Untitled

\\lilliewin10\Data\L-LEASE\PACKETS\2022\LOCK & DAM #4-TR NOS 1 & 4A-66.0\LL-M-L&D4-T1&4A-66.0.wpdREVISED 03-2011

MEMORANDUM

To: ALL POTENTIAL BIDDERS

From: LUKE PEARSON, REAL ESTATE MANAGER

Subject:

LEASE OF RED RIVER WATERWAY COMMISSION OWNED LAND/

LOCK & DAM NO. 4/TRACT NOS. 1 & 4/SEGMENT “A”/66.0 ACRES/

RED RIVER PARISH, LOUISIANA

Please find enclosed an invitation and proposal for bid on the referenced property. Also, please find

enclosed a sample of the lease documents you will be required to sign if you are the highest bidder.

Please be advised that the following restrictions and requirements, as well as those in the lease, will

govern the lease of the subject property:

1. BID--Minimum bid for this property is set at $15.00 per acre per year.

2. TERM--Lease term is set at 5 years, with option for 5 year extension.

3. PROPERTY--There shall be no cutting of timber by the Lessee . The property shall be maintained to the standards

of the LESSOR.

4. ACCESS--The District and the Commission do not guarantee access to the leased property - access must be

arranged by lessee.

5. USAGE--The District and the Commission do not guarantee the condition or suitability of the property for any particular

use or purpose. Lessee shall be responsible for erection of any fences and gates needed for use of the property or

as may be required by this lease.

6. INSURANCE--Evidence of insurance coverage must

be provided by the LESSEE to the District and the Commission

as required in Section 7 of the lease document, with the Commission named as an additional insured.

7. COST--The actual cost of advertising and recordation will be computed into the cost of the first years lease amount

and will be the responsibility of LESSEE. Cash

payments will not be accepted.

8. BID ENVELOPE–The enclosed sticker must

be affixed to the front of your sealed bid so that it can be clearly marked.

Envelopes submitted without this sticker and without a name will not be accepted.

9. TERMINATION--This lease is subject to termination with or without cause as per Section 9 of the lease

document

.

Please be advised that the bid opening date for this lease is

NOVEMBER 1, 2022 at 2:00 PM.

Direct all questions to Greylen Barnett or myself at this office.

LAND LEASE PROPOSAL

LOCK & DAM NO. 4/TRACTS 1& 4/SEGMENT “A”/66.0

RED RIVER PARISH, LOUISIANA

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NOVEMBER 1, 2022

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PROPOSAL FOR

LEASE OF PROPERTY OF THE

RED RIVER WATERWAY DISTRICT

LOCATED IN RED RIVER PARISH, LOUISIANA

DATE:

TO: Red River Waterway Commission

701 Highway 1 Bypass

Natchitoches, Louisiana 71457

Gentlemen:

In accordance with your Invitation for Proposals for the Lease of property of the Red River Waterway

District located in RED RIVER PARISH

, Louisiana, and subject to all of the conditions and requirements

thereof and of the Lease agreement which is made a part of this Proposal, I (we) submit this Proposal

and hereby agree:

1. To lease for a FIVE (5) YEAR PERIOD

, commencing on DECEMBER 1, 2022 ,

and ending on NOVEMBER 31, 2027

, the following described property:

a. Location/: A certain piece, parcel or tract of land, lying and situated in Red River Parish, Louisiana, in

Sections 11 and 14, T11N-R9W, on the right descending bank of Red River and being more particularly

described as follows:

b. Description/:

A certain piece, parcel or tract of land, lying and situated at Lock and Dam No. 4, a portion of

Tract No. 1 and Tract No. 4 Segment “A” being located in Sections 14 and 15, T11N-R9W, Red River Parish,

Louisiana, being bound by the CORPS Federal Reservation, Red River Oxbow, Property Line, Permanent

Right of Way Limit and less and except a 40' wide access road through the property as illustrated on an aerial

photo map, containing

66.0 Acres, more or less, being more fully shown highlighted in red on the attached

aerial photo map, prepared by the Red River Waterway Commission, filed in the files of the Red River

Waterway Commission Headquarters, Natchitoches, Louisiana.

2. To pay the Red River Waterway Commission a total consideration of $ for

a lease of the said property in 5

equal annual installments of $ per year.

A certified check or money order in the amount of $

, which is equal to 10% of the

total bid amount, is enclosed as a deposit. The deposit will be returned if I am not the

successful bidder.

3. To execute an Act of Lease containing the terms and conditions required by the Red River

Waterway Commission within ten days after it is presented to me (us) for execution. I

acknowledge that the Lease agreement was available for my review prior to submission of this

proposal.

