NCG530087_Application_20200404

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PERMIT NAMEIOWNERSHIP CHANGE. I`GRM
I. CURRENT PERMIT INFORMATION:
Permit Number: NC00 1_ _ !L_I�1 or NCG5_L1Q1Ql j 17
1. Facility Name: �-t\r vq-.
II. NEW OWNERWAME INFORMATION',
1. This request for a name change is a result of:
V/a. Change in ownership of p rope rtylcompany
b. Name change only LL ah..
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✓ c. Other(please explain): G • A 5 t.r•�;�� C(d��
2. New owner's (nmme to hE put on pa.m•i,):
3. New owner's or signing official's name and title.- �"�L��'�_ \�ck 0'_�
(Person legally responsible for permit)
OWr,Zr
T (Title)
4. Mailing address:_)`L1 1 �'` ��5����-1 ��� { City:W C SyA�
State:N C_ `- Zip Code:� b_-- Phone: (�-Ll N1 1 3
E-mail address: - ?�� S r.'tl w�S �Cd� . G 6r" _
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL_
REQUIRED ITEMS:
1. This completed application foi n
2. Legal documentation of the transfer of ownership (such as a prrpp.;ty deed, articles of
incorporation, or sales agreement)
[see reverse s,da of tilis page fur signature faqui,err,en.s]
i4,vr,C'.-smdin:t Di�peftn-�4:rt of EiwirnnmriIal 0,i;0i1y i Divc; •r' :�„,�., ;. n, -
f, 7�rl,tII sz:rv,u.,CF,11er Raleigh,North Caarohne, )109-1611
911. 1 U'. "'�,;�

NPOES Name&Ownership Change
Page 2 of 2
Applicant's Certification:
I, Z,r." ;�-M', -\ �_�s d r, , attest that this application for a
namelownership change has been reviewed and is accurate and complete to the hest of my
knowledge. I understand that if all required parts of this application are riot curnpleted and that
if all required supporting information and attainments are not i►), luded, this application
package will be returned as incomplete.
Signature: Date:___
�-� - lou
THE COMPLETED APPLICOA TION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHCULD Bi: SENT TO THE FOLLOWiNG ADUDRESS:
NC DEQ 1 DWR 1 NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Version 712016

Stale of Norib CaroMa
Rev 133FF48
LANDIGROUND LEASE AGREEMENT
This Land/Ground Lease Agreement(this`Agreement")is entered into as of the 04 day of October. 2019,
(the'Effective Bate')by and between John Graf, ("Landlord')and Sunburst Trout Farms. LLC ("Tenant")
Each Landlord and Tenant may be referred to In this Agreement individually as a "Party" and collectively
as the'Par ies.'
For good and valuable consideration stated herein,the sufficiency of which is hereby acknowledged, the
Parties agree as follows:
1. Agreement to Lease.Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord.
according to the term and conditions set forth herein, the following real estate (the "Site"): Cruso Trout
Farm. 8.48 and .38 acres located at 13001 Cruso Road, Canton, NC 28M. PIN 8663-40-3340, 8662-49-
3956. Legal reference 443/2326 and 443/2326. -
2.Purpose.The Site may be used and occupied only for the following purpose (the 'Permitted Use")-
Growing and harvesting of rainbow trout. Sunburst Trout Farms may put oxygen and other improvements
onto the farm. Nothing herein shall give Tenant the right to use the Site for any other purpose without the
prior written consent of Landlord. Landlord makes no representation or warranty regarding the legality of
the Permitted Use,and Tenant will bear all risk of any adverse change in applicable laws.
3.Term.This Agreement will be for a term beginning on December 01, 2019 and ending on December
31, 2022 (the 'Term'). The Parties hereto may elect to extend this Agreement upon such terms and
conditions as may be agreed upon in writing and signed by the Parties at the time of any such extension.
4.Rent.Tenant will pay Landlord rent In advance$1,500.00 in monthly installments due on the 1 st day of
each month during the Term. No rent due until June 1,2020.
