HomeMy WebLinkAboutNR Conditional Use Permit & Lease Agreement (1.14.2012)Non-Residential Conditional Use Permit
Planning Department
108 E. Front Street
P.O. Box 65, Lillington, NC 2754q
Phone: (910) 893-7525 Fax: (910) 893-2793
Applicant Information
Owner of Record:
Name: Jonathan Turner
Address: 485 Green Links Drive
City/State/Zip: Cameron, NC 28326
E-mail: jonathan.turner7@us.army.mil
Phone: 919.714.1438
Total Fee: -------------------------------Receipt: ____________________________ __
Permit:
----------~------------------Date: January 14, 2013
Case#: ---------------------------------
Applicant:
Name: Nick Robert Eidemiller (Indemnify LLC)
Address: 439 Westwood Shopping Center
#375
City/State/Zip: Fayetteville, NC 28314
E-mail: nick.eidemiller@us.army. mil
Phone: 805.610.8870
Property Description
PIN(s): Acreage: \/ u,. acres
Address/SR No.: 4-~S' C R.i.E.W \..\W\<.) t:>~Na, C..AM£.\t.o\ool, NC.. "2.. "'~'2-Cc
Directions from Lillington: t=ow\.oO\oJ tJ C.A~O\..\"-lf'!\ 1,; w \\. ') M\'-E.'> &.t..G..E. N
C. r.\Q.Q\.o\~P\ ~'TN Fo"-\ .1.. M\\..6~ '-~~ ON j'J\\I.."TO,._, WE.\...(.. I-' t\J) \..E.~ ol-1 ~OtJb ~oS.~. (L\4 wr o~ Powt:~>Q\"\.OS.~ -rA.A\'-1 C\.\C..\4"\" 0,... I(=<!>~ G..\046 0«0>, C.OW"T\~@0; \ . .U.JTU,. t\.~. ~<S.<.oi,Y\C.~ G..\1.6\'!W~ICSOA..
Deed Book: Page: Plat Book: Page: _____ _
Zoning District: Township:
Flood Plain & Panel: Watershed Dist:
Water: ~ublic (Harnett County) Sewer:B,Public (Harnett County) --------
0 Private (Well) 0 Private (Septic Tank
Requested Use:
Conditional Use for Gunsmithing Business (Indemnify LLC)
Required Information: (Applications will not be accepted without this information)
1. Is an Erosion and Sedimentation Control Plan required? ~No 0 Yes
If yes, is one on file? 0 No 0 Yes (Please attach a copy to your application)
2. It is recommended that all non-residential developments have preliminary discussions with NC DOT
concerning driveways and other traffic issues for each project. Has this been done? j:8._No 0 Yes
Date of Meeting: 'to.J/A NCDOT Contact: __ .....:N!:!!l..J/~A-=---------------
3. Is a Driveway Permit required? IXNo D Yes
If yes, is one on file? D No DYes (Please attach a copy to your application) ~ W/P..
4. Have you contacted applicable local, state, and federal agencies regarding building, fire, and other
possible code compliance issues? D No ~Yes
Page 1 of4 APPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT
Sketch Plan Required: Provide a sketch plan along with application. It is strongly encouraged
that sketch plans be prepared by a NC Professional Land Surveyor and that it meet the following (as
applicable):
Signatures
I, as the landowner, hereby CERTIFY that the information contained herein is true to the best of my
knowledge; and by accepting this Permit (if approved) shall in every respect conform to the terms of this
application and to the provisions of the Statutes and Ordinances regulating development in Harnett
County. Any VIOLATION of the terms .above stated immediately REVOKES this Permit. I further understand
this structure is not to be occupied until a CERTIFICATE OF OCCUPANCY is issued. This Permit expires 12
m ths ( y elf) er the date the Permit is granted by the Harnett County Board of Adjustment.
