AGREEMENT - ENCROACHMENTS IN RIGHT OF WAY
.l
of I~
1 ~ < <';.
.
n'-"" i
{\ r l ~:.
oW..Ellt, 1..
\-It.-ROLl) WJ
I
C ';'iA n ryr~ ;,' c)"
ot...:)\J~....1/'......,,~,; ~"\
I
'~',8,.12'"
r.' d
u K C..,'".
~f;~
i':Z-'v ;t-~'
~fR \ \
tiU ' b~
" 30 \ \'1
A G R E E MEN T
THIS INDENTURE made and entered into on this the ~~
~
day of ~Htla~y, A. D. 1968, by and between WILLIAM H. HEINEMANN,
INC., a Wisconsin corporation, hereinafter referred to as Owner;
and the CITY OF CLEARWATER, a Florida municipal corporation,
hereinafter referred to as City;
WIT N E SSE T H:
WHEREAS the Owner is the owner of a fee simple title to
the following described real property lying and being in Clear-
water, pinellas County, Florida, to wit:
Lot 1, Block 15, of AIKEN SUBDIVISION,
according to the map or plat thereof as
recorded in Plat Book 14 at Page 45 of
the Public Records of Pinellas County,
Florida.
WHEREAS situate on the property described above is a
present six store commercial building having a roof overhang
on the North and East side thereof and the roof overhang on the
East side thereof extends out over into the right-of-way of
Prospect Avenue and affixed to that portion of the roof overhang
on the East side of said lot and extending over into the right-
of-way of Prospect Avenue are four planter-pylons which are
not weight supporting but merely decorative in nature but are
affixed to the Easterly edge of the said roof overhang on
Prospect Avenue and extend out into the right-of-way;
WHEREAS, Owner has requested permission of the City, pur-
suant to Section 156 of the Code of the City of Clearwater for
.Jf
Q
( I!
,r ~.:.
, .
"'~---..
~.-.",,!
LAW OFFICES OF
MACKENZIE. BENNISON
8: HAYGOOD
(, '
,;
}'
(L-
P/
- 1 -
227 SOUTH GARDEN AVE,
! .1..
L:
P. O. BOX !I66
CLEARWATER, FLORIDA
33517
I,
..
'.....
I
I
0, p 28,1? pl"~ AO'"
.'1'\. J-....{,.w :li..:,I-.::~_tt ,',,,
authority to keep such planter-pylons in their present location
under the terms and conditions hereinafter set forth and the
said parties being in agreement thereto, therefore,
IT IS HEREBY covenanted and agreed by and between the
Parties hereto as follows:
1. That the Owner shall be and he is hereby allowed to
keep and retain the said four planter-pylons on the East side
of the property described above, affixed and attached to the
roof overhang and extending and existing in the right-of-way
of Prospect Avenue under the terms and conditions hereinafter
set forth.
2. The City shall have the right of emergency access under
the said walkway on the East side of said property to effect
any emergency service required for the gas line and any such
access made by the City for access to the gas line under the
concrete walkway on the East side of the property above shall
be without liability on the part of the City to the Owner, his
successors or assigns. The City agrees to repair and restore
the concrete sidewalk after effecting such repairs in the event
City has to break through the same to obtain access to such gas
line.
3. The Owner agrees to keep, maintain and provide an addi-
tional liability insurance policy or add the City as an addi-
tional insured to Owner's own liability insurance policy on the
LAW OFFICES OF
MACKENZIE, BENNISON
8: HAYGOOD
real property described above indemnifying the City of and
227 SOUTH GARDEN AVE,
from any claim, damage, injury or demand which might be made
P. O. BOX !lllll
CLEARWATER. FLORIDA
33517
-2-
.., j
I
I
".
()8M? .0' 8
ox c. j (" PVc'[J"., ,
~.\.., ,"",J._"_ '~...... ,'. '_
against it by any person, firm or corporation by virtue of any
injury sustained by any such person, firm or corporation from
the said four pylons on the East side of the said property with
such policy to have limits of $100,000.00 for each person so
injured and $300,000.00 for each accident.
4. Owner agrees to remove the four planter-pylons on the
East side of the property encroaching into the public way of
Prospect Avenue within 72 hours after being notified to do so
by the City Manager of the City of Clearwater in the event it
becomes necessary to have said four planter-pylons on the East
side of said building removed for public purposes. In the event
the Owner should fail, neglect or refuse to remove the same
within the said 72 hour period, then the City shall have the
right to have said planter-pylons removed and Owner shall be
liable for the cost of removal of same and if the Owner does
not pay to City the sums expended and incurred by City in re-
moving the said planter-pylons, then City shall and does have
a lien against the entire property described above to secure
to City the payment of any sums that may be incurred by it in
removing the said planter-pylons and further securing the pay-
ment of reasonable attorneys fees to the City and all Court costs
incurred by the City in enforcing the lien granted hereunder.
