SHREVEPORT CITY COURT

City of Shreveport Number

Versus Division

Mabel's d/b/a Proud Mary 360 Judge

PETITION FOR EVICTION

The petition for eviction of Mabel's Bistro, L.L.C. d/b/a Proud MajSy 360, plaintiff
appearing through LH Commercial Real Estate Services, Inc. d/b/a Lea Hall Properties, agent for
the City of Shreveport, against Mabel's Bistro, L.L.C. d/b/a Proud Mary 360, defendant,
represents: " ~

Plaintiff represents that it is the owner of the property located at 500 Clyde feint
Parkway, Suite 100, Shreveport, Louisiana 71101.

2.
Defendant, Mabel's Bistro, L.L.C. is the occupant of the premises described in paragraph
1.
3.
Plaintiff requests that defendant be evicted from the premises, as per the attached
lease agreement between the City of Shreveport and Mabel's Bistro, L.L.C fully executed and
notarized on August 1, 2017. More specifically, for the following reason(s):

(1) Nonpayment of Common Area Maintenance Charges and late fees described
on Exhibit Al & A2;
(2) Failure to provide verifiable documentation that Tenant has provided at least
$56,437.56 of approved improvements as described in Article l.C—Base
rent;
(3) Failure to provide proof of insurance as described in Article 26.—Insurance;
and
(4) Failure to maintain regular business hours of operation as described in Article
60 Days/Hours of Operation.

4.
Notice to vacate was given to and acknowledged by the Tenan on May 2, 2019.

5.
Plaintiff has attached a copy of the notice to vacate and a cr py of the lease.

WHEREFORE, plaintiff prays that defendant be ordered to show cause why they should
not be evicted.

RESPECTFULLY SUBMITTED this /& day of

LH Commercial Real Estate Services, Inc. d/b/a Lea Hall Prr perties
Agent for the City of Shreveport
510 Commerce St.
Shreveport, LA 71101
PHONE: 318-221-1234 PLAINTIF!;/J ^

&
 ORDER

TO: Defendant Mabel's Bistro, L.L.C.,

YOU ARE COMMANDED to appear in the Shreveport City Court, 1244 Texas Street,
Shreveport, Louisiana on the "23 day of Aftgi^J , *lo\&\t "2.t>iv\o
show cause why you should not be evicted from the premises described in paragraph 1 of the
above petition.

Shreveport, La. this 13 day of N\,<\vJ '2£>\[ .

Robert H.Shemwell, Clerk

By:
Deputy Clerk
 Notice of Eviction

To: MABEL'S BISTRO, L.L.C. d/b/a Proud Mary 360 herein represented by Miles A. Lester

Notice of Termination for Reason of Default of Lease between City of Shreveport and Mabel's
Bistro, L.LC. D/B/A Proud Mary 360 fully executed and notarized August 1, 2017:

-Non payment of CAM charges and late fees as per attached Exhibit Al & A2

-Failure to provide verifiable documentation that Tenant has provided at least $56,437.56 of
approved improvements as described in Article l.C Base Rent.

-Failure to provide proof of insurance as described in Article 26. Insurance.

-Failure to maintain regular business hours of operation as described in Article 60.

Days/Hours of Operation

Notice to: MABEL'S BISTRO, L.L.C. d/b/a Proud Mary 360 herein represented by Miles A.
Lester

Pursuant to the above described written lease, you are a tenant for the premises described as
the following:

Amended address by Bossier Parish Tax assessor of 500 Clyde Fant Parkway, Suite 100,
Shreveport, Louisiana 71101

Your lease or the applicable laws of the State of Louisiana require that you be given seven (7)
days advance notice prior to the termination of your lease or tenancy. This notice of
termination serves as your official notification of termination of your lease with notice to
vacate the premises on or before thirty (30) days from receipt of notice by email and/or US
mail, or hand delivery.

For the non-payment of CAM charges in the amount of $8,725.00 plus late fees of $7,170.00
which continue to accrue $10.00 per day until paid as well as the above described defaults.