---J/" tr '1""1AJ z~
Date
Page 2 of4 APPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT
Written Statement
** Applicant is required to answer the following questions under oath at the Board of Adjustment Meeting -Please print answers **
Public Convenience & Welfare
On-site & Surrounding Land Uses
3. How will the use you are requesting affect the surrounding properties, residents and businesses in the
area? Describe in detail why and how it will or will not affect the surrounding areas? T\-U!\\.e '-'H ... '-
g,e. No e.flr§.c...."\ A) 3'HS,t\.!i:; W\\ ... 1... t'!..S. ""'o <..-..i ~:roMS,\~ O..J '"'S"\o\of.i, 9\\.~M\.S.6,S.
Al-Jt> :r'\..'-~e.· ,.,""e. oy'-~ E.MP'-o"''e.a.. Pt\-\... wc)\1.,.._ ~''-'"" \}1,6. \N 1'\-le c.&tX.l.
Utilities, Access Roads, Drainage, etc •••
4. Describe the driveway (width and surface) that you will be using to enter and exit the property. __ _
S"t't:\t-\~A(\..0 C.ONC..a..fi..Te. ~P..\...afl.......,~"< \\...:) SN:.N'T •E TWo C..f?lrl9--C...ra.a.A"'£
w/ \t-..1 '-'-"N a.
5. Describe the drainage of this property. E...c.c..e.'-'""'~w::r S>s-..A\\4 f!tsc...E.
6. How is your trash and garbage going to get to the landfill? --'..:.....:":...."'..:::e...:..:~:...::..:::G.;___,W=.:''-"""":::'-=--q.!lL!\!....____.,\...,._\:o...,..:t-T ........ '-' ... :a.""--"'lb~
Nc:> u.ayo~ooJc..E.. o...ae. 'To T\-\G. v~:H .. v M'\2. o ~ Q.....),.,N e.-.~.
Traffic
7. Describe the traffic conditions and sight distances at the State Road that serves the property. ___ _
N C) "'\(\.f.\"~\<..
8. What is the approximate distance between your driveway and the next nearest driveway or
intersection? '/• IV'\\'-G. ·
General
9. How many employees will this development employ? ___ \......__<..;::..M:......:...'f.::...s.=e.:.:::::'-,.P~)"------------
10. What is the estimated investment of the development? --'--=--"S'-+-.¢_,p'---------------
11. What experience do you have in the proposed field? <"4 "f5l~ '"" T\-\G. M\,.,-rA(\..'1 ((:).(..'T\\IE.
t.>..l'\"'t) AN~ \ "< (?.. A\~ t= r '-E.)(.~ a'"-' a~ c..e.
Conditions
12. State any conditions that you would be willing to consider as part of the approved Conditional Use
Permit. No. C....J f. "TT~"'\"-\\..'-, ~o ep-.~e.a..Tu.,,...c. ON 'it ~'Tta
13. Additional comments the Board should consider in reviewing your application: "':. f:lt.('t'\ c:\ c..;., \"-l
TrHi. Y·S. An..l'l\'1 l..JC)\\,\c..\NC. Towi'?\S\.Q.S. bAfLN\NC.. M.., c..a..ae"-l ne.\'\.e:r. :s:
IV\t:.\1.6\e"1 L..J\1, H • lo «i--.>I!PI..C:.M!h.cr M"t "T{\.A\tJ \t-JC... '1:.. L.JAN'T \0 f.'Tt~\S.S..S
No S.\c,HA.C...C:. C\1.. W.s.-ruME.,'\.)1. ot--1 :n·Hii. ?n..i:.,M\S.&.s.. :I. \.....>H.,~.o 1)'SC. THE
ON \.."t e.N\\>\....O"'(Ep, (\l-Jt> COMN\~(\..s.G, 1..-.1\L\-(\,a, \,.0\..,) VO\-~M?.:.,
Page 3 of4 APPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT
Action by the Board of Adjustment
The Board of Adjustment shall approve, modify, or deny the Application for Conditional Use Permit
following the Public Hearing. In granting a Conditional Use Permit, the Board of Adjustment shall make
written findings that the applicable regulations of the district in which it is loca!ed are fulfilled. With due
regard to the nature and state of all adjacent structures and uses, the district within which it is located
and official plans for future development, the Board of Adjustment shall also make written findings that
the following provisions are fulfilled:
3.1 The requested use will not impair the integrity or character of the surrounding area
3.2 The requested use will not be detrimental to the public health, morals or welfare
3.3 Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been
made or are being provided
3.4 That adequate measures have been or will be taken to provide ingress and egress so designed as
to minimize traffic congestion in the public streets
3.5 That the conditional use shall, in all other respects, conform to the applicable regulations of the
district in which it is located, except as such regulations may, in each instance, be modified by the
Board of Adjustment.