This lien may be foreclosed by an action the same as any other
lien upon real property. This lien shall be a covenant running
LAW OFFICES OF
MACKENZIE, BENNISON - 3 -
8: HAYGOOD
227 SOUTH GARDEN AVE.
P. O. BOX IlBB
CLEARWATER. FLORIDA
33517
... \
~-'
I
,
2SJ'~ i) '4'09
n D I) 1I l, P'J~L..:.. ;
L'.,.T\, ' '\. __.~~ ',."'-''-. 'j. .
with the land and shall constitute an encumbrance on the
property obligating not only the present owner but any sub-
seuqent owners.
5. This Agreement shall be binding and obligatory upon
the parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have hereunto
caused these presents to be executed by their appropriate
officers.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
~t2~~
~ 1.L~ ~
Witnesses as to Owner~
WILLIAM H. HEINEMANN, INC.
:t: A.,~h- ./) ;t3 l' L/
-" "1' _, ( SEAL)
/~~;d~.?./ ;;< ---(L~i;)~k/
Witnesses as to City
P. O. BOX !l88
CLEARWATER, FLORIDA
33517
APPROVED as to form and
cO~7ss:, -/ ...<'.
BY: #/I-vfl!f1~---
f City AttGl.rn~y'."'.o. (,j7'
,..-- ;:, '::,':,~, .. ,- ~ ~ ..;.-...:"- ::~
ATTEST. ./ 4,',' ".,-".,.."~,"" ",' '" ", ',~.;
/-. .~-Y<':
Clerk 'i. ",/
~.' t
LAW OFFICES OF
MACKENZIE. BENNISON
ll: HAYGOOD
227 SOUTH GARDEN AVE,
I '.' (I.
r ;:
'-
1 '
I
I
"S;;'L~ ? A 0
Ci ,gt: tJ.L~. r~, S~~ ~:J. ..
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
Before me, the undersigned authority, personally appeared
WILLIAM H. HEINEMANN and IRENE HEINEMANN, respectively the
President and Secretary of WILLIAM H. HEINEMANN, INC., a Wiscon-
sin corporation, to me well known and who being by me first duly
sworn acknowledged before me that they executed the above and
foregoing instrument as the act and deed of said corporation.
O"~ .~~ .
Witness my hand and seal this cr' -" day of//~""""'-""
A.D., 1968.
My Commission Expires:
Notary Public, State of Florida at la~ge
My Commission Expires June 19, 1911
D JUl.,. ii, ^-^.;,..",!' I=jr~ R. Casualty Co~
~ ,%'-?::?"",:J ,c;,,.,..,"",',,.,,.,
~""""'" ~~~..,,:.
%tary Public :\.. . "': j. "'." '.'
State of Florida af.,-,~~a~ i -
y"
'.....,
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
~',' " 0(
Before me, the undersigned authority,
MERRETT R. STIERHEIM,#EVERETT t(. HOUGEN,
personally appeared
and ~B~T WHITEHEAD,
respectively the Manager, Mayor and Clerk of the City of Clear-
water, a Florida municipal corporation, who being first duly
sworn acknowledged before me that they executed the above and
foregoing instrument as the act and deed of said City.
IN WITNESS WHEREOF I have hereunto set my hand and seal this
~"
I tJ /day of
{L ,[,\.:.1.
/
, A. D., 1968.
/J ./:}
i:.12ft Oy leu. ~i-~
. / c' '. ; Notary Public
State of Florida at Large
P. O. sox !l66
, , < ~ ( 0'
OJ''.... i i:'rJ~'~~,..
(. \.. \.. 0) ~ _ii~lltJ.,
1"" c:)...."'...".. ,"-ill, '. .....-(.'."r ";'.
'_ .."V"J _ilill .:; ',_ ". v" ....'
My"""r$nm, . ,J" .." a", u.i, <Ul., . .T<...~fs.i re s :
.'~..fO" ~~._
..,''''., ~,O,' :, Pll~C, ,,$, "t2t,e." of ~I(I~rJ.b, "t Lilrge
I~J y '. ,'~, ,/I:,'7~~' 1 1970
Mv mill'lf'sS!on E;',R,lres.~~ .
liS'~~ ~[rails~~n(;~' ~_';1fanc:e Co~
" , .;" ....}. \... "
\"",..... i!r <,') .." (~ " "'~
~ -. "".." :1', "'" .,'"
'\/ .4.;)",~~,.....,,": \:;, ,
""\ \:... '
- 5 -
LAW OFFICES OF
MACKEN:tIE. BENNISON
Be HAYGOOD
aa7 SOUTH GARDEN AVE.
CLEARWATER. FLORIDA
33517