SW8050547_Historical File_20180418

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy, Mineral & WILLIAM E. (TOBY) VINSON, JR.
nand Resources Interim Director
ENVIRONMENTAL DUALITY
April 18, 2018
New Hanover County Airport Authority (via email)
Attn: A. Granseur Dick, P.E., Director
Planning and Development
1740 Airport Boulevard
Wilmington, NC 28405
Subject: Approved Minor Modification — Addition of Social Bark Kennel
Stormwater Management Permit No. SW8 050547
Wilmington International Airport
New Hanover County
Dear Mr. Dick:
On February 26, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources received and accepted a complete minor modification application for the construction of
29,337 square feet of BUA associated with the Social Bark Kennel, located within the approved drainage
area of the'Extended Dry Detention Basin # 1 permitted under Stormwater Management Permit Number
SW8 050547.' It has been determined that the nature of the proposed change meets the definition of a
minor modification in that it does not result in an increase in the size of the permitted stormwater control
measure (SCM) and does not increase the amount of permitted built -upon area. Please refer to
Attachment 1 for a detailed description of the current proposed minor modification and a list of all the
past modifications approved during the effective period of the permit. We are'forwarding you an
approved copy of the layout and grading plans depicting the Social Bark Kennel for your files. Please add
the attached plans to the previously approved plan set.
Please be aware that all terms and conditions of the permit issued on November 29, 2012, remain in full
force and effect. Please also understand that the approval of this minor modification to the subject State
Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be approved
through this Office prior to construction. The approval of this minor modification does not preclude the
permittee from complying with all other applicable statutes, rules, regulations or ordinances which may
have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call me at [phone] or
via email at linda.lewis@7,ncdenr.gov.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
Enclosures: Attachment 1 — Permitting History
IT GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050547 HD\2018 04 permit minor 050547
cc: Brad Sedgwick, P.E. JBS Engineering via email ([e-mail])
New Hanover County Building Inspections
Wilmington Regional Office Stormwater File
State of North Carolina 1 Environmevi al Quality 1 Energy. Ivlinef -' and Land Resources
Wiintington Regional Office 1 127 Cardinal Drive Extension i Wilmington, NC 28405
910 796 7215

Attachment 1
State Stormwater Management Systems
Permit No. SW8 050547
The BUA tables for Phases I and II of the EDDB # 1 were added to the permit on September 20, 2010, as part
of the review for the modification to SW8 060515.
A modification to the tables was added. on November 27, 2012.
Phasing refers to the extended dry detention basin, not to the airport BUA.
Permit No. SW8 050547 Phase l & 11 Basin
Starting BUA balance = 8,5201835-4,552,087 = 3,968,748
Mod/Offsite Permit
No.
Date Issued
Offsite Project Name
Proposed
BUA
Remaining
BUA
SW8 050801
8/12/2005
General Aviation Apron Expansion
151,589
3,817,159
SW8 060326
4/7/2006
Air Wilmington FBO Building
196,725
3,620,434
SW8 060515
5/18/2006
Terminal Parking Lot
201,655
3,418,779
SW8 060515 Mod
5/14/2008
Credit Card Parking Lot
225,722
3,193,057
SW8 050547 PR
10/28/2009
1LM Phase I and Phase II (for gravel
roads
15,843
3,177,214
SW8 050547 PR
11/27/2012
Delineate a new overall DA, increase
the max BUA allowed.
0
3,177,214
SW8 050547 PR
2/8/2013
Consolidated Rental Car Facility
CONRAC Phase 1
205,202
2,972.012
SW8 050547 PR
8/4/2015
North General Aviation Apron Rehab &
Expansion
32,453
2,939,559
SW8 050547 PR
9/9/2015
ILM Flex Space (Lot 9 Business Park)
and Business Park access road.
129,082
2,810,477
SW8 150723
9/15/2015
Air Wilmington Hangar 4
24,190
2,786,287
SW8 050547 PR
6/29/2016
GA Hanger Taxiline and Corporate
Hanger Complex
122,992
2,663,295
SW8 050547 PR
8/22/2017
Avis Car Rental Facility
CONRAC Phase 2
75,596
2,587,699
SW8 050547 PR
411812018.
Social Bark Kennel
29;337
2,558,362
Page 2 of 2

DEMLR USE ONLY
t' Date Received
El,
Fee Paid
Permit Numr
be
U SGS¢7 a
STORMWATER PERMITTING FORM 7: PECEiV'
ED
MINOR MODIFICATION
Standard Permitting Program — No Fee for Minor Modiricabon FEB 2 2 2018
Express Permitting Program — See Express Fee Schedule NCOEQ
iNILMJNGTON RO
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http.//dep.nc.aov/contact/regional-ofi`ices.
This form is to only to be used by the current permittee to notify the Division of a minor
modification. Pursuant to Rule 15A NCA C 02H .1002. a minor modification is a change to the project that
1) does not increase the net built -upon area, and(or
2) does not change the size or design of the SCM(s).
A. GENERAL INFORMATION
1. State Stormwater Permit Number. SW8 040836 050549
2. Current Permit Holder's Company Name/Organization: New Hanover County Airport Authority
3. Signing Official's Name: A. Granseur Dick, PE
4. Signing Official's Title: Director, Planning & Development
Mailing Address: 1740_ Airport Blvd
City: Wilmington State: NC_ ZIP: 28405
5. Street Address (if different):: Same
City: Same State: Same_ ZIP: Same
6. Phone: [phone] Email: cic4iGk- f941411iv► .COI'1')
7. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section IV.10 of the original application, if needed):
This project is for new construction within the bounds of the existing master plan area. The existing
Master Plan and permit allow for the addition of this BUA. The drainage from this project enters into
Drainage Area #3 as described in the permit and master plan This proiect proposes a total of
29,337 SF of BUA.
B. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark `V if previously provided. !f not
applicable or not available, please mark N/A.:
Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form.
Y 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the
originally approved plan sheets).
N/A 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants OR the proposed recorded deed restrictions and protective covenants documenting
the changes and a signed agreement to provide the final recorded document.
N/A 4. If applicable, the appropriate Express review fee.
LJ
Stormwater Permit Form 7: Minor Modification Page 1 of 2 July 14, 2017

C. CONTACT INFORMATION
1. The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name: Brad Sedgwick, PE
Consulting Firm: JBS Consulting, PA
Mailing Address:7332 Cotesworh Drive
City:Wilmington State:NC Zip:28405
Phone: [phone]q<1 rb%) Fax: (N/A)
Email::bradsedgwick(M-hotmail.com
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name & Title:
Organization:
Mailing Address:
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
D. CERTIFICATION OF PERMITTEE
I, A. Granseur Dick. , the current permittee, certify that I have authorized the minor modifications listed in Section A
and shown in the attached revised plan sheets. I further attest that this information is accurate and complete to the best
of my knowledge.
Signature:
a Notary Public for the State of NQrh, Caro I i ne,
County of IVEA.J-HzywQer do hereby certify that A. C�ranseu�r D%Ctr_
pers9QUX appeared before me this the day of bfu�r. , 201 S ,and
rpwi , he due execution of the forgoing instrument. Witness my han and official seal,
w
7. (Notary Seal) .
ure
My commission expires `4 I ZS 113
Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6, 2017

,' Lewis,Unda
From: Lewis,Linda
Sent: Tuesday, April 17, 2018 5:49 PM
To: '[e-mail]'
Subject: FW: Minor Modification SW8 050547 Social Bark Kennel
Attachments: DEMLR WIRO Letterhead_BW 2018 01 29.pdf, 2018 04 master table 050547.doc
Sorry, Granseur, I had your oid email address.
Linda
From: Lewis,Linda
Sent: Tuesday, April 17, 2018 5:46 PM
To:'Granseur Dick' <[e-mail]>
Cc: 'Brad Sedgwick' <[e-mail]>
Subject: Minor Modification SW8 050547 Social Bark Kennel
UU
Attached please find the approval letter and BUA Table for the subject minor modification.
A hard copy will only be provided to the permittee along with a copy of the application and the
approved plans.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewistc7i.ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
'Nothing Compares
AM".
_r� .'j `:i`�' "aril'•`.. .:.,J t';/i. liUt!! �_'f+4. 4��,f. JrCa$•5 r "J_:C'✓'t t�Q [h�
iaty a.+?ii

