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024 -SO CO)
COMPANIES
Lamar Co #15]
This Instrument Prepared by:
James R. McIlwain Renewal
5321 Corporate Boulevard Lease #151-46801
Baton Rouge, Louisiana 70808
James R. Mcllwain
SIGN LOCATION LEASE
THIS LEASE AGREEMENT (“Lease”), made this 8 bay of Te Jex Y__, 202of by and between:
The City of Muskegon
{hereinafter referred to as “Lessor”) and THE LAMAR COMPANIES (hereinafter referred to as “Lessee”), provides
WITNESSETH
“LESSOR hereby leases to LESSEE, its successors of assigns, as much of the hereinafter described lease premises as may
be necessary for the construction, repair and relocation of an outdoor advertising structure (“sign”), including necessary structures,
advertising devices, utility service, power poles, communications devices and connections, with the right of access to and egress from
the sign by LESSEE’S employees, contractors, agents and vehicles and the right to survey, post, illuminate and maintain
advertisements on the sign, and to modify the sign to have as many advertising faces, including changeable copy faces or electronic
faces, as are allowed by local and state law, and to maintain telecommunications devices or other activities necessary or useful in
LESSEE'S use of the sign. Any discrepancies or errors in the location and orientation of the sign are deemed waived by LESSOR
upon LESSOR’S acceptance of the first rental payment due after the construction of the sign.
The premises are a portion of the property located in the City of Muskegon, State of Michigan, more particularly described as:
BR-31@GETTY Pin 61-24-205-001-0003-96
1, This Lease shall be for a term of Fifteen (15) years conunencing on 02/15/2024.
LESSEE may renew this Lease, for an additional term, of Year to Year, on the same terms and conditions, except annual
rent will increase by two percent (2%) aver the rent paid during the previous year, and every year thereafter. Said renewal term shall
automatically go into effect unless Either party shall give to the other party written notice of non-renewal at least sixty (60) days
prior to the expiration of the original term or additional term.
2. LESSEE shall pay to LESSOR an annual rental of (See payment schedule on page 2) Dollars, payable annually, in
advance with the first installment due on the first day of the month following commencement. Rent shall be considered tendered upon
due mailing or attempted hand delivery during reasonable business hours at the address designated by LESSOR, whether or not
actually received by LESSOR, Should LESSEE fail to pay rent or perform any other obligation under this lease within thirty (30)
days after such performance is due, LESSEE will be in default under the lease. In the event of such default, LESSOR must give
LESSEE written notice by certified mail and allow LESSEE thirty (30) days thereafter to cure any default. In addition to annual rent,
upon the installation of a digital face during the term of the Lease, LESSOR shall have the right to display an advertisement of its
choosing on any rotating slide show of the digital sign on a monthly basis, which LESSOR display shall continuously run on the
digital sign slide show until LESSOR chooses a new display or advertisement,
3. LESSOR agrees not to erect or allow any other off-premise advertising structure(s), other than LIESSEE’S, on property
owned or controlled by LESSOR within two thousand (2000) feet of LESSEE’S sign. LESSOR further agrees not to erect or allow
any other obstruction of highway view or any vegetation that may obstruct the highway view of LESSEE’S sign. LESSEE is hereby
authorized to remove any such other advertising structure, obstruction or vegetation at LESSEE’S option. LESSIEE’S access over the
leased premises shall be strictly limited only to thase areas of the leased premises necessary to access the existing signed structure at
the leased premises.
Rev 7/6/2012
4. LESSEE may terminate this lease upon giving thirty (30) days written notice in the event that the sign becomes entirely or
partially obstructed in any way; provided, however, LESSOR shall be given thirty (30) days to cure such obstruction before LESSEE
may terminate the Lease as provided in this paragraph. In the event of termination of this Lease prior to expiration, LESSOR will
return to LESSEE any unearned rentals on a pro rata basis.
