SCHEDULE A 

Respondent Horry County Department of Airports ("HCDA") hereby answers the factual 

allegations in the Part 16 Formal Complaint and supplemental Statement of Material Facts of 

Complainant Skydive Myrtle Beach, Inc. ("SDMB") as follows: 

STATEMENT OF FACTS 

(from Part 16 Formal Complaint) 

I. In April 2012, SDMB negotiated a lease with Ramp 66, LLC for Hangar 7 at the GSA in 

North Myrtle Beach, SC and was granted exclusive rights to conduct parachute operations at 

CRE for a period of eight (8) years. 

Answer: HCDA denies that SDMB has the exclusive right to conduct parachute 

operations at CRE (erroneously referred to as GSA). Answering further, HCDA states 

that there is a May 10, 2012 letter agreement between SDMB and Grand Strand Aviation, 

Inc. dba Ramp66 for SDMB "to provide tandem parachute jumps from the Grand Strand 

Airport." HCDA-OOOOOI. This agreement expired when HCDA took over CRE 

operations from Ramp66 in August 2013, at which time SDMB executed both an 

Operating Agreement and a Space Use Permit with HCDA. See HCDA-000003-000017. 

HCDA is without information or knowledge sufficient to form a belief as to the truth of 

the remaining allegations in this paragraph, and on that basis denies the same. 

2. On May 11, 2012, a Letter of Agreement (LOA) was signed by SDMB, HCDA, Myrtle 

Beach Air Traffic Control Tower (MYR) and CRE for conducting non-emergency parachute 

operations. See Exhibit 2 at 19-21. 

Answer: HCDA admits that a Letter of Agreement regarding "Non-emergency 

Parachute Operations at North Myrtle Beach, SC," effective May 11,2012, was entered 

into by HCDA, MYR, the Grand Strand Air Traffic Control Tower (the "CRE Tower", 

which at all relevant times has been operated by Robinson Aviation, Inc.), and SDMB. 

3. On or about July 15, 2013, Ramp 66, LLC represented to SDMB that HCDA would 

require SDMB to enter into a Lease with HCDA with the same or similar term and rental cost 

provIsIOns. 

Answer: HCDA is without information or knowledge sufficient to form a belief as to the 

truth of the allegations in this paragraph, and on that basis denies the same. 

4. On August I, 2013, Ramp 66, LLC sold its leasehold interest to HCDA and HCDA 

resumed control of GSA. 

Answer: HCDA admits that it resumed control ofCRE on or about August 1,2013. 

4818-5357-1104.2 
5. In August 2013, HCDA infonned SDMB that it would have to double its liability of "slip 

and fall" policy coverage to $2,000,000 and pay $1,200 per month for Hangar 7 or HCDA 

would not pennit SDMB to operate its business on GSA property. See Exhibit 1 at 14-16. 

HCDA represented to SDMB that these terms would be presented to Horry County Council 

during the six (6) month temporary period for a long-tenn lease. 

Answer: HCDA admits that, upon resuming control of CRE operations from Ramp66 in 

August 2013, all commercial aviation tenants were required to sign a Space Use Pennit to 

occupy premises at CRE. SDMB's Space Use Pennit included a monthly $1200 rent 

payment. HCDA-000004. SDMB also provided to HCDA a Certificate of Insurance 

dated September 6, 2013, with a $2,000,000 General Aggregate Limit of Liability. Id. at 

HCDA-OOOOIO. HCDA denies the remaining allegations in this paragraph. 

6. On October 15, 2013, CRE notified SDMB of a situation whereby a skydiver crossed a 

taxiway rather than staying on the grass as required by FAA regulations. See Exhibit 1 at 86. 

Answer: HCDA admits that a skydiver from SDMB crossed an active taxiway on or 

about October 15, 2013. HCDA denies the remaining allegations in this paragraph, to the 

extent they mischaracterize the referenced document or describe it in a misleading way. 

7. On October 27, 2013, a skydiver inadvertently landed on the taxiway adjacent to the 

landing area and was medivacked [sic 1 to the hospital. Infonnation requested from HCDA 

relating to this incident was not released to avoid a potential Health Infonnation Privacy 

Protection Act (HIPPA) and Privacy Act violation. See Exhibit 1, at 99. 

Answer: HCDA admits that on October 27,2013, a SDMB skydiver landed outside the 

designated landing zone and was medevac'd to a hospital, and that SDMB refused to 

disclose any infonnation about the incident to HCDA, citing the Health Insurance 

Portability and Accountability Act ("HIP AA"). The second sentence of this paragraph 

contains a legal conclusion to which no response is required, however, to the extent any 

response may be deemed necessary, HCDA denies that SDMB is a healthcare provider or 

other covered entity under HIP AA. 

8. In October 2013, Sgt. Ortiz, a North Myrtle Beach, SC fire inspector, infonned SDMB 

that it needed to replace a blank panel in the electrical box, remove extension cords, and install 

electrical receptacles for its office equipment to avoid a fine or violation. SDMB requested 

HCDA, through its manager Tim Jackson, to correct the electrical deficiencies. In November, 

having heard nothing from HDCA relating to the electrical issues, SDMB repaired the defective 

receptacles and conduit with a licensed electrical engineer. Due to HCDAs [sic 1 failure to correct 

the electrical deficiencies, SDMB was issued a fine for the violations by the North Myrtle Beach 

Fire Department and paid a $205 dollar fine to the city. See Exhibit 2, at 22-24. 

4818-5357-1104.2 

Answer: HCDA admits that SDMB violated the local fire code. HCDA is without 

infonnation or knowledge sufficient to fonn a belief as to the truth of the remaining 

allegations in the first, third, and fourth sentences in this paragraph, and on that basis 

denies the same. With respect to the second sentence, HCDA admits that SDMB made a 

request to Tim Jackson for HCDA to perform electrical repairs at Hangar 7. HCDA 

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denies that it had any obligation to make such repairs. SDMB's Space Use Permit (now 

expired, but in effect at the time) provided both that "Company [SDMB] ... shall be 

responsible for maintaining all non-structural elements" and "Company accepts the Space 

in its 'as-is' condition and County has no obligation to improve, repair, restore, or alter 

any portion of the Space." HCDA-OOOOOS. 

9. On November 27,2013, via certified mail, return receipt requested, HCDA alleged that 

SDMB had an unrestrained dog roaming the "active areas" of the airport and had overnight 

guests in the Hangar in violation of unpublished HCDA policies that would result in the 

revocation of SDMBs [ sic] operating permit and space use permit, if repeated. See Exhibit 2, at 

27-28. 

Answer: HCDA admits that it sent a letter dated November 27,2013 by certified mail to 

SDMB, regarding its concerns that SDMB had an umestrained dog on airport property, 

including in active aircraft operations areas, and that SDMB personnel were allegedly, 

regularly, residing overnight in Hangar 7. Compl. Ex. 2 at 27. The letter asked SDMB to 

"refrain from allowing pets to reside on Airport property as they are considered possible 

hazards to the public as well as vehicle and aircraft traffic on the Airport." The letter also 

stated that if personnel were residing overnight in Hangar 7, that practice "must also 

cease immediately." ld. Finally, the letter stated: "Any violation or failure to comply 

will result in immediate revocation of your County Operating Permit and Space Use 

Agreement." ld. HCDA denies the remaining allegations in this paragraph and any 

implication that HCDA acted in any way improperly. 

10. On or about January 6, 2014, SDMB addressed HCDAs [sic] concerns and notified 

HCDA that the failure to respond to its letter was due to the fact that it's [sic] Manager, Tim 

Jackson had issued instructions to the FBO employees to refuse to accept any and all mail and 

parcels requiring signatures. See Exhibit 1, at 109-110. 

Answer: HCDA admits that SDMB sent a letter to HCDA dated January 6, 2014 in 

response to HCDA's November 27,2013 letter, and that SDMB's response made similar 

allegations to those in this paragraph. Compl. Ex. 1 at 109-10. HCDA denies the 

allegations in this paragraph to the extent they imply that HCDA acted in any way 

improperly. 

11. On January 21, 2014, CRE notified SDMB that it [sic] manager "feels" parachuting on 

GSA was unsafe and steps should be taleen to improve safety due to the HCDA mandated change 

of parachute Landing Zone (LZ), barmer tow, and helicopter guide operations for the upcoming 

season. See Exhibit 1, at 111. 

4818-5357-1104.2 

Answer: HCDA admits that the CRE Tower sent an email dated January 21, 2014 to 

SDMB stating: "We are often having jumpers land outside of the landing zone," and "1 

feel that when the 'season' starts with banner tow and helicopter rides, its [sic] going to 

be unsafe to conduct both operations at the same time." Compl. Ex. 1 at 111. The email 

continued: "For now and in planning for the spring/summer, we will have to accomplish 

the parachuting activity by holding the aircraft while it takes place." ld. HCDA denies 

that the email refers to any "HCDA mandated change of parachute Landing Zone (LZ), 

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banner tow, and helicopter guide operations for the upcoming season," and further denies 

that it mandated any such change. See id. Answering further, HCDA states that the 

designated parachute landing zone at CRE was altered from approximately August 2013 

to April 2014 to accommodate Phase I of its ramp repaving project. Finally, HCDA 

denies the allegations in this paragraph to the extent they imply that HCDA has any 

control over when and whether aircraft are held; these decisions are properly and 

independently made by the privately-operated CRE Tower. 

12. On January 23, 2014, SDMB requested a meeting with CRE to address its safety 

concerns and discuss operations for the upcoming season. See Exhibit at 113. In its answer, CRE 

indicated that HCDA should also be a party to the discussion. See Exhibit 1, at 114. 

Answer: HCDA denies the allegations in this paragraph to the extent they imply that 

HCDA has any control over the privately-operated CRE Tower. HCDA admits that on 

January 23, 2014, SDMB sent an email to the CRE Tower dated January 23, 2014 

regarding jumping at CRE, stating "Under our operating agreement, we are permitted to 

land anywhere within five (5) miles of the airport, if necessary." Compl. Ex. 1 at 113. 

The email further stated: "we believe a meeting with Mr. Washington and Airport 

Authority, our legal council [sic] and city counsel may be warranted." Id. In its answer, 

the CRE Tower stated: "I am aware of only the one Letter Of Agreement (LOA) that 

CRE MYR and Skydive MB all signed and it doesn't speak of landing any where other 

than the designated landing zone, but I do recall you had a different LOA once before 

that wasn't coordinated with CRE tower. ... I'm more than happy to meet with you and 

your legal council [sic] as my goal is safety. Let's allow sufficient time to get Horry 

County Airport Management and as many airport users as we can to participate." Id. 

Answering further, HCDA states that SDMB's Operating Permit did not contain any 

provision for landing "anywhere within five (5) miles of the airport, if necessary." See 

generally HCDA-0000II-HCDA-000014. SDMB's May 11, 2012 LOA with HCDA, 

MYR, and the CRE Tower defines the location of SDMB's landing zone, and provides 

that SDMB "parachutist[s] are authorized to land in the defined 'Landing Zone' only and 

are not authorized to land on any runway, taxiway or ramp area." HCDA-000127 at ~ 5. 

13. Three days later, on Sunday, January 26, 2014, responding to an inquiry relating to holds, 

Robinson Aviation, Inc., Manager of Aviation Area II, Richard Allen indicated the need to 

possibly contact the FAA "runway incursion folks again ref. the golf carts and etc. today." See 

Exhibit 1, at 119. 

4818-5357-1104.2 

Answer: HCDA admits that in the January 26, 2014 email produced by SDMB, Richard 

Allen of Robinson Aviation, Inc., stated: "I think we may talk with the runway incursion 

folks again ref. the golf carts and etc today." Compl. Ex. 1 at 119. Mr. Allen's statement 

appears to follow up on correspondence between SDMB and the CRE Tower, in which 

the CRE Tower stated: "This afternoon we had a couple of issues with people walking 

on the taxiways and driving golf carts on the taxiways without getting permission from 

the tower first. I'm sure your [sic] aware that's against the rules as we have spoken about 

this before. In an effort to keep the operation safe and by the rules can you rebrief your 

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folks not to enter a taxiway or runway without contacting the tower first. Id. at 120. 

SDMB's response to this included admissions that its personnel had entered runways and 

taxiways without permission: "I golf cart went out to retrieve what was thought at the 

time an injured jumper. This was done to quickly clear the runway" and "I jumper landed 

in between the runway and taxi way. Permission was obtained prior to crossing without 

response from the tower." Id. at 119-20 (emphasis added). 

14. On February 3, 2014, SDMB again attempted to schedule a meeting with MYR, CRE and 

other interested parties. See Exhibit I, at 130. Later that same day, SDMB was contacted by 

HCDA about another vehicle/pedestrian complaint by CRE to FAA for an active area incursion. 

See Exhibit 1, at 138. 

Answer: HCDA does not have information or knowledge sufficient to form a belief as to 

the truth of the first sentence in this paragraph, and on that basis denies the same. HCDA 

also denies the allegation to the extent it is based on the referenced document, which does 

not reflect a request to "schedule a meeting with MYR, CRE and other interested 

parties." Compl. Ex. 1 at 130. The document appears to invite James 1. Cline from the 

FAA to a "meeting with the tower and Myrtle International for our annual operating 

agreement," but does not disclose whether the meeting has or has not been scheduled. 

See id. Answering further, HCDA states that it appears from another document that 

SDMB told the CRE Tower on February 3, 2014 that a meeting "at 1400 (our location) 

would be great," and that the CRE Tower tried to attend this meeting. Compl. Ex. 1 at 

129, 134-37, 153. With respect to the second sentence of this paragraph, HCDA admits 

that it contacted SDMB on February 3, 2014 regarding an information request from the 

FAA relating to a "Vehicle/Pedestrian Incursion report (VPD)" for CRE. Ex. 1 at 138. 

The email does not state from whom the FAA received this report, and on that basis 

HCDA denies the remaining allegations in the second sentence of this paragraph. 

15. On February 5, 2014, SDMB set a meeting for Friday, February 7, 2014, to discuss CREs 

[sic] recent complaints to the FAA. See Exhibit 1, at 153. Additionally, SDMB responded to 

HCDAs [sic] request for information related to the golf cart and skydiver taxiway "incursion". 

See Exhibit 1, at 158. 

Answer: HCDAadmits that SDMB sent an email on February 5, 2014, attempting to set 

a meeting for February 7, 2014, though the subject matter ofthe meeting is not clear from 

the face of the email. See Compl. Ex. 1 at 153. HCDA admits that on February 5, 2014, 

counsel for SDMB also emailed HCDA with information concerning the January 26, 

2014 vehicle incursion onto an active taxiway. See Compl. Ex. 1 at 158. In this email, 

SDMB promised it "would request permission prior to entry on taxiway in future." Id. 

16. In the February 7, 2014, meeting, CRE advised SDMB about a LOA between HCDA and 

CRE whereby procedures for vehicular and pedestrian entry into "active areas" required CRE 

ground communication protocols. SDMB agreed to comply with these provisions, requested a 

copy of the LOA and implemented internal procedures to meet the terms of the HCDA-CRE 

LOA. See Exhibit 1, at 164-166. SDMB also requested repairs to the hangar for electrical, 

lighting and a street side door access to mitigate the deleterious effects of HCDAs [ sic] refusal to 

accept parcel deliveries. See Exhibit 1, at 167-168. Mr. Jackson objected to the minutes in that 

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4818-5357-1104.2 
"the FBO would not sign for deliveries however we will except [sic 1 any delivery that does not 

require a signature". See Exhibit 1, at 167. Following the meeting, CRE provided SDMB 14 CFR 

§ 139.329 as the authority for its complaints to the FAA and HCDA. See Exhibit 1, at 192. 

Answer: HCDA admits that at the February 7, 2014 meeting, SDMB was advised of the 

January 1, 2012 Letter of Agreement regarding "Control Jurisdiction of Airport 

Movement Areas" between the CRE Tower and HCDA. See HCDA-000123-

HCDA-000124. However, HCDA is without information or knowledge sufficient to 

form a belief as to whether this was the first time SDMB had been apprised of the LOA, 

and on that basis, denies the same. HCDA is without information or knowledge 

sufficient to form a belief as to the truth of the allegation that SDMB "implemented 

internal procedures to meet the terms of the HCDA-CRE LOA," and on that basis denies 

the same. HCDA admits the remaining allegations in the second sentence of this 

paragraph. HCDA admits that SDMB requested electrical and other repairs to Hangar 7, 

but denies the remaining allegations of the third sentence of this paragraph. HCDA also 

denies that it has any obligation to make repairs to Hangar 7 - even SDMB's expired 

Space Use Permit provided "Company accepts the Space in its 'as-is' condition and 

County has no obligation to improve, repair, restore, or alter any portion of the Space." 

HCDA-OOOOOS. HCDA admits that Mr. Jackson wrote the above statement. HCDA also 

admits that, on February 14,2014, the CRE Tower forwarded an email from the FAA to 

SDMB containing 14 CFR § 139.329, and stating "This is what the FAA sent me. This 

appears to go along with the LOA with the airport." Compl. Ex. I at 192. SDMB 

responded, "in conjunction with the LOA this makes complete sense. Now that we have 

a copy, we have implemented SOPs here where this should no longer present itself as an 

issue henceforth." Id. at 191 (emphasis added). 

17. On February 10,2014, CRE and SDMB included the ground communications in part of 

the draft between SDMB, ZJX, MYR, CRE, and HCDA proposed LOA. See Exhibit 1, at 194. 

Answer: HCDA admits the allegations in this paragraph, but denies that the referenced 

document supports these allegations. 

18. On or about February 14, 2014, CRE indicated that it would attend the Safety Meeting 

March 8, 2014, adding "1 plan to do all I can to make this work for all of us." See Exhibit 1, at 

197. 

Answer: HCDA denies the allegations in this paragraph to the extent they are based on 

the inaccurate reference to the CRE Tower as CRE. HCDA admits that in the referenced 

document, the CRE Tower makes the above statements. 

19. On February 17, 2014, SDMB attempted to address its maintenance, mail and parcel 

delivery issues with HCDA. See Exhibit I, at 210. 

4818·5357·1104.2 

Answer: HCDA admits that SDMB sent a letter to HCDA dated February 17, 2014 

regarding the above-referenced subject matter. 

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20. On February 19, 2014, HCDA was provided a letter from the Deputy County Attorney, 

Director of Airports, and Airport Manager, at the FAA-sponsored Safety Day. The letter 

identified more than ten (10) "serious" alleged FAA regulatory violations relating to skydiving 

as reported to HCDA by CRE. See Exhibit 3 at pages 54-57. Due to these allegations, the Deputy 

County Attorney indicated that a lease was not forthcoming but a new temporary space use could 

be used as an alternative provided SDMB paid the higher of $1,200 per month or 24% of its 

gross sales. See Exhibit 3, at 60, ~4.B. The new terms were non-negotiable and SDMB had 

seventy-two (72) hours to execute or vacate the hangar. See Exhibit 3, at 57. 

Answer: HCDA admits that on February 19, 2014 the Deputy County Attorney for 

Horry County sent SDMB a letter stating that SDMB's prior Space Use Permit had 

expired on January 31,2014, and attaching a new Space Use Permit for SDMB's review 

and acceptance. Compl. Ex. 3 at 54-66. The letter included a list of multiple instances of 

unsafe jumping practices, as well as vehicle and pedestrian incursions onto runways and 

taxiways, some of which necessitated FAA reporting and investigation. These incidents 

constituted a violation of SDMB's expired Space Use Permit and Operating Permit. See 

id. HCDA admits that the letter states: "In light of the foregoing, Horry County is 

unwilling to offer Skydive Myrtle Beach a leasehold interest in the CRE hangar facility at 

this time" and that the new Space Use Permit required "Fees for the use of the space will 

be $1,200.00/month or 24% of gross revenues, whichever is greater." HCDA also admits 

that the letter stated these terms were non-negotiable, and that SDMB had 72 hours to 

sign and return the Space Use Permit or vacate the hangar. Answering further, HCDA 

states that the 24% term was included in the Space Use Permit in error, and was also 

offered, in error, to other tenants in their new Space Use Permits. 

21. On February 19,2014, a copy of the proposed LOA with the terms between SDMB and 

CRE as agreed was sent to MYR for review and comment. See Exhibit I, at 214. On February 

24, 2014, skydiving operations at Grand Strand appeared smooth, without incident, and a 

working relationship with ZJX, MYR, CRE and SDMB had been developed with a workable 

LOA involving all parties. See Exhibit I, at 216-224. (HCDA did not participate in the draft 

LOA discussions although it was invited to do so). 

Answer: HCDA admits that SDMB emailed MYR on February 19, 2014 with a 

proposed new LOA. However, HCDA notes that the proposed LOA is not attached to the 

email referenced in this paragraph. See Compl. Ex. I at 214. HCDA denies the 

remaining allegations in this paragraph. 

22. On February 21, 2012, SDMB addressed each of the allegations in the HCDA letter, 

denied violating any Title 14 regulation, asked for a copy of the HCDA operating regulations or 

authority and requested to work out the issues between HCDA either informally or in a court. 

See Exhibit 3, at 67-78. 

4818-5357-1104.2 

Answer: HCDA admits that on February 21, 2014, SDMB sent a lengthy letter to 

HCDA responding to the Deputy County Attorney's February 19, 2014 letter. See 

Compl. Ex. 3 at 67-78. HCDA denies the allegations in this paragraph to the extent they 

mischaracterize the subject matter of the referenced letter or describe the same in a 

misleading way. 

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23. On February 23, 2014, the day after Horry County's seventy-two (72) hour take-it-orleave-it deadline, without notice, HCDA FBO staff under the direction of manager Tim Jackson, 

delayed fuel service to SDMB at Grand Strand by initially denying altogether, and later 

reconsidering on the phone. See Exhibit 5, at 35 (Affidavit of Ben Auker). 

Answer: HCDA denies the allegations in this paragraph. Answering further, HCDA 

states that on February 23, 2014, when SDMB's pilot came in to request fuel, HCDA 

employees explained that they needed to contact Tim Jackson for approval to fuel 

SDMB's aircraft, and the pilot left. HCDA-00018l-HCDA-000182. The employees 

contacted Mr. Jackson anyway, and he approved the request, provided SDMB had a form 

of payment at the time. Id. SDMB's counsel, Mr. Eastman, then approached the HCDA 

employees, who informed him that the fuel request had been approved. Id. Mr. Eastman 

stated that SDMB "weren't going to stop until Tim and Jack [Teal, another HCDA 

employee] lose their jobs." He also commented that the HCDA employees could tell Mr. 

Jackson and Mr. Teal what he had said. Id. 

24. On February 24, 2014, SDMB filed a Formal Complaint with FAA. See Exhibit 3, at 50. 

Answer: HCDA admits the allegations in this paragraph .. 

25. On February 26,2014, HCDA attorneys informed SDMB that it did not engage in "good 

faith" negotiations prior to filing its Part 16 formal complaint and requested SDMB to withdraw 

its formal complaint. See Exhibit 3, at 48. 

Answer: HCDA admits the allegations in this paragraph. 

26. By letter dated February 28, 2014, SDMB related its Part 16 Complaint was discrete from 

its state court complaint and attached a copy of its state complaint as a courtesy. See Exhibit 3, at 

46. SDMB also indicated its willingness to resolve the matters but refused to withdraw its Part 

16 complaint. Id. 

Answer: HCDA admits the allegations in this paragraph, but notes that the referenced 

document does not include a copy of the state court complaint. 

27. On March 4, 2014, HCDA moved to dismiss the Part 16 Complaint without prejudice. 

See Exhibit 3, at 44. 

Answer: HCDA admits that on March 4,2014 it sent a letter to the FAA respectfully 

requesting that the FAA dismiss SDMB's Part 16 Complaint without prejudice "until 

such time as SDMB complies with its obligations under § 16.21." See Comp!. Ex. 3 at 

43-45. 

28. On March 6, 2014, SDMB attempted to amend its Part 16 Complaint. See Exhibit 3, at 

39. 

4818-5357-1104.2 

Answer: HCDA admits that on March 6, 2014, SDMB filed a letter with the FAA 

requesting that the FAA deny HCDA's request to dismiss SDMB's Part 16 Complaint. 

In its letter, SDMB also purported to move to amend the Part 16 Complaint. 

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29. On March 7, 2014, HCDA raised SDMBs [sic] failure to attach supporting documents 

and moved to dismiss. See Exhibit 3, at 38. 

Answer: HCDA admits that, on March 7, 2014, it responded to SDMB's purported 

motion to amend its Part 16 Complaint by noting that SDMB failed to "Show[] good 

cause through a motion and supporting documents" pursuant to § 16.23(j). CompI. Ex. 3 

at 37. HCDA therefore renewed its request that the FAA dismiss SDMB's Part 16 

Complaint without prejudice. Id. at 38. 

30. On March 18, 2014, FAA dismissed SDMBs [sic] Part 16 Complaint for incompleteness. 

See Exhibit 3, at 35. 

Answer: HCDA admits that the FAA dismissed SDMB's Part 16 Complaint on March 

18,2014. 

31. On March 20, 2014, HCDA issued a policy letter for tenant mail and parcel delivery for 

tenants at GSA and instituted Driver Training. See Exhibit 3, at 34. 

Answer: HCDA admits that it issued a letter on March 20, 2014 regarding "Policy on 

accepting mail for tenants I Airport Operations Area (AOA) Drivers Training" for CRE. 

CompI. Ex. 3 at 34. AOA classes were scheduled for March 22, March 25, and March 

27,2014. Id. 

32. On March 25,2014, and again on March 27,2014, SDMB staff attempted to attend the 

required driver training but no HCDA representative showed up. HCDA Manager Tim Jackson 

and Lineman Jack Teal personally came to Hangar 7 to apologize for the course failure. The 

driving course was rescheduled on March 28, 2014. See Exhibit 1, at 228. The class was again 

cancelled and has not been rescheduled to date. 

Answer: HCDA denies the allegations in this paragraph to the extent they imply that no 

AOA Drivers Training has been held at CRE since March 20,2014 CRE. The scheduled 

March 22, 2014 training was held, and attended by SDMB employee Larry A. Efird. 

HCDA-000186. Another AOA training was held on April 3, 2014, and was attended by 

SDMB employees Brett Miller, James Stremmer, Amber Richardson, and Joseph Jones. 

HCDA-000187. HCDA denies the remaining allegations in this paragraph. 

33. On April 3, 2014, HCDA dumped approximately six (6) yards of peat moss on the 

SDMB statIparking lot preventing access to three (3) staff parking spaces. See Exhibit 1, at 235. 

Answer: HCDA denies that any tenant at CRE, incluc1ing SDMB, has its own designated 

vehicle parking spaces. HCDA admits that it temporarily stored mulch on certain parking 

spaces near Hangar 7, but denies that this was in any way improper or in violation of 

SDMB's rights, contractual or otherwise. HCDA denies the remaining allegations in this 

paragraph. 

34. On April 7, 2014, through its attorneys, HCDA offered its version of "good faith" 

negotiations - reducing the monthly lease percentage of gross from 24% to 10%. HCDA also 

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4818-5357-1104.2 
indicated that eviction proceedings would be initiated if this was not accepted by SDMB. See 

Exhibit 3, at 23. 

Answer: HCDA admits that by letter dated April 7, 2014, it corrected the monthly gross 

sales percentage fee in the proffered Space Use Permit to 10% from 24%. Comp!. Ex. 3 

at 23. As HCDA noted in its letter, this fee was "consistent with the fees charged other 

commercial operators at CRE." Id. Moreover, HCDA stated "[tJhis form of Permit has 

been accepted by other commercial occupants of facilities at CRE." Id. The referenced 

commercial occupant is Executive Helicopters, whose Space Use Permit includes the 

10% gross sales percentage fee term. HCDA-000027. HCDA also admits that in its 

April 7, 2014 letter, it stated that "it is the County's policy that no one may occupy space 

at the HCDA's airports unless they have entered into a Space Use Permit or a lease 

agreement with HCDA," and, therefore, "if your client chooses not to execute HCDA's 

standard form of Space Use Permit by April 15, 2014, HCDA will be forced to take legal 

action to remove your client from the space." Comp!. Ex. 3 at 23. HCDA denies the 

remaining allegations in this paragraph. 

35. On April 12, 2014, a heated email exchange between CRE and SDMB ended with a 

threat to file another FAA complaint and a promise to forward all future CRE complaints to the 

FSDO and HCDA. See Exhibit 1, at 241. 

Answer: HCDA denies the allegations in this paragraph to the extent they imply that 

HCDA has any control over the privately-operated CRE Tower. HCDA admits that the 

referenced document reflects SDMB stating it was "held for banner tow," and threatening 

that the hold "will be in [sic] amended into the faa [sic] complaint." Comp!. Ex. 1 at 241. 

The CRE Tower stated in response, "I'm not familiar with the FAA complaint you are 

speaking of but I am familiar with that as a threat and your [sic] welcome to complain to 

whomever you like. We at CRE do our best for your company." Id. The CRE Tower 

also explained that the SDMB "aircraft (without jumpers in it) was held to fit into 

traffic." Id. SDMB responded with a one-line threat: "We will fix this in the complaint." 

Id. Thereafter, the CRE Tower stated it would "begin to forward my complaints to 

FSDO, and the airport." Id. at 242. 

36. On April 18,2014, SDMB again attempted to negotiate terms for leasing Hangar 7, and 

again requested a meeting to finalize the LOA for non-emergency parachute operations at GSA. 

See Exhibit 3, at 21-22. 

Answer: HCDA denies that "SDMB again attempted to negotiate terms for leasing 

Hangar 7." The referenced letter shows that SDMB outright rejected HCDA's April 7, 

2014 offer and instead offered only to extend the dates of its expired Space Use Permit. 

Comp!. Ex. 3 at 21. HCDA admits that SDMB requested a meeting to finalize the LOA. 

