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HomeMy WebLinkAboutWQ0014391_Application_20210527DWR Division of Water Resources State of North Carolina Department of Environmental Quality Division of Water Resources 1$A NCAC 02T .0500 — WASTEWATER IRRIGATION SYSTEM — RENEWAL FORM: WWIS-R 02-21 Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15d. NCAC 02T .0100, 15A NCAC 02'1' .0500, and Division Policies. For more information, visit the Water Quality Permitting Section's Non-Diseharge Brunch website. The Applicant shall submit an electronic copy of the application and attachments uploaded as a single Portable Document Format (PDF) file to httos://edocs.deq.!ic.gov/FormsfNonDischaree-Branch-Suhmittal- Form-Vert, or emailed to Non-Discharre.Reports(alncdenr.eov if less than 20 megabytes (MB). SECTION I— APPLICANT INFORMATION 1. Applicant: Builders FirstSource - Apex Yard WWTF 2, Permit No.: WQ0014391 3, Signature authority: Griff Burk Phone number: (843) 297-2714 Office Title: Apex Manager Email: griff.burkQbldr.com 4, Mailing address: 23 Red Cedar Way City: Apex State: NC Zip: 27523- 5. Contact person: Bill Norris Primary phone number: (919) 363.4956 Hume Email: bill.norris@bldr.com Secondary phone number: ( ) - Select SECTION It — FACILITY INFORMATION Physical address: 23 Red Cedar Way County: Chatham City: Apex Treatment facility coordinates to the sixth decimal degree: Latitude: 35.738680° Longitude:-78.961320° State: NC Method: Address matching Parcel No.: 0073463 Zip: 27523- SECTION III — FLOW INFORMATION l . Permitted flow: 3750 GPD (The maximum allowable flow based an what has been permitted) 2. As -built flow: 5000 GPD (The maximum allowable flaw based on what has been constructed) 3. Average flow: 894 GPD (The average of all reported flaws an the previous calendar year's NDWRs) 4. Hydraulic capacity: 18 % (Divide the average flow it Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic : 100 % industrial: % Stormwater: °% SECTION IV — BILLING INFORMATION . Billing address: 23 Red Cedar Way City: Apex State: NC Zip: 27523- Verify the Applicant does not have any overdue annual fees: hi ps:/Iden.nc.aov/aboutidivisi❑nslwater-resources/water-resources-permits/wq-enavments Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM: WWIS-R 02-21 Page 1 of 6 SECTION Y — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION 1. ORC: Randall Craig Jarrell Mailing address: PO Box 578 City: Pittsbora Phone number: (919) 210-2500 Office Grade: SI Certification No.: 23925 State: NC Zip: 27312- Email: biowater@aol.com 2. Back -Up ORC: Kenneth Chad Leinbach Mailing address: 1284 Windy Ridge RD City: Chapel Hill Phone number: (919) 260-7301 Office Grade: SI Certification No.: 23928 State: NC Zip: 27517- Email: chad.leinbach@earthlink.net SECTION VI —OPEN -ATMOSPHERE STRUCTURES - 1. List all open -atmosphere treatment and storage structures associated with the renewing permit, Attach additional sheets if necessary. Type Parcel No. Volume (gel) Liner Type Freeboard (ft) Latitude Longitude Storage 0073463 299,000 Full, synthetic 2 35.7375° -78.9584° Select Select ° ° Select Select - ° Select Select . - . 0 SECTION VII — RELATED PERMITS . List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit. Attach additional sheets if necessary. Permit Type Permit No. Relationship Type Select Select Select Select Select Select Select Select SECTION VIII— MONITORING WELLS - 1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary, Well Name Parcel No. Status Gradient Location Latitude Longitude Select Select Select . ° - . ° Select Select Select . ° - " Select Select Select . ° - . ° Select Select Select . ° - . ° Select Select Select . ° ° Select Select Select . ° - , ° Select Select Select . ° - ° Select Select Select ° - . a Select Select Select ° - . Q Select Select Select . n 0 Select Select Select . a - . ° FORM: W W IS-R 02-21 Page 2 of 6 SECTION IX — IRRIGATION FIELDS 1. List all irrigation fields associated with the renewing permit. Attach additional sheets if necessary. Field County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude 01-1A Chatham 0073463 Goldston ApexProperties, LLC 0.19 Pine 35.738603° -78.957513° 01�1B Chatham 0073463 Goldston ApexProperties, LLC 0.19 Pine 35.738409' -78,957513° 01-2A Chatham 0073463 Goldston LpIProperties, C 0.19 Pine 35.738203° -78.957513° Dl-2B Chatham 0073463 Goldston Apex Properties, LLC 0.19 pine 35,738109° -78.957513° 01-3A Chatham 0673463 Goldston Apex Properties, LLC 0.19 Pine 35,738009° -78,957513' 01-3a Chatham 0073463Galdston LLC Properties, 0.19 Pine 35.737797° -78.957513° 01-4A Chatham 0073463 GoidstonApexProperties, LLC 0.19 Pine 35.737603° -78.957513° 01-4B Chatham 0073463 Goldston LLC Properties, 0.19 Pine 35.737403° -78,957513° 02-1.A Chatham 0073463 GoldstonApexProperties, LLC 0.18 Fine 35.739527° -78.957463° 02-1H Chatham 0073463 Goldston Apex Properties, LEX 0.22 Pine 35,739517a -78.9577379 02-2A Chatham 0073463 Goldston Apex Properties, 0.28 Pine 35.739538° -78.957187° 02-2BLLC Chatham 0073463 Goldston Apex Properties, 0.23 Pine 35.739139° -78,957160° 02-3A Chatham 0073453 Goldston Apex Properties, p•32 Pine 35.738999° -78.957460' 02-3BLLC Chatham 0073463 Goldston Apex Properties, LLC 0.25 Pi nu 35.738757° -78,957197' 02-4A Chatham 0073463 Goldston Apex Properties, LLC 0.28 Pine 35.738903° -78,957764' 02-46 Chatham 0073463 Goldston Apex Properties, LLa 0.32 pine 35.738699° -78.957904° a 4 a 8 a 0 0 0 0 a ° S ri 0 0 ° 0 tl 0 a 0 I FORM: WWIS-R02-21 Page 3 of 6 0 0 O o ° o 0 a o 4 p ° a o • p ° Total Acreage: ATTACHMENT A SITE MAP Was the facility originally permitted or had a major modification issued after September 1, 2006? ® Yes — Pursuant to I SA NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0504(d). These requirements are: ® A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility -related structures and fences within the wastewater treatment, storage, and irrigation areas, ® Soil mapping units shown on all irrigation sites. ® The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and irrigation sites. ® Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108, and 15A NCAC 02T .0506(c) if applicable. El Setbacks as required by ISA NCAC 02T .0506. n Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites. All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation sites. No —Skip Attachment A. ATTACHMENT B— SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC. 02T .0 i 06(b)? ® Yes — Skip Attachment B. ❑ No — Submit a delegation letter pursuant to 15 A NCAC 02T .0106(c) authorizing the signature authority to sign. ATTACHMENT C--FLOW REDUCTION Does the existing permit include an approved flow reduction? ❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T ,011 d(f). ® No — Skip Attachment C. ATTACHMENT ld — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately -Owned Public Utility? ❑ Yes — Pursuant to 15A NCAC 02T .01 1 5(a)( 1), submit the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. gl No — Skip Attachment D. FORM: WWIS-R 02-21 Page 4 of 6 r.it,JavrYr' r aei ATTACHMENT E — OPERATIONAL AGREEMENT Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold? ❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02J ,01 1 5(a)(2), submit an executed Operational Agreement (FORM: HOA). Pursuant to 15A NCAC 02T .01 I5cck, if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .Q115(a)(2), submit an executed Operational Agreement WORM: DEV). Pursuant to 1.5A NCAC 02T .0115(bl, if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation, Declarations, and By-laws, ® No — Skip Attachment E. FORM: WWIS-R 02-21 Page 5 of 6 riW) ! .� r':7 71—.IPr'.y.'' fii .p. if.--+ f �q�l}S!S y,�i.: * ,ry•i r? yl]f�iYfYS *wfr�p { r r` ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES Es the applicant a municipality, county, sanitary district, or public utility? ❑ Yes — Proceed to the next question. El No — Skip Attachment F. Does the hydraulic capacity hi Section III, Item 4 exceed 70%? © Yes (the hydraulic capacity is greater than 70%, but less than 80%) — Pursuant to ISA NCAC 02T ,0118( I ), prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question. No— Skip Attachment F. If answered Yes above, does the hydraulic capacity in Section 111, Item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than $0%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall iuelude conservation plans or other specific measures to achieve waste flow reductions. El No — Skip Attachment F. ATTACHMENT G --- EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and irrigation system? ❑ Yes — Skip Attachment G. • No — Pursuant to ISA NCAC 02T .01 l6(c), provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and irrigation system on property not owned by the Permittee. ATTACHMENT H — AFFILIATIONS Are the Permittee's affiliations ofrecord correct? Cheek affiliations. Q Yes — Skip Attachment H. ® No — Provide the corrected affiliations and their contact information. ATTACHMENT I — COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) ❑ Yes — Submit documentation that the compliance schedules have been met. Nc — Skip Attachment 1. 111 ATTACHMENT J— CIVIL PENALTIES AND OUTSTANDING VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violations? ❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request. ❑ Yes (violations) — Submit a copy of your response to the Notice of Violation. ® No — Skip Attachment J. FORM: W W IS-R 02-21 Page 6 of 6 — — ATTACIIMENT K— INDUSTRIAL WASTEWATER Does the wastewater composition in Section I11, item 5 include any industrial wastewater? ❑ Yes — Proceed to the next question. ® No —Skip Attachment K. Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of new materials or chemicals, etc.)? ❑ Yes — Provide a ohemical analysis of the wastewater pursuant to the requirements in 15A NCAC 02T .05(4(1), Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. El No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ATTACHMEN'I' L.— SETBACK WAIVERS Does the existing permit include setback waivers? ❑ Yes — Pursuant to 15A NCAC 02T .0506(d), provide setbacks waivers that have been written, notarized, signed by all parties involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance with l5A NCAC 02L .0107. El No — Skip Attachment L. APPLICANT'S CERTIFICATION attest that this application (Signature authority's name as noted In Section I, Item 3) has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this application package are not completed, and that if allrequired supporting information and attachments are not included, this application package will be returned as incomplete. 1 further certify pursuant to 15A NCAC 02T .0'20(b), that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as the signing official ' tter is provided pursuant to 15A NCAC 02T ,0106(c). Pursuant to § 143-215.6A and § 143-215.6B, any person who know akes any false statement, representation, or certification in any application package shall be guilty ofa Class 2 misdemcan . + de fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation, Signature: Date; D% THE COMPLETED APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Email• Non-Discha rEe.ReportsOneden r.gov Lascrl'tche Upload; https:/leduce.dee,nc.govlForms/NonDischarae-Brancb- Submittal-Form-Vert FORM: WWIS-R 02-21 Page 7 of 6 Wastewater System Upgrade\Drawings\Revision - 2021-05-14\A55301.10 - Base Overwrite.dwg May 19, 2021 10:55am Z:\T-Drive (Projects)\Library\2015W55301.00 - Builders First Source At- T CrC — 249.37' 1 S8-7' 58' 09 "W i REVIEW POINT BOUNDARY PER BOUNDARY AT MIDWAY BETWEEN COMPLIANCE AND WASTE BOUNDARY 15A NCAC 02L .0108 1 —4% ; V SINGLE—FAMILY DWELLING .....--• n-- / EXISTING TREATMENT SYSTEM COMPLIANCE BOUNDARY AT PROPERTY LINE PER 15A NCAC 02L .0107 (i) 500' OFFSET FROM - TREATMENT/DISPPOSAL AREA / SINGLE—FAMILY�— DWELLINGS W ® j. v RA'H,IC SCALE: 47. \150 300j LEGEND N= CO CP EZRT E-Z FDT ST HU UV ADJACENT BOUNDARY BOUNDARY (PROPERTY) CONTOURS - INDEX CONTOURS - INTERMEDIATE DRAIN FIELD (SEPTIC) AREA INITIAL DRIP LINES BLANK LINES (NO EMITTERS) RETURN LINES RETURN MANIFOLD BUILDING SETBACK RIGHT OF WAY SOIL BORING EPHEMERAL STREAM SUPPLY LINES SUPPLY MANIFOLD SOLENOID VALVE BALL CHECK VALVE CLEAN OUT CONTROL PANEL E-Z TREAT RECIRC. TANK E-Z TREAT POD FILTER FIELD DOSING TANK SEPTIC TANK HYDRAULIC UNIT ULTRAVIOLET UNIT Map Unit Symbol Map Unit Name CrB Creedmoor-Green Level complex, 2 to 6 percent slopes CrC Creedmoor-Green Level complex, 6 to 10 percent slopes CrD Creedmoor-Green Level complex, 10 to 15 percent slopes W Water i 5 NOTES 1. ALL SURVEY INFORMATION SHOWN HEREON PROVIDED BY: MACK GAY ASSOCIATES, P.A. 1667 THOMAS A. BETTS PKWY, ROCKY MOUNT, NC 27804 (252) 446-3017 2. LOCATION OF ALL UTILITIES IS APPROXIMATE. CONTRACTOR SHALL VERIFY AT THE SITE PRIOR TO CONSTRUCTION. 3. NO CONSTRUCTION WILL BE ALLOWED WHEN THE GROUND IS WET. 4. NOTIFY UNDERGROUND UTILITIES LOCATOR PRIOR TO ANY EXCAVATION. CONTRACTOR IS RESPONSIBLE FOR COORDINATION OF ALL TRADES AND SUBCONTRACTORS. CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFYING ALL DIMENSIONS, ELEVATIONS, AND LOCATION OF ALL EXISTING CONDITIONS AND UTILITIES. 5. AREA DISTURBED IS LESS THAN ONE ACRE. A FORMAL EROSION AND SEDIMENT CONTROL PLAN IS NOT REQUIRED. HOWEVER, CONTRACTOR SHALL PROVIDE ALL MEANS NECESSARY TO MAINTAIN CONTROL OF ONSITE SEDIMENT AND EROSION. 6. CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE OSHA AND BOISE CASCADE SAFETY REQUIREMENTS. 7. CONTRACTOR IS RESPONSIBLE FOR REPAIRING ALL CONSTRUCTION DAMAGE EXPEDITIOUSLY AND AT NO ADDITIONAL COST TO THE OWNER. 