In addition to attorney fees, and court cost as per your lease.

Debra N.Camus Date ' Witness (-' Date

Lea Hall Properties, Agent for the City of Shreveport

510 Commerce St.
Shreveport, La 71101
 Statement
LHP Agent for City of Shreveport
510 Commerce Street Date
LA 71101 4/16/2019

To:
Proud Mary's 360
500 Clyde Fant Parkway Ste 100
Shreveport, LA 71101

Amount Due Amount Enc.

$8,725.00

Date Transaction Amount Balance

04/29/2018 Balance forward 0.00

06/01/2018 1NV #399. Due 06/01/2018. 1,042.50 1,042.50
, 06/19/2018 INV #400. Due 06/19/2018. 90.00 1,132.50
06/19/2018 PMT#I064. -1,042.50 90.00
07/01/2018 INV #411. Due 07/01/2018. 1,042,50 1,132.50
07/10/2018 PMT#1079. -1,150.00 -17.50
08/01/2018 INV #422. Due 08/0 1/20 18. 1,042.50 1,025.00
09/01/2018 INV #433. Due 09/01/2018. 1,042.50 2,067.50
09/17/2018 fNV #434. Due 09/1 7/20 18. 380.00 2,447.50
1 09/20/2018 PMT #9164213588. -1,020.00 1,427.50
: 10/03/2018 INV #444. Due 10/01/2018. 1 ,042.50 2,470.00
11/01/2018 INV#456.DueIl/01/2018. 1,042.50 3,512.50
12/01/2018 INV #467. Due 12/01/2018. 1,042.50 4,555.00
: 01/01/2019 INV #479. Due 01/01/2019. 1,042.50 5,597.50
; 02/0 1/20 19 INV #489. Due 02/0 1/20 19. 1,042.50 6,640.00
: 03/0 1/20 19 1NV #500. Due 03/01/2019. 1,042.50 7,682.50
04/01/2019 INV #516. Due 04/01/2019. 1,042.50 8,725.00

I
1

CURRENT 1-30 ™|PAST

3 1-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS
DUE DUE PAST DUE Amount C ue

0.00 1,042.50 1,042.50 1,042.50 5,597.50 $8,725.00

 PROUD MARY'S 360 LATE CHARGES

Sept.10, 2018 - Mar.18, 2019 = 189 Days @ $10.00 a day = $1890.00

Oct. 10, 2018 - Mar. 18, 2019 = 159 Days @ $10.00 a day = $1590.00

Nov. 10, 2018 - Mar. 18, 2019 = 128 Days @ $10.00 a day = $1280.00

Dec. 10, 2018 - Mar. 18, 2019 = 98 Days @ $10.00 a day = $ 980.00

Jan. 10, 2019 - March 18, 2019 = 67 Days @ $10.00 a day = $ 670.00

Feb. 10, 2019 - March 18, 2019 = 36 Days @ $10.00 a day = $ 360.00

Mar. 10, 2019 - March 31, 2019 = 21Days @ $10.00 a day = $ 210.00

April 10, 2019 - April 19, 2019 = 19 Days @ $10.00 a day = $190.00

TOTAL LATE CHARGES = $7170. 00

 LEASE AGREEMENT

STATE OF LOUISIANA

PARISH OF CADDO

Effective as of June 1, , 2017 (the "Effective Date") CITY OF SHREVEPORT

("Landlord"), located at 505 Travis Street, Suite 550, Shreveport, Louisiana, hereby leases and
rents unto MABEL'S BISTRO, L.L.C., ("Tenant"), herein represented by its Member, Miles A.
Lester, with a current mailing address of 228 Spring Street, Shreveport, Louisiana 71101, a
certain building space in the Red River District (the "District") identified as Suite 100
(approximately 7,525 sq. ft.), Red River District, 450 Clyde Fant Parkway, Shreveport,
Louisiana, 71101 (the "Leased Premises"), as the District and the Leased Premises are further
described on the attached Exhibit "A" (the " District") and Exhibit "B" (the "Leased Premises"),
on the following terms and conditions. The term "Tenant" as used herein shall also include any
approved sub-lessee as provided in Paragraph 24 of this Lease Agreement.

