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(B) This agreement is further contingent upon the Buyer making a <br />determination that the proposed development can be constructed <br />on the property without the use of piling, extraordinary filling or <br />similar extraordinary land preparation steps which would make it <br />financially impractical for the Buyer's intended use. if the Buyer is <br />unable to ensure this, the Buyer may seek nullification of this <br />agreement and return of its earnest monies. There will be no <br />further obligations on the part of either party. <br />(C) This agreement is contingent upon the availability of sufficient <br />utilities in the vicinity of the project. The Buyer shall notify the <br />Seller within 1.80 days of entry into this Purchase Agreement if the <br />utilities are insufficient. if the utilities are insufficient, the Buyer <br />shall notify the Seller who in turn will return any monies in escrow <br />and the purchase agreement shall become null and void. There <br />will be no further obligations on the part of either party. <br />(D) This agreement is contingent upon the parties mutually agreeing to <br />terms of the removal and replacement of the billboard and future <br />access to the billboard as replaced as well as City approval of the <br />new billboard. The parties have outlined its guiding principles as <br />follows: <br />1. The existing bill board will be removed; <br />2. The objective of the new sign location is to ensure visibility to <br />Highway 10 by traffic from both the east and the west; <br />3. The sign will have masonry for the support columns; <br />4. The Seller shall own the reader board; <br />5. The reader board shall be a two sided digital board visible <br />from both directions of Highway 10 with a minimum sign <br />face on each side of 32 square feet (minimum width of 4 and <br />minimum length of 8 feet). The bottom of the reader board <br />shall be at least 6 feet up from average grade; <br />6. The reader board messages will be controlled by the Seller <br />and shall be used as it deems appropriate; <br />7. The costs for the creation and installation of the reader <br />board itself shall be a cost to the Seller. The costs for the <br />supports of the entire sign shall be borne by the Buyer and <br />well as the cost for any added signage on the pylons; <br />8. The Seller shall pay for its cost of ongoing electricity and <br />maintenance of the digital advertising board. The cost for <br />maintenance of the structure itself is a cost to the Buyer. <br />20. CLOSING COSTS. <br />