HomeMy WebLinkAboutNCG080780_COMPLETE FILE - HISTORICAL_20140909STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
DOC TYPE
❑COMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
❑ DI y ()Q 09
YYYYMMDD
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. John C. Pfleger
310 Sampson Street
Wilmington, NC 28401
Dear Mr. Pfleger:
John E. Skvarla, III
Secretary
September 9, 2014
Subject: Rescission of NPDES Stormwater Permit
Certificate of Coverage Number NCGO80780
Wilmington Location
New Hanover County
On August 1, 2014 the Division of Energy, Mineral and Land Resources received your request to rescind
your coverage under Certificate of Coverage Number NCG080780. In accordance with your request,
Certificate of Coverage Number NCGO80780 is rescinded effective immediately.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters
of the State without valid coverage under an NPDES permit is against federal and state laws and could result
in fines. If something changes and your facility would again require stormwater or wastewater discharge
permit coverage, you should notify this office immediately. We will be happy to assist you in assuring the
proper permit coverage.
If the facility is in the process of being sold, you will be performing a public service if you would inform the
new or prospective owners of their potential need for NPDES permit coverage.
If you have questions about this matter, please contact us at 919-707-9200, or the Stormwater staff in our
Wilmington Regional Office at 910-796-7215.
Sincerely,
for Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral and Land Resources
cc: WiRO — D. Sams
Stormwater Permitting Program
Central Files - w/attachments
Deborah Reese, DEMLR Budget — Please waive fees
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hftp://Portal.ncdenr.org/webAr/
An Equal Opportunity I Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Alexander, Laura
From: Pickle, Ken
Sent: Monday, September 08, 2014 3:01 PM
To: Alexander, Laura
Subject: RE: Stormwater permit name change request: RETURNED
Follow Up Flag: Follow up
Flag Status: Flagged
Laura,
I think we should rescind this permit based on the documentation already submitted to us, and without further
involvement from WIRO. I consider the following in arriving at this decision:
• This action began as a request to transfer coverage under an existing NCG08, with original permittee being
Waste Industries.
• We learned that Waste Industries is no longer on the site; and that the new tenant, Cape Fear Paving, is not
eligible for coverage under an NPDES stormwater permit based on the current use of the premises as a
contractor's main office and yard. We returned the Name/Ownership transfer request unprocessed after
telephone discussions with Cape Fear Paving, and email notification of Waste Industries.
1 have copied Dan Sams of WIRO on several pieces of email correspondence without comment from his office. I
think it very unlikely that it's worth their time to go out to this site to see if there are any reasons we might keep
Waste Industries covered under their current COC while Cape Fear Paving is in control of the site. In my
judgment it's certainly quicker, and therefore better to move ahead without further WIRO manpower
involvement.
So, please go ahead and rescind the permit based on the rescission request in hand and the email correspondence
record below. (Please print and include this email string in our file for NCG080780.)�
Tha nks,
Ken
From: Alexander, Laura
Sent: Monday, September 08, 2014 2:01 PM
To: Pickle, Ken
Subject: RE: Stormwater permit name change request: RETURNED
Ken,
« File: Waste Industries Rescission Request.pdf >>
John Pfleger sent a rescission request reference your below email. There is also a lease agreement attached. Let me
know if I can go ahead and rescind or if I need to send information to local R0.
Thank you!
i
f
.._ Laura
From: Pickle, Ken
Sent: Thursday, July 24, 2014 2:25 PM
To: keiths@capefearpaving.com; john.pfleger@wasteindustries.com
Cc: Alexander, Laura; Sennett, Bradley; Sams, pan
Subject: FW: Stormwater permit name change request: RETURNED
Good afternoon, Mr. Stark,
Thank you for your time this afternoon.
We are returning unprocessed your request to transfer coverage under our stormwater permit Certificate of Coverage
NCGO80780. As per your description of the commercial activities at 310 Sampson Street in Wilmington, and as I
suspected, your facility is not a regulated industrial activity under the NPDES Stormwater Permitting Program rules.
Typically a contractor's home office and yard are not regulated activities under the federal NPDES rules.
I have copied Mr. John Pfleger of Waste industries to alert him to our action on your joint request to transfer coverage.
Since we are denying the request to transfer coverage, Waste Industries remains the permittee of record. We will of
course entertain a separate request from Waste Industries to rescind their permit for _this _sit e since there is no longer
any industrial activity that would be regulated for stormwater discharges under NPDES rules. Unfortunately, our
internal procedures will not allow me to move ahead on the obvious path without Waste Industries specific separate
request to rescind the permit. Our permit rescission request form may be down loaded from this website location:
http://portal.ncdenr.org/web/Ir/npdes-stormwater
Gentlemen, please contact me if you have any questions or if I can help speed along a request to rescind the permit for
Waste Industries.
Ken
Ken Pickle
Environmental Engineer
NCDENR I DEMLR I Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919)807-6376
Fax: (919) 807-6494
Email: ken. i)ickle@ncdenr.aov
Website: htto://portal.ncdenr.org/web/IrLstormwater
** Email correspondence to and from this address is subject to the North Carolina Public Records.Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Pickle, Ken
Sent: Wednesday, July 16, 2014 10:14 AM
To: 'keiths@capefearpaving.com'
Cc: Alexander, Laura; Bennett, Bradley; Georgoulias, Bethany
Subject: Stormwater permit name change request
98 r,
Good morning Mr. Stark,
RE: Stormwater permit Certificate of Coverage NCG080780; your request to transfer coverage
I have called for you this morning, and left a message with your office.
I'm not sure you need coverage under our stormwater Genera! Permit for the operation of a general contractor's office
and yard. And I think we should speak voice -to -voice to clarify this for me.
We are in receipt of your request to transfer coverage under our stormwater permit from Waste Industries LLC to Cape
Fear Paving LLC, signed by you and John Pfleger on November 20, 2013. Assuming that you sent it to us sometime
around the signature date, I'm not sure why we have delayed responding until now. My apologies for the delay.
The application has been processed by our staff and has come to me for signature. I note that it appears that your
business activity is different in character from the Waste Industries operation that preceded you on the site. Our
permits are based on matching certain categories of industrial activity with certain General Permits lri order to control
the potential for stormwater pollution associated with the particular industrial activity at those sites. (NCG080000
matches up with the prior Waste Industries activity at your site.)