Attachment 1
State Stormwater Management Systems
Permit No. SW8 050547
The BUA tables for Phases I and I1 of the EDDB # 1 were added to the permit on September 20, 2010, as part
of the review for the modification to SW8 060515.
A modification to the tables was added on November 27, 2012.
Phasing refers to the extended dry detention basin, not to the airport BUA.
Permit No. SW8 050547 Phase I & II Basin
Starting BUA balance = 8 520,835-4:552,087 = 3:968;748
Mod/Offsite Permit
No.
Date Issued
Offsite Project Name
Proposed
BUA
Remaining
BUA
SW8 050801
8/12/2005
General Aviation Apron Expansion
151,589
3,817,159
SW8 060326
4/7/2006
Air Wilmington FBO Building
196,725
3,620,434
SW8 060515
5/18/2006
Terminal Parking Lot
201,655
3,418,779
SW8 060515 Mod
5/14/2008
Credit Card Parking Lot
225,722
3,193,057
SW8 050547 PR
10/28/2009
ILM Phase I and Phase II (for gravel
roads)
15,843
3,177,214
SW8 050547 PR
11/27/2012
Delineate a new overall DA, increase
the max BUA allowed.
0
3,177,214
SW8 050547 PR
2/8/2013
Consolidated Rental Car Facility
CONRAC Phase 1
205,202
2,972,012
SW8 050547 PR
8/4/2015
North General Aviation Apron Rehab &
Expansion
32,453
2,939,559
SW8 050547 PR
9/9/2015
ILM Flex Space (Lot 9 Business Park)
and Business Park access road.
1 129,082
2,810,477
SW8 150723
9/15/2015
Air Wilmington Hangar 4
24,190
2,786,287
SW8 050547 PR
6/2912016
GA Hanger Taxiline and Corporate
Han er Complex
122,992
2,663,295
SW8 050547 PR
8/22/2017
Avis Car Rental Facility
CONRAC Phase 2
75,596
29,337
2,587,699
SW8 050547 PR
4118/2018
Social Bark fennel
2,558;362
i
Page 2 of 2

• 6vwis,Linda
From: Lewis,Linda
Sent: Monday, March 05, 2018 12:15 PM
To: '[e-mail]'
Cc: 'Brad Sedgwick'
Subject: SW8 040836 Receipt of Stormwater Application
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater
Section) received the minor modification to the subject Stormwater Management Permit Application
on February 26, 2018. The project has been assigned to Linda Lewis and you will be notified if
additional information is needed. Please be advised that the construction of built -upon area may not
commence until the Stormwater Permit is issued.
Thank you.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lev+is(_ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
`Nothing Compares -
-C 7 _`. -f _. sod to 111 r'r,''UarVes'.

Completeness Review Checklist
IAJ ( (,_ VV\ Y1i p(cM• Received Date: 22 Lz (�
Project Location: Accepted Date: 2Ca mil_
Rules) D2008 Coastal
lT 1995 Coastal Phase II (WiRO.) ®Universal
®1988 Coastal
Type of Permit: New or -Mod
b4
Existing Permit # (Mod or PR):
PE Cert on File?
Density: ( HD or LD,_;pe: Co r rr'ercial or Residential NCG:
°%: OK?) Stream Class: SSA ^riap jOffsite to SW8
LJJ
Subdivided?: Subdivision or Sineie Lot 'r 10RW Map 11 Exempt
Paperwork Emailed Engineer on:
L==Jupplement(s) (1 original per SNAP) BMP Type(s):
��,'0€ NA with correct/original signatures (1 cricinal per EMP etrcept LS/VFS and swales)
Application with correct/original signatures i "Deed
Corp or LL:=': Sig. Autn. per or letter �;EiMii Address
'F-!,$505 ,(within 5mo)
_ Email Address
i�Soils Report with SHWT
"Calculations (signed/sealed) C
nNo obvious errors
Density includes common areas, etc
„Deed Restrictions, if subdivided:
Signed & Notarized
Correct Template (Con.,
or
Design Engineer
Owner
0 kn
Plan, ss
Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
" 'Grading ;`.`_�WeVands: Delineated or No Wetlands
F Vicinity Map MiLayout (proposed BUA dimensions)
,'Legend r71DA maps I'ProJcct Boundar,;cs
Infiltration
Wet Pond
Offsite
Soils Report
Soils Report
P
®PE Cert for Master Lot #:
11SHWT:
SHWT:
®Deed Rest for :v€asee:­ .-_":Lot # :Uzatches Master
Bottom:
PP:
BUA Permitted (Master): sf
Visited:
BUA Proposed (Offsite): sr'
,,.16,51iunal Eipyorrna Gn:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
vermitted Pr s?cz:_ Proposed: Proposed:
I
f �
i

JBSCONSULTING, PA
7332 Cotesworth Drive
Mimington, NC 28405
[phone]
PLANNING - ENGINEERING - PROJECT MANAGEMENT
February 21, 2018
NC-DEMLR
127 Cardinal Drive Extension
Wilmington, NC 28405
RECEIVED
RE: Minor Modification
Storm Water Project No. SWM40836 FEB 2 2 2018
Wilmington International Airport
New Hanover County NCDEQ
WHAINGTON ISO
To Whom It May Concern:
Enclosed with this letter is a application for a minor modification to the above
permit. The project is highlighted in to attached project narrative and shown on the
plans.
I believe I have submitted all the proper paperwork for you to process this
modification.
Sincerely yours;
1
Brad Sedgwick, PE
Attached: 2 -Sets of Plans
2 - Project Narrative
2 - Minor Modification Application
1 - Disc containing above in .pdf Format

RECEWM
FEB 2 2 2018
NCDEQ
WItMlNGTON Ft0
NCDEQ - DEMLR
State Stormwater Report
CALCULATIONS AND SUPPORTING DATA
for
SOCIAL BARK KENNEL
1789 Hall Road
a@ILM Airport
Wilmington, NC 28401
New Hanover County
January, 2018
Prepared for.
Social Bark at Wilmington, Inc.
Mr. James C. McSwain
145 Aqua Shed Court
Aberdeen, INC 28315
Prepared by:
JBS Consulting, PA
Brad Sedgwick, PE
7332 Cotesworth Dr.
Wilmington, NC 28405
bradsedgwick0hotmail.com
1-910-619-9990
License Number C-2626

SOCIAL BARK KENNEL
N.W. Corner of Hall Road & Gardner Road
1789 Hall Road
@ ILM Airport
Wilmington, NC 28441
Table of Contents
DESIGN NARRATIVE
EXISTING SITE
WATER QUALITY INFORMATION
PROPOSEDIMPROVEMENTS
WETLAND STATMENT
PROPERTY OWNERSHIP
Appendix A — SECRETARY OF STATE INFO
Appendix 8 — LEASE AGREEMENT

SOCIAL BARK KENNEL
1789 Hail Road
@ ILM Airport
Wilmington, NC 28491
New Hanover County
DESIGN NARRATIVE
Existing Site
Social Bark at Wilmington, Inc. is planning a new dog & cat kennel on the site listed above. The
site currently is undeveloped and contains planted pines approximately 25 years old. This site is
in the airport business park. The site contains no improvements in its existing condition. The
proposed layout is shown in the figures below.
This site is part of the airport storm water master plan area and is regulated under NCDEQ
Stormwater Permit No. SW8 040836. The permit was issued with a Stormwater Master Plan
The property appears to have been used for silviculture activities since at least 1993.
PROJECT S1 r
Irs
7.
Castle Hayne, NC 1997

/ f
/ AN,\ /
1
ri
/
Water Quality Info
The property is in a basin that drains to Northeast Cape Fear River via an unnamed creek. This
creek is located between Smith Creek and Ness Creek. The area of discharge is classified
C;Sw. The classification index number is 18-74-59. This is part of the Cape Fear River Basin.
Proposed Improvements
The proposed project includes a new metal building and associated parking area and drive isle.
The site will be graded to drain toward the road frontages bordering the site.
The proposed BUA for this project is;

Proposed Building 16,968 SF
Proposed Concrete (S/W) 2,281 SF
Proposed Asphalt 10,088 SF
Total 29,337 SF
State Stormwater Information
All drainage from the site is conveyed into Sub -Basin 3 as depicted in the Stormwater Master
Plan. Per the permit, this area has an allowable BUA limit. This project will subtract from the
remaining BUA allowable within this basin.
County Stormwater Information
The County recognizes the approved state storm water permit and associated storm water
master plan.
Wetland Statement
The property does not contain any wetlands.
PMRerty Ownership
The property is owned by the airport authority. The property will have a long term lease
awarded to my client.

