|
said premises by the Lessee shall always remain the personal property of, and may be removed by, the Lessee at any time prior to or within a
<br /> reasonable time after the expiration of the term hereof or any extension thereof or as otherwise provided herein. Exhibit"B"will be attached
<br /> hereto with the sign plans, specifications, renderings and placements. These and future sign changes that are significant in nature are subject
<br /> to approval by the city of Ramsey. All signs, structures, equipment and materials shall comport with Federal, State and local law, including any
<br /> City of Ramsey permit requirements.
<br /> SECTION VI: I EASEMENT
<br /> Lessor hereby grants unto Lessee, its successors and assigns an easement over, upon and in the following described tract of property:
<br /> Legal Description: Part of Outlot A.The Diamonds
<br /> Addition Name:
<br /> County: Anoka
<br /> State: Minnesota
<br /> Tax Parcel #: 28-32-25-43-0008
<br /> The purpose is constructing, operating and maintaining, repairing its advertising sign structures and equipment, together with the customary
<br /> utilities including, but not limited to, the electrical utilities described in Section VII below. The easement area is pictorially represented on the
<br /> attached Exhibit"A."Lessor, it's successors and assigns, further agree that they will not disturb, injure, molest or in any manner interfere with
<br /> the advertising structures and equipment, including utilities, over and upon the above described premises and Lessor expressly warrants and
<br /> states no buildings, trees, shrubs or other obstacles of any kind shall be placed or located upon the above described premises so as to interfere
<br /> in any manner with the construction, operation, maintenance or repair of said advertising sign, structures and equipment including utilities or
<br /> customary appurtenances provided that Lessee, at its own expense, shall refill any excavation it makes, and level the ground thereafter,
<br /> leaving the easement area in as good condition as it was prior to the time of constructing said advertising structure and equipment and
<br /> customary appurtenances has begun. Lessee further maintains the right to remove brush, trees or obstructions impairing the full view of the
<br /> sign(s).
<br /> SECTION VII: ACCESS, ELECTRIC POWER, INSURANCE, MAINTENANCE
<br /> Lessor guarantees to lessee free access to and use of any part of any ground or structure on said premises as may be necessary for Lessee to
<br /> hang scaffolds, or construct, post, paint, illuminate, repair or remove its advertisements and structures. Lessee may equip the signs with
<br /> electric wires and other equipment necessary or incidental to operation and maintenance of the sign and lessor agrees to grant to lessee such
<br /> easements and other rights of access and use as are reasonably necessary to install and repair any such electrical wires or equipment provided
<br /> that such wires and equipment shall not interfere with lessors quiet enjoyment of the demised premise. Lessee shall supply and pay the
<br /> charges for all electric power for the sign. Lessee will cover all maintenance costs of the digital billboard and will cover this sign location under
<br /> its existing general liability and property damage insurance policy.
<br /> SECTION VIII: I LESSEE'S OPTION TO TERMINATE
<br /> If at any time (a)the signs or structures of the lessee on the demised premises shall be or become entirely or partially obscured or destroyed;
<br /> or(b) the said premises shall be or become unsafe for the maintenance of the lessee structures thereon, or unable to support such structures;
<br /> or (c) the value of said location for advertising purposes shall be or become diminished; or (d) there be a permanent diversion of traffic from
<br /> the street or streets adjacent to, or leading to or past, the said premises, or a change in the direction of traffic on such street or streets; or(e)
<br /> the lessee be unable to obtain from authorities having jurisdiction any necessary permit for the erection or maintenance of such sign or signs
<br /> (of special or standard size, design and construction) as the lessee may desire to construct or maintain for the purpose of its business; or(f)
<br /> the lessee be prevented by any present or future law or ordinance, or by the authorities having jurisdiction, from construction or maintaining on
<br /> said premise such signs (of special or standard size, design and construction), as the lessee may so desire to construct, use or maintain them
<br /> and in such event, at the option of the lessee,this lease shall terminate on fifteen (15) days'notice in writing to the lessor, by registered mail
<br /> addressed to him at his address shown below, or such other addresses as the lessor may here after in writing specify. If for any reason prior to
<br /> the renewal date of this contract the lease is terminated outside the forces of the lessee, or if at the end of the term of this lease the lessee
<br /> does not renew,the lessee shall remove the structure, equipment, all above ground components of the sign, and repair the grounds at grade to
<br /> their original condition, unless otherwise directed in writing by Lessor. Lessee maintains the ability, authority and right to remove Lessee's
<br /> property which includes any structure, signage, and equipment, upon the end or termination of this lease. Upon the end of or termination of
<br /> this lease, lessee shall have 60 days to remove any structure, signage, or components during the months of May through October and 90 days
<br /> after October 30 to remove during the months of November through April due to cold weather conditions.
<br /> SECTION IX: T CONTRACT
<br /> Payments for this contract shall commence 60 days after the date that the digital billboard is live. This Contract shall be construed and
<br /> enforced in accordance with the laws of the state of Minnesota without regard to principles of conflicts of laws. The parties agree that
<br /> jurisdiction; rule of law,venue and the interpretation of this lease agreement shall be pursuant to the state of Minnesota. Shall any disputes
<br /> arise, it is agreed that the state of Minnesota shall hold jurisdictional governing law and any actions taken will be done so through the
<br /> Minnesota judicial system.
<br /> SECTION X: LESSOR'S WARRANTIES
<br /> The lessor represents and warrants that Kurtis G. Ulrich (Lessor Representative)
<br /> the City Administrator (Title of Representative) of the premises above described and
<br /> has authority to make this lease and covenants. Lessor also warrants that it will not permit Lessee's signs to be obstructed.
<br /> SECTION XI: I OBLIGATION; BINDING ON SUCCESSORS
<br /> It is expressly understood that neither the lessor nor the lessee is bound by any stipulations, representations, or agreements not
<br /> printed or written in the lease. This lease shall inure to the benefit of and be binding upon the personal representative, successors and
<br /> assigns of the parties hereto.
<br /> SECTION XII: LESSEE'S RIGHT TO ASSIGN
<br /> Lessee hereby reserves the right, and said right, is granted to lessee to sell, assign and set over all of the lessee's rights, title and
<br /> interest in this lease to any financially responsible assignee upon the express and written assumption by the assignee of all the
<br /> obligations of the lessee herein named and upon such assumption, lessee shall be fully discharged from any and all obligations under
<br /> this instrument.
<br />
|