1. BASE RENT: From August 1, 2017 through July 31, 2020 (the "Payment Term")
of this Lease, Tenant shall pay a rental rate of $5.00 per square foot ($5.00 x
7,525 sf) for the Leased Premises, the said amount to be paid on a monthly basis in the
amount of Three Thousand One Hundred Thirty Five and 42/100 Dollars ($3,135.42)
per month (Thirty Seven Thousand Six Hundred Twenty-Five and no/100 Dollars
($37,625.00) annually) payable in advance on the first (1st) day of each calendar
month during the Payment Term of this Lease subject to a monthly credit of Three
Thousand One Hundred Thirty Five and 42/100's ($3,135,42) for Eighteen
Months (Fifty Six Thousand Four Hundred Thirty Seven and 56/100 Dollars
($56,437.56) during the first Eighteen Month Payment Term of this Lease Agreement
for the cost of approved and documented improvements to the Leased Premises
performed or provided at Tenant's sole cost and expense. A list of the "Approved
Improvements" shall be developed by Landlord and Tenant within fifteen (15) days of
execution of this Lease Agreement by Landlord and Tenant and shall be appended to
and incorporated herein as Exhibit "C."

On or before the fust day of every month, Tenant agrees to pay to Landlord Rent,
CAM charges as described in ^rtcle 11, Tenant's pro rata share of taxes, and
merchant's association fee, in advance, without demand, deduction, or set off, for the
initial Term of the Lease. Any rents, CAM charges, taxes, or merchant's association
fees that have not been received in Landlord's designated office, paid in full, within
ten (10) calendar days immediately following its due date shall automatically be
considered late and shall cause Tenant to owe unto Lessor a Late Fee in addition to
other sums due. Said Late Fee shall be the greater of Ten Dollars ($10.00) per day, or
twelve (12%) percent per annum of the past-due amount. Said Late fee shall be
computed from the beginning on the eleventh (11 ) day immediately following the

Page 1 of27
 payments due date and continuing each day thereafter until both the Late Fee and the
past due rent payment, fee or charge is paid in full.

Tenant's entitlement to the rent credit throughout the Payment Term of this Lease
Agreement shall be conditioned upon Landlord's receipt of the following information:

a. Landlord's receipt of a Certificate of Occupancy issued by the office of the

Metropolitan Planning Commission on or before September 1, 2017;

b. Landlord's receipt of a lien free certificate on or before September 1, 2017; and

c. Verifiable documentation that Tenant has provided at least Fifty Six Thousand
Four Hundred Thirty Seven Thousand and 56/100 Dollars ($56,437.56) of
approved improvements to the Leased Premises on or before August 1, 2017. For
purposes of this Agreement, the term "verifiable documentation" shall include,
but shall not be limited to original or certified copies of paid itemized invoices or
receipts, canceled checks, contractual documents and other such information
and/or documentation which may reasonably be verified by Landlord.
__-—— ^
Should Tenant fail to provide all information in items (a) through (c) above by the stated
deadlines, Tenant shall remit in one lump-sum payment no later than October 1, 2017 the amount
of the monthly rent credits that Tenant has taken and Tenant shall not receive the monthly credit
thereafter. Any partial month shall be prorated as of date of occupancy.

Rent shall be payable to City of Shreveport, c/o Lea Hall Properties, 510 Commerce Street,
Shreveport, Louisiana 71101, the Landlord's designated property management company
telephone number being 318-221-1234. Landlord may from time to time designate other places
for the payment of the rent by written notice to Tenant.

2. TERM: Except as otherwise provided herein, this Agreement shall be effective as of

August 1, 2017, the Effective Date, continuing until (the "Primary Term"). If either party
desires the Lease to terminate at its expiration date, a thirty (30) day written notice shall be
given to the other party. If no notice is given, the Lease shall not be reconducted but, subject
to the Option, shall continue on a month to month basis. In such event, either party may
terminate the Lease thereafter at the end of any month by giving a thirty (30) day written
notice to the other party. If this Lease is converted to a month to month tenancy as provided
herein, the monthly base rent shall increase by Twenty Five Percent (25%) per month.