5.Additional Rent There may be instances under this Agreement where Tenant may be required to pay
additional charges to Landlord.All such charges are considered additional rent under this Agreement and
will be paid with the next regularly scheduled rent payment. Landlord has the same rights and Tenant has
the same obligations with respect to additional rent as they do with rent.
6.Taxes. Tenant shall pay all taxes or assessments which are levied or charged on the Site during the
Term.
T.Utilities.Tenant shall pay the cost of all utility services during the Term, Including but not limited to
gas,water,and electricity used on the Site.
B.Delivery of Possession. Landlord will deliver exclusive and lawful possession of the Site to Tenant on
the start date of the Term, In the event Landlord is unable to give possession of the Site to Tenant on
such date, Landlord will not be subject to any liability for such failure, the validity of this Agreement will
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not be affected, and the Tenn will not be extended. Tenant will not be liable for rent until Landlord g1ve13
possession of the Site to Tenant
9.Holdover Tenancy. Unless this Agreement has been extended by mutual written agreement of the
Parties, there will be no holding over past the Term under the terms of this Agreement under any
circumstances. If Tenant does retain possession past the Term, Tenant shall pay 100% of the then
applicable rent computed on a monthly bans for each month or portion thereof dunng such holdover. In
addition,Tenant shall be liable for any damages incurred by Landlord as a result of the holdover
10. Condition of the Site.Tenant has examined the Site and accepts the Site in its current condition"AS
IS"and WITH ALL FAULTS_"except as expressly set forth herein, landlord makes no representation OR
warranty, express or implied, or arising by operation of law, Including but not limited to, any warranty of
fitness for a particular purpose, merchantability, habitability, SUITABILITY, or condition. tenant
acknowledges that Tenant has not relied on any representations or warranties by Landlord in entering this
Agreement.
11. Use of the Site.Tenant agrees to use the Site only for the Permitted Use and will not commit waste
upon the Site. Tenant will, at its sole expense, maintain the Site in good repair and make all necessary
repairs thereto. Tenant will not use the Site for any unlawful purpose or in any manner that will materially
harm Landlord's interest in the Site.
12. improvements and Alterations.Tenant may make improvements, alterations, additions, or other
changes to the Site without the written approval of the Landlord.Tenant agrees that any construction will
be performed in a good and workmanlike manner and will comply with all applicable laws. All
improvements, alterations, additions, or other changes to the Site shall become the property of Landlord
upon the termination of this Agreement. Tenant shall have the right to erect any sign related to its
business,on the condition that such signs comply with the law.
13. Leasehold Mortgage.Tenant does not have the right to grant a mortgage, deed of trust, or other
security instrument in Tenant's interest to the Site created by this Agreement(the"Leasehold Mortgage")
to secure repayment of a loan made to Tenant to finance construction of any improvements made to the
Site during the Tenn. In no event will any interest of Landlord in the Site be pledged as collateral for or be
subordinate to any Leasehold Mortgage.
14. No Mechanics Lien.Tenant will not permit any mechanics or other liens to be filed against
Landlord's interest to the Site as a result of any work performed for or obligations incurred by Tenant.
Tenant will indemnify Landlord for any liability, cost, or expense, including attorney's fees, in the event
any such lien Is filed.
15. Permits and Approvals.Tenant will be responsible for obtaining all licenses, permits, and approvals
required by any federal, state or local authority in connection with its use of the Site. Landlord will
cooperate with Tenant and provide the necessary documents to obtain such licenses, permits, and
approvals.
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16. Compliance with Laws. Tenant covenants and agrees to comply with all federal, state and local
laws, regulations and ordinances affecting the Site and use of the Site,including applicable environmental
laws, In addition, Tenant will comply with all requirements necessary to keep in force fire and liability
Insurance covering the Site.
17.Hazardous Substances.Tenant must securely keep oxygen or any other hazardous matenal on the
Site as not to expose landlord to undue risk.
