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202301947 <br />Provided, if the legal description of the real estate is not available at the time this Lease is signed by LESSOR, <br />then LESSOR agrees to provide the legal description of the real estate to LESSEE within 10 days of the date this <br />Lease is signed by LESSOR. <br />2. Term: The term of this Lease shall be for a period of 10 years beginning on April 1, 2023. It shall then <br />continue on a year-to-year basis unless either party shall give written notice of non -renewal at least 90 days prior <br />to the expiration of then -current term. <br />3. Rent: LESSEE shall pay to LESSOR "Rent" of $3,267 per year. Rent payments shall be made in <br />ANNUAL installments on each annual anniversary of this Lease. Rent shall be paid to the LESSOR at the address <br />provided for above. On April 1, 2025 and every other year thereafter, annual rent will increase (if any) in the CPI - <br />U Index occurring during the prior term. <br />4. Use of Real Estate: LESSEE shall use the Premises for the construction and maintenance of an outdoor <br />advertising structure (the "Structure"), to include illuminating and posting advertising on the Structure. LESSEE, <br />its employees and agents, shall have the right of reasonable access to and egress from the Structure from the <br />LESSEE's real estate adjoining the Premises, to include for the provision of power, communication devices and <br />connections to the Structure. LESSEE agrees to keep the Structure in good appearance and shall maintain the <br />Structure in a clean and attractive condition. If the view of the Structure is obstructed or impaired, LESSEE shall <br />have the right to remove obstructions and impairments (including the removal of trees and brush). <br />5. Ownership: All equipment and materials placed upon the Premises by LESSEE (to include the Structure) <br />shall remain the property of LESSEE and may be removed by it at any time prior to or within a reasonable time <br />after the expiration of the final term of this Lease. LESSEE shall have the right to make any necessary applications <br />with, and obtain permits from, governmental bodies for the construction and maintenance of LESSEE'S advertising <br />structure, at the sole discretion of LESSEE. All permits shall be and remain the property of LESSEE. LESSOR <br />warrants and represents that LESSOR is the owner of the Premise and has the right to grant LESSEE free access <br />to the Premises. If LESSOR is an entity, the person signing this Lease represents that they have the authority to <br />act on behalf of LESSOR. <br />6. Competing Structures: LESSOR warrants that there are no current leases for outdoor advertising on the <br />Premises or within 1,000 feet of the Premises (to the extent of LESSOR's ownership) and that LESSEE shall have <br />the sole right to construct and maintain an outdoor advertising structure on the Premises and within 1000 feet of <br />the Premises (to the extent of LESSOR'S ownership). In the event that there is an existing lease for outdoor <br />advertising in violation of this paragraph and LESSOR fails to terminate any such lease, LESSEE may, at its sole <br />option, terminate this Lease, in which case LESSOR must immediately refund to LESSEE any Rent paid in <br />advance. <br />7. Insurance and Indemnification: LESSEE agrees to indemnify and hold LESSOR harmless from all claims <br />of injury and damages to LESSOR or third parties caused by the installation and maintenance of the Structure or <br />displays on the Structure. <br />8. Early Termination: During the term of this Lease, should (i) LESSEE not be able to obtain or retain any <br />required permit(s) for the Structure, (ii) the use of the Premises for the Structure be prohibited, limited or restricted <br />by the terms of any restriction, covenant, regulation, ordinance or zoning resolution affecting the Premises, (iii) the <br />view of the Structure is obstructed or obscured, or (iv) in LESSEE'S determination the location is no longer <br />economically or is otherwise undesirable, LESSEE may, at its option, terminate this Lease by giving LESSOR 90 <br />days written notice of its election to do so. In addition, either party may terminate this Lease upon breach by the <br />other party if the breach has not been remedied within 30 days of the defaulting party's receipt of written notice <br />sent by certified mail, return receipt requested, to the breaching party. Upon termination, all Rent shall cease and <br />the prorated portion of any prepaid Rent shall be refunded to LESSEE. <br />9. Eminent Domain: If the Premises, or any part of the Premises which impacts the Structure, is taken by <br />eminent domain, this Lease shall terminate, at the option of LESSEE, in which case all Rent shall cease and the <br />prorated portion of any prepaid Rent shall be refunded to LESSEE. <br />10. First Right for Additional Structures: In the event that LESSOR receives an offer to lease any additional <br />portion of the real estate upon which the Premises is located for the purpose of an outdoor advertising structure, <br />then LESSOR shall so notify LESSEE by certified mail, return receipt requested at the address provided for above. <br />The notice shall contain the terms and conditions of the offer. LESSEE shall have 15 days from receipt of the <br />notice to agree to match the terms of the offer and to provide to LESSOR a lease for the outdoor advertising <br />Page 2 of 4 Lease# NE20122023 <br />