Provided that Tenant is not in default of any provision of this Lease at the time of exercise of
an option to extend provided herein or at any time thereafter prior to the commencement of
the "Option Term" (as hereinafter defined), Tenant shall have the option to extend (the
"Option to Extend") the Term of this Lease for one (1), additional period of three (3) years
(such period being referred to herein as the "Option Term") only by giving Landlord written
notice not more than six (6) full calendar months before the expiration of the Primary Term.
The amount of the lease payment during a renewal term shall be adjusted according to any

Page 2 of27
Lease, and Tenant shall have no right of reimbursement therefore. Tenant shall promptly remove
any items belonging to Tenant and repair or replace in a like condition the Leased Premises on or
before the expiration of this Lease, or any extension or renewal thereof. Any alterations or
additions made by Tenant to the Leased Premises shall be performed in a good and workmanlike
manner, in compliance with all governmental requirements and permits, and without
interference with the other tenants or the transaction of business in the District. Tenant shall
secure builders risk, liability workers compensation and other insurance coverage in the limits
and types specified in Exhibit "D" naming Landlord as an additional insured and provide
proper evidence of such insurance coverage to Landlord prior to commencement of any
alteration or addition to the Leased Premises ("work") except to the extent such claim, liability
obligation or expense is caused by Landlord or its agents. Tenant shall indemnify, defend,
and hold Landlord harmless from all claims, liabilities, obligations and expenses, including
attorney fees, arising from or in any way connected with such work. Tenant shall only use a
licensed and bonded contractor for any such work and warrants that all contractors and all
sub conn-actors, laborers and suppliers shall be paid in a timely manner. Tenant hereby
indemnifies Landlord (including attorney fees) against liens for any work performed, material
furnished, or obligations incurred by or on behalf of Tenant. Tenant shall keep the Leased
Premises free from any such liens, and shall discharge or bond or any lien filed within ten (10)
days after written notice of the filing thereof.

6. RIGHT OF ENTRY: Landlord, its employees, agents, successors or assigns shall

have the right to enter the Leased Premises at all reasonable times for the purpose of inspection,
or in order to make any repairs required of Landlord, or which may be necessary for the
preservation of the Leased Premises, or for any other lawful and reasonable purpose.

Landlord shall provide all locks, keys and similar devices for entry doors and
windows requiring same. Tenant shall not attach or permit to be attached additional locks or
similar devices to any door or window, change existing locks or the mechanism thereof, or make
or permit to be made any keys for any door other than those provided by Landlord. If more than
two keys for one lock are desired, Landlord will provide them upon payment therefore by Tenant.
Tenant, upon termination of its tenancy for any cause, Tenant shall make actual delivery of the
keys to Landlord. Failure to make such delivery shall result in a re-key charge to Tenant of
all locks located on the Leased Premises.

7. DELIVERY OF PREMISES: To Landlord's knowledge, the Leased Premises are

in good condition. Tenant assuming possession of the Leased Premises constitutes an admission
that the Leased Premises have been examined and found to be in good and safe condition.
Tenant accepts the Leased Premises in such condition; assumes responsibility for the condition of
the Leased Premises; agrees to keep the Leased Premises in good condition during the term of
this Lease, and any extension or renewal thereof, at Tenant's expense; agrees to keep the Leased
Premises broom clean and free from dirt, trash and debris in and around the Leased Premises
during the entire term of this Lease, or any extensions or renewals thereof; and agrees to return
the Leased Premises to Landlord in the same good and clean condition at the termination of this
Lease, normal wear and tear excepted.