8. CONTRACTOR SHALL FIELD STAKE LOCATIONS OF SYSTEM COMPONENTS FOR ENGINEER'S APPROVAL PRIOR TO INSTALLATION. EXISTING INVERTS SHALL BE VERIFIED AT THIS TIME TO ENSURE A MIN. 2% SLOPE IS PROVIDED. REVISIONS NO. DATE DESCRIPTION 08/10/16 REV. PER STATE COMMENTS 2 05/19/21 PERMIT RENEWAL PROJECT MANAGER: GSM PROJECT ENGINEER: GSM DRAWN BY: JDH CHECKED BY: GSM DATE: AUGUST 10, 2016 ..tttiilt ti sEAL i70fi9 �5 /1 LICENSE No. C-1039 MacCONNELL & Associates, P. C. 501 CASCADE POINTE LANE, SUITE 103 CARY, NORTH CAROLINA 27513 P. O. BOX 129 MORRISVILLE, NORTH CAROLINA 27560 TEL: (919) 467-1239 FAX: (919) 319-6510 BUILDERS FIRST SOURCE WASTEWATER EXPANSION CHATHAM COUNTY, NC EXISTING CONDITIONS PROJECT NUMBER A55301.00 DRAWING NUMBER C-101 COPYRIGHT © 2016 A55301.00 — BUILDERS FIRST SOURCE — WASTEWATER EXPANSION A55301.00 — BUILDERS FIRST SOURCE — WASTEWATER EXPANSION Wastewater System Upgrade\Drawings\Revision - 2021-05-14\A55301.10 - Base Overwrite.dwg May 19, 2021 10:57am Z:\T-Drive (Projects)\Library\2015W55301.00 - Builders First Source l . EXISTING STRUCTURES 1y P lac% 249.37' 87°58'09'W SINGLE-FAMILY DWELLING TO EXISTING TREATMENT SYSTEM REVIEW BOUNDARY AT MIDWAY POINT BETWEEN COMPLIANCE - BOUNDARY AND WASTE BOUNDARY -7 , PER 15A NCAC 02L .0108 553.'66 N87°50'09"W COMPLIANCE BOUNDARY AT PROPERTY LINE PER 15A NCAC 02L .0107 (i) 500' OFFSET FROM TREATMENT/DISPPOSAL AREA 6 6' N8750'09"W EXISTING REPAIR DRAINFIELD 1 SINGLE-FAMILY DWELLINGS RESIDENTIAL POOL(S) EXISTING TRAILERS • • f CrB CrC CrD I 1 1- 4 all la I LEGEND N= CO CP EZRT E-Z FDT ST HU UV ADJACENT BOUNDARY BOUNDARY (PROPERTY) CONTOURS - INDEX CONTOURS - INTERMEDIATE DRAIN FIELD (SEPTIC) AREA INITIAL DRIP LINES BLANK LINES (NO EMITTERS) RETURN LINES RETURN MANIFOLD BUILDING SETBACK RIGHT OF WAY SOIL BORING EPHEMERAL STREAM SUPPLY LINES SUPPLY MANIFOLD SOLENOID VALVE BALL CHECK VALVE CLEAN OUT CONTROL PANEL E-Z TREAT RECIRC. TANK E-Z TREAT POD FILTER FIELD DOSING TANK SEPTIC TANK HYDRAULIC UNIT ULTRAVIOLET UNIT Map Unit Symbol Map Unit Name Creedmoor-Green Level to 6 percent slopes Creedmoor-Green Level to 10 percent slopes Creedmoor-Green Level to 15 percent slopes Water complex, 2 complex, 6 complex, 10 NOTES 1. ALL SURVEY INFORMATION SHOWN HEREON PROVIDED BY: MACK GAY ASSOCIATES, P.A. 1667 THOMAS A. BETTS PKWY, ROCKY MOUNT, NC 27804 (252) 446-3017 2. LOCATION OF ALL UTILITIES IS APPROXIMATE. CONTRACTOR SHALL VERIFY AT THE SITE PRIOR TO CONSTRUCTION. 3. NO CONSTRUCTION WILL BE ALLOWED WHEN THE GROUND IS WET. 4. NOTIFY UNDERGROUND UTILITIES LOCATOR PRIOR TO ANY EXCAVATION. CONTRACTOR IS RESPONSIBLE FOR COORDINATION OF ALL TRADES AND SUBCONTRACTORS. CONTRACTOR IS RESPONSIBLE FOR FIELD VERIFYING ALL DIMENSIONS, ELEVATIONS, AND LOCATION OF ALL EXISTING CONDITIONS AND UTILITIES. 5. AREA DISTURBED IS LESS THAN ONE ACRE. A FORMAL EROSION AND SEDIMENT CONTROL PLAN IS NOT REQUIRED. HOWEVER, CONTRACTOR SHALL PROVIDE ALL MEANS NECESSARY TO MAINTAIN CONTROL OF ONSITE SEDIMENT AND EROSION. 6. CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE OSHA AND BOISE CASCADE SAFETY REQUIREMENTS. 7. CONTRACTOR IS RESPONSIBLE FOR REPAIRING ALL CONSTRUCTION DAMAGE EXPEDITIOUSLY AND AT NO ADDITIONAL COST TO THE OWNER. 8. CONTRACTOR SHALL FIELD STAKE LOCATIONS OF SYSTEM COMPONENTS FOR ENGINEER'S APPROVAL PRIOR TO INSTALLATION. EXISTING INVERTS SHALL BE VERIFIED AT THIS TIME TO ENSURE A MIN. 2% SLOPE IS PROVIDED. REVISIONS NO. DATE DESCRIPTION 1 08/10/16 REV. PER STATE COMMENTS 2 05/19/21 PERMIT RENEWAL PROJECT MANAGER: GSM PROJECT ENGINEER: GSM DRAWN BY: JDH CHECKED BY: GSM DATE: AUGUST 10, 2016 SEAL '''S;11:11:611;;J:il 05 LICENSE No. C-1039 MacCONNELL & Associates, P. C. 501 CASCADE POINTE LANE, SUITE 103 CARY, NORTH CAROLINA 27513 P. O. BOX 129 MORRISVILLE, NORTH CAROLINA 27560 TEL: (919) 467-1239 FAX: (919) 319-6510 BUILDERS FIRST SOURCE WASTEWATER EXPANSION CHATHAM COUNTY, NC EXISTING CONDITIONS PROJECT NUMBER A55301.00 DRAWING NUMBER C-101 COPYRIGHT © 2016 A55301.00 — BUILDERS FIRST SOURCE — WASTEWATER EXPANSION A55301.00 - BUILDERS FIRST SOURCE - WASTEWATER EXPANSION LEASE AGREEMENT .sT THIS LEASE is made as of this 1 day of /54'«! 7 , 2015, between GOLDSTON APEX PROPERTIES, LLC, a North Carolina limited liability company (the "Landlord") and BUILDERS FIRSTSOURCE — RALEIGH, LLC, a Delaware limited liability company qualified to do business in North Carolina (formerly known as Builders FirstSource of Raleigh, Inc., a North Carolina corporation (the "Tenant"). WITNES SETH: Upon the terms and conditions hereinafter set forth, the Landlord leases to Tenant and Tenant leases from Landlord certain real property and improvements described herein located in Chatham County; North Carolina, in accordance with the terms hereof 1. DEMISED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain land described on Exhibit A attached hereto, together with all buildings and related improvements thereon (collectively, the "Demised Premises"). 2. TER1vl. Subject to Exhibit B attached hereto, the term. (`Term") of this Lease shall commence at 12:01 a.m. on August 1, 2015 (the "Commencement Date") and shall expire at 11:59 p.m. on July 31, 2025, unless sooner terminated or extended as provided herein. 3. USE. Tenant may use and occupy the Demised Premises for the operation of lumber yard, the retailing and wholesaling of building materials, and all activities incidental thereto, and for general office purposes and for no other purpose without the express written consent of Landlord. Notwithstanding the foregoing, Tenant shall neither use or occupy, nor permit the Demised Premises to be used or occupied, nor permit anything to be done in or on the Demised Premises in any manner which may (i) make void or voidable any insurance in force with respect thereto; (ii) cause structural damage to the Demised Premises or any part thereof, including, but not limited to, the buildings; improvements and equipment which is not promptly repaired, reasonable wear and tear excepted; (iii) constitute a public or private nuisance; (iv) violate or permit the revocation or forfeiture of any currently existing special or conditional use permit applicable to the Demised Premises or activities thereon; or (v) violate any present or future law, ordinance, rule or regulation of any public authority concerning or relating to Tenant's use, occupancy or alteration of the Demised Premises, and further Tenant shall throughout the Term maintain, keep in force and otherwise comply with any currently existing special or conditional use permit applicable to the Demised Premises or activities thereon. 4. RENT. During the Tenn, Tenant shall pay to Landlord at the office of Landlord or at such other address or in such other manner as Landlord may designate rent ("Base Rent"), payable in monthly installments, as set forth on Exhibit C attached hereto and incorporated herein by reference. Until further notice, Tenant shall pay all Rent hereunder by automatic draft or wire transfer of immediately available funds to an account designated by Landlord. All monthly installments of Base Rent shall be paid in advance on the first day of each calendar month during the Term. Any monthly installment of Base Rent payable for any partial calendar month during the Tenn shall be equitably prorated over the number of days in such month_ In 1 Lease Goldston Builders FirslSuurce 261505U7.1 IN WITNESS WHEREOF_ Landlord and Tenant have executed this Lease as of the day and year first above written. Lease Goldston Builders FirstSource 20150507.1 LANDLORD: GOLDSTON APEX PROPERTIES, LLC (SEAL) a North Carolina limited liability company James D. Goldston IIT, Manager TENANT: BUILDERS FIRSTSOURCE — RALEIGH, LLC (SEAL) a Delaware limited Iiability company By: Name: l Marc,'e i� alrr Title: VP- Co,*1,I (et 23 (SEAL) LEASE ACREEM ENT THIS LEASE is made as of this day of , 2015, between GOLDSTON APEX PROPERTIES, LLC, a North Carolina limited liability company (the "Landlord") and BUILDERS FIRSTSOi]RCE — RALEiIGH, LLC, a Delaware limited liability company qualified to do business in North Carolina (fnrmer]y known as Builders PirstSource ofRaltagh, Inc., a North Carolina corporation (the `Terlanr). W1TNESS.TsT11.: Upon the terms and conditions hereinafter set forth, the Landlord leases to Tenant and Tenant leases from Landlord certain real property and improvements *allied herein located in Chatham County,Nurtli Carolina, in accordance with the terms hereof 1. DEMISED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases froaaa Landlord that cerlainland described on Exhibit A attached hereto, together with all buildings and related improvements thereon (collectively,, the "Deznised Premises"). 2. TERM. Subject to Exhibit B attached hereto, the term ("Term") of this Lease shall commence at 12:01 a.m. on August 1, 2015 (the "Commencemeaat Date and shall expire at 11:59 p.m. on July 31, 2025, 'unless sooner terminated or extended as provided herein. 3. U. Tenant may use and occupy the Demised Premises for the operation of lumber- yard, the retailing and wholesaling of building materials, and all activities incidental thereto, and for general office pufposes and for no other purpose without the express written consent of Landlord. Notwithstanding the foregoing, Tenant shall neither use or occupy, nor permit the Demised Premises to be used or occupied, nor permit anything to be dune in or on the Demised Premises in any manner which may (i.) make void or voidable any insurance in force with respect thereto; (ia) cause sutural damage to the Demised Premises or any part thereof, including, but not limited to, the beildin s, improvements and equipment which is not promptly repaired, reasonable wear and tear excepted; (iii) constitute a public or private nuisance; (iv) violate or permit the revocation or forfeiture of any currently existing special or conditional use permit applicable to the Demised Premises or activities thereon, er (v) violate any present or future law, ordinance, rule or regulation of any public authority convening or relating to Tenant's use, ccupancy er alteration of the Demised Premises, and further Tenant shall throughout the Term maintain, keep in force and otherwise comply with any currently existing special or conditional use permit applicable. to the Demised Premises or activities thereon. 4, RENT. During the Terra, Tenant shall pay to Landlord at the office of Landlord or at such other address or in such other manner as Landlord may designate rent (`Base Rent") payable in. monthly installments, as set forth on Exhibit C attached hereto and incorporated herein by reference. Until further notice, Tenant shall pay all Rent hereunder by automatic draft or wire transfer of immediately available funds to an account designated by Landlord. All monthly installments cif Base Rent shall be paid in advance on the first day of each calendar month during the Terre. Any monthly installment of Base Rent payable for any partial calendar month during the Tenon shall be equitably prorated over the number of days in such month. In T Lae Golds= Builders FireiSomve 201505 I71 addition to such remedies as may be provided under the default provisions of this Lease, Landlord shall be entitled to a late charge of five (5%) percent of the amount of Rent due if not received within ten (10) days or the date when clue and an additional five percent (5%) of the amount of any check given by Tennant not paid wi cn first presented by Landlord for payment; provided, however, Landlord shall waive such five percent (5%) late charge for the first occurrence in any consecutive twelve month period if Rent or any installment thereof is paid within ten Oft) days of written notice by Landlord of the failure of Tenant to timely make such payment. All sums of money payable by Tenant to Landlord hereunder, including but not limited to Ease Rent, shah be paid by Tenant to Landlord without setoff, deduction, counterclaim or previous demand therefor (except as expressly permitted in section 6.6 hereof) and be deemed to be the payment ()front by Tenant or Rent under this Lease. 5. TAXES. 5.1; Throughout the Toren, prior to the imposition of any interest or late charges, Tenant shall pay promptly when due (i) all taxes imposed upon Tenant's rent payable hereunder, upon the business operations an the Demised Premises, and upon all personal property of Tenant and (ii) all Real Estate Taxes (as .defined in section 5.3 hereof). Upon the rendering of the tax statement for Real Estate Taxes by the appropriate governmental authorities, .Landlord shall forward such statement for Real Estate Taxes to Tenant, and Tenant shall pay same directly to such taxing authority at least fifteen (15) days prior to delinquency and contemporaneously provide evidence to landlord of the payment of' same; provided it Real Estate 'Taxes, or any portion thereof, are not evidenced by a tax statement or T.andlord receives such tax statement atter the 'Term, then Tenant shall pay to Landlord within fifteen (15) days of demand therefor, such Real Estate Taxes for which Tenant is responsible. In the event that the Demised Premises are part of a larger tax panel that includes. property not covered by this Lease, then Tenant shall pay its proportionate share of the Real Estate Taxes on the assessed value ofthc land based upon the acreage ofthe Dernised Premises as a percentage ofthe land in the entire tax parcel plus the Real lstatc Taxes on the assessed value of buildings and other improvements located on the Demised Premises. 