Appendix A — SECRETARY OF STATE INFO

1o►S1/2017
Busirim Registration Dives
Click Here To:
North Carolina
Elain,e F Marshall D EFARTM E T OF THE
Secretary SECRETARYOFSTATE
PO Box2MM Rekigh,NC 27826-OM W9j814 MOO
View Document Flings File an Annual Report Amend a Previous Annual Report
Print a Pre -Populated Annual Report form
Corporate Names
Legal: Social Bark at Wilmington, Inc.
Business Corporation information
Sosld:
Annual Report Status:
whip:
Date Formed:
Fiscal Month:
Registered Agent:
Corporate Addresses
1606358
Cuffent Active
Current
W9/2017
December
McSwain, James C.
Mailing:
145 Aqua Shed Court
Aberdeen, NC 28315
Principal O>I'ice:
145 Aqua Shed Court
Aberdeen, NC 28315
Reg Office:
145 Aqua Shed Court
Aberdeen, NC 28315
Reg Mailing:
145 Aqua Shad Court
Aberdeen, NC 28315
Officers
Stock
Class: Common
Shares: 10000
No Par Value: Yes
Account
Login
Create
Account
tmPJtwww.Secstate.stM.nc.tSrsMmhfproroorp/12920831 1►1

Appendix B — Lease Agreement

New Hanover County Aixnort Contract
Wilmington. North Carolina
Contract/Agreement;
Cunteraet
Number:
Effective Hate:
Term:
Total Pages: 19
Page 1 of 20

New Hanover County Airport Contract #
Section
W ILMIN CTON LNTERST TION AL AIRPORT
Wilmington, North Carolina
INDEX
Description
Page
1
Leased. ]Premises
3
2
Term
3
3
Rent
4
Assignments to Lending Institutions
4
5
Compliance i4 xth Laws
4
6
Obligations of Lessee
6
7
Improvements
7
8
Taxes, Utilities and License Fees
8
9
:Maintenance
g
10
Damage or Destruction of Premises
8
11
Assignment and Subletting
9
12
Insurance
9
1
Indemnity
9
14
Independent Contractor
9
15
Termination BST Lessee
10
16
Termination By Authority
10
17
Notices
11
18
Federal Government Requirements
11
19
Relocation of Premises
12
20
VUseelianeous Provisions
12
Schedule A
15
Schedule B
16
Page 2 of 20

New Hanover County Airport Contract if
THIS LEASE AORFE\ l-:N. T. entered into _his day of , 2017
'oy and between N'EW HANOVER COUNTY AIRPORT
AUTHORITY, a political sub -division of the Mate of North Carolina, (hereinafter called
"Authority"): NEW HANOVER COLNMT, a political subdivision of the State of North
Carolina, (hereinafter called "Property Ovrners"): and Social Bait, Inc., a North Carolina
Cot`poration, authorized to conduct business it the North Carolina.
WITNESSET_H
WHEREAS Authority operates the Wilmington International Airport,
hereinafter called "Airport," pursuant to a lease with Nevv Hanover County, a political
subdivision of the State of North Carolina thereinafter called "County", and
WHEREAS Lessee desires the privilege of using the Airpor and its facilities
and rights, with -the intention of constructing improvements thereon, to be used as a kennel to
beard, groom. anci Erain animal is ;.Llic "Intended Lsc::}, and AuthOritri is willing to grant the
same to Lessee upon the terms and conditions hereinafter stated;
NOW, THEREFORE, in consideration of the prerises and the mutual
covenants and conditions contahied her --in. tilt parties agree as follo%vs:
I - LEASED PREMISES
1. L Leased Premises. Authority hereby leases to Lessee; and Lessee hereby accepts
from Authority as tenant, the premises more parkularly described and defined in Schedule A
attached hereto and _Wade a part hereof ; hereinafter referred to as the "Leased Premises").
2 - TERM
2.i. Tei-in of This Lease. This a`Tee-nent shall commence or, uLust i. ?01 and
continue for a,period of m--e ltry ,,;2t � years and s=,-ehze tni_tr!ths, with t�to (L) t{;'L ye=4r option based
oqqn mutual consent. sinless sooner terminated in accordance .��ith the provisions of this agreement.
iw
E"l ttS �lCtt�+1'- - .t:... 4--:;x ._.,. .._ Il•.� `^.`:. _ ti-.i.:.)L -': �'ti _ti '�..L'�e ), x;t :� Lt,: t-�c i3 ills
de aE.}lt Un';A._:r%. 'sI an,,:
l r =11i Tl4ri ln iv'.,_ na
ti ice'•" '
2-2- _ , .=it Ald Loan �T+13rox-al Period. The Lessee shall ha`e through February 1.
r
2018 to se,-urc::':.?' :' and all approl:'fds required to be obtained by Less,.e in order to finance aild
constluct its if tjr any r aso i lessee Is not able to rec;ewe approval to use file property
for its inter-ded t -t or to securc appi-m-al of the load to linailce the iacilit. E4ien tl�t lease mdti €se
c needed in v rilR?','g xvitl-i rcason 1" Lc scc _:_'_i: '.:l 'A'�i li : i i s va:s `_. ti '$ :13 Aa - no •` i:i
_'iite!c F' _ F to'Jv-, one-illL _ltll'S 1?:`L't7tiitl itl't shall be flroilln !Y
3 - RENT
Page 3 of 20