37. On April 28, 2014, HCDA issued a Notice of Termination unless the terms in its April 7, 

2014, correspondence were agreed to. See Exhibit 3, at 19. The letter further stated, "SDMB may 

not base its aircraft or its skydiving operations at CRE. However, as long as SDMB operates in 

accordance with all applicable laws, including the letter of agreement, the [FAA], the CRE tower 

and HCDA, SDMB may continue to use the aeronautical facilities at CRE, including the landing 

10 

4818-5357-1104.2 
zone as a transient operator. However, without a valid Space Use Permit, SDMB must vacate 

Hangar No.7 and may not base its aircraft at CRE." Id 

Answer: HCDA admits the allegations in this paragraph. Answering further, HCDA 

states that the Notice of Termination related to SDMB's Operating Permit. In the Notice 

of Termination, HCDA explained, "As SDMB has refused to execute a Space Use Permit 

in the County's standard form and thereby remains the only commercial enterprise 

operating at CRE without a valid agreement, SDMB has violated, and continues to 

violate, the terms of its Operating Permit." Compl. Ex. 3 at 19. HCDA also responded to 

SDMB's request to meet regarding the LOA with its understanding that the draft LOA, 

which included an expanded scope requested by SDMB, was being reviewed by the 

FAA. Id. at 19-20. HCDA closed the letter by stating "HCDA remains ready, willing 

and able to enter into its standard form of Spacer] Use Permit with your client and, 

following that, to negotiate in good faith with the goal of entering into a mutually 

acceptable lease of Hangar No.7 at Grand Strand Airport." Id. at 20. 

38. On May 10, 2014, CRE notified SDMB it was forwarding a complaint for a taxiway 

incursion. See Exhibit I, at 243. 

Answer: HCDA admits the allegations in this paragraph; the CRE Tower stated "You 

know I have to file paperwork on the guys crossing the taxiway without coordination." 

Compl. Ex. I at 243. This obligation derives from the LOA between the CRE Tower and 

HCDA, pursuant to which the CRE Tower must "Notify the Airport Operations or North 

Myrtle Beach Public Safety of observed Movement Area incursions committed by 

vehicle operators or pedestrians." HCDA-000123 SDMB was aware of this obligation 

on or before February 14,2014. See Compl. Ex. 1 at 191-92; see also Compl. Ex. 3 at 

69. 

39. On May 19, 2014, HCDA requested information relating to an FAA "Letter of 

Investigation triggered by skydivers operating on an active taxiway on May 10." See Exhibit 1, 

at 245-256. 

4818-5357-1104.2 

Answer: HCDA denies the allegations in this paragraph. Answering further, the 

referenced email shows that HCDA requested information relating to "the FAA's Letter 

of Investigation triggered by skydivers walking across the active taxiway on May 10." 

Compl. Ex. 1 at 245 (emphasis added). HCDA also stated: "Most important; I need your 

cooperation and recommendation(s) on your end to assist with assuring the FAA this will 

not happen again. I understand the jumpers are briefed but we're (the County) reaching 

the end of what we can do to curtail this issue (i.e. phone call to Robert in January 

(previous incident), Movement Area training etc.)." Id. In its response, SDMB stated 

"We will add this harrassment [sic] to our federal complaint, which is on going and to our 

lawsuit against the county." Id. Answering further, HCDA notes that, despite SDMB's 

claim in this email that "the Airport Authority and Tower has not discussed with us or 

given us the LOA in which the two of them operate," id., SDMB was aware of the LOA 

between HCDA and the CRE Tower on or before February 14, 2014. See Compl. Ex. 1 

at 191-92. SDMB also notes that it had received the LOA in its February 21, 2014 letter 

to HCDA. See Compl. Ex. 3 at 69. 

11 
40. On May 22, 2014, SDMB gave a counter offer to HCDAs [sic] Notice of Termination 

relating to Hangar No.7 and again requested a meeting to finalize the LOA. See Exhibit 3, at 16-

18. 

Answer: HCDA denies the allegations in this paragraph to the extent they 

mischaracterize the contents of SDMB's May 22, 2014 letter or describe the same in a 

misleading way. In its May 22, 2014 letter, SDMB demanded that HCDA allow it "to 

enter into a new long-term lease for Hangar 7 at CRE at the originally agreed rate of 

$1,200 per month with reasonable repairs to be made by HCDA." Compl. Ex. 3 at 17. 

SDMB did not request a meeting to finalize the LOA. Rather, it threatened, "Should 

HCDA again refuse to negotiate a new long-term lease and LOA in good faith in the next 

seven (7) days ... SDMB will refile its Part 16 Formal Complaint." ld. at 18. 

41. On May 24, 2014, CRE reported a skydiver crossing the runway. See Exhibit I, at 257. 

Answer: HCDA admits the allegations in this paragraph. Answering further, HCDA 

states that the CRE Tower specifically explained, "Hey guys again we have one crossing 

without coordination. The runway this time. I have to file a report on it, I have no 

choice." Compl. Ex. I at 257. 

42. On May 28, 2014, HCDA rejected SDMBs [sic] counter offer and demanded SDMB to 

vacate Hangar No.7 and remove its aircraft from CRE. See Exhibit 3, at 14-15. 

4818-5357-1104.2 

Answer: HCDA denies the allegations in this paragraph to the extent they 

mischaracterize the contents of HCDA's May 28, 2014 letter or describe the same in a 

misleading way. In its May 28, 2014 letter, HCDA's attorney stated: "You correctly 

assert that SDMB should be treated like any other commercial aeronautical operator at 

Grand Strand Airport ("CRE"), but your client is the only tenant at CRE operating 

without either a space use permit or a lease." Compl. Ex. 3 at 14. The attorney 

continued: 

HCDA offered your client the opportunity to execute a Space Use Permit in order 

to permit your client to continue to base its aircraft and commercial skydiving 

business at CRE while a lease between HCDA and SDMB could be negotiated 

and presented to the Horry County Council for the required approval process. As 

both HCDA and I have made clear, all parties operating at CRE, other than 

itinerants not based at the airport, must be a party to a valid agreement with 

HCDA. The purpose of a Space Use Permit is to give both HCDA and the tenant 

sufficient time to negotiate a lease, while providing both parties with the legal 

protections of an agreement. HCDA has offered your client the same terms as 

have been offered to, and accepted by, other commercial aeronautical service 

providers at CRE, and SDMB has chosen to reject HCDA's offer. Accordingly, 

SDMB has left HCDA no choice but to proceed to remove SDMB from the 

premises. 

ld. Finally, HCDA repeated its promise that "as long as SDMB operates in accordance 

with all applicable laws, including the existing letter of agreement among SDMB, FAA, 

12 
the CRE Tower and HCDA, or any successor to that agreement, SDMB may continue to 

use the aeronautical facilities at CRE as an itinerant operator." Id. at 15. Because SDMB 

had not executed a Space Use Permit within 30 days of the Notice of Termination, 

HCDA concluded, "SDMB's operating permit is hereby terminated." Id. 

43. On May 29, 2014, SDMB offered to mediate with HCDA in an attempt to resolve the 

issues. See Exhibit 3, at 19. 

Answer: HCDA admits the allegations in this paragraph, but notes that the document 

supporting these allegations can be found at Comp!. Ex. 3 at 12-13. 

44. On May 30, 2014, HCDA conditionally accepted SDMBs [sic] offer to mediate. See 

Exhibit 3, at 10. 

Answer: HCDA admits that it accepted SDMB's offer to mediate, on the following 

conditions: "1) the mediator selected will be from the list of Certified Circuit Court 

mediators for Horry County and the mediation will be conducted within Horry County, 

South Carolina; 2) the scope of the mediation will include all outstanding issues between 

the parties, i.e. all pending litigation, contemplated future claims/litigation, use of County 

facilities by SDMB; and 3) the mediation will be concluded within thirty (30) days." 

Comp!. Ex. 3 at 10. 

45. On June 2, 2014, SDMB countered HCDAs [sic] conditional offer to mediate in order to 

meet ethical requirements relating to South Carolina state law. See Exhibit 3, at 8-9. 

Answer: HCDA denies the allegations in this paragraph as stated. HCDA admits that on 

June 2, 2014, SDMB responded to HCDA accepting HCDA's conditions and providing 

some conditions of its own. See Comp!. Ex. 3, at 8-9. 

46. On June 5, 2014, HCDA conditionally accepted SDMBs [sic] offer to mediate with 

several modifications and filed an Applicationfor Eviction in Myrtle Beach Magistrate's Court. 

See Exhibit 3, at 5-6; Exhibit 2. 

Answer: HCDA admits that on June 5, 2014, it accepted SDMB's proposed conditions 

and proposed one minor modification, to shorten the time period for evaluating potential 

conflicts of the parties' mediator. Comp!. Ex. 3 at 6. HCDA also admits that it filed for 

eviction ofSDMB the same day. See Comp!. Ex. 4. 

47. On June 10,2014, MYR invited all interested parties to discuss the LOA. See Exhibit 1, 

at 272. Although the proposed LOA included penalty and reporting provisions that were 

objectionable to SDMB, a meeting was set for June 24, 2014. See Exhibit 1, at 273-298. 

4818-5357-1104.2 

Answer: HCDA admits the allegations in the first sentence of this paragraph. HCDA 

also admits that certain provisions in the proposed LOA were objectionable to SDMB, 

but denies that any provisions in the LOA were a "penalty." HCDA denies that a 

meeting was set for June 24, 2014. The meeting was set for and held on June 25, 2014. 

See Comp!. Ex. 1 at 295. 

13 
48. On June 18, 2014, SDMB offered to mediate but conditioned its acceptance on 

compliance with SCRPC Rule 4.2 necessitating the attendance or written consent of all 

represented parties in order to discuss matters relating to SC state law. See Exhibit 3, at 4. 

Answer: HCDA admits that SDMB sent a letter dated June 18,2014 agreeing to the 

shortened time period for evaluating potential conflicts of interest. See Compl. Ex. 3 at 4. 

SDMB also stated that it would be happy to discuss both federal and state matters if the 

attorneys representing HCDA in the state court actions, Mr. Battle and Mr. Arthur, also 

attended. Id. 

49. On June 24, 2014, HCDA, ZJX (via phone), MYR, CRE and SDMB met at MYR to 

discuss the LOA. The meeting did not finalize the LOA, and it was agreed that operations would 

continue under the terms of the existing LOA until matter could be finalized. HCDA could not 

provide a return date. Incident reporting was discussed, and for the first time HCDA revealed 

that CRE was reporting all skydiver taxiway crossings to HCDA at their direction. 

Answer: HCDA denies the allegations in this paragraph to the extent they are based on 

the inaccurate reference to the CRE Tower as CRE. HCDA admits the allegations in the 

first two sentences of this paragraph, but notes that the meeting actually occurred on June 

25, 2014. HCDA does not understand the third sentence of this allegation, and on that 

basis denies the same. HCDA admits that the reporting of safety incidents was discussed 

at the meeting, and HCDA explained its safety reporting system to SDMB. HCDA 

denies the remaining allegations in this paragraph. 

50. On June 27, 2014, SDMB requested regulatory authority requiring CRE to report 

skydivers on active areas to FAA and requested a discussion about Title 14, Part 105. SDMB 

was referred to FAA. See Exhibit 1, at 322. 

Answer: HCDA admits that in its June 27, 2014 email to the CRE Tower, SDMB stated, 

in reference to the June 25th meeting: "Good seeing you the other day. Do you have the 

regulation requiring [the CRE Tower] to report parachutists to FAA for crossing the 

taxiway other than 139.329 we talked about in February and you provided." Compl. Ex. 

I at 322. The CRE Tower responded, "I can't say that I enjoyed the meeting or the 

accusations. I think I will refer you to the FAA for that information." Id. 

51. On or about June 27, 2014, an unidentified photographer! was observed taking pictures of 

Hangar 7 from the Grand Strand Airport Parking lot. See Exhibit 2, at 15. 

Answer: HCDA is without information or knowledge sufficient to form a belief as to the 

truth of the allegations in this paragraph, and on that basis denies the same. 

1 The photographer has been identified by SDMB staff as HCDA Operations Supervisor Edward Dingley. On Friday when 

questioned by SDMB staff after being observed taking pictures from a concealed location in the parking lot, 1v1r. Dingley stated 

that he was taking pictures as was his hobby when onvacation or words to that effect. 

4818-5357-1104.2 

Answer: HCDA is without infonnation or knowledge sufficient to form a belief as to the truth of the allegations in the 

first sentence otthis paragraph, and on that basis denies the same. HCDA denies the remaining allegations in this 

paragraph. 

14 
52. On June 27, 2014, at 1546 on a Friday, counsel for HCDA rejected SDMBs [sic] offer to 

mediate by its failure to offer assurances that counsel for all parties would attend or provide 

written consent to discuss matters of state law. See Exhibit 2, at 14; Exhibit 3, at I. 

Answer: HCDA denies the allegations in this paragraph. Answering further, HCDA 

states that in its June 27,2014 letter, it accepted the last of SDMB's terms regarding 

mediation and, consequently, attached a list of mediators from which SDMB could select. 

See Compl. Ex. 3 at I. HCDA's letter copied both Mr. Arthur and Mr. Battle, the state 

court attorneys whose presence at mediation SDMB demanded. See id. SDMB's only 

response was to file the Part 16 Formal Complaint. 

53. On June 27, 2014, HCDA emailed SDMB relating its safety concerns from CRE and 

FAA with reports that were attached. See Exhibit 2, at II. The FAA reports were styled "Horry 

County Department of Airports Unusual Activity Report" and filed by CRE to HCDA 

employees Stan Cox and Edward Dingley. See Exhibit 2, at 10-13. 

Answer: HCDA admits that its Assistant Director emailed SDMB on June 27, 2014 "to 

see how we can work together to improve the safety at Grand Strand Airport." Compl. 

Ex. 2 at 10. HCDA's Assistant Director noted, "We have been notified by the CRE 

Tower of certain incidents involving skydivers that have missed the landing zone at CRE. 

These issues can pose a serious safety threat to the users of CRE and I would like to work 

with you to figure out a solution. The CRE tower is also concerned. Our goal is to 

provide a safe, operationally efficient airport that supports the growth of aeronautical 

activity and provides positive economic impact to the community. I hope we can partner 

together in pursuit of this goal." Id. The Assistant Director continued, "As a first step to 

improving safety and operational efficiency at CRE, I have implemented an incident 

reporting system for all events that create an unsafe operating condition at the airport." 

Id. The Assistant Director attached two of the most recent incident reports. Id. HCDA 

admits that these incident reports were titled "Horry County Department of Airports 

Unusual Incident Report," see id. at 12-13, and denies the remaining allegations in the 

second sentence of this paragraph. The witness of the first incident was a CRE Tower 

employee, and the HCDA employee who completed the report was Edward Dingley. Id. 

at 12. The witnesses of the second incident were a CRE Tower employee and an HCDA 

employee, and the HCDA employee who completed the report was Chad Cox. Id. at 13. 

54. On Sunday, June 29, 2014, HCDA employee Ed Dingley repeatedly drove to the LZ in a 

golf cart to observe each parachute drop conducted during the day. See Exhibit 2, at 17-18. 

4818·5357·1104.2 

Answer: HCDA denies the allegations in this paragraph. Answering further, HCDA 

states that on June 29, 2014, Mr. Dingley and SDMB's counsel, Mr. Eastman, were 

talking on the ramp. HCDA-000185. A skydiver appeared to miss the mark north of the 

fuel farm, and Mr. Eastman asked Mr. Dingley to ride with him to take a look. Id. They 

then returned to the ramp. Id. SDMB owner Aaron Holly then approached and began 

following Mr. Dingley, recording him with his iPhone. Id. 

15 
STATEMENT OF MATERIAL FACTS 

(from SDMB's September 8, 2014 filing) 

55. During its skydiving operations from April 2012-September 2013, SDMB received no 

complaints. In late August 2013, HCDA purchased Ramp 66's management interest and notified 

SDMB that a new lease would be necessary between it and HCDA to continue operations at 

GSA. In good faith, SDMB entered into a temporary Space Use Permit agreement with HCDA 

for no more than a six-month period (Initial Permit). See Exhibit 2. The Initial Permit required a 

monthly payment of $1,200.00 for Hangar 7. The Initial Permit was intended to be a "bridge 

term" that would permit the statutorily required Horry County Council2 readings and acceptance 

of the Initial Permit for a final long-term lease. No long-term lease has ever been presented to 

SDMB by HCDA. 

Answer: HCDA admits that effective August 1, 2013, it took over control of CRE 

operations from Ramp66 and purchased all of Ramp66's assets relating to management 

of CRE. HCDA also admits that it notified all tenants at CRE, including SDMB, that 

they would need to enter into new space use pennits until such time as long-term leases 

could be reviewed and approved by the Horry County Council. SDMB's Space Use 

Permit required monthly payments of $1,200.00. HCDA-000004. HCDA denies the 

remaining allegations in this paragraph, including without limitation the allegation that 

"SDMB received no complaints" before September 2013. For instance, SDMB was 

made aware ofa taxiway incursion by one of its skydivers on May 27,2013. See HCDA000137. 

56. Sometime in October 2013, HCDA notified the GSA tenant's [sic] and advised them that 

the north half of the Airport would undergo re-surfacing. HCDA notified SDMB that it would 

be necessary to relocate the landing zone (LZ) to the southern end of the airport in front of the 

A TC sometime in the future. 

Answer: HCDA admits that it notified all CRE tenants prior to Phase 1 of its federallyfunded ramp rehabilitation project that some of their operations would have to be 

relocated during that Phase. HCDA also admits the designated parachute landing zone at 

CRE was altered from approximately August 2013 to April 2014 to accommodate Phase 

1 of the proj ecL 

57. During the period between October 2013 and February 2014, HCDA began to initiate a 

series of quasi-legal complaints against SDMB that increased in severity and frequency to the 

current point of harassment. 

Answer: HCDA denies the allegations in this paragraph. 

2 At HCDA's Myrtle Beach Magistrate's Court hearing, Deputy County Attorney H. Randolph Haldi, testified that 

the Initial Permit had not been sent to the County Council by HCDA and it had "fallen through the cracks". A 

transcript ofthe hearing is not available at this time. 

4818-5357-1104.2 

Answer: HCDA admits that Mr. Haldi has testified in a hearing in South Carolina state court relating to 

the parties' state law claims, and denies the remaining allegations in this paragraph. 

16 
58. Although the ATC has [aJ gas operated grill in plain view at its tower, HCDA lodged a 

complaint against SDMB for grilling but permitted the ATC to use its gas grill. 

Answer: HCDA admits that in its February 19,2014 letter, it informed SDMB that, on 

February 9, 2014, "HCDA personnel witness[edJ operation of two large propane grills in 

hangar and the sale of food forpublic consumption." Compl. Ex. 3 at 55. Answering 

further, HCDA states that whether the CRE Tower has a grill outside its tower has no 

bearing on HCDA's decision not to allow grills inside leased premises at CRE. 

59. SDMB has requested airport rules to abide by and has also attempted to meet the growing 

demands of HCDA. Other than changing oral admonitions from multiple HCDA managers 

stationed at MYR, no written rules have ever been provided. 

Answer: HCDA admits that SDMB has made requests for additional information from 

HCDA regarding operations at CRE. HCDA denies the remaining allegations in this 

paragraph. 

60. In October 2013, HCDA initially objected to SDMB's planned event due to security, 

crowd control, permit requirements and other HCDA rule concerns. In response, SDMB 

presented a detailed Operations Order. Following several meetings and email, the event took 

place with no further objection from HCDA. 

Answer: HCDA admits that it presented SDMB with several concerns relating to its 

October 2013 event at CRE, including that SDMB had not met with the County nor 

obtained the required permits. See, e.g., Compl. Ex. I at 72-77,81,83. HCDA admits 

that the event took place, but denies the remaining allegations in this paragraph. 

61. However at the event, HCDA sent two uniformed county policemen to observe the entire 

event. During the event, the police ordered SDMB to remove a meal truck, prohibited customer 

parking in the GSA terminal parking lot, limited ingress/egress to the south gate adjacent to the 

FBA and next to Hangar 7, prohibited alcoholic beverages and smoking on airport property by 

SDMB customers, and ensured that doors were closed at 9:00 p.m. per the Operations Order. The 

police made no arrests. 

Answer: HCDA denies that it "sent" County policemen to observe SDMB's event. 

HCDA admits the remaining allegations in this paragraph. 

62. Following this event, HCDA airport manager, Tim Jackson, began to require GSA 

terminal employees to refuse mail and parcel delivery for any SDMB packages or mail requiring 

a signature. 

4818·5357·1104.2 

Answer: HCDA admits that its employees do not currently accept mail for CRE tenants, 

nor do they sign for any tenant deliveries. HCDA denies the allegations in this paragraph 

to the extent they imply that this practice was related to SDMB's October 2013 event. 

Answering further, HCDA states that SDMB had previously accused HCDA of 

misplacing a package, and it was later determined that one of SDMB's employees had 

picked up the package and misplaced it in SDMB's hangar. After this occurrence, 

HCDA decided not to sign for packages for any of its tenants, but to continue accepting 

17 
other mail at its customer service counter. As of March 20, 2014, HCDA informed all its 

tenants that it would no longer accept and hold mail for them. HCDA-00017S. 

63. During the month of January 2014, SDMB aircraft was placed on increasing holds during 

jump runs and on ramp access. Additionally, pedestrian and golf cart "incursion" complaints 

were being aUeged by HCDA with increasing frequency. SDMB stated it was in compliance with 

Part 105, industry standards, and associated FAA guidance, indicated its strict adherence to rules 

and regulations and demanded a meeting with HCDA and the ATC and requested the authority 

for the alleged violations. 

Answer: HCDA is without information and knowledge sufficient to form a belief as to 

the truth of the allegations in the first sentence of this paragraph, and on that basis denies 

the same. HCDA denies the allegations in this paragraph to the extent they imply that 

HCDA has any control over when and whether aircraft are held; these decisions are 

properly and independently made by the privately-operated CRE Tower. HCDA admits 

that the CRE Tower reports vehicle and pedestrian incursions to the FAA as required and 

that, beginning in April 2014, HCDA has created Incident Reports relating to these 

incursions as part of its efforts to track and mitigate safety hazards. HCDA also admits 

that SDMB has at all times claimed it was in compliance with all applicable laws and 

regulations, but does not agree that this claim is accurate. HCDA denies the remaining 

allegations in this paragraph. 

64. On February 5, 2014, a HCDA employee was observed trespassing [sic] SDMB's 

Hangar. The HCDA employee indicated he regularly went in the Hangar by removing the French 

links from the Hangar door and had authority to do so at any time for any reason. 

Answer: HCDA denies the allegations in this paragraph. Answering further, HCDA 

states that SDMB's Space Use Permit (which expired on January 31, 2014) provided that 

"County shall have the right to enter the Space at any time for any reasonable purpose." 

HCDA-000005. 

65. On February 7, 2014, a meeting between HCDA, ATC and SDMB took place at SDMBs 

[sic] request. During the meeting SDMB attempted to resolve issues relating to mail delivery, 

unauthorized hangar entry, alleged incursions, mail delivery interruptions, hangar maintenance 

and safety concerns, alleged rule violations, a new LOA and requested a status report on the 

long-term lease. With regard to the unauthorized entry, HCDA manager, Tim Jackson, refused to 

discuss the matter as it was "under investigation". Mr. Jackson also represented that he did 

instruct GSA employees to refuse parcels and mail for SDMB.3 SDMB indicated that it would be 

required to file a police report for the unauthorized entries for insurance purposes but it did not 

intend to press charges or pursue the matter, only that it wanted the unauthorized practice to 

cease. A police report was filed. See SDMB's Part 16 Complaint (P16), Ex. 2, at 25-46. 

3 Mr. Jackson requested correction to the prepared minutes in that only parcels and mail requiring signatures was to 

be rejected. See SDMB's Part 16 Complaint (P 16), Ex. 1, at 167. 

4818-5357·1104.2 

Answer: HCDA admits that, on February 8, 2014, Mr. Jackson requested this correction. See Compl. Ex. 

1, at 67. However, as of March 20, 2014, HCDA informed all its tenants that it would no longer accept or 

hold mail for them. HCDA-000178. 

IS 
Answer: HCDA admits that a meeting among HCDA, the CRE Tower, and SDMB took 

place on February 7, 2014, and that the issues listed above were discussed at that 

meeting, HCDA also admits that SDMB filed a police report HCDA denies the 

remaining allegations in this paragraph, 

66, On February 19,2014, HCDA, through its property manager and deputy county attorney, 

H. Randolph Haldi, notified SDMB that a long-term lease would not be forthcoming. See P16, 

Ex. 5, at 21-24. HCDA cited twelve rule violations and three ongoing violations in support of its 

denial but offered a new Space Use Permit with materially different terms, including, inter alia, 

the greater of $ 1,200.00 or 24% of gross revenue per month use fee, restriction of skydiving 

activity to GSA property, additional rules and a 24 hour termination clause for any violation of 

the terms.ld. The new Space Use Permit would also expire on July 31,2014, and was subject to 

a 72 hour take-it-or-vacate deadline. Id. 

Answer: HCDA admits that on February 19,2014 the Deputy County Attorney for Horry 

County sent SDMB a letter stating that SDMB's prior Space Use Permit had expired on 

January 31, 2014, and attaching a new Space Use Permit for SDMB's review and 

acceptance. Compl. Ex. 5 at 21-33. The letter included a list of multiple instances of 

unsafe jumping practices, as well as vehicle and pedestrian incursions onto runways and 

taxiways, some of which necessitated FAA reporting and investigation. These incidents 

constituted a violation of SDMB's existing (albeit expired) Space Use Permit and its 

Operating Permit See id. HCDA admits that the letter states: "In light of the foregoing, 

Horry County is unwilling to offer Skydive Myrtle Beach a leasehold interest in the CRE 

hangar facility at this time" and that the new Space Use Permit required "Fees for the use 

of the space will be $1,200.00/month or 24% of gross revenues, whichever is greater." 

HCDA also admits that the letter stated these terms were non-negotiable, and that SDMB 

had 72 hours to sign and return the Space Use Permit or vacate the hangar. [d. 

Answering further, HCDA states that the 24% term was included in the Space Use Permit 

in error, and was also offered, in error, to other tenants in their new Space Use Permits. 

HCDA denies the remaining allegations in this paragraph, including any allegations that 

mischaracterize the proposed Space Use Permit or describe it in a misleading way. 

67. On Saturday, February 22, 2014, the HCDA deadline, two uniformed police officers and 

multiple HCDA staff gathered in the GSA FBA [sic 1 observing SDMB operations. 

Answer: HCDA denies the allegations in this paragraph. 

68. On April 7, 2014, a letter from Foley and Lardner represented that the terms of a new 

Space Use Permit "were consistent with the fees charged other commercial operators at eRE." 

See P16, Ex. 3, at 23. (emphasis supplied). To avoid legal action, the new permit had to be 

accepted by April 15 2014 (eight days). [d. 

4818-5357-1104.2 

Answer: HCDA admits that the April 7, 2014 letter it sent through its counsel, Foley & 

Lardner LLP, made the above statements. Answering further, HCDA states that this 

letter also informed SDMB that "This form of Permit has been accepted by other 

commercial occupants of facilities at CRE." Compl. Ex. 3 at 23. 

19 
69. By letter dated April 28, 2014, HCDA, through its Boston attorneys, issued a Notice of 

Termination that included a thirty day deadline or May 27,2014, to accept the Space Use Permit 

and thus avoid litigation. See P 16, Ex3. at 19. 

Answer: HCDA admits that on April 28, 2014, through its counsel at Foley & Lardner 

LLP (located in Boston, Massachusetts), sent a Notice of Termination of SDMB's 

Operating Perinit. See Compl. Ex. 3 at 19-20. In the Notice of Termination, HCDA 

explained, "As SDMB has refused to execute a Space Use Permit in the County's 

standard form and thereby remains the only commercial enterprise operating at CRE 

without a valid agreement, SDMB has violated, and continues to violate, the terms of its 

Operating Permit." Id. at 19. HCDA indicated that even if SDMB was not a party to a 

valid Space Use Permit and Operating Permit, SDMB could "continue to use the 

aeronautical facilities at CRE, including the landing zone, as a transient operator." Id. 

HCDA closed the letter by stating "HCDA remains ready, willing and able to enter into 

its standard form of Spacer] Use Permit with your client and, following that, to negotiate 

in good faith with the goal of entering into a mutually acceptable lease of Hangar No.7 at 

Grand Strand Airport." Id. at 20. 

70. On May 24, 2014, HCDA responding to an ATC email from manager Glenn Ray, filed an 

"Unusual Incident Report" alleging a parachutist's unauthorized crossing of an active runway 

and taxiway. See P16 Ex. 2, at 124 Each of these reports were [sic] initiated by alleged ATC 

"Mandatory Occurrence Reportss". 

Answer: HCDA admits that the information in each of the referenced May 24, 2014 

incident reports came from "an e-mail report forwarded by CRE Tower Manager." 

4 Despite multiple requests, no other written allegations of violations from HCDA have been provided to 

SDMB. As such these "Mandatory Occurrence Reports" from the A TC or other "Unusual Incident Reports" 

by the county other than this have been provided to SDMB. 

Answer: HCDA admits that SDMB has requested the incident reports through discovery in its state 

court action, to which HCDA is in the process of responding. HCDA denies the remaining 

al1egations in this paragraph. 

5 During the June 25, 2014, LOA meeting, ATC manager Glenn Ray stated the multiple incident reports 

were requested by HCDA. HCDA stated that its reports were a result of ATC and FAA complaints and the 

source of its "safety concerns". Both HCDA and ATe are justifying the need for "safety violations" based 

on the request the other. This bootstrapping of subjective observations styled as safety violations and 

reporting appears to be a procedure for GSA only and no other commercial enterprise has been cited under 

this system. On July 8, 2014, SDMB requested this policy, al1 violations, and any reports generated by this 

system in its discovery request to HCDA. HCDA has not provided any documents to date. 

