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lease of real property for billboard

1. lease

("landlord"), of , as lessor, leases, under the terms and conditions of this agreement, to ("billboard owner"), of , , , as lessee, premises, described as follows ("the premises"):

2. description of leased premises

the landlord hereby leases a portion of the property located at , , which is legally described as to the billboard owner for the exclusive purpose of erecting and maintain a billboard. the billboard owner is granted authority to use for this purpose. the landlord retains full right to use and lease the remaining portions of the premises at the landlords discretion.

3. term

the term of the lease and this agreement shall commence on and end at ("the term"), unless terminated before that date as provided in this agreement.

4. rent

billboard owner shall pay to landlord as rent the sum of per year, payable at the rate of per month, in advance on the first day of each month, commencing , at the office of landlord at , , , or at any other place or places that landlord may from time to time designate by written notice delivered to billboard owner. the billboard owner may also choose to remit payment to the landlord in a lump sum on or before .

5. use of premises

during the term, billboard owner shall construct and maintain not more than billboards ("the display") on the premises and shall use the premises for no other purpose.

6. access to premises

landlord grants to billboard owner and billboard owner's employees the right of access to the premises for the purpose of erecting and maintaining the display at all times during the term.

7. electric power supply

billboard owner shall arrange and pay for providing a supply of electrical power to the display and shall be responsible for the cost of all electrical power used in the construction, operation, and maintenance of the display.

8. maintenance of display

billboard owner, at its own cost and expense, shall keep and maintain the display and all facilities appurtenant to the display in good order and repair and in as safe, clean, and attractive a condition as when erected, and shall promptly repair any damage to the display as a result of graffiti, vandalism, storms and weather, or other causes. if billboard owner fails to do so for any period of or more after receipt from landlord of a notice to maintain the display, then landlord shall have the option to repair the display and recoup the cost from billboard owner or to demolish and remove the display at billboard owner's expense.

9. government requirements

billboard owner, at billboard owner's own cost and expense, shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, whether federal, state, county, or local, relating to billboard owner's use of the premises, whether those statutes, ordinances, regulations, or requirements are now in force or are yet to be enacted. the judgment of any court of competent jurisdiction, or the admission by billboard owner in a proceeding brought against billboard owner by any government entity, that billboard owner has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between landlord and billboard owner and shall be ground for termination of this agreement by landlord.

10. taxes

billboard owner shall be responsible for and shall pay all taxes, federal, state, or local, imposed on account of the display.

11. maintenance of premises

billboard owner accepts the premises in present condition and acknowledges that the condition is satisfactory as of the date of this agreement. billboard owner shall maintain the premises in the same condition (or better condition, at landlord's option, from time to time) and shall make no alterations without the express prior written consent of landlord.

12. ownership of display

the display shall remain the personal property of billboard owner, shall not be considered for any purpose whatsoever to be a fixture on the premises, and shall be removed by billboard owner, leaving no evidence that the display ever was on the premises, on termination of this agreement.

13. indemnity and insurance

billboard owner shall indemnify and hold landlord and the premises free and harmless from any and all claims, liability, loss, damage, or expense resulting from billboard owner's use of the premises. billboard owner, at its own cost and expense, shall maintain during the term, the following insurance policies, issued by an insurer or insurers approved by landlord in at least the minimum amount required by state law (a) a broad form comprehensive coverage policy of public liability insurance insuring landlord against loss or liability caused by or connected with billboard owner's use of the premises, for personal injury and for property damage; and (b) a policy of fire insurance insuring landlord against damage or destruction by fire caused by or connected with billboard owner's use of the premises.

14. option to renew

billboard owner shall have an option to renew this agreement. billboard owner shall exercise that option by giving landlord written notice of intention to do so not less than six months before the end of the term.

15. termination by landlord

landlord shall have the right to terminate this agreement by giving billboard owner notice in writing and reentering and regaining possession of the premises in the manner provided by law if billboard owner breaches any of the covenants, conditions, or promises contained in this agreement. if billboard owner breaches this agreement or abandons the premises before the expiration of the term, landlord in addition to terminating this agreement, may recover from billboard owner, any unpaid rent due at the time of termination and any other amount necessary to compensate landlord for all detriment proximately caused by billboard owner's breach. the waiver by landlord of any breach by billboard owner shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or another provision of this agreement.

16. termination by billboard owner

billboard owner shall have the right to terminate this agreement by giving landlord days notice in writing in the event that any covenant or restriction or any statute, ordinance, regulation, or requirements of any governmental entity, whether federal, state, county, or local, relating to billboard owner's use of the premises shall prohibit, limit, or restrict billboard owner's use of the premises as contemplated by this agreement.

17. notices

all notices required by this agreement or to be given pursuant to this agreement shall be in writing and either personally served on the other party or delivered to the other party at the address given for that party on the signature page of this agreement.

18. time of essence

time is of the essence of this agreement.

19. governing law

this lease and agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the .

20. attorneys' fees

if any legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.

21. entire agreement

this writing sets forth the entire agreement between the parties with regard to the subject matter. no other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter.

22. severability

any provision of this agreement found or deemed by a court of competent jurisdiction to be invalid or unenforceable shall be considered severable from the remainder of this agreement and shall not cause the invalidity or unenforceability of the remainder of this agreement.

23. amendment

this agreement may be amended only by a written agreement signed by both parties.