A general contractor's office and vard are not usuallv captured by the federal regulations that underlie our program. It's
not clear to me that you need coverage under our permit. Considering activities that might be related to your
operations, coverage under a stormwater permit would be required if:
• You were operating an asphalt plant at the site. If you are, coverage under NCG16-Asphalt is appropriate, not a
transfer of NCG08.
• You were operating either a fixed or portable ready -mix concrete plant at the site. If you are, coverage under
NCG14-Ready-Mix Concrete is appropriate, not NCG08.
• The site was home base for a fleet of vehicles, and you were regularly performing vehicle maintenance at the
site. If you are, NCG08 is the appropriate General Permit for stormwater discharges, and we could make the
transfer from Waste Industries to Cape Fear Paving. Some types of vehicles would qualify you for this permit,
and some other types would not. "Vehicle maintenance" is defined in federal rule to include washing vehicles
and fueling vehicles, as well as what you might normally think of as vehicle maintenance.
• You were engaged in an activity similar to the Waste Industries activity that preceded you. Again, in that case
NCG08 would be appropriate. In one way this bullet is a slightly different res-statement of the bullet
immediately above.
• You were engaged in some sort of manufacturing at the site. In that case we have 20 General Permits specific
for the industrial manufacturing sector that you are engaged in.
Initially the "Paving" in your company name caught my eye. Then the description of the permitted activities in your
lease with Waste Industries served as corroborating information, it seemed to me.
I will hold this request for permit coverage for a few more days, but then I intend to return it without granting the
permit transfer. Please contact me to discuss. I'll be out of the office this Thursday (tomorrow) through next Monday.
Unless I hear from you, I will return the application on next
Wednesday.
FYI, if we deny your transfer request then Waste Industries remains our permittee, and it could be construed that they
are still obligated to comply with the permit until they request, and we grant, rescission of the Certificate of Coverage
under our permit. I realize that this aspect may not directly concern you.
Ken
Ken Pickle
Environmental Engineer
NCDENR I DEMLR I Stormwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6376
Fax: (919)807-6494
Email: ken. pickleCa ncdenr.Qov
Website: htto://aorta1.ncdenr.orn/web/lr/stormwater
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
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Division of Energy, Mineral & Land Resources
Land Quality Section/Stormwater Permitting Program
NCDENRNational
Pollutant Discharge Elimination System
ErMFouw[,� q,+o NRllA4. P!`Al�C9
RESCISSION REQUEST FORM
FOR AGENCY USE ONLY
Date Received
Year
Month
Day
RECEIVED
Please fill out and return this form if you no longer need to maintain your NPDES stormVWRpermit.
STORMWq� NI)ERM17T N 1) Enter the permit number to which this request applies: G
Individual Permit (or) Certificate of Coverage
N I C I 5 I I I I I N I C I G 1 0 1 8 1 0 7 8 0
2) Owner/Facility Information: * Final correspondence will be mailed to the address noted below
Owner/Facility Name
Waste Industries LLC
Facility Contact John C. PFleger
Street Address 310 Sampson Street
City Wilmington State NC ZIP Code 28401
County New Hanover E-mail Address 'ohn. pfle er@wasteindustries.
Telephone No. 919 877-7523 Fax: 919 32S-3018 com
3) Reason for rescission request (This is required information. Attach separate sheet if necessary):
❑ Facility closed or is closing on . All industrial activities have ceased such that no discharges of
stormwater are contaminated by exposure to industrial activities or materials.
❑ Facility sold to on . If the facility will continue operations under the new owner it
may be more appropriate to request an ownership change to reissue to permit to the new owner.
® Other: Facility is leased to Cape Fear Paving LLC, utilized as
contractors corporate office no longer has industrial activity
meeting permitting requirements under NPDES rules. Lease_ attached.
4) Certification:
I, as an authorized representative, hereby request resdssion of coverage under the NPDES Stormwater Permit for the
subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief
such information is true, complete and accurate.
Signature
Print or type name of person signing above
Date 7/29/14
Sr. EHS Specialist
Title
Please return this completed rescission request form to: NPDES Permit Coverage Rescission
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
1612 Mail Service Center, Raleigh, North Carolina 27699-1612
Phone: 919-807-63001 FAX. 919-807-6492
An Equal Opportunity 1 Affirmative Action Employer
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I,EAS14" AGItEEiMENT
TI11S LEASE: AC1tEKAIENT ("Lease") Is made and entered into ihis3tdday of
S� 2012 by and between WASTES INDUSTRIES. U-C. a North Carolina limited
liability company ("Landlord"), and CAPE? Ir1 AR PAVING. LLC. A North Carolina limited
liability company ("'Tenant'').
I11,CITA LS:
Landlord, for and in consideration of the rents and :it I other charges and payments
hereunder and of the covenants, agrccmcnis, terms, provisions and conditions to be kept and
performed hereunder by Tenant, detnises and [cases to 'Tenant, anti 'tenant hereby hires and lakes
from Landlord, the: premises described below ("Premises"), subject to al matters hereinafter set
forth and upon and siibjeci in the covenants, agreemenis, iertlts, provisions and conditions of lhis
Lease for the term hereinafter stated.
iNO«' T11I;Itl?.FORI; Landlord and Tenant agree to the Pollowing, unless Othcrwisc
specifically modified by pi[)vision!; of this Lease-
I'E14MS.
1.1 Premises. The Premises demised by this Lease is that land lying; and being in
New Hanover County, North Carolina, and being; more parlicularly de.Kcrihcd on Exhil)ii A
attached hereto and made a part hereof, such land being located at 310 Sampson street,
Wilmington, North Carolina.
1.2 II case Tenn The teen of this Lease shall lie fora period of five (5) years
commencing August I, 2012 unleas othurwise terminated or extended as provided for herein
("'Tenn"). Upon mutual written agreement of the parties, the icrin of this Lease may he
extended.