Note: There must be four { 4) Board of Adjustment members present at the meeting to hear a
request for a Conditional Use Permit. Four (4) out of the five {5} board members must vote in
favor of grating the Permit. If only four {4) board members are present at the meeting then all
four {4) must vote in favor of granting the Permit. If three {3} or fewer members vote in favor
of granting the Conditional Use Permit, the request is denied.
** I have received and read the above statement:
Sig ature
Page4of4 APPLICATION FOR NON-RESIDENTIAL CONDITIONAL USE PERMIT
Lease Agreement 485 Green Links Drive, Cameron, NC 28326
This Business Lease Agreement (hereinafter "Lease") is entered into this the 21st day of December, 2012, by and between
the Lessor: Jonathan Turner (hereinafter referred to as "Landlord"), and the Lessee(s): Nick Robert Eidemiller of
Indemnify LLC. All Lessees (hereinafter referred to collectively as "Tenant"), are jointly, severally and individually
bound by, and liable under, the terms and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do
hereby covenant, contract and agree as follows:
1. Grant of Lease
Landlord does hereby lease unto Tenant, and Tenant does hereby rent from Landlord, solely for business use, the garage in
the residence located in Moore County, North Carolina with address of:
485 Green Links Drive
Cameron, NC 28326
2. Nature of Occupancy
As a special consideration and inducement for the granting ofthis Lease by the Landlord to the Tenant, the residence
described above shall be used and occupied only by the members of the Tenant's family or others whose names and ages
are set forth below:
N/A
3. Term of Lease
This Lease shall commence on the 241h day ofDecember, 2012, and extend until its expiration on the 31st day of
December, 2013, unless renewed or extended pursuant to the terms herein.
4. Security Deposit
Upon execution of this Lease, Tenant shall deposit the sum of$5 to be held by Landlord as a security deposit for
reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other
reasonable damages resulting from a default by Tenant, including non-payment of rent. Tenant shall be liable to Landlord
for all damages to the leased premises upon the termination of this Lease, ordinary wear and tear excepted. Tenant may not
apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall
have the right to transfer Tenant's security deposit to the new owner or assignee to hold under this Lease and upon so
doing Landlord shall be released from all liability to Tenant for return of said security deposit.
Within three weeks after the tenant has vacated the premises, the landlord shall furnish the tenant, by personal delivery or
by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any
security received and the disposition of the security and shall return any remaining portion of the security to the tenant.
The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and
charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of
refunding the security deposit. Tenant agrees that if such address is not produced within 14 days from the date of
termination of the Lease, that Tenant forfeits the security deposit.
5. Rent Payments
Tenant agrees to pay rent unto the Landlord during the term ofthis Lease in equal monthly installments of$5, said
installment for each month being due and payable on or before the 1st day of the month, the first full rent payment under
this Lease being due on the 1st day of January 2013.
Lease Agreement 485 Green Links Drive, Cameron, NC 28326
Tenant agrees that if rent is not paid in full on or before the 15th day of the month, Tenant will pay a late charge of $5 as
allowed by applicable North Carolina law.
