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Louisiana Commercial Water Bottom Lease Form

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Louisiana Commercial Water Bottom Lease Form Page 2
Louisiana Commercial Water Bottom Lease Form
C:\USERS\BHARPER\DESKTOP\FORMS\COMMERCIALWBLEASE.DOC
RENTAL
1. The rental payment constituting the consideration of this lease is the price and sum of
Dollars per annum.
2. The annual rental required for any renewal of this lease shall be that sum required by law or the rules and regulations
promulgated pursuant to La. R.S. 41:1701, et. seq., and in effect on the date of renewal.
3. In the event of late payment and at LESSORS option, LESSEE may be granted up to an additional thirty (30) days to make
payment. During this thirty (30) day period, any late rental payments tendered by LESSEE must include an additional late penalty payment
equal to the annual rental. At LESSOR’S option, rental payments tendered more than thirty (30) days following the due date may be
accepted. Acceptance of late payments does not alter the terms of this lease.
IMPROVEMENTS
LESSEE shall not make any additions, alterations or reconstructions of any nature whatsoever to “the property”, including
improvements, other than those provided for in the original plans and specifications attached hereto, without prior written permission of
LESSOR.
CONDITIONS
1. This lease is granted subject to all existing surface leases, mineral leases, servitudes, rights-of-way, permits or any other contracts,
whether recorded or unrecorded, affecting “the property”.
2. LESSEE shall comply with all federal, state and local rules, regulations and ordinances for sewer, sanitation, fire, safety and any
other regulated activities and provide LESSOR with proof of compliance.
3. LESSEE agrees to use “the propertyas a good and careful administrator. This includes maintaining “the property” in a neat, clean
and orderly manner at all times. No hazardous waste materials shall be placed or stored by LESSEE on or under “the property”.
4. Should an Attorney be employed to give special attention to the enforcement or protection of any claim of LESSOR arising from this
lease, LESSEE shall pay as fees and compensation to such Attorney such sum as will constitute a reasonable fee including all court costs,
together with all other costs, charges and expenses or reimbursement for actual costs occasioned by LESSOR.
5. The drainage, public navigation and marine life of the surrounding area shall not be impeded in any manner.
6. LESSEE acknowledges and understands that the lands and/or water bottoms depicted on the attached plat and specifications are the
sole property of the State of Louisiana, and that no proprietary rights or title shall vest in LESSEE or be construed as transferred or abandoned by
LESSOR by reason of this lease. LESSEE further understands and agrees that this lease shall not be construed to recognize or confirm title or
rights with respect to riparian property relative to adverse claimants or as between riparian owners.
RESERVATIONS
LESSOR reserves the full use and enjoyment of “the property”, both surface and subsurface, for any and all purposes except those
particular uses granted hereinabove to LESSEE. LESSOR'S reservation includes, but is not limited to the following rights:
1. LESSOR reserves all rights of whatever nature and kind in and to all minerals on or under “the property”. These rights include, but
are not limited to, all operations which are necessary, useful or convenient for the exploration, exploitation, drilling, mining, production,
development, storage and transportation of all oil, gas, sulphur and other minerals, on or under “the propertyor any other lands under the control
of LESSOR.
2. LESSOR reserves all rights of whatever nature and kind in and to all other surface or subsurface uses of “the property. These rights
include, but are not limited to, all operations which are necessary, useful or convenient for the exploration, exploitation, mining, production and
development of all sand, gravel or shell deposits; issuance of servitudes and rights-of-way; and issuance of permits and leases.
3. Nothing herein contained shall be construed as to prohibit or preclude the LESSOR herein from granting to other persons,
associations or corporations the right to cross over or under the property herein described, provided that if such crossing should necessitate the
alteration or relocation of the above SAID PROJECT of LESSEE, all costs thereof shall be at the expense of such subsequent grantee, subject to
the following:
The parties hereto recognize that it might hereafter become necessary or desirable to widen, deepen or make some other work of public
improvement on the lands and/or water bottoms herein granted, and this lease is accepted under the express condition and with the distinct
understanding that, if any work by the United States or the State of Louisiana or any department, agency, or political subdivision of either makes
it necessary to alter or relocate SAID PROJECT, the entire costs of alteration or relocation shall be borne by the LESSEE, the responsibility on
the part of the LESSEE being part of the consideration from which this lease is made.
Louisiana Commercial Water Bottom Lease Form