5. All structures, equipment and materials placed upon the premises by the LESSEE or its predecessor shall remain the
property of LESSEE and may be removed by LESSEE at any time prior to or within a reasonable time after expiration of the term
“hereof or any renewal, At the termination of this lease, LESSIE agrees to restore the surface of the premises to its original condition.
The LESSEE shall have the right to make any necessary applications with, and obtain permits from, governmental bodies for the
construction and maintenance of LESSEE’S sign, at the sole discretion of LESSEE. All such permits and any nonconforming rights
pertaining to the premises shall be the property of LESSEE.
6. LESSOR represents that it is the owner or lessee under written lease of the premises and has the right to make this agreement
and to grant LESSEE free access to the premises to perform all acts necessary to exercise its rights pursuant to this lease. LESSOR is
not aware of any recorded or unrecorded rights, servitudes, easements, subdivision or building restrictions, or agreements affecting the
premises that prohibit the erection, posting, painting, illumination or maintenance of the sign. LIESSOR acknowledges that the terms
and conditions of this agreement are confidential and proprietary and shall not be disclosed to any third-party without the written
consent of LESSEE.
7. In the event of any change of ownership of the property herein leased, LESSOR agrees to notify LESSEE promptly of the
name, address, and phone number of the new owner, and LESSOR further agrees to give the new owner formal written notice of the
existence of this lease and to deliver a copy thereof to such new owner at or before closing. This lease is binding upon the personal
representatives, heirs, executors, successors, and assigns of both LESSEE and LESSOR. LESSEE shall not assign or transfer this
Lease without prior written consent of LESSOR, which consent shall be in LESSOR’S sole discretion. Any assignment, subletting,
or other transfer, even with LESSOR’S consent, shall not relieve LESSEE from primary liability for the payment of rent or the
primary obligation to be bound by the terms, conditions, and covenants of this Lease.
8. In the event of condemnation of the subject premises or any part thereof by proper authorities, or relocation of the highway,
the LESSOR grants to the LIESSEE the right to relocate its sign on LESSOR’S remaining property adjoining the condemned
property or the relocated highway. Any condemnation award for LESSEL’S property shall accrue to LESSEE,
gS. LESSEE agrees to indemnify LESSOR from all claims of injury and damages to LESSOR or third parties caused by the
installation, operation, maintenance, or dismantling of LESSEE’S sign during the term of this lease. LIESSILE further agrees to repair
any damage to the premises or property at the premises resulting from the installation, operation, maintenance, or dismantling of the
sign, less ordinary wear and tear.
10. If required by LESSEE, LESSOR will execule and acknowledge a memorandum of lease suitable for recordation. LESSOR
further authorizes LESSEE to perform all acts that are incidental to or necessary for the execution and recordation of such
memorandum or memoranda,
ll. This Lease is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar Advertising Company. It is
understood that this written Lease between the parties constitutes the entire lease and understanding between the parties and
supersedes all prior representations, understanding, and agreements relating to the lease premises described above. This Lease may
not be modified except in writing, signed by LESSOR and the General Manager of LESSEE,
12, All rents to be paid pursuant to this Lease and all notices are to be forwarded to the undersigned LESSOR at the address
noted below LESSOR’S signature, If either party is in default under the terms of this Lease, the non-defaulting party shall deliver
written notice by certified or registered return receipt mail to the defaulting party and said party may cure such default within 30 days
of receipt of such notice.
Static Base Payment Schedule:
Years 1-5 = $4200.00 per year.
Years 6-10 =$6800.00 per year,
Years 1 1-15= $7800.00 per year.
*In the event that LESSEE elects to install a digital face on this sign structure, LESSEE shall pay to LESSOR an increased rental.
The digital payment shall be prorated from the date that the digital face is installed.
Digital Payment Schedule:
Years 1-5 = $7,000.00 per year.
Years 6-10 = $8,500.00 per year.
Years 11-15 = $10,000.00 per year.