Tenant agrees that rent shall be paid in lawful money of the United States by (indicate those that apply):
[] Electronic Bank Transfer, [X] Cash, [] Personal Check, [] Money Order, [] Cashier's Check, [] PayPal
All notices from Tenant to Landlord under this Lease and applicable North Carolina law shall be delivered to the above
address.
Tenant agrees that rent monies will not be considered paid until Landlord or Landlord's agent receives the rent monies,
either by mail or by delivery to the above address. Tenant placing rent monies in the mail is not sufficient for rent to be
considered paid, and rent will be considered unpaid until actual receipt thereof.
If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and
liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action
against other Tenants.
6. Consequences of Breach by Tenant
If Tenant, by any act or omission, or by the act or omission of any of Tenant's family or invitees, licensees, and/or guests,
violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment,
Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where
Tenant is more than one person).
In case of such breach, Landlord may deliver a written notice to the Tenant in breach specifYing the acts and omissions
constituting the breach and that the Lease Agreement will terminate upon a date not less than thirty (30) days after receipt
of the notice if the breach is not remedied within a reasonable time not in excess of thirty (30) days; and the Lease
Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the
breach prior to the date specified in the notice, the Lease Agreement shall not terminate;
(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a
prior noncompliance of which notice was given recurs within four (4) months, the Landlord party may terminate the Lease
Agreement upon at least fourteen (14) days written notice specifYing the breach and the date of termination of the Lease
Agreement;
If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent, and any amount of the security
deposit recoverable by the Tenant.
However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days'
written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written notice of
termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the
expiration of the seven (7) day notice period.
Furthermore, the Tenant may be terminated with three (3) days notice if the Tenant has committed a substantial violation
of the Lease Agreement or applicable law that materially affects health and safety, and the violation is not cured prior to
the expiration of the three day notice period.
Tenant expressly agrees and understands that upon Landlord's termination of this Lease, the entire remaining balance of
unpaid rent for the remaining term of this Lease shall ACCELERATE, whereby the entire sum shall become immediately
due, payable, and collectable. Landlord may hold the portion of Tenant's security deposit remaining after reasonable
cleaning and repairs as a partial offset to satisfaction of the accelerated rent.
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Lease Agreement 485 Green Links Drive, Cameron, NC 28326
7. Delivery of Notices
Any giving of notice under this Lease or applicable North Carolina law shall be made by Tenant in writing and delivered
to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is
recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord's agent.
Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant if when
deposited in the mail addressed to the leased premises, or addressed to Tenanfs last known post office address, or hand
delivered, or placed in Tenant's mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice
to all.
8. Utilities
Tenant will provide and pay for the following utilities:
[] Electric, [] Gas, [] Telephone, [] Cable Television/Internet, [] Water, [] Garbage Pick-Up
Landlord will provide and pay for the following utilities:
[X] Electric, [X] Gas, [X] Telephone, [X] Cable Television/Internet, [X] Water, [X] Garbage Pick-Up
Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any
utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the
leased premises back unto Landlord upon termination or expiration of this Lease.
9. Notice of Intent to Surrender
Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of
the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord
of Tenant's intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely
given, the Tenant shall become a month-to-month tenant as defined by applicable North Carolina law, and all provisions
of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written
agreement of Landlord and Tenant.
If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written
notice to the Landlord of Tenant's intention to surrender the residence. At any time during a month-to-month tenancy
Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other
means allowed by applicable North Carolina law. Upon termination, Tenant shall vacate the premises and deliver same
unto Landlord on or before the expiration of the period of notice.
10. Obligations and Duties of Landlord
Landlord shall:
(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety;
(b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the
inception of the lease, reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling
system is damaged or impaired as a result of the deliberate or negligent actions of the Tenant or those present with
Tenant's knowledge or permission.
11. Obligations and Duties of Tenant
Tenant shall:
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Lease Agreement 485 Green Links Drive, Cameron, NC 28326
(a) Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits;
(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance
with community standards;
(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;
(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities
and appliances, including elevators, in the premises;
(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly
permit any other person to do so;
(t) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will
not disturb his neighbors' peaceful enjoyment of their premises;
(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;
(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the same condition, reasonable wear
and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health
and safety;
(i) Visit the premises at least two times per calendar month;
(i) Maintain yard and lawn;
0) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency;
Tenant agrees that any violation of these provisions shall be considered a breach ofthis Lease.