Page 4 of 27
 All electrical, HVAC equipment, sprinklers, plumbing, and kitchen equipment (CITY
OWNED KITCHEN EQUIPMENT INSTALLATION AND REPAIRS NOT TO EXCEED
$30,000) that may be repaired and located in the Leased Premises on the Payment Date of this
Lease Agreement shall be delivered to Tenant by Landlord in good working condition. Landlord
will make all those repairs indicated on Exhibit "E" attached hereto, provided an inventory list of
kitchen equipment owned by Landlord and provided for Tenant's use during the Term of this
Lease Agreement shall be described in Exhibit "F" and attached hereto. All tenant owned or
leased equipment shall be installed and maintained at Tenant's sole cost and expense, including
code required grease traps.

CONDITION AND UPKEEP OF PREMISES: Unless otherwise provided herein,

upon commencement of this Lease Agreement, Tenant agrees to accept the Leased Premises in
"As Is' condition and acknowledges that the property which is the subject of this Lease
Agreement may be defective in its premises. Tenant does explicitly assume this Lease
Agreement and the use of the Leased Premises with full liability at all times and to all persons
for any and all defects of or on the Leased Premises, known or unknown, whatsoever in
accordance with the provisions of LSA-R.S. 9:3221 or other applicable provisions of law.
Tenant agrees not to store merchandise or leave trash outside the Leased Premises. All trash
shall be placed in containers as provided by Landlord in the alleyway in the rear of the building
or other location designated by Landlord. Should Tenant be in default of the requirements of
this provision, Landlord may, after written notice and opportunity to cure to Tenant, remedy such
default at Tenant's expense, and such expense plus fifteen percent (15%) of the cost thereof,
which Tenant shall pay the Landlord immediately upon demand of the Landlord. Tenant shall
use and occupy the Leased Premises as a prudent administrator and, on the Expiration Date of
this Lease Agreement, shall return the same to Landlord in the same condition as received,
broom clean, ordinary wear and tear excepted. Tenant shall continuously operate its business in
an efficient, high class and reputable manner for the entire Term. Tenant shall assure that all
entryways and alleyways of the Leased Premises are kept free from waste at all times. Tenant
shall keep the Leased Premises and sidewalks, serviceways and loading areas adjacent to the
Leased Premises neat, clean and free from dirt, trash, rubbish, ice or snow at all reasonable times.
Tenant shall keep the Leased Premises and entry to the Leased Premises in a good, clean and
habitable condition at all times, and shall at its sole cost and expense keep the Leased Premises
free of insects, rodents, vermin and other pests. Tenant shall be responsible for installation,
inspection, and upkeep of any required grease trap or storage of grease for its operation.

9. DELIVERY OF EQUIPMENT: Upon commencement of this Lease Agreement,

Landlord shall deliver those items (as determined by Landlord as repairable) located within or
upon the Leased Premises indicated on Exhibit "F" to Tenant in good repair and working
condition at a cost to Landlord not to exceed $30,000. Thereafter, Tenant shall be responsible
for all repair or maintenance of all items indicated on Exhibit "F" at Tenant's sole cost and
expense. However, once the items have surpassed their useful lifespan, are in unusable
condition, or are in such a condition that they cannot be reasonably repaired; the tenant may
discard the items and is not obligated to replace the items, subject to written notification and
approval from Landlord.

Page 5 of 27
EXHIBIT WE'

LANDLORD'S IMPROVEMENTS AND REPAIR LIST

PROVIDED AT CITY COST AND EXPENSE

1. Install fixed awning over the patio area to specification in keeping with other awnings
provided by Landlord throughout the District
2. Trim and prune existing trees in front of Tenant space
3. Repair sprinkler system, fire alarm system, and commercial vent hood with
suppression system (repair of hoods to be included in $30,000.00 cap provided by the
Landlord for equipment repair and installation). Current electrical and plumbing
systems will be repaired to City code. Any additional electrical requirements needed to
be service additional equipment provided by the Tenant shall be at Tenant's sole cost
and expense. Any changes or additions to bar area for tenant's drinking system shall be
provided at Tenant's sole cost and expense.
4. Installation of City provided kitchen appliances (to be included in $30,000.00 cap
provided by the Landlord for equipment repair and installation). Maintenance of those
appliances described on Exhibit F shall be at the Tenant's sole cost and expense as
identified in paragraph 10 of the Lease. All Tenant's owned appliances shall be
installed and maintained at Tenant's sole cost and expense.
5. Utilities will be provided at Landlord's expense throughout the renovation process.
Tenant shall provide utility deposits and transfer of all utilities upon substantial
completion and occupancy of the space wherein a Certificate of Occupancy has been
obtained by the tenant.

