Sign Removal
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AGREEMENT
This Agreement is entered into this ih day of April, 2003, by and between the
City of Salina, Kansas (the "City") and George Lay Signs, Inc. ("Lay Signs").
Recitals
A. Lay Signs owns four billboard signs located at mile markers 87.14, 87.2,
87.28, and 87.34 along Interstate Highway 135 (the "Signs") pursuant to a Lease Contract
dated July 7, 2000 between Lay Signs and the Dr. Elden Miller Trust as assigned to the
City in conjunction with the purchase of real estate from the Dr. Elden Miller Tmst for
purposes of construction of the Water Well Road - 1-135 interchange project.
B. Lay Signs and the City desire to enter into this Agreement to provide for
the acquisition/relocation of the Signs.
C. Lay Signs and the City acknowledge that if Lay Signs does not reach
agreement with the City concerning the acquisition/relocation of the Signs, the City will
acquire the Signs through condemnation.
THE PARTIES agree and covenant as follows:
1. Removal of Signs. Lay Signs agrees to remove the Signs (induding all
salvage or waste materials) from the city-owned property upon which they are located no
later than Friday, April 11, 2003.
2. New Sign. Lay Signs intends to pursue a form of relocation of the
existing signs through the construction of a single-pedestal, steel-frame, billboard sign in
a suitable location near Salina (the "New Sign").
3. Compensation. If Lay Signs is successful in lawfully constructing the
New Sign by December 15,2003, the City shall pay $8,240 to Lay Signs when the New
Sign is completed in full payment for the acquisition and removal of the Signs. If Lay
Signs diligently pursues construction of the New Sign, and is unsuccessful in lawfully
constructing the New Sign by December 15, 2003 for reasons outside the control of Lay
Signs, or if Lay Signs is unable to secure the new ground lease on terms reasonably
acceptable to Lay Signs, the City shall instead pay $12,240 to Lay Signs in full payment
for the acquisition and removal of the Signs; provided, however, if Lay Signs is
unsuccessful in lawfully constructing the New Sign by December 15, 2003 due to Lay
Signs lack of diligence or failure to meet reasonable requirements and terms within the
control of Lay Signs, the City's obligation to Lay Signs for acquisition and removal of
the signs shall be fully met by paying $8,240 to Lay Signs.
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4. No Representations. In the course of entering into this Agreement, the
City, its elected officials, and its appointed staff make no representations regarding the
nature of nor the likelihood of success of any applications for actions by the City required
in the course of lawfully constructing the New Sign. City staff will be available to assist
Lay Signs with matters pertaining to City requirements relating to the lawful construction
of the New Sign, just as would be the case with any applicant seeking required City
approval of matters pertaining to any construction project.
5. Assignment. This Agreement shall not be assigned by Lay Signs without
the advance written consent of the City.
6. Binding Effect. This Agreement shall be binding upon the parties and
their successors and assigns.
WHEREFORE, this Agreement is executed by the duly authorized officers of the
City and Lay Signs as of the date and year first written above.
CITY OF SALINA, KANSAS
ATTEST:
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Lieu Ann Nicola, City Clerk
GEORGE LAY SIGNS, INC.
John Lay, President
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