New Hanover County Airport Contract #
.M . Ground Rental. Lessee shall payto Authority for the premises, without
demand or deduction of any nature twhatsocvcr, except as otherwise specifically provided in this
tease, the sum of TIP., c:ecn ThousanJ Sixty Eight Dollars (13,068) annually, or O-Tie Thousand
Ei0itv line Dollars 15i_08a) per month. The annual rent is determined by multiplying the
square footage of the Leases premises of approximately 65.344 SF (1.5 acre), by S0 ?0 PSF. A
survey provided by Lessee and acceptable to the Authority. may cause an adjustment to the
amount of square footage thereby increasing or decreasing the initial annual rent. Ono tnoath's
rent is dire at fhe exj ct-,Ilon or this Least.
Monthly rent pat. mvtins ,,,ill be due or, the first of emery month during the terra of the lease
3.2. &ound Rental Increase. The net ar.-ival basic rental shah be increased three per
cent (3°rho) each and evet-y sear. The three per cent (3%) increase shall be effective on each
anniversary of this i:ase.
3.3. Rent To Be Net to Authorkm During the term of this lease, the payTlleni of rent is
intended b; the panics to yield the net armual rent to Authority specified in subsection 3.2 above and;
except as othemise expressly prodded in this agreement, all costs,, expenses and obligatiorts of every
kind and nature whatsoever relating to the den-11sed pilemises shall be trait' by Lessee.
3.4 .:ate Pa,,ments. if x .essee's rent is more than thirtt= (30) days overdue, Lessee
agrees %o pay a late charge equal to one and one-half per cent (1.5%) of the amaunt o"monthly
rent due.
- ASSIGNAMENTS TO LEN`IDING INSTITL:ITIONS
4.1. ::t ssi=iti�rr. of Lease to a Lending -,Institution. Lessee may assign #iris lease
rr-C 1Lttiirng as,
i'i� •. II t : , -%ith prior .Nilfn approval by Author]t4, to a
lending i-s dtution as secw it; for the Marem of a roar. taken out by Ussee to finance the consmiction of
improvements on the leased premises; provided that Lessee _Tray not assign this lease when lessee is in
default under this tease.. Any assignments rude to lending institutions (hereinafter referred to as "lender
assignees") shalt -A
be sec at all tir-aes to all f??e covenwnts and conditions of this lease and to all the
rights and remedies of Authorih. and with the understanding that no such assignment small be consxued
to encumberin any fashion Authorit}Rs fee interest in the land leased to Lessee.
4.2. No Encumbrances on ,Authority's Fee Interest. Lessee understands and
agrees that in no event bill Authority permit orconsent to the encumbering, through deed of
trust_xrtortgage, o .�ti?e:'is4, of Authority's fee in in the land leased to Lessee pursuant to
this agreement.
5 - CoNIPULANCE WITH I A: ,-*r'S
S... In Issenerai. Duzin tlr term of this Agreement, Lessee shall at all times fully aril
promptly obsei ve, obey- and compl}° ,.with all statutes, laws, ordinances, orders, rules, regulations and
standards, including Cnvir,�rrmerrtal LaN s, whether now in effect or hereafter enacted, adopted or
municipal, State or Federal agency,, or any other lamfui authont-,,
promulgated by the E udroritt, an
having jurisdiction over the Leased Premises, the operation of the Airport, or the business conducted by
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New Hanover County Airport Contract #
Lessee at or from floc Leased Premises; including, but not limited to, those relating to the safity,
cleanliness occupancy- and lase of said T.,eased Premises. to the nature_ character and manner of
operation of the business conducted in, at or from said Leased Premises, to the conduct of Lessee's
subtenants, assigns, agents and emplo;�Tes while on Airport property, and to protection of the areas
surrounding said premises- the Airport and the environs of the Airport from physical damage or
degradation; mcludmp- that tvhrch nnay be due to Release of an-, Regulated Substance. As to Lessee's
subtenants, assigns, and agents, Lesser certifies to the best of its knowledge that there are no known
violations occurring of i the vd ject propem-.
5.2 Challenges to Administrative Not withstanding the prolusions of
Subparagraph 5.1, Lessee's noncompliance %kith an administrative interpretation of an Environmental
Law shall not constitute a default under this Agreement so long as Lessee diligently challenges the
validity or application_ to Lessee of such administrativc interpretation in a judicial or administrative
adjudicatory proceedir.g fv hich includes wry° appellate proceedings regarding the original adjudication).
Should Lessee prct-ail in sucn proceeding. the administrative irrtetpretatior. so challenged shall not
constitute a Law for tine purposes Of this ��greetnent Should the administrative interpretation
ultimately be upheid ='n the adjudicator- proceeding; Lessee strictly shall indemnify the Authority
against an-y losses or claims incurred by the Auithorin- in connection. with Lessee's noncompliance with
the administrative interpretation.
53. StoITR 1h`iitL-r lvlar.-i2erne; t gid Permits. Lessee shall conzpiy ,,6th all provisions of the
,torxtz water permit issued to the nutho:" by DO R or EPA, -wtother such permit shall have been
issued in the authority's own natiac or with Lessee as a co-pen-nitteA: Lessee shall comply v�itn the
provisions of all implementmon plazas prepare: to comply t;ith the permit, including, without li*r nation,
the Storm Water Pollurtion Prey;ention Plan. the Stonn Water 1�Managemelrt Plan, and the Spill response
Plan. Lessee steal r cii in oduce any substance into the storm r ater discharge system for the Property of the
Airport, vviherller separ tel r or zrr=_red w ith storm water discharge, except as si ch introduction is expressly
allowed by a proper Storm Water Discharge Pennit issued to the Authority, or to the Authoril and Lessee
as co-permittees.
5.4. Releases.
5 o �iticatiori and Clean t,Tp. in the event Lessee shall release ar;y regulated substance
on or from the .eased hTn-rises. Lessee slral (I) comply° with all applicable release notification
requirements, l2) not;( - the Auilloriti and all appropriate regulatory- agencies of the release bailhi tv;�enty
four (2) nouzs, and (3) clean up and remediate rite release including any impacted media adjacent to the
site and perrsuaie- to axsy applicable Fm ironrnenWa vary and to the NuthoriiYs satisfaction.
A.�. i hirij Parma' Releases. In the event Lessee ski discover a third parry's
release of any regulated substance on or from the Leased Premises, Lessee immediately shall comply
with all applicable release notification. requirements and notify the Authontc- and all appropriate regulatory
agencies of the release. Lessee shall pro -vide to Authority all pertinent aznaiytical repot!.. relating to tlsird
party release of arty regulated substance. This Subparagraph 5.42 does not limit the parties' rights and
obligations to each other v ith respect to third party releases of zu uzlated substance on or from the. Used
r remises. Such a:g, ac and obiigano s shall be determined on incident -specific bases according to the other
protisions of Iris Agreement aid according to Law..
5.5_ Authority's Right to Audit Lessees Compliance.
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New Hanover County Airport Contract #
5.5.1. T"ne t �athority reserves the right and privilege to audit Lessee {including, without
limitation, the night to enter onto the Leased Premises at reasonable times) to determine Lessee
a)mpliance -Mth the environmental requirements set fortb m this Ag cement.
5.5.2. W-iitain thirty (30) days of The Authority's request, Lessee shall make available to
the Authority for inspection and duplication all non-pri-vileged documents and analyses prepared or
generated by Lessee cr on Lessee's behalf relating to Lessee's compliance m ith the environmental
requirements of this Agitemcnt.
5.S3. '11ie Authority's failure at any time to audit Lessee's environmental compliance, or
to identify° to or discuss vkith Lessee any condition existing on the Leased Premises, shall not Naive thy:
Authority's rights. pii-vileges or remedies tutder this Agreement. Further, no inspection or audit
performed by the Authority shall constitute an approval or representation as to Lessee's compliance with
this Agreement or tvW-i any Errmtirontnental Lair.
5. . The Authq ity's right and priN ilege under this Paragraph 5.5 is limited to those
activities neLessarr to evaluate Lessee's compliance N�rith Emaronmental Laws. The Authority reserves
no right or privilege to participate in Lessee's decision mak-inp jsith respect to en-dronmenral compliance
matters.
5.6, �.c��tts ondence. T_essee shall copy the Authority simultancously on all
correspondence ftorr Lessee to DEI D4R or EPA wUch relates to the Leased Premises. VVMin fifteen
05) days ofreccipt, Lessee shall forward to the Authority a copy of any correspondence received from
DEHNTZ or EPA tiiat relates €o, the Leased Premises. Lessee', obligations under this Paragraph 5.6 shall
sunnve the expiration or termination offnis-kmtement.
5. f . Per -nits 2esMnse Plans. I. essee shall comply with any environr+tental
permits issued :am° a3-iy; public body.. and all response plans required by any Environmental Lary,
which apply to the Leased prei�sis%5 or iessce's activities �:ltereor.
5.8. `faxes and Licenses. Lessee shah pay when due all taxes, hcelrse fees,
assessments and othher charges levied or imposed by any governmental authority upon its
property or activities by reason of Lessee's use and occupancy of the Leased Premises. A good
faith contest of Idne validity of any such tat, license fee, assessment or other such charge, made
rvifn reasonable p-romptness, shall not be interpreted as a violation of this covenant until such
good faith challenge small have been abandoned or Finally judicially determined.
6 - OBLIGATIONS DE LESSEE
6.1. Listing Not Exclusive. The obligations of Lessee listed in this Section 6 are
provided for conyt.-dence of reference, and do not in any way -exclude, limit or diminish
responsibilities cited elsewhere L� this agreement. Lessee further covenants and agrees to at all
times observe, obey and comply fully at its own expense with all laxvs, ordinances, rules,
regulations, and deed restrictions and covenants now in effect and hereafter issued by any State.
Federal or other governmental entity having Jurisdiction over the leased promises or activities of
Lessee.
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New Hanover County Airport Contract #
6.2. IJunderstandina of Certain Ordinances and Agreements. Lessee specifically
acknowledges that it has read, and fully understands, all applicable requirements contained in County's
Zoning Ordinance, Airport Height Lmm-P- Ordinance, and Anport Rules and. Regulations covering
Architectural StandardslGuidelines at Wiirni Von lnternational Airport adapted lVtarch 29, 2000 and
revised September 14, 2010. Lessees specific allegation u3th respect to these ordinances shall not be
construed to diminish Lessee's and Sublessee's responsibility to comply with all applicable ordinances as
stated in subsection 6.1 above. However, it is understood that to the extent a variance or waiver is granted
lessee shall be excused of such compliance.
633. Security Regulations. Lessee and all sub -lessees will comply with all security
regulations established by Authority.
? -IMPROVEMENTS
i._. '!?r:strucflon_ - -)rts and Improvements. Lessee shall have the right, at its sole
expense, to canstr t to impro�.�e, ;nodify and _ iake additions to the facilities lems+ed to Lessee. prn� ided,
ihowever, that prior to any construction, impr o i ements or additions to facilities, Lessee must first obtain
from Authority the p7;or written approval of all plans and specifications for any and all building designs,
construction; impro't esnerts or additions; v hieh approval wffil not be unreasonabls3 withheld. 'Factors
relevant to approval include. but are riot Iimited to aesthetic interior or c xerior appearance, the safety of
the Airport, anti ti-ic extent of, interferciLce ivitlt other tenants' activities. iU construction and
improvements � d:.=. �a; b I-rssee shall be completed in 2 workmanlike manner -without damage to
existing facilities. =i is understood. hoewver that any and ail additions N%ill be similar in product and
material of :he originai construction and the lessor shall not unreasonably %ithlw1d tiYe a�pioval t�h do
similar construction.
". fetiLines m. 3work under pursuant to fie?otono
authority grantee'. in paragraph 7.1 above shall `oe stfoieci to the condition that Lessee make, at its
expense. suitable m-ranQements for - *ocatior< of atay aitected govcrnmental or County utility lines,
cables or other egw:praent. Further, Lessee shall not pave roads or ramps over said utility lines, cables or
equipment without the prior -written approval of Authon tor.
7.3. _Fair -Market Value of 3rniarovements l"ix-tttces and Eauinmem. As soon as
practicable follevving Completion of de project ''it.'
.ilhl3Tt:4�i17li[S•� ::il° ti:' �.c:l:c� '1.;ti.t.
t:i" i a -:al •�,}i i'tt' ON...i.�2i ti:'_' €� 1F:• _ :1: `•'aT. !i iCi t ?r 2:L'�Sti itt :� __
a ` }, ::: �, : l,�MI- ,i`---V7 1.�ri-*,% , Lessee shall submit to Authority an itemized statement; certified
by an officer of Lessee, showingFair lV wket Value of improti err�ents, fixtures, and equipment rel.= i- i �t►
i3�'�.. ?tilt' .� �7�..,'tt-f:' _ ,rt'•._. t:;: l:.i i� ��? il'.. <-- -,- ----:`fit irn :i'si-L'!ne nk: as constructed and !nsiiilled i?v
t _ . f .,.
Lessee pursuant to dos agreement_ -Sato statement shag, udess disputed ill wit.dl9 by ? uLh011ty vvitbm
sixty (60) days next receipt thereof from Lessee, constitute prima facie evidence of the Fair
Market Value Sl"iia��17 +.herein, it being contemplated bar the parties hereto the Lessee shall fully
depreciate said actual cost on a straight line his v.ithout allowance for salvage, commencing with the
date on which said : i =.it= f �: s: ,»�' :t { :=` c �r `'l-b `', „;e3�t Impmveztherits are completes and ready for
occupancyby Lessee, and extending over the balance of the term of this agreement. If this lease is
terminated pursuant la, Seefions 15 or 16 prior to the expiration of the term stated in Section 2, Amhorit)-
may purchase or ;'arise to hc. ptlrchahsed from Lessee all of said firmed itnproverr�ents at a cash ;,rice equal
to Lessee's actuod cost as above set ford}, less depreciation as aforesaid to the nearest complete rnonth
then elapsed under this agreetneiht- prodded, bowever, that AuEhonWs obligation hereunder shall be
Page 7 oi20

