exv10w15



 








Exhibit
10.15





LEASE
AGREEMENT




     This Lease entered into this day by and between the City of Greenville, Mississippi, a
municipal corporation, Lessor, acting by and through The City Council of Greenville, and Cotton
Club of Greenville, Inc., a Mississippi corporation with its principal place of business in
Greenville, Mississippi, Lessee,



     WITNESSETH:



1.




     The City of Greenville, Mississippi, is a municipality in which there is situated a harbor
that is a port of entry. Further, the said City owns the land
described in Exhibit “1” and which
is shown as “Area 2” on the map or plat attached to said Exhibit “1”, both said exhibit and said
plat being attached hereto and made a part hereof by reference. Said land is situated within
reasonable and practical proximity to said harbor and/or port. The City has determined that the
lease of said land to Cotton Club of Greenville, Inc., upon the terms and conditions and with the
safeguards herein stated, is needful for the convenient use of the same in the aid of commerce,
for industrial use, and that said terms, conditions and safeguards are such as will best promote
and protect the public interest. The terms and conditions, and the monetary rental herein stated,
have been found by the City to be adequate and have been approved by the City in an order or
resolution authorizing the same.



 









 





2.




     Wherefore, premises considered, Lessor hereby leases to Lessee
and Lessee hereby leases from Lessor upon the terms and conditions
and rentals hereinafter set forth that certain property located in
the City of Greenville, Washington County, Mississippi, as more
fully described on Exhibit “1” and on the plat attached thereto,
both of which are attached hereto and incorporated herein by
reference.



3.




     The term of this lease shall commence on the 1st day of April 1993, and end at midnight
on the 31st day of August, 1995. At the expiration of the original term, Lessee shall have the
option of three (3) additional five (5) year option terms, to be renewed automatically, unless
written notice of termination is given to Lessor by Lessee sixty (60) days prior to the expiration
date of the then existing term.



4.




     As rental for said property, Lessee hereby agrees to pay Lessor the sum of $100.00 per month
payable in advance on the 1st day of April and on the 1st day of each month thereafter during the
original term of this lease. Rentals for each option term hereunder shall be subject to a cost of
living increase to be based on the Consumer Price Index using April, 1993 as the base period.



5.




     Lessee, as a material part of the consideration herein, hereby waives all claims against
Lessor for damages to goods, equipment or




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merchandise or other items of personal property, upon or about said premises, and for
injuries, including death, to persons in or about said premises, from any cause arising at any
time. Lessee hereby agrees to hold Lessor exempt and harmless from any loss, damage, expense or
injury, including death, to any person, or to the goods, equipment, merchandise or property of any
person or persons arising from the use of the premises by Lessee. Lessee further agrees that it
will at all times during the term of this lease or any option term hereunder, at its own expense,
carry and maintain public liability insurance on the above premises in the limits of not less than
$1,000,000.00 with Lessor named as an additional assured therein, to protect the Lessor from any
and all claims for personal injury, including death, and property damage which may arise from the
operations under this lease agreement. Certificates of such insurance shall be filed with Lessor
and shall be subject to Lessor’s approval.




6.




     The Lessee shall not sublease said property, or any portion thereof, without
first obtaining the written consent of the Lessor, which consent will not be unreasonably
withheld. Lessee hereby agrees and obligates itself in the use and occupancy of the above
described property to conform to and abide by any rules, regulations, restrictions or ordinances
that are now or may hereafter be imposed or promulgated by Lessor, the Greenville Port Commission,
and/or the Board of Mississippi Levee Commissioners. Lessee further agrees that no illegal
activity will be conducted or




3









 








permitted in or upon the above property or in or upon the Cotton
Club of Greenville, Inc. It is further understood and agreed that
this lease is made subject to any rights of way or easements of the
Board of Mississippi Levee Commissioners in, on, and over said
property.



7.




     Any notice(s) hereunder shall be in writing, and if to the
Lessee, shall be addressed as follows:


Cotton Club of Greenville, Inc.

