20210507_Lease_agreement

Lease Agreement
RECEIVED
MAYG72811
LAND QUALITY
MINING PROGRAM

NORTH CAROLINA
JONES COUNTY
CONTRACT
THIS CONTRACT is made this__. day of
2020, by and between Ms. Anita M. Scott, of Jones County, North Carolina, hereinafter
referred to as "Vendor" and `rim Morton Trucking, LLC, a North Carolina limited
liability company, hereinafter referred to as "Purchaser".
WITNESSETH:
THAT WHEREAS the Vendor owns a parcel of real property suitable for a sand
and dirt borrow area in Jones County, North Carolina, which parcel is described on the
attached Exhibit "A", which is incorporated herein by reference (the "Property"); and
WHEREAS Purchaser is desirous of purchasing a quantity of sand and dirt to be
used in a North Carolina Department of Transportation ("NCDOT") or other construction
project in accordance with the terms and provisions hereinafter set forth.
NOW THEREFORE in consideration of the purchase price set forth below,
Vendor agrees to sell and Purchaser agrees to purchase mineral rights for the removal of
the sand and dirt which it will remove from the Property for use in its NCDOT or other
project, in accordance with the following terms and conditions:
1) Entrance and Road: Purchaser will have a sixty -foot (60') gate opening off Scott
Farm Lane and will pay all costs associated with moving the gate to allow for said
opening. Vendor shall allow said 60' opening, and a fifty -foot (50') access road to
the back of the Property where the borrow area will begin. Purchaser will be

1 4
\"W/ responsible for dust control and all costs associated with the road during the term
of this agreement.
2) Sand Pit: Purchaser will start the pit along the southeast poilion of the property
and will did, a dewatering pit. There may be more than one pit being dug at any
paint in time but all digging will be in the area agreed upon by the parties.
Sand/Dirt will be purchased for $0.75 per cubic yard. Purchaser shall be
responsible for all costs associated with obtaining proper permits for the operation.
3) Payment: Payment will be made monthly based upon Bruck tickets andior
topographical survey.
4) Payments shall be made to Anita M. Scott.
5) Purchaser shall furnish all vehicles utilizing in the removal of the sand and dirt
from Vendor's property. All such vehicles shall be in proper running order, bear
appropriate road worthy certification and at all times shall be operated by drivers
who have proper CD:L driver's licenses.
\--40, d) The terms of this contract shall be through and including 5:00 p.m. on the 181 day
ofJanuar , 2040, or at such a date as the Purchaser has removed the desired cubic
yard capacity of sand and dirt, and notified Vendor of its intentions to terminate
this contract
7) Venue for any disputes that may arise under this contract shall be in Jones County,
North Carolina, and the non -prevailing party shall pay all of the prevailing party's
court costs and attorney's fees that may arise by way of such litigation.
Furthermore, this contract shall be governed and construed in accordance with the
laws of the State of North Carolina. This contract shall be binding upon the parties
hereto, and their heirs, successors and assigns.
8) This Contract, or Memorandum of this Contract, may be recorded in the Jones
County Registry, in order to memorialize the mineral rights conveyed herein.

%.. IN WITNESS WHEREOF, Vendor and Purchaser have caused the due execution of this
contract, as of the day and the year first above written.
Vendor:. '
Anita M. Scott
Land Owner
Purchaser: TimMo on Truck' LC
By:
Timothy 161n
Owner/President
Nk.r

..
r.r
North Carolina, Onslow County
a Notary Public in and for the aforesaid County
and State, hereby certify that a M. Scott personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for e p rposes therein
x ressed. Wltn ss my hand and official stamp or seal this, the day of
2020.
tii r Lr S, CO
PP
11 P
UBLIC
�tTLOWCOUNTY
OGORTH CARO
Notary Public n
My Commission Ex"-h4U!7�
I, l "l tL a Notary Public in and for the aforesaid County
and State, hereby certify that Tin thy Morton of Tim Morton Trucking, LLC., personally
appeared before me this day and acknowledged the due execution of the foregoing
instrumen or the purp re� expressed. Witness my hand and official stamp or seal
this, the day of!=' ° 2020.
►i,';tt`E:._�.L� S. COPP
OLAARY PUBLIC
k)1" 0W COUNTY
Notary Public
STP CIF NORTH CAROLINA
^�+-^
My Commission Expltess

PROPERTY DESCRIPTION
Being that parcel of property known as Jones County PIN #543788849500 containing
144.57 acres, more or less, located on 6763 Highway 17, Jones County, New Bern, North
Carolina, as acquired by deeds recorded April 20, 2020 in Book 407, Page 455, Jones
County Registry.

