Document QJGpzNmx37Y78wKMgJxxrQJo4

S0UTHB2QT ALKALI GORPORATIOh T-*rg CHARLES, LA. P0, Box 900 May 2* 1947 Mr* 0. D. Clark Deputy Regional Director Hmr Assets Administration 7020 franklin Avenue New Orleans* La* Saar Nr* Clarki Paragraph too of tha Agrecaont of Lease between tho Rsean" gtnwtin JiMMt Corporation and tho Bouthsrn Alkali Corporation ocnecrnlng Plaaoor 284 provides that Southern shall soloot trm tho unloosed psrtlOB of tho nagnealua plant items of nsnhlnsry and equip" iMot aggregating in present Tains not in exeess of $197*700*00* It further prorldoa that Southern shall hare SO days subsequent to oxs* euticn of the lease agreaneat to designate sueh ltans* She lease was signod on March 22* 194S* and on April 18* 1940* an Exhibit 0 list was suhaittod* Southern thus haring fulfilled their part of tho oontraot* It subsequently developed that many itnas listed on tho original Inhibit C were unavailable to Southorn duo for tho most part to prior sale by the geveraneat* In consequence* a now Exhibit Q list has had to bo prepared* Xt is sntltlod Exhibit 0* is dated May 1* 1947* and is attaohad hereto This now Nshiblt 0 Is for tho most part Identical to tho old one* Additions, hare boon node to replace those Items which had to bo do* leted* and those additions hare bean prised by tho sane formula orig inally eapleyed* Tho present value of the new Exhibit C Is $197*098*27* By your approval of Exhibit C* dated May 1* 1947* in tho peso prorlded below* this exhibit shall beoane final and unalterable and shall beecns a part of tha Agreement of lease of March 22* 1946* Very alneerely yours* socTBStar alkali corpokatioi C. D. Clark Deputy Rogional Director War Asacts Administration | BB 0003263 | is EKPtr ram to RHO-PD my 2. 1947 Southern Alkali Corporation P. 0. Box 900 Inks Charles* Louisiana Attentions *% 8. d. Hultman Sibjsett Surplus Construction Material (also taM as "Kellogg" Material) on lmi4 Area Planner 284 By ymtr latter ef April 11* 1947. signed by Hr. Robert L. flssrttlnil, w mere notified that your corporation considers that under the iersensnt of leese* dated 22 Nkreh 1948* the surplus oonstrnotion arterial leeated on the leased area is severed by the tones of the lease and that yea do net export to beep accountability nor make paynert specifically for this arterial to Iter Assets Administration* It Is your hellef that the rental payments under the lease oorer the pay ment end use of this material. this office has studied this pert ef the lease end has socured an opinion tr*a ear Regional Counsel on this natter and it la non determined that the surplus construction material referred to is eov red by the lease and that aeeountability and payment of such by you other then by the terms of the lease Is not required* Our letter ef dune 28* 1948* re "Lease Pioneer 264,'* Pernorly fcthlesoa Alkali Works* Inc*. lake Charles. Louisiana*. on Page 4* made spealfle exeeptlen ef this oenstruetlen material identi fying it as "Isllegg Contrast fcterlal*. Ota Page S of the acme lettm ve mads prevision far excepted materiel to be brought under the tens ef the leeee agreement at a later date* By this letter* ue ere exer cising this proviso and bring under the terms ef the lease agreement this referenced material which urns leeated an the leased area accord ing to gevenmant records as ef the date of the lease* Tory truly yours. RLBmb C. D. CLARK Deputy Regional Director Office of Real Property Disposal | BB 0003264 | THIS AGR3E]ftEJT, made and ant red into by and between The Kansas City Southern hallway Company and the Texas and New Orleans fiailroad Company, hereinafter Jointly and severally re ferred to aa "First Party", and the Southern Alkali Corporation hereinafter referred to aa "Seoond Party", III !: WHEREAS, The Seoond Party desires to install a track soale and a double end scale trade 600 feet in length on prop erty owned Jointly by the parties comprising First Party near West Lake, Louisiana, and to conneot with traok owned jointly by Firat Party at Engineer1* Stations 116*10 and 122*10, and to xt nd in a north and south dlreotlon generally parallel with and 15 f et from the center line of said traok, as indicated by red line on map attached and made a part hereof, and WHEREAS, the First Party Is willing to grant the Seoond Party the right to construct and thereafter maintain said scale and said traok on the property of First Perty,snd as First Party is willing to operate its engines and cars upon, over and along said traok and over said soalee for the purpose of weighing oars the parties hereto enter into the following agreement. ARTICLJ X. Seoond Party will furnish all material and labor for and will oonatruot said traok and install said soals in aooordanoe with First Party*a standard apeoifioations and in a manner satisfactory to ths Chief Engineers of First Party. The Seoond Party will thereafter own said soale and said traok. ARTICLE XX. (a) Ths Seoond Party shall bear the expense of keeping the said traok in good condition safe for the operation of engines, trains and oars thereon. A The Second Party agrees to pay promptly \jpon presentation thereof, any and all bills of tha First Party for the coat of maintaining the said traok In good serviceable condi tion. Payment of any suoh bills by the Seoond Party shall not | BB 0003265 1 effect or change \..*e ownership of th track ab defined elsewhere her in. (b) If In the Judgment of First Party It b cones necessary to Increase the weight of rail In said track or to reinforce or strengthen said scales. Second Party will bear the entire expense of such change* ARTICLE in* (a) It is understood and agreed that Second Party will maintain the track scales in good condition with its own forces and at its expense, and First Party will not operate over the same except for the purpose of weighing cars* (b) Second Party will furnish a qualified employe to serve as welghmaster* ASTICIE IV. The Second Party agrees to Indemnify and hold harmless the First Party for loss, damage or Injury, from any act or omission of the Second Party, its employes or agents, to the person or prop rty of the parties hereto and their employes, and to the person or prop erty of any other person or corporation while on or about said track- and scale during Installation and operation thereof, and if any claim or liability shall arise from the Joint or concurring negligence of both parties hereto, It shall be borne by them equally* ARTICLE V. This contract shall be binding upon, and inure to the benefit of, any successor corporation of Second Party or any assignee of Second Party's chemical plant near West Lake, Louisiana, to which the subject track scale will be appurtenant, as the case nay be. This contract may be assigned to any wholly owned subsidiary corporation of the Second Party, provided that any such assignee assume all of the obligations of th assignor, and that the assignor, despite such assignment, be and r - main liable under this contract. Except as in this Article expressly provided, this agreement shall not be assignable. ARTICLE VI. The right and privilege herein granted shall extend for a term of four (4) years and nine (9) months, and thereafter subject to termi nation at any time by the giving of ninety (90) days' written notice by either party to the oth r. Upon the termination of this agreement,Second i_BB03266~7 "arty shall, at its expense, remove such trade and soale from the property of first Party and restore said property to the same condition as at present. IN TESTIMONY WHEREOF, the parties hereto have executed this agreement in triplicate, on this the j - day of A. D. 104j___. ~y/y y/v. p i Gene ra 1 Jianage APPROVED AS TO FORK: General Counsel - T&NO R.R. Co. APPROVE) AS TO FORK: TEXAS AND NSW.^IlJfflANS RAILROAD CaTANY ^ ,, / v-/ ( ^ Lxt.uMtVioe President n i4iuvay company KANSAS CITY SOUTHS By 7 k>cj- SOUTHERN ALKALI CORPORATION K. C. 3. Ry, Co. ^ > o' 7- U\ \ r =7 - iy>' zfV