20140903 Ver 1_More Info Received_20140905

Homewood, Sue
From: Sherman, Sara J.
Sent: Friday, September 05, 2014 3:58 PM
To: Homewood, Sue
Subject: RE: Burch Station 401 application
Attachments: BurchStationLeaseFebruary20l3 .pdf, Agent Auth letter surryco.pdf
Thanks Sue,
Attached are pdf's of the lease and the letter. The lease expires in February 2025.
Thanks,
Sara
From: Homewood, Sue
Sent: Friday, September 05, 2014 3:42 PM
To: Sherman, Sara J.
Subject: RE: Burch Station 401 application
Thanks Sara,
indicate I didn't realize that the County had a lease with the landowners. Documentation of the lease with the agent
?.uthorization from the County would be sufficient. Can you send me an electronic copy of the lease, or parts of the
lease that the two parties and the .. of -
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Sherman, Sara I
Sent: Friday, September 05, 2014 2:22 PM
To: Homewood, Sue
Subject: Burch Station 401 application
Hi Sue,
I wanted to follow up with your voicemail from earlier today concerning your voicemail about completing the Burch
Station PCN application.
I attached an Agent Authorization letter from the County as they are the leaseholder on the land. Am I correct in
understanding that you also need a letter from the owner as well?
1

Thanks,
Sara
Sara Sherman, PE
NC Wildlife Resources Commission
Division of Engineering & Lands Management
919-707-0164
Ernail corrpspondpnce to arid ftorn this spndpr is subJpct to thp N.C. Public Records Law and may bp disclospd M H'iird patps.

THIS LEASE is made and entered this the day of j U 2013, by and between
Patricia K. Colwell and husband Clyde L. Colwell, hereinafter called "Lessor"and County of
Surry, hereinafter called "Lessee".
W I T N E S S E T H-.
In consideration of the mutual promises, covenants and agreements herein contained, the
parties agree as follows:
Lessor does hereby demise and lease unto Lessee that portion of Surry County
Tax Parcel No. 4972-0043-9605 which lies to the south of the centerline of N. C. Highway 268,
,vs depicted on the copy of Surry County Tax Map attached hereto as Exhibit "A"' and
incorporated herein by reference. The premises leased hereby is bounded on the northwest by
property of H. Craig Finney (4972-00-84-1276), on the north by N. C. Highway 268 and E
Southern Railway rights-of-way, on the east by property of john Thomas Darlington (4972-00-
93-2408), and on the south by the Yadkin River.
The initial term of the within lease is for twelve (12) years (144 months),
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commencing the `,,, day o0inii 2013 and terminating on the day of ,T ll 2025.
Lessee shall have one option to renew the lease for an additional. ten (10) years (1 20 month)
term, upon Lessee providing written notice to Lessor of its intent to renew upon the same terms
and conditions. Notice of the renewal must be received at least 180 days prior to the expiration of
the current term to be effective.
The leased premises is being made available to Lessee at no charge, so as to
comply with the Landowner Liability requirements of. C. Gen. Stat. g -1 et seq.
4. Use of Leased Premises/Rules and ftulations.
Lessee shall use the Leased Premises solely for the erection, maintenance and
operation of canoe and fishing access for the general public along the bank of the Yadkin River
and ancillary activities and structures necessary or complementary for the operation of Surry
County's Parks and Recreation activities.