on
Property Owner's Statement for Borrow Site:
I hereby certify that 1 am in agreement with this development, use and reclamation plan, and any
exceptions noted when approved by the Engineer, and that I understand that I will be responsible
for the site upon completion of its use in the construction of the project noted in the map legend.
I understand that this plan, when approved, will serve as a guide in controlling erosion and
sediment in accordance with the Mining Act and the Sediment and Pollution Control Act and as
enforced by the North Carolina Department of Environment Quality (NCDEQ). I understand that
any work exceeding the minimun necessary for compliance with NCDEQ requirements should
be negotiated between the Contractor and the Property Owner. My signature below authorizes
the Department of Environment Quality (NCDEQ) or its agents, to enter upon my property for a
period of one year from the date of final acceptance of the project for which this site plan is
executed. If necessary, the NCDEQ will be allowed to have the Contractor repair any areas that
are not in compliance with NCDEQ requirements. After a one year inspection is held, I will be
solely responsible for assuring that the site is in compliance with NCDEQ regulations. I have the
right to change the condition of the site after the final inspection and prior to the one year follow-
up inspection. However, if I make such changes, I acknowledge that NCDEQ is released from all
obligations and conditions of this agreement and 1 will become solely responsible for the
condition of the site beginning on the date that 1 change the final inspection condition.
Signatures:
Contractor's Representative: /
(authorize to ature supplemental agreements/date)
Owners of Record:
W, ess
(signature/ e)
(signature/date)
Resident Engineer:
Exceptions:
Concurrence with exception
Property Owner:��i�
(signature/date)
Attachments: Site map with details
(signature/date)
Owner
i^1... w Srest— 9 2,ZG.
(signature/date)
(signature/date)
Contractor: Z ZO
(srg tune/date)

M
Property Owner's Statement for Waste Site:
1 hereby certify that I am in agreement with this development, use and reclamation plan, and any
exceptions noted when approved by the Engineer, and that I understand that I will be responsible
for the site upon completion of its use in the construction of the project noted in the map legend.
1 understand that this plan, when approved, will serve as a guide in controlling erosion and
sediment in accordance with the Mining Act and the Sediment and Pollution Control Act and as
enforced by the North Carolina Department of Environment Quality (NCDEQ). I understand that
any work exceeding the minimum necessary for compliance with NCDEQ requirements should
be negotiated between the Contractor and the Property Owner. My signature below authorizes
the Department of Environment Quality (NCDEQ) or its agents, to enter upon my property for a
period of one year from the date of final acceptance of the project for which this site plan is
executed. If necessary, the NCDEQ will be allowed to have the Contractor repair any areas that
are not in compliance with NCDEQ requirements. After a one year inspection is held, I will be
solely responsible for assuring that the site is in compliance with NCDEQ regulations. I have the
tight to change the condition of the site after the final inspection and prior to the one year follow-
up inspection. However, if 1 make such changes, I acknowledge that NCDEQ is released from all
obligations and conditions of this agreement and I will become solely responsible for the
condition of the site beginning on the dale that I change the final inspection condition.
Signatures:
Contractor's Representative: %f
(authorized ature supplemental agreements/date)
Owners of Record:
",Kigna—tura/dt
OYt' � rail— q'Z-2D
(signature/date)
(signature/date)
Resident Engineer:
(signature/date)
Exceptions:
Concurrence widwxception
Property Owner ii4, ►` .'5Cotf- 9-2 -ij
(signature/date)
Attachments: Site map with details
(signature/date)
Contractor: 7e -zz-
(sigOtuetdate)

Tim Morton Trucking, LLC.
121 Garnet Lane, Jacksonville, NC 28546
Letter of Intent
To Ms. Anita M. Scott,
This letter of intent is to confirm the agreement reached on 'regarding mineral
rights on your property located off of Scott Farm. To summarize th discussion:
Entrance and Road: Tim Morton Trucking, LLC will have a 60' gate opening off of Scott Farm.
Tim Motion Trucking LLC will pay to have gate moved to allow for opening. Anita M. Scott
will allow a 60' opening (approximately 80 feet west of existing residential drive) and a 50'
access road to back of property where pit will begin. Tim Morton Trucking LLC will be
responsible for dust control and for all costs associated with the road.
Sand Pit: Tim Morton Trucking LLC wit] start the pit along the southeast corner of the property.
There may be more than one pit being dug at any point in the time but all digging will be in the
14010, area agreed upon. Sand/dirt will be purchased for $0.75 a yard. Tim Morton Trucking LLC will
be responsible for all costs associated with permitting the mine.
Payment: Paymentwill be made to Anita M. Scott. Payment will be made monthly based off of
truck tickets and/or topographical survey.
A contract is forthcoming and will serve as formal agreement. Until such time as a contract is
executed, this letter of intent will permit Tim Morton Trucking LLC. to conduct such business as
is necessary to begin permitting the mine.
T4&ffiy Morton
Tim Morton Trucking
*✓
Anita M. Scott
Land Owner