New Hanover County Airport Contract #
olxset by the amount of and fees and charges due and otking to the Authority from Lessee, However_ the
I.essee may sublease properly upon first recei-ving approval in writing from the Authority. The approzral
to sublease shall not be unreasonably, withheld.
7.4. Title to Lmprovements.. Alterations and Eepairs. Subject to the rights of the
holder of any secured interest in the leasehold estate to assume this lease, all improvements
made to assigned areas and all additions and alterations thereto made upon said area by Lessee,
shall be and remain the property of Lessee until expiration or termination of this agreement as
set forth in Sections ' 5 and 16, at which time the said improvements shall become the property
of Authority.
8 - TAXES, i;TILIT ES A— -ND LICENSE FEES
8.1. Taxes, Licenses and Of -her Charges. Lessee shall be solely responsible for
payment of all taxes, licenses and other charges' ied or imposed upon the rights, Leasehold
interest or other property of Lessee.
8.2. l,tilities. Lessee shall be solely responsible for payment of water and sewer
services. Lessee shall be solely responsible for all gas, trash removal, heat, electricity, and
telephony: services. Lessee shall bear the cost of extending any utilities to the leased premises,
or modifying such ser4. ices to address the specific requirements of Lessee.
9 - .W`r-N'f",ZKNANCE
9.1. General. Lessee agrees and covenants, that it shall faithfully and fully maintain the
all improvements canstructed or. the leased premises, at its sole cost and expense, during the entire term
of this Agreement, ow any entension thereof. Lessee agrees, except as othenmse pmvided herein. that it
shall, during the term or any en -tension of this Agreement, maintain and peep all the leased premises in a
sate, v%,orkable, clean. and sanitary condltlon, in good repair and free from obstructioris.
Lessee further understands and =_tees that Authoriq, by the exercise of reasonable
discretion, shall be 1-,e sole judge of the quality of maintenance and thaL upon written notice by
Authority to Lessee. Lessee will be required to perform S,ihatever reasonable maintenance Authority
deems necessani. l said maintenance is not undertaken by Lessee uAthin ten (10) days after receipt of
the written notice. Authority shall have the right to enter on the demised premises and perform necessary
maintenance, the cost of which shall be borne by the Lessee.
9.2 _ Land. Lessee agrees to maintain and keep the leased premises mowed and
free and clear of all trash and debris.
9_. Refuse_ Lessee agrees to furnish covered metal containers for refuse and to
remove all reffusc from. the -ki por¢ at such intervals as are necessary to avoid an unsightly
appearance on the leased premises. No damaged aircraft or aircraft parts will
remain on premises.
10 -DAMAGE CAR DESTRUCTIO'24 OF PREMISES
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i'+iew 1[k=ov" County Airport Contract #
1O.l. Buildings or Structures Built by Lessee. If any building or structure, built by
Lessee is damaged and in Lessee's scale reasonable judgment can be restored to its prior condition
within a reasonable time, then Lessee shall restore the same sN1th reasonable. promptness. In this case,
Lessee shall be entitled to receive and apply the proceeds of any insurance cohering such loss; and any
excess of proceeds shall belong to Lessee. Howmrer, if Lessee determines in its sole judgment that
damages to the leased premises are uneconomical to restore. Lessee may cancel this agreement
pursuant to Section- 1-5.1(c). In such latter case, the proceeds of insurance, if any, shall be
apportioned between Authority and Lessee, wah Authority receiving the same proportion of such
proceeds as the then-e�:pired portion. of the aggreement term bears to the full term hereby granted, and
Lessee receiving the balance thereof.
11- ASSIGNMENT AND SUBLETTING
in General. [.essec shall not assign, transfer, mortgage or otherwise encumber
this lease or any interest of Lessee therein, ir, Avitale or in part, nor sublet the whole or any part of the
demised premises or permit the demised premises or any part thereof to be used or occupied by others;
without first obtainung in each instance the prior xvritten conserk of Airport Director, which consent
shall not be unreasonable xifriheld.-Any consent InY Aiport Director to any assignment or subletting
shah be held to apply only to the specific transaction thereby authorized and shall not constitute a
waiver of 'die necessity for such consent to any suabseeuent assignment or subletting. if this lease or
any interest therein be assigned or if the demised premises or any part thereof be sublet or occupied by
anyone other than 'Le Me without the Airport Director's prior ,witten consent having been obtained
thereto. Authority° inay ne entheless collect rent frorr, the occupant and apply the: rent amo-u it
collected to the -entr therein rese:s•ed. but no such collection shall be deemed a waiver of this
covenant against asei�antnenr. or constitute a release of Lessee from the further perfonmarnce by Lessee
of the terms and vn:n isions of this lease. I f this lease or any interest of Lessee therein be assigned or if
the whole or any part o€'the demised premises be sublet; alter having obtained Airport Director's prior
written consent thereto, Lessee shall nevertheless remain full; liable for the full perlormarnce of all
obligations under this lease to be pertom.ed b;° Lessee and Lessee shall not be released therefrom in
any manner.
lZ - INSURA NCE
1 L.1. Insurance Coverages. Lessee shall procure and maintain in full force and
effect at all times and at its sole expense the insurance coverages listed in Schedule B attached hereto and
made a. part herein and snail Ptmide Authority -Aith certificates of insurance vAdeneing the required
coverages.
12.2. Canecilation of Coverage. Each of the insurance policies and certificates
required herein, except for workers` compensation, shall show the Authority and any tender
assignees as named' insureds. and shall hear the folto,%ing provision:
"i his policy cannot be canceled, reduced in amount, or coverage lirnited in less
than thirty (?U) days after ..tailing vvritten.notice to the insured and. Authority of
such alteration or cancellation sent by certified mail_
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New Hanover County Airport Contract ##
i� - INDE.NINTrV
13.1. Lessee shall indemnify and hold Authority and New Hanov7er County, their
officials; agents; and employees harmless from and against any and all loss, cost (including attomeys,
fees), damages, expense and liability (including statutory liability and liability under workmen's
compensation laws) in connection vdth claims for damages as a result of injury or death of any person
or property damage to any property arising from any acct, errors, omissions, or negligence of the Lessee,
or an), of its agents, contractors. servants, employees, Mvitees or licensees.
14 - INDEPENDENT CONTRACTOR
14.1. In conducting its business hereunder, Lessee acts as an independent contractor and
not as an agent of the _authority .The selection, retention_ sssigntnern direction; and payment of Lessee's
employees shall be Lessee's sole .responsibility, and Authority shall not attempt to exercise any control
over the daily perlonnance of duties by T.essce's employees.
15 - TER-lIN A TION BY ]LESSEE
i .1. Lessee ma-y cancel this agreement and terminate all or any of its obligations
hereunder. at anv idme *fit Lesnee is not in default in. the payment of any rentals. fees, or charges to
Authority, by gi'-iag vvnt€en nobku! to Authority upon or after the happening of any o, the fbllos irg
events:
a) The substantial restriction of, or interference �t: , Lessee's use of the
Airport for a period in excess of ninety (90) days; provided that such restriction or
interference is not due to any fault of Lessee;
it, The default by Authority in the performance of any terra or terms of this
agreement and the failure of Authc ty to remedy such default within a period of thiM,
(30) days after the receiptfrom Lessee of ;krittelf notice io temedy the salve;
c) The damage to buildings or structures built by Lessee which. in Lessee's
sole reasonable judgments; . is uneconomical to restore. insurance proceeds shall be
distributed as provided in Section 10.1.
16-TER't'IINATION BY AUTHORITY
16.1. Default. The happening of any one or more of the folloxving listed events
(hereinaller ref=,ed to singly; as "event of default" and plurally as "events of default") shall
constitute a breach of this agreement can the part of Lessee:
a) The failure of Lessee to pa}- any rent or any other amount payable
under this agreement when the same becomes due and payable.
b) ne failure by Lessee to perform any tenri or terms of this
agreement and the failure of Lessee to remedy such default within a period of thirty (30)
days after file receipt fern Authority of written notice to remedy the Same.
c j it is cmpressly agreed that if at auy time during the term of th;s lease
path of the secand pail should be adjudged bank upt or insolvent by any Federal or State court
of competent jurisdiction or should the landlord reasonably deem that the Tenant has undergone
Page 10 of 20