4818-5357-1104.2 

Answer: HCDA admits that it has implemented a reporting system to track safety hazards at CRE, 

in an effort to mitigate these hazards. HCDA also admits that many of its incident reports relate to 

SDMB due to the frequency with which SDMB has created safety concerns, including the 

significant number of skydivers landing outside the designated landing zone, and vehicle and 

pedestrian deviations committed by SDMB's personnel and skydivers. See generally HCDA000147-HCDA-000175, HCDA-OOOI77. HCDA admits that SDMB has requested copies of these 

incident reports in discovery in its state court action, to which HCDA is in the process of 

responding. HCDA denies the remaining al1egations in this paragraph, including without limitation 

the al1egation that SDMB is the only commercial enterprise about whom an incident report has been 

created. See HCDA-000166 (incident report relating to banner tow incident). 

20 
Comp!. Ex. 2 at 12, 13. Only one of the reports states that the "CRE Tower staff will 

forward [a] 'Mandatory Occurrence Report.'" Id. at 12. HCDA denies the remaining 

allegations in this paragraph. 

71. On May 28, 2014, HCDA objected to the twenty-two delay [sic], renewed its offer but 

indicated that rejection would require SDMB to "immediately vacate all premises it occupies at 

CRE and remove its aircraft from the airport." See P 16 Ex. 3 at 14-15, (emphasis supplied). 

Answer: HCDA denies the allegations in this paragraph to the extent they 

mischaracterize the contents of HCDA's May 28, 2014 letter or describe the same in a 

misleading way. In its May 28, 2014 letter, HCDA's attorney stated: "You correctly 

assert that SDMB should be treated like any other commercial aeronautical operator at 

Grand Strand Airport ("CRE"), but your client is the only tenant at CRE operating 

without either a space use permit or a lease." Comp!. Ex. 3 at 14. The attorney 

continued: 

HCDA offered your client the opportunity to execute a Space Use Permit in order 

to permit your client to continue to base its aircraft and commercial skydiving 

business at CRE while a lease between HCDA and SDMB could be negotiated 

and presented to the Horry County Council for the required approval process. As 

both HCDA and I have made clear, all parties operating at CRE, other than 

itinerants not based at the airport, must be a party to a valid agreement with 

HCDA. The purpose of a Space Use Permit is to give both HCDA and the tenant 

sufficient time to negotiate a lease, while providing both parties with the legal 

protections of an agreement. HCDA has offered your client the same terms as 

have been offered to, and accepted by, other commercial aeronautical service 

providers at CRE, and SDMB has chosen to reject HCDA's offer. Accordingly, 

SDMB has left HCDA no choice but to proceed to remove SDMB from the 

premIses. 

Id. Finally, HCDA repeated its promise that "as long as SDMB operates in accordance 

with all applicable laws, including the existing letter of agreement among SDMB, FAA, 

the CRE Tower and HCDA, or any successor to that agreement, SDMB may continue to 

use the aeronautical facilities at CRE as an itinerant operator." Id. at 15. Because SDMB 

had not executed a Space Use Permit within 30 days of the Notice of Termination, 

HCDA concluded, "SDMB's operating permit is hereby terminated." Id. 

72. On June 2, 2014, SDMB conditionally accepted HCDAs [sic] counter offer provided 

counsel for SDMB's ethical obligations to have consent of the two other law firms handling the 

state litigation were present or consented to the increased scope of representation by the Boston 

law firm to include state law matters. See P16, Ex. 3, at 8-9. Counsel for HCDA was also advised 

that he was potentially exposing himself to criminal and civil liability in the event he expanded 

his scope of representation. Id. 

4818-5357-1104.2 

Answer: HCDA denies the allegations in this paragraph as stated. HCDA admits that on 

June 2, 2014, SDMB responded to HCDA's earlier letter regarding SDMB's proposed 

mediation, accepting HCDA's proposed conditions and providing some conditions of its 

21 
own. See Compl. Ex. 3, at 8-9. HCDA admits that in its letter, SDMB claimed that 

HCDA's counsel in this FAA action would be violating South Carolina state law by 

attending the mediation, if the South Carolina attorneys representing HCDA in the 

pending state court actions were not also present. See id. HCDA denies that there is any 

merit, legal or otherwise, to this claim, and states that it subsequently informed SDMB 

that its understanding of the law on this matter was incorrect. See Compl. Ex. 3 at 6. 

73. On June 13, 2014, SDMB filed a Motion to Remove the Ejectment proceeding to 

consolidate HCDA's ejectment proceeding as part of an answer to SDMBs [sic] claim or 

retaliatory eviction. See Exhibit A at 35. 

Answer: HCDA admits that on June 13,2014, SDMB filed a "Motion to Remove" in the 

ejectment action pending in South Carolina state court. SMF Ex. A at 35. In its Motion 

to Remove, SDMB requested "an order dismissing the Plaintiffs Application for 

Ejectment against Defendant Skydive Myrtle Beach, Inc.," and further requested that the 

ejectment action "be removed to Horry County Court of Common Pleas," where SDMB 

had previously filed a state court action against HCDA "alleging inter alia, breach of 

contract with an existing lease." Id. 

74. On June 19,2014, a Motion for Consolidation, injunctive relief and emergency hearing 

was filed by SDMB to remove HCDA's ejectment proceeding in magistrate's court. See Exhibit 

Aat 40. 

Answer: HCDA admits that on June 19,2014, SDMB filed a "Motion for Consolidation 

Request for Injunctive Relief, and Emergency Hearing" in the South Carolina Court of 

Common Pleas. SMF Ex. Aat 40-42. Aside from its title, this motion does not appear 

on its face to request any particular relief. 

75. On July 1,2014, SDMB refiled its Part 16 Complaint with FAA. 

Answer: HCDA admits that SDMB filed a new Part 16 Formal Complaint with the FAA 

on July 1,2014. 

76. On July 2,2014, Myrtle Beach Magistrate's Court denied SDMBs [sic] request to remove 

the ej ectment complaint. 

Answer: HCDA admits the allegations in this paragraph. 

77. On July 10, 2014, HCDA, through its director, Pat Apone, admitted to a new reporting 

policy. She stated: 

4818-5357-1104.2 

As one measure to improve safety, as we discussed, within the past few months, 

HCDA has adopted a policy of documenting incidents and accidents with respect 

to operations at CRE. In just three months, CRE Tower, private operators at 

CRE and HCDA staff have documented 10 such incidents and accidents 

involving SDMB, including five pedestrian or vehicular incursions into the 

runway or operating taxiways at CRE after landing well outside of the designated 

landing zone, and several other serious incidents, including a SDMB parachutist 

22 
landing on top of a fuel tank, and another landing in front of a moving fuel truck. 

This regular failure of 5MB parachutists to land within the designated landing 

zone at CRE as well as to observe the bar on crossing active taxiways and 

runways without permission from CRE ATC could lead to serious injuries, 

property damage or the death of skydivers or other persons at CRE. These 

conditions are simply not acceptable to HCDA. 

* * * 

As a result of our recent meeting and SDMB's history of repeated excursions 

from the designated landing zone, HCDA is instituting the following changes and 

conditions with respect to SDMB's operations at CRE: 

1. SDMB must maintain a log of all jumpers and their U.S.P.A. licensure 

status, or indicate that they were a tandem jumper, and make that log available to 

HCDA stafffor inspection and copying upon request; 

2. All SDMB staff and skydivers must be instructed that, if they land outside 

the landing zone, no one may cross the taxiway or runway without permission 

from CRE ATC. If a landing on a taxiway or runway cannot be avoided, the 

skydiver must exit the taxiway or runway as quickly as possible, and any such 

landing must be reported to CRE ATC and HCDA innnediately by SDMB. 

3. SDMB and its employees, agents, customers and guests must cooperate 

fully with any investigation by HCDA, FAA, or other governmental entity with 

jurisdiction into any past or future incidents or accidents related to SDMB's 

operations at CRE. 

* * * 

HCDA has the obligation to monitor all operations at CRE, including those of 

SDMB. If we find that SDMB's skydivers cannot consistently land within the 

landing zone at CRE and operate in a safe manner, HCDA reserves the right to 

impose additional conditions on SDMB's operations at CRE, up to and 

including barring SDMB and its customers .and guests from landing at CRE. 

We recognize that skydiving is an aeronautical activity and we are making every 

reasonable effort to accommodate SDMB's operations at CRE. However, 

HCDA's overarching obligation is to operate CRE safely for all aeronautical users 

of the airport. If SDMB's operations conflict with that obligations, then HCDA 

will take whatever steps are necessary to ensure that safety is maintained at CRE. 

See Exhibit A at 23-5, (emphasis supplied). 

4818-5357-1104.2 

Answer: HCDA admits that Ms. Apone made these statements in her July 10, 2014 

letter to SDMB regarding "Safety of SDMB's Operations," and denies the remaining 

allegations in this paragraph. HCDA notes that this letter is actually located at Exhibit B 

to SDMB's Statement of Material Facts, at pages 3-5. 

23 
78. On July 11, 2014, in response to a report by SDMB about the dangerous condition of 

Hangar 7 doors/ HCDA stated: 

To be clear, Skydive's continued occupancy of Hangar 7 is at its own risk and 

without HCDA's authorization or permission. Should Skydive notice future 

operational difficulties with the door to Hangar 7 before the ejectment proceeding 

is concluded, including its mechanism, Skydive should immediately cease any 

attempts to move the door in the interest of safety. HCDA reserves the right to 

recover from Skydive any costs associated with repairing any damage to Hangar 

7, including the door, caused by Skydive or its employees, agents or invitees. If 

before the ejectment action is concluded Hangar 7 becomes unsafe to use for 

any reason, as the owner of Hangar 7, HCDA reserves the right to restrict any 

or all use of the Hangar by any party, including Skydive. If Hangar 7 must be 

closed, Skydive would be required to immediately vacate Hangar 7, remove its 

personal property from the hangar, and make arrangements to undertake its 

non-aeronautical operations, such as classroom instruction, customer check-in, 

and parachute packing, from another location, remote from CRE. In such an 

event, HCDA would work with Skydive to develop a plan that would permit 

Skydive to continue its aeronautical operations at CRE, consistent with law and 

HCDA policies. 

See Exhibit B at 1-2, (emphasis supplied). 

Answer: HCDA admits that, "[i]n light of the report of difficulties with the door to 

Hangar 7," it made these statements in its July 11, 2014 letter to SDMB regarding 

"Unauthorized occupancy of Hanger [sic] 7 at CRE." SMF Ex. B at 1. HCDA denies 

the remaining allegations in this paragraph. 

79. On July 18,2014, SDMB requested reconsideration by the magistrate's court. See Exhibit 

A at 72-74. 

Answer: HCDA admits the allegations in this paragraph, but notes that the document 

supporting these allegations can be found at SMF Ex. A, at 71-73. 

80. On July 21, 2014, through its Conway, South Carolina lawyers, HCDA objected to 

SDMBs [sic] reconsideration request concluding: 

Horry County respectfully requests that the ejectment hearing proceed as 

scheduled. Horry County has planned a construction project for approximately 

Three Million Dollars for Ramp Rehabilitation which Horry County scheduled to 

begin on September 2, 2014. The rehabilitation project is expected to require 

6 SDMB has reported this defective and dangerous condition to the county on multiple occasions. This is the same 

door that HCDA pried open to access and remove the French links to gain unauthorized entry on multiple occasions 

and has degraded significantly since HCDA resumed control of GSA. 

4818-5357-1104.2 

Answer: HCDA admits that SDMB has informed HCDA of problems with the door on Hangar 7, but 

denies the remaining allegations in this paragraph. 

24 
anyone occupying Hangar 7 to vacate the premises while the rehabilitation of 

the ramp is being completed. Bids have been received and Horry County is 

prepared to award the bid as soon as it receives grant approval for the project 

from the Federal Aviation Administration. Approval is expected in the very near 

future. Horry County contends that SDMB's occupation of Hangar 7 and delaying 

tactics, if successful, will frustrate Horry County's Ramp Rehabilitation project 

and cause significant financial damage to Horry County. If SDMB has a valid 

defense, they should present it at the hearing scheduled for July 23,2014. 

See Exhibit A at 77 (emphasis supplied). 

Answer: HCDA admits the allegations in this paragraph. 

81. On July 23, 2014, SDMB's Motion to Remove was denied and a bench trial was 

conducted relating to the HCDA ejectment proceeding. At the bench trial, Aaron Holly testified 

for SDMB and H. Randolph Haldi testified for HCDA.7 Mr. Holly testified that he had made 

arrangements to move into an alternate and suitable hangar at the north end of GSA from 

Malcom Odom but it required HCDA authorization. Mr. Haldi testified that the original Space 

Use Permit had somehow slipped through the cracks and not been presented to the County 

Council by HCDA. In response to an inquiry by the judge, Council [sic 1 for HCDA represented 

to the Court that Hangar 1 was not appropriate for SDMB as it would require three parking tie 

downs to be removed causing unnecessary harm to HCDA. Following testimony, the 

magistrate's court found in favor of HCDA and issued a Writ of Ejectment no later than 

Monday, July 28, 2014. See Exhibit A at 75. 

Answer: HCDA admits that a hearing was held on July 23,2014 in the ejectment action 

in Myrtle Beach Magistrate's Court. HCDA also admits that Mr. Holly testified at the 

hearing, with testimony similar to what is described in this paragraph. HCDA admits that 

Mr. Haldi testified at this hearing, but denies the allegations in this paragraph to the 

extent they mischaracterize Mr. Haldi's testimony or describe the same in a misleading 

way. HCDA also admits that it stated at the hearing that Hangar 1 at CRE was not 

available for SDMB's use. HCDA also admits that the court issued a Writ of Ejectrnent 

on July 23, 2014, instructing the sheriff to inform SDMB that it had until July 28,2014 to 

voluntarily vacate the premises. SMF Ex. A at 75. After that date, if SDMB had not 

voluntarily vacated the premises, the Writ provided that a deputy sheriff could enter the 

premises to effectuate the ejectment and that, upon gaining access, the sheriff should 

"remove from the premises any occupants and all items of personal property found on the 

premises." ld. HCDA denies the remaining allegations in this paragraph. 

Answering further, HCDA states that it has never received a formal request to sublease 

Hangar 1. Declaration of Hugh Jason Terreri, HCDA-000130 at ~ 8. HCDA also states 

that Hangar 1 is not an available alternative to Hangar 7, for the following reasons. First, 

due to the manufacturer's specification for SDMB's aircraft and the configuration of the 

7 A transcript of this trial is not yet available. 

4818-5357-1104.2 

Answer: This statement has nothing to do with the subject matter of this action, and on that basis HCDA 

denies said statement. 

25 
airport in the vicinity of Hangar 1, SDMB's current aircraft could not maneuver into 

Hangar 1 from the apron. Id. at ~ 5. Even if SDMB's aircraft was able to enter into 

Hangar 1, HCDA would lose at least 10 revenue-producing parking spaces on the CRE 

ramp in order to ensure that SDMB's aircraft could safely turn around and access the 

hangar. Id. at ~ 6. This is due to the turning radius required for SDMB's aircraft to 

access Hangar 1, and the required IS-foot taxilane wingtip clearance from fixed or 

moveable objects. Id. In addition, there is no direct access from the landside to 

Hangar 1. All of SDMB's customers would therefore be required to traverse the active 

apron to access Hangar 1, adding a significant amount of vehicular and pedestrian traffic 

to the ramp. Id. at ~ 7. 

82. On July 25,2014, SDMB appealed. See Exhibit 21. On August 1,2014, a Bond to Stay 

Execution Pending Appeal was granted by the Myrtle Beach Magistrate's Court. See Exhibit A 

at 2-109. 

Answer: HCDA admits that on July 25, 2014, SDMB appealed the Magistrate Court's 

July 23,2014 decision, and that SDMB has submitted a bond pending appeal. See SMF 

Ex. A at 1-4. 

83. On August 28, 2014, HCDA posted no parking signs in the parking spaces across from 

Hangar 7 at the site of the peat moss pile identified in the Part 16 Complaint and has renewed its 

parking complaints during operating hours with SDMB. 

4818-5357-1104.2 

Answer: HCDA denies that any tenant at CRE, including SDMB, has its own 

designated vehicle parking spaces. HCDA admits that it posted no parking signs in this 

area because SDMB staff had parked in a location that blocked a dumpster. The signs 

are intended to provide enough space for the truck to pick up the dumpster. HCDA 

discussed this with the SDMB staff onsite at the time. HCDA denies the remaining 

allegations in this paragraph. 

26 
SkyOive Myrtle Beach, LLC 

P.O. Box 2478 

Wilmington, HC 28402 

May 10, 2012 

This letter constitutes the complete agreement between SkyDive Myrtle Beach, LLC 

(SkyOive MB) and Grand Strand Aviation, Inc. dba Ramp 66. The agreement is for 

SkyOive Myrtle Beach, LLC to provide tandem parachute jumps from the Grand 

Strand Airport. 

All jumpers will check in and pay at the Ramp 66 front desk, except those jumpers .. 

who have registered and previously paid SkyDive Myrtle Beach, LLC directly online. i 

Personal checks will not be accepted. The paid invoice will constitute the ticket for 

the jumpers. The invoice number will provide priority of who is next in line for the 

jump. Schedules will be monitored and maintained by SkyOive MB. Jumpers will pay 

for their jump prior to the jump. SkyOive MB will establish and publish rates for all 

jumps. 

1. -/ It is agreed that Ramp 66 will sell fuel to SkyDive MB at $.25 cents below the price posted for 

JetA fuel. 

2. Any aircraft maintenance labor requested by SkyDive MB will be charged at the rate of $5.00 

below the posted labor rate. 

3. Any aircraft parts purchased through Ramp 66 will be charged at the rate of cost plus 20% + 

freight. 

4. There will be no Tie Down fees. or other fees, charged to SkyDive MB. 

5. There will be no packing fees or any other fees charged to SkyDive MB. SkyDive MB shall be 

provided with a minimum of 2,500 square feet in the "bird hanger" for use during daylight 

hours without fee seven days a week, including holidays, 365 days a year. 

6. Ramp 66 shall pay SkyOive MB 86% of the income shown on the invoice (internet sales and 

merchandise sales are excluded as they shall be paid directly to SkyDive MBl, less the 

Airport fee, for all jumps. Payment shall be remitted to SkyDive MB on a daily basis. 

7. Ramp 66 will pay Horry County Department of Airports 5% of the gross income it receives 

directly from jumpers on all jumps. 

8. Ramp 66 will assume all credit card charges without fee to SkyDive MB 

9. Ramp 66 will assume business license costs unless the city of North Myrtle Beach changes 

their current position that parachute operations falls under the business license of Ramp 66. 

10. SkyDive MB will maintain a minimum of $1,000,000 Airport Liability Insurance in effect and 

name Grand Stran Aviation, Inc. and Horry County Department of Aviation as additional 

insured. A copy of the Certificate of Insurance will be provided to Ramp 66. 

11. Ramp 66 agrees to charge fuel and other services to SkyDive MB LLC. This bill will be paid 

weekly. 

12. SkyDive MB agrees to comply with all applicable federal statutes and all regulations and all 

regulations including, but not limited to, those promulgated by the Federal Aviation 

Administration while conducting all parachute jumps. 

13. SkyDive MB agrees to comply with all applicable local, state and local statutes, rules and 

regulations including, but not limned to, those relating to tax, fire, building and safety matters. 

HCDA·000001 
111. SkyDive MB agrees to oomply with all applicable local, state and federal environme",ell 

statutes and regulations, including but not limited to, requirements for the disposal of waste 

all and other potentially hazardous substances. 

15. At the end of each year Ramp 66 will provide SkyDive MB a Form 1099 showing the gross 

income directly paid to Ramp 66, excluded internet sales and merchandise sales paid directly 

to SkyDive MB are its separate responsibility to report to Internal Revenue Service. 

16. Grand Strand Aviation and Harry County hereby expressly disclaim any and al1liability for the 

parachute operation. SkyDive MB hereby waives any and,all claims It may have against 

Grand Strand Aviation and Harry County, its shareholders, officers, directors or other agents 

for any and all personal injury, property damage or other damages it may incur by virtue of 

utilizing Grand Strand Aviation's leased property or the Grand Strand Airport. 

17. SkyDive MB hereby agrees to indemnify and hold harmless from and against all claims, 

actions, causes of action, damages, costs, and othsr requests for compensation, arising out 

of, or caused by, SkyDive MB actions. This indemnity specifically includes, but is not limited 

to, damages to Grand Strand Aviation's leased property. 

18. This agreement remains in effect through Grand Strand Aviation's lease with Harry County 

Department of Airports through Juty 2020 unless both parties agree to any changes in writing. 

Sho~ld the Gr<l.nd Strand Aviation lease be extended, renewed, or otherwise modified beyond 

July 202Q, SkyDive MB has the right to extend this agreement on these terms to that lease at 

SkyDive MB's oplion. 

19. Grand Strand Aviation reserves the right to cancel this agreement if SkyDive MB does not 

materially comply with the terms of this agreement. Likewise,· SkyDive MB reserves the right 

to cancel this agreement should Grand Strand Aviation does not materially comply with the 

terms of this agreement. 

20. Grand Strand AViation, Inc., its officers, directors, employees and shareholders agree not to 

directly nor indirectly compete with SkyDive MB, and shall not operate any competing 

parachute jumping or Similar operation anywh"re within the counly .in which Myrtle Beach and 

N01'lh Myrtle Beach are located for a period of eight years after this agreement expires, is not 

extended, or is cancelled by either party. In the event this noncompete clause and agreement 

are litigated, the prevailing party shall recover its attorney lees. 

Agreed May ~, 2012, by Grand Strand Aviation, Inc. dba Ramp 66 and SkyDive My1'lle Beach, 

LLC by the parties belDw who are authorized to enter into this agreement. 

Andrew E. R. Lee, Officer 

SkyDive Myrtle Beach, LLC 

gi;) rt P. McGroarty: Secretaryrrreas rer 

Grand Strand Aviation, Inc. 

HCDA-DDDDD2 
eRE 

Sot18 

GRAND STRAND AIRPORT 

SPACE USE PERMIT LD(1 

4 

TIDS SPACE USE PERMIT ("Permit") is made and en~red into as of the Ii' day of 

s"Prbwl6orL. 2013, by and between HORRY COUNTY, SOUTH CAROLINA, ACTING BY 

AND THROUGH ITS DEPARTMENT OF AIRPORTS ("County") and SKYDIVE MYRTLE 

BEACH, LLC ("Company"), a business entity formed and existing under the laws of the State of 

North Carolina, and authorized to do business in Horry County, South Carolina. 

WITNESSEm 

WHEREAS, County is the operator of the Grand Strand Airport ("Airport"); and 

WHEREAS, Company desires to occupy and use space in Hangar #7 located on Grand Strand 

Airport property, to conduct its "Skydiving and Non-Emergency Parachute Operation" business; and 

WHEREAS, County is willing to permit Company to occupy and use space in Hangar #7 at Grand 

Strand Airport subject to the restrictions and terms provided herein: 

NOW, TIIEREFORE, County and Company agree as follows: 

1. Space Use. County hereby permits Company to occupy and use space in Hangar #7 consisting 

of approximately 6,800 square feet of space, together with any surrounding curtilage and 

parking ("Space") to be utilized for Company's" Skydiving and Non-Emergency Parachute 

Operation" business. 

2. Term. The term of this Permit shall commence on August 1, 2013, and it shall continue in 

force and effect until January 31, 2014, but no longer than, six (6) months from the date of 

commencement unless otherwise earlier terminated. Prior to actual physical occupancy of 

Space by Company, either party may terminate this Permit fur any reason upon the giving at 

least five (5) days written notice to the other party. After actual physical occupancy of the 

Space by Company, either party may terminate this Permit fur any reason by giving at least 

thirty (30) days written notice to the other party. Any act of default hereunder, including 

without limitation failure to pay fees when due, shall terminate any right, license or permission 

fur use of Space inunediately upon event of default. lbis Permit shall not be renewed or 

extended, nor shall another such Permit be entered into between the same parties within 

twelve (12) months from the date of expiration of this Permit, without prior approval ofHorry 

County Council. 

3. Use. During the term hereof, Company shall occupy and use Space permitted by County solely 

in connection with its" Skydiving and Non-Emergency Parachute Operation" business at the 

Grand Strand Airport to the extent permitted by and fully in compliance with all applicable 

rules, regulations, and requirements of any Federal, State; City or County regulatory agency 

having jurisdiction over the Company's operations, subject to all terms and conditions of this 

agreement. Company's employees and customers will have reasonable access to and from and 

1 

HCDA-000003 
, 

, 

the right to use and occupy Space for the sole purpose of engaging in or furthering Company's 

business. Company's employees must be well groomed and neat in appearance at all times. 

The Director of Airports must approve all signs and displays to be erected on the Space. 

Company shall fully comply with all safety and security policies/directives as established by 

the Airport. 

4. Fee; Default Interest; Late Paymeut; Security Deposit. 

A. Fee. As the Fee for occupancy and use of the Space, Company shall pay County / 

monthly payments of One Thousand Two Hundred & 00/100 ($1,200.00) dollars per 

month. Company shall pay said amounts without set-off or deduction, in advance and 

without demand on or before the first day of each month during the term hereof. In the 

event this Permit commences or terminates on other than the last day of any particular 

month, the Fee shall be prorated. County reserves the right to adjust such rate from 

time to time upon thirty (30) days written notice to the Company. 

B. Default Interest. If Company shall default in its payment of Fees or other charges 

required to be paid pursuant to this Permit, such unpaid amounts shall bear interest 

from the date of default at the rate of I Y, % per month. 

C. Late Payment. Company acknowledges that the late payment by Company of any 

monthly installment of fees or other charges will cause County to incur certain costs 

and expenses not contemplated under this Permit, the exact amount of which are 

difficult or impracticable to determine. Therefore, if any such amount owing is not 

received by county within ten (10) days following the due date thereof; Company shall 

immediately pay to County a late charge equal to I Y, % per month of such amount 

owing, in addition to any default interest which may be due as provided above. To the 

extent that any late charge provided for hereunder is determined to constitute interest, 

in no event shall such late charges, plus any other interest due on sums owed tu County 

hereunder, ever exceed the maximum interest rate permitted by law. 

D. Security Deposit. To assure the faithful performance of Company's obligations 

hereunder, Company shall remit a deposit in the fonn of cash, a letter of credit, or a 

payment bond issued by a reputable company licensed to issue such bonds in the State 

of South Carolina, in an amount equal to two (2) months of all applicable Fees to the 

County, which shall be remitted to the County prior to the Company's occupancy of the 

Space. In no event shall this security deposit be used as payment for any fee set forth in 

A, above, without the express written authorization ofthe Director of the Horry County 

Department of Airports. 

5. Utilities and Services. County shall supply access to water, natural gas and electricity to the 

extent and capacity of the currently existing mains, lines, transformers, and panels. Company 

shall be solely responsible for the payment of all utility charges, telephone, trash removal, 

hazardous waste removal and other services used by Company in or on the Space, to include 

hook-up fees, advanced deposits or other such costs, regardless of whether the utility charge is 

2 

HCDA·000004 
incurred in the name of Company or County. Company shall accept transfer of all applicable 

utility meters to Company's name when so tendered by County. In the event Company incurs 

any utility charge in the name of County, Company shall reimburse County for the full amount 

of the charge within five (5) calendar days of the date of written notice to Company of the 

amount of the charge. County assumes no'responsibility for interruption of such services for 

any reason whatsoever. Company agrees to pay County One Hundred & 00/100 Dollars 

($100.00) per month as an additional fee, which may be adjusted periodically by the County 

for utilities. The utility ree is included in the monthly fee specified in paragraph 4A. 

4. Cleaning and Maintenance. Company, at its sole cost and expense, shall keep the Space in a 

clean, neat and orderly condition at all times, and shall be responsible for maintaining all 

non-structural elements, including without limitation plumbing and IN AC. Company 

understands that it is responsible for the conduct of its guests, permittees, invitees, and 

licensees on the premises. Company shall not store any personal property exterior to the 

building on the unimproved premises associated with the building. Company is prohibited 

from taking any action which would negate or void the warranty on the roofs of any building 

within its Space. 

5. Alterations. Company may not make any alteration, addition, or improvement to the Space 

without the prior written approval ofthe Director of Airports. Company shall submit a written 

request for permission to perform such alterations, which shall include a description of the 

improvements, a site plan, and any other documentation requested by the Director of Airports 

to demonstrate the suitability of the improvements or alterations. Unless County elects 

otherwise, all permanent alterations, additions, or improvements to the Space shall become 

the property of County upon termination. In the event County so elects, such permanent 

alterations shall be removed by Company at its own cost and expense prior to date of 

termination. Company shall repair any damage to Space caused by such removal at its own 

cost. All agreed upon improvements must be made in a workmanlike manner, in accordance 

with all applicable statutes, ordinances, rules and regulations, including without limitation 

applicable building codes, and may be made only upon written approval of County's 

department of Airports after review of complete plans for such improvements. 

6. Right of Entrv. County shall have the right to enter the Space at any time for any reasonable 

purpose. 

9. Compliance with Law. 

A. General Compliance. Company will comply with all applicable statutes, ordinances. 

rules. regulations. orders and directives of any governmental authority, including County, in 

its occupancy and use of the Space. 

B. Acceptance of Premises. Company accepts the Space in its "as-is" condition and County 

has no obligation to improve, repair, restore, or alter any portion of the Space. Company 

acknowledges that neither County nor any agent, employee, director or official of County has 

made any representation or warranty, except as otherwise expressly provided in this Permit, 

with respect to the Space including, without limitation, any representation or warranty with 

3 

HCDA-000005 
respect to the suitability or fitness of the building or any portion thereof for the conduct of 

Company's business. 

C. Jurisdiction of Other Agencies. If Company's activities and operations shall in any way fall 

within the jurisdiction or regnlatory authority of other governmental agencies, including 

without limitation the South Carolina Department of Health and Environmental Control 

("DHEC"), Company must secure and produce evidence of such agency's fmalapproval of 

such operations or occupancy of Space. If such activities and operations fall outside DHEC's 

jurisdiction, Company shall procure and submit to County the statement of an appropriately 

authorized DHEC representative to that effect. Company acknowledges that its 

representations and warranties pursuant to this subsection are material to the County's 

agreement to permit the Company's use of the Space. 

