louisiana lease

7/28/2019 Louisiana Lease

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STATE OF LOUISIANAPARISH OF OUACH1TA

COMMERCIAL LEASE307 Hudson Lane, Monroe, Sterlington, La.

BEFORE me, the undersigned notary public, and the undersigned witnesses, on this theday of June, 2013, personally came and appeared:

W ADE R. BAGG ETFE, a major resident of Ouachita Parish, Louisiana, married butonce and then to NANCY W. BAGGETTE, nee WIGGERS, with whom he is livingin community at 211 Roselawn A venue, Monroe, Louisiana 71201,hereinafter referred to as "Landlord", andTW ILIGHT RESTA URA NT AND LOUN GE, L.L.C, 1201 Budweiser Street, Monroe,Louisiana 71201, appearing herein through a member, JOHN H. DOE, and the saidJOHN H. DOE, DDS individually, a single man residing at 2604 Half Moon Drive,Monroe, Louisiana 71201,(hereinafter referred to as "Tenant"),

who, after being by me first duly sworn, deposed and declared as follows:W HER EAS, L andlord desires to let and lease certain immovable property, being a vacant lot

located at 307 Hudson Lane, M onroe, Ouachita Parish, Louisiana, andW HE REA S, Tenant desires to rent the same for use as a parking lot,NOW, THEREFORE, in consideration of the foregoing, and the mutual promises and

covenants of the parties hereinafter set forth, they state that they do by these presents enter into anagreement of lease on the following terms and conditions.

1.PREMISESLandlord hereby lets and leases to Tenant and Tenant hereby rents and leases from Landlord

a certain municipal lot located at 307 Hudson Lane, Monroe, Louisiana, hereinafter referred to as "theLeased Premises", or, in some cases, as simply "the Premises"), and which lot is more particularlydescribed as follows:

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A certain lot or parcel of ground in Square Number Three (3) of Hudson's Addition (HomeAddition) to the City of Monroe, Louisiana; said lot beginning on the north side of HudsonAvenue seventy-five feet (75') from the intersection of the north line of Hudson Avenue withthe east line of North Third Street, fronting thence along Hudson Avenue in an easterlydirection a distance of seventy-five feet (75'), and running back in said Square or BlockNumber Three (3) between parallel lines a distance of one hundred sixty feet (160'), and beingthe same property acquired by from David M asur by cash deed recorded in Conveyance B ook895, page 432, records of Ouachita Parish, Louisiana.

2.DATE AND TERM OF LEASEThe date o f this Lease shall be the d ate first hereinabove set forth, and the initial, or Base, term

shall be for five (5) consecutive calendar years, comm encing July 1, 2013, and ending June 30,2018.The anniversary date of the Lease shall be July 1St.

3.RENTRent for the Premises during the term of this Lease shall be THIRTY THOUSAND AND

N0/100 DOLLARS ($30,000.00), divided into sixty (60) equal payments of FIVE HUNDREDAND N0/100 DOLLARS ($500.00) each, payable in advance in cash or by cashiers check on thefirst day of each calendar month. Rent shall be payable at 230 Auburn Avenue, Monroe, Louisiana71201 u nless notification to the contrary in writing is made to Tenant, and then rent shall be payableat the substitute address.

If any monthly rental payment is not made by the first day of the month in which it is due,the unpaid portion of the same shall bear interest at the rate of TEN PERCENT (10%) per annumfrom date due until paid in full. All persons collectively making up "Tenant" as defined in thisLease shall be jointly and sev erally liable in solido for all obligations of Tenant hereunder, and shallbe liable individually and in solido for the rent due hereunder, including any interest or penalties onthe unpaid balance, reasonable attorney fees and costs of collecting any and all unpaid renthereunder.

In addition to interest for late payment, any rent payment made after the fifth day of thecalendar month in w hich it is due shall be subject to a late charge of $15.00.

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It is the express intent of and stipulated by the parties that nothing contained h erein shall beconstrued to relieve Tenant of the obligation of payment of rent, and any m aterial breach by T enantof any of the covenants or conditions of this Lease shall have the e ffect, at Landlord's sole option,of imm ediately terminating the Lease, and the further effect of accelerating the remaining, unpaidrental payments hereunder, and they shall become immediately due and payable in their entirety.