52, Landlord shall have no obligation to contest, object to or litigate the levying or imposition of any Real Estate Taxes and may settle, compromise, consent to, waive or otherwise dtterminc in its discretion to abandon any contest being prosecuted by Landlord with respect to the amount of any Real Estate Taxes. Tenant may, at its sole cost and expense, upon prior written notice to Landlord and with legal counsel approved by Landlord, which consent shall not be unreasonably withheld, contest, object to and litigate the levying or imposition ref any Real Estate. Taxes; provided, however, that Tenant may not, without Landlord's consent, which consent shall net be unreasonably withheld. settle, compromise or consent to any agreement with respect to the amount of any Real .Estate Taxes. Landlord agrees to cooperate with Tenant in any contest Tenant may undertake, and any refunds reeeivcd by Landlord on acemmt ofthe reduction in Real Estate Taxes from any taxing authority shall be the property of Tenant to the extent that such reimbursement or ief'und reflects Real Estate Taxes that have previously been paid by Tenant; the obligation to reitnbursc'icnant pursuant to this sentence shall survive the expiration or earlier termination of the I .ease. 2 Lrrsz Goldstar) Rudders FirsSSrnrrce 21 50507.1 5.3. The phrase "Real Estate Taxes" means and itx,ludes any and all governmental imposts, levies, fees, charges. taxes or assessments of every kind and nature whatsoever which during the Tenn are levied, assessed, become due and payable or arc imposed against the buildings and other improvements and/or the Demised Premises or any part ar any portion thereof or against Landlord, extraordinary as wef 1 as ordinary, foreseen and unforeseen, including. without limitation, ad valorem exactions arising in connection with the use, occupancy or possession of or due and payable out of or for the Demised Premises or the tax parcel of which the Demised Premises forms a part atid expenses directly incuned by Landlord in contesting the validity of, in seeking a reduction in, or in seeking to prevent an increase in any such lax(es),' provided, however, that the phrase "Real k?state Taxes" shall not be deemed to include any inheritance, estate, succession, transfer, gift, franchise, corporation, general income or prafrt tax. The Real Estate Taxes shill be prorated on a calendar year, per diem basis; between Landlord end Tenant for any portion of the Tern that is not a full calendar year. Notwithstanding any part of the foregoing definitions appearing to the contrary, except as specifically provided below for` revaluation, Real Estate Taxes shall not include the real ostate taxes on the real property described art Exhibit D efirpervious' Transfer Lard"), the impervious area of which is transferred or restricted in order to permit improvements on the Demised Premises and Landlord sly be responsible for the Real Estate Taxes on the Impervious Transfer Land. Tenant shah beresponsible fir any additional real estate taxes resulting from a revaluation of the impervious Transfer Land in connection with the transfer of impervious surface to the Demised Premises, but Tenant shall not be responsible for any real estate taxes arising from additional improvements ar zoning changes to the Impervious 'Transfer Land not sought by or made for the benefit of Tenant. 5.4. The obligations under this article 5 shall survive the expiration or earlier termination ation of this Cease. b. MAINTENANCE AND REPAIRS. 6.1. By acceptance of tare Demised Premises, Tenant .represents to the Landlord that it has examined and inspected the Demised Premises, which are satisfactory for Tenant's intended use, and that Tenant takes the Demised Premises "AS IS, WHERE IS, WITH ALL FA UL'iS." Landlord makes no representation or warranty as to the condition of the Demised Premises or the personalty located thereon used in connection therewith! . 6.2_ Except as expressly provided in section 6.5 hereof, it is intended that this Lease be an absolute net lease, with Tenant responsible fox all costs (capital ar otherwise) and expenses required to keep the Demised Premises, and all buildings, fixtures, equipment, apparatus, systems and other unprrovements installed in or on the Demised Prises, in good order and condition through the Term;, ordinary wear anti tear excepted. "[ errant covenants that at all tinges during the Term, the interior and exterior of such buildings, the improvements, and the Dernised Premises generally shall be maintained by "Tenant iri ae equal or better condition as such buildings, improvements, and the Demised Premises generally existed on July 1, 2000, ordinary wear and tear excepted. Notwithstanding the foregoing, Tenant shalt maintain and keep in. reasonable repair the structural components of the Proposed Improvements and the buildings and portions of a building constructed previously or hereafter by Tenant located on the Demised Premises, such buildings and portions of buildings as of the Commencement Date are more 3 Lease GortLaron Builders FrrsrSaurce 2O110507.1 specifically described or highlighted on Exhibit E, including, but not limited to, the structural portions or aspects of the roofs (including the roof rnembraue and roof covering), exterior or brad -bearing walls, and the floors, Foundation and slab of all buildings comprising a part of the Demised. Premises; provided, however, that in the Case ot any repair or replacement occasioned by the act or emission of Landlord, its agents, employees, invitees, licensees or rrrntraotoes, savo and except that caused by reasonable wear and tear, for which Tenant is responsible under this section 6.2, then the Landlord shall pay the Tenant's cost for making such repairs or performing such obligations upon presentation of the invoice therefor. Except as stated in the immediately preceding sentence, Tenant ahnl l have no obligation to maintain and keep in reasonable repair the structural components of the buildings located on the Demised Premises. The completed work of uiaaintcriarice, compliance, repair, restoration or replacement by Tenant or its contractors shall bo at least equal in value, of utility, and use to the condition of the Demised Premises immediately before the event or progression thereof giving rise to the work. f:xccpt as expressly provided in section 6.5 hereof-, Landlord shall not be required to make any repairs, .replaceznents or alteration of any kind in or on the Demised Premises, all such matters being the sole duty and responss bility of Tenant. 6.3. Landlord shall not be required to furnish any services or utilities to the Demised Premises (including but not limited to water, sanitary and storm sewer, electricity, telephone and natural gas) during the Term, and Tenant hereby assumes full and sole responsibility for the supply of and payment for such services and utilities. 6.4. If Tenant refuses or neglects to repair the Demised Premises or to perform the other nbligations required of Tenant under the terms and conditions of this Lease, without waiving any default of Tent,. Landlord may make such repairs or perform such obligations without liability to Tenant for any loss or damage that may accrue to Tenant's inventory, fxtures, or other property as to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs or performing such obligations, together with the sum of ten percent (10%) for Landlord's overhead, upon presentation oft the invoice therefor. 6.5. Landlord agrees that it, at its sole cost and expense, shall maintain and keep in reasonable repair the structural components of any buildings not constructed by -Tenant located on the Demised Premises, including, but not limited to, the structural portions or aspects of the roc* (including the roof membrane and roof covering), exterior or load-beanng walls, and the floors. foundation and slab of all buildings not constructed by Tenant t;omprieing n part of the Demised Premises; provided, however, that in the case of any repair or replacement occasipued by the act or omission of Tenant, its agents, employees, invitees, licensees or contractors, save and except that causal by reasonable wear and tear, for which Landlord is responsible rimier this section 6.5, than the Tenant shall pay the Landlord's cost for making such repairs or performing such obligations, together with the sum of ten percent (10%@) for Landlord's overhead, upon presentation of the invoice therefor. Landlord shall not be called upon to make any other improvements or repairs of any kind upon the Demised Premises and appurtenances except as set truth in this section 6.5. Tenant shall prornptly report in writing to Landlord any defective condition or condition requiring repair knownto it which Landlord is required to repair, and Landlord shall exercise commercially reasonably efforts to make such repair as soon thereafter as practicable. and the Tenant's failure to so report such defective condition or condition 4 I.caw f+oldstonrtuildcrxPirsLSnurce21 150507.t requiring repair known to .Tenant shall make Tenant responsible to Landlord for any and all liability or damage incurred by Landlord or to 1.andlord's or any third "party's property proximately caused by reason ofTenant's failure to report such condition. 6.6. If Landlord fails to commence the repair of a condition requiring maintenance, repair or replacement for which Landlord is obligated under section 6.5 within thirty (30) days (or such longer period of time as is reasonably necessary provided Landlord is exercising commercially reasonable efforts to commence such repair) after the receipt of written notice from Tenant Specifying the need for such repair, Maintenance or replacement, then Tenant may undertake such repair, maintenance or replacement on behal f of Landlord, hut only after providing at least five (5) business days prior writ[en notice to Landlord (wh;rh five (5) day notice period shall began alter the c xpioitian of the prior period) that it intends to exerveisc its right of' self-help under this section 6.6; and thereafter after the completion of such maintenance, repair or replacement, .demand the .able cost of such maintenance or repair from Landlord that Tenant has actually incurred, together with the sum of ten percent (10%) for Tenant's overhead, such demand accompanied by ail invoices evidencing sums expended by Tenant or which reimbursement is sought and evidence of payment of same by Tenant. If Landlord shall not and if not paid within thirty (30) days of demand therefor, then Tenant shall have the right to deduct and of'set the actual cost of such maintenance or repair from current and future Base Rent due under this Lease, not to exceed twenty percent (20%) of a monthly installment of Base Rent due in any one calendar month. 6.7. Tenant shall deliver at the end of this Lease Tenn each and every part of the Demised Premises in good repair and condition, reasonable wear and tear and damage by insured casualty only excepted. 6.8 The Demised Premises are subject to a Joint Driveway Maintenance and Reciprocal Easement recorded in Book 751, Page 66, in the office of the Register of Deeds of the Chatham County, N.C, ("Driveway Easement"). 'Tenant shall be responsible for maintaining those portions of the casement labelled `'Common," "Gnldston-Goodwin" and "Goodwin" ender the Driveway Basement Tenant shall be responsible for and shall pay one-third (1/3N) of the costs to maintain the portion of the easement labelled "Common" and 100% of the costs to maintain those portions of the easement labelled "Goldston-Goodwin" and "Goodwin" in the thiveway F' semenL 6.9 Tenant specifically agrees to maintain the septic system (and related sewer lines) on the Demised Premises for the use, benefit and enjoyment of the Demised Premises and for the use, benefit and enjoyment of the real property containing approximately 9.2 acres described can attanhed Exhibit A-1 (the "Wooten Tract'), said Wooten Tract is adjacent to the western line of the Demised Premises. The Demised Premises and the Wooten Tract are served by separate water lines from Chatham County, but the septic system on the Demised Premises serves both the Demised Premises and the Wooten Tract. It is agreed that the septic rights and obligations are based on the continued use of the septic system by the Wooten Tract in roughly the same manner es on the date of this Lease. it is further agreed that -the septic rights and obligations are superseded when and if, and to the extent, the Demised Prctnises and the Wooten Tract are connected to the local sewer service from the applicable local authority or the Wooten 'Tract is served by a septic or seer system that is not located on the Demised Premises, If requested by 5 ,easy eit:Wai n Builders F rsaSuiircr:21115(}5u7. r the owner or tenant of the Wooten Tract, Tenant shall reasonably cooperate with the owner or tenant of the Wooten Tract to fi►cilrtate the provision of sewer service from a local authority to the Wooten Tract. 