Page 25 of 27
 .—

EXffiBIBiT "F"
LANDLORD'S

KITCHEN EQUIPMENT LIST

1. Handwashing sink
2. Hood
3. Stainless steel 3 compartment sink
4. Ice machine
5. Stainless steel sink and prep table
6. Hood
7. Delfield Freezer
8. Tafco walk-in freezer
9. In kitchen hood system
10. Smaller in kitchen hood
11. Stainless steel table in kitchen
12. Stainless fixture with warmer drawer
13. Stainless fixture with sink
14. Bar sink
15. Stainless drink bin
16. Stainless sink in bar area
17. Stainless steel cooler
18. Stainless steel cooler
19. Stainless steel bar sink
20. Stainless steel Prestige bin
21. Stainless steel Prestige bin and counter top

Landlord to provide repair and installation not to exceed $30,000.00

f T7
Assignee, nor shall it release Tenant from the further observance and performance of the
restriction on assignment and subletting herein contained.

25. HOLDOVER: At the expiration of this Lease, or at its termination for any other
cause, Tenant shall immediately surrender possession. Tenant shall pay a liquidated damage five
(5) times the rent per day for each day of his failure to do so, plus attorney's fees^and all costs.
Only a new signed lease or extension agreement shall deprive Landlord of the choicTCrfBction.

26. INSURANCE: Tenant shall provide and maintain all insurance coverage
required by Exhibit "D" of this Lease Agreement throughout the Primary Term of this Lease
Agreement or any extension thereof It is agreed that the Landlord shall be under no obligation
to maintain insurance of any kind or amount on the property of Tenant or for any property^
personal injury liability for Tenant.

27. SUBORDINATION: This Lease is subject and subordinate to any mortgages or

other encumbrance which now or hereafter encumber or affect the Leased Premises and/or the
land on which the Leased Premises is situated, and to all renewals, modifications, consolidations,
replacements and extensions thereof This clause shall be self-operative and no further
instrument of subordination need be required by a mortgagee or Landlord. In confirmation of
such subordination, however, Tenant shall, at Landlord's request, promptly execute any
appropriate certificate or instrument that Landlord may request. Tenant hereby constitutes and
appoints Landlord as Tenant's attorney-in-fact to execute any such certificate or instrument for
and on behalf of Tenant. In the event of the enforcement by the holder of any such instrument of
the remedies provided for by law or by such mortgage or other encumbrance, Tenant will, upon
request of any other person or party succeeding to the interest of Landlord as a result of such
enforcement, automatically become the Tenant of such successor in interest without change in
the terms or other provisions of this Lease. Upon request by such successor in interest, Tenant
shall execute and deliver an instrument or instruments confirming the attornment herein provided
for.
28. ESTOPPEL CERTIFICATES: Tenant agrees, at any time and from time to
time, upon not less than five (5) days' prior written notice by Landlord to execute, acknowledge
and deliver to Landlord or to such person(s) as may be designated by Landlord, a statement in
writing (i) certiiying that Tenant is in possession of the Leased Premises, has unconditionally
accepted the same and is currently paying rents reserved hereunder, (ii) certirying that this Lease
is unmodified and in frill force and effect (or if there have been modifications, that this Lease is
in full force and effect as modified and stating the modifications), (iii) stating the dates to which
the rent and other changes hereunder have been paid by Tenant and (iv) stating whether or not to
the best knowledge of Tenant, Landlord is in default in the performance of any covenant,
agreement or condition contained in this Lease, and, if so, specifying each such default of which
notices to Landlord should be sent. Any such statement delivered pursuant hereto may be relied
upon by any owner, prospective owner, prospective purchaser, mortgagee or prospective
mortgagee of the Building(s) or of Landlord's interest therein, or any prospective assignee of any
such mortgagee.