Neu, Hanover County Airport Contract {#
a corporate reorganization or restructuring such that the financial uitegdty of Tenant is
diminishes,party of the first part may at his option declare dus lease terminated and cancelled
and take possession of said premises.
16 V-aiyer. No waiver by Authority of default by Lessee in performance of any teim
or terms of this agreement shall be construed to be a waiver of any subsequent default. The acceptance
of rental or the perforimmance of all or an}part of this Lease Agreement by Authority, for or during any
period or periods after a default in performance by Lessee, shall not be deemed a weiv er of any right on
the part of Authority to declare a default or teminate this Lease Agreement for a subsequent breach
thereof
163. Effect of Default. Upon the happening of any event of default as defined in
Subsection 16.1 above, Authority- may, at its option and to the extent permitted by law: (1) terminate
this Lease Agreenment, or (?) terminate Lessee's right to possession and occupancy of the leased
premises mithout terrnmune this Agreement. PROS? DED, HOW-M7ER, that Lessee shall have a
period of thirty (30) days after delivery of "NO`I'ICE OF DEFA~tJLT" in -which to cure the default prior
to any temvnation by Ai Ahority as herein provided.
16.4. Termination of Agreement. In the event Authority shall temnnate this
agreement or Lessee's right to possession or occupancy of the leased premises as provided herein, Lessee
shall promptly vacate the premises, suri ender and deliver possession thereof to Authority, and at its sole
expense remove fi-on, the leased premises tivithin ninety (90) days aL signs, trade fixtures. furnishings,
personal proper�tv, cquipment, and materials which Lessee w as permitted to install and maintain under
the rights granted herein. Any of Lessee's property not remoied tvi*;hin ninety (K) (kys shall become
Authority property.
�- •7�,
I J •1\O=_�.�ES
i 7-:. Forms of Notice. All notices, consents and approvals required or authorized
by this agreement and Lease to be gi-yen b4 or on behalf of either party to the other: shall be in
writing and signed by a duly designated representative of the party by or on whose behalf they
are given, and shall be deerned given at the time a registered or certified letter properly
addressed, postage prepaid, is deposited in any United States Post Office.
17.2).:yotice to Authority. Notice to Authority shall be addressed to it and delivered
at the office of the Airport Director, tiTew Hanover County Airport Authority, V'ilmir_gton
International Airport.. 1740 Airport eoulevard, Wilmington, Suite 12, '_North Carolina 28405,
either by hand or certified mail, postage prepaid, or at such other office as it may hereafter
designate by notice to Lessee in %,n6ng.
17.3. Notice . to Lessee. Notice to Lessee shall be addressed, to
at the office of Lessee located at
_ either by hand or registered or
certified mail.. postage prepaid, or at such other office in the continental United States as it may
hereafter designate by notice to Authw ity in writing.
18 - FEDERAL GOO RItiMENTAL REQUIREMENTS
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New Hanover County; Airport Contract i#
18. 1. Federal Agency Agreements. Authority hereby advises the Lessee that it
has entered into various agreements with the United States Government in respect of a return of
said Airport to its control after use by Federal Authorities during World War 11. Authority
further represents that since that time it has entered, and it intends from time to time hereafter
to enter, into additional agreernews -with Governmental agencies with respect to applications
for funds for improvements to be made at said Airport, as required by pertinent statutes, rules
and regulations of respective and duly constituted, competent governmental authority having
jurisdiction thereof. This lease is expressly made subject to all of said agreements now existing
or hereafter made.
Authority also reserves the rights to: (1) further develop and improve the Airport
as it sees fit, and (2 ) to take any action it considers necessary to protect the aerial approaches of
the Airport against obstruction, together vdth the right to prevent the Lessee from erecting. or
permitting to be erec%ed, any building or other structure on the Airport which, in the opinion. of
Authority, �hFould unlit -t e usefulness of the .Airport or constitute a hazard to Airport.
19 - RELOCATION OF PREMISES
19.1, itiioticc. of Relocation. If at any time during the term of this Agreement the
Authority detennines that the Leased Premises, or any portion thereof is required to permit
development of p'snned loL ,?-range Airport improvements proposed by the Authority, upon
prior written notice to Lessee tae Authority shall have the right to relocate Lessee to another
location or. the Airport ,vi ich, in :he Judgment of the-uthority, is an appropriate and suitable
location for Lessees use and operatio as. Such notice shall infio m Lessee of the proposed ne-ar location
and specify the date upon -,i-tiich the proposed relocation is to become effective, ',Afiich date shall not be
earlier than t N o ,? � years following the date of said notice. Upon issuance of such notice and without
delay; the Authority shall consult NAith Lessee as to the location and other aspects of replacement space
for its permitted operations. _
19.2. ;A grecment to Relocate. if Lessee agrees to such relocation. A stall
commence and prosecute to the construction, erection and installation of all necessary buildings
and improvements. or removal to and re -erection of existing improvements upon the new
location at airport expense. In either event; the plans and specifications for such new or
relocated buildings and ftnprove111ents shall be subject to revie-vA► and approval in writing by the
Airport Director, xvhich approval shall not be unreasonably withheld or delayed, prior to
commencerncnt of any construction or re -erection. Upor. completion of the relocation of
Lessee's facilities ?.s contemplated herein. the near location shall thereupon become the "Leased
Premises" within the definition of such term as used in this Agreement, and all right on the part
of Lessee to use any portion of the Leased Premises as described in Schedules A and B attached
hereto shall thereupon cease. .All of the remaining provisions of this Agreement shall apply to
the new location as fully= and to the saine extent as if the same were !hc original Leased
Premises described herein.
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New Hanover County Airport Contract #
20-MISCELLANEOUS PROVISIONS
20.1. Entire Amement. This agreement constitutes the entire understanding between the
parties and supersedes all prior and 'independent agreements between the parties covering the subject
matter hereof and the leased premises. Any change or modification of this lease agreement must be in
writing signed by both parties.
20.2. Severability . In the event any provisions hereof shall be finally declared void
or illegal by an court or adrniiusteadve agency Laving Jurisdiction, the remaining provisions shall
continue in full force and effect as nearly as possible in accordance with the origgginai intent of the parties.
20.3_ Headings. The headings used in this agreement are intended for convenience
of reference only and do not define, expand, or limit the scope or meaning of any provision of this
agreement.
20.4. Governing Law. This agreement is to be construed in accordance with the
laws of the State of North Carolina_
20. A. Pnor Agreements. This agreement supersedes all prior agreements between the
parties respecting the subject matter of this agreement. Loth iwritten and unwritten, and constitutes the
entire agreement i,'-Lween the parties as of the date hereof. Any provisions of prior agreements winch
conflict in any manner with the provisions of this agme ment are hereby specifically declared void and of
no ef3ect.
20.6. 1P.Mection Authorized representatives of the Authority may enter upon the
Leased Premises at reasonable times for the purpose of making inspections of said Leased
tPranises. in operating the AirporL.
20.7. Approval of Signs. The number, size; tyrpe; design and location of all signs
displayed or maimained In Lessee in view of the general public shall be subject to review by and the
prior written approval of the Airport Drector, Nvttich apprm al shall not be unreasonably withheld.
0.; L-'Verify-- Corpliance. Pursuant to S.I:. 2015-294, Contractor shall fully comply
with the U.S. Department of Homeland Security employee legal status E-Verb- requirements for itself
and all its subcontractors. Violation of the provision, unless timely cured_ shall constitute a breach of
contract.
20.9 Iran Divestment Act of 201 Compliance Pursuant to N.C.G.S.147-86.55 et. seq.
The Act requires that the State. a North Carolina local government; or any other political SUM-knsion of
the State of N-oith Carolina trust not Wlitz anycontractor ar subcontractor, found on the State
Treasurer's Final Divegment List Contractor certifies that it or its subcontractors are not listed on the
Final Divestment List created by the North Carolina State Treasurer pursuant to ' I.C.G.S. 147-85.60.
The State Treasurer`s Final Divestment List can be found on the State TreasLrer's website at the address
w-Aw.ncuew rcr eonifIran and -4,01 be updated every 180 days.
Page 13 of 20

