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DRAFT SURFACE LEASE

STATE OF LOUISIANA WHITE LAKE WETLANDS

CONSERVATION AREA

PARISH OF EAST BATON ROUGE (WLWCA)-SURFACE LEASE

NO. LDWF-WLWCA-2021-I.

to as LESSOR; and

herein represented by __________________________________, its Managing Partner, and

hereinafter referred to as LESSEE, and who also appears in his individual capacity as solidary

guarantor under this lease, and does expressly obligate himself individually, in solido, with

LESSEE to all indebtednesses and obligations of LESSEE hereunder.

This lease will become binding on LESSOR only after execution by LESSOR and delivery

to LESSEE. Deposit of LESSEE’s first rental payment into any account of LESSOR does not

unto LESSEE, without any warranty of title whatsoever express or implied, the following

described property owned by the State of Louisiana and situated in the Parish of Vermilion, State

of Louisiana, on the White Lake Wetlands Conservation Area (“the property”), to wit:

The property is offered “AS IS”. There shall be no diminution of rental for any reason, including

but not limited to, the reduction of acreage due to subsidence, erosion, or flooding.

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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:

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. LESSOR reserves all rights of whatever nature and kind in and to all timber and

forest products on the property. These rights include, but are not limited to management and/or

removal of timber and forest products.

TERM AND RENTAL

1. This lease shall commence on February 1, 2021. The term of this lease shall end

on January 31, 2031.

2. As consideration for LESSEE’s rights under this lease, the parties acknowledge that

LESSEE has paid Dollars ($ ), representing one hundred

percent (100%) of the annual rental payment for the lease period of February 1, 2021 to January

31, 2022. Beginning March 1, 2022 and by or before March 1

of each succeeding year, LESSEE

LESSOR and LESSEE herein contained.

3. Any rental payment of rent accruing under the provisions of this lease which shall

not be paid when due shall bear interest at the rate of twelve percent (12 %) per annum, or the

maximum rate of interest permitted by Louisiana law, whichever is the lesser amount, beginning

thirty (30) days from the date when the rental payment was due by the terms of this lease, until the

amount is paid by the LESSEE.

4. LESSOR shall adjust the rental to reflect the percentage of increase or decrease in

the cost of living index as established by the Consumer Price Index for Urban Wage Earners and

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be adjusted every five (5) years, and shall be cumulative.

5. In addition to the above rental, LESSEE agrees to pay LESSOR forty percent

(40 %) of the gross proceeds from the sale of any wild alligators harvested from the property. Said

alligator payment will be made annually within five days from the sale of said alligators and must

be accompanied by copies of receipts from the sale of pelts and/or alligators.

6. All payments shall be mailed to Louisiana Department of Wildlife and

Fisheries, Attn: Fiscal Revenue Section, 2

Floor, Post Office Box 98000, Baton Rouge, LA

CONDITIONS

1. Prior to any and all construction, operation or maintenance activities on the

property, LESSEE agrees to contact the LDWF’s White Lake Wetlands Conservation Area

(hereinafter, “WLWCA”) property manager for the purpose of coordinating the planned activities.

rights-of-way, permits or any other contracts of record affecting the property.

3. LESSEE shall remediate to the extent LESSOR determines to be practical all

adverse environmental impacts occasioned by LESSEE’s activities under this agreement.

4. LESSEE agrees to comply with all federal, state and local statutes, rules,

regulations and ordinances relating to hunting, fishing, trapping, environmental, sewer, sanitation,

fire, safety and any other regulated activities and provide our office with proof of compliance.

5. LESSEE agrees to comply with all requirements of any levee board flood control

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enforcement or protection of any claim of LESSOR arising from this lease, LESSEE shall pay as

fees and compensation to such Agent or 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, at LESSOR’s discretion.

10. LESSEE shall use due care to avoid damage to the leased premises or anything

related thereto, including timber, crops, wildlife, game, fish, and other plant and animal life, except

as may be contemplated by this lease. LESSEE shall maintain, repair and restore at its own expense

all canals, ditches, dams, levees, roads, bridges, fences and other structures on the leased premises

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13. LESSEE shall, at its own risk and expense, cause the property to be properly and

adequately policed for the purpose of protecting waterfowl thereon from molestation, injury or

destruction, except as contemplated by this lease, and for the purpose of preventing violations of

the law being committed upon the property; and if LESSEE shall fail to do so, then LESSOR may

cancel this lease on fifteen (15) days written notice to LESSEE; or LESSOR, at its election, may

14. The hunting rights granted hereunder are exclusively for the benefit of LESSEE,

allow or conduct commercial or “for profit” hunting on the leased premises, as determined solely

by LESSOR.

