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EXHIBIT 10.14
SULPHUR SITE
STATE OF LOUISIANA
PARISH OF CALCASIEU
This agreement entered into by and between XXXXXXX X. XXXXXXX and XXXX
X. XXXXXXX hereinafter referred to as Lessor, and MERCURY CELLULAR TELEPHONE
COMPANY, INC., a Louisiana Corporation, domiciled in Calcasieu Parish,
Louisiana, herein represented by its President, Xxxx X. Xxxxxxx, hereinafter
referred to as Lessee:
WITNESSETH
That Lessor does hereby lease, grant and rent unto Lessee the following
described property situated in the Parish of Calcasieu, State of Louisiana,
to-wit:
Commencing 175 feet West of the Northeast Corner of the
Northwest Quarter of the Southwest Quarter (NW-1/4 of SW-1/4) Section
35, Township Nine (9) South, Range Ten (10) West, thence South 275
feet, thence East 300 feet, thence North 151 feet; thence West 145
feet, thence North to the North line of the Xxxxxxxxx Xxxxxxx xx
Xxxxxxxxx Xxxxxxx (XX-0/0 of SW-1/4) of Section 35, Township Nine (9)
South, Range Ten (10) West, being 124 feet more or less, thence West
155 feet to the point of beginning.
That Lessee shall have the right to use the servitude and right of way
to said leased premises described as follows:
Commencing 10 feet South and 202 feet East of the Northeast
Corner of the Northwest Quarter of Southwest Quarter, Section 35,
Township Nine (9) South, Range Ten (10) West, thence West 30 feet,
thence South 58.5 feet, thence West 92.2 feet, thence South 59 feet,
thence East 34.4 feet, thence North 24 feet, thence East 77 feet,
thence North 90 feet to the point of beginning.
2.
Subject to all the provisions herein, this lease shall be for a term of
Fifteen (15) years commencing on January 1, 1990.
3.
This lease is made for and in consideration of the covenants herein
contained and a monthly rental (subject to change every year as hereinafter
provided) of $500.00 payable in advance on the 1st day of each month.
4.
The monthly rental shall change every year during the term of this
lease to conform to the change in the cost of living average for
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the period of the preceding year as reflected by the "Consumer Price Index
(urban all items (1967-100)" of the U.S. Department of Labor's Bureau of Labor
Statistics, or if said index shall no longer be published, then another index
generally recognized as authoritative to reflect the cost of living average.
5.
Said leased premises may be used for the erection, maintenance and
operation of a communication tower and support wires, with the necessary
foundations, housing, fencing and equipment and appurtenances necessary for the
operation and maintenance thereof.
6.
In the event the leased premises are not adjacent to a public road
right of way, Lessor gives and grants unto Lessee the right of ingress and
egress to said leased premises and the right to build electrical and
communication lines and cables to said site.
7.
Lessee shall have the right to terminate this lease at any rental
paying date by giving Lessor 90 days notice in writing of its intentions to do
so and paying 2 months rental on date of termination.
8.
Lessee shall pay all taxes on the improvements owned by Lessee placed
on the leased premises.
9.
Lessor covenants that Lessee on paying the rent and performing Lessee's
obligation in this lease shall peacefully and quietly have, hold and enjoy the
leased premises throughout the term hereof or until it is terminated.
10.
Lessor will not be responsible for damages caused to Lessee or other
parties on the leased premises however occasioned; and Lessee shall hold Lessor
harmless from any claim by or liability to third
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persons, however arising, and for these purposes, Lessee shall maintain
liability insurance of not less than $300,000 for each individual, and $500,000
for each accident, it being understood that such insurance may be included in
blanket coverage policies maintained by Lessee.
11.
Lessee may clear the property of any debris, weeds, or trees that could
possibly cause damage to any of its facilities, and continue to do so during
the term of this lease. Lessor, however, may use any portion of the leased
premises not occupied by Lessee's facilities so long as use could not possibly
cause damage to any of the Lessee's facilities during the term of this lease.
12.
At the termination of this lease lessee shall have the right to remove
all of its facilities.
IN EVIDENCE WHEREOF, witness the execution of this instrument on the
1st day of January, 1990, in the presence of Xxxxxx Xxxxxxxx and Xxxxxxx
Xxxxxxx, competent witnesses.
WITNESSES:
/s/ XXXXXX XXXXXXXX /s/ XXXXXXX X. XXXXXXX
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XXXXXXX X. XXXXXXX
/s/ XXXX X. XXXXXXX
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/s/ XXXXXXX XXXXXXX XXXX X. XXXXXXX
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MERCURY CELLULAR TELEPHONE COMPANY, INC.
/s/ XXXX X. XXXXXXX
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Xxxx X. Xxxxxxx, President
