TRIPLE NET LEASE AGREEMENT
Exhibit 10.17
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF LAFAYETTE
BE IT KNOWN AND REMEMBERED that on the date hereafter shown, before the undersigned authority and in the presence of the undersigned good and competent witnesses:
PERSONALLY CAME AND APPEARED:
Xxxxx Xxxx Rentals, LLC, a Louisiana limited liability company, with its registered office at 0000 Xxxxxx Xxxxxx Xxxx, Xxxxxxxxx, XX 00000, represented
herein by its Manager, Xxxxx Xxxx, pursuant to that certain Certificate of Authority, the original of which is filed under Entry No. 2013-45182, records of Lafayette Parish Clerk of Court’s Office; hereinafter called “LESSOR” (sometimes referred to
herein as “Landlord”); and
Home Sleep Delivered, L.L.C., a Louisiana limited liability company, with its registered office in Louisiana at 000 X. Xxxxxxx, Xxxxx 000, Xxxxxxxxx, XX
00000, represented herein by Xxxxx Xxxx, its Manager, hereinafter called “LESSEE”; (sometimes referred to herein as “Tenant”)
who have mutually covenanted and agreed as follows:
That certain tract or parcel of ground, together with all buildings and improvements thereon, with all rights, ways privileges and servitudes thereunto appertaining, situated in Section 33, T9S, R4E, City and Parish
of Lafayette, Louisiana, and being known and designated at TRACT 1 (1.71 ACRES) FROM XXXX 0, 0 & 0 XX XXXXX XXXXXXX, ET AL & PARCEL A, said tract or parcel of ground fronting along X. Xxxx Street and having such measurements, dimensions,
configurations and boundaries as are more fully shown on that certain plat of survey prepared by Montagnet and Xxxxxxxx, Inc., dated December 1, 2014, a copy of which is attached hereto and made a part hereof.
Being the same property acquired by North Luke Properties, L.L.C. from Dibrel, L.L.C. by act of Credit Sale and Mortgage dated March 24, 2009 and filed under Entry No. 2009-10932 of the records of the Lafayette
Parish Clerk of Court’s Office.
Having a municipal address of 000 X. Xxxx Xxxxxx, Xxxxxxxxx, XX 00000, and specifically being described as a portion of Building A, as can be seen on attached Exhibit 1.
a. LESSEE agrees to pay to LESSOR a monthly rental of $2,000.00 Dollars per month for the term of this Lease. Payments shall be payable in advance on the 1st day of each month,
beginning on December 1, 2015. All monthly rental payments will be made to Xxxxx Xxxx Rentals LLC.
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a. Tenant represents, warrants and agrees that: (i) the Property shall be kept free of Hazardous Materials (as defined herein), arising from Tenant’s use or occupancy of the Property (and that of
its agents, employees, contractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant’s business and office use and at all times subject to any applicable
Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or process Hazardous Materials; (ii) Tenant shall not cause or permit the installation of Hazardous Materials in, on,
over or under the Property or a Release (hereinafter defined) of Hazardous Materials onto or from the Property or suffer the presence of Hazardous Materials in, on, over or under the Property; (iii) Tenant shall comply with, and insure compliance
by Tenant’s agents, employees, contractors, and invitees with, all applicable Environmental Laws (as hereinafter defined) relating to or affecting the Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any
applicable Environmental Laws, all at Tenant’s sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with
regard to Hazardous Materials on, from or affecting the Property and Tenant shall conduct and complete all investigations, studies, sampling and testing, and all remedial soil removal, and other actions necessary to clean up and remove all
Hazardous Materials on, from or affecting the Property in accordance with all applicable Environmental Laws.
b. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all liens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation,
damages, judgments, obligations, penalties, injuries, costs, expenses (including without limitation, reasonable attorney and expert fees and expenses) and claims of any and every kind whatsoever paid, incurred, suffered by or asserted against
Landlord and/or the Property for, with respect to, or as a direct or indirect result of the following: (i) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any
Hazardous Materials if caused by or within the control of the Tenant; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties
or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials for any reason, Tenant shall take such steps as
Landlord requires by written notice to Tenant in order to confirm or deny such occurrences, including, without limitation, the preparation of environmental studies, surveys or reports. In the event Tenant fails to take such action, Landlord may
take such action as Landlord deems necessary, and the cost and expenses of all actions taken by Landlord, including, without limitation, Landlord’s attorney’s fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event
shall Tenant be responsible to Landlord for the presence or release of Hazardous Materials at, within, or the line around the Property or for the violation of any Environmental Laws (i) which existed prior to the commencement of Tenant’s use or
occupancy of the Property or (ii) which was not caused in whole or in part by Tenant or its agents, employees, officers, partners, contractors, or invitees.
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14. LAW GOVERNING: This Lease and the obligations of the undersigned shall be governed by and construed in accordance with the law of the State of Louisiana.
This Lease shall be binding upon and inure to the benefit of all the parties hereto and their respective heirs, executors, administrators, assigns, and successors.
THUS DONE AND PASSED on the 1st day of December, 2015, the undersigned parties having affixed their signatures in the presence of me, Notary, and the undersigned witnesses after due reading of the
whole.
WITNESSES:
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/s/ Xxxxx Xxxx
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/s/ Xxxxx Xxxx
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Print Name: Xxxxx Xxxx
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Xxxxx Xxxx, Manager, Sleep Management
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/s/ Xxxxx Xxxx
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/s/ Xxxxx Xxxx
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Print Name: Xxxxx Xxxx
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Xxxxx Xxxx, Manager, Xxxxx Xxxx Rentals
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NOTARY PUBLIC |
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Print Name: | |||
Notary ID#: |
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Exhibit 1
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