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SPECIFIC DIRECTIONS TO THE PROPERTY FROM UWNOTON:
PROPOSED USE:
❑ Multi-Family Dwelling No.Units: No.Bedrooms/Wit
O Business Sq.Ft Relad Space: Type: *Employees: Hours ol Operation:
❑ Daycare I Preschoolers: R Aaerschoobm: *Employees: Hours of Operation:
O Industry Sq.Ft Type: I Emp oysas: Hours of Operation:
❑ Church Sealing Capacity: *Bathrooms: Kitchen;
Accessory/ ditiwYONer(Size v 1 Use: Five Lilly Mt —MIN—
Water Supply:_County _Existing Well _New Well(I ofd elRngs using well ) 'MUST have operable water Wore Mal
Sewage Slpply:_New Soptic Tart(Canp/e a aftdiA50 _Existing Septic Tart(Complete ClMdas4 county Sewer
Comments: Their/ 4e.n4- Salt r* At axle- cirri voua 4'Wigo✓KS
If pent are granted I agree to conform to all ordinances and laws of the State of North Carolina regulating such work and the specifications of plans submitted.
I hereby state that foregoing statement are accurate and correct to the beat of my knovAedge. Parm6 subject to revocation if false Information Is provided.
62.1/17
lore of Owner or Owned,Agent Date
'TIB application maim 6 months from the WWI date If pewits have not been Issued'•
A RECORDED SURVEY MAP,RECORDED DEED(OR OFFER TO PURCHASE)AND PLAT ARE REQUIRED WHEN APPLYING FOR LAID USE APPIICATION
LEASE AGREEMENT
FUNDAMENTAL LEASE PROVISIONS
Lease Date: June 14 2017
Landlord: VP Spout Springs LLC,
A North Carolina limited liability company.
Address of Landlord: Post Office Box 843, Wilkesboro, NC 28697.
Tenant: American Promotional Events Inc East dba TNT Fireworks
Premises: A portion of VP Spout Springs property: Buffalo Lake Rd,
Spout Springs, NC. See Exhibit A attached hereto
(Yellow Highlight)
Permitted Use: The Display, Promotion, and Sale of Fireworks.
Lease Terms:
The Term shall be from June 15th to July 15th during the
Calendar Years: 2017, 2018, and 2019.
Rent:
2017: $750.00
2018: $750.00
2019: $750.00
Lease Agreement
2017
THIS LEASE entered into this the 19 day of June , 2019{by and between
VP Spout Springs,LLC a North Carolina limited liability company, hereinafter referred to as
"Lessor',and American Promotional Events Inc. East dba TNT Fireworks, hereinafter referred to
as "Lessee";
WITNESSETH:
WHEREAS, Lessor is the owner of certain property, known as Outparcel#1 at Rockfish
Commons and situated on Rockfish Road, Hope Mills, North Carolina,and more particularly
described on Exhibit "A" attached hereto and made a part hereof("Shopping Center"):and
WHEREAS, it is the desire of the Lessor to rent the portion of the described property more fully
described on the site plan attached hereto.
NOW THEREFORE, it is agreed by and between the parties as follows:
1. Premises
That the Lessor does hereby lease to the Lessee that portion of the property generally
located as shown on the attached Exhibit "A"("The Premises").
2. Rent
During the term of the Lease, Lessee shall pay to Lessor the following rent:
2017: $750.00
2018: $750.00
2019: $750.00
Rent shall commence on the execution of this Lease. Lessee shall prepay 2017 rents in
the amount of$750.00 at the execution of this Lease. Lessee shall pay rents for each
consecutive calendar year in the amount of$750 by May 15th each year,e.g., by May 15, 2018
for the 2018 rent.