7. ALTERATIONS AND FIXTURES, other- than the improvements shown in Exhibit ly (the "Proposed Improvements"), attached hereto and incorporated herein by reference, Tenant shall not be entitled to make interior and exterior alterations to the Itemised Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld; pinvided, hpwever:, Tenant may, without Landlord's consent, snake alterations to the Demised Premises which do not affect or impair the structural components of any buildings or other stalactites on the Demised Premises and which do not incaease the impervious surface areas of the Demised Premises to the extent of $75,000.00 in any one twelve (12) nron h period. Landlord shall not be required to provide any additional pervious surface that may be required for any additional alterations or improvements to the Demised Premises made by or for Tenant except that which is required by the County for he Proposed Improvements unless hereafter agreed to otherwise in writing. For purposes of allowing the Tenant to construct the Proposed Iunprovernents, after the County has determined the amount of the Impervious Transfer Land it requires to permit the Proposed improvements, Landlord shall cause to be recorded one or more legally enforceable deed restrictions, in form and substance required by the= County, requiring the Impervious Transfer Land (or such portion thereof as required by the County) to remain in a pervious state (or such other state as required by the County, although Landlord has no obligation to alter the state of the Impervious Transfer Land) for the benefit of lot(s) where the Proposed Improvements will be located. Landlord agrees, at its cost, (i) to cause that portion of the Impervious Transfer Land to be restricted to be surveyed to the extent required by the County, (ii) to deliver to the County such title work and/or title insurance and/or representations mad warranties with respect to title to the Impervious Transfer Land, as the County may require, (iii) to oatase any third patty having a lien on the Impervious Transfer Land at the time of the request and/or recording, to subordinate its interest in and to the deed restriction, and (iv) to cause all survey and title work to be completed and the executed arid notarized deed restriction in the foam required and approved by the County (subordinated to by any applicable third party) to be recorded within thirty (30) days following .request by -Tenant after final approval by the County of the amount of the Impervious Transfer Land it requires to permit the Proposed Improvements. Notwithstanding anything contained in this Lease to the contrary, if LenrIlord fails to timely and fully comply in all material respects with the foregoing obligations except for delays attributable to Tenant or any force nxajc ure event, and such failure continues for an additional period of thirty (30) days air written notice from Tenant, the same shall be a default under this Lease and h1 addition to such other rights and remedies set forth in this Lease or available at law or in equity, Tenant shall be entitled to seek specific performance of such obligations, or to pursue monetary damages against Landlord (which may include foreseeable consequential and other special damages in the event of a willful failure of Landlord) and/or terminate this Lease. If Landlord is prevented or delayed in the performance of its obligations under this section by reason of an act of God, fire or other casualty, adverse weather courditiens, public enemy, riot, strike, insurroctien, war, governmental delays, adverse lotion o1' gover ..mental authority, moratorium, or other cause beyond Landiord's reasonable control (each a `force majcure event"), then performance of such act shall be excused for the period of the delay and the period of the performnee of any such act shall be extended for a period equivalent to the period of such delay. 6 Lace Goldstar! Builders FirstSeure e 2015051)7i Tenant shall provide Landlord with prier written notice of the commencement of any such alterations to the Demised Premises, which notice shall include a complete set of construction drawings to the extent the same are prepared. If .Landlord fails to respond to Tenant's request to make alterations to the Demised Premises within thirty (30) days of the date of such notice by 'Tenant of Tenant's desire, Landlord's consent shall be deemed to have been denied. Any work performed by Tenant, or at it behest, shalt be done in a good and workmanlike manner, using only first quality materials, and in compliance with.all there existing applicable codes, ordinances, laws and regulations. Tenant shall not, at any time, permit any work to be performed on the Demised Premises, except by duly licensed contractors or artisans, each of whom must carry adequate workers compensation insurance, general public liability insurance, and "all-risk" builders risk insurance, certificates of which shall at all times be finished to Landlord prior to commencement of any such work. Tenant shall obtain all building and other permits as niay be required by any governmental authority having jurisdiction thereof, Landlord shall cooperate and assist Tenant with getting all approvals and permits for the Proposed Improvements, including specifically, but not limited to, obtaining the appropriate deed restriction on the amount of the .Impervious Transfer Land the County requires to penult the Proposed. improvements. If Tenant makes any alterations or improvements in. or to the Demised Premises, Tenant must pay tar same when made or make satisfartory meangements in order to avoid any lien from being fled against the Demised Premises. Tenant shall keep the Demised Premises free from any liens arising out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant. Nothing in the Lease shall be construed to authoric Tenant or any person dealing with or under Tenant to charge the rents of the Demised Premises or the interest of Landlord in the estate ofthe DemisedPremises or any person under or through whom Landlord has acquired its interest in the estate of the Demised Premises with a mechanic's lien or encumbrance of any kind, and render no circumstances shall Tenant be construed to be the agent, employee or representative of Landlord in the making of any such alteration or improvements to the Demised Premises, but, to the Contrary, the right or power to ebei-ge any freer, claim or encumbrance of any kind against Landlord's rents or the Demised. Premises is denied. Tenant shall hswve the obligation, to notify any person Of entity supplying labor or materials for or at the behest of Tenant to the Demised Premises that such work is for the exclusive benefit of Tenant in order to notify the provider thereof that Landlord's interest in the Demi: ed Premises is net subject to impression of a lien. with respect thereto. if a mechanic's or materiaixnen's lien is threatened by any contractor, or in the event ofthe filing of a notice of any such lien, Tenant vviil promptly pay same or take stops immediately to have the same removed. If tine same is not removed within ten (10) days from the date of written notice from Landlord, Landlord shall have the right, at Landlord's option, of paying the same or any portion thereof and the amount so paid, including reasonable attorneys' .lees and expenses associated therewith and interest on any sums and expenses paid or advanced from the date of expenditure turd] the date of reimbursement by 'Tenant, shall be deemed to be Rent due from Tenant to Landlord and shall be paid to Landlord immediately upon rendition to Tenant of a statement for same. Tenant shall indemnify and save harmless Landlord from and against all losses, claims, damages, costs or expenses (including reasonable attorneys' fees) suffered by Landlord by reason of any repairs, installations or improvements, made by or at the behest of Tenant except as a rcault of Landlord's gross negligence or willful misconduct. 7 iRi5e Onldston Kuildms I irstSaurcx 20130507,1 If requested by Landlord on the expiration or termination of this Lease, or vacation of be Demised Premises by Tenant, Tenant shall, at Tenant's sole expense, restore the Demised. Promises to the salve condition as eidstcd on the date Tenant first possessed the Demised Premises, excepting only ordinary wear and tear. Landlord, however, may elect. to require Tenant to Ieave in place alterations performed by Tenant at which tirrxe such alterations shall become the property of Landlord without further act or deed or the payment of compensation therefor. 8. DESTRUCTION OF DEMISED PREMISES. lfmore than seventy-five percent (75%) of the then fair market value of the improvements forming .a part of the Demised Premises are damaged Or destroyed by fire or other casualty and cannot be repaired or restored to the oonrlition that they were in immediately prior to such casualty under applicable laws within two hundred severity (270) days of the date of such casualty, notwithstanding the availability of insurance proceeds, either Landlord or Tenant may, by written notice given to the other within thirty (30) days of the date of such casualty, terminate this Lease, in which event Rent allocable to the period beyond the date of casualty shall be refunded to Tenant, If at any time during the Term, the improvements forming a part of the Demised Premises are damaged and such damage was caused by a casualty not covered under an insurance policy required to be maintained pursuant to article 10, or if the proceeds available to Landlord are insufficient to restore fully the damaged improvements owned by Landlord due to deductible amounts or otherwise, Landlord .shall, at Landlord's option, either (a) repair such damage, as soon as reasonably possible at Landlord's expense or (b) give written notice to Tenant within forty-five (45) days after the date of the casualty of Landlord's intention to cancel and terminate this Lease as of the date of the casualty, in which event Rost allocable to the period beyond the date of the casualty shall be refunded to Tenant; provided, however, Landlord quell not have the option to exercise clause (b) above if within ten (10j days after Landlord provides notice to Tenant of its exercise of its rights under clause (b) above, Tenant deposits with Landlord a bond, cash, a letter of credit or other reasonable seeutity equal to the sum determined by Landlord in Landlord's reasonable opinion of the cost to restore fully the damaged improvements either owned by Landlord or Tenant to the extent not he covered by applicable insurance proceeds, in which case, Landlord shall thereafter use such available insurance proceeds and sums deposited by Tenant to repair such damage as soon as reasonably possible consistent with the Billowing paragraph. If the Lease is not so terminated as set forth above, Landlord shall as expeditiously as possible rebuild or restore the improvements owned by Landlord located an the Demised Proses to substantially the condition such were immediately prior to such casualty to the extent of available insurance proceeds. Notwithstanding any other provision contained herein to the contrary, if the Demised Premises or any portion thereof are darriaged or destroyed by cause doe to the neglect or willful act of Tenant, its employees, agents, contractors, licensees or invitees, Landlord Oall have no obligation to Tenant of any kind whatsoever with respect to any duty to rebuild, restore or repair the Demised Premises so damaged, and Landlord may proud to restore sail�ch damage without prejudice to its right to make a claim against Tenant to the extent of Landlord's loss, if any, and there shall be no abatement or apportionment or other sums due Landlord. Lemc GoldY1wi Auildcrs FIRNoprce 20150507.1 In the event of any partial or total dcslruc;tion of the improvements forming a part of the Demised Promises, then during the period between the date of casualty until the repairs arc completed or until this Lease is terminated as herein provided, the Rent shal I riot be reduced if during such period Landlord makes a commercially reasonable, good faith effort (i) to repair or arrangements therefor are proceeding, or (ii) pursuant to the terms of this section 8, to determine whether to -terminate this Lease. 9. ASSIGNMENT - SUBLEASE. 9.1, Tenant shall not assign (by operation of law or otherwise) or encumber this Lease or sublet the Demised Premises or any portion thereof without Landlord's written consent, which consent Landlord may not unreasonably withhold or delay. If Landlord fails to respond to Tenant's zecluest to assign, sublet or encumber within thirty (30) days of the date of such notice by Tenant of Tenant's desire, Landlord's consent shall be deemed to have been denied. Any assignrnorlt or subletting, with or without Landlord's consent, shall not relieve Tenant from its obligations to pay the Rent and to peilorrri all the other obligations to be performed by Tenant hereunder not shall the acceptance of Rent by Landlord from any such assignee or sublessee be deemed to be .consent to any such assignment or subletting. 9.2. For purposes of this article 9, the word "assignment" shall include the following: if Tenant is a partnership or limited liability company, the withdrawal or change, whether voluntary or involuntary or by operation of law, of partners or members owning fifty percent (50%) or more of the partnership or limited liability company, or the dissolution thereof or if Tenant consists of more than eine person, an assignment, whether voluntary, involuntary or operation of law, person;corporation, any dissolution. or reorganaivation ap b3' one o • or: if Tenant is a ea orati of Tenant, or the sale or other transfer of a controlling percentage of the voting stock of Tenant, or the sale of all or substantially all of the assets of Tenant. This section 9.2, however, shall not apply when Tenant is a corporation, the outstanding voting stock of which is listed on nationally recognized security exchange or one hundred percent (100%) of its voting stock is owned by another corporation, and the voting stock of such other corporation is so listed on a nationally recognized security exchang. 