STATE OF LOUISIANA
PARISH OF ST. XXXX
SURFACE LEASE
BEFORE THE UNDERSIGNED respective Notaries Public, and in the
presence of the undersigned competent witnessed, and on the dates and
at the places hereafter stated,
PERSONALLY CAME AND APPEARED:
STERLING SUGARS, INC., a Louisiana corporation domiciled in St. Xxxx
Xxxxxx, Louisiana, appearing through and represented by its duly
authorized President, XXXXX XXXXXXXX,
hereafter referred to as "Lessor", who did declare that for the
consideration and on the terms and conditions as hereafter set forth,
it has and does by these presents lease unto and in favor of:
XXXXXX POINT BOAT DOCK, a Louisiana partnership domiciled in
Franklin, Louisiana, appearing through and represented by its duly
authorized partners, XXXXXX XXXXX and XXXXXX X. XXXXX,
hereafter referred to as "Lessee", all and singular the following
described property, to-wit:
TRACT ONE:
A rectangular tract or parcel of land located in Section 33, T13s,
R10E, located on the South side of the Atchafalaya Basin Levee and
Bounded on the North and East by the levee borrow pit, on the South
by the Department of Wildlife and Fisheries fence, and on the West by
Xxxxxx Xxxxx Road.
TRACT TWO:
An L shaped tract or parcel of land located in Section 28, T13S, R10E
located on the North side of the Atchafalaya Basin Levee and bounded
on the North by the levee borrow pit, on the West by the levee ramp,
on the South by the Atchafalaya Basin Levee, and on the East by the
Xxxxxx and Xxxxxxx Walkway and the boat dock.
The property is leased by Xxxxxx and accepted by Xxxxxx under the
following,
TERMS AND CONDITIONS
1. The property herein is unimproved. Lessee shall have the right to
clear the surface and to spread gravel, shell or other similar
material thereon for the use of automobiles, trucks, vehicles and
equipment, and to conduct such business thereon as Lessee may best
see fit.
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2. Lessee may not construct any permanent improvements on the
property, but Lessee may place temporary improvements thereon such as
trailers or buildings on skids or movable storage sheds. All such
temporary improvements, with the exception of gravel, shell or other
parking lot materials, which Lessee may place thereon shall be
promptly removed from the premises upon termination of this lease.
All gravel, shell, or other parking lot materials shall remain on the
premises upon termination of this lease.
3. Lessee shall have the non-exclusive right of ingress and egress
from the above described leased property across Xxxxxx's intervening
lands and roadways, and in exercising this right the Lessee shall
take care not to block or unreasonably interfere with the right of
others to use the same.
4. This lease shall be for a primary term of five (5) years to
commence April 1, 1997 and to terminate March 31, 2002. Lessee shall
have the right and option to renew this lease for an additional five
year period to commence April 1, 2002 and to terminate March 31,
2007.
Should Xxxxxx decide not to act on this option, written notice of
Xxxxxx's intent not to renew will be given to Lessor no later than
twenty (20) days prior to the end of the primary term.
5. Xxxxxx agrees to pay as rental a yearly sum of FOUR THOUSAND
TWO HUNDRED & 00/100 ($4,200.00), commencing April 1, 1997 and
continuing thereafter on or before April 1st of each subsequent
and consecutive year.
6. Lessee does assume all responsibility for the condition of the
premises and all liability for damage to person or property of
itself, its agents or employees or third persons going on or being
upon the leased premises during the terms of this lease and will
indemnify and hold Lessor harmless from any and all claims or
demands (including court costs and attorney's fees) of whatsoever
nature or kind for loss or damage to person, including death, or
property of itself, its agents, employees or third persons, wherever
situated, arising out of the condition of the premises or any work or
construction undertaken or done by Lessee or out of or in anywise
connected with lessee's use or occupancy of the premises.
7. Lessee shall obtain and maintain, in full force and effect,
liability insurance policies with an insurance company or companies
authorized to do and doing business in the state of Louisiana,
having combined single limits of no less than $1,000,000, which
insurance shall name Lessor herein as an additional insured as
Xxxxxx's interest may appear. Lessee shall further furnish Lessor
with current certificates of insurance showing the issuance of such
insurance. The liability insurance policy can only be canceled after
notice has been provided to Lessor of the cancellation of such
policy.
8. Lessor, individually or through its agents or employees, shall, at
all reasonable times, have the right of reasonable ingress of the
premises for inspection thereof.
IV-33 -58-
9. Xxxxxx agrees and obligates itself to observe and abide by all the
provisions and requirements of the U. S. Army Corps of Engineers,
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (42 U.S.C. Art. 9601, et. seq.) the Hazardous Materials
Transportation Act and the Resource Conservation and Recovery Act
(RCRA), all as amended, as well as all rules or regulations now or
hereafter promulgated under authority thereof, and does agree not to
deposit, place upon or permit to remain thereon any asbestos , solid
or liquid waste, or any hazardous material, hazardous substance or
toxic substance, as may be now or hereafter defined in the foregoing.
Lessee does hereby agree to indemnify Lessor, and does fully
indemnify and hold Lessor harmless from any and all claims,
liabilities, expenses, loss and damages which Lessee or any third
party or governmental agency has or may have hereafter against Lessor
from and against any loss, including reasonable attorney's fees and
court costs, relating to any claim concerning the presence of any such
substance deposited or placed by Lessee or permitted to remain upon
the property during the term of this lease or any extension. Upon
termination of this lease for any cause, Xxxxxx agrees promptly to
remove, at its expense, any hazardous or toxic material or substance
which may then be upon the property.
10. Any notice herein required to be given by either party to the other
shall be in writing, and the same shall be deemed properly delivered
twenty-four hours after deposit in the United States Mail, postage
prepaid, duly certified or registered, and properly addressed as
follows:
Unless and until Xxxxxx notifies Xxxxxx, in writing, to the
contrary, notices to the Lessor shall be addressed:
Sterling Sugars, Inc.
P. O. Box 572
Franklin, Louisiana 70538
Unless and until Xxxxxx notifies Lessor, in writing, to the
contrary, notices to the Lessee shall be addressed:
Xxxxxx Point Boat Dock
P. O. Box 81
Franklin, Louisiana 70538
THUS DONE AND SIGNED at Franklin, State of Louisiana on this 1st
day of April, 1997.
Sterling Sugars, Inc.
By: /s/ Xxxxx Xxxxxxxx
President
Xxxxxx Point Boat Dock
A Partnership
By: /s/ Xxxxxx Xxxxx
By: /s/ Xxxxxx Xxxxx
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