12. No Assignment
Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without
the prior written consent of Landlord.
13.Tenantlnsurance
Landlord shall not be liable to Tenant, Tenant's family or Tenant's invitees, licensees, and/or guests for damages not
proximately caused by Landlord or Landlord's agents. Landlord will not compensate Tenant or anyone else for damages
proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to
independently purchase insurance to protect Tenant, Tenant's family, Tenant's invitees, licensees, and/or guests,
Residential Lease Agreement, Page 4 and all personal property on the leased premises and/or in any common areas from
any and all damages.
14. Condition of Leased Premises
Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or
knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by
Landlord or Landlord's agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS
condition with no express or implied warranties or representations beyond those contained herein or required by applicable
North Carolina law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any
damages sustained through tqe acts or omissions of Tenant, Tenanfs family or Tenant's invitees, licensees, and/or guests.
If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the
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Lease Agreement 485 Green Links Drive, Cameron, NC 28326
next month's rent payment, with consequences for non-payment identical to those for non-payment of rent described
herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when
taken by Tenant at the commencement ofthe lease, with only normal wear-and-tear excepted. Tenant shall have the right
to remove from the premises Tenant's fixtures placed thereon by Tenant at his expense, provided, however, that Tenant in
effecting removal, shall restore the leased premises to as good, safe, sound, orderly and sightly condition as before the
addition of Tenant's fixture. Failing this, Tenant shall be obligated to pay for repairs as stated above.
15. Alterations
Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining
the express written consent of Landlord. Any of the above-described work shall become part ofthe dwelling. If carried out
by independent contractors, said contractors must be approved by Landlord. Tenant shall not contract for work to be done
without first placing monies sufficient to satisfY the contract price in an escrow account approved by Landlord. All work
shall be done at such times and in such manner as Landlord may designate. If a construction or mechanic's lien is placed
on the leased premises as a result of the work, such shall be satisfied by Tenant within ten (10) days thereafter at Tenant's
sole expense. Tenant shall be considered in breach of this Lease upon failure to satisfY said lien.
16. No Illegal Use
Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried on upon the
leased premises or in any common area. Upon obtaining actual knowledge of any illegal acts or omissions upon the leased
premises, Tenant agrees to immediately inform Landlord and the appropriate authorities. Tenant shall bear responsibility
for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon
conviction of Tenant or any of Tenant's family or invitees, licensees, and/or guests for any illegal act or omission upon the
leased premises-whether known or unknown to Tenant.
17. Notice oflnjuries
In the event of any significant injury or damage to Tenant, Tenant's family, or Tenant's invitees, licensees, and/or guests,
or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided
by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as
possible but not later than five ( 5) days of said injury or damage. Failure to provide such notice shall constitute a breach of
this Lease.
18. Landlord's Right to Mortgage
Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and
Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of
attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to
the Landlord's right to subject the premises to a mortgage or other lien.
19. Delay in Repairs
Tenant agrees that if any repairs to be made by Landlord are delayed by reasons beyond Landlords control, there shall be
no effect on the obligations of Tenant under this Lease.
20. Abandonment
Abandonment shall be defined as the absence of the Tenant from the leased premises for a period of seven (7) or more
consecutive days while rent or any owing monies remain unpaid-whereupon Tenant will be considered in breach of this
Lease. This defmition is subordinate to, and shall not in any way impair, the rights and remedies of Landlord under this
Lease or applicable North Carolina law, except that in case of abandonment, Landlord or Landlord's agents may
immediately or any time thereafter enter and re-take the leased premises as provided by applicable North Carolina law,
and terminate this Lease without notice to Tenant.