Rev 7/6/2012
THE LAMAR COMPANIES, LESSEE: LESSOR:
BY: _ Swen Qethye
f 5
Susan Ackley Ken JoAnson, VEN
VICE-PRESIDENT/GENERAL MANAGER LESSOR’S PRINTED NAME 7
DATE: b! 13 aA pate: 6/57 <9
LESSOR’S TELEPHONE NUMBER |
/
LESSOR’S SOCIAL SECURITY NUMBER
EMPLOYER IDENTIFICATION NUMBER
W-9 Name (as shown on your Income Tax Return)
Tax ID Parcel # (for land on which sign is located)
Address of LESSEE: Address of LESSOR:
4898 S. Quarterline Road 933 Terrace Street
Muskegon, MI 49444 Muskegon, MI 49440
Witnesses (LESSEE) Witnesses (LESSOR)
A iA -Ue ink, tr
i]
Rev 7/6/2012
#0a4-s50 (b')
MEMORANDUM OF LEASE
This Memorandum of Lease is made effective May 28, 2024 (“Effective Date”), between
the City of Muskegon, of 933 Terrace Street, Muskegon, Michigan 49440 (“Lessor”) and The
Lamar Companies, of 4898 S. Quarterline Road, Muskegon, Michigan 49444 (“Lessee”), upon
the following terms and conditions:
1. Lease Agreement. Lessor and Lessee have entered into a certain Sign Location
Lease dated May 28, 2024 (“Lease”), wherein Lessee is leasing a portion of the real property
located in the City of Muskegon, Muskegon County, State of Michigan, legally described on
Exhibit A (“Property”).
2. Terms. All of the terms, covenants and conditions contained in the Lease are
incorporated in this Memorandum by reference with like effect as if set forth in this Memorandum
verbatim.
3. Memorandum. The purpose of this Memorandum is to give notice of the existence
of the Lease and the rights of the parties under the Lease.
This instrument is exempt from state and county transfer taxes pursuant to MCL
207.526(e) and MCL 207.505(e).
[Signatures appear on the following pages]
The parties have executed this Memorandum to be effective as of the Effective Date.
Lessor —
City of Muskegon
By: Ob pbra—
Name: Ken Johrison
Title: Mayor
Date: pa = 00-909 Y
=
By: ty is — Ts
Name: Ann Meisch
Title: Clerk
Date: \5-t 4-290”
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on the Oday of June _, 2024, by
Ken Johnson, Mayor of the City of Muskegon.
Linda S- fotter , Notary Public
State of Michigan, County of Muskegon
My Commission Expires: _ 7-275 ~2OSO
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on the AY “day of June _, 2024, by
Ann Meisch, Clerk of the City of Muskegon.
ind ol. Kitt_, Notary Public
Linda _§&- fot¢7¢cr
State of Michigan, County of Muskegon
My Commission Expires: 9 -I5-MI5O
Lessee—
The Lamar Companies
By: Wenn dely,
Name: Susan Ackley
Title: Vice President
Date: 7-€-2024
STATE OF MICHIGAN
COUNTY OF Mskenn x)
The foregoing instrument was acknowledged before me on the emday of Tiling , 2024, by
Susan Ackley, Vice President of The Lamar Companies.
as a
Martha Gitte Qtblny _, Notary Public
State of Michigan, County’of “ushanoy
My Commission Expires: Vay. /5,a09%
Prepared by & Return to:
Parmenter Law
Attn: Benjamin P. Reider
PO Box 786
Muskegon, Ml 49443-0786
EXHIBIT A
Legal Description
Property situated in the City of Muskegon, County of Muskegon, State of Michigan, legally
described as follows:
Part of Lot 3, Block 1 of the Revised Plat of 1903 of the City of Muskegon,
described as that parcel of land lying Southerly of the Southerly line of the BR 31
right of way, lying Northerly of Access Highway and lying Westerly of Getty Street.
Commonly known as: 770 Access Highway (part of)
Parcel No.: 61-24-205-001-0003-96 (part of)
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