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LAND USE Initial Application Date: O U.I ICf‹ Applcabon I ` ?Ort-P—ftAt DRB* CU* COMMERCIAL COUNTY OF HARNETT LAND USE APPUCATION Gros Pmt,g (Pliys1Yl lnl E Fran&n.t not NC IF548 (Maling)Po Saxe Maori PC 21548 Poe:(9101000-7525 q1/2 Fac1910)W;103 www.mnwtmpganrrw LANDOWNERS/P �bl*F ¶Xitty LL( Mating Address: City: State:State: Zip Contact 6 Email: APPLICANT`:TMT F ivt.W.zkc Mailing Address: PUBoT(47 City Hee nI4U4 stem:All. np:O834contacte336a\3agc3 Emelt BcfcacraratiLice •insimelrOulapplibint ldonnetion a defame thin lerrdcwr*r ^ COM g comma NAME APPLYING W OFFICErThy3ar VOF.dt.t Phone 15% )1.l 2 3c PROPERTY LOCATION:Subdivision: Lot l: Lot Slze•Ci.C�}-r� Stam Roads I66S State Road Name:B.aro La kn Ret p. /Map Book&Pa��110 y & /'- Parcel:( h �,_`�1 S 1 t� I--t..bCO 1O PIN: rl rl�n—� O L��� 1 'C7 K , 2onIRP. ' ked Zone: '/ Watershed: Deed BookSPagr �� I Power Company: New structures with Progress Energy as service provider need to supply premise number (mm Progress Energy. 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