Failure to pay rent timely shall constitute a material breach of this agreement. Any tacit orexpress waiver of this provision by L andlord for any rent payment or paym ents due hereunder shallnot constitute a waiver of the application of this provision to other and further rent payments.

4.USE OF THE PREMISESTenant may use the Premises solely for a parking lot, but may use the same for any lawful

purpose not inconsistent with the current zoning ordinance of the C ity of Monroe.5.MODIFICATIONS

Other than those hereinafter described, Tenant shall make no alterations, modifications orimprovements to the Premises w ithout prior written consent of Landlord.

Tenant shall maintain the Premises is as good condition as they are upon execution of thisAgreement, and agrees to remove and dispose of, at Tenant's own expense, any discarded bottles,cans, paper, limbs and other trash on a periodic basis, keeping the lot reasonably clean and neat.Tenant shall mow, trim, edge and sweep the Premises as needed during summer and rake anddispose of fallen leaves in the winter, all at Tenant's expense. Tenant shall also fill any unsightlymud holes or other depressions which appear on the premises for any reason with surfacing materialacceptable to Landlord.

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6.INSURANCETenant shall purchase and maintain such insurance as will protect Tenant and Landlord from

claims which may arise as a result of Tenant's operations at the Premises during the term of thislease and at any time the Premises is in the possession and con trol of Tenant, whether or not duringthe term, and w hether or not the possession is lawful.

This insurance shall protect both Tenant and Landlord against the following types of claims,and this list is not herein included by way of limitation, but by way of illustration:

A. Claims for damages because of bodily injury, occupational sicknessor disease, or death of Tenant or any em ployee or agent of Tenant,whether or not covered by workmen's compensation statutes andapplicable interpretive jurisprudence;B. Claims for damages because of bodily injury, sickness or disease,or death of any person other than Tenant or an employee or agentof Tenant, including business invitees of Tenant;C. Claims for property damages to property of Tenant, Landlord or anyother person, including business invitees of Tenant.This insurance shall generally consist of General Public Liability and Properly Damage

Insurance, including vehicle coverage, issued to Tenant and protecting Tena nt from all claims forpersonal injury, including death, and all claims for destruction of or damage to property arising outof or in connection with any acts or omissions to act of either Tenant or Landlord, their agents,employees, heirs, successors or assigns, which act or omission breaches a legal duty running to anyperson or persons. Such insurance shall be written with a limit of liability of not less than ONEMILLION AND N0/100 DOLLARS (1,000,000.00) for all damages arising out of bodily injury,including death, at any time resulting therefrom, sustained by one o r more persons and arising outof any one accident, with an annual aggregate of not less than FIVE MILLION AND N01100DOLLARS ($5,000,000.00) for any event or occurance. Insurance shall be written with a limit ofliability of not less than FIVE HUND RED T HOUSA ND AND NO/iOO DO LLARS ($500,000.00)for all property damage sustained in a single transaction or occurrence. Landlord shall be named

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as an additional insured unde r the policy and the policy shall con tain a provision that it may not becanceled without thirty (30) days prior written notice to Landlord.

7.CERTIFICATE OF INSURANCE

Before commencement of any occupancy hereunder, Tenant shall supply a certificate orcertificates of insurance to Landlord to the effect that Tenant has secured and placed in forceinsurance pursuant to and meeting the m inimum requirements of Article 6 hereof. Such certificatesshall contain a provision that coverages afforded under the policies will not be canceled unless atleast thirty (30) days prior written notice is given to Landlord. These certificates shall contain astatement recognizing Landlord's status as an additional insured under each policy. The partiesagree that this shall be a material condition of the Lease, and Tenant shall no right of occupancyuntil the obligation of this provision has been discharged by Tenant to the satisfaction of Land lord.

8.INDEMNIFICATIONTenant agrees to indemnify and save and hold Landlord harmless from and against any and

all claims, damages, losses and expenses, including attorney fees, arising out of any act or omissionto act on the part of Tenant, which act or om ission to act is the breach of a legal duty to any pe rsonor persons, and which occurs during occupancy of the Premises by Tenant, whether or not duringthe lease term, and whether or not such occup ancy is lawful, provided any such claim, dam age, orexpense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction ofproperty, movable or imm ovable, corporeal or incorporeal, including loss of use resulting therefrom,caused in whole or in part by any negligent or willful act or omission to act of Tenant, Tenant'sagents, assigns, customers, business associates or the like, while Tenant is in possession and controlof the Premises, whether or not during the term of this lease and whether or not such possession andcontrol is lawful.