Page 12 of 27
ATTACHMENT "D"

INSURANCE REQUIREMENTS

Tenant shall, at its own cost and expense, provide and maintain certain insurance in full
force and effect at all times during the Primary Term or any Option Term of this Lease
Agreement. Such insurance, at a minimum, shall include the following coverages and limits of
liability:

i. Commercial General Liability Insurance in an amount not less than a combined

single limit of $1,000,000.00 per occurrence to protect against personal injury, bodily injury,
property damage liability, premises/operations, personal and advertising injury, contractual
liability, medical payments, explosion, collapse and underground hazards and fire legal liability.
This police shall be endorsed to the City of Shreveport as an additional insured. It is Landlord's
intent that the policy coverage should not be limited by an annual aggregate limitation. If this
policy is to be limited by an aggregate annual limitation, the aggregate limitation shall not be less
than $2 Million; otherwise, Tenant shall provide $1,000,000.00 per project aggregate applicable
for the provisions of this Lease.

ii. Comprehensive Auto Liability Insurance, including owned, hired, rented or non-
owned automobiles, in an amount not less than a combined single limit of $1,000,000.00 per
occurrence endorsed to name the City of Shreveport as an additional insured.

iii. Worker's Compensation Insurance as required by the laws of the State of

Louisiana and Employer's Liability Insurance in a minimum amount of $1,000,000.00. This
policy shall contain an Other States Coverage Endorsement; endorsed to include coverage
required by the US Longshoreman and Harbor Workers' Compensation Act and Maritime
Coverage.

iv. All Risk Property insurance to cover property of the Landlord and the Tenant,
including improvements and betterments of any leased property in an amount not less than
$1,000,000.00, endorsed to name the City of Shreveport as an additional insured.

v. Environmental Impairment/Pollution Liability Insurance to include liability

coverage for the handling, removal, storage testing disposal and transportation of hazardous
materials or pollutants including clean up costs in an amount lot less than $1,000,000.00 each
occurrence.

Except as provided below in this Section, Tenant shall indemnify, defend and hold
Landlord harmless from all liability, charges, costs and expenses, including reasonable attorneys
fees and costs, incurred on account of any and all claims for damages or suits that are asserted or
initiated because of any injury to any person or damage to property of any kind whatsoever,
(whether the person or property of the Tenant, its agents, sub-lessees, employees or third
persons) caused in whole or in part by Tenant's occupancy or use of the Leased Premises or
Tenant's breach of this Lease, unless such liability, charges, costs and expenses results from, or
is caused by, the negligence or willful misconduct of Landlord, its employees, or other persons
under Landlord's control.

Each party waives and releases, to the extent of the proceeds that are or would be payable
to it in respect of the policies of property insurance and time element insurance that it maintains
in force or that this section requires, all rights of recovery, claim, action or cause of action that it
may now or later have against the other or the other's agents, officers and employees, by virtue
of; (A) any loss or damage that may occur to the Leased Premises, improvements to the Lease
Premises or personal property within the Leased Premises; or (B) any diminution in the rent
derived from the operation of the Leased Premises or in the revenue derived from the conduct of
business within the Leased Premises, regardless of cause or origin, including, without limitation,
the negligence of Landlord or Tenant or any of their respective representatives, agents,
employees, contractors and invitees. Because this paragraph will preclude the assignment of any
claim mentioned in it by way of subrogation or otherwise to an insurance company or any other
person, the parties agree immediately to give to each insurance company that has issued to it
policies of insurance covering risks of direct physical loss, written notice of the terms of the
mutual waivers contained in this paragraph, and to have the insurance policies properly
endorsed, if necessary, to prevent the invalidation of the insurance coverages by reason of the
mutual waivers contained in this paragraph, and to secure from their respective insurers waivers
of the insurers' subrogation rights.