9.3. Notwithstanding anything to the contrary herein contained, Tenant may assign or sublet all or any portion(s) of the Demised Premises at any time to a wholly owned subsidiary of Tenant, nt, to a parent entity of Tenant, to an entity under common control with 'Tenant, or to the entity with which or into which Tenant mayxnerge, whether or not Tenant is the survivor of such merger (collectively, a "Permitted Transferee"), without the need for Landlord's consent to such assignment or subletting, but with at least five (5) days prior written notice to Landlord. 9.4. Tenant is not, may not become, and shah never represent itself to be an agent of Landlord; and Tenant expressly recognizes that Landlord's title is paramount, and that it can do nothing to affect or impair Landlord's title. 9.5. If Tenant desires the consent of Landlord Co sublease or to assign, Tenant shell submit the sublease or assignment to Landlord for its prior approval, together with the following documents: (a) a complete financial statement of the subtenant or assignee with an authorization to verify the saute; (b) a declaration by the subtenant er assignee as to the type of business to be 9 Lease C3oldslon fuildete Pilseiourx2' 150307.1 carried out on the Demised Premises; (c) payment or a $2,000 fee for processing and approval of the sublease or assignment documents; and (d) proof of payment of all leasing commissions, if applicable. 9.6. If the Demised Premises or any part thereof is subleased or occupied by anyone ether than Tenant, Landlord may, after an event of default by Tenant, collect rent from such subtenant or occupant and apply the net amount collected to.Rent provided that no such act shall be deemed (i) a waiver oldie provisions of this article 9; (ii) the acceptance of the subtenant or occupant as a tenant; or (fie') release Tenant from further performance by Tenant of the covenants on the part of the Tenant as set forth in this Lease. 9.7. Landlord shall be promptly and fully reimbursed by Tenant for all reasonable legal fees incurred by 'Landlord with respect to any proposed assignment or sublease, regardless of whether the assignment or sublease is approved. 9.8. If pursuant to any assignment or sublease other than to a Permitted Transferee, Tenant receives or has .a right to receive any monies, rental payments or other consideration in excess of 'Tenant's rental obligations hereunder (after deducting therefrom. all of Tenerife reasonable costs to aeon* the transaction, such capital costs amortized on a straight -fine basis over the remaining tem of the Lease (in the case of an assignment] or of the sublease, as appropriate), one=half of such excess amounts from any sublease or assignment shall, when due or payable, be imtnediately delivered or paid to the landlord by Tenant or any such assignee or subtenant as additional monthly rent. 9.9. Tenant will not be entitled to make, nor will Tenant make any claim and Tenant by this section waives. any claim, for money damages (either directly or by way of setoff, counterclaim or defense) based upon any claim or assertion by Tenant that Landlord was Xeeuired to consent Or approve a proposed assignment er sublet as provided in this article 9; Tenant's sole remedy will be an action or proceeding to enforce any such provisions by specific performance, iejuuetion or declaratory judgment. 10. PUBLIC LIABILITY AND HAZARD INSURANCE. 10.1. Prior to taking possession of the Demised Premises, and thereafter at least ten (10) business days prior to the renewal dates of any insurance policy required under this article 10, and at any other tunes within ten (10) days of request therefor, Tenant shall deliver to Landlord copies of original policies, or satisfactory certificates thereof, and a receipt showing payment of the next year's premium. All such policies shall be non -assessable and shall contain language, to the extent obtainable, that (i) any loss shall be payable notwithstandin E any act or negligence of Landlord or Tenant that might otherwise result in forfeiture of t e insurance, (ii) Such policies are primary and non-contributing with any insurance that Landlord nray carry, (iii) such policies cannot be canceled or changed except after thirty (30) days' prior written notice to Landlord; and (iv) provide that any loss shall be payable notwithstanding any act or negligence of Landlord or Tenant which might result in a forfeiture thereunder or the amount of proceeds payable, 10.2. Throughout the 'feria, Tenant at its sole cost and expense shall keep or cause to be kept for the mutual benefit of Landlord, Landlord's Mortgagee (as defined. in section 13.1 10 Lem 0 1datei Midden iirsititu3rce2O!5051)7.1 hereof), and Tenant the following insurance: (1) cornme1'eial general liability insurance naming Landlord and Mortgagee as additional insureds against any and all claims for bodily injury and property damage occurrwg in, or about or arising out of Tenant's, Tenant's authorized representatives, and anyone forwhom Tenant is responsible arising uric of and in connection with the Demised Premises, with combined single limit coverage of .at least $5,000,000.00 per occurrence and $5,000,000.00 aggregate limit (end if Tenant has other locations that it owns or leases, the policy shall include an aggregate limit per location endorsement), and which shall insure Tenant's performance of the indemnity provisions contained herein; provided, however that in no event shall the hinds of such insurance be considered as Ittmiti-ng the liability of Tenant under this Lease; (il) hazard insurance with. an extended coverage endorsement and with such other endorsements as Landlord shall reasonably rcgvire naming Landlord and the Mortgagee as additional insureds insuring the Demised Premises and all improvements and personalty belonging to Landlord against loss by fre and all of the isle$ and perils usually covered by an extended coverage endorsement to a policy of hazard insurance in the amount of the full replacement value thereof, (id) personal property insurance insuring all equipment, merchandise, trade fixtures, inventory, fixtures and personal property located from time to time on or in the Demised Premises for perils covered by the causes of loss -special for (all risk) inclusive of insurance against sprinkler leakage, vandalism and malicious mischief such insurance to be written on a replacement cost basis in an amount equal to full replacement value of the aggregate of the foregoing property; (iv) worker's compensation insurance in accordance with statutory law and employers' liability insurance with a limit of not less than $100,00() 00 per employee and $50O,000;00 per occurrence; .(v)renter's or business interruption insurance in an amount equal to one (I) year's rent; (vi) such other insurance as Landlord shall reasonably require consistent with Tenant's permitted use and prudent business practices in similar properties; and (vii) such other insurance as required by law. All proceeds derived from any claim made under a policy or policies described under clause (ii) above shall be paid to Landlord and shall be applied (to the extent necessary) to the repair and restoration of the Demised Premises, but only if Landlord is required to repair or restore such 'loss or damages under article. 8, With the excess proceeds, if any, being retained as the sole and exclusive property of Landlord. 10.3, All policies of insurance required of Tenant herein shall be issued by insurance companies, with a general policy holder's rating of not less than "A" and a financial rating of not less than V{li as rated in the most current available Best's Insurance Reports (or if Best's ratings axe changed or discontinued, the parties shall agree upon a comparable method of rating insurance companies), and qualified to do business in 'North Carolina, which policies shall be for the mutual and joint benefit and protection of Landlord and 'Tenant. Any deductible amounts under any insurance policies required under this article 10 shall not exceed $50,000.00. Not more frequently than onceeach year, Landlord may require the limits ol'such policies to be increased if in its reasonable judgment (or that of the Landlord's Mortgagee), the coverage is insufficient. 10.4. If Tenant shall fail to procure insurance requiir'edunder this article 10 and fail to maintain the same in force continuously during the Term, or if Tenant shall fail to pay for any increase in prerniilms required hereunder, Landlord shall be entitled to procure the sauce and Tenant shall immediately reimburse Landlord for such premium expense, plus interest /he,,eon frorrl the date of expenditure by Landlord until the date of reimbursement by Tenant. In order to collect such reimbursement, Landlord shall have art the rernechea available to it under this Lease for a default in the payment of Rent. 11 1 case Co1dsion rluilercrs FirstSaerca 20150507.1 11. WAITER OF'UIBROGATION. Notwithstanding any terra or provision of this Lease to the contrary, Landlord. for itself and its successors and assigns, releases and waives unto the Tennant, its heirs, successors and assigns, end the Tenant for itself, and its heirs, suecessors and assigns, releases unto the Landlord. its successors and assigns, all right to claim damages for any injury, Toss, cost or damage to persons, or to the Demised Premises, or the Tenant's personal property, owned by Landlord or Tenant, which is occasioned by fire, explosion, accident, occurrenee or condition, in, on or about the Demised Premises or any other casualty, the amount Of which injury, loss, cost or dat rage has been paid either to Landlord, 'Tenant or to any other person, firm or corporation under the terms of any Ere, extended coverage, public liability or other policy of insurance; provided that said release is effective only with respect to matters covered by insurance procured by Tenant and for which waiver(s) of subrogation apply. AlI policies of insurance carried and maintained pursuant to this Lease by Tenant shall contain, or be endorsed to contain, a provision whereby the insurer thereunder waives all rights of subrogation against Landlord and Tenant. 12. TF NANT'S COMPL1ANCP : INDEMNITY. LIABILITY, 12.1. Tenant shall comply with all appiicab[e laws, ordinances, and regulations affecting the Demised Premises and Tenant's use and occupancy thereof. Tenant will protect, indemnify and save harmless Landlord from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation, reasonable attorneys' fees and expenses by reason of (i) any accident, injury to or death of persons or foss of or damage to property occurring on or about the Demised Premises or any part thereof; (iii) any use, nonuse or condition of the Demised Premises or any part thereof, (iii) any failure on the part of the Tenant to perform or comply with any of the terms of this Leese, (iv) any liability arising from tho conduct of Tenant's business or from any activity, work, or thirj; done, permitted or suffered by Tenant in or about the Demised Premises, (v) any liability arising from any act or omission. of Tenant or its agents, contractors, employees, licensees or invitees, in or about the Demised Premises, (vi) failure of Tenant to maintain or pay any costs under the Driveway Easement for which Ten/Dais Obligated under this Lease, or (vii) failure of Tenant to maintain or pay any casts with respect to the septic system and related sewer lines serving the Demised Premises and. the Wooten Tract for which Tenant is obligated wider this Lease, or (viii) performance by persons other than Landlord, and Landlord's agents or employees of any labor or services or the furnishing of any materials or other property in respect to the Demised Promises, or any part thereof; provided, however and excepting any and all liabilities, olefins, damages, nr penalties arising out of Landlord's gross negligence or willful misconduct; arising out of Landlord's breach of any representation or warranty expressly set forth or referenced in this Lease, or arising ant of a condition which existed as of the date of this Lease. Tenant assumes all risk of damage or loss to its property or injury or death to persons in, on, or about the Demised Premises, from all causes except those for which the law imposes liability .on Landlord regardless of any attornpted waiver thereof, and Tenant hereby waives such claims in respect thereof against Landlord. The provisions of this section 12.1 shall survive the expiration or termination of this Lees:. 12.2, Tenant hereby agrees that Landlord shall not be liable for injury to 'Tenant's business or for any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or 12 Lease Oak/Stun Builtl<ry FirRlSnurce 20150507.1 1 about the Demised Premises, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising upon the Demised Premises, or from other sources or places and regardless of whether the cause of'such damage or injury or the means of repairing the sarnc is inaccessible to Tenant, but other than if caused. by Landlord's gross negligence or willful xnisconduct or resulting from Landlord's breach of any covenant or obligation under this Lease. 