18_Insurance.At all times during the Term,Tenant will maintain insurance for the site covering:
1. Property Insurance. Property insurance covering all of Tenant's improvements. equipment, and
other personal property located on the Site.
II.General Liability. Commercial liability insurance covering bodily injury, death, or property damage
in an amount not less than$1,000.000.00 per occurrence.
Ill,Workers' Compensation.Workers'compensation and employee insurance in an amount not less
than $1,000,000.00,or as required by law.
IV.Automobile Insurance, Automobile liability insurance In an amount not less than $1,000,000.00
All insurance policies,other than worker's compensation,shall name Landlord as an additional insured or
interested party. Tenant will provide Landlord certificates evidencing the required insurance policies prior
to the start date of the Term.
19.Indemnification. To the extent permitted by law, Tenant agrees to indemnify, defend, and hold
harmless Landlord from any and all claims, actions, liabilities, suits, demands, damages, losses, or
expenses, including attorneys' fees, arising out of or relating to (i) Tenant's use and occupancy of the
Site, (1i) any work done by or on behalf of Tenant on the Site, (iii) Tenant's negligence or willful
misconduct, and/or (iv) Tenant's breach or default of any of the terms of this Agreement, provided
however, Tenant's obligations under this section shall not extend to any claims actions, liabilities, suits,
demands, damages, losses, or expenses arising from the sole negligence or willful misconduct of
Landlord.
20.Access to Site.Landlord or its agents may have access to the Site at reasonable times to inspect the
Site, to make any necessary repairs, to show the Site to prospection lenders or buyers, and as otherwise
needed to perform its obligations under this Agreement.
21. Default.The following shall each constitute an"Event of Default"by Tenant:
A.Tenant fails to make any required payment due under this Agreement
B.Tenant fails to perform any obligation or condition or to comply with any term or provision of this
Agreement.
C.Tenant files a petition for bankruptcy, reorganization or similar relief,or makes an assignment for
the benefit of creditors.
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22.Termination by Landlord.Upon the occurrence of an Event of Default by Tenant which continues for
a period of thirty (30) days after receiving written notice of the default from Landlord, Landlord has tho
right to terminate this Agreement and take possession of the Site. Landlord's rights hereunder shall be ,n
addition to any other fight or remedy now or hereafter existing at law or equity
23.Termination by Tenant. In the event of a breach by landlord of any of its obligations, covenants, Or
agreements under this Agreement which continues for a period of thirty (30) days after receiving written
notice of the breach from Tenant,Tenant has the right to terminate this Agreement, upon written notice to
Landlord, without penalty. Landlord shall return to Tenant any prepaid or prorated rent if Tenant
terminates this Agreement pursuant to this section,
24.Surrender of the Site.Tenant shall return the Site to Landlord upon termination of this Agreement in
good condition and repair, ordinary wear and tear excepted. Within sixty (60) days following the
termination of this Agreement, Tenant will remove all equipment, materials, fixtures and other personal
property belonging to Tenant from the Site. Any property left on the Site after sixty(60)days following the
termination of this Agreement will be deemed to have been abandoned by Tenant and may be retained
by Landlord.
25. Registration of the Lease.The parties shall, to the extent required by law and practice, properly
register this Lease Agreement with the relevant Land Registry Office, and any other relevant government
office that may serve as a place for registering or recording leases, within 45 days from the date that this
Lease Agreement is executed.
26. Subordination.This Agreement and Tenant's right hereunder shall be subject and subordinate in all
respects to any mortgage, deed of trust, or other lien now or hereinafter incurred by Landlord. Upon
request of landlord,Tenant Wil enter into a subordination agreement or other customary form as required
by the lien holder.
27. No Partnership.Nothing contained in this Agreement shall be deemed or construed to create a
partnership, joint venture or any other fiduciary relationship between the Parties other than that of
Landlord and Tenant. Neither Party is authorized to act as an agent or on behalf of the other Party.
