HomeMy WebLinkAboutContract 1870 Cc, q)1/0D
THE (t A A4,4 i ) COMPANIES
This Instrument Prepared by:
James R.Mcllwain
5551 Corporate Boulevard Lease #641
Baton Rouge,Louisiana 70808
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James R.McIlwain
SIGN LOCATION LEASE
THIS LEASE AGREEMENT,made this 13111ay of Mc ,20 22)by and between City of
Cathedral City,a California Municipal Corporation(hereinafter referred to as"Lessor")and THE
LAMAR COMPANIES(hereinafter referred to as"Lessee"),provides
WITNESSETH
"LESSOR hereby leases to LESSEE, it 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,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.
The premises are a portion of the property located in the County of Riverside, State of California,more
particularly described as: Date Palm Drive EL 70'N/O Buddy Rodgers Avenue,Cathedral City APN:
674-020-048.The premises are a portion of the property located in the County of Riverside, State of
California,more particularly described as: a portion of the NW'A of Sec 34,Township 4S,Range 5E,San
Bernardino Base and Meridian.
1. Rents& Term
The Lessee, in consideration of the foregoing,agrees to pay in lawful money of the United States of
America,a guaranteed minimal annual rental(GMAR)of Eight Thousand dollars($8,000.00)per
year,payable in 12 monthly installments.
As additional rental over and above GMAR,Lessee shall pay percentage rental equal to the difference
of GMAR paid(the most recent completed fiscal year)and thirty percent(30%)of static face and
fifteen percent(15%)of digital face revenues(if applicable)earned for each calendar year.
Term of Lease shall be for a period of Five(5)years, commencing June 1,2020("Commencement
Date")and terminating May 31,2025.
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.
Late payment fees shall accrue at ten percent(10%) per annum and compounded daily beginning
on the twenty-fifth (25th) calendar day following the due date until paid. This provision shall not be
construed to relieve the Lessee from his obligation to make timely rental payments. Effective on dates
after approval of lease by General Manager
3. LESSOR agrees not to erect on site signage or plant any vegetation that may obstruct the view of
LESSEE'S sign on the property at the sign location referenced above .
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 or in LESSEE'S opinion the location becomes
economically or otherwise undesirable. If LESSEE is prevented from constructing or maintaining a sign
at the premises by reason of any final governmental law, regulation, subdivision or building restriction,
order or other action,LESSEE may elect to terminate this lease. 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, LESSEE agrees to restore the surface of the premises to its original condition within 120 days of
notice of Termination. 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 he 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 carry on LESSEE'S business activities related to the sign. LESSOR is not aware of any
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. 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. In the event that LESSEE assigns this lease, assignee
will be fully obligated under this Lease and LESSEE will no longer be bound by the lease. This lease is
binding upon the personal representatives, heirs,executors, successors,and assigns of both LESSEE and
LESSOR.
8. 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 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.
Lease 401-00641-01
9. LESSEE shall at all times during the tenure of this Lease maintain the premises and all
improvements therein in good order and repair and in a neat, sanitary and attractive condition and in
compliance with applicable law,ordinance or regulation
10. LESSOR agrees to indemnify LESSEE from any and all damages, liability, costs and expenses,
including attorney's fees, resulting from any inaccuracy in or non-fulfillment of any representation,
warranty or obligation of LESSOR herein due to gross misconduct.
11. LESSOR shall have the right to terminate this Agreement at any time during the period of this Lease.
LESSEE shall remove its sign and all ancillary equipment within one hundred twenty days (120) of
receipt of written notice from Lessor.
12. During the term of this Lease Agreement, LESSOR may use one preemptable face of the structure to
advertise the City of Cathedral City events within the City. Revenue generating advertiser(s) would
preempt the usage by Lessor. LESSEE at its sole cost and expense will provide one design and
production advertising vinyl per year for use by the City.
14. LESSEE shall at its sole cost and expense, procure and maintain for the duration of this Lease the
following types of and limits of insurance:
Type: Limits:
Commercial General Liability $2,000,000 per occurrence
Commercial Automotive $300,000
Worker's Compensation as required by law in the State of California
The general liability policy shall be endorsed to name LESSOR, its Officers, employees, and agents as
additional insured regarding liability arising out of the LESSEE use of the real property. LESSEE'S
coverage shall be primary and shall apply separately to each insurer against who claim is made or suit is
brought, except with respect to the limits of the insurer's liability. LESSEE shall provide to LESSOR
the following proof of insurance: (a) Certificates of Insurance evidencing this insurance and certifying the
additional insured coverage.
13. This Lease is NOT BINDING UNTIL ACCEPTED by the General Manager of a Lamar
Advertising Company.
