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AGREEMENT TO ERECT A BILLBOARD I I o. ~. 4'564 fAGE 850 77098582 ,.,r'~-~_", G!.c:,;;!~ l~---~:_~ t, <f i.~' AGREEMENT THIS AGREEMENT, made and entered into this 71 M:ay of 4.3 ,..._.,:::_cL'J.c:1l T0i It), cnJ Y>--~ FL .~ t-d ~~ <d >';t~-, ,-,", '1' ...... ,,:: :~j ~ ~ )_:, 00 ~ ~!.,~: ,~ . y--' f-i 'ti ci ~ ,,:; U p,; ~ ~ -< ril H Q >. ..~oo >'1-<"<Ii .not- '0 ~ "<Ii 00' ~ ~ B rci. ro ~f:Q<:.;) ~~ .cr,) 1-<UO ~I p. . "01 ill z. ~ 'I:: ~ ~ ~..~i f$ t-1 ~,~~-, w +:: ....., ~;:::;ro~ ClJ "'" f$ <U d..... 1-< ~ 8 . i3 ~I 1-<~..--o !-t t;;rflU~ r::"";''H~ 'M ---... OOl .;!.:i:;S >. "q0~ f-i::qu E-l 01 Cash 11 Chg 40 Rec 41 St 42 Sur 43 Int Tot . ,f,/, A. D. 1977, by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as l1City", 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"; WITNESSETH: WHEREAS, FOSTER AND KLEISER wishes to erect a billboard on a portion of the following described property, which property falls within a 40 foot easement proposed right-of-way established by the City of Clearwater: 00 ,..c It) cr.l cr.l From the South 1/4 corner of Section 30, Township 28 South, Range 16 East, Pinellas County, Florida, run East 1412.09 feet; N 420 W, 430.81 feet for P. O. B.; thence N 420 W, 423.56 feet; N 400 W, 240.22 feet; N 70 E, 35.90 feet; N 530 E, 154.24 feet; N 580 E, 500 feet; S 470 W, 300 feet to P. O. B.; and WHEREAS, by Ordinance No. 1581, Section 7, ~18-10 (7) (c), it is provided that where a 40 foot easement proposed right-of-way has been established by the City Commission, Off-Premise Signs are permitted but only under a stipulation (covenant agreement) that if such area is neces sary for additional traffic requirements, then the Sign Owner shall remove 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 It. HJ LE V EZ NOr -1- l )j n 0:1 Jln'jdi!:!:~H3"\~:l .,..........'J7"..LJ.... . '..'~-.'~~',.". :- ", - ,~~ ....... " I'! :; -1" .~<,;,1"i13.ftld: .,.- {~':"~ ~ '...\ (~..~,,\ cr.... ": / /'.. (1--' . ..)) _~j /' U , "_~ t... r,.. ~ I I a. R. 4564 PAGE 85~ 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 said 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 time, 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, harmless 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 regardles s of whether it is specifically mention~d in any deeds or conveyances 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 furnished to the respective parties at the following addresses, until receipt of written 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 23267 Tampa. Florida 33623 -2- '. I I O. K.4564 PAGE 852 7. The parties hereto agree that this agreement shall 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. Countersigned: By Witnesses: 7 , 7 -. LiIA~ ( {J ~~~ kA;Uf- As'to City , ~ . (),~ ( -0-L,^-,~'. 0ew ~ V ') ~/. (":/,~f<.( "('J / ')J(/~a4.J As to Foster and Kleiser FOSTER AND KLEISER, a Division of Metro Media, Inc., a Delaware corporation, Authorized to do Business in Florida By~A.Mk~ Regional Real Estate }funager Atte s t: :::<"J?J t..:.'"Lc.t./ 'j . ! L-i-l <:....'(..? I -3- .. I I o. w. 4564 PAGE 853 ST ATE OF FLORIDA COUNTY OF PINELLAS tU/ I HEREBY CERTIFY, that on this ;) '3 day of June, 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 Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers 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 the said Agreement is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County o,f Pinellas and State of Florida, the day and year last above written. ~f1 Notary ublic' ~".. , . '.. ..' . ....... .'''.' . . - .. ,- ,. . ,;--..' , ' .~ \ -",' "' - .J i .' , -', I\~'\l CIJ~l'~:JJtl ~9Jah'l IT A",.,w~> .....Jit Co. My Commission Expires: NG'I','":,r:'~" f: '" '~]'/3 STA TE OF FLORIDA COUNTY OF k~./ 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 said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this d 3;:d. day of JUI}e, A. D. 1977. ~ /C. iJ.....<:..........'..;....',\.._....:-....:...'.~.. Ul~- . Nota: y Public .:.;.:;;.:. '-:.l'" , " \..... ['" My Commission Expires: , ~' (' -4-