Proof that such insurance coverages exist shall be furnished to Landlord by means of a
Certificate of Insurance from simultaneously with the execution of this Lease Agreement by
Tenant. The Certificate of Insurance shall name the City of Shreveport as an additional insured
as indicated herein and shall include a provision that in case of cancellation or any material
change in the coverage required herein, Landlord shall be notified no less than thirty (30) days
prior to such change or cancellation. Said provision shall include cancellation for non-payment
of premium.

Tenant shall be responsible for compliance with all safety rules and regulations of the
Federal Occupational Safety and Health Act of 1970, as amended, and those of all applicable
state acts, laws or regulations during the period of Tenant's occupancy of the Leased Premises.
Tenant shall indemnify Landlord for fines, penalties and corrective measures that result from the
acts or commission or omissions of Tenant, its subcontractors, agents, employees, sub-lessees, or
assigns, if any and their failure to comply with such safety rules and regulations.

Landlord shall give Tenant prompt notice in writing of the institution of any suit or
proceedings and permit Tenant to defend same, and will give all needed information, assistance,
and authority to enable Tenant to do so. Tenant shall similarly give Landlord immediate notice
of any suit or action filed or prompt notice of any claim arising pursuant to the terms of this
Lease Agreement and shall furnish immediately copies of all pertinent papers received by Tenant
related to Tenant's operations, use and occupancy of the Leased Premises.
 Tenant shall maintain a fire and extended coverage insurance policy covering any/all
improvements constructed on the Leased Premises by Tenant pursuant to the terms of this Lease
Agreement,

The insurance requirements required by this Section of this Lease Agreement may be
amended from time to time by the mutual written agreement of Landlord and Tenant.
Premises by Tenant for any purpose authorized by this Lease Agreement; (2) in the furnishing of
services thereof, no person shall be excluded from participation herein, denied the benefits of, or
otherwise be subject to discrimination on the grounds of race, creed, color, sex, age, disability or
national origin; and (3) no person shall be denied employment, promotion, or any other benefits
of employment on the grounds of race, creed color, sex, age, disability or national origin. To this
end, Tenant covenants and agrees to comply with all applicable federal, state and local rules,
executive orders and laws prohibiting discrimination against any person for any reason. Failure to
comply with any of the terms of this provision shall be cause for termination of this Lease
Agreement by Landlord. To the extent that the indemnity provision may be interpreted to apply
to matters agreed to in this provision, Landlord shall not defend, indemnity or otherwise be
accountable to Tenant for any action(s) taken by Tenant contrary to the provisions of this
Paragraph.

58. COUNTERPARTS. This Lease Agreement may be simultaneously executed in one

or more counterparts, each of which shall be an original and all of which shall constitute but one
in the same instrument.

59. CAPTIONS AND HEADINGS. The captions and headings throughout this Lease
Agreement are for convenience and reference only and the words contained therein shall in no
way be held or deemed to define, limit, describe, explain, modify, amplify or add to the
interpretation, construction or meaning of any provision of this Lease Agreement or the scope or
intent thereof, nor in atty--wavaffect the same.

60. DAYS/HOURS OF OPERATION: Tenant shall operate any approved use on a

ninimum schedule of six (6) days per week in compliance with all B-4 zoning regulations.
Approved HOURS OF OPERATION FOR MABEL'S
Sunday 11:00 am - 09:00 pm
Monday 11:00 am - 09:00 pm
Tuesday 11:00 am - 09:00 pm
Wednesday 11:00 am - 09:00 pm
Thursday 11:00 am - 02:00 am
Friday 11:00 am - 04:00 am
Saturday 11:00 am - 04:00 am

ENTIRE-AGREEMENT. Except for any Exhibit or Attachment as may be affixed

hereto, made a part hereof, and property identified herewith, this Lease Agreement constitutes
the entire agreement between the parties relative to the lease of the Leased Premises and shall not
be otherwise affected by any other purported undertaking, whether oral or written.

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