EXAMPLE OF GOOD NEIGHBOR AGREEMENT
All Good Neighbor Agreements are modified based on the specific project. This example shows some common general terms.

THIS AGREEMENT (this “Agreement”), executed as of this date between ABC Tenant, XYZ Owner, and GARDEN DISTRICT ASSOCIATION, a Louisiana non-profit corporation (the “Association”) who recite and agree as follows:

1. Conditional Use. Owner and Tenant have applied to the City of New Orleans for approval of Tenant’s proposed conditional use of Owner’s property designated as 123 Main Street, New Orleans (the “Property”) pursuant to New Orleans City Planning Commission Docket No. ####. The City of New Orleans has requested comment by the Association. The Association does not object to the proposed use of the Property based on Owner’s and Tenant’s commitments and undertakings set forth in this Agreement.

2. Use Defined. Tenant and Owner agree that Tenant’s use of the Property (the “Use”) shall be in a manner consistent with Tenant’s conditional use application and the conditional use permit issued by the City, additionally, consistent with each of the following covenants:

(a) Tenant will maintain the sidewalk area in front of the Tenant’s portion of the Property free of trash, debris and obstructions on a daily basis. Dumpster shall be appropriately placed and screened from public view.
(b) Tenant will not allow the operation of video poker or other wagering equipment on the Property.

(c) Tenant will operate a __________ (ex. restaurant, bar, retail store) on the Property as described in Exhibit A which was submitted at the time of this application
(attached to this Agreement as Exhibit A).
(d) Tenant agrees that no music will be audible outside of the building.

(e) Signage visible from the exterior of the building will not be back-lit or of a neon nature.
(f) Hours of operation will be limited to ___ on weekdays and ___ on weekends.

3. Terms. Owner and Tenant agree that they will comply with the conditional use permit they receive from the City of New Orleans. They further agree that the conditional use permit will not apply to any use inconsistent with the Use or any use by a party other than Tenant. Should Tenant’s occupancy of the Property cease, or should Tenant materially deviate from the Use of the Property, the conditional use will terminate. Tenant and Owner agree that the Association shall have authority immediately to enforce specific performance of this agreement and shall otherwise have all rights and remedies provided by law.

4. Notices. Any notice or demand which, by provision of this Agreement, is required or permitted to be given or served to Tenant/ Owner, respectively, shall be deemed to have been sufficiently given and served for all purposes if made to the following addresses or fax numbers:

GARDEN DISTRICT ASSOCIATION
P.O. Box 50836
New Orleans, Louisiana 70150-0836
Fax No.: (504) 894-8926
Telephone: (504) 525-7608

Notices shall be deemed to have been sufficiently given when actually received at the addresses or fax numbers listed above for the parties.

5. Miscellaneous Provisions. This Agreement may not be changed, waived, discharged or terminated other than by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. No course of dealing on the part of a party, its officers, employees, consultants or agents, nor any failure or delay by a party with respect to exercising any of its rights, powers or privileges under this Agreement shall operate as a waiver thereof. The rights and remedies under this Agreement shall be cumulative, and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy. This Agreement shall bind and, as applicable, inure to the benefit of the parties’ successors and assigns. This Agreement may be executed in two or more counterparts, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof; each counterpart shall be deemed an original, but all of which together shall constitute one and the same instrument.

6. Governing Law. This Agreement is a contract made under and shall be construed in accordance with and governed by the laws of the United States of America and the State of Louisiana.

IN WITNESS WHEREOF, Tenant, Owner and the Association have executed this
Agreement as of the date stated above.
ABC Tenant
By: __________________________
Mr. Smith
Title: ______________________ XYZ Owner
By: __________________________
Mr. Smith
Title: ______________________ GARDEN DISTRICT ASSOCIATION
By:__________________________

President

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