10. Release and Indemnity. 

A. Release. Company hereby releases County from any liability to Company for any loss or 

damage to any property of Company, its officers, directors, employees, agents, 

customers, concessionaires, vendors, contractors or invitees, and for the death or injury of 

any officers, directors, employees, agents, customers, concessionaires, vendors, 

contractors or invitees of Company, occasioned by theft, fire, acts of God, public enemy, 

injunction, riot, strike, insurrection, war, governmental body or authority including 

County, or any other matter beyond the control of County, or for any injury or damage or 

inconvenience which may arise through repair or alteration of any part of the Space, or 

failure to make repairs, or for any cause whatsoever, except the sole negligence or willful 

misconduct of County. 

B. Indemnity. Company hereby releases and will defend, indemniJY and hold harmless 

County, its departments, agencies, boards, commissions, committees, officers, directors, 

employees, and agents and assigns of any of them ("Indemnified Parties") from and 

against any and all liability, claims, penalties, fmes, causes of action, suits, liens, losses, 

loss of use, damages, costs and expenses of any kind (including legal fees and litigation 

costs) which may be suffered by, accrued against, be charged to or be recoverable from 

the Indemnified Parties by reason of: 

(I) any occurrence, in, upon, or at the Space, however caused, or any cause of action of 

any nature whatsoever, in law or equity, arising out of or incidental to this Permit or 

the use or occupancy of the Space; andlor 

(2) any occupancy, use, or misuse of the Space, or the areas surrounding the Space, or 

the service areas, parking areas, pedestrian areas, pedestrian walks or driveways in or 

around the Space, by Company, its officers, directors, employees, agents, customers, 

concessionaires, vendors, contractors or invitees, including without limitation uses or 

misuses which may render the premises subject to the Americans with Disabilities Act 

in whole or in part; andlor 

(3) any violation of any law, regnlation or ordinance by Company or its employees, 

4 

HCDA-000006 
arising from acts or omissions of Company, its agents and employees, (C) liability for any 

damage or harm resulting from any release of any hazardous materiaL as that term is defined 

by the United States Environmental Protection Agency, including, but not limited to, costs of 

remediation or mitigation of such release of hazardous materials, and (D) Workers 

Compensation claims to the limits required by the State of South Carolina. Said insurance 

shall be maintained throughout the term of this Permit with an insurance company acceptable 

to County with liability limits of at least $2,000,000.00. The policy or policies shall contain a 

contractual liability endorsement expressly covering the indemnification provisions of 

Section 10 of this Permit. Company shall also purchase, at its own cost and in its sole 

discretion, such business interruption or other insurance to protect Company's interest in the 

event of major or minor damage or disaster to the Space. 

This Permit shall not become etrective until User shall provide to the HCDA a copy of 

certificate( s) evidencing the above insurance. The certificate of insurance shall provide that no 

material alteration, reduction, or termination of coverage shall occur without the insurance 

carrier giving County at least thirty (30) days' written notice prior to such alteration, reduction, 

or termination. 

12. SubUlie and Assignment. Company shall not allow any other entity to occupy or use any of 

the Space without the written consent of the Horry County Department of Airports and no 

attempted assignment ofthis Permit by Company shall be effective. 

13. GOVERNING LAW. TillS PERMIT SHALL BE GOVERNED BY AND CONSTRUED 

UNDER THE LAWS OF THE STATE OF SOUTH CAROLINA. This Permit is not subject 

to alternative dispute resolution except where ordered by a court of competent jurisdiction or 

required by operation of law. The forum for any action or claim brought as a result of this 

contract shall be the Court of Common Pleas, Horry County, South Carolina. 

14. Entire Agreement/Amendment. This Permit constitutes the complete agreement of the 

parties with respect to the subject matter hereof and supersedes all previous agreements, 

representations and understandings concerning the same, whether written or oral. The 

provisions of the Permit may be modified, amended or waived only by a written instrument 

executed by County and Company. 

15. Termination of Permit. In the event of termination of this Permit by either Party, Company 

shall promptly cause to be removed all personal property from the Space. Any property left on 

Airport premises by Company and remaining there fifteen days after the date on which 

Company either vacated the Space or should have vacated the Space according to the notice of 

tennination sent by the terminating party, may be deemed, at the sole and exclusive option of 

the Airport, abandoned. Once so deemed, such property shall become the exclusive property 

of the County and may be disposed of as such in accordance with applicable statutes, 

ordinances, and County'procedures. Alternatively, County may have such property removed, 

at Company's sole expense. 

16. Operating Permit. The terms and conditions for both the "Space Use Permit" and the 

"Operating Permit" must be adhered to without default to either agreement. Defuult of any 

6 

HCDA-000007 
" '" 

terms or conditions by either agreement, constitutes default on both the "Space Use Pennit" 

and the "Operating Permit". 

17. Notices. Any notices required or sent here1D1der shall be in writing and sba1l be sent as follows: 

As to County: 

Harry County Department of Airports 

1100 Jetport Road 

MvrtIe Beach, SC 29577 

ATTN: Director of Airports 

As to Company: 

Skydive Myrtle Beach ILC 

P.O. Box 2478 

Wilmington, NC 28402 

Attn: Aaron S. Holly 

Either party ftom time to time may change its address by written notice to the other party. 

Notices hereunder shall be deemed effective when delivered by hand delivery or overnight 

courier, or three days after deposit in the United States mail, first class, postage prepaid. 

18. License. This Space Use Permit is intended by the parties, and sba1I be interpreted as, a license 

to use the designated Space, and shall under no circmnstances be deemed or construed as a 

lease of real property, nor sba1I the relationship between the parties, as to the designated Space, 

be deemed that ofIandiord and tenant. This Permit is not a contract and does not give, assign, 

or otherwise tmnsfer from the Coonty to the Company any interest in real property, but is a 

mere license, revocable at the will of the County. 

WITNESS the signatures of the parties as of the date first written above. 

~-~~ Its: AS 'Sf. 1+ JiUntrr DI 'Ae-cTt/Z 

ATTEST: SKYDI 

By:. __ ~~~~~-+~ 

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7 

HCDA-000008 
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, 

" SKY DIVE' -"ITLE BEACH LLC 

r 9) 792"()743 

303:.: • ,..,US RIVER AVE 

RALEIGH, Ne 27614 

FOR ______ -,~~~~----------

DATE 

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HCDA-000009 
CERTIFICATE OF INSURANCE 

This ccrtir",ate is given as a _ of informal ion only and confers no rights upon lb. eenJlicate holder. 

Date: September 6, 2013 

This is 10 comlY 10: 

To Whom It May Concern 

tballhe policy Jisted below is issued 10 the foDowing for the 

period indicated by Lloyd's Underwriters: 

Skydive Myrtle Beach, ILC 

2800 Terminal Street 

North Myrtle Beach, SC 

29582 

PREMISE LIABILITY INSURANCE 

Poli·r No. BA-13-09-00067 Policy Period: from Septermber 5, 2013 to September 5, 2014 

Coveruee's Limits of Liability 

General Aggregate Limit $ 2,000,000 Aggregate 

Eacb Occorrence Limit S 1,000,000 

REMARKS 

City of North Myrtle Beach and The City of Myrtle Beach and Myrtle Beach Aviation 

are included as additional insured's. , 

Nothwithstanding any requirement. term or condition of any contract or other document with respect to which this 

certificate may be issued or may pedain, the insurance a!folded by the policy deseribed herein is subject 10 an the lenns, 

exclusions and conditions of such policy. This: certificate does net amcndt extend or otherwise alter the coverage's afforded 

by the polic.y de£Cribed herein. Limits.may have been reduced by -paid claims. 

AVIATION INSUMNCE REPRESENTATIVES, INC. 

8975 VANNS TAVERN ROAD 

GAINESVILLE, GEORGIA 30506 

(678)947-1780 FAX:(678)947.1781 

Certificate No. 1 

Certifieate Effe<tive Dale: 9-5-2013 

HCDA·000010 
STATE OF SOUTH CAROLINA) 

COUNTY OF HORRy) 

OPERATING PERMIT TO PROVIDE SKYDIVING 

AND NON-EMERGENCY PARACHUTE 

OPERATIONS TO THE GENERAL PUBLIC AT THE 

GRAND STRAND AIRPORT 

THIS OPERATING PERMIT, made and entered into this J~ day of.I\uG:1Y.i>" ,2013 

by and between Horry County, a body politic ("County"), owner and opei'ator of the Grand Strand 

Airport ("Airport") in North Myrtle Beach, South Carolina and Skydive Myrtle Beach, LLC a 

corporation organized and existing under the laws of North Carolina ("Company"), shall govern the 

relationship of the parties, wherein County agrees to permit Company to perform "Skydiving and 

Non-Emergency Parachute Operations" at the Grand Strand Airport as to the terms and conditions set 

forth below: 

WITNESSETH: 

WHEREAS, County is the owner and operator of the Airport, located in North Myrtle Beach, South 

Carolina; and 

WHEREAS, Company is engaged to perform "Skydiving and Non-Emergency Parachute 

Operations" at the Grand Strand Airport based on the terms and conditions set forth below; and 

WHEREAS, Company wishes to use the aeronautical facilities of the Grand Strand Airport in 

connection with its "Skydiving and Non-Emergency Parachute Operations" at the Grand Strand 

Airport; and 

WHEREAS, the terms and conditions for both the "Space Use Permit" for the space in Hangar #7 at 

the Grand Strand Airport and the "Operating Permit" must be adhered to without default to either 

agreement. Default of any terms or conditions by either agreement, constitutes default on both the 

"Space Use Permit" or lease and the "Operating Permit". 

NOW, THEREFORE, in consideration of the promises hereinafter contained, County and Company 

agree as follows: "-

1. Term of Permit. The term of this Permit shall be a period of six (6) months, and shall run from 

August I, 2013 through January 31, 2014. Thereafter, this Permit shall automatically be 

extended/renewed on a month-to-month basis upon the same terms and conditions contained 

herein, with the exception of fee payment as set forth below, unless terminated under the 

provisions of this paragraph. Either party may terminate this Permit at any time by serving written 

notice upon the other party at least thirty (30) days in advance of the effective date of termination. 

2. Permit Area: Use. Company may use the permitted facilities at the Airport solely in connection 

with its business of providing "Skydiving and Non-Emergency Parachute Operations" at the Grand 

Strand Airport. 

1 

HCDA-000011 
3. Permit Fee. Company will pay County a non-refundable annual fee of Three Thousand 

($3,000.00) Dollars, which will be pro-rated for six (6) months in the amount of Fifteen Hundred 

Dollars ($1,500.00), which allows Company to operate which will be at the discretion of the 

Airport Director, payable on or before August I, 2013. After the initial term, this Permit will 

continue on a month-to-month basis unless otherwise terminated, Company to pay to County 

1I12th of the annual fee set forth above without demand, and without set-off or deduction, in 

advance of or before the first day of each month the Permit may continue. County reserves the 

right to adjust such fee from time to time upon thirty (30) days written notice to the Company. 10 

the event the Permit terminates on other than the last day of any particular month, the fee shall be 

prorated. Failure to pay by the first of each month shall constitute an event of default. Late 

payment charges of one and one-half percent (I Y, %) will be assessed on all overdue accounts after 

the tenth (10") day of each month, payment of which will not excuse default. 

4. Space Use Premises. The County hereby permits Company to occupy and use space in Hangar 

#7 consisting of approximately Two Thousand-Five Hundred (2,500) square feet, together with 

any surrounding curtilage and parking ("Space") to be utilized for Company's "Skydiving and 

Non-Emergency Parachute Operations to the General Public". 

5. Laws. Rules. Regulations and Procedures. Company shall observe and comply with all 

Federal, State and local laws, rules, and regulations, all County and City ordinances, and business 

license requirements, and all directives of the Harry County Department of Airports, which now 

exist or which may be hereinafter be enacted or adopted. Company will obtain, and provide upon 

request copies to the County, through its Department of Airports, all licenses, permits and 

authorizations, as may be necessary and proper, at Company's sole cost. 

6. Hold Harmless and Indemnification. Company shall protect, defend (with counsel 

satisfactory to County), indemnify, and hold County, its Council members, advisory board 

members, officers, agents, employees and assignees harmless from and against any and all claims, 

debts, liabilities, losses, judgments, penalties, fines, costs, damages, expenses (including 

reasonable attorney fees, court costs and expert fees), or demands arising by reason of injury or 

death of any person or damage to any property, or any cause of action of any nature whatsoever, in 

law or equity, arising out of or incidental to this Permit or the use of the Airport, or the acts or 

omissions of Company or Company's directors, officers, agents, employees, contractors, 

subcontractors or licensees; however, said indemnity shall not apply to any injury, death, or 

damage caused by the sale negligence or willful misconduct of County. The provisions of this 

section shall survive the expiration or early termination of this Permit. 

7. Environmental Indemnification. Company shall indemnity, defend (with counsel satisfactory 

to County), and hold County, its council members, officers, employees, agents, assigns, and any 

successors to County's interest in the Airport, harmless from and against any and all loss, cost, 

damage, expense (including reasonable attorney fees), claim, cause of action, judgment, penalty, 

fine or liability, directly or indirectly, relating to or arising from the use, storage, release, 

discharge, handling, or presence of Hazardous Materials on, under, or about the Airport in 

violation of Company's obligations under this Permit ("Hazardous Materials Release"). This 

indemnification shall include without limitation (a) personal injury claims, (b) the payment of 

liens, (c) diminution in the value of the Airport, (d) damages for the loss or restriction on use of the 

Airport, (e) sums paid in settlement of claims, (f) actual attorneys' fees, conSUlting fees, and expert 

2 

HCDA-000012 
fees, (g) the cost of any investigation of site conditions, and (h) the cost of any repair, cleanup, 

remedial, removal, or restoration work or detoxification if required by any governmental 

authorities or deemed necessary in County's reasonable judgment. County shall have the right but 

not the obligation to join and participate in, and control, if it so elects, any legal proceedings or 

action initiated in connection with the Hazardous Materials Release. County may also negotiate, 

defend, approve, and appeal any action taken or issued by any applicable governmental authorities 

with regard to a Hazardous Materials Release. Any costs or expenses incurred by County for which 

Company is responsible under this Paragraph or for which Company has indemnified County, (i) 

shall be paid to County on demand, during the term of this Permit as an additional fee; and, (ii) 

from and after the expiration or earlier termination of the Permit shall be reimbursed by Company 

on demand. Company's obligations pursuant to the foregoing indemnity shall survive the 

expiration or termination of this Permit and shall bind Company's successors and assignees and 

inure to the benefit of County's successors and assignees. 

8. Insurance. Company agrees to carry and keep in force a policy or policies of public liability 

insurance throughout the term of this Permit, with an insurance company or companies of 

recognized responsibility and acceptable to the County, covering the bodily injury and property 

damage Iiabil ity that Company has agreed by this Permit to hold the County, its Council members, 

directors, agents, officers, and employees harmless against and to indemnify. Company agrees to 

carry and keep in force such insurance with limits of liability for death, personal injury and 

property damage in an aggregate sum equal to not less than two million ($2,000,000.00) Dollars. 

Said policy or policies shall name the County as an additional insured to the extent of the 

indemnification obligation hereunder. A certificate or certificates evidencing such insurance 

coverage shall be filed with the County prior to the date Company commences USe of the Airport 

and said certificate or certificates shall provide that such insurance coverage will not be canceled, 

reduced or materially changed without at least thirty (30) days prior written notice to the County. 

At least thirty (30) days prior to the expiration of any such policy, a certificate showing that such 

insurance coverage has been renewed or extended shall be filed with the County. If such coverage 

is canceled, reduced or materially changed, Company shall, within ten (10) days after receipt of 

written notice, file with the County a certificate or certificates showing that the required insurance 

has been reinstated or provided through another insurance company or companies. 

9. Non-Discrimination. 

A. Company warrants that it will undertake an affirmative action program in conformance with 

14 CFR Part 152, Subpart E, to insure that no person shall, on the grounds of race, creed, color, 

national origin, or sex, be excluded from participating in any employment, contracting, or leasing 

activities covered in 14 CFR Part 152, Snbpart E. Company assures that no person will be 

excluded on such grounds from participating in or receiving the services or benefits of any 

program or activity covered by Subpart E. Company further agrees that it will require that its 

covered sub-organizations provide assurances to Company that they similarly will undertake 

affirmative action programs and that they will require like assurances from their 

sub-organizations, as required by 14 CFR Part l52, Subpart E. 

B. Company agrees to comply with any affirmative action plan or steps or equal employment 

opportunity required by 14 CFR part 152, subpart E, as part ofthe affirmative action program, and 

by any Federal, State, or local agency or court, including those resulting from a conciliation 

3 

HCDA·000013 
may be modified, amended or waived only by a written instrument executed by County and 

Company. 

14. Notice. Whenever any notice is required by this Pennit to be made, given or transmitted to the 

parties hereto, such notice shall be deemed to have been given if enclosed in an envelope with 

sufficient postage attached, and sent by certified mail and deposited in the United States Mail 

addressed to: 

A. As to Horry County: 

Horry County Department of Airports 

11 00 Jetport Road 

Myrtle Beach, SC 29577 

Attention: Director of Airports 

B. As to Company: 

Skydive Myrtle Beach LLC A 

1'.0. Box 1478 $00).'- FP.L.LSo (2.,Ve1L IJe. 

Wihnhlgtoll, l~e 28462 ~A L-€ II;"" , N.C.. Z. "7 "Il!-

Attn: Aaron S. Holly 

15. No Possessory Interest in Premises. Company is not granted any possessory interest or license 

in any premises at the Grand Strand Airport under this Permit. 

IN WITNESS THEREOF, the parties have caused this Permit to be executed by tbeir 

duly authorized officers the day.and year first above-written. 

ATTEST: 

ATTEST: 

5 

HORRY COUNTY 

BY:~~~-~ 

Its: t 12.. "2.l z..:::::, 13 

SKVrtMYRTLE B~'ACH 

By: ~ \_~ 

Its: 0 W tJ e.-(L 

HCDA-000014 
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HCDA-000015 
HCDA-000016 
HCDA-000017 
• 

GRAND STRAND AIRPORT 

SPACE USE PERMIT 

r fE. 

E:)( eCuTI V€ 

Het.lc.o~ 

THIS SPACE USE PERMIT ("Pennit") is made and entered into as of the 15,r day of 

A-vtftl""''l- 2013, by and between HORRY COUNTY, SOUTII CAROLINA, ACTING BY 

AND THROUGH ITS DEPARTMENT OF AIRPORTS ("County") and EXECUTIVE 

HELICOPTERS ("Company"), a business entity fonned and existing under the laws of the State of 

South Carolina, and authorized to do business in Horry County, South Carolina. 

WITNESSETH 

WHEREAS, County is the operator ofthe Grand Strand Airport ("Airport"); and 

WHEREAS, Company desires to occupy and use space in Hangar # 10 (County Hangar) located on 

Grand Strand Airport property, to conduct its "Helicopter Tour Service" business; and 

WHEREAS, County is willing to permit Company to occupy and use space in Hangar # 10 (County 

Hangar) at the Grand Strand Airport, subject to the restrictions and tenns provided herein: 

NOW, THEREFORE, County and Company agree as follows: 

1. Space Use. County hereby permits Company to occupy and use office and hangar space for 

one helicopter in Hangar # 10 (County Hangar), together with any surrounding curtilage and 

parking ("Space") to be utilized for Company's "Helicopter Tour Service" business. 

2. Term. The term of this Permit shall commence on August 1, 2013, and it shall continue in 

force and effect until January 31, 2014, but no longer than, six (6) months from the date of 

commencement unless otherwise earlier terminated. Prior to actual physical occupancy of 

Space by Company, either party may terminate this Permit for any reason upon the giving at 

least five (5) days written notice to the other party. After actual physical occupancy of the 

Space by Company, either party may terminate this Permit for any reason by giving at least 

thirty (30) days written notice to the other party. Any act of default hereunder, including 

without limitation failure to pay fees when due, shall terminate any right, license or pennission 

for use of Space immediately upon event of default. This Permit shall not be renewed or 

extended, nor shall another such Pennit be entered into between the same parties within 

twelve (12) months from the date of expiration of this Permit, without prior approval ofHorry 

County Council. 

3. Use. During the teTIn hereof; Company shall occupy and use Space permitted by County solely 

in connection with its "Helicopter Tour Service" business at the Grand Strand Airport to the 

extent permitted by and fully in compliance with all applicable rules, regulations, and 

requirements of any Federal, State, City or County regulatory agency having jurisdiction over 

the Company's operations, subject to all terms and conditions of this agreement. Company's 

employees and customers will have reasonable access to and from and the right to use and 

occupy Space for the sole purpose of engaging in or furthering Company's business. 

1 

HCDA·000018 
Company's employees must be well groomed and neat in appearance at all times. The Director 

of Airports must approve all signs and displays to be erected on the Space. Company shall 

fully comply with all safety and security policiesfdirectives as established by the Airport. 

4. Fee; Default Interest; Late Payment; Secnrity Deposit. 

A. Fee. As the Fee for occupancy and use of the Space, Company shall pay County 

monthly payments of Three Hundred Twenty-five & OOflOO ($325.00) dollars per 

month. Company shall pay said amounts without set-off or deduction, in advance and 

without demand on or before the first day of each month during the term hereof. In the 

event this Permit commences or terminates on other than the last day of any particular 

month, the Fee shall be prorated. County reserves the right to adjust such rate from 

time to time upon thirty (30) days written notice to the Company. 

B. Gross Sales Percentage Fee. For each month during the term hereof and in addition to 

the monthly base occupancy and use of the Space fee, Company shall pay County, as 

additional fee, a monthly adjustment amount which shall be the difference, if any, 

between the monthly occupancy and use of the Space base fee to be paid during said 

month and five (5%) percent of the gross sales during each such occupancy month, 

whichever is greater. 

Gross sales include, without limitation, the gross selling price of all merchandise, 

services, concessions, or privileges that occur in whole or in part, on the Space, or as a 

result of activities on or associated with the Space, during the term of this Permit 

including the gross charges of all services to customers or patrons performed by 

Company or any other person, entity, firm or corporation, in, upon, or through any part 

ofthe Space during the term of this Permit and all sales/services that are subject to the 

South Carolina amusement, sales, use or excise.tax set forth in Title 12 of the South 

Carolina Code of Laws, 1976, as amended. Notwithstanding anything herein to the 

contrary, gross sales shall not include the amount of any amusement, sales, use or 

excise taxes paid by Company during such term of this Permit. 

C. Payment of Fee and Gross Sales Percentage Fee. The Fee shall be paid in aid amounts 

without set-off or deduction, in advance and without demand on or before the first day 

of each month during the term hereof from and after the Commencement Date. The 

Gross Sales Percentage Fee, if due, shall be paid within ten (10) days of each month 

following a calendar month occurring from and after the Commencement Date 

through the expiration or termination of this Agreement, at which time Lessee shall 

provide Lessor, without demand, a statement of Gross Receipts for the prior 

calendar month together with the amount, if any, by which the Gross Sales 

Percentage Fee due for the previous calendar year exceeds the Fee. 

D. Default Interest. If Company shall default in its payment of Fees or other charges 

required to be paid pursuant to this Permit, such unpaid amounts shall bear interest 

from the date of default at the rate of 1 Y, % per month. 

2 

HCDA·000019 
E. Late Payment. Company acknowledges that the late payment by Company of any 

monthly installment of fees or other charges will cause County to incur certain costs 

and expenses not contemplated under this Permit, the exact amount of which are 

difficult or impracticable to determine. Therefore, if any such amount owing is not 

received by county within ten (10) days following the due date thereof, Company shall 

immediately pay to County a late charge equal to I Yz % per month of such amount . 

owing, in addition to any default interest which may be due as provided above. To the 

extent that any late charge provided for hereunder is determined to constitute interest, 

in no event shall such late charges, plus any other interest due on sums owed to County 

hereunder, ever exceed the maximum interest rate permitted by law. 

F. Security Deposit. To assure the faithful performance of Company's obligations 

hereunder, Company shall remit a deposit in the fonn of cash, a letter of credit, or a 

payment bond issued by a reputable company licensed to issue such bonds in the State 

of South Carolina, in an amount equal to two (2) months of all applicable Fees to the 

County, which shall be remitted to the County prior to the Company's occupancy of the 

Space. In no event shall this security deposit be used as payment for any fee set forth in 

A, above, without the express written authorization of the Director of the Horry County 

Department of Airports. 

S. Utilities and Services. County shall supply access to water, natural gas and electricity to the 

extent and capacity of the currently existing mains, lines, transformers, and panels. Company 

shall be solely responsible for the payment of all utility charges, telephone, trash removal, 

hazardous waste removal and other services used by Company in or on the Space, to include 

hook-up fees, advanced deposits or other such costs, regardless of whether the utility charge is 

incurred in the name of Company or County. Company shall accept transfer of all applicable 

utility meters to Company's name when so tendered by County. In the event Company incurs 

any utility charge in the name of County, Company shall reimburse County for the full amount 

of the charge within five (5) calendar days of the date of written notice to Company of the 

amount of the charge. County assumes no responsibility for interruption of such services for 

any reason whatsoever. 

4. Cleaning and Maintenance. Company, at its sole cost and expense, shall keep the Space in a 

clean, neat and orderly condition at all times, and shall be responsible for maintaining all 

non-structural elements, including without limitation plumbing and HVAC. Company 

understands that it is responsible for the conduct of its guests, permittees, invitees, and 

licensees on the premises. Company shall not store any personal property exterior to the 

. building on the unimproved premises associated with the building. Company is prohibited 

from taking any action which would negate or void the warranty on the roofs of any building 

within its Space. 

5. Alterations. Company may not make any alteration, addition, or improvement to the Space 

without the prior written approval of the Director of Airports. Company shall submit a written 

request for permission to perform such alterations, which shall include a description of the 

improvements, a site plan, and any other documentation requested by the Director of Airports 

3 

HCDA·000020 
to demonstrate the suitability of the improvements or alterations. Unless Connty elects 

otherwise, all permanent alterations, additions, or improvements to the Space shall become 

the property of County upon termination. In the event Connty so elects, such permanent 

alterations shall be removed by Company at its own cost and expense prior to date of 

termination. Company shall repair any damage to Space caused by such removal at its own 

cost. All agreed upon improvements must be made in a workmanlike manner, in accordance 

with all applicable statutes, ordinances, rules and regulations, including without limitation 

applicable building codes, and may be made only upon written approval of Connty's 

department of Airports after review of complete plans for such improvements. 

6. Right of Entry, County shall have the right to enter the Space, at any time for any reasonable 

purpose. 

9. Compliance with Law. 

A. General Compliance. Company will comply with all applicable statutes. ordinances. 

rules, regulations. orders and directives of any governmental authority, including County, 

in its occupancy and use ofthe Space. 

B. Acceptance of Premises. Company accepts the Space in its "as-is" condition and Connty 

has no obligation to improve, repair, restore, or alter any portion of the Space. Company 

acknowledges that neither County nor any agent, employee, director or official of Connty 

has made any representation or warranty, except as otherwise expressly provided in this 

Permit, with respect to the Space including, without limitation, any representation or 

warranty with respect to the suitability or fitness of the building or any portion thereof for 

the conduct of 

Company's business. 

C. Jurisdiction of Other Agencies. If Company's activities and operations shall in any way fall 

within the jurisdiction or regulatory authority of other governmental agencies, including 

without limitation the South Carolina Department of Health and Environmental Control 

("DHEC"), Company must secure and produce evidence of such agency's [mal approval of 

such operations or occupancy of Space. If such activities and operations fall outside 

DHEC's 

jurisdiction, Company shall procure and submit to County the statement of an 

appropriately authorized DHEC representative to that effect. Company acknowledges that 

its representations and warranties pursuant to this subsection are material to the County's 

agreement to permit the Company's use of the Space. 

10. Release and Indemnitv. 

A. Release. Company hereby releases County from any liability to Company for any loss or 

damage to any property of Company, its officers, directors, employees, agents, customers, 

concessionaires, vendors, contractors or invitees, and for the death or injury of any 

officers, directors, employees, agents, customers, concessionaires, vendors, contractors or 

invitees of Company, occasioned by theft, fire, acts of God, public enemy, injunction, riot, 

4 

HCDA·000021 
strike, insurrection, war, govemmental body or authority including County, or any other 

matter beyond the control of County, or for any injury or damage or inconvenience which 

may arise through repair or alteration of any part of the Space, or failure to make repairs, or 

for any cause whatsoever, except the sole negligence or willful misconduct of County. 

B. Indemnity. Company hereby releases and will defend, indemnify and hold harmless 

County, its departments, agencies, boards, commissions, committees, officers, directors, 

employees, and agents and assigns of any of them ("Indemnified Parties") from and 

against any and all liability, claims, penalties, fines, causes of action, suits, liens, losses, 

loss of use, damages, costs and expenses of any kind (including legal fees and litigation 

costs) which may be suffered by, accrued against, be charged to or be recoverable from the 

Indemnified Parties by reason of: 

(1) any occurrence, in, upon, or at the Space, however caused, or any cause of action of, 

any nature whatsoever, in law or equity, arising out of or incidental to this Permit or 

the use or occupancy of the Space; and/or 

(2) any occupancy, use, or misuse of the Space, or the areas surrounding the Space, or 

the service areas, parking areas, pedestrian areas, pedestrian walks or driveways in or 

around the Space, by Company, its officers, directors, employees, agents, customers, 

concessionaires, vendors, contractors or invitees, including without limitation uses or 

misuses which may render the premises subject to the Americans with Disabilities Act 

in whole or in part; and/or 

(3) any violation of any law, regulation or ordinance by Company or its employees, 

officers, directors, employees, agents, customers, concessionaires, vendors, 

contractors or invitees; and/or 

(4) any occurrence arising in whole or in part out of the negligent act, or negligent 

failure to act, of Company, its officers, directors, employees, agents, customers, 

vendors, cohtractors or invitees. 