1.3 Rent. The basic rent for the first Lease year is $120.000.00 payable in equal
monthly install ii eats ol'one; Iwclfill (1/12) of such annual amount cacti month. In addition to the
basic rent. Tendril shell pay Properly -Taxes, Insurance, and any other charges required to be paid
by Tenant hereunder (all sometimes collectively tieing; referred tons "Iten
1.4 Tenant's Limited Right to Tcrlilin.ite Lcasc. Simultaneously with executing; Illis
Lease, theTcnant has enicred into an Operation Agreement with Landlord's affiliate to permit
Tcnanl to operate certain btisincbs operations oil Ile real property located al 3612 Highway 421.
Wilmington North Carolina, pursuant to the tenns therein. The Operation Agrecinew contains a
provision entitling; Landlord's affiliate to terminate the Operation Agreement For convenience
upon a ninety (90) day written notice to 'Tenant. In the event that Landlord's affiliate exercises
this riOil to terminate the Operation Agreement for convenience, thenTenant, under this Lease,
shall have the right to Ienninate this Lease upon a ninety (90) day written notice to the Landlord.
REAL-6816-53- 376080.v3
2. DELIVERV Co POSSESSION. if Landlord is unable to deliver possession of
the Premises to 'Tenant on the Lease Commencement Date this Lease shall not be void or
voidable, nor shall Landlord be Iiable to Tenant for any loss or damage resulting therefrom, ruir
shall the expiration date of the term be extended, but in such event Tenant shall not be linhie for
any Rent or other charges due under this Lease until such time as Landlord tenders delivery of
possession of the Premises to Tenant. Should Landlord tender possession ofthe Premises to
Tenant prior to the date specified as the Lease Commencement Date, and Tenant elects to accept
such prior tender, such prior occupancy shall be subject to all terms, covenants and conditions cif
this Lease, including the payment of Rent_ Landlord and 'Tenant acknowledge and agree that
Tenant shall accept possession of the Premises as of the Lease commencement Date and that
payment of Rent shall commence on such date notwithstanding; that Tenant shall not have
completed the upfit of the Prernisr;s.
3. PAYMENT Olr RENT. Tenant shall pay Landlord the Rent and any other
payments clue tinder this Lcasc without prior notice, deduction or offset, in lawful money of the
United States in advance un or belurc the first flay of each month, except that the first niontlr's
Rent shall be paid upon the execution hereof, at the address noted in Section 26. or to such other
party or at $Lich other place as Landlord may hereafter from time to Iitne designate in %%-riling.
Rent and other amounts due tinder this Lease for any partial month at the beginning; or end of the
Lease terns shall lie prorated.
4. 11CRA1117E.l) USES. The Premise.,; are to be used only for purpuscs of
opernfing'I'enant's ongoing general contractor business specializing in site work, clearing and
grubbing, demolition. storm water, water and sewer, sidewalks, curb and gutter, paving and
related businesses ("Pennitted Uses") and for no other business or purpose without the prior
written consent of Landlord. No act shall be dome in or- about the Premises that is unlawlirl Ur
that will increase the existing rate of insurance on the Building. In the event of a breach of this
covenant, "Tenant sliall pay to Landlord any and all increases in insurance premiums r4s1111ing
From such breach. 'Tenant shall not commit or allow to be committed any waste upon the
Premises, nr any public or private. Tenant, at its expense, shall comply with all laws relating to
its use or occupancy of the Premises anti shall maintain the safety, care and cleanliness of the
Premises or the Building to ensure the preservation of good order therein.
5. COMPLIANCE WITH ENVIRONA EINTAL LAWS. In its use and
occupancy of the I'reniises. Tenant shalt at all times obey and comply its all material respects
with all lawful requirements, rules, regulations, and ordinances of all legally constituted
authorities, existing at any time and in any wiry affecting the Premises or the use of the Premises
by Tenant. Without limiting the foregoing, Tenant further covenants to keep and Maintain the
Premises in compliance with all applicable federal, stateand local laws or ordinances pertaining
to or regulating the transportation, storage, use or disposal of Hazardous Materials
("Environmental Laws"). If during the Term ol'this Lease Hazardous Materials shall
containintite the Premises or the soil or surface or ground water thereof or thereunder or there
shall be any related loss or damage to person(s) or property, except to the extent caused by
Landiord,'then Tenant shall: (i) notify Landlord promptly of any release, contamination, claim
of contamination. loss or damage, (ii) after consultation with Landlord, cleats tip such release or
contamination in compliance with all applicable statutes, regulations and standards, and (iii)
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indemnify, defend lend hold Landlord harmless fronn and against any claims, suits, causes of
action, loss, damage, costs and Pecs, including attorneys' and other professionals' and engineering
fees and costs, arising from or connc.-c:ted in wiy way with any such release or contamination,
claim of contamination, clean up of such release or contamination or other loss or dan]agc.
including, without liniiintion, the casts and expenses of environmental assessment and testing.
'this provision shall survive termination of this Lease.
As used herein, the term "Haiardous Materiah(s)" shall mean any substance or material which
has been determined by any state, recleral or local governmental alahurity to be capable of poSiTi
a risk of injury to health, surety or property, including without limitation asbestos, peiroIcon]
products, biological and medical wastes. samples or substances, explosive, corrosive or
radioactive materials and all of those materials and substances designaied as ha7iii-dour or tnsi►:
as defined in or under any applicable federal, stale or local law, and the applicable regulations
thereunder, and any other material which any governmental agency or unit having or claiming
appropriate jurisdiction shall determine from time to time to be hantttiil, tonic or dangerous.
f. 1,A'r[; CHARGES. Tenant hereby acknowledges that Rite payment to Landlolci
of Rent or other sums clue hereunder will cause Landlord to incur costs not contemplated by this
Lease, the exact amount ofwhich will he extremely difficult to ascertain. If'any Rent or other
SUM title froitl Tenant is not received by Landlord or Landlord's designated agent when due, then
Tenant shall pay to Landlord a laie charge equnI to ten percent (10%,) ofsnch overdue 11111C1liiit.
plus tiny attorneys' fees and costs incurred by landlord by reason of'Tenanl's Ihilure it) prey (tent
and other charges when due hereunder. The parties hereby agree that such late charges represent
a fair and reasonable estimate ofthe cost that Landlol'[i will incur by reason of -Tenant's last:
payment. Landlord's acccplancc of such late charges shall not constitute a waiver 0rTen ant's
default with respect to such overdue .itnounl or cslitip Landlord from exercising tiny of the other -
rights and remedies granted hereunder.
