The Chronicle-star combined with the Moss Point advertiser., 1948-11-12

W. years lIOill ttlG QaIe Oh exc
eutlon hereof, provided. however that.
AZ Lessee shall give notice to Lessons.
not less than sixty t60l days prior to
me termination hereof. of its desipe
ana intention to renew this lease,
then Lessee will have the preferential
Ilght TO renew this lease for an addi-
tionai period of five t5l years, at the
rental and under the same provisions
, as herein set forth.
S-SubJect to the performance by
Lessee of the covenants and condi-
lions set forth in Paragraph Four
Lessons, as minimum rent for the
items of property heretofore de-
scribed, the sum of FIVE HUNDRED
tSoO000l DOLLARS per year in ad-
vance each year. commencing with
the signing hereof. ~
4-Lessee covenants that either
through the operations OF the Lessee
or through its energies and efforts,
a minimum of twenty thousand t20.-
600 tons of freight shall be handled
either by import or export. or both.
each year over the municipal docks
of the City OF Pascagoula, for the first
tnree years: twenty-five thousand
t2o.0O0l tons for the next two years
ana forty thousand 100000 tons for
any additional years this lease or any
extension thereof remains In effect
In the event less than said minimum
tons of freight shall be so moved in
any one year, then Lessons may, at
their election. by giving thirty 1901
days notice in writing to the Lessee.
terminate this lease: provided. how
ever, that Lessee may. in such event.
prevent such termination by the pay
ment to the Lessons of an amount
equal to ONE Isl .0O) DOLLAR per
ton for the difference between the
Tonnage handled. as above and the APP
plicable minimum. For purposes of this
~ -l-FI
mean each successive twelve t12l
month period following the date of
execution of this lease. In the event
the Lessee elects to keep this lease
IN force under such conditions by the
payment of the sums aforesaid, then
lust as if no deficiency in tonnage
moved shall have occurred. In the
event the Tonnage moved, either by
import or EXPORT: bv the Lessee. or
through the direct efforts of the Les
see over the docks of the Lessons.
shall equal or exceed said minimum
for that year, then the above coven-
ant of the Lessee shall be considered
as having been fully complied with.
However. none of the above provisions.
with reference to said minimum ton
age. shall apply If Lessons fail to
maintain the harbor depth adjacent
to the City Docks as hereinafter pro-
vided in Paragraph Nine.
5-The parcel of land first described
above is to be used by the Lessee
for the storage and handling of vari-
Gus types of commodities and cargo
to be moved either by import or ex-
port, including, but not restricted to.
forest products; provided there Will
not be stored or handled on the prem
ises. for import or export, any COM
handling of which would be prohib-
tied by law. by government or mu4
nicipal regulations, or by order of
the Port Commission. conformable
thereto.
6-The Lessee is hereby authorized
to erect upon Parcel A such sheds,
warehouses and other facilities as 1t
may deem necessary for the conduct
OF its operations. Any such sheds,
warehouses, or other facilities, which
Lessee desires to erect or construct
must first be approved by the Port
Commission, as to location and gen
sral type of construction. At the ek-
oiration of this lease all such sheds,
warehouses and facilities. which would
ordinarily be classed as real property
after erection of construction. win be-
come the property of Lessons, unless
he Lessee elects to remove the same,
At its expense, within a reasonable
time not to exceed ninety t90) days
or unless the Lessons direct Lessee to
remove the same. In which event
'1ch structures ordered 70 be re-
.Ioved by the Port Commission, in
ueh reasonable time.
7-Lessee agrees and covenants to
maintain clearances. in addition to
The easements herein reserved, to ex-
sting fire hydrants and to fire hy-
trants which may be installed as may
De required by the Port Commission,
30 as to maintain fire lanes from such
fire hydrants to the City Docks
~ Il n.
expeditiously as practicable. so grade
and fill the land described as Parcel
A, that the surface will be reasonably
inform and to an elevation of ap-
oroximately one % foot below the
iurface of the City Dock or Wharf
and that the approach fill to the Dock
)r Wharf will have a gradient ratio
,f not greater than one in twenty.
Fills greater than one "a foot will
De constructed of compact earth or
liam shells. Fills less than one "a
,oot will be of compact clam shells
1t least eight 49, inches of compact
lam shells shall be placed over all
sarth fills.
Lessons covenant that the Pasca-
.oula Channel, adjacent to the City
Docks. and leading therefrom to deep
water. is now twenty (20) feet in
iepth. and will be maintained, during
he period of this lease. at that depth,
at a greater depth.
f0-Lessors agree that any dockage
n other charges 1eviable or assessable
igainst ships to be loaded or unloaded
With goods for export or import by
.essee. shall be competitive with such
harges as are assessed or levied by
my other active port on the Gulf of
Mexico. Such charges are to be made
gainst and collected from said ships
md Lessee shall not be held liable
hefefor. Lessons agree further that
lessee shall have free ingress and
egress to ships moored TO the docks
id1aeent to said leased land; and
lessee, for the above considerations,
authorized to move its cargoes
icross said docks to and from such
hips.
u-Lessee covenants and agrees
hat II Will save Lessons harmless from
any claims for loss, damage. personal
injury or property damage which may
oe propounded. enforced. or sought
be enforced against them arising
out of any operation of Lessee, its
successors or sub-lcssees. during the
period of this lease; and WILL at its
expense. handle. adjust. settle. defend
any such claims or causes of action
against Lessons, and will pay in sat
lsfaction of any such claim which
may be adjudicated against Lessons.
12-This lease is not transferable or
lssignable without the written con-
ent of Lessons. the giving of such
consent Delng OptlOndl with Lessors
and the leased premises may not be
ub-leased. in whole or in part, with
out such written consent of Lessons.
IN WITNESS WHEREOF. the under
iened have caused their signatures
and appropriate seals to be hereto
affixed on this the....th day of..s-.........
A. d. 1913
cry OF PAscACouLA
MISSISSIPPI
BY Mayor
ATTEST:
....s.a..................... CITY Clerk
pASCAGOULA PORT COMMISSION
............ President