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MERAUX REFINERY

MURPHY P. O. BOX 100


MERAUX LA 70075-0100
Oil USA r INC.

December 16, 2009

f\1ary Chimento
Assistant Director
Office of Community Development
St. Bernard Parish Government
8201 W. Judge Perez Drive
.Chalmette, LA 70043

RE: 2500,2504 & 2508 Despaux

Dear Ms. Chimento:

Murphy Oil, USA, Inc., has agreed to sell the above listed properties to
JTP Enterprises, LlC. The sale is conditioned upon the purchaser's ability to have
the property re-zoned to C-1. Accordingly, JTP Enterprises, llC is granted the
authority to make the re-zoning request regarding the above listed properties .
.,
Should you require any other additional information, please contact the
undersigned.

Sincerely,

~~
Bratley Cooper

BCjbg

MURPHY
(504) 271-4141
USA. FAX (504) 278-5201
JTP ENTERPRISES, LLC / MURPHY OIL, USA, INC.
AGREEMENT TO PURCHASE

Chalmette, Louisiana, December ih, 2009.

We offer and agree to purchase 2500 Despaux, Chalmette, LA on grounds

measuring as per title.

Propeliy sold and purchased subject to all title and zoning restrictions on record
or by laws or ordinances for the sum ofTEN THOUSAND AND NO/l OOTHS
($10,000.00) DOLLARS.

This sale is conditioned upon the Purchaser's ability to have the property re-zoned
from residential (R-l) to commercial (C-l) by the St. Bernard Parish Governing
authority. Should purchaser be unable to obtain the re-zoning stipulated above on or
prior to 3/1/2010 , all parties to this Agreement to Purchase of
sell Will Execute a written cancellation evidencing mutual consent to cancel same.

Occupancy/Possession at Act of Sale. All improvements liens and assessments of


any kind recorded against this property as of the date of Act of Sale, if any, to be paid by
Seller. Real estate taxes and rentals, if any, to be prorated to the date of Act of Sale. All
costs and fees for necessary certificates and Seller's closing costs to be paid by Seller.
Cost of survey and Purchaser's certificates to be paid by Purchaser.

CONDITION OF PROPERTY:

a.) General Provisions and Obligations of Parties: It shall be the responsibility of


Purchaser, at Purchaser's expense, to satisfY himseWherselfthat all conditions
of this contract are satisfied before closing. After closing, all conditions of the
property, as well as any aforementioned items and systems, are the
responsibility of Purchaser and shall be deemed purchased AS_IS.
b.) Environmental Matters: Purchaser is advised that the presence of wetlands,
toxic substances, including asbestos and wastes or other environmental
hazards may affect Purchaser's intended use of the Property.

Act of Sale to be passed on or before _ 3/15/2010 or at any time prior to that


date by mutual consent of the parties. In the event curative work in connection with the
title is required, the parties herewith agree to and do extended the time for passing the
Act of Sale by (60) days.

~~-- ---~~ - --------------


Upon acceptance of this offer, Seller and Purchas¢r shall be bound by all its ten11S
and conditions and Purchaser becomes obligated to deposit with Seller, no later than
twenty four (24) hours from acceptance, $500.00~ cash and failure to do so
shall not void this agreement but shall be considered as aibreach thereof and Seller shall
have the right, at his option to demand liquidated damages equal to the amount of the
deposit. The deposit shall be non-refundable in the event !Purchaser does not execute the
Act of Sale within the time specified, except for the reasons set forth herein.

Seller shall dehver to Purchaser a merchantable title, and his inability to deliver
such title within the time stipulated herein shall render this contract null and void,
reserving unto Purchaser the light to demand the return of the deposit from the holder
thereof, and to recover actual costs incurred in processing of sale.

In the event Seller fails to comply with this Agree!ment for any other reason
within the time specified, Purchaser shall have the right either10 demand the return of his
deposit in full plus and equal amount to be paid by Seller: or Purchaser may demand
specific performance, at his option. In the event Purchaser fails to comply with this
Agreement within the time Specified, Seller shall have tHe right to declare the deposit,
ipso facto, beyond tender of title to Purchaser within the time specified.

The Purchaser may not assign this Agreement to any person, firm, corporation or
entity, which Purchaser deems appropriate at any time prior to the Act of Sale.