7. REPAIRS AND NIA INTENANCIs. Landlord shall maintain, or cruise to he
maintained, the roof and the stnicturai components of the building and olhcr structures located
on the premises, except any of SUCII repairs rendered necessary by the negligence or willful
misconduct ofTenaril, its agenis, customers, employces, indepencicnt c«ntraCturs, gticsts or
invitees, the repair of which shall be paid for by Tenant within ten (10) days of Landlord's
written demand, Sut�jeet to Landlord's right of access pursuant to Section 15, Tenant shall he
exclusively responsible Isar all other maintenance, repair and replacement to the exterior and
interior of the Premises. and Landlord shall bt: udder no obligation to inspect the Premises.
Tenant shall promptly report in writing to Landlord any defective condition known to it which
Landlord is required to repair. and failure to so report such defects shrill n]ake Tenant responsible
to Landlord forany liability incurred by Landlord by reason of'such conditions. Te rianl hereby
waives the right to make repairs at Landlord's expense under any other law, stattite or ordinilnee
now or hereafter in effect. In addition to file firregoing, Tenrint shall he responsible for the
repair, replacement and maintenance of ille FIVAC system. Tenant shall obtain an inintlnl
maintenance contract for the HVAC system and provide Landlord with it copy of the same.
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8. UTII,I7'IES AND SERVICES. Tenant shall be solely responsible for paying the
costs of all electric, water, natural gas (if applicable), telephone and other utility services to the
Premises and maintaining and repairing such utility systems.
9. I'll 0PE, RTN' TAXES. "Pruperty "l'akcs" shall mean any )elan ofasscssanent.
license, fee, mm tax, levy, penalty (if a result of Tenant's delinquency), or tax (other than Viet
income, e_SUIM succession, inheritance, transfer or franchise taxes), imposed l,y any authority
having the direct or indirect power to tax, or by any city, county, state or federal government or
any improvement or other district or division thereoC, an the Building or any part thereof. the
land, the parking area, or any other legal or equituble: interest (if Landlord in the s.arte. Teat.ant
shall pay to Landlord, within fifteen (15) (lays of Landlord's delivery to Tenant a copy of the tax
bills for all taxes applicable to the Premise% the a1110LIM of such biIIS. Tenant shall pay before
delinquent, any and all loxes, levied or assessed. and which becomes payable on "I'en.rnrt's
iatverttory, equipment, trade fixtures, leasehold improvements tint) other personal property
located in the Premises.
I0. LIABILITY 1NSURANCI?. Tenant sitall, at Terimit's expense, ohiain and keel)
in force during the term of this Lease, (a) hazard insurance on the Premises and all improvements
and fixtures thereon and thereto insuring the saute for its full replacement value; (b) st.utdard fire
and extended coverage insurance: on all of its personal property, including removable trade
fixtures, located in the Premises and oat its non -building standard leasehold improverricws and all
other additions and improvements (including fixtures) made by Tenanl : (c) a policy or policies
Of cutttprehensivc general liability insurance, including personal iniarry liability, contractual
liability, products and completed operations liability, mach imurannce to afford minimum
protection (which may he effected by primary andlor cscess coverage) of'not less than
$1,000,000.00 for personal injury or death in any tine occurrence (.vith S2,000,000.00 in
umbrella coverage) and ot'not less than $1,000,000.00 [or property damage in any one
occurrence (with S2.000,000.00 in urnbrella coverage). -["lie limit orally of such insurance shall
not limit the liability orTeliant hereunder. IfTenani fails to procure and maintain such
insurance, Landlord may, but shall riot he required to. procure and maintain the same, at 'tenant's
expense to be reimbursed by Tenant within tell (10) days of written demand. All insurance
required it) be obtained by Tenant hereunder shall be issued by companies acceptable to
Landlord. Thirty (30) days prior to the Lcasc Commencement Datc, 'l'cnartt shall deliver to
Landlord certificates of-liabihiv insurance: required he:rcin with loss payable clauses satisfactory
to Landlord_ Any deduclible under such insurance policy ail excess fir Otte Thousand and
Nol100ths Dollars (g1,000.00) must he approved by Landlord in writing prior to issuance ol'such
policy. No policy shall be cancelable or subject to reduction of C0%.'C age csce:pt upon thirty (30)
days' prior written notice to Landlord. All such policies shall Finite Landlord and its agents :as
named insured, shall be written as primary policies not contributing with and not in excess of
coverage which Landlord may carry, and shall be tivritten with art insurance carrier satisfactory It?
I.aandlord. Tenant shall obtain any revised or increased coverage required by Landlord within
thirty (30) days ofamy such notification from Landlord.
11. FIRE, INSURANCi"s - F IX,rURES AND EQUINMENT. Tenant shall maintain
in Fiji) force and effect on all 'Tenant's Trade fixtures, equipment and personal property on tine
Premises, a policy ofaall risk property insurance covering the full replacement value etfsuch
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property. Tcnani shall provide and keep in force Willi companies satisfactory to Landlord,
business inicmiption sand/or loss of rental insurance in an amount equivalent to six (6) months
Rent which shall not contain a deductible greater than One Thousand Dollars (S1,000.00).
Tenant shall furnish Landlord with it Certificate of such insurance naming Landlord as an
additional insured. No policy shall be cancelable or subject to reduction of coverage except upon
thirty (30) days' prior written notice in Landlord.
12. DAMACI OR DESTRUCTION. Should the Premises be dtamagcd or
destroyed by fire or other casualty, Landlord may either (i) terminate this Lease or (ii) upori
receipt of insurance proceeds, repair or rebuild the Premises, provided that such insurance:
proceeds are sufficient to so repair or rebuild the Premises to substantially original condition. In
the event that Landlord elects to repair or rebuild the Premises, Rent will be reduced to such
extent as may be fair and reasonable under (tie circumstances. Upon Landlord's termination of
the Lease in accordance with this Section 12. (i) Rent will cease and abate froni the date of"such
darnage or destruction and (ii) insurance proceeds, ifuny, paid to "Tenant on account of such
damage or destruction shall be delivered In Landlord except that any insurance proceeds paid to
Tenant for damage or destruction of Tenant's personal property shall remain the property of
"Tenant. Except io the extent of the negligent acts or omissions or willful misconduct of
Landlord or its agents, ettiployces, contractors, invitees, or licensees, Landlord is not responsible
to Tenant for any daninge caused to Tentuu's personal property and trade fixtures located on the
1'mmises.