1.2.3.. If any action, suit or proceeding is brought against Landlord by reason of any such occurrence, Tezzattt, upon Landlord's request, will, at Tenant's expense, resist and defend such action, suit or proceeding, or eause the same to be resisted and defended by counsel designated by Tenant, but subjeet to approval by Landlord. The obligations of Tenant under this article 12 shall survive any expiration or termination of this Lease_ 13. SUBORDINATION - ATTORN MBNT. 13.1. This Lease shall be deemed subject and subordinate to any deed of trust or mortgage (collectively, "Mortgage") which may heretofore or hereafter be executed by Landlord. covering all or any part of the Demised Premises, unless the beneficiary of such Mortgage ("Mortgagee") requests that this Lease be superior to its Mortgage, provided, in exchange for such subordination, the Mortgagee agrees not to disturb Tenant's possession under the Lease for as long as Tenant timely performs its obligations pursuant thereto, If proceedings are brought for foreclosure of any Mortgage on the Demised. Premises, Tenant will attorn to the purchaser at the foreclosure sale and recognize such purchaser as landlord. 13.2. Tenant shall agree to give Landlord's Mortgagee notice of, and a reasonable opportunity to cure, any Landlord default, and to a.ecept such cure if effected by Landlord's Mortgagee. Tenant further agrees to permit such Mortgagee (or the purchaser at any foreclosure sale) oat acquiring title to become substitute landlord with liability only for such landlord obligations as accrue atter title is so acquired. 13.3. Landlord agrees to keep Tenant informed at all times of the name(s) and addresses of all Mortgageos of Landlord's interest in the Demised Premises during the Terrn. Failure of Landlord to keep Tenant so .informed shall relieve Tenant of its obligations under this article 13 to give notice of a default by Landlord to Landlord's Mortgagee: As of the date hereof; the Demised Premises is encumbered by a mortgage in favor of PNC Bank, N.A., with a notice address of 1600 Market Street, 28th Floor, Philadelphia, PA 19103, Attn: Mark. A. Gittelman, Esq. 13.4. Tenant agrees, within. ten (10) days of request by Landlord, to execute and deliver to Landlord a statement in written form prepared by 1.,andlord, the Mortgagee or a purchaser of the Demised Promises certifying that this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is in full force and effect as modified and stating such lnodifinations); that 'Tenant has no defenses, offsets or counterclaim against its obligations to pay Rent hereunder and to perform its other covenants under this Lease; 13 Lease Cioldslun Builders Fitsf.5nurec 20 1505117.1 that that eve no uncured defaults of Landlord or Tenant (or, if there are any defenses, offsets, counterclaims or defaults, setting them. forth in reasonable derail); the dates to which Rent and other charges have been paid; and such other information requested by the prcparer of the estoppel form, which statements may be relied upon by any prospective purchaser or lender, and Tenant shall be liable for all loss, cost and expense resulting from the failure Cif any sale or fuinding of any loan caused by any matezial iriisreprescntation contained in such estoppel certificate. 13.5, This article 13 shall apply to any and all existing Mortgages, as well as any and all Mortgages to be entered into during the -Term. 14. SION&. Tenant shall have the exclusive right to place Tenant's signs in, on and about the Demised Premises, provided the same are (1) in compliance with the law; including all zoning permits and approvals, and any applicable covenants and restrictions; (ii) purchased and installed at the sole cost and, expense of Tenant; and (iii) removed from the Demised Premises at the expiration or earlier termination of the Tern, with all damages caused by the removal to be repaired by Tenant. Tenant shall be responsible ble for all applications, fees and permits required in ponjnmctinn with such signage. 15. LANDLORD'S ACCESS TO DEMISED PREMISES. Landlord shall have the right, either itself or through its authorized agents, with prior oral or written notice to Tenant (except in the case of an emergency, in which case no notice shall be necessary) (i) to enter the Demised Premises at all reasonable times to examine same; (ii) to show them to prospective tenants for the Demised Premibes within 180 days prior to the expiration date hereof (iii) ttn allow inspection by Mortgagees; and (iv) to make such repairs, alterations, replacements, or changes as Landlord deems reasonable or necessary because of the failure of Tenant to perform such repairs, alteration or replacements as Tenant is vbligatcd under this Lease. 16. t VEJ'NTS OF DEFAULT .AND LANDLORD'S PREMISES, 161. Tenant Nall be in default ("Detente) under this Lease irony one (1) or more of the following events shall occur: 16.1.1. if Tenant shall hi! to pay Base Rent or any installment thereof or any other Rent for a period of ten (10) days after the due date therefor, provided, however, that Landlord shall waive such Default for the first failure to pay such Rent in any twelve month pcnod if such Rent or any installment thereof is paid within ten (TO) days of written notiee by Landlord of lie failure by Tenant to timely make such payment; 16.1,2. if Tenant shah make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due, or steal] file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future statute, law or regulation, of shall file an answer adrniuing or not contesting the material allegations of a petition against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver, or liquidator of Tenant or any 14 Lcae r.k)Idston Builders rirsiSuurcc 21)150507.1 material part of its properties, and such proceedings are not dismissed within thirty (30) days of the institution thcrcof 16.1,3, if within thirty (30) days after the commencement of any proceeding against 'Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future statute, law, or regulation, such proceeding shall not have been dismissed, or if, within thirty ('30) days after the appointtuent without the consent or acquiescence of Tenant or of any material part of its properties, such appointment shall not have been vacated; 16.1.4. if Tenant t shall 'vacate or abandon the Demised Premises and fail to provide continuous proper security and protection for the Demised Premises and such vacation or abandonment shall continue for a period of five (5) days; 16.1.5. if Tenant shall fail to conduct its activities on the Demised Premises in accordance with, shall violate, shall fail to maintain, kcep in force and otherwise comply with, or shall permit the revocation or forfeiture of any special use or conditional use ponnit issued or granted by any governmental agency having jurisdiction thereover which is applicable to the Demised Premises; I6.1.6. if Tenant's intede t.in this Lease or the Demised Premises shall be subjected to any attachment, levy or sale pursuant to any order or decree entered against 'Tenant in any legal proceeding and such order or decree shall not be vacated with thirty (30) days of entry thereof; article 21; 1.6.1.7. if "Tenant shall violate, breach or fail to comply with any provision of 16.1.8. if Tenant shall fail to perform or comply with any provision of this Lease, other than as specified in subsections 161.1 through 16,1.7, and such failure shall continue for more than thirty (30) days alter written notice thereof from Landlord, or if such .failure cannot be curcd within said thirty (30) day period, Tenant shall not, within such period, commence the curing of such failure, and complete the curing of such failure within a reasonable time thereafter but in no event later than sixty (60) days after notice. 16.2. 3n the event of a Default by Tenant hereunder, then and in any such event (regardless of the pendency of any proceeding which, has, or might have, the effect of preventing Tenant from complying with the teams of this Lease), Landlord, at any time thereafter, and with or without terminating the Lease (except as to subsection 16.2.5 Hereof), may: 16.2.1. Reenter the Demised Premises and correct or repair any condition which shall constitute a failure on Tenant's part to keep or perform or abide by any term, condition, covenant, or agreement of this Lcasc. Tenant shall reimburse and compensate Landlord within fifteen (15) days after delivery of any statement to Tenant by Landlord for any expenditures made by Landlord in making such corrections or repairs. 15 Lem Guldmwlr Builders I:irst.Source 20150507,1 16.2.2_ Reenter the Demised Premises and remove Tenant and all other persons and any and all property lion the Demised Premises, by peaceful means, summary proceedings, ejectment, or otherwise. 16.2.3. Relet the Demised Premises or any part thereof for such time or times and at such rent or rents and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; and landlord may make any alterations .or repairs to the Demised Premises which it may deem necessary or proper to facilitate such reletting. Tenant shall pay all reasonable costs of such reletting including the reasonable cost of any such alterations and repairs to the Despised Premises; and, if this Lease shall have not been terminated, then, landlord may require Tenant to continue to pay all rent and other obligations of Tenant due under this Lease up to and including the date of beginning of payment of Rent by any subsequent tenant of part or all of the Demised Premises, and. thereafter Tenant shall pay monthly during the remainder of the Term the diffeieece, if any, between the rent and -all other sumo collected from any such subsequent tenant or tenants and the Rent reserved in this Lease, but Tenant shall not be entitled to receive any excess of any such rents and other sums collected over the Rent and other sums reserved herein, 16.2.4. Declare the entite amount of all Rent and all other monetary obligations ofTenant hereunder which would have been owed by Tenant, from the date of Default to the end of the Terset had there been no Default, at once due and payable in full, discountux1 at a rate of seven percent (7%)1er yea 16.2.5. Terminate this Lease. This Lease shall be deemed to have boon terminated upon receipt by 'tenant of written notice of such termination, and upon such termination, Larellord shall have and recover from Tenant all damages Landlord may suffer by reason of such termination, including, without limitation, the cost (including legal expenses and reasonable attorneys' fees) of recovering possession of the Demised Premises which are necessary or proper to prepare the same .far reletting. In addition thereto, Landlord, at its election, shall have and recover from. Tenant an amount equal to the excess, if any, of the total amount of all Rent and other sums to be paid by Tenant for the remainder of the Term over the then reasonable rental value of the Despised Premises for the remainder of the Term. 16.2.6. Pursue all other rights and remedies provided by law, or in equity, to a landlord with respect to a defaulting tenant. 16.3. Notwithstanding the foregoing, 'Tenant hereby acknowledges the importance. of maintaining the conditional and special lase permits issued in connection with the activities on the Demised Prernisses and that the continuing vitality of such permits materially affects in a positive manner the value of the Demised Premises and the Landlord's interest therein. Therefore, Tenant expressly acknowledges and understands that a violation or a default under subsection 16.1,5 of the Lease constitutes economic waste of the Demised Premises by the Tenant; and in addition to any falser remedies at law or in equity that the Landlord may have for a violation of subsection 16,1.5, Tenant shall be liable to the Landlord for the dinaintit en in value of the Demised Premises and the Landlord's interest therein as a result of the breach of subsection 16.1,5 ofthis Lease. 16 1,ense..4;01dsten Builders P&S+Suunx 20150507,1 16.4. All of the rights and remedies conferred upon Landlord by the terms of sections 16.2 and 16.3 are cumulative and not exclusive of any other right or remedy, and may be exercised singly or in combination at Landlord's sole election. No waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver of the same at a later time. 17. NOTJ('FS. Any notice or submission required or permitted under this Lease shall be in writing, shall he delivered in a manner stated in this article 17, and shell be deemed to be given on the date of personal delivery, three (3) days after being sent by prepaid registered or certified or the next busineKs day after sending if sent by a recognized overnight courier service (such as Federal Express or DI -IL), to the following addresses: Landlord: Goldston Apex Properties, LLC 7728 Grace Cove Lane Wake Forest, NC 27587 Attn: James D, Goldstonlll with a copy to: Firma, Johnston & Burwell, PA 2601 Oberlin Road, Suite 100 Raleigh, NC 27608 Attn: Roderick W. O'DonogIrue, Jr., Esq. Tenant: Builders FirstSouree—Raleigh, LLC 2001 Bryan Street, Suite 1600 Dallas, TX 75201 Attn: Real Estate Manager, Paul Dunn with a copy to: Builders ii'rrstSource — Raleigh, LLC 2001 Bryan Street, Suite 1.600 Dallas, TX 75201 Attn: Legal Department, Jeff Wier Any mortgagee or security interest holder of Landlord or Tenant may, by notice to Tenant and Landlord, designate and address to which notices to it hereunder shall be sent, and after such notice, a copy of any notice swat by either party hereto to the other shall simultaneously be sent to such mortgagee or security interest holder_ Landlord, Tenant, and such mortgagee may, from time to time, by notice as herein provided, designate a different address to which notices to it shall be sent. 8. HOLDOVER. Upon the expiration or termination of the Lease, Tenant shall peaceably and quietly leave, surrender and yield up unto landlord all and singular the Demised Premises in good order, condition and repair, free and clear of {i) all letting and occupancies, except as previously approved by Landlord in writing, and (ii.) all agreements, easements, encumbrances or ether liens arising from the acts or omissions of Tenant. Upon the expiration date of the Lease, Landlord may, without further notice enter upon, reenter, possess and repossess itself thereof, by peaceful means, summary proceedings, ejectment or otherwise, and inay dispossess and remove 17 Luse CinldScnn Builders FirstSource 20150507.1 t Tenant and all other persons and property from the Demised Premises and Landlord may have, hold and enjoy the same and the right .to receive all rental and other income from the same. If Tenant remains on the Demised Premises beyond the expiration or earlier termination of the Term, such holding over in itself shall not constitute a renewal or extension of this Lease, but such holding over shall result in a tenancy at sufferance, but otherwise upon the saute terms and conditions in effect, except the monthly installment of Rent shall be one hundred twenty-five (125%) percent of the Rent in effect at such expiration or termination. 