Agreement#: AG-343826
Pages: 6 pages
Format: MS Word, WordPerfect and other RTF formats are supported. MS Word Compatible
Price: $35.00
Click the "Add To Cart" button to download the full agreeement.
Add To Cart


See other similar agreements:

Lease - F. Miller Construction, LLC And Joe T. Nille, SR.

Effective Date: September 15, 2006
Parties:

Orion Marine Group

Sectors: Materials and Construction
Exhibit 10.4 LEASE LEASE AGREEMENT effective as of the 13th day of September, 2006, between F. Miller Construction, L.L.C. (I. D. No. ) as lessee (" Lessee" ) and Joe T. Miller, Sr., referred to as lessor (" Lessor" ). WITNESSETH : ARTICLE I LEASED PREMISES Lessor does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor those certain premises (the " Leased Premises" ) described as follows:Commencing on the North right-of-way line of U. S. Highway No. 90 a distance of 461.4 feet Southeasterly from intersection of North line of U. S. Highway No. 90 and West line of Section Thirty-six (36), Township Nine (9) South, Range Eight (8) West, La. Mer., thence North 0b0 44' West along the East line of property allotted to Mrs. May Thelma Lamb 1400 feet, more or less, to South right-of-way line of Southern Pacific Railroad, thence East along South right-of-way line of Southern Pacific Railroad 453.45 feet to Northwest corner of property allotted to Herman Collins House, thence South 0b0 44' East along West line of property allotted to Herman Collins House 800 feet, thence North 80b0 56' West 361.4 feet parallel to U. S. Highway No. 90, thence South 0b0 44' East 670 feet to North right-of-way line of U. S. Highway No. 90, thence North 80b0 56' West along the North side of U. S. Highway No. 90 a distance of 100 feet to the point of commencement. Lessor has full right and authority to enter into this Lease and to grant to Lessee the estate and all rights purported to be herein granted without the prior consent or approval of any third party.


ARTICLE II TERM The primary term of this Lease shall commence the 15th day of September, 2006 and shall continue until the 31st day of August, 2007, subject to all other provisions of this Lease. Lessee shall have the option to renew this Lease for five (5) additional successive renewal terms of one (1) year each, if Lessee gives Lessor written notice by certified or registered mail of its intention to renew at least ninety (90) days prior to the expiration of the primary term, or renewal term, as applicable, of this Lease. If Lessee timely exercises the options to renew granted in this Lease, then this Lease shall continue upon the same terms and provisions contained in this Lease (including rental). ARTICLE III RENT (a) Amount . Lessee shall pay to the Lessor a monthly rental of $3,500.00, in advance, on September 15, 2006 and then on the first day of each month thereafter through August 31, 2007. Rent for any period of early occupancy or for any partial calendar month during the term shall be prorated. (b) Address for Payment : Each rental payment shall be made payable to the following person and delivered to it at the following address:Joe T. Miller, Sr.
3400 Holly Hill Road
Lake Charles, LA 70605Each person may change the address for payment by notice to Lessee delivered on or before thirty (30) days prior to the rent due date.

2


ARTICLE IV UTILITIES Lessee agrees to pay for all of the utility expenses, including gas, electrical and water, which are related to the Leased Premises are located. Lessee agrees all utilities will be listed in the name of Lessee and billed to Lessee. ARTICLE V REAL ESTATE TAXES Lessee shall pay all taxes, including ad valorem taxes, on the Leased Premises and on Lessee' s improvements, equipment and other property on the Leased Premises and shall further pay for its occupational licenses and fees levied by any governmental bodies. PROVIDED, HOWEVER, ad valorem taxes and other taxes shall be prorated for the first and final years of the lease term. The aforesaid items are to be paid by Lessee are a part of the rent for the Leased Premises, and a default in the payment of same shall be considered as a default in the payment of rental. ARTICLE VI MAINTENANCE AND REPAIR (a) Lessee' s Duties . By entry hereunder, Lessee acknowledges that the Leased Premises and appurtenances are in good, clean and sanitary order and repair, and accepts the Leased Premises in the condition delivered. Lessee shall, solely at its cost and expense, maintain the entire Leased Premises, including the roof and the structural components of the Leased Premises, in the same condition or state of repair (reasonable wear and tear excepted) than exists at the commencement of this

3


Lease. Lessee shall be responsible for maintaining existing exterior and interior walls, doors, and the interior and exterior of the Leased Premises, including all plumbing, electrical systems, piping, fixtures, equipment, heating and air conditioning equipment and shall replace all damaged or broken glass; provided, however, Lessee shall not be responsible for any repairs not occasioned by a casualty in excess of $10,000 per occurrence. In said maintenance, Lessee shall have the right to any warranties obtained by Lessor from subcontractors, materialmen or suppliers that relate to Lessor' s construction of the Leased Premises. Lessee covenants and agrees to tender to the Lessor the Leased Premises at the end of the Lease in good clean and sanitary order and repair; and in the same condition as at the commencement of the Lease, reasonable wear and tear only excepted. (b) Lessor' s Duties . The Lessor shall not be responsible for any maintenance of the Leased Premises. If a repair or replacement, not occasioned by a casualty, is required and will exceed $10,000 in cost, Lessor shall have the option to make that repair or replacement or cancel and terminate this lease as of the end of the month in which it is required to be made. (c) No representation or Warranties . Lessor has made no representations or promises with respect to this Lease, with respect to the Leased Premises or with respect to any matter related thereto, other than as expressly set forth herein. (d) Indemnity . Lessee hereby agrees to hold Lessor harmless and otherwise indemnify Lessor for any liability to persons or property arising from all defects other than latent

4


defects in the Leased Premises and/or completed or incomplete repairs which are the obligation of Lessee to undertake. (e) Access . Lessor shall have the right to reasonable access to the Leased Premises throughout the term of this Lease for the purposes of repair or inspection. (f) Casualty or Expropriation . If as a result of a casualty to or expropriation of the Leased Premises, the Leased Premises cannot reasonably be occupied and used by Lessee, Lessee may cancel and terminate this Lease on thirty (30) days advance written notice to Lessor. ARTICLE VII INSURANCE Lessee shall, at its own cost and expense, keep and maintain in full force during the term of this Lease, insurance as follows: (a) Against public liability claims (including Workmen' s Compensation Claims), against Lessor and Lessee, and all other claims against Lessor and Lessee as owners and/or landlords resulting from any accident occurring at, on or in any other way related to the Leased Premises, or any part thereof; said insurance to provide coverage covering property damage, bodily injuries, including death resulting therefrom, to the extent of $1,000,000.00 per acci ...

*End of Preview*
Click the 'Add to Cart' button to download the complete and formatted agreement.