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9.TERMINATIONShould Tenant violate any conditions of this lease, it may be immediately terminated at the

option of Landlord and , if terminated without election by Landlord of Landlord's option to acceleraterent, it is stipulated that Tenant shall pay Landlord six (6) months rent as liquidated damages ascompensation to La ndlord for the inconvenience of having to find another tenant.

Notice of termination may be delivered by Landlord to Tenant at the last known mailingaddress of Tenant as given to Landlord, or may be affixed to the front of the Premises. Notice iscomplete upon mailing or affixation to the Premises. Tenant waives all statutory notice periods foreviction.

This lease shall also be terminated, at the option of Landlord, on the death, commencementof a proceeding, voluntary or involuntary, in receivership, insolvency or bankruptcy or the fordetermination of the mental, legal or other incompetency of the person or persons defined herein asTenant, or any of them, and Landlord's decision shall be effective retroactive to the date of theterminating event, or upon the felony conviction of Tenant, or any of them.

On termination of this lease, Tenant is obligated to immediately surrender possession, andshould Tenant fail to do so, Tenant consents to pay, as liquidated damages, five times the rent perday, together with attorney's fees and costs necessary for Landlord to retake possession, suchliquidated damages to continue until Tenant either voluntarily vacates the Premises after writtennotice to Landlord, or until Tenant is forcibly evicted therefrom. Tenant also expressly waives anynotice to vacate at the termination of this Lease and all legal delays, and hereby confesses judgmentwith costs, placing Landlord in possession to be executed at once. Should Landlord suffer Tenant

to remain in possession of the prem ises after termination of this lease, Landlord's acquiescenc e shallnot be construed as a reconduction of the lease.

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Should Tenant violate any material condition of this lease, such as nonpayment of rent,Landlord may, at his option, accelerate all payments due hereunder. Notice of acceleration may bedelivered to Tenant at Tenant's last known address or posted at the Premises.

In the event of non-renewal of this lease by either party for the base or any renewal term,Landlord rese rves the right to post and keep posted on the prop erty "For Rent" signs during a sixty(60) day period immediately preceding the expiration of the lease base or any renewal term,whichever is appropriate in the circumstances.

This Agreement may be terminated by either party if the Premises is so damaged by forceinajeure, casualty or exercise of the power of eminent domain as to render more than one-third (1/3)of it not habitable for purposes of this Lease. Any such termination shall not be effective until thirty(30) days after written notice of intent to terminate pursua nt to this provision is received by the non-terminating party from the terminating party.

10.USE OF PREMISES BEFORE TERM COMMENC ESThe parties agree that Tenant shall have access to and the use of the Premises from the date

of this lease until the date of commencement hereunder, but Tenant's right to possession shallterminate immediately at 5 P.M. on the day of commencement of the lease term without furthernotice unless the first month's rent paym ent shall have been rece ived by Land lord. If modificationsare made to the Premises under any side agreement as to such modifications, Tenant shall promptlyyield possession for purposes of construction, whether during the lease term or prior thereto.

11.SUBORDINATION AND ATTORNMENTLandlord reserves the right to place liens and encumbrances on the Premises superior in lien

and effect to this Lease. This Lease, at the option of Landlord, shall be subject and subordinate toany liens or encumbrances now or hereafter imposed by Landlord upon the Premises, and Tenantagrees to execute and deliver, upon dem and, such instruments subordinating this Lease to any suchlien or encumbrance as shall be required by Landlord.

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In the event any proceedings are brought for the foreclosure of any mortgage on the LeasedPremises, Tenant shall attorn to the purchaser at foreclosure sale and recognize the purchaser as theLandlord under this Lease. The purchaser, by virtue of such foreclosure, shall be deemed to haveassumed, as substitute Landlord, the terms and conditions of this Lease until the resale or otherdisposition of its interest by such purchaser. Such assumption, however, shall not be deemed ofitself an acknowledgment by the purchaser of the validity of any then existing claims of Tenantagainst the prior Landlord. The purchaser shall have no liability to repay Tenant any securitydeposit paid to any prior Landlord, but Tenant shall not be obligated to make any further securitydeposit toward the last month's rent due such purchaser under this Lease.