19. CONDEMNATION. If the whole or any significant pall: of the Demised Premises which would materially and detrireaitally affect Tenant's use of the Demised Premises shall be taken or condemned by any competent authority for any public or quasi -public use or purpose, then, and in that event, the Terin shall be terminated, and the -Rent and all other sums payable by Tenant hereunder shall be apportioned to the date of such taking, In the event only a portion of the Demised Premises which would .not so materially and detrimentally affect Tenant's use of the Demised Premises, shall be tarn or condemned by any competent authority for any public or quasi -public use, then in that event, the Term will not terminate. and the Lease and the Rent shall be unaffected thereby, In any sttch case, each party, subject to the limitations hereinafter stated, shall be entitled to claim and receive an award of damages suffered by it by reason of such taking or conveyance, but Tenant shall not be entitled to any award attributable to the iincxpired portion of the Term. Tenant shall make no claim against Landlord's condemnation award for compensation for the Liking of 'Tenant's leasehold, but Tenant shall be allowed to prosecute a petition for its own award only to the extent of the taking of property owned by Tenant. Landlord shall, following any partial condemnation that does not result in a termination of the Lease, promptly restore. the Demised Premises as nearly as possible to the condition as existed immediately prior to such taking; provided, however, such obligation of Landlords shall be limited to the amount of the condemnation award actually paid to Landlord, and which is not required by any mortgagee of Landlord to be paid to such mortgagee for application on the mortgage debt. 20. Transfer. In the event of the sale, assignment or transfer by Landlord of its interest in the Demised Premises and/or in. this Lease (other than a collateral assignment to secure a debt of Landlord) to a successor in interest, Landlord shall he released from all of its covenants and obligations hereunder provided. Landlord's successor assunmee all, such, obligations accruing from and after the date of transfer or assignment in writing, and Tenant agrees to look solely to such successor in interest of Landlord for performance of such obligations from which Landlord isso released. Tenant shalt thereafter attorn and look solely to such assignee, as Landlord, provided Tenant. has first received written notice of such assignment of Landlord's interest and such assignee shall execute and deliver appropriate instruments assuming Landlord's obligations hereunder, as of the date of such transfer. 21. ENVIRO . a TAI. COMPLIANCE, 21.1. Tenant covenants and agrees that the Demised Premises will, at all times during the Term, be kept and maintained so as to comply with all statutes, laws, rules and regulations of all state, Federal, rncal, and other governmental and regulatory authorities, agencies, and bodies, pertaining to health, industrial, hygiene, or environmental condition, including, but not limited 18 Lease OeflesronBuildur FirsiSourcc 70i 50507.1 to, ail such statutes, laws, rules, and regulations having to do with or promulgated under the Occupational Safety and Health Act, having to du with, related to or promulgated by the Food and Drug Administration, the United States Department of Agriculture, the North Carolina Department of Agriculture, or having to do with toxic or hazardous wastes or materials, including, but not limited to, the Federal Clean Air Act, the Federal Water Pollution Control Act, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as such acts may hereafter be amended.. 21.2. Landlord and its engineers, technicians, and consultants (collectively the 'Auditor?) may, from time to time as Landlord deems appropriate, conduct periodic .tests and examinations ("Audits") of the Demised. Premises to confirm and monitor Tenant's corttplianee With this article 21, provided that Landlord shall be under ne obligation to do so. Suob Audits shall be conducted in such a manner as to minimize the interference with Tenant's permitted activities on the Demised Premises; however, in all cases, the audits shall be of such nature and scope as shall be •reasonably required by then existing technology to confirm Tenant's compliance with this article 21, Tenant shall fully cooperate with Landlord and its Auditors in the conduct of such audits_ The cost of such Audits shall be paid by Landlord unless an Audit shall disclose a failure of Tenant to comply with this article 21, in which case the cost of such Audit, and the cost of the next subsequent three (3) Audits made during the Term and within thirty (3Q) days thereafter shall be paid for on demand by Tenant: Tenant shall not cause or permit any hazardous or toxic material in violation of any laws, rules er regulations, to be brought upon, kept, used or disposed in or about the Demised Premises by Tenant, its agents, employees, contractors or invitees, if Tenant is not in compliance with this article 21, Tenant shall promptly take all actions at its sole expense as are necessary to remedy or cure such violation, provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any materiel adverse long-term - or short tern] effect on the Demised Premises; and if Tenant shall not promptly unde take appropriate re mediation. thereof, as above, landlord shall have the right to inunediately enter upon the Demised Premises to remedy any violation of Tenant notwithstanding any other provision of this !.ease. Landlord shall use reasonable efforts to minimize interference with Tenant's business to the extent practicable. 213. Tenant shall hold Landlord and its successors and assigns free, harmless, and indemnified from any claim, demand, liability, costs, penalties, fines, or charge whatsoever, including Landlord's reasonable attorneys' fees and costs, which Landlord and its successors and assigns may otherwise incur by reason of (i) Tenant's failure to comply with this article 21; (ii) the coat of bringin . the Demised Premises into compliance with all of the aforesaid laws, statutes, rules and regulations to the extent such noncompliance did net exist on the dam first above written; Oil) the reasonable costs of all appropriate tests and examinations of the Demised Premises to confirm that the Demised Premises have been brought into compliance with all such aforesaid laws, statutes, rules and regulations; and (iv) the reasonable fees and cacpenses of the Landlord's attorneys, engineers; and consultants incurred by same in enforcing and coniirrntrig compliance with thisarticle 21. 21.4. On or before the end of the Term, if landlord shall elect to have Tenant do so, 'Tenant shall, at its expense, remove, in compliance with the above enumerated statutes, and any other applicable la*vs and regulations, all underground tanks, silos, chimneys or similar facilities 19 Lease Goldston Baden FiistSoarcae 20150507 installed by Tenant on the Demised Premises, and restore the portion of the Demised Pramiscs affected by such removal to substantially the same condition as it was in on the date Tenant first possessed the Demised Premises. 21.5. The covenants and indemnities contained in this article 21 shall survive the expiration or termination of his Lease, and shall continue for so long as Landlord may be subject to liability for any matters set forth in this article 21 arising during Tenarit's use and occupancy of the Demised Premises. 22. BINDING EFFECC, Subject to express provisions hereof to the contrary, this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns during the Term, and, where expressly so provided herein, after the expiration of the Term. 23_ REAL ESTATE COMMISSIONS. Landlord and Tenant each represent that they have dealt with no broker in connection with the negotiation, execution and delivery of this Lease. If any person or entity shall assert a claim to a finder's fee, broker's .commission or other compensation on account of the alleged employment as finder or broker for a party hereto or performance of services as a finder or broker for a party hereto in connection with this transaction, such party agrees to indemnify and hold the other party harmless from and against any and all cloitvs and allcosts, expenses and liabilities incurred in connection) therewith, including hitt not limited to reasonable attorney's fees and court costs, by any other such broker, agent or other person claiming a commission or other form of compensation by virtue of having dealt with such party with regard to this Lease. This indemnity shall survive the expiration or termination of this Lease. 24. MISCELLANEOUS. 24.1, Notwithstanding anything to the contrary contained herein, in the even of any failure by Landlord to comply with or perform any of its obligations under this Lease or if Landlord commits a default under this Lease, Landlord's (and its general partners') liability shall be solely limited to the Landlord's interest in the Demised _Premises for the satisfaction of any and all monetary claims against Landlord and its principals. Notwithstanding anything to the contrary herein provided in this f Pose if Landlord or any successor in interest of Landlord shall be a. corporation, limited liability oompatry, joint venture, trust, Ran or partnership, general or limited, it is specifically understood and agreed that there +xhal1 be absolutely no personal liability on the part of such any directors or shareholders of such corporation, members or managers of such .limited liability company, joint venturer of such joint venture, trustee of such trust, members of such Win, or partners of such general or limited partnership with respect to any of the terms, covenants, and conditions of this Lease, and Tenant shall look solely to the interest of the 'landlord or such successor in interest in the reversionary interest of Landlord in the Demised Premises for the satisfaction of each and every remedy of Tenant in the event of any breach by Landlord or by such successor in interest of any of the terms, covenants, and conditions of this Lease to be performed by Landlord, such exculpation or personal liability to be absolute and without any exception whatsoever. 20 l.vssc Galdstaa Bailers FirslSourca 20150507. thereof 24.2. Headings of paragraphs are for convenience only and shall not he considered in construing the meaning of the content.s of such paragraph. 243. The invalidity of any portion of this Lease shall not have any effect on the balance 24.4. The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any term,covenant or condition herein contained. By its subsequent acceptance of Rent hereunder; Landlord shall not be deemed to have_ waived any preceding breach by Tenant of any term, Covent= or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such piecing breach at the time of acceptance of such rent. No covenant, term or condition of this Lease shall be deemed to have been waived by Landlord unless such a waiver be in writing and signed by Landlord. No payment by 'Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any cheek or payment prejudice Landlord's right to recover the balance of such Rent or pursue any other remedy in this Lease provided, Unless otherwise agreed upon by the parties in writing. 24.5. Should Landlord or Tenant institute any legal proceedings against the other for breach of any provisions herein contained, the prevailing party in such action shall be •entitled to recover its costs and expenses from the losing party, including its reasonable attorneys' fees. 24,6. This Lease shall be binding upon the respective parties hereto, and upon their successors and assigns. 24.7. This Lease constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the transaction set forth herein. No terms, conditions, warranties, promises or understandings of any nature whatsoever, express or implied, shall be binding upon the parties unless set forth in writing in this Lease. No amendment, alteration, modification of or addition to this Lease is valid or binding unless expressed in writing and signed by the Landlord and Tenant. 24.8. This Lease may not be recorded without Landlord's prior consent, however, the parties hereto agree to execute and record promptly following such execution a memorandum in recordabic form, hereto. 