4. To reimburse the Commission for the actual costs of advertising and recordation for lease of the

property (in addition to lease payments). I understand that the advertising and recordation costs

are

ESTIMATED to be $ 105.00 , but I agree to pay whatever the actual costs may be.

LAND LEASE PROPOSAL

LOCK & DAM NO. 4/TRACTS 1& 4/SEGMENT “A”/66.0

RED RIVER PARISH, LOUISIANA

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NOVEMBER 1, 2022

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BIDDER:

Printed Name

BY:

Title

ADDRESS:

TELEPHONE NUMBER(S)

CELL NUMBER(S)

FAX NUMBER

E-MAIL ADDRESS

SEALED BID

NOVEMBER 1, 2022 2:00PM

66.0 ACRES

RED RIVER PARISH, LA



STANDARD LAND LEASE AGREEMENT

LOCK & DAM NO. 4/

TRACTS 1& 4/SEGMENT “A”/66.0

RED RIVER PARISH, LOUISIANA

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DECEMBER 1, 2022

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SAMPLE

STANDARD BID LEASE AGREEMENT

DO NOT RETURN THIS DOCUMENT WITH BID PACKET

This Lease Agreement (hereinafter “Agreement”) is made and entered into this Day

of

, 2019, between:

RED RIVER WATERWAY DISTRICT, acting through the Red River

Waterway Commission, its governing authority (hereafter Red River

Waterway District and Red River Waterway Commission, collectively

"LESSOR” or “Waterway Commission");

and

,

whose mailing address is

,

, LOUISIANA ,

(hereafter "LESSEE").

1. DESCRIPTION OF PROPERTIES

LESSOR hereby leases to LESSEE, on the terms and conditions hereafter set forth, the

following described property located in the Parish of RED RIVER

, State of Louisiana (sometimes

hereafter the "Premises"):

DESCRIPTION

A certain piece, parcel or tract of land, lying and situated in Red River Parish, Louisiana, in Sections 11 and 14, T11N-R9W, on the right

descending bank of Red River and being more particularly described as follows:

A certain piece, parcel or tract of land, lying and situated at Lock and Dam No. 4, a portion of Tract No. 1 and Tract

No. 4 Segment “A” being located in Sections 14 and 15, T11N-R9W, Red River Parish, Louisiana, being bound by

the CORPS Federal Reservation, Red River Oxbow, Property Line, Permanent Right of Way Limit and less and

except a 40' wide access road through the property as illustrated on an aerial photo map, containing

66.0 Acres,

more or less, being more fully shown highlighted in red on the attached aerial photo map, prepared by the Red River

Waterway Commission, filed in the files of the Red River Waterway Commission Headquarters, Natchitoches,

Louisiana.

2. TERM

The term of this lease is five (5) years beginning on on DECEMBER 1 , _ 2022____,

(the "Anniversary Date" in each lease year) and ending at Midnight on

NOVEMBER 30 , 2027

.

3. RENTAL

LESSEE agrees to pay LESSOR a total of $ for the lease term,

to be paid in five (5) equal annual installments of

$ . Each lease payment shall be due on or

before the Anniversary Date of each lease year. Any installment of rent not paid when due shall bear interest

at the rate of twelve (12%) percent per annum from the date when such payment should have been paid.

4. USE OF PREMISES

LESSEE shall use the Premises only for agricultural or recreational purpose as set forth in La. Rev.

Stat. 34:2309(15)(a)(ii). No other use of the Premises will be allowed. LESSEE shall not engage in any

activities on the Premises without first obtaining any approvals or permits required by any state or federal entity.

There shall be no clearing of the Premises or cutting of timber. There shall be no grazing of livestock

on a closure structure if such a structure exists on the Premises. For purposes of this Agreement, a "closure

structure" shall mean an earthen and/or rock dam constructed across a former channel of Red River.

LESSEE shall be responsible for construction and maintenance of any fences and gates needed to assure

that no grazing will occur on the closure structure. No hunting is allowed on the premises.

STANDARD LAND LEASE AGREEMENT

LOCK & DAM NO. 4/

TRACTS 1& 4/SEGMENT “A”/66.0

RED RIVER PARISH, LOUISIANA

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5. ENCUMBRANCES

The lease of the Premises is subject to all highway, railroad, power line, pipeline and other crossings

on, over or under the Premises or appearing of record in the Parish in which the Premises is located.