Either party hereto who fails, for any reason whatsoever, to comply with the ten11S
of this offer, if accepted, is obligated and agrees to pay reasonable attorney's fees and
costs incUlTed by the other party in enforcing their respective rights.

This offer remains binding and irrevocable through 12/15/2009

OFFERED: ACCEPTED:

/IlOU5ft
__
~ ~,1-
~~LL~ )y jJJ:@j2Z;i--
JTP ENTERPRISES, LLC / MURPHY[ OIL, USA, INC.
AGREEMENT TO PURCHASE

Chalmette, Louisiana, December ,2009.

We otfer and agree to purchase 2504 Despau~, Ohalmette. LA on grounds

measuring as per title.

Property sold and purchased subject to all title anqJzoning restIictions on record
or by laws or ordinances for the sum ofTEN THOUSAND AND NOll OOTHS
($10.000.00) DOLLARS.

This sale is conditioned upon the Purchaser's abinty to have the propeliy re-zoned
£i'om residential (R-l) to commercial (C-1) by the S1. Bernard Parish Governing
authority. Should purchaser be unable to obtain the re-zo:ning stipulated above on or
plioI' to 3/1/2010 , all parties tolthis Agreement to Purchase or
sell Will Execute a written cancellation evidencing mutual consent to cancel same.

Occupancy/Possession at Act of Sale. All improv~ments liens and assessments of


any kind recorded against this property as of the date of Act of Sale, if any, to be paid by
Seller. Real estate taxes and rentals, if any, to be prorate&to the date of Act of Sale. All
costs and fees for necessary certificates and Seller's closi1llgcosts to be paid by Seller.
Cost of survey and Purchaser's certificates to be paid by Purchaser.

CONDITION OF PROPERTY:

a.) General Provisions and Obligations of Parties:. It shall be the responsibility of


Purchaser, at Purchaser's expense, to satisfY hjmself/herself that all conditions
ofthis contract are satisfied before closing. After closing, all conditions of the
property, as well as any aforementioned items and systems, are the
responsibility of Purchaser and shall be deemed purchased ASJS.
b.) Environmental Matters: Purchaser is advised that the presence of wetlands,
toxic substances, including asbestos and wastes or other environmental
hazards may affect Purchaser's intended use of the Property.

Act of Sale to be passed on or before _ 3/15/201 O->-----.orat any time prior to that
date by mutual consent of the parties. In the event curativ¢ work in connection with the
title is required, the parties herewith agree to and do extended the time for passing the
Act of Sale by (60) days.
Upon acceptance of this ofTer, Seller and Purchase.' shan be bound by all its terms
and conditions and Purchaser becomes obligated to deposit with Seller, no later than
twenty four (24) hours from acceptance, $500.00 cash and failure to do so
shall not void this agreement but shall be considered as a lPreach thereof and Seller shall
have the light, at his option to demand liquidated damage$ equ;al to the amount of the
deposit. The deposit shall be non-refundable in the event Jj>urchaserdoes not execute the
Act of Sale within the time specified, except for the reaso~s set forth herein.

Seller shall deliver to Purchaser a merchantable tit~e, and his inability to dehver
such title within the time stipulated herein shall render this contract null and void,
reserving unto Purchaser the right to demand the return ot!the deposit from the holder
thereof, and to recover actual costs incurred in processing;of sale.

In the event Seller fails to comply with this Agreement for any other reason
within the time specified, Purchaser shall have the right either to demand the retum of his
deposit in full plus and equal amount to be paid by Seller 'or Purchaser may demand
specific perfomlance, at his option. In the event Purchaset fails to comply with this
Agreement within the time Specified, Seller shall have th¢ right to declare the deposit,
ipso facto, beyond tender of title to Purchaser within the t.me specified.

The Purchaser may not assign this Agreement to any person, firm, corporation or
entity, which Purchaser deems appropriate at any time prior to the Act of Sale.

Either party hereto who fails, for any reason whatsoever, to comply with the terms
of this offer, if accepted, is obligated and agrees to pay reasonable attomey's fees and
costs incurred by the other party in enforcing their respective rights.

This offer remains binding and irrevocable through 12/15/2009

OFFERED: ACCEPTED:

j) 1!!l~

f--------~------
JTP ENTERPRISES, LLC / MURPHY OIL, USA, INC.
AGREEMENT TO PURCHASE

Chalmette, Louisiana, Decemberli'\ 2009.

