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<br />...".....', ..... .'-,....,,-"..., '."-,-" ........................c.-....' ~ - ~. .... - . . _, ~\....:'.. , . ,\..,.....'~ ....Li\.....;."_~- .._ _~~ ,....~.....- ~. L~ <br />.' l~ 118 <br />I of the obstructinq trees. It is the <br />I' intent of the parties that a successful <br /> negotiation with MNDOT would eliminate <br /> or lessen the need to increase the <br /> height of Billboard 4 by the maximum of <br /> twenty (20) additional feet. <br />I 4. If the Seller's neqotiations with the <br /> owners of the Vauqhn Property and M.~DOT <br /> are successful, the heiqht of Billboard <br />I 4 shall not be increased beyo~d its <br /> current heiqht. <br />I 5. Any other chanqes to the location or <br /> height of Billboard 4 shall require the <br /> mutual consent of the parties. <br />I 4. Future Development. Although the City is <br /> interested in seeing office buildings placed on <br /> the remainder of the Seller's pruperty, the City <br />I will cooperate with Seller to develop such <br /> property in a manner that is practical and <br /> consistent with the City's development regulation <br /> and attached Statement of Intent. City will not <br />I condition the development of Seller's remaining <br /> property upon the removal of Billboards 3 and/or <br /> 4 . <br />.. s. Permanent Storm Water Easement. Seller shall <br /> convey the pe~~anent sto~~ water easement upon <br /> adoption of the Gateway Zoning Ordinance Amendment <br />I referred to in Section 3.0(I) (1) above. <br /> J. Representations, Warranties and Indemnity by Seller. <br /> Seller represents and warrants to City as follows: <br />I 1- Orqanization; Authority. Seller is a duly <br /> organized Georgia corporation and is in good <br />I standing under the laws of the State of Georgia; <br /> Seller is duly qualified to transact business in <br /> the State of Minnesota; Seller has the requicite <br /> organizational power and authority to execute and <br />I perform this Agreement and any Seller's Closing <br /> Documents to be signed by it; such documents have <br /> been (or will be prior to Closing) duly authorized <br />I by all necessary corporate action on the part of <br /> Seller and at the Closing shall have been duly <br /> executed and delivered; such execution, delivery, <br /> and performance by Seller of such documents does <br />I not conflict with or result in a violation of <br /> Seller's Articles of Incorporation, Bylaws or any <br /> judgment, order, or decree of any court or <br /> arbitrator to which Seller is a party, or any <br />I agreement by which Seller is bound; and such <br /> 13 <br />" <br />I <br />