New Hanover County Airport Contract #
LN V'4TFNESS W-HE-REOF, the parties have caused this agreement to be executed by
their duly authorized officers in duplicate originals, one of which is retained by each of the parties, this
the day and year first above written.
[Corporate Seal
ATTEST:
Secretary -
This instrument has been pre -audited in
the manner required by the Local
Government Budget and Fiscal Control
Act.
Airport Finance Director
NORTH CAROLINA
NENX HANOVER COUNTY
NEW FLAOVER COUNTY AIRPORT
AUTHORITY
Chairman
New IIanover Count}• Attorney acting as
Attorney for New llanover County Airport
Authority°. Approved as to farm:
Wanda M. Copley, Airport Attorney
a Notary Public of the State and County
aforesaid, certify.- that personally came before me this day and
acknowledged that he is Secretary of the New Hanover County Airport Authority; and that by
authority duly given and as the act of the Authority, the foregoing instrument vvas signed in its
name by its Chairman. , sealed with its corporate seal and
attested by him1erself as its Secretary.
V'I NESS n}N, hand and official seal, this day of , 10
my Commission Expires:
Notary Public
( ,otar-y Seal)
Lessee_
Page 14 of 20

Neiv Hanover County Airport Contract it
[SEAL-1
By: Social Bark, Inc.
Title --
STATE OF
COUNTY OF
f , a Ncaary Public of the County and State
aforesaid, ceriifv that personally appeared before me this day
and acknowledged that he.'she is of
and being authorized to do so, he/she executed the foregoing on behalf of
WrIWEESS my hand and official seal or stamp this day of
20
My COMM-Ission Expires:
Pane 15 of 20
Notary Public
(Notary, Seam

New Hanover County Airport Contract #
Located at
Schedule A
?Metes and Bounds Description/Survey
Acres More or Less
Page 16 of 20