Tenant agrees to execute and d eliver such other and further assurances and other documents(including a new lease on the sam e terms and cond itions as this Lease) confirming the foregoing assuch purchaser may reasonably request. Tenant waives any rights of election to terminate this Leasebecause of such foreclosure proceedings.

12.ASSIGNMENTSTenant shall not have the right to assign or sublet in whole or part any portion of the Leased

Premises without prior written consent of Landlord. If Landlord consents to assignment, it is amaterial condition of this lease that the assignment made between Tenant and any subtenant shallrequire the subtenant to agree to abide by all terms and conditions of this lease, and that Tenant isnot released from any obligation hereunder.

Landlord m ay sell, transfer or assign all or any part of its interest in the Leased Prem ises orthis Lease at any time w ithout consent of Tenant.

13.NOTICENotice hereunder shall be in writing to the other party at the mailing address set forth on the

first page of this Agreement, or at such substitute address as may from time to time be given bynotice in writing by any party to the other parties during the pendency of this Agreement. Notice


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to Tenant may be m ade at the Prem ises by affixing a copy of the sam e to any convenient structureon the premises, natural or manmade. Notice by mail shall be complete upon receipt, and may beevidenced by receipt for certified mail.

14.INTEGRATIONThis Agreement constitutes the whole agreement between the parties with regard to the

subject matter contained herein. All other agreements which were or m ay have been made, whetherorally or in writing, prior to this Agreem ent on this subject are declared to be null and of no effec t.

15.INTERPRETATION AND MODIFICATIONThis Agreement shall be construed liberally to give effect to its primary objective and the

intent of the parties. Any word or phrase which is subject to more than one reasonableinterpretation, whether or not prompted by context, shall first be accorded its definition hereunderas a defined term, and, failing that, any special legal definition as set forth by the law of the Stateof Louisiana or, in the absence thereof, by customary usage in the industry and o f the place. If noneof these apply, it shall be given its ordinary, or plain usage, meaning.

No m odification of this Agreem ent shall be made except in writing and signed by the parties.16.BINDING EFFECT

If any part of this Agreement is found to be invalid by any court of competent jurisdiction,it is the express intent of the parties hereto that such invalidity shall not act to invalidate theremaining provisions of this Agreement.

This Agreemen t shall be binding on Ten ant and Tenant's heirs, successors, agents, employeesand assigns to the extent permitted by law, and wherever the term "Tenant" appears in thisAgreement, and the context permits, it is agreed by the parties that it shall be construed as meaning"Tenant and Tenant's heirs, successors, agents, employees and assigns" as if therein written out infull.


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This Agreement shall be binding on Landlord and Landlord's successors, agents, employeesand assigns to the extent permitted by law, and wherever the term "Landlord" appears in thisAgreement, and the context permits, it is agreed by the parties that it shall be construed as meaning"Landlord and Landlord's successors, agents, employees and assigns" as if therein written out in full.

In the event the term "Tenan t" is defined in this lease to include more than one person, theyagree that they are bound in solido and jointly and severally by the provisions of this Agreement.

17.EXTENSIONS OF TERMThis lease shall automatically renew at the end of its base term and any renewal term for an

additional five (5) year term on the same terms and co nditions, except that the rent shall be FOR TY -FIVE THOUSAND AND N0/100 DOLLARS ($45,000.00), payable in monthly installments ofSEVEN HUNDRED FIFTY ($750.00)on the first day of each m onth, the other terms and conditionsof the Lease to rem ain the same, unless e ither party has given the other party notice of intent not torenew at least sixty (60) calendar days prior to the expiration of the term during which such noticeis given. These automatic renewals shall continue until the lease is terminated.

18.COUNTERPART ORIGINALSThis Lease shall be executed in two counterpart copies, each of which shall be deemed an

original, one of wh ich shall be delivered to Tenant, and the other to Landlord.IN WITNESS WHEREOF, the parties hereto have hereunto set their hands before us,

notaries, and the undersigned com petent witnesses at m y offices in Monroe, Lo uisiana on the datefirst shown.

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Witness(Printed Name)

LANDLORD:Wade R. B aggetteSS #434-46726

TENANT:TW ILIGHT RESTAURANT AND LOUNG E, LLCLE

John H. Doe, MemberTax ID No.-John H. Doe, IndividuallySS No.Witness(Printed Name)

Notary Public(Printed Nam e)

Notary ID No.My commission is for life.

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