15. The possession of the property by LESSEE hereunder, and any previous possession

using any unmanned aircraft system(s) or drone(s) (hereinafter, unmanned aircraft systems and

drones are collectively referred to as “drones”) on the Property. LESSEE acknowledges and agrees

that, in order to be considered for approval of operating a drone(s) on the Property, the drone(s)

must be registered in accordance with any applicable state law and regulations pertinent to the

requested usage (e.g., La. R.S. 3:41 et seq.), and the operator of the drone(s) must first be in

possession of any valid and applicable license pertaining to the operation of unmanned aircraft

system(s) or drone(s) in the state of Louisiana. Throughout its approved usage of drones on the

Property, LESSEE further agrees to remain in compliance with any and all applicable state and

federal laws and regulations regarding such usage.

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evidence that any improvements meet all applicable codes and standards.

3. LESSEE shall not obligate the LESSOR or create any liability on LESSOR’s part

for materials used in the construction and maintenance of additions of improvements, or contract

for any labor in connection therewith, if such actions constitute or create a lien on the property,

and LESSEE shall hold LESSOR harmless from any and all costs and expenses, including

reasonable attorney fees, arising from or associated with any such actions by the LESSEE.

4. LESSEE shall be deemed to be the owner of any structure(s) and pumps placed or

of the property, then, in that event, LESSEE shall have ninety (90) days from the date of execution

option, LESSEE herein may negotiate with the succeeding LESSEE for a purchase of the said

structures and pumps. In the event that the LESSEE does not remove his structures and pumps,

and does not negotiate to sell such structures and pumps to the succeeding LESSEE, then in that

event LESSOR shall be deemed to be the owner of said structures and pumps, and shall have the

INSURANCE from a good and solvent insurance company, naming the State of Louisiana,

Louisiana Department of Wildlife and Fisheries and the Louisiana Wildlife and Fisheries

Commission herein as INSUREDS in the sum of ONE MILLION DOLLARS ($1,000,000.00),

General Comprehensive Liability Insurance, insuring LESSOR against claims for bodily injury

and property damage, said insurance to cover the entire term of this lease.

This agreement shall be binding upon LESSOR and LESSEE, their respective successors

and assigns. This lease may not be subleased or otherwise transferred in whole or in part without

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without LESSEE’s permission, for injury, death, damage, loss, or destruction of any property

unless caused by LESSEE’s negligence. LESSEE agrees to investigate, handle, respond to, provide

defense for and defend any such claims, demands, or suits at its sole expense and agrees to bear

all other costs and expenses related thereto, including judgments, settlements, costs, attorney fees,

and expenses of defense, even if such claims, demands, and/or causes of action are groundless,

false, or fraudulent.

covered by this lease, remaining on the site after said lease has been suspended.

2. Should LESSEE be found by a tribunal of competent jurisdiction to have used the

property or any portion thereof in any manner which violates any state or federal statute, rule or

regulation, and for which violation a fine of TEN THOUSAND DOLLARS ($10,000) or greater

or a prison sentence is assessed, this lease will automatically terminate without further action on

causes of force majeure actually prevent the use of the lease and satisfactory evidence thereof is

submitted to the Secretary of LDWF.

4. There shall be no right of return of all or part of the consideration paid should this

lease be terminated for any reason except as provided in Paragraph 7 below.

5. In the event of cancellation or termination for any reason, LESSEE or its successors

hereby agree to remove at their sole risk, cost and expense, any or all structures or pumps and to

restore the property to its original condition within ninety (90) days of notice of the lease

termination. In the event LESSEE fails to remove all structures or pumps within ninety (90) days

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The granting of this lease shall not be a bar or defense to the right of the LESSOR or the

State of Louisiana and its agencies, boards and commissions to take any and all action necessary

to seek abatement of LESSEE’s construction or operations that unreasonably or unlawfully

interfere with or disturb the existing ecological regimen, including, but not limited to, fishing,

hunting, and trapping, and to seek legal recourse for any and all damage to the existing ecological

regimen arising out of LESSEE’s activities.

had occurred. The invalidity of any portion of this lease will not and shall not be deemed to affect

the parties agree that the remaining provisions shall be deemed to be in full force and effect as if

they had been executed by both parties subsequent to the expungement of the invalid provision.

understand and agree that the provisions herein shall, between them, have the effect of law; but in

reference to matters not provided herein, this lease shall be governed by the laws of the State of

Louisiana.

The venue for any claims or actions arising out of this lease, as well as any claims or actions

arising out of the awarding of this lease, shall be in the Nineteenth Judicial District Court, East

Baton Rouge Parish, Louisiana.

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(Signatures to follow on the next two pages)