LESSEE: LESSOR: Cathedral City
THE LAMAR CO ' •• •• S A California Municipal Corporation
BY �,, n .1,0 _.-- —69c7;41.14---13L6 d,----e4--
Lamar Central Outdoor, LLC
By its sole member:
Lamar Media Corp.
Vanessa Moorman, Vice President
DATE: (7S / 21 /20 7,0 DATE: M(,k.j / k3 /20
Lease 401-00641-01
Address of LESSEE: Address of LESSOR:
77-583 El Duna Court, Suite J 19)-1()) Aveyli d& LiALO (uevi(c,,t
Palm Springs, CA 92211 C - z4 cA u n 6-12134
Office: 760-327-4500 Email:
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Phone: C1(c0)17D-D72-
Tax I.D. Number:
Witnesses(LE EE) Witnesses(LESSOR)
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Lease 401-00641-01
9489 0090 0027 6343 5640 21
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January 13, 2022
VIA CERTIFIED MAIL
The Lamar Companies
Vanessa Moorman, Vice President
77-583 El Duna Court, Suite J
Palm Springs, CA 92211
RE: Notice of Termination of Sign Location Lease # 641
Dear Ms. Moorman:
Please be advised that pursuant to Section 11 of the Sign Location Lease # 641
("Lease Agreement") dated as of May 13, 2020 between the City of Cathedral City
("City") and The Lamar Companies ("Lamar") and attached hereto for your reference,
this letter is being provided as the City's written notice of termination of the Lease
Agreement.
Pursuant to Section 11 of the Lease Agreement, Lamar must remove its sign and
all ancillary equipment ("Sign and Equipment") within 120 days of receipt of this written
notice. If Lamar fails to remove the Sign and Equipment within this time, the City may
elect to undertake removal, storage, and possible destruction of Sign and Equipment at
Lamar's expense. In such a case, the City will not be responsible for the value,
preservation or safekeeping of Sign and Equipment.
This notice of termination does not relieve Lamar of the obligation of payment of
rent owed pursuant to Section 1 of the Lease Agreement until the actual date of
termination of the tenancy.
Should you have any questions, please do not hesitate to contact me. We thank
you for doing business with the City of Cathedral City.
RIV#4875-5742-8999 vl
07024-0121
•
Since ly,
Charles McClendon
City Manager
RN#4875-5742-8999 vl
07024-0121
(LA1%4Jj)
ADVERTISING COMPANY
PALM SPRINGS
February 8, 2022—Via Certified Mail
Mr. Charles McClendon
City of Cathedral City
68700 Avenue Lalo Guerrero
Cathedral City, CA 92234
Re: Removal of Billboard 641
Dear Mr. McClendon
This letter is an acknowledgement of the Notice of Termination letter dated January 13,
2022 received by Lamar.
We will coordinate with our crews to dismantle the board the week of May 9th, 2022. As
you may be aware and per the Lease term, there may be prorated rent due to Lamar for
the period that was prepaid June 1, 2021 through May 31, 2022.
In addition if there are any percentage rents due to the City for the period of June 1, 2021
through removal of the advertising, you will receive a check for that period.
W Regards,
7
Leslie Locken
Real Estate Lease Manager
77583 El Duna Ct,Ste J—Palm Desert,CA 92211 - Tel:(760)327-4500--Fax:(760)327-4520
LESSOR must give LESSEE written notice by certified mail and allow LESSEE thirty (30) days
thereafter to cure any default.
Late payment fees shall accrue at ten percent (10%) per annum and compounded daily beginning
on the twenty-fifth (25`") calendar day following the due date until paid. This provision shall not be
construed to relieve the Lessee from his obligation to make timely rental payments. Effective on dates
after approval of lease by General Manager
3. LESSOR agrees not to erect on site signage or plant any vegetation that may obstruct the view of
LESSEE'S sign on the property at the sign location referenced above .
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 or in LESSEE'S opinion the location becomes
economically or otherwise undesirable. If LESSEE is prevented from constructing or maintaining a sign
at the premises by reason of any final governmental law, regulation, subdivision or building restriction,
order or other action, LESSEE may elect to terminate this lease. 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, LESSEE agrees to restore the surface of the premises to its original condition within 120 days of
notice of Termination. 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 he 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 carry on LESSEE'S business activities related to the sign. LESSOR is not aware of any
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. 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. In the event that LESSEE assigns this lease, assignee
will be fully obligated under this Lease and LESSEE will no longer be bound by the lease. This lease is
binding upon the personal representatives, heirs, executors, successors, and assigns of both LESSEE and
LESSOR.
8. 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 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.
Lease 401-00641-01