13. AurERATIONS AND ADDITIONS: REMOVAL OF FIXTURES. Except
as otherwise provided in this Lease, 'tenant shall not make or allow to be niade any alterations,
additions or improvements ro or obi the Premises without first obtaining the written consent of
Landlord. Any such alterations, additions or improvements shall be made at Tenant's sole
expense, according to (clans and specifications approved in writing by Landlord, in compliance
with all applicable laves, by a licensed contractor, and in a food and workmanlike manner
conforming in cluality and design with the Premises existing as of the Lease Commencement
Date, shall not diminish the Valtic of the Premises and shall at once become it part ol'the really
and shall be surrendered with the Premises. Upon the expiration or sooner termination of the
term hereof, 'Tenant shall, upon ►which demand by Landlord, at "Tenant's sole expense. with due
diligence, remove any altercations additions, or improvements inadc by Tenant, designated by
Landlord to be removed, and repair any damage to the Premises caused by such removal. 'Tenant
shall remove all of its movable properlyand trade fixtures which can he removed without
damage to the Premises at the termination of this Lease, either by expiration of the teen or other
cause, and shall pay Landlord any darnages for injury to the Premises or the improvements
resulting from such removal. If Tenant shall tail to remove any of its property of any nature
whatsoever from the Premises or like improvements at the tenitination ol'this Lcasc or ►► icn
Landlord has the right of reentry, Landlord may, in accordance with the provisions of applicable
statutes goveming commercial landlord and tenant matters, remove- and store such progeny
without liability for loss thereof or damage thereto, Such storage to bG for the account and ai the
expense ofTenant. If Tcri ant !ails to pay the cost of storing any such property within thirty (30)
clays, Landlord may sell any or all such property it public or private sale, without notice to
Tenant. and shall apply the proceeds of such sale to the following costs in [lie following order:
(i) the cost and expense of such sale. including reasonable attorneys' fees, (ii) the payment of the
costs or charges for storing any such property, and (iii) the payment of any other SUITIS Which
may ilien he or thereafter become due Landlord front 'Tenant under any of the terms hereof: 'The
balance, if any, shall be paid in Tenant.
14. ACCEP TANCL OF PRE Nl lSES. Tenant has inspected the Premises and
aCCCpIS dietll ill Illeir "as is" condilion.
15. ACCESS. 'Tenant shall permit Landlord and its agents to enter the Premises al tilt
reasonable times to inspect the same; to show the Premises to prospective tenants, or inlerested
parties such as prospective lenders and purchasers: to clean. repair. allcr or improve the
Premises- to discharge Tenant's obligation- when Tenant has failed to do so wiihin a reasonable
time after written notice from Landlord: and to post notices of nonresponsibi lily and similar
notices and "For Sale" signs' and to place "For Lease" signs at any little. 'Tenant shall permit
Landlord and its agents to enter the Premises at any time in the event of an emergency.
16. «'AIVE?R 014 SUBROGATION. Whether the loss or damage is due to the
negligence Cif Tenant or Tenant's agents or employees, or any other cause, Tenant hereby releases
Landlord and Landlord's agents and employees from responsibility Ibr and ►vaives its entire
claim of`recovery for (i) any loss or damage to lfte personal properly ofTenanl located on the
Premises arising out of any of the perils Which are covered by Tenant's property insurance
policy, with extended coverage endorsements, or (ii) loss reeuliing Rom hosiness inte:rrulltion or
loss ofrental income, at the Premises, arising out ofany of the perils which May he covered by
the business interruption or by the loss of rental income insurance policy held by 'Tenant. 'Tenant
shall cause its insurance carrier(s) to consent to such waiver ofall right~ 01'suhrogulion ngainsi
Landlord.
17. INDEININl FfCATION. 'Tenant shill indemnify and hold harinless Landlord. its
agents, employees. officers, directors, partners and shareholders front and againsl any and all
liabilities, judgments, demands, causes Of action, claims, losses, damages, costs and expenses,
including reasonable attorneys' Il es and costs, arising rntt of the use, Occupancy, CUndt1C1,
operation, or managenlcni oldie Premises by, or file wiilfill Misconduct or negligence of, 'Tenant,
its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors in or
about the f'rcmises or arising froin any breach or default under this Lease b}' Tenant, or arising
from any nceideni, injury. or damage, howsoever and by whomsoever caused, to any person or
property, occurring in or chow the Premises. This indejunification shall survive termination of
this Lease. This provision shall tint be construed In inake Tenant responsible for loss. damage.
liability or expense resulting front injuries to third parties caused by the sole negligence of
I..andlord, or its officers, contractors, licensees, agents, employees, or invitees.
18. ANSIGNl1. EW1' AND SUBL1;'171NG. Tenant will riot assign, translcr, sublet
or encumber this Lease without obtaining the prior written consent of Landlord.
19, ADVERTISINC:. 'Tenant shall not display any sign, graphics, notice, picture, or
poster, orally advertising; matter whatsoever. anywhere in or about the Premises al places visible
from anywhere outside or at the entrance to the Premises without first obtaining, Landlord's
written consent thereto. such consent to be at Landlord's sole discretion. 'Tenant sliall be
responsible to maintain any perrttiitted signs and remove the same at Lease termination. If "I'cnant
shall fail to do so. Landlord may do so at "Tenant's cost. "Tenant shall be responsible to Landlord
for any damage caused tad, the installation, use. maintenance or removal of any such signs.