28. Condemnation.In the event that all or a material portion of the Site necessary for Tenant's Permitted
Use of the Site is taken for any public or quasi-public use under any governmental law, ordinance or
regulation or by the right of eminent domain, this Agreement shall terminate on the date of such taking,
and all rent under this Agreement shall be prorated and paid to such date. In the event such taking is less
than a material portion of the Site, this Agreement shall remain in full force and effect; provided however,
the rent due under this Agreement shall be reduced to such extent as may be fair and reasonable under
the circumstances. Landlord and Tenant shall each be entitled to receive and retain such separate
awards and portions of lump sum awards as may be allocated to their respective interests in any
condemnation proceedings
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I
29. Limltation of Lfablltty.Landlord Is not responsible or liable for any loss, claim, damage or expense
as a result of any accident, injury or damage to any person or property occurring anywhere on the
Premises, unless resulting from the negligence or willful misconduct of Landlord.
30.Assignment and Subletting.Tenant will not assign this Agreement as to all of or any portion or the
Site or make or permit any total or partial sublease or other transfer of all of or any portion of the Site
without Landlord's consent
31.Quiet Enjoyment. If Tenant pays the rent and performs all other obligations under this Agreement.
Tenant may peaceably and quietly hold and enjoy the Site during the Term.
32. Force Majeure. In the event that Landlord or Tenant shall be delayed or hindered in or prevented
from the performance of any act other than Tenant's obligation to make payments of rent, additional rent,
and other charges required hereunder, by reason of strikes,lockouts, unavailability of materials,failure of
power, restrictive governmental laws or regulations,riots, insurrections,the act, failure to act,or default of
the other Pasty,war or other reason beyond its control,then performance of such act shall be excused for
the period of the delay and the period for the performance of such act shall be extended for a period
equivalent to the period of such delay.
33. Notices. All notices given under this Agreement must be in writing. A notice is effective upon receipt
and shall be delivered in person, sent by overnight courier service or sent via certified or registered mail,
addressed to Landlord or Tenant at the address stated above,or to another address that either Party may
designate upon reasonable notice to the other Party.
34. Further Assurances.Each Party hereto agrees to execute and deliver any additional documents and
to do all such other acts as may be necessary to carry out this Agreement and each Party's rights and
interests in this Agreement
35. No Waiver. No Party shall be deemed to have waiver any provision of this Agreement or the exercise
of any rights held under this Agreement unless such waiver is made expressly in writing
36. Severability,If any provision of the Agreement is held to be invalid, illegal,or unenforceable in whole
or in part, the remaining provisions shall not be affected and shall continue to be valid, legal, and
enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
37.Successors and Assignees.This Agreement
and assigns.inure to the benefit of and be binding upon the
Parties and their respective permitted
successor38,Governing Law.The terms of this Agreement
lawsll be rules.governed exclusively by the laws of the State
of North Carolina,without regard to as con
39. Disputes.Any dispute arising from this Agreement shall be resolved through mediation.
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40.Amendments. This Agreement may not be modified except In writing signed and acknowledged by
both Parties.
0.Counterparts.This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original,and all of which together, shall constitute one and the same document
42.Headings.The section heading herein are for reference purposes only and shall not otherwise affect
the meaning, construction, or interpretation of any provision in this Agreement.
43.Entire Agreement.This Agreement constitutes the entire understanding between the Parties and
supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to the
Site.
44. Miscellaneous. • Option to renew lease at end of current terms. • Lessor will receive free fish for his
family only. Lessor must tell lessee how much fish he is taking in order to keep appropriate inventory
counts.
IN WITNESS WHEREOF,the Parties hereto,individually or by their duly authorized representatives have
executed this Agreement as of the Effective Date.
John Graf
ord Signature Landlord Full Name
Sunburst Trout Farms, LLC
1 enantfAuthorized Signature Tenant Full Name
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