Lessor reserves the night to plant American chestnut hybrid trees on the leased
property during the term of this lease or any extension thereof, so long as said plantings are
performed *in a sound manner and do not interfere with the fishing and canoe access operations of
the Lessee.
IN W I I a I
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6. AsLsi ent- Sublet.
Lessee may assign this Lease or sublet the Leased Premises, in whole or part, to
other governmental agencies without Lessor's prior written consent, so long as such sublease or
assignment is consistent with the Use provision recited in Paragraph 4 of this Lease and does not
interfere with the Limitation of Liability provision of M C. Gen. Scat, §38A-4. No sublease or
assignment shall in any way release or relieve Lessee from any of its covenants or undertakings
contained in this Lease agreement, and in all cases under this Paragraph, Lessee shall remain
liable on this Lease during the original and any renewal term.
7. Utilities.
Lessee shall be solely responsible to pay all fuel, electricity and telephone
charges/bills related to services at the Leased Premises as the same become due. Lessor shall not
be liable for any interruption or failure in the service of any utility to the Leased Premises for any
reason whatsoever, or to any failure of any communication or signal not due to Lessor's direct
interference.
Lessee shall maintain at its own expense, throughout the term, insurance against
loss or liability in connection with bodily injury, death, property damage and destruction,
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occurring within the Leased Premises or arising out of the use thereof by Lessee, its agents,
employees, officers, invitees, visitors and guests under one or more policies of general liability
insurance having such limits no less than one Million Dollars combined single limit, and Five
Million Dollars general aggregate. Said policy shall name Lessee as the insured party with
Lessor designated as an additional insured party. The insurance policy(s) shall provide that
coverage shall not be cancelable without at least sixty days (60) written notice to Lessor, and
shall be issued by a company with a rating of at least A in the Best key rating guide, which is
licensed to do business in the State of North Carolina.
The insurance refbrenced in this Paragraph shall cover the Leased Premises
depicted on Exhibit "A".
Lessee acknowledges that Lessor oftrs no insurance coverage on the Leased
Premises and any inventory, machinery, equipment or other personal property that Lessor
maintains upon the Leased Premises must be covered, if at all, at the expenses of Lessee.
9. Waiver of Subrogation.
If either party hereto is paid proceeds under any policy of insurance naming such
party as an insured, on account of any loss, damage or liability, then such party hereby releases
the other party hereto, to and only to the extent of the amount of such proceeds, from any and all
liability for such loss, damage or liability which may arise out of the negligent or intentional
tortuous action or omission of the other party, its agents, employees, invitees or guests; provided,
that such release shall be effective only with respect to loss or damage occurring during such
term as the appropriate policy of insurance of the releasing party provides and that such release
shall not impair the effectiveness of such policy or the insured's ability to recover thereunder.
Each party shall use reasonable efforts to have a clause to such effect included in its policies, and
shall promptly notify the other in writing if such clause cannot be included in any insurance
policy.
Notwithstanding the foregoing, Lessee shall hold harmless and indemnify Lessor
from any uninsured liability it faces as a result of an act or omission by Lessee, its employees,
agents, contractors, invitees or guests.
10. Taxes and Assessments.
Lessee shall reimburse the Lessor for any real property taxes associated with the
Leased Premises. Further, Lessee shall be responsible for any personal property tax liability on
personal property, fixtures, equipment or inventory located on the Leased Premises.
11. Failure of Performance by Lessee
De&ult -and Remedies. Event of Default means any defliult 'in the observance or
performance or any of the conditions, representations, warranties, covenants or agreemeMs set
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from the non-defaulting party or parties. There shall be a Default under this Agreement only if a
party fails to cure an Event of Default within thirty (3 0) days after written notice and demand,
unless the failure is of such a character as to require more than thirty (30) days to cure, in which
event the failure to proceed diligently to cure such failure shall constitute a Default.
12. Remedies in Default; Lessor's Remedies.
In the event of any uncured default • breach by Lessee, Lessor may at any ti
thereafter, in the sole discret with or without notice or demand and without limiting Lessor
the exercise of a night or remedy which Lessor may have by reason of such defhult or breac,
enforce the performance of this Lease in any manner provided by law, including, but not limit
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to the following.
i. Terminate this Lease at once, including any interest of Lessee hereunder,
and immediately re-enter and take possession of the Leased Premises by any lawful means. In
such event Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by
reason of Lessee's default; or
H. In addition to all rights of Lessor specified herein, Lessor shall be entitled
to all other rights provided in law or equity, including ejectment, specific performance, and
attorney's fees and costs.
V. The liability of each Lessee or approved sublessee is individual, joint and
several. Lessor may exercise its remedies against each or any Lessee or sublessee singly,
independently, successively or collectively.
a. Cumulative Remedies, It is farther agreed that the rights and remedies given to
Lessor in this Lease are distinct, separate and cumulative remedies, and that no one of them,
whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others.
b. Lessor's Right to Cure. In the event of any breach of this Lease by Lessee, Lessor
may (but shall not be obligated to at any time, after 30 days' written notice, cure such breach for
the account and at the expense of Lessee. If Lessor at any time so elects or is compelled by any
other person to cure such breach or is compelled to incur any other expense arising out of such
breach by Lessee (including without limitation, reasonable attorneys' fees and disbursements in
instituting, prosecuting or defending any suits, actions or proceedings to enforce Lessor's rights
under this or any other Paragraph of this Lease or otherwise) the sum or sums so paid by Lessor,
with all interest, costs and damages, shall be paid by Lessee to Lessor within five (5) days
following written demand. Such expenses may be recovered in the same action or proceeding
forming the basis of default.
C. No Counterclaims. Lessee hereby waives its right to plead any counterclaim
unrelated to this Lease or Lessee's occupancy of the Leased Premises, or offset, in any action or
proceeding brought by Lessor against Lessee for default hereunder. This shall not, however, be
construed as a waiver of Lessee's right to assert any claim in a separate action brought by
Lessee.