24.9. The singular, when used herein, shall include the plural, and the masculine or neuter include the other. 24.10. The sole relationship. between Landlord and 'tenant is that of landlord and tenant. It is iulderstood. that Landlord shall not be deemed to be a partner or joint venturer with Tenant in the conduct of'I'enant's bnsincas. 24.11 _ tf Tenant hall fail to pay any sum other than Rent, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable notice and grace period (accept for the lapsing of any insurance required to he carried 21 Lam GGurdston Builders Firs1Snurcc 20I50501.1 by Tenant hereunder, for which no notice and cure period is required), then Landlord may (but shall not be obligated to and without waiving or releasing Tenant Born its obligations) perform same on behalf of Tenant. Al! sums paid by Landlord and ail penalties, interest and costs in connection therewith, shall be due and payable by Tenant on the next day after such payment by Landlord, together with interest thereon from such date to the date of payment. 24.12. TIME IS OF THE ESSENCE IN ALL TIME LIMITS CONTAINED IN THIS LEASE. 24,13. Each individual executing this Lease on behalf of a party hereto represents to the other that such party is authorized to do so by requisite action of the board of directors, remembers or partners, as the case maybe, and agree upon request to deliver to suclm other party a resolution or similar document to that effect. 24.14: For purposes of this Lease, all monetary obligations of Tenant as required under this Lease, which are not paid when due and payable after the application. of any applicable glace period as expressly set forth hi this Lease, shall bear interest from the date when duo at the rate offifteen percent (15%) per annurn. 24.15. The Laws of the state of North Carolina (without regard to its conflicts of laws provisions) shall govern the validity, .performance and enforcement of this Lease. REGARDING ANY DISPUTE THAT MAY ARISE UNDER, PURSUANT TO, ARISING OUT OF, OR OTHERWISE IN CONNECTION WITH THIS LEASE, TENANT HEREBY IRREVOCABLY CONSENTS TO THE PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF NORTH CAROLINA, AND THAT EXCLUSIVE VENUE FOR ANY SUCH ACTION SHALL LIE IN WAKE COUNTY, NORTH CAROLINA. 24.16. Submission of this Lease for examination or signature by Tenant does not constitute a reservation of or option for lease, and this Lease shall not become effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. [The remainder of this page is intentionally left blank. Signatures are on the following page.] 22 Lease Galdston Builders 1'irstSource 20150507.1 IN WITNESS WHEREOF, Landiard and Tenant have executed this Lease as of the day and year first above mitten. Lease Qoldston Builders FirstSource 20150507.1 LANDLORD: GOLDSTON APEX PROPERTIES, LLC (SEAL) a North Carolina limited liability company By: (SEAL) James D. Goldston III, Manager TENANT: BUILDERS FIRST SOURCE — RALEIGH, LLC (SEAL) a Delaware limited liability company By: j' Name: Mahe Title: VP Con`J-ro l i✓et' 23 r (SEAL) Exhibit A Description of Demised Premises BEING the eastern 33.554 acres, more or less, of Tract 1 (the entire Tract 1 containing approximately 42.754 acres) and ail of Tract 2 (containing approximately 6.00 acres) as shown on that plat entitled "Subdivision Map for Goldston's Building Supply," Bled in Plat Cabinet 97- 285, in the office of fhe Register of Deeds of Chatham County, North Carolina; SAVPNG AND EXCEPTING THEREFROM the real property containing approximately 9.2 acres leased to S: l' Wooten Corporation as shown and/or described on attached Exhibit A-1. 24 Lest tioldnon kluilrlers FirmSourcc 201505507. L Exhibit A-1 Description of Excluded Property Leased To S.T. Wooten Corporation ("Wooten Tract") BEING the western 9.2 acres, more or less, of Tract I (the entire Tract 1 containing approximately 42.754 acres) as shown on that plat entitled "Subdivision Map for G oldston's Building Supply," filed in Plat Cabinet 97 285, in the office of the Register of Deeds of Chatham County, North Carolina. [Attached a map, survey plat of other description of the Wooten Tract] 25 1.casc C ,1datoa Builders FiratSnuroc 20150S07_ I i Exhibit 8 Option to Extend Lease Provided that (i) t'enant is not then in default under this Lease (or there has not occurred with the passage of time or the giving of notice an event that will ripen into a default); (ii) Tenant has not assigned this Lease or sublet the Demised Premisesor any portion thereof except to a Permitted Transferee; and (iii) Tenant gives Landlord at least one hundred eighty (180) days prior written notice of Tenants exercise of its option to extend hereunder (failure to give such notice being an absolute bar to any right an the part of Tenant to so extend), Landlord hereby gives to Tenant one option light to extend the Term, for an additional term of five (5) years. Upon such exercise, all the trims and conditions of this Lease shall remain and be in effect diking the extension term save and except (i) the expiration date shall be accordingly adjusted to reflect such extension, and (it) the Base Rent to be paid by Tenant during the first twelve (12) month period of such extension term shall be an amount equal to the then.markct rate equivalent for comparable property .in the Raleigh -Cary, North -Carolina area as determined by Landlord within thirty (30) days of the date of Tenant's exercise of such extension option; provided, however, that if Tenant shall give Landlord written notice of its disagreerment with .such rato of Base Rent within ten (10) days of the delivery to Tenant of Landlord's aferesaid determination of. Base Rent for the first twelve (12) month period of such extension term, then such Base Rent for the first twelve (12) month period .of such extension term shall be calculated by appraisal in accordance with the next paragraph of this exhibit, provided nevertheless that in no event shall the Base Rent due for the first twelve (12) month period of the extension term be less duen 102% of the. Base Rent due under this.Lease for the last. twelve (12) month period of the initial ten (10) year term, and further provided that increases in Base Rent for each of the years in such extension term after the first twelve (12) month period shall be determined by increasing the _Base Rent by two percent (2%) over the Base Rent in effect for the immediately preceding twelve (1'2) month period. Landlord and Tenant each shall specify within five (5) days after the delivery crf Tenant's notice of disagreement a selection of a qualified appraiser by written notice to the other. Within twenty (20) days after the selection of the last appraiser, the two (2) praisers (one selected by Landlord and the other selected by 'Tenant) shall render a joint written determination of the Base Rent for the first twelve (12) month. .period. If the two (2) appraisers are unable to agree upon a joint, written determination within the aforesaid twenty (20) day period, each appraiser shall then render liis or her determination and shall jointly select a third appraiser within such twenty (20) day period. Within ten (10) days after the appointment of the third appraiser, the third appraiser shall select one of the determinations of the two (2) appraisers duty selected. All appraisers selected pursuant to this Exhibit B shall be unaffiliated and disinterested appraisers or licensed real estatebrokers having at least five (5) year's prior experience in making similar rent value appraisals in the Raleigh -Cary, North Carolina area. 11 either of the Landlord or the Tenant fails or refuses to select an appraiser, the other appraiser alone shall determine the Base Rent for the first twelve (12) months of the extension term in accordance with the terms hereof. Each party shall bear the ices and expenses of their selected appraiser and, if necessary. to select a third appraiser, the parties hereto shall equally bear the fees and expenses of the third appraiser. The appraised Base Rent determined pursuant to this Exhibit B shall be binding upon the parties as a fair market rent. number to apply for the first twelve (12) months of the extension term. 26 Lease Gordslon Flanders FiistSoures 20150507.1 Exhibit C Base Rent Monthly Installment Year or period Annual Base Rent of Base Rent August 1, 2015 - July 31, 2016 $475,800.00 $39,650.00 August 1, 2016 - July 31, 2017 $485,316.00 $40,443.00 August 1, 2017 - July 31, 2018 $495,022.32 $41,251.86 August 1, 2018 - July 31, 2019 $504,922.77 $42,076.90 August 1, 2019 - July 31, 2020 $515,022.23 $42,918.44 August 1, 2020 - July 31, 2021 $525,322.67 $43,776.89 August 1, 2021 - July 31, 2022 $535,829.12 $44,652,43 August 1, 2022 - July 31, 2023 $546,545.70 $45,545.48 August 1, 2023 - July 31, 2024 $557,476.61 $46,456.38 August 1, 2024 - July 31, 2025 $568,626.14 $47,385.51 27 Lear Goldsluu Builders FirrtSourcc 20150507.1 Exhibit D Impervious Transfer Land Being not more than 26 acres of rear (southeastern) portion of Tract 1, containing 30.00 acres, Adore or less, according to a plat entitled "Survey for James D. Goldston, 111 and Agnes B. Goldstein," prepared by Puckett Surveyors, PILC, dated December 1 2014, and recorded in Plat Slide 2015-10, in the office of the Register of Deeds of Chatham County, North Carolina, reference to which plat is Hereby made for a more particular description.. Notwithstanding any other provision of this Lease to the contrary, the Impervious Transfer rand is not part of the Demised Premises and Tenant has no rights to possession or use of the Impervious Transfer Land except for the limited purpose of the transfer of pervious area to permit construction of the Proposed Improvements on the Demised Premises. The owner of the Xmpervious Transfer Land shall be free to use the Impervious Transfer Land and the balance of Tract 1 described above of which the Impervious Transfer Land is a part for any purposes whatsoever except to the extent such use is prohibited by the terms of any restrictive covenant, deed restriction or other agreement transferring or designating pervious surface for such improvements on the Demised Premises. 28 1maw Uinidstsrn Builders FirsiSnuree 20150507. I Exhibit E Tenant's Structural Maintenance Obligation 29 Leese Goldalan R&iiidcrs Firstkance 24150507,1 Exhibit F Proposed Improvements f 2 P• kJft Ora 15, cencepturias, end Leadgeopka run BUILDERS F1RSiSOURCE US Hwy a4 AP1X heirHnpe rcwi la ehalheal C0utyr Nalih Carake 30 f.cnsc Unid. tnn Builders Tir1Sowee 2Q150507.3 Mack Gay Associates, P.A. W . SureAsp Mhinning ltD aeFICaA rHtrT.wr.RPMn`lAaue�.%C 5:601 Mbemsc.a.enaui - rxsmuf.ms YrmbenewCtiw - rMv,moapgpaapn i Exhibit G Deed Restriction [Form to be provided by Chatham County] 31 I.case Coidston 13ui1Jcis PirsiSourcr 20150507.1 North Carolina Department of Environmental Quality Division of Water Resources Permit Number: WQ0014391 Permit Type: Wastewater Irrigation Facility Name: Facility Addressl: Facility Address2: City, State & Zip: Builders FirstSource - Apex Yard WWTF 23 Red Cedar Way Apex, NC 27523 Owner Information Details; MUST submit a Change of Name/Ownership form to DWR to make any changes to this Owner information. (Click here for "Change of Name/Ownership - foro') Owner Name: Builders Firstsource - Raleigh LLC Owner Type: Non -Government Owner Type Group: Organization *** Legally Responsible for Permit *** (Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor; or any other person with delegated signatory authority from the legally responsible person.) Owner Affiliation: 0 L ILlIington Griff Burk Addressl: 23 Red Cedar Way Address2: City, State & Zip: Apex. NC 27523 Work Phone: 919-363-4956 Email Address: L.L.h.JI;....L....E LIJ....in griff.burk@bldr.com Title: Manager Fax: 919-363-3801 *** Permit Annual Fee Billing *** Billing Month: December Invoice Number Invoice Date Invoice Due Date Invoice Amount Invoice Status Owner Contact Person(s) Contact Name Title Address L C Medlin phone Fax PO Box 981, Apex, NC 27502 919-934-2909 Email Facility Contact Person(s) Contact Name Title Permit Contact Person(s) Address Phone Fax Email Contact Name Title Address Phone Fix Email Permit Billing Contact Person(s) Contact Name Title Msbys Phone F Builders 23 Red Cedar Way, Apex, NC 27523 919-363-4956 Firstsource - Raleigh LLC ) mait 5/13/2021 Page 1 Permit Number: WQ0014391 Permit Type: Wastewater Irrigation Facility Name: Builders FirstSource - Apex Yard WWTF Facility Addressl: 23 Red Cedar Wav Facility Address2: City, State & Zip: Apex. NC 27523 Persons. with %ignatPry Authority Tvae Contact Name Title Permit gmBelimifiallinyr r Griff Burk Address Phone Fax 23 Red Cedar Way, Apex, NC JTIPIA9911,501 919-363-3801 27523 (843) 297-2714 Permit QaS....r 23 Red Cedar Ln,ex �a Bill Norris Apex, , NC (919)363-4956 27523 Email cnm g riff.b u rka b ld r_ co m bill.norris@bldr.com Designated Operators If the designated operators listed below incorrect or no longer a sodated with the collection system, the information can be updated 6y a a completed "Operator Designation Form"(Click Here for ORC Designation Form) Please provide specific details as to the changes requeste4 e addlflon/rernoval ofdesignated operators. For all other operator questions or issue*, please call9.19-807-6353. Facility Classification: SI Operator Name Role Cert a Cert Status Cert # Effective Date Randall Craig Jarrell ORC SI Active 23925 6/12/2013 Kenneth Chad Leinbach Backup SI Active 23928 6/22/2013 5/13/2021 Page 2