Agenda - Council - 07/11/2023 - Laserfiche WebLink

Home

WHEREAS, the Sign would be located on the northwest corner of the intersection of Armstrong Boulevard and 149th Lane NW as shown on Exhibit B. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. The City hereby approves an encroachment on and over the Easement by Landowner for the purposes of installing and maintaining the Sign over that part of the Easement as shown in Exhibit B subject to the terms of this Agreement. Landowner shall not expand the Sign in size or height unless approved in writing by the City and no change in the existing grade by Landowner is allowed under this Agreement. 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easement. 3. The Landowner shall be responsible for all costs relating to use, maintenance and repair of the Sign. 4. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities of the City located within the Easement including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and expedient to excavate within the Easement, Landowner shall be responsible for removing, reconstructing and/or repairing the Signs and the City's only obligation shall be to fill the excavated area and level the same to the grade that it was prior to the City's excavation. Not withstanding the above, in the event the City finds it is necessary to completely and totally restore easement area, the landowner agrees to remove the Sign that has been placed in the Easement. Landowner will promptly comply with said removal request at their expense and will remove the Sign within sixty (60) days of the written request by the City. 5. In the event that Landowner fails to take any action required in this Agreement and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, as a result of the Landowner's use and maintenance of the Sign, the City may take any and all actions permitted by law to collect the costs of those repairs and the City may further levy an assessment 2