The provisions of this section shall survive the expiration or early termination of 

this Permit. 

C. Environmental Indemnification. Company shall also indemnify, defend (with 

counsel satisfactory to County), and hold County, its departments, agencies, council, 

boards, commissions, committees, members, officers, directors, employees, and 

agents and assigns of any of them harmless from and against any and all loss, cost, 

damage, expense, claim, cause of action, judgment, penalty, fine or liability, directly 

or indirectly, relating to or arising from the use, storage, release, discharge, handling 

or presence of Hazardous Materials on, under, or about the Space or the Airport in 

violation of Company's obligations under this Permit ("Hazardous Materials 

Release"). This indemnification shall include, without limitation, (a) personal injury 

claims, (b) the payment of liens, ( c) diminution in the value of the Space, or any 

5 

HCDA·000022 
, ' 

building included therein, or any other property at the Airport, (d) damages for the 

loss or restriction on use of the Space or the Airport, ( e) sums paid in settlement of 

claims, (1) actual attorneys' fees, consulting fees, court costs, and expert fees, (g) the 

cost of any investigation of site conditions, (h) the cost of any repair, cleanup, 

remedial, removal, or restoration work or detoxification if required by any 

governmental authority or deemed necessary in County's reasonable judgment, (i) 

and any fmes associated with Company's activities. County shall have the right but 

not the obligation to join and participate in, and control, if it so elects, any legal 

proceedings or action initiated in connection with the Hazardous Materials Release. 

County may also negotiate, defund, approve, and appeal any action taken or issued by 

any applicable governmental authority with regard to a Hazardous Materials Release. 

Any costs or expenses incurred by County for which Company is responsible under 

this Paragraph or this Permit and has indemnified County, (i) shall be paid to County 

on demand, during the term of this Permit as additional fees; and (ii)from and after 

the expiration or earlier termination of the Permit shall be reimbursed by Company on 

demand. Company's obligations pursuant to the foregoing indemnity shall survive the 

expiration or termination of this Permit and shall bind Company's successors and 

assignees and inure to the benefit of County's successors and assigns. 

II. Insurance Required. Company agrees to purchase and keep in force and maintain at all times 

during the term of this Permit, at its own expense, for the benefit of itself and County as 

additional named insured, a policy or policies ofinsurance, issued by an insurance company of 

generally recognized responsibility and licensed to do business in the State of South Carolina 

insuring against: (A) all liability for damage to or loss of Company's and its customer's 

property located on the Space, (B) liability for property damage and personal injury or death 

arising from acts or omissions of Company, its agents and employees, (C) liability for any 

damage or harm resulting from any release of any hazardous material, as that term is defined 

by the United States Environmental Protection Agency, including, but not limited to, costs of 

remediation or mitigation of such release of hazardous materials, and (D) Workers 

Compensation claims to the limits required by the State of South Carolina. Said insurance 

shall be maintained throughout the term of this Permit with an insurance company acceptable 

to County with liability limits of at least $2,000,000.00. The policy or policies shall contain a 

contractual liability endorsement expressly covering the indemnification provisions of 

Section lOaf this Permit. Company shall also purchase, at its own cost and in its sale 

discretion, such 

business interruption or. other insurance to protect Company's interest in the event of major or 

minor damage or disaster to the Space. 

This Permit shall not become effective until User shall provide to the HCDA a copy of 

certificate( s) evidencing the above insurance. The certificate of insurance shall provide that no 

material alteration, reduction, or termination of coverage shall occur without the insurance 

carrier giving County at least thirty (30) days' written notice prior to such alteration, reduction, 

Or termination. 

12. Subuse and Assignment. Company shall not allow any other entity to occupy or use any of 

the Space without the written consent bf the Harry County Department of Airports and no 

6 

HCDA-000023 
attempted assignment of this Pennit by Company shall be effective. 

13. GOVERNING LAW. THIS Pennit SHALL BE GOVERNED BY AND CONSTRUED 

UNDER THE LAWS OF THE STATE OF SOUTH CAROLINA. This Pennit is not subject 

to alternative dispute resolution except where ordered by a court of competent jurisdiction or 

required by operation of law. The forum for any action or claim brought as a result of this 

contract shall be the Court of Common Pleas, Horry County, South Carolina. 

14. Entire Agreement/Amendment. This Pennit constitutes the complete agreement of the 

parties with respect to the subject matter hereof and supersedes all previous agreements, 

representations and understandings concerning the same, whether written or oral. The 

provisions of the Pennit may be modified, amended or waived only by a written instrument 

executed by County and Company. 

IS. termination of Permit. In the event of termination of this Permit by either Party, Company 

shall promptly cause to be removed all personal property from the Space. Any property left on 

Airport premises by Company and remaining there fifteen days after the date on which 

Company either vacated the Space or should have vacated the Space according to the notice of 

tennination sent by the tenninating party, may be deemed, at the sole and exclusive option of 

the Airport, abandoned. Once so deemed, such property shall become the exclusive property 

of the County and may be disposed of as such in accordance with applicable statutes, 

ordinances, and County procedures. Alternatively, County may have such property removed, 

at Company's sole expense. 

16. Operating Permit. The tenns and conditions for both the "Space Use Pennit" and the 

"Operating Pennit" must be adhered to without default to either agreement. Default of any 

tenns or conditions by either agreement, constitutes default on both the "Space Use Pennit" 

and the "Operating Pennit". 

17. Notices. Any notices required or sent hereunder shall be in writing and shall be sent as follows: 

As to County: 

Horry County Department of Airports 

1100 Jetport Road 

Myrtle Beach, SC 29577 

ATTN: Director of Airports 

As to Company: 

Executive Helicopters 

3231 Victory Street 

Myrtle Beach, SC 29577 

7 

HCDA·000024 
.. • • 

Either party from time to time may change its address by written notice to the other party. 

Notices hereunder shall be deemed effective when delivered by hand delivery or overnight 

courier, or three days after deposit in the United States mail, first class, postage prepaid. 

18. License. This Space Use Permit is intended by the parties, and shall be interpreted as, a license 

to use the designated Space, and shall under no circumstances be deemed or construed as a lease of real 

property, nor shall the relationship between the parties, as to the designated Space, be deemed that of 

landlord and tenant. This Permit is not a contract and does not give, assign, or otherwise transfer from 

the County to the Company any interest in real property, but is a mere license, revocable at the will of 

the County. 

WITNESS the signatures of the parties as of the date first written above. 

ATTEST: HORRY COUNTY 

By:~ ..!-. ~<":L 

Its: vi.-... +or ~ P,;f ?O~~ 

EXECUTIVE HELIC~~RS 

By: ~f<-P- Its:; J~'& 

8 

HCDA-000025 
GRAND STRAND AIRPORT 

SPACE USE PERMIT 

THIS SPACE USE PERMIT ("Permit") is made and entered into as of the I" day of 

February 2014, by and between HORRY COUNTY, SOUTH CAROLINA, ACTING BY AND 

THROUGH ITS DEPARTMENT OF AIRPORTS ("CotUlty") and EXECUTIVE HELICOPTERS, 

INC. ("Company"), a business entity formed and existing under the laws of the State of South 

Carolina, and authorized to do business in Horry County, South Carolina. 

WITNESSETH 

WHEREAS, County is the operator of the Grand Strand Airport ("Airport"); and 

WHEREAS, Company desires to occupy and use space in Hangar #10 located on Grand Strand 

Airport property, to conduct its "Helicopter Tour Service" business; and 

WHEREAS, County is willing to permit Company to occupy and use space in Hangar #10 at the 

Grand Strand Airport, subject to the restrictions and terms provided herein: 

NOW, THEREFORE, County and Company agree as follows: 

I. Space Use, County hereby permits Company to occupy and use Hangar # 1 0 together with 

any surrounding curtilage and parking ("Space") to be utilized for Company's "Helicopter 

Tour Service" business. 

2. Term. The term of this Permit shall commence on February 1, 2014, and it shall continue in 

force and effect until July 31, 2014, but no longer than, six (6) months from the date of 

commencement unless otherwise earlier terminated. Prior to actual physical occupancy of 

Space by Company, either party may terminate this Permit for any reason upon the giving at 

least five (5) days written notice to the other party. After actual physical occupancy of the 

Space by Company, either party may terminate this Permit for any reason by giving at least 

thirty (30) days written notice to the other party. Any act of default hereunder, including 

without limitation failure to pay fees when due, .shall terminate any right, license or 

permission for use of Space inunediately upon event of default. This Permit shall not be 

renewed or extended, nor shall another such Permit be entered into between the same parties 

within twelve (12). months from the date of expiration of this Permit, without prior approval 

ofHorry County Council. 

3. Use. During the term hereof, Company shall occupy and use Space permitted by County 

solely in connection with its "Helicopter Tour Service" business at the Grand Strand Airport 

to the extent permitted by and fully in compliance with all applicable rules, regulations, and 

requirements of any Federal, State, City or County regulatory agency having jurisdiction 

over the Company's operations, subject to all terms and conditions of this agreement. 

Company's employees and customers will have reasonable access to and from and the right 

1 

HCDA-000026 
to use and occupy Space for the sole purpose of engaging in or furthering Company's 

business. Company's employees must be well groomed and neat in appearance at all times. 

The Director of Airports must approve all signs and displays to be erected on the Space. 

Company shall fully comply with all safety and security policies/directives as established by 

the Airport. IMPORTANT: Oulv vehicles (l!)erated by staff members based at .CRE, are 

em!>!oyed directll' for the Compauy amI. have heenllppl'oved bv the nil'ector of AkpOl'ts 

are permitted to park 011 the ill/elior of Ille secudty felice (i.e. Oil the ramp}. 

Companies arC nmi/ed 10 two (2) emplovee vellides 011 Ail'porl prOperlY at Olle lime 

and mus! pal'k 'Hliaeent lite "space" described in this Agreemeut. 

4. Fee; Default Interest; Late Payment; Security Deposit. 

A. Fee. As the Fee for occupancy and use of the Space, Company shall pay County 

monthly payments of Three Hundred Twenty-Five and Noll 00 ($325.00) dollars per 

month. Company shall pay said amounts without set-off or deduction, in advance and 

without demand on or before the fIrst day of each month during the term hereof. In 

the event this Permit commences or terminates on other than the last day of any 

particular month, the Fee shall be prorated. County reserves the right to adjust such 

rate from time to time upon thirty (30) days written notice to the Company. 

B. Gross Sales Percentage Fee. For each month during the term hereof and in addition 

to the monthly base Occupancy and use of the Space fee, Company shall pay County, 

as additional fee, a monthly adjustment amount whicb shall be the difference, if any, 

between the monthly occupancy and use of the Space base fee to be paid during said 

month and Mecnt, futH (21?/) fUFi8Rt of the gross sales during each~cc~i~cy 

month, whichever is greater. (1\)"1\))~ M<.k:NT ~\.. LflA":!iJ1Y/rf 

Gross sales include, without limitation, the gross selling price of all merchandise, 

services, concessions, or privileges that occur in whole or in part, on the Space, or as 

a result of activities on or associated with the Space, during the term of this Permit 

Jncluding the gross charges of all services to customers or patrons performed by 

Company or any other person, entity, fum or corporation, in, upon, or through any 

part of the Space during the term of this Permit and all sales/services that are subject 

to the South Carolina amusement, sales, use or excise tax set forth in Title 12 of the 

South Carolina Code of Laws, 1976, as amended. Notwithstanding anything herein 

to the contrary, gross sales shall not include the amount of any amusement, sales, use 

or excise taxes paid by Company during such term of this Permit. 

C. Payment of Fee and Gross Sales Percentage Fee. The Fee shall be paid in aid 

amounts without set-off or deduction, in advance and without demand on or before 

the fIrst day of each month during the term hereof from and after the 

Commencement Date. The Gross Sales Percentage Fee, if due, shall be paid within 

ten (10) days of each month following a calendar month occurring from and after 

the Commencement Date through the expiration or termination of this Agreement, 

at which time Lessee shall provide Lessor, without demand, a statement of Gross 

2 

HCDA-000027 
Receipts for the prior calendar month together with the amount, if any, by which 

the Gross Sales Percentage Fee due for the previons calendar year exceeds the Fee. 

D. Default interest. If Company shall default in its payment of Fees or other charges 

required to be paid pursuant to this Permit, such unpaid amounts shall bear interest 

from the date of default at the rate of I % % per month. 

E. Late Payment. Company acknowledges that the late payment by Company of any 

monthly installment of fees or other charges will cause County to incur certain costs 

and expenses not contemplated under this Permit, the exact amount of which are 

difficult or impracticable to determine. Therefore, if any such amount owing is not 

received by county within ten (10) days following the due date thereof, Company 

shall immediately pay to County a late charge equal to I % % per month of such 

amount owing, in addition to any default interest which may be due as provided 

above. To the extent that any late charge provided for hereunder is determined to 

constitute interest, in no event shall such late charges, plus any other interest due on 

sums owed to County hereunder, ever exceed the maximum interest rate permitted by 

law. 

F. Security Deposit. To assure the faithful performance of Company's obligations 

hereunder, Company shall remit a deposit in the form of cash, a letter of credit, or a 

'payment bond issued by a reputable company licensed to issue such bonds in the 'State 

of South Carolina, in an amount equal to two (2) months of all applicable Fees to the 

County, which shall be remitted to the County prior to the Company's occupancy of 

the Space. In no event shall this security deposit be used as payment for any fee set 

forth in A, above, without the express written authorization of the Director of the 

Horry County Department of Airports. 

3. Utilities and Services. County shall supply access to water, natural gas and electricity to the extent 

and capacity of the currently existing mains, lines, transformers, and panels. Company shall be 

solely responsible for the payment of all utility charges, telephone, trash removal, hazardous waste 

removal and other services used by Company in or on the Space, to include hook-up fees, advanced 

deposits or other such costs, regardless of whether the utility charge is incurred in the name of 

Company or County. Company shall accept transfer of all applicable utility meters to Company's 

name when so tendered by County. In the event Company incurs any utility charge in the name of 

County, Company shall reimburse County for the full amount of the charge within five (5) calendar 

days of the date of written notice to Company of the amount of the charge. County assumes no 

responsibility for interruption of such services for any reason whatsoever. 

3 

HCDA-000028 
4. Cleaning and Maintenance. Company, at its sole cost and expense, shall keep the Space in 

a clean, neat and orderly condition at all times, and shall be responsible for maintaining all 

non-structural elements, including without limitation plumbing and HV AC. Company 

understands that it is responsible for the conduct of its guests, permittees, invitees, and 

licensees on the premises. Company shall not store any personal property exterior to the 

building on the unimproved premises associated with the building. Company is prohibited 

from taking any action which would negate or void the warranty on the roofs of any 

building within its Space. 

5. Alterations. Company may not make any alteration, addition, or improvement to the Space 

without the prior written approval of the Director of Airports. Company shall submit a 

written request for permission to perfonn such alterations, which shall include a description 

of the improvements, a site plan, and any other documentation requested by the Director of 

Airports to demonstrate the suitability of the improvements or alterations. Unless County 

eJects otherwise, all permanent alterations, additions, or improvements to the Space shall 

become the property of County upon termination. In the event County so elects, such 

permanent alterations shall be removed by Company at its own cost and expense prior to 

date of termination. Company shall repair any damage to Space caused by such removal at 

its own cost. All agreed upon improvements must be made in a workmanlike manner, in 

accordance with all applicable statutes, ordinances, rules and regulations, including without 

limitation applicable building codes, and may be made only upon written approval of 

County's department of Airports after review of complete plans for such improvements. 

6. Right of Entry. County shall have the right to enter the Space at any time for any 

reasonable purpose. 

9. Compliance with Law. 

A. General Comoliance. Company will comply with all applicable statutes. ordinances. 

rules. regulations. orders and directives of any governmental authority, including County, in 

its occupancy and use of the Space. 

B. Acceptance of Premises. Company accepts the Space in its "as-is" condition and County 

has no obligation to improve, repair, restore, or alter any portion of the Space. Company 

acknowledges that neither County nor any agent, employee, director or official of County 

has made any representation or warranty, except as otherwise expressly provided in this 

Pennit, with respect to the Space including, without limitation, any representation or 

warranty with respect to the suitability or fitness of the building or any portion thereof for 

the conduct of 

Company's business. 

C. Jurisdiction of Other Agencies. If Company's activities and operations shall in any way 

fall within the jurisdiction or regulatory authority of other governmental agencies, including 

without limitation the South Carolina Department of Health and Environmental Control 

("DHEC"), Company must secure and produce evidence of such agency's final approval of 

4 

HCDA·000029 
such operations or occupancy of Space. If such activities and operations fall outside 

DHEC's 

jurisdiction, Company shall procure and submit to County the statement of an appropriately 

authorized DHEC representative to that effect. Company acknowledges that its 

representations and warranties pursuant to this subsection are material to the County's 

agreement to permit the Company's use of the Space. 

10. Release and Indemnity. 

A. Release. Company hereby releases County from any liability to Company for any loss 

or damage to any property of Company, its officers, directors, employees, agents, 

customers, concessionaires, vendors, contractors or invitees, and for the death or injury 

of any officers, directors, employees, agents, customers, concessionaires, vendors, 

contractors or invitees of Company, occasioned by theft, fire, acts of God, public 

enemy, injunction, riot, strike, insurrection, war, governmental body or authority 

including County, or any other matter beyond the control of County, or for any injury or 

damage or inconvenience which may arise through repair or alteration of any part of the 

Space, or failure to make repairs, or for any cause whatsoever, except the sole 

negligence or willful misconduct of County. 

B. Indemnity. Company hereby releases and will defend, indemnify and hold harmless 

County, its departments, agencies, boards, commissions, committees, officers, directors, 

employees, and agents and assigns of any of them ("Indemnified Parties") from and 

against any and all liability, claims, penalties, fines, causes of action, suits, liens, losses, 

loss of use, damages, costs and expenses of any kind (including legal fees and litigation 

costs) which may be suffered by, accrued against, be charged to or be recoverable from 

the Indemnified Parties by reason of: 

(I) any occurrence, in, upon, or at the Space, however caused, or any cause of action 

of any nature whatsoever, in law or equity, arising out of or incidental to this Permit 

or the use or occupancy of the Space; and/or 

(2) any occupancy, use, or misuse of the Space, or the areas surrounding the Space, 

or the service areas, parking areas, pedestrian areas, pedestrian walks or driveways in 

or around the Space, by Company, its officers, directors, employees, agents, 

customers, concessionaires, vendors, contractors or invitees, including without 

limitation uses or misuses which may render the premises subject to the Americans 

with Disabilities Act in whole or in part; and/or 

(3) any violation of any law, regulation or ordinance by Company or its employees, 

officers, directors, employees, agents, customers, concessionaires, vendors, 

contractors or invitees; and/or 

(4) any occurrence arising in whole or in part out of the negligent act, or negligent 

failure to act, of Company, its officers, directors, employees, agents, customers, 

5 

HCDA-000030 
vendors, contractors or invitees. 

The provisions of this section shall survive the expiration or early tennination of 

this Pennit. 

C. Environmental Indemnification. Company shall also indemnify, defend (with 

counsel satisfactory to County), and hold County, its departments, agencies, 

council, boards, commissions, committees, members, officers, directors, employees, 

and agents and assigns of any of them harmless from and against any and all loss, 

cost, damage, expense, claim, cause of action, judgment, penalty, fine or liability, 

directly or indirectly, relating to or arising from the use, storage, release, discharge, 

handling or presence of Hazardous Materials on, under, or about the Space or the 

Airport in violation of Company's obligations under this Pennit ("Hazardous 

Materials Release"). This indemnification shall include, without limitation, (a) 

personal injury claims, (b) the payment ofliens, (c) diminution in the value of the 

Space, or any building included therein, or any other property at the Airport, (d) 

damages for the loss or restriction on use of the Space or the Airport, (e) sums paid 

in settlement of claims, (f) actual attomeys' fees, consulting fees, court costs, and 

expert fees, (g) the cost of any investigation of site conditions, (h) the cost of any 

repair, cleanup, remedial, removal, or restoration work or detoxification if required 

by any governmental authority or deemed necessary in County's reasonable 

judgment, (i) and any fines associated With Company's activities. County shall have 

the right but not the obligation to join and participate in, and control, if it so elects, 

any legal proceedings or action initiated in connection with the Hazardous Materials 

Release. County may also negotiate, defend, approve, and appeal any action taken 

or issued by any applicable governmental authority with regard to a Hazardous 

Materials Release. Any costs or expenses incurred by County for which Company is 

responsible under this Paragraph or this Pennit and has indemnified County, (i) 

shall be paid to County on demand, during the term of this Pennit as additional fees; 

and (ii)from and after the expiration or earlier termination of the Pennit shall be 

reimbursed by Company on demand. Company's obligations pursuant to the 

foregoing indemnity shall survive the expiration or termination of this Pennit and 

shall bind Company's successors and assignees and inure to the benefit of County's 

successors and assigns. 

11. Insurance Required. Company agrees to purchase and keep in force and maintain at all 

times during the term of this Pennit, at its own expense, for the benefit of itself and County 

as additional named insured, a policy or policies of insurance, issued by an insurance 

company of generally recognized responsibility and licensed to do business in the State of 

South Carolina insuring against: (A) all liability for damage to or loss of Company's and its 

customer's property located on the Space, (8) liability for property damage and personal 

injury or death arising from acts or omissions of Company, its agents and employees, (C) 

liability for any damage or harm resulting from any release of any hazardous material, as 

that term is defined by the United States Environmental Protection Agency, including, but 

6 

HCDA-000031 
not limited to, costs of remediation or mitigation of such release of hazardous materials, and 

(D) Workers Compensation claims to the limits required by the State of South Carolina. Said 

insurance shall be maintained throughout the term of this Permit with an insurance company 

acceptable to County with liability limits of at least $2,000,000.00. The policy or policies 

shall contain a contractual liability endorsement expressly covering the indemnification 

provisions of Section 10 of this Permit. Company shall also purchase, at its own cost and in 

its sole discretion, such 

business interruption or other insurance to protect Company's interest in the event of major 

or minor damage or disaster to the Space. 

This Permit shall not become effective until User shall provide to the HCDA a copy of 

certificate( s) evidencing the above insurance. The certificate of insurance shall provide that 

no material alteration, reduction, or termination of coverage shall occur without the 

insurance carrier giving County at least thirty (30) days' written notice prior to such 

alteration, reduction, Dr termination. 

12. Subuse and Assignment. Company shall not allow any other entity to occupy or use any of 

the Space without the written consent of the Horry County Department of Airports and no 

attempted assignment of this Permit by Company shall be effective. 

13. GOVERNING LAW. THIS Permit SHALL BE GOVERNED BY AND CONSTRUED 

UNDER THE LAWS OF THE STATE OF SOUTH CAROLINA. This Permit is not subject 

.to alternative dispute resoh,ltion except where ordered by a court of competent jurisdiction or 

required by operation of law. The forum for any action or claim brought as a result of this 

contract shall be the Court of Common Pleas, Horry County, South Carolina. 

14. Entire Agreement! Amendment. This Permit constitutes the complete agreement of the 

parties with respect to the subject matter hereof and supersedes all previous agreements, 

representations and understandings conceming the same, whether written or oral. The 

provisions of the Permit may be modified, amended or waived only by a written instrument 

executed by County and Company. 

15. Termination of Permit. In the event of termination of this Permit by either Party, Company 

shall promptly cause to be removed all personal property from the Space. Any property left 

on Airport premises by Company and remaining there fifteen days after the date on which 

Company either vacated the Space or should have vacated the Space according to the notice 

of termination sent by the terminating party, may be deemed, at the sole and exclusive option 

of the Airport, abandoned. Once so deemed, such property shall become the exclusive 

property of the County and may be disposed of as such in accordance with applicable 

statutes, ordinances, and County procedures. Alternatively, County may have such property 

removed, at Company's sole expense. 

16. Operating Permit. The terms and conditions for both the "Space Use Permit" and the 

"Operating Permit" must be adhered to without default to either agreement. Default of any 

terms or conditions by either agreement, constitutes defanlt on both the "Space Use Permit" 

7 

HCDA-000032 
and the "Operating Permit". 

1 7. Notices. Any notices required or sent herennder shall be in writing and shall be sent as 

follows: 

As to County: 

Horry County Department of Airports 

11 00 Jetport Road 

Myrtle Beach, SC 29577 

ATTN: Director of Airports 

As to Company: 

Executive Helicopter 

3231 Victory Street 

Myrtle Beach. SC 29577 

Either party from time to time may change its address by written notice to the other party. 

Notices hereunder shall be deemed effective when delivered by hand delivery or overnight 

courier, or three days after depOsit in the United States mail, first class, postage prepaid. 

18. License. This Space Use Permit is intended by the parties, and shall be interpreted as, a 

license to use the designated Space, and shall under no circumstances be deemed or construed as a 

lease of real property, nor shall the relationship between the parties, as to the designated Space, be 

deemed that of landlord and tenant. This Permit is not a contract and does not give, assign, or 

otherwise transfer from the County to the Company any interest in real property, but is a mere 

license, revocable at the will of the County. 

8 

HCDA-000033 
WITNESS the signatures of the parties as of the date first written above. 

ATTEST: 

~1j\1AQ./ 

ATTEST: EXECUTIVE HELICOPTERS, INC. (!Jp,:t:::.M4 By: ~~'~ Its: v-es?Ja...,*-

9 

HCDA·000034 
Instrument#: 4, . ;000056269, ~EED BK: 

3736 PG: 6 DOCTYPE: 010 05123/2014 at 

04:15:48 PM, 1 OF 26 BALLERY V. 

SKIPPER, HORRY COUNTY, SC 

REGISTRAR OF DEEDS 

STATE OF SOUTH CAROLINA) 

) 

LESSOR OF HORRY ) 

LEASE AGREEMENT 

THIS LEASE AGREEMENT, made and entered into this 1

st day of -,M'-!.Cf/,-'('--~~_ 

20~, by and between HORRY COUNTY, a political subdivision organized and existing 

under the laws of the State of South Carolina ("Lessor") and Executive Helicopter, Inc. a business 

entity organized and existing under the laws of the State of South Carolina ("Lessee"). 

WITNESSETH: 

WHEREAS, Lessor has the right to lease certain property at the Grand Strand Airport (CRE) for 

WHEREAS, The Lessee is desirous of leasing space in a building at CRE labeled Hangar # 1 0, 

approximately 2,560 square feet, together with office space and aircraft parking areas limited to 

one (1) aircraft parking position inside of the hangar; and 

NOW, THEREFORE, for and in consideration of the premises and mutual covenants contained 

herein, Lessor and Lessee agree as follows: 

ARTICLE I - PREMISES 

A. Premises. 

Lessor hereby leases to Lessee portions of CRE buildings as follows: 

Approximately 2,560 square feet of the buildings identified as Hangar # 10, 

including approximately 1,560 square feet of office space and 

approximately 1,000 square feet of parking for (1) aircraft located at CRE 

Airport and attached hereto as Exhibit "A," incorporated herein by reference 

("Premises"). 

B. ACCEPTANCE OF PREMISES. Lessee accepts the premises in their "as-is" condition 

and County has no obligation to improve, repair, restore, or alter the premises. Lessee 

acknowledges that neither County nor any agent, employee, director or official of County has made 

Paget 

HCDA·000035 
any representation or warranty, except as otherwise expressly provided in this Lease, with respect 

to the building (including the premises) including, without limitation, any representation or 

warranty with respect to the suitability or fitness of the building or any portion for the conduct of 

lessee's business. Lessee acknowledges that it has been informed that the building in which the 

Premises are located may not be compliant with the Americans with Disabilities Act [the Act], and 

accepts the Premises in that condition. Lessee acknowledges that it is responsible for compliance 

with any requirements that may be imposed under the Act for Lessee's anticipated use of the 

premises. Lessee agrees to indemnify and hold harmless Lessor from any and all claims arising 

from any failure to comply with the Act, and agrees to notity Lessor of any modifications or 

accommodations that Lessee undertakes in order to comply with the Act 

C. DISCLAIMER OF WARRANTIES. Lessee represents that the Lessee has inspected the 

Premises and agrees to accept the Premises in an "as is" condition. LESSOR DISCLAIMS ALL 

EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THE PREMISES, 

INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR 

FITNESS FORA PARTICULAR PURPOSE. 

D. Covenants and Deed Restrictions. The Premises are leased to Lessee subject to all 

covenants, conditions, restrictions, requirements, easements, rights-of-way, reservations, rights, 

agreements and encumbrances set fOlth in the deed or deeds which evidence conveyance of the 

premises or any portion thereof. Lessee agrees to abide by andlor comply with each and every 

covenant, condition, restriction, requirement, easement, right-of-way, reservation, right, agreement 

and encumbrance that may be contained in the deed or deeds referenced. Lessee agrees to abide by 

and comply with each and every covenant, restriction, and requirement that may be contained in 

the deed or deeds pertaining to the Premises, 

ARTICLE II - TERM AND RENEWAL OPTION 

A. Term. The term of this Agreement shall commence August I, 2014, subject to approval by 

the Harry County Council, and full execution hereof, and shall continue in force and effect for a 

period of six (6) months terminating January 31, 2015, unless sooner terminated by operation of 

any clause contained herein. Upon expiration of the initial term, at the discretion of the Lessor, 

Lessee may hold over on a month-to-month basis. Such holding over, however, shall not be 

HCDA-000036 
construed to renew this Lease Agreement for any further term but may be terminated by Lessor or 

Lessee upon thirty (30) days written notice; all other terms and conditions provided herein shall 

remain in full force and effect to any such hold over tenancy. 

ARTICLE III - USE OF PREMISES 

A. Use. Lessee shall comply with all local, state and federal laws, rules, regulations 

and ordinances that are or may become applicable to its activities under this Lease, including, 

without limitation, all applicable zoning, parking, signage, and other ordinances and the height and 

lighting requirements of the Federal Aviation Administration ("FAA"). 

