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20ay-soCh)*
COMPANIES
Lamar Co #151
This Instrument Prepared by:
James R. Mcllwain Renewal
5321 Corporate Boulevard Lease #151-40001
Baton Rouge, Louisiana 70808
James R. MclIlwain
SIGN LOCATION LEASE
THIS LEASE AGREEMENT (“Lease”), made thisAP/day of Jf) tr Y , 2024 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 or 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 telecommnuications 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:
WIS SEAWAY .1 MILE N/O SOUTHERN, PIN 61-24-205-341-O0001-00
Ls This Lease shalt be for a term of Fifteen (15) years commencing on 04/15/2024,
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%) over the rent paid during the previous year, and every year thereafter. Said renewal term shall
automatically go into effect unless Either party shal! 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 LESSEE’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 LESSEL’S sign. LESSEE is hereby
authorized to remove any such other advertising structure, obstruction or vegetation at LESSELE’S option. LESSEL’S access over the
leased premises shall be strictly limited only to those 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 entircly 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.
ey All structures, equipment and materials placed upon the premises by the LESSEE or its predecessor shall remain the
properly 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, LESSEE 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 tights, scrvitudes, easements, subdivision or building restrictions, or agreements affecting the
premises that prohibit the erection, posting, painting, illumination or maintenance of the sign. LESSOR 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. LIESSIE 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. This lease is binding upon the personal
representatives, heirs, executors, successors, and assigns of both LESSEE and LESSOR.
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 LESSEE the right to relocate its sign on LESSOR’S remaining property adjoining the condemned
property or the relocated highway. Any condemnation award for LESSEE’S property shall accrue to LESSEE,
9. 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. LESSEE further agrees to
prompily 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.
LO. If required by LESSEE, LESSOR will execute 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 ts
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 = $4000.00 per year.
Years 6-10 =$6500.00 per year.
Years | 1-15= $7500.00 per year.
*In the event that LESSEE elects to install a digital face on this sign structure, LESSIE 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 [1-15 = $10,000.00 per year.
Rev 7/6/2012
THE LAMAR COMPANIES, LESSEE: LESSOR:
BY: HoonQ ya
Susan Ackley Ken Johnson, MHayor
VICE-PRESIDENT/GENERAL MANAGER LESSOR’S PRINTED NAME /
DATE: G1 1%, ay DATE: Gi S| Aq
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)
otrde. ber
7
Rev 7/6/2012
goay-s0 Cb*)
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:CYS
Namé: Ken ae —-
le-XO» Seay
Title:: May
Date:
By: > Ya SY SAR *
Name: Ann Meisch
Title: Clerk
Date: _\, -2>\-2%02\
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on the tay of Jisne_, 2024, by
Ken Johnson, Mayor of the City of Muskegon.
CLMO ) Le Un
aS. “a¢%c7 _, Notary Public
State of Michigan, County of Muskegon
My Commission Expires: _7 77S - 2OSO
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me on the Yay of 7, (LC, 2024, by
Ann Meisch, Clerk of the City of Muskegon.
la S- fatter "Notary Public
State af Michigan, County of Muskegon
My Commission Expires: 7 2S - 2050
Lessee—
The Lamar Companies
ny. Sevan Aekr,,
Name: Susan Ackley
Title: Vice President .
Date: 0- f- 2024
STATE OF MICHIGAN
COUNTY OF Muss Kegon
The foregoing instrument was acknowledged before me on the? _ day of Stuly , 2024, by
fA
Susan Ackley, Vice President of The Lamar Companies.
Maritzt, Cotto Grb)lay_, Notary Public
State of Michigan, County/of _Mus
én or7
My Commission Expires: Mov. 15, 7006
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:
That part of Block 341 of the Revised Plat of 1903 of the City of Muskegon lying
West of the following described line: Commence on the North Line of Muskegon
Avenue, 30 feet Easterly of the East line of Tenth Street, thence North 09° 10’ 24”
East to the Northerly line of said block. ALSO Lots 5, 6, 7, and the West 4 feet of
Lot 8, Block 320 of the Revised Plat of 1903 of the City of Muskegon. ALSO that
part of Block 341 lying Easterly of Seaway Drive. Together with that part of Webster
Avenue, Tenth Street and Muskegon Avenue adjacent thereof.
Commonly known as: 1360 W. Beidler Street (part of)
Parcel No.: 61-24-205-341-0001-00 (part of)
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