LESSOR, its predecessors, and their heirs, successors and assigns reserve the right to come upon the

Premises for the purpose of making geophysical surveys, drilling, producing and transporting oil, gas or other

minerals, constructing roads, railroads, pipelines, power lines, communication lines, or for any other purpose

deemed necessary or convenient to LESSOR. This Agreement shall in all respects be subordinate to any

present and/or future leases of oil, gas or any other mineral.

LESSEE may not mortgage, pledge or hypothecate this Lease nor subject it to seizure or sale.

6. INDEMNIFICATION

LESSEE shall occupy the Premises at its own risk and shall indemnify and defend LESSOR against

any expense, loss, cost, damage, claim, action, or liability paid, suffered, or incurred as a result of (i) any

negligence or fault of LESSEE or its agents, servants, employees, visitors or licensees; (ii) any breach of any

representation, covenant or condition of this Agreement; (iii) LESSEE'S use or occupancy of the Premises;

(iv) the condition or defects of the Premises; (v) or brought about or caused, in whole or in part, by the

intentional acts, negligence, willful disregard, strict liability, absolute liability, vicarious liability or breach of

contract of the Waterway Commission. LESSEE'S liability under this Agreement extends to the acts and

omissions of any subtenant as well as any agent, servant, employee, customer, visitor or licensee of LESSEE

or any such subtenant. LESSEE agrees to provide legal defense for and defend any such claims, demands

or suits at LESSEE'S sole expense and to bear all court costs and other expenses.

. LESSEE shall be solely liable for any personal injury or property damage to LESSEE or any third party

which may arise out of any defects in, or use of the Premises, and shall defend, indemnify, and hold the

Waterway Commission harmless for any such injuries or damages. LESSEE further acknowledges and

agrees that exclusive possession and garde of the Premises shall be vested in LESSEE for all purposes

including the purpose of determining liability for personal injury and property damage to LESSEE and third

parties for occurrences on or about the Premises.

LESSEE expressly recognizes and acknowledges that the Premises, in whole or in part, may be

subject to flooding and other actions of the Red River and its tributaries and distributaries and Lessee

expressly accepts all risks of any personal injury or property damage resulting from such action of Red River

and its tributaries or distributaries and shall defend, indemnify and hold Lessor harmless from all such injuries

or damages.

7. INSURANCE

LESSEE shall obtain and carry from a reputable insurance company acceptable to LESSOR, liability

or indemnity insurance providing minimum coverage of $100,000.00 per person in any one claim and an

aggregate limit of $300,000.00 for any number of persons or claims arising from any one incident with respect

to bodily injury, death or property damage suffered by any person or persons resulting from the operations

conducted on the Premises, with the RED RIVER WATERWAY COMMISSION named as an additional

insured. LESSEE agrees to carry Workmen's Compensation Insurance and to include United States Long

STANDARD LAND LEASE AGREEMENT

LOCK & DAM NO. 4/

TRACTS 1& 4/SEGMENT “A”/66.0

RED RIVER PARISH, LOUISIANA

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Shoremans and Harbor Act coverage on employees if required by law.

8. WARRANTY

OTHER THAN A WARRANTY OF PEACEFUL POSSESSION IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, LESSOR

MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE PREMISES, EVEN AS TO ACCESS OR FITNESS FOR A

PARTICULAR USE OR PURPOSE. LESSEE HEREBY ASSUMES ALL RESPONSIBILITY FOR CONDITION OF THE PREMISES AND

SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE OR PURPOSE.. THE DISTRICT AND THE COMMISSION DO NOT

GUARANTEE THE WATER LEVEL IN THE BORROW PITS OR THE RIVER WILL REMAIN STABLE OR HAVE ADEQUATE DEPTH TO CONTAIN

LIVESTOCK ON THE PROPERTY.

LESSEE ACKNOWLEDGES THE PROPERTY IS PRONE TO FLOODING AND POTENTIAL LOSS

OF LESSEE’S PERSONAL PROPERTY. LESSOR IS NOT RESPONSIBLE FOR ANY LOSSES BY LESSEE AS A RESULT OF

FLOODING

.

9. TERMINATION

LESSOR shall enjoy at its sole discretion the right at any time to terminate, with or without cause, this

Agreement upon thirty (30) days written notice with respect to all or any part of the Premises or to suspend

the effect of the Agreement for all or any part of the Premises for such period of time as LESSOR may

stipulate, and in any such event the sole recourse of LESSEE shall be to receive a refund of rental payments

for such portion of the Premises and term of the Agreement as are affected by such action by LESSOR.

LESSOR may terminate upon five (5) days written notice upon receipt of notice of lapse, termination

or cancellation of any insurance required by this Agreement.