3. Term
The Term of this Lease is for a period of Four(4)periods,according to the Fundamental
Lease Provisions attached hereto,and shall commence on the execution of this Lease,
and shall expire at 11:59 p.m.July 15th,2019. Lessee shall have the right to renew this
lease for an additional four(4) periods of like duration upon 6 month written notice to
Landlord (i.e.,on or before January 15,2019), provided(i)The Lot has not been sold,
or(ii)This Lease has not been terminated subject to Section 8. If Lessee so chooses to
renew this Lease;the Lease will be renewed upon the same terms and conditions as this
lease. IF LESSEE IS UNABLE TO OBTAIN AN OPERATOR FOR THE LOCATION, LESSEE
MAY ELECT NOT TO OPERATE ON THE PREMISES BUT, IF LESSEE PAYS THE RENT
REQUIRED,THE LEASE AGREEMENT WILL REMAIN IN FORCE
4. PREMISES MODIFICATION
Lessor hereby grants to the Lessee the right to place One(1)Fireworks Tent, hereafter
called "Tent." Placement of Tent,shall be in accordance with Exhibit"B". The Tent shall
not become part of the realty but shall at all times remain the personal property of the
Lessee and may be removed at any time by Lessee and shall not be subject to any claim
of lien whatsoever by Lessor. Lessee shall have no rights to extend Lessor's power or
utilities of any kind to Leased Premises, but Lessee shall have the right to utilize portable
power generators/light towers for the Tent,at Lessee's risk and expense. Lessee shall
have rights to display on Tent and leased area only,signage and advertisements,as long
as all signage and advertisements adhere to and meet any and all applicable rules,
codes,and any and all applicable permits pertaining to said signage has first been
obtained.
The Lessee further agrees that at the end of period of use during the Term,
Lessee shall promptly remove the Tent and shall restore the Premises to the condition
and order which they were at the beginning of period of use,ordinary wear and tear
excepted.The Lessee acknowledges that Landlord has made no representation to
perform any work to or around the Premises in order to secure this Lease,and that
Lessee shall keep Premises in good condition and free from trash,refuse,or waste.
Lessee shall promptly upon notice take immediate care to dispose of any trash, refuse
or waste at Premises.
5. LIABILITY INSURANCE
Lessee shall provide and keep in force,for the protection of the general public and
Lessor,with Lessor to be included as a named insured,the following liability insurance
coverages: (A)Against claims for bodily injuries or death to any one person upon or near
the Premises,to the extent of not less than$500,000; (B)Against claims for bodily
injuries or death to any number of persons arising out of one accident or disaster,
occurring upon or near the above described areas,to the extent not less than
$1,000,000.00; (C)Against property damage with limits of not less than$100,000.00.
Insurance may be provided under a comprehensive liability insurance policy maintained
by Lessee covering all of its business locations and meeting the required single limit
amount of coverage specified.
6. PROTECTION OF LESSOR
(A) Lessee shall Indemnify and save harmless Lessor from and against all liability,
damage, penalties or judgment arising from injury to person or persons or property
sustained by any person on the Premises or in any way resulting from use of the
Tent at the Premises unless resulting from Lessor's sole negligence. The Lessee shall
at its own costs and expense,defend any and all suits or actions which maybe
brought against Lessor or in which Lessor may be impleaded with others upon any
such aforementioned matter or claim except as may result from the acts set forth in
subparagraph(B)of this paragraph 6.
(B) Except for its affirmative acts of gross negligence of its officers,agents,employees or
contractors, Lessor shall not be responsible or liable for any damage or injury to any
property,fixtures,or other improvements or to any person or persons at any time
on the Premises, including any damage or injury to Lessee or to any of Lessee's
officers,agents,employees,contracts,customers,or sublessees.
7. ASSIGNMENT AND SUBLETTING.
Lessee shall have no rights to assign this lease or sublet any part of the Premises,or
otherwise transfer any right or interest hereunder,except that Lessee,at its sole
discrection, may allow a third party under Lessee's control to operate the fireworks
sales location at the Premises.
8. LESSOR'S RIGHT TO TERMINATE
Lessor, upon THIRTY(30)days written notice, may terminate this lease for any cause
provided such termination may not occur between May 30 and July 15 of any year
during the Term.
9. LESSEE'S RIGHT TO TERMINATE
Lessee may terminate this agreement by providing written notice between March 1st
and April 3051 of each calendar year.
10. NOTICES AND REPORTS
Any notice, report,statement,approval,consent, designation,demand or request to be
given, by a party under the provisions of this lease shall be effective only when made in
writing and sent by United States Certified or Registered Mail, postage prepaid,to the
other party at the applicable address set forth below:
Landlord:
VP Spout Springs,LLC
P.O. Box 843
Wilkesboro, NC 28697
Tenant:
American Promotional Events Inc. East
dba TNT Fireworks
4511 Helton Dr.
Florence AL,35360
Attn: Director,Stand and Tent Division--NC
11. PERMITS
It is agreed that this lease is subject to the Lessee obtaining,at Lessee's expense,
necessary permits and licenses from any and all appropriate governmental authorities
for the placement of its Tent and to advertise and operate its business. IF LESSEE FAILS
TO SECURE LOCAL AND STATE LICENSES FOR SUCH LOCATION, LESSEE SHALL HAVE THE
RIGHT TO TERMINATE THIS LEASE AT ANY TIME.