20. 1-1 E-NS. Tenant shall keep the Premises free from any liens arising out of any
work performed, materials ordered or obligations incuri-ed by or on behalfol'Tenant, and TCnitrll
hereby agrees to indemnify and hold landlord, its agents, employees, independent contractors,
officers, directors, partners, and shareholders harmless from any liability. cost or expense tar
such liens. Tenant shall cause any such lien imposed to lie released of record by payment or
posting of the proper bond acceptable to Landlord within tell (10) days afier the earlier of
imposition of the lien or written request by Landlord. Tenant shall give Landlord written notice
ofTenartt's intention to perform work on the Premises which might result in any claim of lien, at
least ten (10) days prior to the commencement of such .work to enable Landlord to past and
record a Notice of Nonresponsibility or other notice deemed proper before commencement of
any such work. If Tenant fails to rernove any lien within the prescribed ten (10) day period, then
Landlord may do 5o at Tenant's expense and "Tenant's reimbursement it) Landlord For such
amount, including attorneys' fees anti casts. shall he deemed additinnal Rent.
21, DE'VAULT.
21.1 "I'cnanl's Default. A default under this Lease by Tenant shall exist if any of the
following occurs:
21.1.1 II"I'cnant fails to pay Rent or any other ruin required to be paid hereunder when
21.1.2 If Tenant fails to perform any term, covenant or condition of this Least: except
those requiring the payment of money, that Tenant Ibis to cure such breach within fifteen (15)
days after written notice front Landlord where such breach could rcasoMLI)ly be cured within
such fifteen (15) clay period; provided, however, that were such ftulurc could not reasonably be
cured within the fifteen (15-) day period, that Tenant shall not he in default if it comnicnccs such
perfonnance within the lificen (15) day period and diligently thereaficr prosecutes the surnc to
completion; anti
21.1.3 1F1'cnanI assigns EIs asscis for the bencfit of its creditors; or
21.1.it II*Tenant shall have abandoned or vacated the Premiscc; or
21.1.5 The: chronic delinquency by Tenant in flit payment of monthly Rent, or any other
periodic payments required to be Paid by Tenant under this Lease, shall constitute a dclirult.
"Chronic delinquency" shall inean failure by Tenant to pity Rent, or iin), other periodic payments
required to he paid by Tenant under this Lease within three (3) days alter written notice thereof
for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period.
In tilt; event of a chronic delinquency, at Landlord's option, Landlord shall have the additional
right to require that Kent be paid by Tenant quarter -annually, in advance.
i
21.2 Rcmedics. Upon a default. Landlord shall have the Following remedies, in addition
to all other rights and remedies provided by law or otherwise provided in this Lease, to which
landlord may resort cumulatively or in the ahernative:
21.2.1 Landlord may continue this Lease in full force and effccf, and this Lease shall
continue in full farce and effect as long as Landlord does not terminate this Lease, and Landlord
shall have; tint: right to collect Rent and other charges when due.
21.2.2 Landlord may terminate Tenant's right to possession of the Premises at any time
by giving written notice to that effect. and relet the Premises or any part thereof. Un the giving
of tile notice, all of Tenant's rights in the Premises shall ter►nittatc. Upon such termination.
Tenant shall surrenderand vacate the Premises in file condition required by Section 23. and
Landlord may re-enter and take possession of the Premises and all the remaining improvements
or property and cicct Tenant or other person or persons claiming any right under or through
Tenant or eject some and not others or eject none. This Lease may also be terminated by a
judgment specifically providing for termination. Any temnination under this section shall not
release Tenant From the payment of any stun then due Landlord or from any claim for danlageti
or Rent or other suns previously accrued or then accruing against Tenant. Upon such termination
Tenant shall be liable immediately to Landlord for all casts Landlord incurs in reletting the
Premises or any part thereof, including, without limitation, broker's commissions. expenses of
cleaning and redecorating the Premises required by the reletting and like costs. Relating may be
Fora period shorter or longer than the remaining terms of this Lease. No act by I..andlord ether
than giving written notice to tenant shall terminate this Lease. Acts ofltlaifile nance, efforts to
relet the Premises of- the appointment of a receiver on Landlord's initiative to protect Landlord's
interest under this Lease shall not constitute a termination of Tenant's right to possession. On
termination, Landlord has the right to remove all 'tenant's personal property and store same at
Tenarm's cost and to recover from Tenwil as damages:
(a) The %vorth at the time of award of unpaid Rent and other sums clue rind payable
which had been earned at the lime of fernifliLliUr►; plus
(b) the worth at the time of award of the ammount by which the unpaid RCtll and other
sums due and payable which would have been payable after termination until the time of awards
exceeds the ainlo►ult of such rent loss that Tenant proves could Have been reasonably avoided:
plus
(c) The worth at the time of award of the amount by which t lie unpaid Item or other
surns due and payable for the balance of the terns after tine time of award exceeds the amount of
such rent loss that tenant proves could be reasonably avoided. plus
(d) Any ether amount necessary which is to cormpensatc Landlord for all the
detriment proximately caused by "renant's ftrilttre to perform Tenant's obligations tinder this
Lease, or which, in the ordinary course of things, would be likely to result therefrom, including,
without limitation, any costs or expenses incurred by Landlord: (1) in retaking possession of the
Premises; (ii) in maintaining, repairing, preserving, restoring, replacing, cleaning, alteritil; or
rehabilitating Ilse Premises or a portion thereof; including such acts for reletting to a new tenant
or tenants; (iii) for leasing commissions; or (iv) for any other costs necessary or appropriate to
relet the Premises: plus
(c) At Landlord's election, such other amounts in addition to or in licit of the
foregoing tts may be permilted from lime to lilac: by the laws ofthe State orNorth Carolim.
The "worth at the lime of award" ofthe amounts refierred to in Sections 23.2.2(a) anti (h)
is computed by ell lowing interest to accrue at the maximum interest rate al lotted by lacy on the
unpaid rent and other sums due and pavable from the termination date through the date ofaccard.
Tenant waives redemption or relief from forfeiture under any other present or feature law, in the
event 'Tenant is evicted or Landlord takes possession of the Premises by reason of any default of
Tenant hereunder.
21.2.3 Landlord may. with or without ternninating this Lease, re-enter the Premises and
remove all persons and properly from the Premises: such property may be removed and stored in
a public warchouse or elsewhere al the cost of and for the account of Tenant. No re-entry or
taking possession ol'the Premises by Landlord pursuant to this section shalt be constrtlt:d sus an
election to terminate; this Lease unless it written notice of such intention is liven to Tenant.
