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Home My WebLink AboutIV.A - Billboard Lease1 THE COMPANIES Lamar Co # 431 This Instrument Prepared by: New James R. McIlwain X Renewal 5321 Corporate Boulevard Lease # 431-19027-01 Baton Rouge, Louisiana 70808 James R. McIlwain SIGN LOCATION LEASE THIS LEASE AGREEMENT (“Agreement”), made this ____ day of ________, 2025, by and between: CITY OF HASTINGS (hereinafter referred to as “Lessor”) and THE LAMAR COMPANIES (hereinafter referred to as “Lessee”), provides WITNESSETH WHEREAS, LESSOR hereby leases to LESSEE, its successors or assigns, the area hereinafter described as the “lease premises” for an outdoor advertising structure (“sign”), including the necessary structure, advertising device, utility services, power poles, communications devices and connections; and WHEREAS, LESSEE shall have the right of access to and egress from the sign by LESSEE’S employees, contractors, agents and vehicles; and WHEREAS, LESSEE shall have the right to post, illuminate and maintain advertisements on the sign, including changeable copy 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; and WHEREAS, the lease premises are a portion of the property located in the County of Dakota, State of Minnesota, more particularly described as: 418 Vermillion Street, Hastings, MN 55033; Parcel #19-32150-28-087. WHEREAS, the LESSOR hereby agrees to lease the leased premises to LESSEE under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. This Agreement shall commence on September 19th, 2025 ("commencement date") and continue until the LESSOR gives the LESSEE thirty (30)days’ written notice of the termination of this Agreement and removal of the sign from the lease premises. 2. LESSEE shall pay to LESSOR a monthly rental rate of two hundred ($200.00) dollars, payable on or before the 1st of each month with the first installment due on the first day of the month following the commencement date. 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 this Agreement. 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. 3. LESSOR agrees not to erect or allow any other off-premises advertising structure(s), other than LESSEE’S, on the lease premises. LESSOR further agrees not to allow any obstruction of highway view or any vegetation that may obstruct the highway view of LESSEE’S sign. LESSEE may remove any such obstruction or vegetation with the written permission of the LESSOR. 4. LESSEE may terminate this Agreement upon giving thirty (30) days’ written notice in the event that the sign becomes entirely or partially obstructed in any way or in LESSEE’S opinion the location becomes economically or otherwise undesirable. If LESSEE is prevented from constructing or maintaining a sign at the lease premises by reason of any final governmental law, regulation, subdivision or building restriction, order or other action, LESSEE may elect to terminate this Agreement. In the event of termination of this Agreement prior to expiration of a month where LESSEE has paid rent in full, LESSOR will return to LESSEE the rent paid on a pro rata basis. 5. All structures, equipment and materials placed upon the premises by the LESSEE shall remain the property of LESSEE and may be removed by LESSEE at any time. At the termination of this Agreement, LESSEE agrees to remove the sign and any materials owned by the LESSEE within thirty (30) days. The LESSEE shall have the right to make any necessary applications with, and obtain permits from, governmental bodies for the maintenance of LESSEE’S sign, at the sole discretion of LESSEE. All such permits and any nonconforming rights pertaining to the lease premises shall be the property of LESSEE. From the commencement date, LESSEE agrees to abide by any applicable sign regulations articulated in the City of Hastings City Code or by the State of Minnesota. 6. LESSOR represents that they are the owner or lessee under a written lease agreement for the lease premises and has the right to make this Agreement and to grant LESSEE access to the lease premises to perform all acts necessary to exercise its rights pursuant to this Agreement. 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, unless such disclosure is required pursuant to a court or 2 governmental order, the Minnesota Government Data Practices Act, or other applicable data privacy regulation(s). 7. In the event of any change of ownership of the lease premises, LESSOR agrees to notify LESSEE promptly of the name, address, and phone number of the new owner. LESSOR further agrees to give the new owner formal written notice of the existence of this Agreement and to deliver a copy thereof to such new owner at or before closing. This Agreement is binding upon the personal representatives, heirs, executors, successors, and assigns of both LESSEE and LESSOR. 8. LESSEE agrees to indemnify and hold harmless LESSOR, its agents and employees, from and against legal liability for all claims of injury, losses and damages to LESSOR or third parties caused by the operation, maintenance, or dismantling of LESSEE’S sign during the term of this Agreement. LESSEE further agrees to repair or cover the cost of any repair for any damage to the lease premises or property at the lease premises resulting from the installation, operation, maintenance, or dismantling of the sign, less ordinary wear and tear. 9. LESSOR agrees to indemnify LESSEE from any and all damages, liability, costs and expenses, including attorney’s fees, resulting from any inaccuracy in or nonfulfillment of any representation, warranty or obligation of LESSOR herein. 10. Any notice required under this Agreement shall be communicated to the following addresses: If to LESSOR: City of Hastings 101 4th Street East Hastings, MN 55033 Attention: Community Development Director Or emailed: JHinzman@hastingsmn.gov If to LESSEE: The Lamar Companies 1329 Interchange Place La Crosse, WI 54603 Attention: Zach Schoh Or emailed: zschoh@lamar.com 11. This Agreement is not assignable without the mutual written agreement of the LESSOR and LESSEE. Any modification or amendment to this Agreement shall require a written agreement signed by both LESSOR and LESSEE. 12. A waiver by either LESSOR or LESSEE of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 13. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Dakota County District Court. 14. All data collected by the LESSOR pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 15. This Agreement constitutes the entire agreement of the LESSOR and LESSEE and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 16. If required by LESSEE, LESSOR will execute and acknowledge a memorandum of lease suitable for recordation. Such memorandum of lease shall be prepared by Lessee and approved by the Lessor’s City Attorney prior to recording. All fees for recording of the memorandum of lease shall be borne by Lessee. [The remainder of this page is intentionally left blank] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year first written above. THE LAMAR COMPANIES, LESSEE: LESSOR: BY: BY: Mary Fasbender, Mayor COREY ANDEL VICE-PRESIDENT/GENERAL MANAGER BY: Kelly Murtaugh, City Clerk DATE: / / DATE: / / 3