333 Washington Avenue
Greenville,
MS 38701



and if to the City of Greenville, shall be addressed as follows:



Mayor

City of Greenville 
Post Office Box 897

Greenville, MS 38702-0897




8.




     Upon the termination of this Lease Agreement, any and all improvements made by Cotton Club
upon the premises may at City’s sole election either be and become the sole property of City or
City may require Cotton Club to remove same at its sole cost and expense.



9.




     It is expressly understood and agreed by the parties hereto that the Lessor leases and grants
unto Lessee only such interest as it has the authority to grant and/or as it may possess in the
leased premises, if any, and Lessor makes no representation, guaranty or warranty whatsoever to
Lessee as to Lessor’s authority, title or ownership of the leased premises, which Lessee hereby




4









 







accepts as is, where is.




10.




     Lessee
agrees and acknowledges that, as long as Lessee leases any portion of City owned
property, it will not discriminate by segregation or, otherwise, against any person or persons
because of race, color, religion, sex, or national origin; also, Lessee shall not refuse to allow
the public the use of the facilities herein or restrict the use of the leased property herein
including any and all services, privileges, accommodations, membership, and/or activities to be
conducted on the leased premises to any person because of race, color, religion, sex, or national
origin.



     EXECUTED, this the 1st day of April, 1993.




	 	 	 	 	 
	 	 	COTTON CLUB OF GREENVILLE, INC.
	 
	 	 	 	 
	 

	 	By:	 	/s/ Matthew B. Walker
	 

	 	 	 	 
	 

	 	 	 	Matthew B. Walker, President
	 
	 	 	 	 
	 	 	CITY OF GREENVILLE, MISSISSIPPI
	 
	 	 	 	 
	 

	 	By:	 	/s/ C. C. “Frank”
	 

	 	 	 	 
	 

	 	 	 	C. C. “Frank” Self, Mayor







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STATE
OF MISSISSIPPI

COUNTY OF WASHINGTON



     PERSONALLY
APPEARED BEFORE ME, the undersigned authority in and for the county and state
aforesaid, the within named Matthew B. Walker, President of COTTON CLUB OF GREENVILLE,
INC., a Mississippi corporation, who acknowledged that for and on behalf of said corporation as its
act and deed he signed and delivered the above and foregoing Lease Agreement on the day and year
therein mentioned for the purposes therein stated, after first being authorized so to do.



     GIVEN
UNDER MY HAND AND OFFICIAL SEAL, this the 31st day of March, 1993.




	 	 	 
	 

	 	/s/ [ILLEGIBLE]
	 

	 	 
	 

	 	Notary Public
	My Commission Expires:
	 	 
	4/1/96
	 	 
	STATE OF MISSISSIPPI
	 	 
	COUNTY OF WASHINGTON
	 	 






     PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the county and state
aforesaid, the within named C. C. “Frank” Self, who
affirmed that he is the Mayor of the City of
Greenville, Mississippi, and that in his capacity as same, he executed the above and foregoing
Lease Agreement for the purposes therein mentioned, he being duly authorized so to do.



     GIVEN
UNDER MY HAND AND OFFICIAL SEAL, this the 1st day of April, 1993.




	 	 	 
	 

	 	/s/ [ILLEGIBLE]
	 

	 	 
	 

	 	Notary Public
	My Commission Expires:
	 	 
	My
Commission Expires February 5, 1996
	 	 







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A tract of
land 210 feet wide, the south line of which shall be the north edge of the paved City
wharf, the east line of which is the west edge of the access concrete sidewalk into Schelben Park,
the north line of which is 210 feet north of and parallel to the north edge of the concrete City
wharf, and the west line of which is the water’s edge of lake Ferguson, as it rises and falls, said
tract of land being shown as “Area 2” on the map or plat attached hereto and made a part hereof by
reference as if fully set out herein.


4-18-8

No Other
Indexing Instructions