22. SUB61RDINA" ION. "]'his Lease is and shall be subordinate to the lien of any
mortgage, deed of trust, ground lense or underlying lease now or hereafer in force against the
Premises, and to al advances made or hereafter to be made upon tine security thereof. This
provision of the Lease shali be Self -operative, provided. however, that upon request of Landlord.
Tenant will cxecutc it subordination ugrccmunt or other documents evidencing slick
subordination. all in recordable form. "Tenant shall execute and return to Landlord any such
subordination documents within ten( 10) days of I andlord's written request. IfTenanl does nol
l3rovide Landlord with such subordination documents within ten (10) days of I..andlord's wrillen
request. Ihen'Tenant hereby authorizes Landlord to execute such subordination documents acting
as duly authorizer) agent for Tenant, and Landlord may declare Tenum ill delitult of this Lease,
In the event any proceedings are brought for foreclosure, or in the event of the exercise of the
power of sale under :toy mortgage or deed of trust made. by the Landlord entering the Premises.
Tenant shall attorn to the purchaser at any such foreclosure, or to the grantee ora deed it) lietl of
foreclosure, and recognize such purchaser or grantee as the Landlord under this Lease. The
provisions of this article to the corltntry notwithstanding, and so long as Tenam is not in delault
hereunder, this Lease shall remain in full force and effect for tile full terin licremider.
23. SURRENDER OF POSSESSION. Upon expiration ofthe term rtf this Lease.
Tenant shall promptly and peacefully surrender the Premises to Landlord in as good condition as
when received by "tenant from Landlord or as thereafter improved, reasonable use and wear and
tear excepted, all to the reasonable satisfitction of Landlord. If the Premises .tic: nut surrendered
in accordance with the learns of this Lease, Tenant shall indemnify Landlord and its agents,
crrlployces, independent contractors, offteers, directors, partners. and sharelnulders against any
loss or liability including reasonable attorneys' fees and census, and including liability to
succeeding tenants. rv.sulling front delay by Tenant in so surrendering the Premises. This
indemnification shall survive termination of this Lease.
24. HOLDOVER. Irrenant shall, %without the written consent ofLandlord, hold
over triter the expiration of the term of this Lease such tenancy shall he deemed a
month-to-nionth tenancy, which tenancy may be terminate as provided by applicable state law.
During such tenancy. Tenant agrees to pay to Landlord, each month, the greater or the (air
market rental value for the Premises or one hundred fifty percent (150%) of the Rent payable by
Tenant for the last month of the tents of this Lease.
25. CON DEliNINATION. if 1%v my (20) pe:rccut tor worc of the Premises or c11'such
portions of the improvements as may he required for the reasonable use rtf[lie Premises, are
taken by eminent domain or sale under threat ol'condemtlauion by eminent domain, this Lease
shall automatically terminate as of the date title vests in the condemning authority, and all Rent
and other payments shall lie paid to that date. Landlord reserves all rights to damages to the
Premises fior any partial or entire taking by eminent domain, and 'I'viiaw hereby assigns to
landlord any right Tenant may have to such damages or award, and Tenant shall make no clairti
against Landlord or llle condemning atifliority for damages for termination ofthe leaschold
interest or interference with Tenant's business. Tenant shall have [lie right to claim and recover
from the condemning authority compensation for any IQss which Tenant may incur fir "Tenant's
moving expenses, business interruption or taking OfTenant's persoturl property (twt ineluding
Tenant's leasehold interest).
26. NOTICES. All notices and deruands which may be required or perinitted to be
given to either party hereunder shall he in writing. and shall be sent by United States raaail,
postage prepaid to the addresses set out below, and In such other person or place as each party
may from time to time designate in a notice to the other. Notice shall Ix: deemed given upon the
earlicrofactuai receipt or seventy-two (72) hours after deposit in tits United Slates mail, hostage
prepaid.
If to Tcnanu
with n copy to:
If to Landlord:
B&K Coastal, LI.0
11,0. Box 2101
Wilmington, NC: 284102
Attu: J. Keith Smrlt
'I'ltc Macl)onnid Law Firm, PLLC
1508 Military Cutoff Road Suite 102
Wilnringtan NC 28,103
Attn: Jaynes A. MacDonald
Waste Industries, LLC
3301 Benson Drive, Suite (101
Raleigh. NC; 27607
Attll: Michael T. Inglc
fax No.: (91.9) 325-3013
Phone No. (919) 325-3000
10
R
with a copy to Lisa Inman, General Counsel, at the slope address.
27. NIORTGAC1:l, j,itoTEcriosN. 'Tenant agrees to give any mortgagec(s) and/or
trust deed holder(s). by registered mail, a cop)' of any notice ofdcftult served upon landlord,
provided that prior to such notice Tenant has been notified in writing (by way of notice of
assignment of rents and ]cases. or otherwise) of -the addresses of such morigagee(s) and/or inist
(Iced holder(s). Tenant further agrees that it'Landlord sliall have thiled to cure such delatilt
within the tune provided for in this Lease, then the mortgag;ec(s) and/or trust deed holders) shall
have in additional thirty (30) days within which to cure such default or if such default cannot be
curet) within that tune, then such additional time as may be necessary il'within such thirty (')0)
clays any mongagee and/or foist deed holder(s) has commenced and is diligently pursuing the
remedies necessary to Cure SUCK default (including but tlol limited to commencement of
loreclostrre proceedings. if necessary to effect such cure). in which event this Lease shall not be
terminated while such remedies are being; so diligently pursued.
29. COSTS AND A170RNEN'S' FIsI;S. If"I"cnant or Landlord shall hying any
action against the other, arising; out of"this Lease, including any suit by Landlord fur the recovery
of" Rent or other payincnts hereunder, or possession of the Premises. the losing Marty shall pay thr
prevailing patty it reasonable sum for allorneys' fees [tad COOS nl SUCh tiuel, at trial and on appeal.
and such atttlrncvs' I'Ccs and caslS Shall he c1cenled to have accrued oil the commencement of
Sl[CII action.