12. CONSTRUCTION OF LEASE
This lease shall be construed according to the laws of the State of North Carolina, In the
absence of specific provisions to the contrary,the party upon whom an obligation is
imposed by this lease shall perform the obligation at its own expense. Paragraph
headings relating to the contents of particular paragraphs are inserted only for the
purpose of convenience and are not to be construed as parts of the particular
paragraphs to which they refer. The failure of the Lessor to insist upon strict
performance of any of the covenantor conditions of this lease or to exercise any option
herein conferred in any one or more instances shall not be construed as a waiver or
relinquishment of any such covenants,conditions or options,but the same shall remain
in full force and effect.
If any term,covenantor condition of this lease or the application thereof to any
person or circumstance shall,to any extent, be Invalid or unenforceable,the remaining
terms,covenants and conditions shall not be affected thereby and each term,covenant
or condition of this lease shall be valid and be enforced to the fullest extent permitted
by law.
13. IDENTITY OF INTEREST
The execution of this lease or the performance of any act pursuant to the provisions
thereof shall not be deemed or construed to have the effect of creating between Lessor
and Lessee the relationship of principal or agent or partnership or of Joint venture and
the relationship between them shall be that only of Lessor and Lessee.
14. MISCELLANEOUS
This lease contains all of the agreements and conditions made between the parties
hereto may not be modified orally,or in any other manner other than by an agreement,
in writing,signed by the parties hereto or their respective successors in interest.
Lessor and Lessee,respectively,warrants to the other party that the person whose
signature appears hereon for such party is duly authorized and empowered to execute
this lease agreement and thereby bind such party to the terms and conditions hereof.
15. PEDESTRIAN AND VEHICULAR TRAFFIC
Lessee shall at no time interfere with or impede such pedestrian or vehicular traffic in
the shopping center.
16. COMPLIANCE WITH LAWS
Lessee,at its sole cost and expense, shall comply with (a)all federal, state,county,
municipal and other governmental statutes, laws,ruled,orders, regulations and
ordinance affecting Premises,or any part thereof,and(b)all laws and regulations
regarding any toxic, ignitable, reactive or corrosive substances regulated by any state,
local or federal governmental entity including,without limitation, asbestos,PCB's and
petroleum. Lessee shall not cause or permit any hazardous substances to be used,
stored,generated or disposed of on or in the Premises by any person or entity,and
Lessee shall indemnify and hold harmless Lessor from any and all claims, damages, fines,
judgments, penalties,costs liability or losses whatsoever resulting from any such use,
storage,generation or disposal. Lessor warrants and represents that to the best of
Lessor's knowledge any use,storage,treatment or transportation of Hazardous
materials that has occurred in or on the Premises prior to the date hereof has been in
compliance with all applicable federal,state and local laws, regulations and ordinances.
Lessor additionally warrants and represents that to the best of Lessor's knowledge no
release,leak,discharge,spill,disposal,or emission of Hazardous materials has occurred
in,on,or under the Premises,and that the Premises are free of Hazardous Materials as
of the date hereof.
17. EXCLUSIVITY:
Lessor represents and warrants that there is no agreement presently in place that would
permit any third party to promote,advertise or sell consumer fireworks from any
location on the Shopping Center. Notwithstanding anything previous, nothing in this
section shall abridge, constrain, or infringe on Food Lion's rights as Tenant in any way,
nor will Food Lion exercising any right violate this exclusivity clause in any way.
IN TESTIMONY WHEREOF,this lease has been duly executed by the parties hereto,
intending to be legally bound thereby, under seal, as of this day and year first above
written.
LESSOR:
VP Spout Spri z, C
BY: EAL)
Martin D. Koon, Member
LESSEE:
American Promotional Events Inc. East dba TNT
Fireworks
BY: at P zc4Ytten - (SEAL)
Billy Blackmon, Regional Manager