AGREEMENT TO ERECT A BILLBOARD (2)
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o. R.4578 PAGE 992
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771.18340
AGREEMENT
GREEMENT, made and entered into this /day of
" A. D. 1977, by and between the CITY OF CLEARWATER,
, a municipal corporation, hereinafter referred to as "City", and
FOSTER AND KLEISER, a Division of Metro Media, Inc.. a Delaware corporation
authorized to do business in Florida, hereinafter referred to as "Sign Owner";
40 foot easement proposed right-of-way established by the City pf Clearwater:
From the NE i of Section 31, Township 28 South, Range 16
East run S 281 ft. MOL of E 446 ft. MOL less Rd., and
also, from SE Cor W 762.96 ft. N 280.54 ft. to 1076.66 ft.
W 648.49 ft. to P. O. B. less from SE Cor W 100 ft. MOL
to W R/W line US Hwy 19 then N'Ly with said R/W 1135 ft.
MO~ to P. O. B. then SE' Ly 326. 89 ft. NW' Ly 200.32 ft.
NElLy 258 ft. S'Ly 20 ft. NElLy 65.95 ft. to PT on W R/W
line US Hwy 19 SE'Ly with said R/W 180.18 ft. to P. O. B. '
WITNESSETH:
WHEREAS, FOSTER AND KLEISER wishes to erect a billboard on a
portion of the following described property, which property falls within a
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WHEREAS, by Ordinance No. 1581, Section 7, Sub-section 18-10 (7),
provided that where a 40 foot easement proposed right-of-way has been
established by the City Commission, Off-Premise Signs are pel,lmitted but
only under a stipulation (covenant agreement) that if such area i,s necessary
for additio,nal traffic requirements, then the Sign Owner shall r~move said
signs at his own expense; and
WHEREAS, the City is agreeable to the erection and conditional
continuation and use of said sign under certain conditions and subject to
certain restrictive provisions;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable consideration between the parties, receipt of which
is hereby acknowledged, the parties hereto covenant and agree as follows:
1. Sign Owner hereby acknowledges that the identification sign to be
erected is within the forty foot (40') right-of-way easement described above
and is an encroachment upon said easement and its continuation is subject
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o. R.4578 PAGE 993
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to removal and the Sign Owner may be required to remove the same in
accordance with the procedure set forth herein.
2.. Sign Owner hereby covenants and agrees that at any 'time the City
shall serve a written notice upon them, or their successors in title, requesting
the removal of said sign, that they will, within thirty (30) days from the service
of aaid notice, completely remove the sign in its entirety at their expense.
3. Sign Owner further covenants and agrees that in the event the City
serves notice upon them for the removal of said sign and they do not remove
it within the prescribed tiIne, the Sign Owner hereby authorizes the City,
through its agents or representatives, to enter upon the premises and have
said sign removed and any costs, charges or expenses for the removal thereof
shall be assessed against the property as a lien.
4. Sign Owner further covenants and agrees that in the event the
City serves such notice of removal and Sign Owner does not remove the sign
within the prescribed time,' that they will save the City, its agents or
representatives, barmless from any and all costs or claims by any person
in connection with the removal of said sign.
5. This agreement is to be regarded as a covenant running with the
land regardless of wbether it is specifically mentioned in any deeds or
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cOllveyances subsequently executed, and this agreement shall be binding on
the present owners, their successors and assigns, and also upon the present
lessee, their successors or assigns, and any subsequent lessees or parties
who may then be in possession of the premises.
6. All notices pursuant to this agreement shall be furnisbed to the
respective parties at the following addresses, until receipt of wr:itten
instructions notifying the other party of a different address:
City:
City Manager
PO Box 4748
Clearwater, Florida 33518
Sign Owner:
Foster and Kleiser
PO Box 2. 32.6 7
Tampa Flo ricla 3362. 3
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1.0.. R. 4578 rAGE 994
7. The parties hereto agree that this agreement sball be recorded
in the Public Records of Pinellas County, Florida, to serve as constructive
notice as well as be actual notice to everyone of the existence thereof.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year last above written.
By
City Clerk
FOSTER AND KLEISER, a Division of
Metro Media, Inc., a Delaware corporation,
Authorized to do Business in Florida
BY~ A. MkadX
Attest:
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Countersigned:
(lY..0-/.d.t' ~
Mayor-Commission .
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Witnesses:
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As to city
djiLJ). /JRMJ
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As to Foster and Kleiser
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~._R.4578 rAGE 995
STA TE OF FLORIDA
COUNTY OF PI~~LLAS
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I HEREBY CERTIFY, that on this day of~, A. D. 1977,
before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin,
R. G. Whitehead and Gabriel Cazares, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner, of the City of Clearwarer,
Florida, a municipal corporation, to me known to be the individuals anu officerE
described in and who executed the foregoing Agreement and severally acknowledged
the execution thereof to be their free act and deed as such officers thereunto
duly authorized; and that the official seal of said municipal corporation is duly
affixed thereto, and fne said Agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pinel1as and State of Florida, the day and year last above written.
J~ d/lv.~, G )dtu ~'-'
Not ry PU lic ........ . ..> '
My Commission Expires:
Notary Public, S!ate of Florida at Larg"
My Cftm'ntI:~f:Vq ~.JliH.. S-c;.-,.,I. 1', 11,1
Bonded by American Firo & C\Jsu.:llly Co.
STA TE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally appeared
Steve A. Galberaith, Regional Real Estate Manager of Foster and Kleis er,
a Division of Metro Media, Inc., a Delaware corporation, authorized to do
business in Florida, to me well known and known to me to be the individual
described in and who executed the foregoing Agreement and he acknowledged
to and before me that he executed said instrument on behalf of and in the name of
said corporation as such officer; that he is duly authorized by said corporation
to execute said instrument and that said instrument is the free act and deed of
s aid corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal this 28th day of June, A. D. 1977.
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Not y Public ",'. --, '_
My Commission Expires:
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