Lessee shall have the non-exclusive right and obligation to use the Premises for the 

operation of the Lessee's business consisting of "helicopter tour operations." Lessee shall have the 

right to perfonn aviation activities related to the maintenance, repair, and operation of its owned 

aircraft for conducting its business at the airport. Use of the Premises for any other purposes shall 

not be permitted unless agreed to in writing, in advance of such use, by the Lessor. Lessee shall 

not undertake any operation on the site that will cause a nuisance to (including noise andlor dust) 

or interfere with lawful activity on adjacent properties. 

With regard to parking, only vehicles operated by Lessee's employees or staff based at 

CRE, who are employed directly by the Lessee and have been approved by the Director of 

Airports are permitted to park on the interior of the security fence (i.e. on the ramp). Lessee is 

limited to two (2) employee vehicles on Airport property at one time and must park adjacent the 

Premises described in this Agreement. Vehicles are not permitted to park overnight without the 

prior approval from Director of Airports or a representative designated by the Director of Airports. 

Lessee is prohibited from and shall not provide aircraft fueling or defueling services 

except as follows: 

(I) As to aircraft owned by Lessee to the extent permitted by the FAA, this Lease and 

Lessor's standards, as may be amended from time to time, which are incorporated herein by 

reference; and 

(2) As to defueling of aircraft owned by Lessee as necessary to accomplish 

maintenance of the aircraft, Lessee may defuel the aircraft, store the fuel in strict accordance with 

-----~-~------------------------------ Page 3 -------------------- -----------~---

HCDA-000037 
all applicable codes, rules and regulations, and reinstall the fuel into the aircraft from which it is 

taken in compliance with Lessor's standards; 

Lessee shall control all current and future lighting installed on the Premises by Lessee as to 

prevent illumination from being a hazard to pilots landing on, taking off from or taxiing on the 

airport. The determination of hazard shall rest solely with the judgment of the Lessor. 

No use shall be made or permitted to be made to the Premises, or acts done, which will 

cause a cancellation of any insurance policy covering the Premises, nor shall Lessee keep or permit 

to be kept in, on or about the Premises any materials which may be prohibited by the standard 

form fire insurance policy covering such Premises. Lessee shall commit no nuisance in, on or 

about the Premises, or permit or suffer any nuisance to be committed. 

Coin operated amusement devices shall not be placed or used upon the Premises without 

Lessor's prior written permission. Machines for vending candy, confections, beverages, light 

refreshments or convenience items for the use and convenience of Lessee's employees are 

permitted on the Premises. 

Company will abide by all HCDA rules, policies, and procedures for Grand Strand Airport 

(CRE), as may be adopted or amended from time to time 

B. Quiet Enjoyment. Lessee shall be entitled to the quiet enjoyment of the leased 

Premises provided that Lessee remains in compliance with all the terms and conditions of this 

Lease, and does not interfere with the rights of any ofthe other tenants or users of the Airport. 

C. Efficient Use of Space. Lessee and Lessor agree that efficient use of the Premises 

is a common goal, to include use of the Premises in part to provide "helicopter tour" operations. 

Lessee and Lessor therefore agree that Lessor has the right to inquire of Lessee as to Lessee's past 

and planned utilization of Airport facilities, including those facilities that comprise the Premises. 

Lessee and Lessor agree that, should Lessee's utilization of the Premises allotted to it herein, or as 

this Lease Agreement may be amended at a future date, reasonably be deemed as insufficient 

utilization of the facilities, Lessor may require Lessee to submit a written plan, within fourteen (14) 

calendar days of its written request to Lessee to do so, detailing Lessee's plan to cure such 

deficiency and to utilize the Premises properly and efficiently. Such option on the part of Lessor 

------------ Page 4 

HCDA-000038 
will not be exercised more often than once every six (6) months. Upon receipt, Lessor will review 

the plan and may either approve the plan or exercise its rights under Article XV, below. 

ARTICLE IV-RENTAL 

A. Base Rental Rate. Lessee shall pay to Lessor a semi-annual base rent in the 

amount of One thousand Nine Hundred Sixty-Eight and no/lOO ($1,968.00) Dollars, due and 

payable in six (6) equal monthly installments $328.00 dollars. Lessee shall pay said amounts 

without demand, and without set-off or deduction, in advance on or before the first day of each 

month during the term hereof and any hold over period. In the event this Lease commences on or 

terminates on other than the last day of any particular month, the Base Rent shall be prorated. 

Lessee shall receive no rental credit for any improvements made to the Premises. 

B. Utility Fee. Lessee agrees to pay Lessor One Hundred Fifty and Noll 00 

($150.00) Dollars per month on the first day of every month of the lease year for utilities of water, 

gas and electric. If the actual costs of providing utilities charged to Lessee are more than the Utility 

Fee provided herein, the Utility Fee shall be increased by a corresponding amount. This payment 

is in addition to the base rent and can be increased by Lessor with thirty day written notice to 

Lessee. 

C. Late Payment InterestlPenalties/Collection. Any Base Rent payment, any 

percentage rental payment, or payment of any other fee or charge set forth in this Agreement not 

received by the Lessor within ten (10) days of the date due shall be subject to a monthly fee of one 

and one-half (1 It, % ) percent per month or portion thereof on the entire balance due, including 

any previously accrued late payment I interest charges; Lessor reserves the right to impose an 

additional reasonable charge on any payments not made by the due date to recoup its costs 

associated with administering such overdue account. In the event that collection efforts are 

required, Lessee shall reimburse Lessor for all costs, fees and charges incurred as a result of said 

efforts including attorneys' fees and costs. To the extent that any late charge provided for 

hereunder is determined to constitute interest, in no event shall such late charges, plus any other 

interest due on sums owed to Lessor hereunder, ever exceed the maximum interest rate permitted 

by law, and in the event such amount should exceed the maximum rate, then the amount owed to 

Lessor shall automatically be reduced to equal the maximum amount permitted by law. 

PageS 

HCDA·000039 
D. Gross Sales Percentage Fee. For each month during the term hereof and in 

addition to the monthly Base Rent, Lessee shall pay Lessor, as additional fee, a monthly 

adjustment amount which shall be the difference, if any, between the monthly Base Rent during 

said month and ten (10%) percent of the gross sales during each such occupancy month, whichever 

is greater. Gross sales include, without limitation, the gross selling price of all merchandise, 

services, concessions, or privileges that occur in whole or in part, on the Premises, or as a result of 

activities on or associated with the Premises, during the term of this Lease including the gross 

charges of all services to customers or patrons performed by Lessee or any other person, entity, 

firm or corporation, in, upon, or through any part of the Premises during the term of this Lease and 

all sales/services that are subject to the South Carolina amusement, sales, use or excise tax set forth 

in Title 12 of the South Carolina Code of Laws, 1976, as amended. Notwithstanding anything 

herein to the contrary, gross sales shall not include the amount of any amusement, sales, use or 

excise taxes paid by Lessee during such term of this Lease. 

Payment of Base Rent and Gross Sales Percentage Fee. The Fee shall be paid in said amounts 

without set-off or deduction, in advance and without demand on or before the tirst day of each 

month during the term hereof from and after the Commencement Date. The Gross Sales 

Percentage Fee, if due, shall be paid within ten (10) days of each month following a calendar 

month occurring from and after the Commencement Date through the expiration or termination of 

this Lease, at which time Lessee shall provide Lessor, without demand, a statement of Gross 

Receipts for the prior calendar month together with the amount, if any, by which the Gross Sales 

Percentage Fee due for the previous calendar month exceeds theBase Rent. 

E. Books of Account and Auditing. Lessee shall keep true and complete records and 

accounts of all Gross Revenue. All such records and accounts shall be made available to Lessor 

upon ten days prior notice to Lessee. All receipt forms used by Lessee in its operations shall be 

pre-numbered and Lessee shall maintain records and controls insuring that the forms accurately 

reflect all Gross Revenue of Lessee from its operation. Within ninety (90) days after the end of 

each term, Lessee, at its own expense, shall furnish a true and accurate statement for the preceding 

term of all such Gross Revenue during such preceding term (showing authorized deductions or 

exclusions made in computing the amount of such Gross Revenue), which statement shall be 

Page 6 

HCDA·000040 
certified to be correct by an Independent Certified Public Accountant. Lessee agrees to give the 

Lessor access during reasonable hours for inspection of Lessee's books and records, and Lessee 

agrees it will keep and preserve for at three (3) years all receipt forms and other evidence of Gross 

Revenue for such period. The Lessor shall have the right at any time and from time to time to audit 

all of Lessee's records relating to business transacted at the Airport including, but not limited to, 

Gross Revenue, and the Lessee, upon request, shall make all such information available for such 

examination at the Premises. If, as a result of such audit, it is established that Lessee or any 

licensee or franchisee of Lessee has understated Gross Revenue or business transacted for any year 

by two percent (2%) or more (after the deductions and exclusions provided for herein), the entire 

expense of said audit shall be borne by Lessee. Any additional Percentage Fees due as a result of 

such audit shall forthwith be paid by Lessee to Lessor with interest thereon at the rate of eighteen 

percent (18%) per annum from the end of the month in which the discrepancy occurred. 

F. Required Reports. Lessee agrees to submit, monthly and without demand, such statistical 

information concerning Lessee's gross sales at the Premises as stipulated in this agreement and as 

Lessor may, from time to time, require. 

ARTICLE V - IMPROVEMENTS/ALTERATIONS 

A. Prior Approval Required. Lessee shall have the right, at its sole expense, to 

construct, improve, modify and make additions to the facilities leased to Lessee. However, prior to 

any construction, improvements, modifications or additions to the Premises, Lessee must first 

obtain from Lessor's Department of Airports prior written approval of such construction, 

improvement, modification or addition, and all plans, designs, and specifications associated 

therewith. All construction and improvements undertaken by Lessee must be made in accordance 

with all applicable statutes, ordinances, rules, regulations, laws, and building codes, and must be 

completed in a good, substantial, and workmanlike manner without damage to or interference with 

existing facilities or operations. Written confirmation of compliance with all such applicable 

statutes, ordinances, rules, regulations, laws, and building codes shall be submitted by the Lessee 

to Lessor's Department of Airports simultaneously with or prior to requesting the Department's 

review of final proposed construction plans and specifications 

Upon the approval of such construction, plans and specifications by Lessor, Lessee shall 

within ninety (90) days thereafter commence construction, at its sole expense, and shall diligently 

Page 7 

HCDA·000041 
prosecute such construction to its completion, in accordance with such plans and specifications. 

Lessee shall further furnish Lessor with a good and sufficient Surety Bond (in a form and issued 

by a Lessee acceptable to Lessor) insuring the completion of the work and the payment of all bills 

in connection therewith. 

B. Quality of Work. All improvements and alterations to the Premises must be 

performed by qualified contractors who are fully licensed to perform work of the kind proposed, 

and who are bonded and insured in compliance with the Lessor's policies applicable to the 

procurement of construction services for Lessor's benefit, and shall be constructed in accordance 

with all applicable building codes, laws and regnlations and in a good, substantial, and 

workmanlike manner. All materials used in any improvements by Lessee shall be of appropriate 

quality and grade for the use to which they are employed. 

C. Protection of Utility Lines and Eqnipment. All work undertaken pursuant to the 

authority granted within this Article V shall be subject to the condition that Lessee makes, at its 

expense, suitable arrangements for relocation of any affected governmental or Lessor's / other 

tenant's utility lines, cables or other equipment. Further, Lessee shall not pave roads or ramps over 

said utility lines, cables or equipment without the prior written approval of Lessor / tenant. 

D. Title to Improvements, Alterations and Repairs. All improvements made to 

the Premises 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, at which time the 

said improvements shall, at the sole discretion and determination of Lessor, become the sole 

property of Lessor in their entirety. Should Lessor determine that it will not take possession of said 

improvements at the expiration or termination of this Lease, Lessee shall completely remove 

within 30 calendar days after the expiration / termination all such improvements from the airport 

and restore the Premises to its original condition and to the satisfaction of Lessor. 

E. Trade Fixtures, Machinery and Equipment. If Lessee is not then in default 

of any provisions of this Lease, Lessee shall have the duty to remove from the Premises 

immediately before the expiration of the term, or within ten (10) days after the expiration of the 

term, any alterations, fixtures, machinery and equipment Lessee has on the Premises, as long as the 

removal will not cause structural damage to the Premises, and Lessee, at its cost, promptly restores 

any damage caused by the removal and restores the Premises to its prior condition as set forth 

below. 

HCDA·000042 
F. Obligations of Lessor. Lessor is not obligated to provide any improvements under 

this Agreement. 

ARTICLE Vl- MAINTENANCE 

Lessee shall, throughout the term of this Agreement, at Lessee's own cost and expense, and 

without any expense to Lessor, promptly keep and maintain the Premises, all improvements 

thereon, and the surrounding area in a sanitary and neat order, and in good repair, and shall be 

solely and exclusively responsible for keeping and maintaining all non-structural elements of the 

Premises, including plumbing, HV AC, doors and their respective operating mechanisms, but 

excluding the roof and load-bearing members of the building, in good repair, all of which shall be 

maintained in a condition at least equal to the condition of the Premises upon the execution of this 

Lease Agreement, reasonable wear and tear excepted. Under no circumstances shall the hangar 

doors of the operating mechanisms for the doors constitute a structural component of the 

building. Lessee shall be solely and exclusively responsible for maintaining all doors, including 

the aircraft hangar doors, and their respective operating mechanisms in good repair. Lessor 

undertakes no responsibility to keep safe or protect the personal property of Lessee or to protect 

Lessee from casualty to the Premises. All repairs, replacements and renewals shall be equal or 

better in quality and class to the original work. Should Lessee fail to make required repairs or 

maintenance, Lessor, in its discretion, may contract with an independent contractor it deems 

competent to fulfill Lessee's duties under this Article; however, Lessor shall have no duty to begin 

such repairs or maintenance until such time as Lessee makes arrangements satisfactory to Lessor 

for payment of said repairs or maintenance. Lessor shall be under no obligation to inspect or 

make any inspections in order to determine when repairs or maintenance are necessary. Lessee 

shall notify Lessor in writing when any repairs or maintenance to the structural components are 

required. Lessor undertakes no responsibility to keep safe or protect the personal property of 

Lessee or to protect Lessee from business interruption in the event of building leak or other 

casualty to the Premises. Lessee shall obtain Lessee's own personal property insurance, business 

interruption insurance, liability insurance for liability to persons coming onto the Premises and 

insurance for other consequential damages Lessee might suffer from its occupancy of the 

Premises. Lessor shall not obtain insurance to cover Lessee for any losses or claims. In the event 

.. ~ .... Page 9 

HCDA·000043 
of major damages to the Premises, Lessor shall, at its sale discretion, have the option of replacing 

the Premises in their entirety, moving Lessee to a suitable location elsewhere on its property, or 

terminating this Agreement. 

ARTICLE VII - UTILITIES 

Lessor shall supply access to water, natural gas and electricity to the extent and capacity 

of the currently existing mains, lines, transfonners, and panels. To the extent Lessee requires 

services in excess of those normally provided by Lessor as contemplated and included in the 

Utility Fee set forth in Article IV (B) above, Lessee shall be solely responsible for the payment of 

all such services, including any charges for additional utilities, telephone, trash removal, 

hazardous waste removal, and other services used by Lessee in or on the Premises, to include 

hook-up fees, advance deposits, or other such costs. Any accounts maintained for such additional 

services shall be maintained solely in the name of Lessee. Any such additional services to be 

provided on Airport property must be approved by the Director of Airports, which approval may 

be withdrawn at any time for any reason. 

ARTICLE VIII-TAXES, 

FEES, ASSESSMENTS 

All taxes or governmentally imposed fees or assessments in any way incurred upon the 

Premise, any improvements thereon or part thereof, or by virtue of Lessee's occupancy or use 

thereof, shall be borne solely by Lessee. Without any manner limiting this paragraph, Lessee shall 

absorb all sales taxes, if any, assessed or levied on account of any monies payable by Lessee to 

Lessor hereunder. 

ARTICLE IX - LIENS AND MORTGAGES 

Lessee shall keep the Premises and all personal property of Lessor therein or thereon free 

and clear of liens of any kind, whether such liens are valid or invalid. Lessee shall defend, 

indemnify and save Lessor harmless against all costs, expenses, loss, loss of use, damages, and 

HCDA-000044 
attorney's fees resulting from the filing of liens against the Premises by any person. 

If any liens are filed as described herein, Lessee shall immediately begin remedial actions 

to remove said lien. If, after thirty (30) days, Lessee has not caused the lien's removal from the 

Premises, Lessor may take whatever action it deems necessary to defend its title to the Premises. 

This remedy shall be in addition to any other remedies specified elsewhere herein. 

Lessee shall not cause a mortgage or other like security interest to be placed upon the 

Premises. 

ARTICLE X - ASSIGNMENT, ASSUMPTION OR SUBLETTING OF LEASE 

Lessee shall not assign, permit the assumption of or in any manner transfer any interest in 

this Agreement, or any part thereof, without the prior written consent of the Lessor. Lessee shall 

not sublease all or any part of the Premises. 

If Lessee assigns, permits the assumption of or in any manner attempts a transfer of its 

interest in this Agreement without the prior written consent of the Lessor, Lessor, at its sale 

discretion, may declare this entire Agreement null and void. If Lessor declares this Agreement null 

and void as a result of the acts described herein, Lessee shall immediately cease all activity in or 

on the Premises and vacate the Premises within ten (10) days of notice of Lessor's intention. 

If this lease or any interest of Lessee therein be assigned after having obtained Lessor's 

prior written consent thereto, Lessee shall nevertheless remain fully liable for the full performance 

of all obligations under this lease to be performed by Lessee and Lessee shall not be released 

therefrom in any manner. 

ARTICLE XI - CHANGE IN OWNERSHIP 

CONTROL/MANAGEMENT OF LESSEE 

Lessee specifically acknowledges that Lessor leases the Premises to Lessee on the basis, 

among other factors, of the Lessee's current management, control and ownership. Lessee 

Page 11 

HCDA-000045 
specifically acknowledges that Lessor reserves the right to approve or disapprove, at Lessor's sale 

discretion, any significant change in management structure or ownership. This includes, without 

limitation, contracting for management services, sale of stock, and acquisition of a controlling 

interest in Lessee by any party other than the parties currently in control. Lessor also specifically 

reserves the right and Lessee specifically grants the right of Lessor to approve or disapprove, at 

Lessor's sole discretion, any change of the form of Lessee's existence as a business entity. Any 

change of Lessee in any manner described in this Article without the prior written approval of 

Lessor shall be an event of default. The Lessor, at its sole discretion, may pursue any rights or 

remedies available to it under the terms of this Agreement. 

ARTICLE XII - INDEMNITY 

A. Indemnification and Hold Harmless. Lessee shall protect, indemnify, defend 

(with counsel. satisfactory to Lessor) and hold Lessor and Lessor's council members, directors, 

officers, committees, employees and agents completely harmless from and against any and all 

liabilities, losses, suits, claims, judgments, fines, or demands arising by reason of injury or death of 

any person or damage to any property, (including, but not limited to, attorney fees, court costs, and 

expert fees), of any nature whatsoever, arising out of or incidental to this Agreement, the use or 

occupancy of the Premises, or the actions and/or omissions of Lessee's directors, officers, 

committees, agents, employees, contractors, subcontractors or licensees; however, the above 

indemnity shall not apply to any injury, death or damage caused by the sole negligence of Lessor. 

Lessee shall give reasonable notice of any such claims or actions. The provisions of this section 

sball survive the expiration or early termination (including default) of this Agreement. 

B. Environmental Indemnification. Lessee shall also indemnify, defend (with 

cOllnsel satisfactory; to Lessor), and bold Lessor, its council members, officers, employees, 

agents, assigns, and any successors to Lessor's interest in the leased Premises, barmless from and 

against any and all loss, cost, damage, expense, claim, cause of action, judgment, penalty, fine or 

liability, directly or indirectly, relating to or arising from the use, storage, release, discharge, 

handling or presence of Hazardous Materials on, under, or about tbe leased Premises or the 

Airport in violation of Lessee's obligations under this Agreement ("Hazardous Materials 

Release"). This indemnification sball include, without limitation, (a) personal injury claims, (b) 

the payment of Liens, (c) diminution in the value of the leased Premises or Airport, (d) damages 

..................................... ........... ---.------.-.----. Page 12 

HCDA-000046 
for the loss or restriction on use of the leased Premises or the Airport, (e) sums paid in settlement 

of claims, (f) actual attorneys' fees, consulting fees, court costs, and expert fees, (g) the cost of 

any investigation of site conditions, (h) the cost of any repair, cleanup, remedial, removal, or 

restoration work or detoxification if required by any Governmental Authorities or deemed 

necessary in Lessor's reasonable judgment, (i) and any fines associated with Lessee's activities. 

Lessor shall have the right but not the obligation to join and participate in, and control, if it so 

elects, any legal proceedings or action initiated in connection with the Hazardous Material 

Release. Lessor may also negotiate, defend, approve, and appeal any action taken or issued by any 

applicable Governmental Authorities with regard to a Hazardous Materials Release. Any costs or 

expenses incurred by Lessor for which Lessee is responsible under this Paragraph or this 

Agreement and has indemnified Lessor, (i) shall be paid to Lessor on demand, during the term of 

this Agreement as additional rent; and (ii) from and after the expiration or earlier termination of 

the Agreement shall be reimbursed by Lessee on demand. Lessee's obligations pursuant to the 

foregoing indemnity shall survive the expiration or termination of this Agreement and shall bind 

Lessee's successors and assignees and inure to the benefit of Lessor's successors and assigns. 

C. Regulatory Indemnification. Lessee shall also indemnify, defend (with counsel 

satisfactory to Lessor), and hold Lessor, its council members, officers, employees, agents, assigns, 

and any successors to Lessor's interest in the leased Premises, harmless from and against any and 

all loss, cost, damage, expense, claim, cause of action, judgment, penalty, fine or liability, directly 

or indirectly, relating to or arising from violation by Lessee, its agents, contractors, or anyone 

affiliated with Lessee of any local, state or federal laws, rules, regulations or ordinances that are or 

may become applicable to its activities under this Lease, including, but not limited to, any and all 

requirements of the Federal Aviation Administration ("FAA'). 

ARTICLE XIII - INSURANCE 

Lessee shall, at its sole cost, purchase and keep in force at all times during the term hereof, 

a policy or policies of insurance, issued by an insurance company of generally recognized 

responsibility and licensed to do business in the State of South Carolina, insuring Lessee against 

all liability for property damage, environmental liability, and personal injury (including death) 

arising or alleged to arise out of any activity of failure to act of Lessee on, about, or with respect 

to, the Premises. Lessor shall be named in all insurance policies of the Lessee as an additional 

insured. Lessee shall provide Lessor with a certified copy of all policies of insurance required under 

~~-----~--~-~~~---- Page 13-~ 

HCDA-000047 
this Agreement. Said policy or policies shall also contain a contractual liability endorsement 

expressly naming Lessor as an additional insured on this policy. 

The combined single limit of liability of the aforesaid policy or policies shall not be less 

than Two Million and No/IOO ($2,000,000.00) Dollars. Lessor reserves the right to adjust these 

limits from time to time, at Lessor's sole discretion, to adequately protect its interests. Lessor 

further reserves the right to reject, at any time, any insurance Lessee selected by Lessee. Upon 

written notification, Lessee will immediately obtain a replacement policy or policies with an 

insurance Lessee satisfactory to Lessor. 

Lessee, unless otherwise exempt, shall purchase at its own cost, worker's compensation 

insurance on all of its employees. Lessee's workers compensation insurance shall meet the 

requirements of the South Carolina Workers Compensation Commission and the South Carolina 

Department of Insurance. 

Lessee shall purchase, at its own cost, casualty insurance covering all of Lessee's or 

Lessee's customers' personal property to be located on the Premises, regardless of the length of 

time said property is to be located on the Premises. Lessee shall also purchase, at its own cost and 

in its sole discretion, such business interruption or other insurance to protect Lessee's interests in 

the event of major or minor damage or disaster to the leased Premises. 

Lessee shall purchase, at its own expense, an environmental andlor pollution legal liability 

insurance policy. The minimum acceptable coverage of this policy shall be One Million and 

NolIOO ($1,000,000.00) Dollars. Lessor shall be named as an additional insured on this policy. 

For all policies of insurance specified in this Article XIII, Lessee shall provide evidence 

thereof in the form of a certificate of insurance showing the name of the entity providing such 

coverage, the extents of such coverage, the identification of Lessor as an additional named insured 

thereon, and an express assurance that Lessor shall be given at least thirty days written notiqe prior 

to any cancellation of such policy or any material alteration of terms of coverage. 

ARTICLE XIV - ENTRY OF LESSORIRIGHT OF INSPECTION 

Lessor may, but does not have the obligation to, at all reasonable times, enter the Premises 

Page 14··-----·---··---

HCDA-000048 
to inspect or protect the Premises; effect compliance with any law, order or regulation of any 

lawful authority or with the provisions of this Agreement; exhibit the Premises to prospective 

tenants, purchasers or other persons; make repairs required of Lessor in Article VI; alter or 

otherwise prepare the Premises for re-occupancy at any time after Lessee has vacated the Premises. 

ARTICLE XV -DEFAULT 

A. Event of Default. Occurrence of any of the following events ("Event(s)" or "Event 

of Default") shall be sufficient for Lessor to deem Lessee in default of its obligations under this 

Agreement: 

I. Failure in the payment, without notice or demand, of any fees or other 

charges due to Lessor under this Agreement and continuance of such failure in payment 

for a period often (10) days thereafter. 

2. Failure in the performance or breach of any other covenant, obligation or 

duty imposed by this Agreement by Lessee (other than the payment of fees or other 

charges due Lessor) and the continuance of such failure in the performance or breach for 

a period of thirty (30) days after Lessor has given Lessee written notice of such failure in 

the performance or breach. 

3. Filing by Lessee of a voluntary petition in bankruptcy or the voluntary 

assignment of all or substantially all of Lessee's assets for the benefit of Lessee's 

creditors or Lessee is adjudicated bankrupt in an involuntary proceeding in bankruptcy. 

4. Failure to utilize the Premises for its intended uses at a reasonable level, 

after receipt of written notice, and continuance of such failure for a period of thirty (30) 

days thereafter. 

B. Remedies Upon Default. Upon an event of default and after the passage of the 

notice period set forth herein (if required), Lessor, at its sole option, may terminate this Agreement. 

Upon such termination, Lessee will quit the Premises and surrender possession to Lessor, but 

Lessee will remain liable for any unpaid rent and other unpaid obligations and lost rentals under 

this Lease. 

C. Waiver. No waiver by Lessor of default by Lessee in performance of any term or 

HCDA·000049 
terms of this agreement shall be construed to be a waiver of any subsequent default. The 

acceptance of rent or the performance of all or any part of this Lease Agreement by Lessor, for or 

during any period or periods after a default in performance by Lessee, shall not be deemed a 

waiver of any right on the part of Lessor to declare a default or terminate this Lease Agreement for 

a subsequent breach thereof. 

D. Termination of Agreement. In the event Lessor shall terminate this agreement or 

Lessee's right to possession or occupancy of the leased premises as provided herein, Lessee shall 

promptly vacate the premises, surrender and deliver possession thereof to Lessor, and at its sole 

expense remove from the leased premises within ninety (90) days all signs, trade fixtures, 

furnishings, personal property, equipment, and materials which Lessee was permitted to install and 

maintain under the rights granted herein. Any of Lessee's property not removed within ninety (90) 

days shall become Lessor property. 

ARTICLE XVI - NOTICE 

Any request, demand, authorization, direction, notice, consent or waiver provided, required 

or permitted to be made upon, given by or furnished to Lessor or Lessee shall be sufficient for 

every purpose hereunder if in writing and mailed by United States Mail, certified or registered 

mail, postage prepaid, and addressed as follows: 

TO LESSOR AT: 

Horry Department of Airports 

Attn: Director of Airports 

1100 JetpOli Road 

Myrtle Beach, SC 29577 

With a copy to: 

Horry County Attorney's Office 

130 I Second A venue 

Conway, SC 29526 

TO LESSEE AT: 

Executive Helicopters, Inc. 

HCDA·000050 
CIO Mr. Jeremv Bass 

3231 Victory Street 

U .. ~l~ Beach, SC 29577 

Either party from time to time may change its address by written notice to the other 

party. Notices hereunder shall be deemed effective when delivered by hand delivery or 

overnight conrier with retnrn receipt, or upon receipt or three davs after deposit in the 

United States mail. certified or registered mail, return receipt requested, whichever occurs 

sooner. 

ARTICLE XVll- SURRENDER OF POSSESSION 

Lessee shall yield and deliver possession of the Premises to Lessor at the expiration or 

earlier termination of this Agreement, including the expiration or termination of any renewal or 

extension of this Agreement, "broom clean" and in good condition, except for reasonable, ordinary 

wear and tear, except for the effects of fire or other casualty not the fault of Lessee. 

ARTICLE XVIII - LESSOR'S RIGHT TO RECAPTURE PREMISES 

Lessor shall have the right to recover the use of the Premises, or any portion thereof, 

during the term of this Agreement or any renewal with thirty (30) day written notice by Lessor to 

Lessee. Upon exercise of these recapture rights, Lessor shall relocate Lessee to a comparable 

facility or facilities, if any such are available, at the Grand Strand Airport. 

ARTICLE XIX - DAMAGE TO PREMISES 

If all or any portion of the Premises required to be maintained by Lessee shall be partially 

damaged by fire or other casualty through no fault of Lessee, but not rendered unusable in Lessor's 

sole opinion, the Lessee shall repair the damage with due diligence at Lessee's expense and there 

will be no abatement of rent. However, if Lessee elects not to effect repairs, Lessee shall 

immediately vacate the Premises and this Lease Agreement will be declared terminated. 

