~,-
'.--,.... .-- ,~ FLORIDA
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(~iAif" : ',' BY: -tSEAL)
ATT
Approved as to form and
correctness:
-4:-:-; ~ // (SEAL)
~re~c~~m~
City Attorney
Witnesses as to signatures of
. City OffiC~
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Witnesses as to signature of
Fred C. Homuth:
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STATE OF FLORIDA, COUNTY OF PINELLAS
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Before me, the undersigned authority personally appeared, Leland F. Drew,
Boyd A. Bennett, and H. G. Wingo, the acting-Mayor Commissioner, City Manager
and .G.it.y,. Clerk, r8specti vely, of the City of Clearwater, who being duly sworn
a.~~a:w1e.&1};e~ the execution of the foregoing instrument for the uses and pur-
..Rg~e'S---ene~ei{: expressed. .. . .-.-1--::.
/:;.;..l..... .. "C ~!~p..\S~\ my hand and ofhc,al seal th,s the ~.. ~ l:larch, 1950.
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Notary Public, State of Florida at large
My commission expires Dee, 27, 1952.
Bonded by American Surety C.. .f N. Y.
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WHEREAS a certain Permit and Guaranty Contract were
entered into by and between THE CITY OF CLEARWATER, FLORIDA,
and FRED C. HOMUTH, in accordance with a copy thereor hereto
attached, and
WEEREAS the said Fred O. Homuth has per:rormed 811 of
the duties required by him of the said contract, and
WHEREAS the catch basin installation constructed by
the said Fred C. Homuth has now become an integral part of
the city's general drainage system on Gulf View Boulevard,
Clearwater Beach,Florida,
NOW, THEREFORE, in consideration of the foregoing
and of one dollar and other good and valuable consideration,
the City of Clearwater hereby releases Fred C. Homuth from any
and all obligation under the terms of the aforesaid permit and
guaranty.
Dated at Clearwater,Florida, this, the I~. day of
D.:eEAf tJE(
Nv"leJRPer, 1952.
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( SEAL
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01 ty Man ger.
~~SEAL
M yo -Commiss 0 t
.' .."..-,
rid Clerk
Approved
to form and
correctness
. .~
City Attorney
LAW OFFICES OF
CASLER &. DOUGLAS
CLEARWATER. FLORIDA
signatures of