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Lease Agreement 485 Green Links Drive, Cameron, NC 28326
21. Notice of Absence from Premises
If Tenant is to be absent from the leased premises for seven (7) or more consecutive days, written notice of such should be
served upon Landlord. If such absences are to be customary or frequent, the expected frequency and duration of absence
should be summarily noted here: N/ A
Tenant expressly agrees and understands that absence from the premises, with or without notice, in no way obviates the
requirement to pay rent and other monies as stated herein, or the consequences of failure to timely pay same.
22. Possession of Premises
Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month's
rent (or prorated portion thereof), less any applicable promotional discount, is paid in full and the premises designated for
lease is vacated by the prior tenant.
23. Delay of Possession
Tenant expressly agrees that if by reason of the premises being unready for occupancy, or by reason of the previous tenant
or occupant of the dwelling holding over, or as a result of any other cause whatsoever, Tenant is unable to enter and
occupy the premises, Landlord shall not be liable to Tenant in damages, but shall abate the rent for the period in which the
Tenant is unable to occupy the premises.
24. Materiality of Application to Rent
All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this
Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to
disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach ofthis Lease.
25. Modification ofthis Lease
Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord's
authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any
provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and
effect.
26. Remedies not Exclusive
The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights,
remedies and benefits allowed by applicable North Carolina law.
27. Severability
If any provision herein, or any portion thereof, is rendered invalid by operation oflaw,judgment, or court order, the
remaining provisions and/or portions of provisions shall remain valid and enforceable and shall be construed to so remain.
28. No Waiver
The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be
construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but
the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the
terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be
considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary
to the terms and conditions of this Lease.
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Lease Agreement 485 Green Links Drive, Cameron, NC 28326
29. Attorney Fees
In the event that Landlord employees an attorney to collect any rents or other charges due hereunder by Tenant or to
enforce any of Tenant's covenants herein or to protect the interest of the Landlord hereunder, Tenant agrees to pay a
reasonable attorney's fee and all expenses and costs incurred thereby, to the greatest extent allowed by applicable law.
30. Heirs and Assigns
It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs,
executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained
herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term hereof.
31. Destruction of Premises
In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause
beyond the control of Landlord, then this Lease shall cease and terminate as of the date of such destruction, and the rent
shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction of said premises is
the same as being prorated as of that date. In the event the leased premises are damaged by fire, windstorm or other cause
beyond the control of Landlord so as to render the same partially untenable, but repairable within a reasonable time, then
this lease shall remain in force and effect and the Landlord shall, within said reasonable time, restore said premises to
substantially the condition the same were in prior to said damage, and there shall be an abatement in rent in proportion to
the relationship the damaged portion of the leased premises bears to the whole of said premises.
32. Eminent Domain
In the event that the leased premises shall be taken by eminent domain, the rent shall be prorated to the date of taking and
this Lease shall terminate on that date.
33. Landlord Entry and Lien
In addition to the rights provided by applicable North Carolina law, Landlord shall have the right to enter the leased
premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or
purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the
preservation of the leased premised or the building and to remove any alterations, additions, fixtures, and any other objects
which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice of intent to
enter premises except in the case of an emergency. Furthermore, Landlord retains a Landlord's Lien on all personal
property placed upon the premises to secure the payment of rent and any damages to the leases premises.
34. Governing Law
This Lease is governed by the statutory and case law of the State of North Carolina.
35. Additional Provisions:
N/A
7
./L-
Lease Agreement
Signatures
LANDLORD ' i ~ Sign:~.._~~
Print: Z~o{ 7/i.rVI e_,;-
Date: 2/ 1)/i'c_ 20(2-.
TENANT
Sign: ~ /-"\ ~
Print: ~ 1 <:.. 1< F 10 EM, &....t-E 1t....
Date: '2.1 \) G.c.. -z..o ,1...
WITNESS
Sign:---------------
Print:--------------
Date: _____ _
8
485 Green Links Drive, Cameron, NC 28326