Prior to the expiration of the five (5) year term, LESSEE may terminate this Agreement on an

Anniversary Date (other than the initial Anniversary Date) if:

a) LESSEE provides LESSOR with written notice of LESSEE’s intent to terminate a minimum

of 90 days prior to the proposed termination Anniversary Date;

b) LESSEE is not in default and has fully complied with all the terms and conditions of this

Agreement through and including the early termination date;

c) On or before the proposed termination Anniversary Date, LESSEE shall:

(i) Pay LESSOR a

$200.00 Early Cancellation Fee;

(ii) Peaceably surrender the Premises in the same good order and condition as the

Premises was in at the commencement of this Agreement; and

(iii) remove all machinery, property, or improvements (including without limitation

buildings, fences, or roads) placed by LESSEE on the Premises.

Any dispute between LESSOR and LESSEE as to whether LESSEE has satisfied the terms

necessary for early termination shall be resolved by the Commissioners of the Red River Waterway

Commission, and their decision shall be final.

10. ASSIGNMENT AND SUBLEASE

This Agreement may not be assigned or the Premises subleased without prior written consent of

LESSOR.

12. NOTIFICATION BY LESSEE

LESSEE shall immediately notify LESSOR of any trespass on or vandalism or damage to Premises

or LESSOR'S PREMISES, if any, on the Premises.

13. ENVIRONMENTAL PROTECTION

a) LESSEE will comply with all applicable environmental laws and regulations and all

other Federal, State and local laws, regulations and standards that are applicable to

LESSEE'S activities on the Premises.

STANDARD LAND LEASE AGREEMENT

LOCK & DAM NO. 4/

TRACTS 1& 4/SEGMENT “A”/66.0

RED RIVER PARISH, LOUISIANA

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b) LESSEE shall be solely responsible for obtaining at its cost and expense any

environmental permits required for its operations under this lease, independent of any

existing Permits. LESSEE shall not use or rely upon any present permit or past permit issued

to LESSOR without LESSOR'S express written approval in advance.

c) LESSEE shall save, indemnify, defend and hold harmless LESSOR from any costs,

expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills, storage,

disposal, or any other action by LESSEE, its officers, agents, employees, or contractors, the

invitees of any of them, and third parties, giving rise to LESSOR liability, civil or criminal, or

responsibility under Federal, State or local environmental laws. This provision shall survive

the expiration or termination of this lease, and LESSEE'S obligations hereunder shall apply

whenever LESSOR incurs costs or liabilities of the types described in this paragraph 14.

d) LESSOR'S rights under this lease specifically include the right of LESSOR to inspect

LESSEE'S Premises for compliance with environmental, safety, and occupational health laws

and regulations, whether or not LESSOR is responsible for enforcing them. Such inspections

are without prejudice to, and in addition to, the right of duly constituted enforcement officials

to make such inspections.

e) LESSEE agrees that LESSOR assumes no liability to LESSEE should hazardous

waste cleanup requirements, whether imposed by law or regulatory agencies, interfere with

LESSEE'S use of the Premises. LESSEE shall have no claim on account of any such

interference against LESSOR or any officer, agent, employee or contractor thereof.

f) LESSEE must comply with all Federal, State, and local laws, regulations, and other

requirements relating to occupational safety and health, the handling and storage of

hazardous materials, and the generation, handling, accumulation, treatment, storage,

disposal, and transportation of hazardous wastes. LESSEE will not accomplish any

treatment, storage, or disposal of hazardous waste unless LESSEE is in possession of a

valid permit issued to it under the Resource Conservation and Recovery Act, as amended.

LESSEE shall not treat, store, or dispose of any hazardous waste using any permit issued

to any other entity.

g) LESSEE must maintain and make available to LESSOR all records, inspection logs,

and manifests that track the generation, handling, storage, treatment and disposal of

hazardous waste, as well as all other records required by applicable laws and requirements.

LESSOR reserves the right to inspect the records of LESSEE for compliance with Federal,

State, and local laws, regulations, and other requirements of law or of this Lease relating to

the generation, handling, storage, treatment and disposal of hazardous waste, as well as to

discharges or releases of hazardous substances. Violations of laws, regulations or other

requirements will be reported by LESSEE to LESSOR and appropriate regulatory agencies.

LESSEE will be liable for the payment of any fines and penalties which may accrue as a

result of the actions of LESSEE.

h) LESSEE will be responsible for meeting all applicable wastewater discharge permit

standards.

i) Notwithstanding any other subcondition of this lease, LESSEE shall not store or

otherwise allow hazardous waste to remain on the Premises in excess of ninety days.