If all or any portion of the Premises required to be maintained by Lessor shall be damaged 

Page 17 

HCDA·000051 
by fire or other casualty, but the damage can be repaired in less than sixty (60) days from the date 

of the beginning of the repairs in Lessor's sole opinion, Lessor may, in its discretion, proceed with 

the repairs with due diligence, at Lessor's expense, and the rental will be equitably adjusted or 

abated until the damage has been repaired, if the damage resulted from no fault of Lessee. 

In the event the Premises or a substantial part thereof, through no fault of Lessee, is 

completely destroyed by fire or other casualty or so damaged that repairs could not be completed, 

in Lessor's sole opinion, within sixty (60) days from the date of the beginning of the repairs, then, 

at the option of Lessor, either: (I) said Premises shall be repaired or reconstructed with due 

diligence by Lessor at Lessor's expense and the rental shall be equitably adjusted or abated during 

the reconstruction; or (2) Lessor shall give the Lessee notice terminating this Agreement without 

further obligation to Lessee. Lessor shall make the election under this Article within ninety (90) 

days of the fire or other casualty causing the damage or destruction. Lessee shall be responsible for 

damages and cost of repairs or reconstruction that result from fire or casualty resulting from 

Lessee's, or Lessee's employees', suppliers', or invitees' negligent or willful conduct. 

Lessor and Lessee agree to each obtain their own casualty insurance as to their own 

property. In the event of casualty, all of Lessor's casualty insurance proceeds shall be paid to 

Lessor.] 

ARTICLE XX - FORCE MAJEURE 

Neither Lessor nor Lessee shall be deemed in violation of this Agreement if either is 

prevented from performing any of its obligations hereunder by reasons of strikes, boycotts, labor 

disputes, embargos, shortages of materials, acts of God, acts of the Public Enemy, acts of superior 

governmental authority, floods, riots, rebellions, acts of sabotage, or other circumstances over 

which the parties have no control; however, this Article shall in no case be construed to excuse 

Lessee from paying Lessor any monies due hereunder. In any case where either party believes this 

PagelS 

HCDA-000052 
Article applies, such party shall promptly give the other party written notice of Force Majeure 

preventing performance. 

ARTICLE XXI - COMPLIANCE WITH LAWS AND REGULATIONS 

Lessee, at Lessee's sole cost and expense, shall observe and obey and shall require its 

employees, suppliers and business invitees to observe and obey all present and future federal, state, 

county, local or Department of Airports laws, statutes, ordinance, codes, rules or regulations 

relating to the use or occupancy of the Premises, relating to the use or occupancy of vehicle 

parking areas, aircraft operations areas and any other areas to which Lessee has access pursuant to 

this Agreement or any activities of Lessee, its employees, suppliers, and invitees undertaken on or 

near any ofthe areas. As used herein, laws, statutes, ordinances, codes, rules or regulations include, 

without limitation, all of the same dealing with any substance that is listed, defined, or regulated as 

a hazardous substance, hazardous water, or otheJwise classified as hazardous or toxic by any of the 

foregoing governmental entities or any agency or department thereof, and includes all of the same 

dealing with asbestos, radon, any polychlorinated biphenyl, urea, formaldehyde foam insulation, 

explosive or radioactive material, motor fuel or other petroleum hydrocarbons, or which causes or 

poses a threat to the environment or to the health or safety of persons on or near the Premises. As 

to disposal of such substances, Lessee will maintain a contract with a licensed and recognized 

waste disposal company that meets the criteria for such companies as they may be changed from 

time to time by the Department of Airports. When requested, Lessee will provide Lessor with a 

written copy of the contract and a current letter from the contractor acknow I edging that the 

contract is in effect. Lessee agrees to indemnify and hold Lessor harmless from any and all 

penalties, losses, liabilities and costs, including attorney's fees, remediation costs, and laboratory 

and investigative costs arising from Lessee's failure to comply with this Section. 

Page 19 

HCDA·000053 
ARTICLE XXII - ENVIRONMENTAL COMPLIANCE 

Lessee agrees that it will comply with all federal, state, county, and local laws, rules, 

regulations and standards that are or may become applicable to its activities under this Lease, and 

it is responsible for obtaining any environmental permits required for its operations under the 

Lease. 

ARTICLE XXIII - GOVERNING LAWS AND VENUE 

This Agreement shall be governed by and construed in accordance with the laws of the 

State of South Carolina. Any cause of action between the parties arising out of or involving this 

Agreement shall be brought in the Court of Common Pleas, or ifapplicahle, Magistrate's Court (or 

any other Court of like or similar name with identical jurisdiction), Fifteenth Judicial Circuit, 

Horry County, South Carolina. 

ARTICLE XXIV - PRIOR AGREEMENTS SUPERSEDED 

Any prior agreements between the parties with respect to the Premises, whether written or 

oral, are superseded by this Agreement and made a nullity. This Agreement constitutes the entire 

agreement of the parties with respect to its subject matter and it may not be modified, amended or 

extended except by a subsequent instrument executed with the same formalities as this Agreement. 

ARTICLE XXV - INVALIDITY 

In the event that any provisions, portions, or applications of any provisions of this 

Agreement are held unenforceable or invalid by any Court of competent jurisdiction, the validity 

and enforceability of the remaining provisions, or portions or applications thereof, shall not be 

affected, and Lessee and Lessor shall promptly negotiate revisions to the affected provisions, or 

portions or applications thereof, with a view to effecting, as close as possible, the original 

HCDA·000054 
intentions ofthe parties. 

ARTICLE XXVI - NON-DISCRIMINATION/TITLE VI 

Lessee for itself, its successors and assigns, as part of the consideration hereof, does 

hereby covenant and agree as a covenant running with the Premises that: 

(I) No person on the grOtmds of race, color, or national origin shall be excluded from 

participation in, denied the benefit of, or otherwise be subjected to discrimination in the use of the 

Premises; 

(2) In the construction of any improvements hereon, over or under such land and the 

furnishing of services thereon, no person on the grounds of race, color, or otherwise be subjected to 

discrimination; 

(3) Lessee shall use the Premises in compliance with all other requirements imposed by 

or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, 

Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the 

Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as 

said regulations may be amended. 

(4) Lessee fmiher agrees that in the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate this Agreement and re-enter and 

repossess said Premises and hold the same as if said Agreement had never been made or issued. 

This provision shall not be effective until the proceedings outlined in Article 49, Code of Federal 

Regulations, Part 21, are followed and completed including exercise or expiration of appeal rights. 

(5) It is agreed and acknowledged that, pursuant to 49 CFR Part 21 Appendix 

C(b)(2)(ii) and 28 CFR 42.405(c) (insert contractor or lessee as appropriate) shall display in its 

public areas signage provided by Airport as required by the FAA stating that discrimination based 

Page 21 

HCDA-000055 
upon race, color or national origin is prohihited. 

ARTICLE xxvn -CAPTIONS AND HEADINGS 

The titles of the Articles in this Agreement are included only as a matter of convenience 

and for reference and in no manner define, limit, broaden, or describe the scope or intent of any of 

the provisions of this Agreement. 

ARTICLE XXIII - WAIVER 

Continued performance by either party pursuant to the terms of this Agreement after a 

default in any of the terms, covenaflts, provisions andlor conditions by the other party, shall not be 

deemed a waiver of any right to terminate this Agreement or pursue any other remedy available at 

law or in equity for the default, and no waiver of any default shall be construed as, or act as, a 

waiver of any subsequent default, of the same, similar or different term, covenant, provision 

andlor condition. 

ARTICLE XXIX - REMEDIES CUMULATIVE 

All Lessor's remedies arising out of this Agreement or provided by statute shall be 

cumulative and no single remedy shall be exclusive of another. The election of one remedy by 

Lessor shall not operate to foreclose any other remedy. 

ARTICLE XXX - SECURITY DEPOSIT 

Lessee shaH place on deposit with Lessor a security fee equal to two month's base rental 

for the facilities. Lessee covenants and agrees that Lessor may use this security fee against any and 

all 

unpaid indebtedness legally owed by Lessee to the Lessor. If Lessor is required to utilize any 

Page 22 

HCDA·000056 
portion ofthis security fee during the term of this Agreement, or any subsequent renewal term, the 

Lessee shall replenish the security fee up to the equivalent of two month's base rental. 

ARTICLE XXXI - EFFECTIVE DATE 

This Agreement shall become effective on the date specified herein below. Lessor and 

Lessee specifically covenant and agree that this Lease shall not become valid until and is entirely 

contingent upon the approval of, by three readings of an ordinance, of the Horry County Council. 

IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day 

and year ascribed herein. 

WITNESSES: FOR LESSOR: 

HORRY COUNTY" 

By: Its: -:-:-r-:---:-:--:----#"-----

WITNESSES: FOR LESSEE: 

EXECUTIVE HELICOPTER, INC. 

Witness#! 

~flLt!C <S 

\IIIIIII/t Its: 

BY'~~~=-------_ ~~ _______ _ ,,\ t'l, 

~ ... ,' \es e I? 1/, ' ..:- 00 .............. 1I6 ''l 

Ti-. ~ .... "Plre~'" '6 ~ _I'-tl _ .:- ••. ... 0 ~ 

Witness #2lNotruy Public --:: _. ! ~otQ,.,~ _..- " -:. 

- i .......... : - -".6. e_ o;. ~l'\·o lIbue l ::: ,. u~ * .. .? ...... ~ 0 .... ..... ~$~20~$ •••• ~ ' .... vj'~ ............. ~O ,.::-

'III Caro\\ \", 

111/11111111\ 

Page 23 

HCDA-000057 
STATE OF SOUTH CAROLINA 

COUNTY OF HORRY 

) 

) 

) 

PROBATE AS TO LESSOR 

PERSONALLY APPEARED BEFORE ME, H. K""""c.!f! \.l" "o~ , and 

made the oath that he or she saw the within named CHilli E<..\)erDl;rt , Horry County 

Administrator, authorized representative of Horry County, as Lessor, sign, seal, and as his act and 

deed deliver the within written LEASE AGREEMENT; and that he or she with the other witnesses 

subscribed hereinabove witnessed the execution thereof. 

I

Sl Witness 

SWORN TO BEFORE ME 

this d,3 day of -=t1~. 2014. 

lw J. ~bt)z:Url",""; '" (L.S.) 

Notary Public for South Carolil 

My Commission Expires: d, -1'0 -19 

Page 24 

HCDA-000058 
STATE OF SOUTH CAROLINA 

COUNTY OF HORRY ) 

) 

) PROBATE AS TO LESSEE 

PERSONALLYAPPEAREDBEFOREME (l,r.e-{CO. bbc ,and 

made the oath that he or she saw the within named ~~, authorized 

representative of Executive Helicopter, INC, as Lessee, sig, , seal, and as h,s act and deed deliver 

the within written LEASE AGREEMENT; and that he or she with the other witnesses subscribed 

hereinabove witnessed the execution thereof. 

1"1 

~$~ Witness 

SWORN TO BEFORE ME 

this :1.0 day of ffi Q~ 

~~l)t:.~ (L.S.) 

,2014. 

Notary Public for South Carolina 

My Commission Expires: .;1. 5". ~ 

Exhibit A 

Page 25 

HCDA-000059 
eRE Hangars #10 

Front of Hangar #10, ramp side entrances to hangar and office space 

Page 26 

fOOr ClJalitY Due lo 

Condition of Origlnat. a~iU~.ry v. s~:'rrtx~i'" f~1f:J~C .-------~----------- --------------------- ---

HCDA-000060 
GRAND STRAND AIRPORT 

SPACE USE PERMIT 

l! ""I'''SOIMR\ Cu 

TIllS SPACE USE PERMIT ("Permit") is made and entered into as of the ~ day of 

~P\1s,,'" &.02013, by and between HORRY COUNTY, SOUTII CAROLINA, ACTING BY 

AND THROUGH ITS DEPARTMENT OF AIRPORTS ("County") and BARNSTORMERS 

AERIAL ADVERTISING ("Company"), a business entity formed and existing under the laws of the 

State of South Carolina, and authorized to do business in Horry County, South Carolina. 

WITNESSETH 

WHEREAS, County is the operator of the Grand Strand Airport ("Airport"); and 

WHEREAS, Company desires to occupy and use space in Hangars #8 & #9 plus sis (6) aircraft 

parking spots directly in front of subject hangars located on Grand Strand Airport property, to conduct 

its "Banner Towing Operations" business; and 

WHEREAS, County is willing to permit Company to occupy and use space in Hangars #8 & #9 plus 

six (6) aircraft parking spots directly in front of subject hangars at the Grand Strand Airport, subject to 

the restrictions and terms provided herein: 

NOW, THEREFORE, County and Company agree as follows: 

I. Space Use. County hereby permits Company to occupy and use Hangars #8 & #9 plus six (6) 

aircraft parking spots directly in front of subject hangars, together with any surrounding 

curtilage and parking ("Space") to be utilized for Compaoy's "Banner Towing Operations" 

business. 

2. Term. The term of this Permit shall commence on August 1, 2013, and it shall continue in 

force aod effect until January 31, 2014, but no longer than, six (6) months from the date of 

commencement unless otherwise earlier terminated. Prior to actual physical occupancy of 

Space by Compaoy, either party may terminate this Permit for any reason upon the giving at 

least thirty (30) days written notice to the other party. After actual physical occupaocy of the 

Space by Company, either party may terminate this Permit for any reason by giving at least 

thirty (30) days written notice to the other party. Any act of default hereunder, including 

without limitation failure to pay fees when due, shall terminate any right; license or permission 

for use of Space immediately upon event of default. This Permit shall not be renewed or 

extended, nor shall aoother such Permit be entered into between the same parties within 

twelve (12) months from the date of expiration ofthis Permit, without prior approval ofHorry 

County Council. 

3. Use. During the term hereof, Company shall occupy and use Space permitted by County solely 

in connection with its "Banner Towing Operations" business at the Grand Strand Airport to the 

extent permitted by and fully in compliaoce with all applicable rules, regulations, and 

requirements of any Federal, State, City or County regulatory agency having jurisdiction over 

the Company's operations, subject to all terms aod conditions ofthis agreement. Company's 

1 

HCDA-000061 
employees and customers will have reasonable access to and from and the right to use and 

occupy Space for the sole purpose of engaging in or furthering Company's business. 

Company's employees must be well groomed and neat in appearance at all times. The Director 

of Airports must approve all signs and displays to be erected on the Space. Company shall 

fully comply with all safety and security policies/directives as established by the Airport. 

4. Fee; Default Interest; Late Payment; Security Deposit. 

A. Fee. As the Fee for occupancy and use of the Space, Company shall pay County 

monthly payments of One Thousand Two Hundred & 00/100 ($1,200.00) dollars per 

month. Company shall pay said amounts without set-off or deduction, in advance and 

without demand on or before the first day of each month during the term hereof. 10 the 

event this Permit commences or terminates on other than the last day of any particular 

month, the Fee shall be prorated. County reserves the right to adjust such rate from 

time to time upon thirty (30) days written notice to the Company. 

B. Default Ioterest. If Company shall default in its payment of Fees or other charges 

required to be paid pursuant to this Permit, such unpaid amounts shall bear interest 

from the date of default at the rate of 1 Y, % per month. 

C. Late Payment. Company acknowledges that the late payment by Company of any 

monthly installment of fees or other charges will cause County to incur certain costs 

and expenses not contemplated under this Permit, the exact amount of which are 

difficult or impracticable to determine. Therefore, if any such amount owing is not 

received by county within ten (10) days following the due date thereof, Company shall 

immediately pay to County a late charge equal to 1 Y, % per month of such amount 

owing, in addition to any default interest which may be due as provided above. To the 

extent that any late charge provided for hereunder is determined to constitute interest, 

in no event shall such late charges, plus any other interest due on sums owed to County 

hereunder, ever exceed the maximum interest rate permitted by law. 

D. Security Deposit. To assure the fuithful performance of Company's obligations 

hereunder, Company shall remit a deposit in the form of cash, a letter of credit, or a 

payment bond issued by a reputable company licensed to issue such bonds in the State 

of South Carolina, in an amount equal to two (2) months of all applicable Fees to the 

County, which shall be remitted to the County prior to the Company's occupancy of the 

Space. 10 no event shall this security deposit be used as payment for any fee set forth in 

A, above, without the express written authorization of the Director of the Horry County 

Department of Airports. 

5. Utilities and Services. County shall supply access to water, natural gas and electricity to the extent 

and capacity of the currently existing mains, lines, transformers, and panels. Company shall be solely 

responsible for the payment of all utility charges, telephone, trash removal, hazardous waste removal 

and other services used by Company in or on the Space, to include hook-up fees, advanced deposits or 

other such costs, regardless of whether the utility charge is incurred in the name of Company or 

2 

HCDA·000062 
County. Company shall accept transfer of all applicable utility meters to Company's name when so 

tendered by County. In the event Company incurs any utility charge in the name of County, Company 

shall reimburse County for the full amount of the charge within five (5) calendar days of the date of 

written notice to Company of the amount of the charge. County assumes no responsibility for 

interruption of such services for any reason whatsoever. 

4. Cleaning and Maintenance. Company, at its sole cost and expense, shall keep the Space io a 

clean, neat and orderly condition at all times, and shall be responsible for maintaining all 

non-structural elements, including without limitation plumbiog and HV AC. Company 

understands that it is responsible for the conduct of its guests, permittees, invitees, and 

licensees on the premises. Company shall not store any personal property exterior to the 

building on the unimproved premises associated with the building. Company is prohibited 

from takiog any action which would negate or void the warranty on the roofs of any building 

within its Space. 

5. Alterations. Company may not make any alteration, addition, or improvement to the Space 

without the prior written approval of the Director of Airports. Company shall submit a written 

request for permission to perform such alterations, which shall include a description ofthe 

improvements, a site plan, and any other documentation requested by the Director of Airports 

to demonstrate the suitability of the improvements or alterations. Unless County elects 

otherwise, all permanent alterations, additions, or improvements to the Space shall become 

the property of County upon termination. In the event County so elects, such permanent 

alterations shall be removed by Company at its own cost and expense prior to date of 

termination. Company shall repair any damage to Space caused by such removal at its own 

cost. All agreed upon improvements must be made io a workmanlike manner, io accordance 

with all applicable statutes, ordinances, rules and regulations, iocluding without limitation 

applicable building codes, and may be made only upon written approval of County's 

department of Airports after review of complete plans for such improvements. 

6. Right of Entry. County shall have the right to enter the Space at any time for any reasonable 

purpose. 

9. Compliance with Law. 

A. General Compliance. Company will comply with all applicable statutes, ordinances. 

rules. regulations. orders and directives of any governmental authority, including County, in 

its occupancy and use of the Space. 

B. Acceptance of Premises. Company accepts the Space in its "as-is" condition and County 

has no obligation to improve, repair, restore, or alter any portion of the Space. Company 

acknowledges that neither County nor any agent, employee, director or official of County has 

made any representation or warranty, except as otherwise expressly provided io this Permit, 

with respect to the Space including, without limitation, any representation or warranty with 

respect to the suitability or fitness of the building or any portion thereoffor the conduct of 

Company's business. 

C. Jurisdiction of Other Agencies. If Company's activities and operations shall io any way fall 

3 

HCDA-000063 
failure to act, of Company, its officers, directors, employees, agents, customers, 

vendors, coutractors or invitees. 

The provisions of this section shall survive the expiration or early termination of 

this Permit. 

C. Environmental Indemnification. Company shall also indemnify, defend (with 

counsel satisfactory to County), and hold County, its departments, agencies, council, 

boards, commissions, committees, members, officers, directors, employees, and 

agents and assigns of any of them harmless from and against any and all loss, cost, 

damage, expense, claim, cause of action, judgment, penalty, fine or liability, directly 

or indirectly, relating to or arising from the use, storage, release, discharge, handling 

or presence of Hazardous Materials on, under, or about the Space or the Airport in 

violation of Company's obligations under this Permit ("Hazardous Materials 

Release"). This indemnification shall include, without limitation, (a) personal injury 

claims, (b) the payment of liens, (c) diminution in the value of the Space, or any 

building included therein, or any other property at the Airport, (d) damages for the 

loss or restriction on use of the Space or the Airport, ( e) sums paid in settlement of 

claims, (f) actual attorneys' fees, consulting fees, court costs, and expert fees, (g) the 

cost of any investigation of site conditions, (h) the cost of any repair, cleanup, 

remedial, removal, or restoration work or detoxification if required by any 

governmental authority or deemed necessary in County's reasonable judgment, (i) 

and any fmes associated with Company's activities. County shall bave the right but 

not the obligation to join and participate in, and control, if it so elects, any legal 

proceedings or action initiated in connection with the Hazardous Materials Release. 

County may also negotiate, defend, approve, and appeal any action taken or issued by 

any applicable governmental authority with regard to a Hazardous Materials Release. 

Any costs or expenses incurred by County for which Company is responsible under 

this Paragraph or this Permit and has indemnified County, (i) shall be paid to County 

on demand, during the term of this Permit as additional fees; and (ii)from and after 

the expiration or earlier termination of the Permit shall be reimbursed by Company on 

demand. Company's obligations pursuant to the foregoing indemnity shall survive the 

expiration or termination of this Permit and shall bind Company's successors and 

assignees and inure to the benefit of County's successors and assigns. 

II. Insurance Required. Company agrees to purchase and keep in force and maintain at all times 

during the term of this Permit, at its own expense, for the benefit of itself and County as 

additional named insured, a policy or policies of insurance, issued by an insurance company of 

generally recognized responsibility and licensed to do business in the State of South Carolina 

insuring against: (A) all liability for damage to or loss of Company's and its customer's 

property located on the Space, (B) liability for property damage and personal injury or death 

arising from acts or omissions of Company, its agents and employees, (C) liability for any 

damage or harm resulting from any release of any hazardous material, as that term is defined 

by the United States Environmental Protection Agency, including, but not limited to, costs of 

remediation or mitigation of such release of hazardous materials, and (D) Workers 

5 

HCDA·000064 
Compensation claims to the limits required by the State of South Carolina. Said insurance 

shall be maintained throughout the term of this Permit with an insurance company acceptable 

to County with liability limits of at least $2,000,000.00. The policy or policies shall contain a 

contractual liability endorsement expressly covering the indemnification provisions of 

Section 10 of this Permit. Company shall also purchase, at its own cost and in its sole 

discretion, such 

business interruption or other insurance to protect Company's interest in the event of major or 

minor damage or disaster to the Space. 

This Permit shall not become effective until User shall provide to the HCDA a copy of 

certificate(s) evidencing the above insurance. The certificate of insurance shall provide that no 

material alteration, reduction, or termination of coverage shall occur without the insurance 

carrier giving County at least thirty (30) days' written notice prior to such alteration, reduction, 

or termination. 

12. Subuse and Assignment. Company shall not allow any other entity to occupy or use any of 

the Space without the written consent of the Horry County Department of Airports and no 

attempted assignment of this Permit by Company shall be effective. 

13. GOVERNING LAW. THIS Permit SHALL BE GOVERNED BY AND CONS1RUED 

UNDER THE LAWS OF THE STATE OF SOUTH CAROLINA. This Permit is not subject 

to alternative dispute resolution except where ordered by a court of competent jurisdiction or 

required by operation of law. The forum for any action or claim brought as a result of this 

contract shall be the Court of Common Pleas, Harry County, South Carolina. 

14. Entire Agreement/Amendment. This Permit constitutes the complete agreement of the 

parties with respect to the subject matter hereof and supersedes all previous agreements, 

representations and understandings concerning the same, whether written or oral. The 

provisions of the Permit may be modified, amended or waived only by a written instrument 

executed by County and Company. 

15. Termination of Permit. In the event oftermination of this Permit by either Party, Company 

shall promptly cause to be removed all personal property from the Space. Any property left on 

Airport premises by Company and remaining there fifteen days after the date on which 

Company either vacated the Space or should have vacated the Space according to the notice of 

termination sent by the terminating party, may be deemed, at the sale and exclusive option of 

the .rurport, abandoned. Once so deemed, such property shall become the exclusive property 

of the County and may be disposed of as such in accordance with applicable statutes, 

ordinances, and County procedures. Alternatively, County may have such property removed, 

at Company's sole expense. 

16. Operating Permit. The terms and conditions for both the "Space Use Permit" and the 

"Operating Permit" must be adhered to without default to either agreement. Default of any 

terms or conditions by either agreement, constitutes default on both the "Space Use Permit" 

and the "Operating Permit". 

17. Notices. Any notices required or sent hereunder shall be in writing and shall be sent as follows: 

6 

HCDA·000065 
As to County: 

Horry County Department of Airports 

II 00 Jetport Road 

Myrtle Beach, SC 29577 

ATTN: Director of Airports 

As to Company: 

Barnstormers Aerial Advertising 

P.O. Box 1728 

N. Myrtle Beach, SC 29598 

Either party from time to time may change its address by written notice to the other party. 

Notices hereunder shall be deemed effective when delivered by certified US Mail Return 

Receipt. 

18. License. This Space Use Permit is intended by the parties, and shall be interpreted as, a license 

to use the designated Space, and shall under no circumstances be deemed or construed as a lease of real 

property, nor shall the relationship between the parties, as to the designated Space, be deemed that of 

landlord and tenant. This Permit is not a contract and does not give, assign, or otherwise transfer from 

the County to the Company any interest in real property, but is a mere license, revocable at the will of 

the County. 

WITNESS the signatures of the parties as of the date first written above. 

1ts:. ________ _ 

~-.. - ::I~::::RME=:....R_S.:..~ __ L_AD_'__'VEc:::.RTISING 

1f7tklUl~tWr 

7 

HCDA·000066 
CERTIFICATE OF AIRCRAFT INSURANCE 

PRCI1JCER 

FOREST AGCNCY,INC. 

731 /}W'MADISON 

FOREST PARK,IL 60130 

BARNSTORMER FUTE SIGNS, INC. 

C/O DAVID RoliERTSON 

P.O: BOX 172ll 

NORTH MVRTLEBEACH,SC 29598-1728 

AIRCRAFT COVERAGES , ......... lETlER I~MJ)IBER . SA00161130-IlS I~~I C<>/EIWlE OPTlONS 

2!. An F&k Ground and """""'"toll Fllgl'lt -

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A1RCRAFTUJlSUTY - -

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IIoEDICALPA'VM:NTS 

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10.000 EAOec 

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~. ID~1:ETHEREOF. NOTICE WlLL BE DELIVERED IN '"" ll00.E1PORlROAIl 

MYR11E BFAa-I .. SC 29511 THE POUCYPROVISIONS-

,,' ~. .. nON. AU , ACORD.21 (7009112) Tha ACORD name and logo are Jagist&n!d ' .... n"n 

HCDA-000067 
GRAND STRAND AIRPORT 

SPACE USE PERMIT 

THIS SPACE USE PERMIT ("Permit") is made and entered into as of the 1st day of 

February 1, 2014, by and between HORRY COUNTY, SOUTH CAROLINA, ACTING BY AND 

THROUGH ITS DEPARTMENT OF AIRPORTS ("County") and BARNSTORMERS AERIAL 

ADVERTISING, LLC ("Company"), a business entity formed and existing under the laws of the 

State of South Carolina, and authorized to do business in Horry County, South Carolina. 

WITNESSETH 

WHEREAS, County is the operator ofthe Grand Strand Airport (" Airport"); and 

WHEREAS, Company desires to occupy and use space in Hangars #8 & #9 plus six (6) aircraft 

parking spots directly in front of the subject hangars located on Grand Strand Airport property, to 

conduct its "Banner Towing Operations" business; and 

WHEREAS, County is willing to pennit Company to occupy and use space in Hangars #8 & #9 

plus six (6) aircraft parking spots directly in front of the subject hangars located at 

Grand Strand Airport, subject to the restrictions and terms provided herein: 

NOW, THEREFORE, County and Company agree as follows: 

I. Space Use. County hereby pennits Company to occupy and use Hangars #8 & #9 plus six 

(6) aircraft parking spots directly in front of the subject hangars, together with any 

surrounding curtilage and parking ("Space") to be utilized for Company's "Banner Towing 

Operations" business. 

2. Term. The tenn of this Permit shall commence on February 1, 2014, and it shall continue in 

force and effect until July 31, 2014 but no longer than, six (6) months from the date of 

commencement unless otherwise earlier tenninated. Prior to actual physical occupancy of 

Space by Company, either party may terminate this Permit for any reason upon the giving at 

least five (5) days written notice to the other party. After actual physical occupancy of the 

Space by Company, either party may terminate this Permit for any reason by giving at least 

thirty (30) days written notice to the other party. Any act of default hereunder, including 

without limitation failure to pay fees when due, shall terminate any right, license or 

pennission for use of Space immediately upon event of default. This Permit shall not be 

renewed or extended, nor shall another such Pennit be entered into between the same parties 

within twelve (12) months from the date of expiration of this Permit, without prior approval 

ofHorry County Council. 

3. Use. During the term hereof, Company shall occupy and use Space permitted by County 

solely in connection with its "Banner Towing Operations" business at the Grand Strand 

Airport to the extent pennitted by and fully in compliance with all applicable rules, 

1 

HCDA-000068 
regulations, and requirements of any Federal, State, City or County regulatory agency having 

jurisdiction over the Company's operations, subject to all terms and conditions of this 

agreement. Company's employees and customers wili have reasonable access to and from 

and the right to use and occupy Space for the sole purpose of engaging in or furthering 

Company's business. Company's employees must be well groomed and neat in appearance at 

all times. The Director of Airports must approve all signs and displays to be erected on the 

Space. Company shall fully comply with all safety and security policies/directives as 

established by the Airport. 

4. Fee; Default Iuterest; Late Payment; Security Deposit. 

A. Fee. As the Fee for occupancy and use of the Space, Company shall pay County 

monthly payments of One Thousand Two Hundred and Noll 00 ($1,200.00) dollars 

per month. Company shall pay said amounts without set-off or deduction, in advance 

and without demand on or before the first day of each month during the term hereof. 

In the event this Permit commences or terminates on other than the last day of any 

particular month, the Fee shall be prorated. County reserves the right to adjust such 

rate from time to time upon thirty (30) days written notice to the Company. 