d. In the event Lessee shall fail to perform any obligation imposed upon it under the
terms hereof within thirty (30) days after written notice other than emergencies, requiring only
such notice as the circumstances then require, then Lessor may pursue its remedies under the
Lease or available at law or equity under the lease to collect damages from Lessee for non-
payment of rent or otherwise. Termination of this Lease under this Paragraph shall be at the
option of Lessor.
13. Eminent Domain.
If any or all of the Leased Premises are taken by the exercise of any power of
eminent domain, Lessor shall be entitled to collect from the condemning authority thereunder the
entire amount of any award made as consideration for such taking, without deduction therefrom
for any leasehold or other interest held by Lessee. Lessee assigns to Lessor all of its right, title
and interest in and to such award- However Lessee ma 4 seek in a seDarate iroceedine, a t
This Lease shall terminate on the date upon which possession through
condemnation occurs if (1) all of the Leased Premises are covered by condemnation, or (2) if any
part of the Leased Premises is covered by condemnation and the remainder thereof is insufficient
for the reasonable operation therein of Lessee's use of property. If there is condemnation, the
Lessor shall have no liability to Lessee on account of interruption of the Lessee's business upon
the Leased Premises, diminution of the Lessee's ability to use the Leased Premises, or other
injury or damage sustained by Lessee as a result of such condemnation.
Termination. All other leases, options, subleases, contracts or agreements
between Lessor and predecessors in interest, and Lessee are hereby and hereup terminated
without any liability therefor. All subleases and agreements of Lessee in or affecting the Leased
Premises are hereby terminated. Lessee shall indemnify Lessor for any damages, loss or injury
arising from or by termination of such subleases or other agreements.
14. Lessor.
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The parties to this Lease agree that all of the provisions shall bind and 'inure to the
benefit of the parties hereto, their heirs, legal representatives, successors and assigns.
16. Applicable Law.
This Lease agreement shall be construed in accordance with the laws of the State
of North Carolina.. Wherever used, the singular number shall include the plural, the singular, and
the use of any gender shall include all other genders.
17. Notices.
Wherever in this Lease it shall be required or permitted that notice or demand be
given or served by either party to this Lease to the other, such notices or demand, including
rental payments, shall be given or served and shall not be deemed to have been given or served
unless in writing and forwarded by first class, registered or certified mail, return receipt
requested, addressed as follows:
To Lessors: Patricia K- Colwell
Clyde L. Colwell
P. 0. Box 7
Elkin, NC 28621
To Lessee: County Manager
118 Hamby Road
Dobson, NC 27017
18. This agreement may be signed in counterparts and constitutes the entire
agreement between Lessor and Lessee relative to the Leased Premises bereinabove described,
and this agreement may be altered, amended or revoked only by *instrument in writing signed by
both Lessor and Lessee. Lessee and Lessor hereby mutually agree that all prior or
contemporaneous oral agreements relative to the (easing of the Leased Premises described
hereinabove are merged in or revoked by this agreement. If the provision or paragraph of this
Agreement shall be stricken, deleted or abandoned by the parties, either formally or infonnally or
by a court of law, such law shall not affect the remaining paragraphs and provisions of this Lease
agreement which shall remain in full force and effect.
19. By executing the within Lease agreement, the parties agree to reasonably execute
and record in the Office of the Register of Deeds a Memorandum of Lease with regard to the
term and renewal term of Lease. Further, by executing the within Lease agreement, the parties
agree, acknowledge and consent that leases relating, to the Leased Premises currently in effect
between the parties or their successors in interest are of no further force and effect and the parties
shall be bound by and inure to the terms and provisions of the within Lease.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, or have
caused this instrument to signed and sealed by the proper officers, the day and year first above
written.
--Signatures on following pages
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By-.
Patricia K. Colwell, Lessor
By:
(SEAL)
Clyde L. Colwell, Lessor
STATE OF
COUNTY OF
I certify that the following person personally appeared before me this day, each acknowledging to me that
he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
Patricia K. Colwell
STATE OF V "J
j
COUNTY OF
I certify that the following person personally appeared before me this day, each acknowledging to me that
he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
I

h :
onchita Atkins III
Clerk to the Board
1, K '. k' , , I ' . �L , I - , "t'ry public for said County and state, certify that
Conchita Atkin�, Clerk to the Surry County Board of Commissioners, personally appeared r
certified me and that the foregoing 'instrument was executed in the name of Surry County by
i - Board of Commissioners, and that she, Conchita Atkins, Clerk to
' Board, did attest to said execution and did affix the Surry County said on
behalf of ! of Corninissioners
Witness my hand and official seal, this day of t l .
My Commission Expires; or � Q1
ota:ry public
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