We offer and agree to purchase _2508 Despaljlx, Chalmette, LA on grounds

measuring as per title.

Propeliy sold and purchased subject to all title anld zoning restrictions on record
or by laws or ordinances for the sum ofTEN THOUSAND AND NO/lOOTHS
($]0,000.00) DOLLARS.

This sale is conditioned upon the Purchaser's ability to have the property re-zoned
from residential (R-l) to commercial (C-I) by the St. Bernard Parish Governing
auth01ity. Should purchaser be unable to obtain the re-zoning stipulated above on or
prior to 3/1/2010 , all parties to'this Agreement to Purchase or
sell Will Execute a written cancellation evidencing mutual consent to cancel same.

Occupancy/Possession at Act of Sale. All improvements liens and assessments of


any kind recorded against this property as of the date of Act of Sale, if any, to be paid by
Seller. Real estate taxes and rentals, if any, to be prorated to the date of Act of Sale. All
costs and fees for necessary celiificates and Seller's closing costs to be paid by Seller.
Cost of survey and Purchaser's certificates to be paid by !Purchaser.

CONDITION OF PROPERTY:

a.) General Provisions and Obligations of Parties': It shall be the responsibility of


Purchaser, at Purchaser's expense, to satisfY liimself/herselfthat all conditions
of this contract are satisfied before closing. After closing, all conditions ofthe
property, as well as any aforementioned items and systems, are the
responsibility of Purchaser and shal1 be deem~d purchased AS_IS.
b.) Environmental Matters: Purchaser is advised that the presence of wetlands,
toxic substances, including asbestos and wast~s or other environmental
hazards may affect Purchaser's intended use of the Property.

Act of Sale to be passed on or before _ 3/15/2010; or at any time prior to that


date by mutual consent of the p31iies. In the event curative work in connection with the
title is required, the parties herewith agree to and do extended the time for passing the
Act of Sale by (60) days.
Upon acceptance of this offer, Seller and Purcha~er shall be bound by all its terms
and conditions and Purchaser becomes obligated to depdsit with Seller, no later than
twenty four (24) hours ii-om acceptance, $500.00 ----+---,- cash and failure to do so
shall not void this agreement but shall be considered as ~ breach thereof and Seller shall
have the right, at his option to demand liquidated damag~s equal to the amount of the
deposit. The deposit shall be non-refundable in the event; Purchaser does not execute the
Act of Sale within the time specified, except for the reas~ns set f01ih herein.

Seller shall deliver to Purchaser a merchantable title, and his inability to deliver
such title within the time stipulated herein shall render tHis contract null and void,
reserving unto Purchaser the right to demand the retum dfthedeposit from the holder
thereot~ and to recover actual costs incurred in processing of sale.

In the event Seller fails to comply with this Agreement for any other reason
within the time specified, Purchaser shall have the right either to demand the retum of his
deposit in full plus and equal amount to be paid by Selld or Purchaser may demand
specific performance, at his option. In the event Purchas¢r fails to comply with this
Agreement within the time Specified, Seller shall have the right to declare the deposit,
ipso facto, beyond tender of title to Purchaser within the time specified.

The Purchaser may not assign this Agreement to any person, firm, corporation or
entity, which Purchaser deems appropriate at any time pnior to the Act of Sale.

Either party hereto who fails, for any reason whatsoever, to comply with the terms
of this offer, if accepted, is obligated and agrees to pay r~asonable attomey's fees and
costs incurred by the other party in enforcing their respective rights.

This offer remains binding and irrevocable through 12/15/2009

OFFERED: ACCEPTED:

j11!Jv5/7

c;rrlj~
Cfffr1~~. LLc' Jf2lAil#-~
278-4308 278-4458(Fax)
MEMORANDUM

TO:

FROM:
ROXANNE ADAMS

CLERK OF COUNCIL

JERRY V. GRAVES,
DIRECTOR, J~
0 .P(
COMMUNIT~LOPMENT

RE: AGENDA ITEM FOR COUNCIL MEETING FOR INTRODUCTION

DATE: MARCH 8, 2010

The Planning Commission has scheduled a public hearing on Tuesday, February 23, 2010 at 4:00 p. m. for the
following item:

DOCKET 5-10: PETITION OF MURPHY OIL USA, INC .., BEING REPRESENTED BY JEFFREY POHLMANN
FOR A ZONING CHANGE FROM "R-1, (SINGLE FAMILY RESIDENTIAL)" TO "C-1, (NEIGHBORHOOD
COMMERCIAL)" .