29. LANDLORD'S LIABILITY. Anything in this ]..case to the contrary
uutwitllstanding. covenants. undertakings and agreements liereirr made oil the Dart (if Landlord
are made and intended not for the purpose of binding; Landlord personally or the assets of
Landlord but are made and intended to bind only the Landlord's interest in the Premises, as tic
Sallie may, from time to time, he enctimhered and no personal liability shall at any time he
asserted or wilorceable against Landlord or its stockholders. officers or partners or their
respective heirs, legal representatives, successors and assigns on account of the Lease or on
account of [lily COVerlartt, Undertaking or agreerlicni ol-Umtllord in this Lease.
30, 1'sSTOPPEL CERTIFICATEX At any lime and from time to time,'Tenant shall
execute, acknowledge and deliver to the requesting; party without charge, it cerl.ificate cvidencirlg;
(a) whether or not Ibis Lease is in lull force and effect, (b) whelhcr or not this Lease has been
amended in any way, (C) whether or not there are any existing; def stilts by either party hereto to
the knowledge and bcliei ofthe certifying; party and specifying the nature nl'Ihc &filtilts if arty,
and (d) the date to which Rent has been paid. ]such certificate delivered pursuant to this Sectiorl
30 may be relied oil by any prospective purchaser or transferee of Landlord's interest hereunder
or by any holder or prospective holder ofa first mortgage of Landlord.
31. TRANSFER {W LAN D1.,(MID'S INTEREST. In the event ol'atny transfer(s) of
Landlord's interest ill the Premises, ether than a transfer for security purposes only, the transferor
shall he automatically relieved of any and all obligations arld liabilities oil the part of Landlord
accruing front and after the date ot'such transfer'. and 'Ien,lnt agrees to attorn 10 the Irtntitcrcc.
32. R.IC11T TO PERFORM. IfTenanl shall fail to pity any sun] of n]oncy, other
than pent, required to he paid by it hereunder or shall fail to perform any other acl (in its part to
he performed hereunder, and such failure shall continue for ten (10) days. Landlord may, but
shall not be obligated so to do, and without waiving or releasing Tenant front tiny obligations of
Tenant, male any such payment or perform any such other act on Tenant's part to he made or
perfomied as provided in this Lease. Landlord shall have (in addition to any other right or
remedy of Ltuullord) the same rights and remeclics in the event of the nonpayment of suins due
under this section as in the case ofdelault by Tcnanl in the payment of'Rent. All suins paid by
Landlord and all pennities, 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 at [lie
maximum rate of interest permitted by law from such elate to the elute of payment.
33. NO ACCORD OIt SATISFACTION. No payment by Tenant or receipt by
Landlord of a lesser amount than the Rent and other sums duc hereunder shall he deemed it) be
oilier than on account or the earliest rent nr t]thcr Stills clue, nor shall any endorsement or
siniement on tiny check or accompanying any check or payment be decried in accord and
satisfaction; and Landlord may accept such check or payment without prejudice to landlord's
right to recover the balance of such Rcnt or other sum and 10 pursue any other remedy provided
in this Lease.
34. CI;NIs17Al. PROVISIONS
34.1 Acceplancc. This Lease shall only become effective and binding upon 11111
execution hereof by Landlord and subsequent delivery of n signed copy io Tenant.
34.2 Marginal Headings, I;tc. The marginal headings, Tahle of Contents, lease surninary
sheet and titles to the articles of this Lease tire not a part of the Leasc and shall have no effect
upon the construction or interpretation ofany parr hereof.
34.3 Choice c-f Law. This Lease shall bC gOVCI'IlCd by and catslr IC(I in aCCordanCC with
the laws of the state of North Cavil ina.
34.4 Successors and Assigns. The covenants and conditions herein contained, subJecl to
the provisions as to assignment, inure to and bind the heirs, succe:ssDCs. executors, adminisiralors
and assigns of the parties hereto.
34.5 Recordation. Neither Landlord nor Tenant shall record this [,case, but a short -form
mcrnerandutn hereof may be recorded tit the request of either party.
34.6 Quiet I'ussesiuri. Upon Tcnaut's flaying the Rent reserved hereunder and observing
and perfonning all of the covenants, conditions and provisions on Tenant's part to tie Observed
and performed hereunder, Turiant shall have quiet possession of the Premises for file wrn] hereof.
subject to all the provisions of this Lease.
34.7 Inability to Perform. "Phis [-case and the obligations of'I'enant hereunder shall not
be affected or impaired hecause Landlord is unable to fulfill any of its obligations- hereunder or is
12
delayed in doing so, if such inability or delay is caused by reason ofstrike. lalx)r troubles. acts cif
God. or any other cause beyond the reasonable control of Landlord.
34.8 Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void,
or illegal shall in no wiry affect, impair or invalidate any miller provision here'(. rand such other
provision(s) shall remain in full force and effect.
34.9 Cumulative Remedies. No remedy or election hereunder shall be deerned exclusive
but shall, whenever possible, be cumulative with all other rerncclics at law or in ccluity.
34.10 I:ntiri: Agreement. This Lease contains the entire agreement of the parties. hereto
and no repro sewtitions, inducements, promises or tagrecinents, oral or otherwise, boween the
parties. not embodied herein, shall be ofany fiorce or effect.
34.11 NQ. Joint Venture/Partnershin, The parties expressly acknowledge that the
relationship between the I-anies is that of landlord and tenant and that no partnership,.joint
venture or other relationship exists between the parties.
THE FOLLOWING PAGI's IS TFII, SIGNATURE- PAGE�
13
•
IN WITNI'SS WHER11"OF, Landlord and 'Tenant have executed this Lease on the clav anti
year first above written.
LANDLORD -
Waste Industries. LI_C.
a Nortlt Carolina Limited liarbilitycomparny
[Iv:
Name:
es,de-17
I-E' N A NT:
Cape Fcar 1111v in& IL1.0
A North Carolina limited liability company
BY:
Nrunr:
Tit le:
14
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and
year first above written.
LANDLORD:
Wasic tnduatrics, LLC,
to North Carolina limited liability company
By: _
Name:
TENANT:
Cape Pcar Paving, LLC
A North Carolina lirnited liability company
By:
Nam e— t
Title: lz.
14
PItI,11IIISES
Being all of Tract I as shown on a survey of' Mid River Heavy Industrial Park for Samsun
Development, LLC and Sound Development General Partners recordcd in Map Book 39. Page:
33 of the New Hanover County Registy. referencc to said map heing hereby made For -.1
complete description of said property.
IS