New Hanover County Airport Contract #
SCHEDLTLE B
INSLIRANCE R.EQbM ENIE` TS for SOCIAL BARK, INC.
1. Uiii NUM SCOPE AND LTMITS OF ENSL"RANCE.
1.1. Commercial General Liability.
1.1.1. Lessee shall maintain Commercial General Liability (CGL) and
if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than
$1.000.000 for each occurrence for bodily injure and propemy damage. if such CGL- insurance
contains a general aggregate limit, it shall apply separately to this work, or the general aggregate
shall be twice the required limit..
.1.. CGL insurance shall be written on Insurance Services Office
(ISO) "occurrence? form CG 00 01 covering CGL or its equivalent and shall cover the liability
arising from premises, operations, independent contractors, products -completed operations,
personal and advertising injury, and liability assumed under an insured contract, including the tort
liability of another assumed in a business contract.
1.13. Authority, its officers, officials, agents; and employees are to be
covered as additionai insureds under die CGL by endorsement CG 20 10 and CG 20 37 or an
endorsement providing equivalent coverage as respects to liability arising out of activities
performed by or on behalf of Lessee•, products and completed operations of Lessee; premises
owned, leased or used by Lessee; and under *.Ise commercial umbrella, if any. The coverage shall
contain no special limitations on the scope of protection afforded to Authority, its officers,
officials, agents, and employees_
1.1.4. Lessee's CGL insurance shall be primary as respects Authoriq,,
its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by
Authority, its of acers, officials, agents, and employees shall be in excess of and shall not
contribute to Lessee's insurance.
L . Workers- Compensation and Employer's Liability.
121. Lessee shall maintain Workers' Compensation as required by the
general statutes of the State or North Carolina and Employer's Liability- Insurance.
1.3. Business Auto Liability.
1.3.1. Lessee shall maintain applicable Business or Personal Auto
Liability and, if necessary, CUL insurance with a limit of not less than S 1.000.000 each accident.
Personal auto insurance may be accepted in lieu of Business Auto Insurance.
1.3?. Such insurance shall cover liability arising out of any auto.
including oivned, hired, and nor: -owned autos used in the performance of work or services.
Page 17 of 20

New Hanover County Airport Contract #
1.33. Business Auto coverage shall be written on ISO form CA 00 01,
or a substitute form providing equivalent liability coverage_ if necessary-, the policy shall be
endorsed to provide Contractual liability coverage equivalent to that provided in ISO form CA 00
01.
13.4. Lessee-s Business Auto Liability insurance shall be primary as
respects Autiioritv, its officers, officials, agents, and employees. Any other insurance or self-
insurance main-ained by Authority, its officers, officials, agents; and employees shall be in excess
of and shall not contribute to Lessee's insurance.
1.4 Commercial Property Insurance.
I A.? Lessee shall maintain Commercial Property insurance cohering
the building., fixtures, equipment, tenant improvements and betterments.
1 A.? Commercial Property insurance shall, at minimum, cover the
perils insured under the ISO Special Causes of Loss form (CP 10 30).
the property insured.
1.4.3. Commercial Property insurance shall cover the replacement cost of
1.4.4. The amount insured shall equal the lull estimated replacement cost
of the proper-,- insured.
1.4.5 Any coinsurance requirement in the policy shall be eliminated
through the attachment of an agreed amount endorsement; the activation of an agreed value
option, or as otherwise appropriate under the particular policy form.
1.4.5. New 14anover County and Authority shall be included as an
insured under the Commercial Property insurance.
1.4.7 Lessee mmi, at its option, purchase business income, business
interruption, extra expense or similar coverage as part ofthis Commercial Property insurance, and
in no event shall New Hanover County or New flanover County Airport Authority be liable for
any business interruption or other consequential loss sustained: by Tenant, whether or not it is
insured, even if such loss is caused by the negligence of New Hanover County, Authority, its
officers, officials. agents, and employees.
1.4.8. Lessee may, at its option, purchase insurance to cover its personal
property. In no event shall New Hanover County or Authority be liable for any damage to or loss
of personal property sustainer) by lessee. whether or not it is insured, even if such loss is caused
by the negligence of New Hanover County, or .Authority, its officers, officials, agents, and
employees.
1.4.9. Lessee small maintain Equipment. Breakdown insurance covering
th4 building. fixtures. equipment, tenant improvements and betterments, and tenant's personal
property for loss or damage caused by the explosion of steam bailers or similar equipment.
Page 18 of 20

14evv Hanover County Airport Contract #
1..10 WaiYer of Subrogation: New Hanover County, Authorih• and
Lessee hereby waive any recover' of damages against each other (including their officers,
officials, agents,, and employees) for loss or damage to the building, tenant improvements and
betterments, fixtures; equipment, and any outer personal property to the extent covered by
Commercial Property insurance or Equipment Breakdown insurance required above.
1.4.11. If the Commercial Property insurance and Equipment Breakdown
insurance purchased by Lessee as required above do not allow the insured to wane rights of
recovery against others prior to loss, Lessee shall cause their to be endorsed with a waiver of
subrogation as required above.
1.5 Deductibles and Self -Insured Retentions.
1.5.1. Any deductibles or self -insured retentions must be declared to
and approved by Authority. At the option of Authority, either the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects Authority, its officers, officials, agents, or
employees; or Lessee shall procure a bond guaranteeing payment of deductibles or self -insured
retentions.
1_5i. Lessee shall be solely responsible for the payment of all
deductibles to ivhich such policies are subject, regardless of whether Authority is an insured
under the policy.
i.b_ N-lisceilancous Insurance Provisions.
1.6.1 _ Any failure to comply with reporting provisions of the policies
listed in this Contract shall not affect coverage provided to Authority its officers. officials, agents,
and employees.
1.6.2.. Each insurance policy required by this Contract shall be
endorsed tcw state that coverage shall not be canceled by either party except after thirty - (30) days
prior written notice has been given to Nev., Hanover County Airport Authority, 1740 Airport
Blvd., Wilmington, NC 28405.
1.63. If Lessce's 'Liability policies do not contain the standard ISO
separation of insureds provision, or a substantially similar clause, they shall be endorsed to
provide cross -liability coverage.
Acceptability of Insurers. Insurance is to be placed with insurers licensed
to do business in the State of North Carolina with an A.vl. Hest s; rating of no less titan. A Vlt
unless Authority has granted specific approval.
? .8. Evidence of Insurance.
1.8.1. Lessee shall furnish Authority with a certificate(s) of insurance;
executed by a dt:ly authorised representative of each insurer, sltow•ing compliance with the
insurance rcquirements priorto commencing the work or services, and thereafter upon renewal or
replacement of each certified coverage until all operations under this Contract are deemed
complete.
Page 19 of 20

New Hanover County Airport Contract #
.8.2. Evidence of additional insured status shalt be noted on the
tietdfcate of insurance as Der requirements in this Contract.
l.$ 3. With respect to insurance maintained after final payment in
compliance with requirements, an additional certificate(s) evidencing such coverage shall be
provided to Authority, with final application for payment and thereafter upon renewai or
replacement of such insurance until the expiration of the period for which such insurance must be
maintained.
1.9. Conditions.
1.9.1. Vv'here circumstances warrant, Authority .may, at its discretion
subject to acceptance by the Authority and Risk Management, accept letters of credit or custodial
accounts in lieu of specific insurance requirements.
1.9 -2. Lessee shall provide that the insurance contributing to satisfaction
of insurance requirements in this Contract and shall not be canceled, terminated, or modified by
Lcssce without prior %ti-ritten approval of Authority.
1.9.31 Lessee shall promptly notify Authority and Risk Management at
(910) '?95-74977 of any accidents arising in the coarse of operations under the Contract causing
bodily injury; or property, damage.
1.9.4. Authority reserves the right to obtain complete, certified copies
of ail required insurance policies.
1.9.5. Failure of Auuthority to demand a certificate of insurance or other
evidence of full compliance with these insurance requirements or failure of Authority to identify a
deficiency from evidence that is provided shall not be construed as a !valises of Lessee's
obligation to maintain such insurance_
1.9.b. Authority does not represent that coverage and limits will be
adequate to protect Lessee and such coverage and limits shall not be deemed as a limitation of
Lessee's liability under the indemnities granted to Authority in this Contract.
1.9.7. if Lessee fails to maintain the insurance as set forth herein,
Authority shall have the right to purchase said insurance at Lessee's expense. Lessee agrees to
reimburse Authority, for all expenses incurred for such purchase.
1.9.8. Lessee or Its agent may apply to authority for approval of higher
deductibles based on financial capacity and quality of the carrier affording coverage.
1.9.9. Authority- shall have the right to prohibit Lessee or any
subcontractor from performing work or services and inky withhold payment until required
certificates has been received and approved by Authority.
Page 20 of 20