THREE CERTAIN LOT OF GROUND, SITUATED IN THE PARISH OF ST. BERNARD, STATE OF LOUISIANA, IN
DESPAUX SUBDIVISION, LOTS 68, 70 AND 72.
.. ... - .. .

SAID LOTS 68, 70 AND 72 EACH MEASURES 70 FEET FRONT ON DESPAUX DRIVE, THE SAME WIDTH IN
THE REAR, BY A DEPTH OF 71.44 FEET, BETWEEN EQUAL AND PARALLEL LINES.

FORMER MUNICIPAL ADDRESSES WERE 2500, 2504, 2508 DESPAUX DRIVE.

APPROVED FOR COUNCiL AGENDA:

DATE _

CRAIG P. TAFFARO, JR.


PRESIDENT
JVG:MDC
Attach ments:
ZONING ORDINANCE AMENDMENT APPLICA'llUN
CONDITIONAL USE AND ZONING CHANGE
MUST BE FILLED OUT IN TRIPLICATE

MAP CHANGE

Petition for amendment of Comprehensive Zoning Ordinance for the Parish of St. Bernard, Louisiana.

Petition No. S- l\) Date filed ~Owith


(number to be added by Parish Planning Commission)
Parish Planning Commission.

TO THE ST. BERNARD PARISH GOVERNMENT:

Gentlemen:

We, the undersigned owners of 50 percent or more of all land described below and delineated on
attached maps, request that the zoning classification of our property be changed from
_______________ to _
(Existing Classification) (Proposed Classification)

1. Location (address) and description of property (from property titles) petitioned for change of
zoning classification:

r~S-tOo
,;2£0 tt (' (
;) s- tJ cf

NOTE:ATIACH THIRTY (30) COPIES OF SURVEY, DRAWN AT A SCALE NO SMALLER


THAN 1" = 100' SHOWING THE Lo.CATION, Jv.1EASURBMENTSAND OWNERSHJP OF ALL
PROPERTY PROPOSED FOR A CHA.NGE IN ZONING CLASSIFICATION
Page 1 of 3
. ' MAP CHANGE - SUB:MIT IN TRIPLICATE
DESCRIPTION OF PROPERTY OF PROPOSED ZONING CHANGE

Subdivision Lot No. Square No. _


(not house number)
Boundaries _

==============================================================
(Do not write above this line)

IN DETAIL, GIVE REASON FOR THIS REQUEST FOR A ZONING CHANGE ON THE
SPACE PROVIDED BELOW:

7 0" tfL{2Cc)/??~dJ~ 8l-vrctJ'0 ~ v 6dul~'


Pgt< If ".~-L

. '., ..,:-,. ...:--:-_--

Page 2 of 3
NAME, ADDRESS, TELEPHONE NUMBER AND SIGNATURE OF PETITIONERS (OWNER(S))
2500 Despaux Dr.
Chalmette, LA 70043

PHONE NO. ----------


SIGNATURE
PHONE NO. (5~~4~ A ( SIGNATURE _

2504 Despallx Dr
Chalmette, rIA 70043

PHONE NO. ----------


SIGNATURE ~~ SIGNATURE _
PHONENO.~~
2508 Despallx Dr.
Chalmette, LA 70043

PHONE NO. ~ _
SIGNATURE
PHONE NO. ~-~ A
Murphy Oil USA
Z SIGNATURE _

1615 East Judge Perez Dr.


Chalmette, LA 70043

________________ STATE OF LOUISIANA


PARISH OF ST. BERNARD

BEFORE ME, the undersigned authority, personally appeared the persons whose signatures are affiXed
above, all of the full age of majority who declared under oath to me, Notary, that they are the owners of all
that certain lot, piece or parcel of land located as set forth beside their respective signatures, and that they
know of their own personal knowledge that the above petitioners are the owners of at least fifty (50)
percent of the area hereinabove described for which a zoning change is requested, and that their signatures
were executed freely and voluntarily and that they are duly qualified to sign.
2010
Sworn to and Subscribed Before Me this _2_8 day of January

Page 3 of 3 rev.5/06

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