B. -Gfess Sales Percentage Fcc. FOi each menth Eit:triHg the tefJfl A~t=eQf aae is additieR> 

~ly·base QGGypa:tl~d-use of the Space fee, COmpaq), sbaU.pay-enunty, '-Vv as adriiti@Rsl fe-.lt1lTOTllhly adjtlstmtlflklmeoot-.whielrshall b@ the difrereRee;-+!4ny, 

~b:.."OCCtIP!l11cY'1lt!d-'tIS6-\?l4he:£Palltl~fe0..te-be-paid-during-sa:icf.. 

maRth aHe twenty fear-fM%f-per.ceru.of-1he. gooss sa\"s·during elleh .lieh OCet!j'ltlft6Y' 

meHtit, wltic1ievCi is gteat6I. 

~8SS Bales il'lslude, Iuitbollt limit-atleR, tRg §lZBSS B@lling "prj~~ Qf all FA8rGaaRdisil, 

"Sf . ices, concessions, or pdvHeges that eaeHr in "hele SF is patt, ou the Space, 81 as 

?-~t of aetivitiCS'"t)n or !l5seei&toa 'Ni~R the Sflaee, dHl'iBg tRe-tefllHlf-l:IHs-Permit<.~ 

lAQI'lQlftg the g. eBS ehargcs df ail SO[ ,,'lees tg cu~tomers Sf' pattons perfo11ned h¥ . 

.{;empall¥ gr aflY Gther perSOD, entity, firm af ee)l'l'6Iatisa, in, "pon, or tbt:Qugh atlf 

p.art-oi.tbe..8pa.cemrring..the4efm-ofthis Permit and .. 1/ "al~"'seprjces that are sobject 

18 the ~outh CaroIiflll-8lTHlSement; sales, lise er 6"6i66 tal< S0t forth.in Title 12 of the 

Sema Catolina Code ufLaws, 1976, as amended. Notvvithstdnci1"lg m,tliing helein 

ts tile ~ontrary, grQSS SaleS sball not inchae the arnel:ffit sf aBY am.!l~ement, sah~s, tl5e 

Of eH:Gise tax@s ::(3aig by Compae) 8tlfiHg stroh tel'ftl efthis PiRtlit. 

C. Payment of Fee and OW"" llales Perecrdage fiee*" The Fee shall be paid in aid 

amounts without set-off or deduction, in advance and without demand on or before 

the first day of each month during the term hereof from and after the 

Commencement Date. The Gross Sales Percentage Fee, if due, shall be paid within 

ten (l0) days of each month following a calendar month occurring from and after 

the Commencement Date through the expiration or termination of this Agreement, 

at which time Lessee shall provide Lessor, without demand, a statement of Gross 

Receipts for the prior calendar month together with the amount, if any, by which 

2 

HCDA·000069 
the Gross Sales Percentage Fee due for the previous calendar year exceeds the Fee. 

D. Default Interest. If Company shall default in its payment of Fees or other charges 

required to be paid pursuant to this Permit, such unpaid amounts shall bear interest 

from the date of default at the rate of I Yz % per month. 

E. Late Payment. Company acknowledges that the late payment by Company of any 

monthly installment of fees or other charges will cause County to incur certain costs 

and expenses not contemplated under this Permit, the exact amount of which are 

difficult or impracticable to determine. Therefore, if any such amount owing is not 

received by county within ten (10) days following the due date thereof, Company 

shall immediately pay to County a late charge equal to I y, % per month of such 

amount owing, in addition to any default interest which may be due as provided 

above. To the extent that any late charge provided for hereunder is determined to 

constitute interest, in no event shall such late charges, plus any other interest due on 

sums owed to County hereunder, ever exceed the maximum interest rate permitted by 

law. 

F. Security Deposit. To assure the faithful performance of Company's obligations 

hereunder, Company shall remit a deposit in the form of cash, a letter of credit, or a 

payment bond issued by a reputable company licensed to issue such bonds in the State 

of South Carolina, in an amount equal to two (2) months of all applicable Fees to the 

County, which shall be remitted to the County prior to the Company's occupancy of 

the Space. In no event shall this security deposit be used as payment for any fee set 

forth in A, above, without the express written authorization of the Director of the 

Horry County Department of Airports. 

3.Utilities and Services. County shall supply access to water, natural gas and electricity to the 

extent and capacity of the currently existing mains, lines, transformers, and panels. Company shall 

be solely responsible for the payment of all utility charges, telephone, trash removal, hazardous 

waste removal and other services used by Company in or on the Space, to include hook-up fees, 

advanced deposits or other such costs, regardless of whether the utility charge is incurred in the 

name of Company or County. Company shall accept transfer of all applicable utility meters to 

Company's name when so tendered by County. In the event Company incurs any utility charge in 

the name of County, Company shall reimburse County for the full amount of the charge within five 

(5) calendar days of the date of written notice to Company of the amount of the charge. County 

assumes no responsibility for interruption of such services for any reason whatsoever. 

4. Cleaning and Maintenance. Company, at its sole cost and expense, shall keep the Space in 

a clean, neat and orderly condition at all times, and shall be responsible for maintaining all 

non-structural elements, including without limitation plumbing and HVAC. Company 

understands that it is responsible for the conduct of its guests, permittees, invitees, and 

licensees on the premises. Company shall not store any personal property exterior to the 

3 

HCDA-000070 
building on the unimproved premises associated with the building. Company is prohibited 

from taking any action which would negate or void the warranty on the roofs of any 

building within its Space. 

5. Alterations. Company may not make any alteration, addition, or improvement to the Space 

without the prior written approval of the Director of Airports. Company shall submit a 

written request for permission to perform such alterations, which shall include a description 

of the improvements, a site plan, and any other documentation requested by the Director of 

Airports to demonstrate the suitability of the improvements or alterations. Unless County 

elects otherwise, all penn anent alterations, additions, or improvements to the Space shall 

become the property of County upon termination. In the event County so elects, such 

permanent alterations shall be removed by Company at its own cost and expense prior to 

date of termination. Company shall repair any damage to Space caused by such removal at 

its own cost. All agreed upon improvements must be made in a workmanlike manner, in 

accordance with all applicable statutes, ordinances, rules and regulations, including without 

limitation applicable building codes, and may be made only upon written approval of 

County's department of Airports after review of complete plans for such improvements. 

6. Right of Entry. County shall have the right to enter the Space at any time for any 

reasonable purpose. 

9. Compliance with Law. 

A. General Compliance. Company will comply with all applicable statutes, ordinances, 

rules, regulations, orders and directives of any governmental authority, including County, in 

its occupancy and use of the Space. 

B. Acceptance of Premises. Company accepts the Space in its "as-is" condition and County 

has no obligation to improve, repair, restore, or alter any portion of the Space. Company 

acknowledges that neither County nor any agent, employee, director or official of County 

has made any representation or warranty, except as otherwise expressly provided in this 

Permit, with respect to the Space including, without limitation, any representation or 

warranty with respect to the suitability or fitness of the building or any portion thereof for 

the conduct of 

Company's business. 

C. Jurisdiction of Other Agencies. If Company's activities and operations shall in any way 

fall within the jurisdiction or regulatory authority of other governmental agencies, including 

without limitation the South Carolina Department of Health and Environmental Control 

("DHEC"), Company must secure and produce evidence of such agency's final approval of 

such operations or occupancy of Space. If such activities and operations fall outside 

DHEC's 

jurisdiction, Company shall procure and submit to County the statement of an appropriately 

authorized DHEC representative to that effect. Company acknowledges that its 

representations and warranties pursuant to this subsection are material to the County's 

4 

HCDA-000071 
agreement to permit the Company's use of the Space. 

10. Release and Indemnity. 

A. Release. Company hereby releases County from any liability to Company for any loss 

or damage to any property of Company, its officers, directors, employees, agents, 

customers, concessionaires, vendors, contractors or invitees, and for the death or injury 

of any officers, directors, employees, agents, customers, concessionaires, vendors, 

contractors or invitees of Company, occasioned hy theft, fire, acts of God, public 

enemy, injunction, riot, strike, insurrection, war, governmental body or authority 

including County, or any other matter beyond the control of County, or for any injury or 

damage or inconvenience which may arise through repair or alteration of any part of the 

Space, or failure to make repairs, or for any cause whatsoever, except the sole 

negligence or willful misconduct of County. 

B. Indemnitv. Company hereby releases and will defend, indemnify and hold harmless 

County, its departments, agencies, boards, commissions, committees, officers, directors, 

employees, and agents and assigns of any of them ("Indemnified Parties") from and 

against any and all liability, claims, penalties, fines, causes of action, suits, liens, losses, 

loss of use, damages, costs and expenses of any kind (including legal fees and litigation 

costs) which may be suffered by, accrued against, be charged to or be recoverable from 

the Indemnified Parties by reason of; 

(1) any occurrence, in, upon, or at the Space, however caused, or any cause of action 

of any nature whatsoever, in law or equity, arising out of or incidental to this Permit 

or the use or occupancy of the Space; and/or 

(2) any occupancy, use, or misuse of the Space, or the areas surrounding the Space, 

or the service areas, parking areas, pedestrian areas, pedestrian walks or driveways in 

or around the Space, by Company, its officers, directors, employees, agents, 

customers, concessionaires, vendors, contractors or invitees, including without 

limitation uses or misuses which may render the premises subject to the Americans 

with Disabilities Act in whole or in part; andlor 

(3) any violation of any law, regulation or ordinance by Company or its employees, 

officers, directors, employees, agents, customers, concessionaires, vendors, 

contractors or invitees; and/or 

(4) any occurrence arising in whole or in part out of the negligent act, or negligent 

failure to act, of Company, its officers, directors, employees, agents, customers, 

vendors, contractors or invitees. 

The provisions of this section shall survive the expiration or early termination of 

this Permit. 

5 

HCDA-000072 
C. Environmental Indemnification. Company shall also indemnifY, defend (with 

counsel satisfactory to County), and hold County, its departments, agencies, 

council, boards, commissions, committees, members, officers, directors, employees, 

and agents and assigns of any of them harmless from and against any and all loss, 

cost, damage, expense, claim, cause of action, judgment, penalty, fine or liability, 

directly or indirectly, relating to or arising from the use, storage, release, discharge, 

handling or presence of Hazardous Materials on, under, or about the Space or the 

Airport in violation of Company's obligations under this Permit ("Hazardous 

Materials ReJease").- This indemnification shall include, without limitation, (a) 

personal injury claims, (b) the payment of liens, (c) diminution in the value of the 

Space, or any building included therein, or any other property at the Airport, (d) 

damages for the loss or restriction on use of the Space or the Airport, (e) sums paid 

in settlement of claims, (f) actual attorneys' fees, consulting fees, court costs, and 

expert fees, (g) the cost of any investigation of site conditions, (h) the cost of any 

repair, cleanup, remedial, removal, or restoration work or detoxification if required 

by any governmental authority or deemed necessary in County's reasonable 

judgment, (i) and any fines associated with Company's activities. County shall have 

the right but not the obligation to join and participate in, and control, if it so elects, 

any legal proceedings or action initiated in connection with the Hazardous Materials 

Release. County may also negotiate, defend, approve, and appeal any action taken 

or issued by any applicable governmental authority with regard to a Hazardous 

Materials Release. Any costs or expenses incurred by County for which Company is 

responsible under this Paragraph or this Permit and has indemnified County, (i) 

shall be paid to County on demand, during the term of this Permit as additional fees; 

and (ii)from and after the expiration or earlier termination of the Permit shall be 

reimbursed by Company on demand. Company's obligations pursuant to the 

foregoing indemnity shall survive the expiration or termination of this Permit and 

shall bind Company's successors and assignees and inure to the benefit of County's 

successors and assigns. 

I I. Insnrance Reqnired. Company agrees to purchase and keep in force and maintain at all 

times during the term of this Permit, at its own expense, for the benefit of itself and County 

as additional named insured, a policy or policies of insurance, issued by an insurance 

company of generally recognized responsibility and licensed to do business in the State of 

South Carolina insuring against: (A) all liability for damage to or loss of Company's and its 

customer's property located on the Space, (B) liability for property damage and personal 

injury or death arising from acts or omissions of Company, its agents and employees, (C) 

liability for any damage or harm resulting from any release of any hazardous material, as 

that term is defined by the United States Environmental Protection Agency, including, but 

not limited to, costs of remediation or mitigation of such release of hazardous materials, and 

(D) Workers Compensation claims to the limits required by the State of South Carolina. Said 

insurance shall be maintained throughout the term of this Permit with an insurance company 

acceptable to County with liability limits of at least $2,000,000.00. The policy or policies 

shall contain a contractual liability endorsement expressly covering the indemnification 

6 

HCDA-000073 
provisions of Section lOaf this Pennit. Company shall also purchase, at its own cost and in 

its sale discretion, such 

business interruption or other insurance to protect Company's interest in the event of major 

or minor damage or disaster to the Space. 

This Pennit shall not become effective until User shall provide to lbe HCDA a copy of 

certificate(s) evidencing the above insurance. The certificate of insurance shall provide that 

no material alteration, reduction, or tennination of coverage shall occur wilbout the 

insurance carrier giving County at least thirty (30) days' written notice prior to such 

alteration, reduction, or termination. 

12. Snbnse and Assignment. Company shall not allow any other entity to occupy or use any of 

the Space without the written consent of the Harry County Department of Airports and no 

attempted assignment of this Permit by Company shall be effective. 

13. GOVERNING LAW. TIllS Permit SHALL BE GOVERNED BY AND CONSTRUED 

UNDER THE LAWS OF THE STATE OF SOUTH CAROLINA. This Permit is not subject 

to alternative dispute resolution except where ordered by a court of competent jurisdiction or 

required by operation of law. The forum for any action or claim brought as a result of this 

contract shall be the Court of Common Pleas, Harry County, South Carolina. 

14. Entire Agreement/Amendment. This Permit constitutes the complete agreement of the 

parties with respect to the subject matter hereof and supersedes all previous agreements, 

representations and understandings concerning the same, whether written or oral. The 

provisions of lbe Permit may be modified, amended or waived only by a written instrument 

executed by County and Company. 

15. Termination oCPermit. In the event oftennination of this Permit by eilber Party, Company 

shall promptly cause to be removed all personal property from the Space. Any property left 

on Airport premises by Company and remaining there fifteen days after lbe date on which 

Company either vacated the Space or should have vacated the Space according to the notice 

oftermination sent by the terminating party, may be deemed, at lbe sale and exclusive option 

of the Airport, abandoned. Once so deemed, such property shall become the exclusive 

property of the County and may be disposed of as such in accordance with applicable 

statutes, ordinances, and County procedures. Alternatively, County may have such property 

removed, at Company's sale expense. 

16. Operating Permit. The terms and conditions for both the "Space Use Permit" and the 

"Operating Permit" must be adhered to without default to either agreement. Default of any 

tenns or conditions by either agreement, constitutes default on both lbe "Space Use Permit" 

and the "Operating Permit". 

17. Notices. Any notices required or sent hereunder shall be in writing and shall be sent as 

follows: 

7 

HCDA-000074 
As to County: 

HolTY County Department of Airports 

II 00 Jetport Road 

Myrtle Beach, SC 29577 

ATTN: Director of Airports 

As to Company: 

Barnstormers Aerial Advertising 

P.O. Box 1728 

North Mvrtle Beach. SC 29598 

Either party from time to time may change its address by written notice to the other party. 

Notices hereunder shall be deemed effective when send by U.s. mail certified with return 

receipt. 

18. License. This Space Use Permit is intended by the parties, and shall be interpreted as, a 

license to use the designated Space, and shall under no circumstances be deemed or construed as a 

lease of real property, nor shall the relationship between the parties, as to the designated Space, be 

deemed that of landlord and tenant. This Permit is not a contract and does not give, assign, or 

otherwise transfer from the County to the Company any interest in real property, but is a mere 

license, revocable at the will of the County. 

8 

HCDA-000075 
WITNESS the signatures of the parties as of the date first written above. 

ATTEST: 

9 

HO 

By:-L.~'!::!'L-.\,2~~~ 

Its: :1"t'<2-C-~ 

BARNSTORMERS AERIAL 

ADVERTISING, LLC 

Its:_~-11."""':::..:::l'-"'-.!:.:::'¥-

BY~-__ _ 

HCDA-000076 
CER11F1CATE Of AlRCRAItT INSURANCE 

......... 

FOREST AGENCY, INC. 

7lI10W'MADISON 

FOREST PARK. IL 00130 

FLfTE SIGNS, INC. 

CIODAVlll ROdERTSON 

P,O. BOX 1728' 

NORTH MYRTLE BEACH, SC 2ll598-172B 

AIRCRAFT COVBtAGES 

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HCDA·000077 
STATE OF SOUTH CAROLINA) 

) 

LESSOR OF HORRY ) 

LEASE AGREEMENT 

THIS LEASE AGREEMENT, made and entered into this 1"' day of ;4Pf?f L ! 6, 

20J.!£-, by and between HORRY COUNTY, a political subdivision organized and existing 

under the laws of the State of South Carolina ("Lessor") and Barnstormers Aerial Advertising, 

LLC a business entity organized and existing under the laws of the State of South Carolina 

("Lessee"). 

WITNESSETH: 

WHEREAS, Lessor has the right to lease certain property at the Grand Strand Airport (CRE) for 

aerial advertising (also known as banner tow operations); and 

WHEREAS, The Lessee is desirous of leasing buildings at CRE labeled Hangar #8 and Hangar #9, 

approximately 6,000 square feet, together with surrounding curtilage to support said operations by 

the Lessee, aircraft parking areas limited to six (6) aircraft parking spots directly in front of subject 

hangars and vehicle parking limited to two (2) employee vehicles on Airport property at one time; 

and 

NOW, THEREFORE, for and in consideration of the premises and mutual covenants contained 

herein, Lessor and Lessee agree as follows: 

ARTICLE I - PREMISES 

A. Premises. 

Lessor hereby leases to Lessee portions of CRE buildings as follows: 

Approximately 6,000 square feet of the buildings identified as Hangar #8 

and Hangar #9, including ramp space for parking not to exceed six (6) 

aircraft and surrounding curtilage located at CRE Airport and attached 

hereto as Exhibit A and B and, incorporated herein by reference 

("Premises"). 

B. ACCEPTANCE OF PREMISES. Lessee accepts the premises in their "as-is" condition 

and County has no obligation to improve, repair, restore, or alter the premises. Lessee 

acknowledges that neither County nor any agent, employee, director or official of County has made 

HCDA·000078 
any representation or warranty, except as otherwise expressly provided in this Lease, with respect 

to the building (including the premises) including, without limitation, any representation or 

warranty with respect to the suitability or fitness of the building or any portion for the conduct of 

lessee's business. Lessee acknowledges that it has been informed that the building in which the 

Premises are located may not be compliant with the Americans with Disabilities Act [the Act], and 

accepts the Premises in that condition. Lessee acknowledges that it is responsible for compliance 

with any requirements that may be imposed under the Act for Lessee's anticipated use of the 

premises. Lessee agrees to indemnify and hold harmless Lessor from any and all claims arising 

from any failure to comply with the Act, and agrees to notify Lessor of any modifications or 

accommodations that Lessee undertakes in order to comply with the Act. 

C. DISCLAIMER OF WARRANTIES. Lessee represents that the Lessee has inspected the 

Premises and agrees to accept the Premises in an "as is" condition. LESSOR DISCLAIMS ALL 

EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THE PREMISES, 

INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR 

FITNESS FOR A PARTICULAR PURPOSE. 

D. Covenants and Deed Restrictions. The Premises are leased to Lessee subject to all 

covenants, conditions, restrictions, requirements, easements, rights-of-way, reservations, rights, 

agreements and encumbrances set forth in the deed or deeds which evidence conveyance of the 

premises or any portion thereof. Lessee agrees to abide by andlor comply with each and every 

covenant, condition, restriction, requirement, easement, right-of-way, reservation, right, agreement 

and encumbrance that may be contained in the deed or deeds referenced. Lessee agrees to abide by 

and comply with each and every covenant, restriction, and requirement that may be contained in 

the deed or deeds pertaining to the Premises, 

ARTICLE II - TERM AND RENEWAL OPTION 

A. Term,-'fhe-term of this"AgleelIlent-shall-etlftlmenoo-August-t;-211t4-;su15ject to approval by 

the H~\I~' COlffiGil.,..an~-shaH-rorrtinue ill force and effect tor a 

p<:ciod .... H*-f61-mtmtffl-teriRlnatil:!g-Jaflllilry-;J·+T~{}I-5;4mless sooner termmated by operahOrl6'f 

any clause contajned herejn ! 1pon expirati=-of the illitial tel'll'l, aHhe discretion of the-besseF; 

.Lessee ffift:) hela eVSf-01l a mollil> te-menth-basis. Such holding-ove~aH-tt()t-be 

construed to ~ell@W this Lealle-Agfeemeftt f"'!'<tll} fmther1:eull belt Hiay-be-termina~..Lesso~-6r 

Lsssee upon thirty (30) days written notjce' aJJ other tenus and conditions provided.J<erein..shalI ~ 

remain in.full fm:c® aDS @ft€ctto any such hold oyer tenancy. 

HCDA-000079 
ARTICLE III - USE OF PREMISES 

A. Use. Lessee shall comply with all local, state and federal laws, rules, regulations 

and ordinances that are or may become applicable to its activities under this Lease, including, 

without limitation, all applicable zoning, parking, signage, and other ordinances and the height and 

lighting requirements ofthe Federal Aviation Administration ("FAA"). 

Lessee shall have the non-exclusive right and obligation to use the Premises for the 

operation of the Lessee's business consisting of banner tow operations. Lessee shall have the right 

to perform aviation activities related to the maintenance, repair, and operation of its owned aircraft 

for conducting its business at the airport. Use of the Premises for any other purposes shall not be 

permitted unless agreed to in writing, in advance of such use, by the Lessor. Lessee shall not 

undertake any operation on the site that will cause a nuisance to (including noise andlor dust) or 

interfere with lawful activity on adjacent properties. 

With regard to parking, only vehicles operated by Lessee's employees or staff based at 

CRE, who are employed directly by the Lessee and have been approved by the Director of Airports 

are permitted to park on the interior of the security fence (Le. on the ramp). Lessee is limited to 

~Y~o eli employee vehicles on Airport property at one time and must park adjacent the Premises 

described in this Agreement. Vehicles are not permitted to park overnight without the prior 

approval from Director of Airports or a representative designated by the Director of Airports. 

Lessee is prohibited from and shall not provide aircraft fueling or defueling services 

except as follows: 

(I) As to aircraft owned by Lessee to the extent permitted by the FAA, this Lease and 

Lessor's standards, as may be amended from time to time, which are incorporated herein by 

reference; and 

(2) As to defueling of aircraft owned by Lessee as necessary to accomplish 

maintenance of the aircraft, Lessee may defuel the aircraft, store the fuel in strict accordance with 

all applicable codes, rules and regulations, and reinstall the fuel into the aircraft from which it is 

taken in compliance with Lessor's standards; 

Lessee shall control all current and future lighting installed on the Premises by Lessee as to 

prevent illumination from being a hazard to pilots landing on, taking off from or taxiing on the 

airport. The determination of hazard shall rest solely with the judgment of the Lessor. 

No use shall be made or permitted to be made to the Premises, or acts done, which will 

HCDA-000080 
cause a cancellation of any insurance policy covering the Premises, nor shall Lessee keep or permit 

to be kept in, on or about the Premises any materials which may be prohibited by the standard 

form fire insurance policy covering such Premises. Lessee shall comm it no nuisance in, on or 

about the Premises, or permit or suffer any nuisance to be committed. 

Coin operated amusement devices shall not be placed or used upon the Premises without 

Lessor's prior written permission. Machines for vending candy, confections, beverages, light 

refreshments or convenience items for the use and convenience of Lessee's employees are 

permitted on the Premises. 

Company will abide by all HCDA rules, policies, and procedures for Grand Strand Airport 

(CRE), as may be adopted or amended from time to time 

B. Quiet Enjoyment. Lessee shall be entitled to the quiet enjoyment of the leased 

Premises provided that Lessee remains in compliance with all the terms and conditions of this 

Lease, and does not interfere with the rights of any of the other tenants or users of the Airport. 

C. Efficient Use of Space. Lessee and Lessor agree that efficient use of the Premises 

is a common goal, to include use of the Premises in part to provide banner tow operations. Lessee 

and Lessor therefore agree that Lessor has the right to inquire of Lessee as to Lessee's past and 

planned utilization of Airport facilities, including those facilities that comprise the Premises. 

Lessee and Lessor agree that, should Lessee's utilization of the Premises allotted to it herein, or as 

this Lease Agreement may be amended at a future date, reasonably be deemed as insufficient 

utilization of the facilities, Lessor may require Lessee to submit a written plan, within fourteen (14) 

calendar days of its written request to Lessee to do so, detailing Lessee's plan to cure such 

deficiency and to utilize the Premises properly and efficiently. Such option on the part of Lessor 

will not be exercised more often than once every six (6) months. Upon receipt, Lessor will review 

the plan and may either approve the plan or exercise its rights under Article XV, below. 

ARTICLE IV-RENTAL 

A. _ Base Rental E-aje. Lessee shall pay to Lessor a ... -t-annual ~ rent in the 

f'ovr+t! .. " 'f1Io4~.JvtA. <p1'f, lto ... "'0 

amount of ~ 1:A8H.ttlld .ll.w Hundred Dollars and Noll 00 ($7,200.00) Dollars, due and 

payablti~v!i".1}) equal monthly installments of one thousand two hundred and Noll 00 

($1,200.00). Lessee shall pay said amounts without demand, and without set-off or deduction, in 

advance on or before the first day of each month during the term hereof and any hold over period. 

In the event this Lease commences on or terminates on other than the last day of any particular 

month, the~ Rent shall be prorated. Lessee shall receive no rental credit for any improvements 

HCDA·000081 
made to the Premises. 

B. Utility Fee. Lessee agrees to pay Lessor One Hundred Fifty and No/lOO ($150.00) 

Dollars per month on the first day of every month of the lease year for utilities of water, gas and 

electric. If the actual costs of providing utilities charged to Lessee are more than the Utility Fee 

provided herein, the Utility Fee shall be increased by a corresponding amount. This payment is in 

addition to the base rent and can be increased by Lessor with thirty day written notice to Lessee. \JJ't1I- f>rop,n" ".ro .. P I~ 1"'00"'). 0 ",- u-hlr/f"eS . 

C. Late Payment InterestiPenalties/Collection. Any ~ Rent payment, '!my" 

p"feeMtag8 rental paymellt, or payment of any other fee or charge set forth in this Agreement not 

received by the Lessor within ten (10) days of the date due shall be subject to a monthly fee of one 

and one-half (1 Y, % ) percent per month or portion thereof on the entire balance due, including 

any previously accrued late payment / interest charges; Lessor reserves the right to impose an 

additional reasonable charge on any payments not made by the due date to recoup its costs 

associated with administering such overdue account. In the event that collection efforts are 

required, Lessee shall reimburse Lessor for all costs, fees and charges incurred as a result of said 

efforts including attorneys' fees and costs. To the extent that any late charge provided for 

hereunder is determined to constitute interest, in no event shall such late charges, plus any other 

interest due on sums owed to Lessor hereunder, ever exceed the maximum interest rate permitted 

by law, and in the event such amount should exceed the maximum rate, then the amount owed to 

Lessor shall automatically be reduced to equal the maximum amount permitted by law. 

LIH1 .(M"~ / 

D. Books of Acc~t and Auditing. L~ssee shall keep true a complete records and 

accounts of all Gross Revcihue. All such records and accounts sha e made available to Lessor 

upon ten days prior notice to C se.e. All receipt forms used Lessee in its operations shall be 

pre-numbered and Lessee shall mal~in records and cal ols insuring that the forms accurately 

reflect all Gross Revenue of Lessee frOm its operatio. Within ninety (90) days after the end of 

each term, Lessee, at its own expense, Sh~ rn' a true and accurate statement for the preceding 

term of all such Gross Revenue during su ceding term (showing authorized deductions or 

exclusions made in computing the a un! of sue Gross Revenue), which statement shall be 

certified to be correct by an lndefl dent Certified Pub' Accountant. Lessee agrees to give the 

Lessor access during reasona hours for inspection of Le ee's books and records, and Lessee 

agrees it will keep and pre rve for at three (3) years all receipt n1S and other evidence of Gross 

. The Lessor shall have the right at any time a from time to time to audit 

all of Lessee's rec ds relating to business transacted at the Airport inclr ing, but not limited to, 

Gross Revenue, nd the Lessee, upon requesf,af!l\.:i:1 make all such informatI n available for such 

HCDA-000082 
~' 

~~~~ If, as a result of such audit, it is establishe lat Lessee or any 

licensee or· . isee of Lessee has understated Gross Revenue or ~iness transacted for any year 

by two percent (2%) or (after the deductions and e~lliOnS provided for herein), the entire 

expense of said audit shall be borne see. An ~tional Percentage Fees due as a result of 

such audit shan forthwith be paid by Lesse Les ith interest thereon at the rate of eighteen 

percent (18%) per annum from the of the month in which t le tsC e aney occurred. 

E. rt8. Lessee agrees to submit, monthly and without demand, suc Statistical 

cerning Lessee's gross sales at the Premises as stipulated in this agreement and as 

may, from time to time, require. 

ARTICLE V - IMPROVEMENTS/ALTERATIONS 

A. Prior Approval Required. Lessee shall have the right, at its sole expense, to 

construct, improve, modify and make additions to the facilities leased to Lessee. However, prior to 

any construction, improvements, modifications or additions to the Premises, Lessee must first 

obtain from Lessor's Department of Airports prior written approval of such construction, 

improvement, modification or addition, and all plans, designs, and specifications associated 

therewith. All construction and improvements undertaken by Lessee must be made in accordance 

with all applicable statutes, ordinances, rules, regulations, laws, and building codes, and must be 

completed in a good, substantial, and workmanlike manner without damage to or interference with 

existing facilities or operations. Written confirmation of compliance with all such applicable 

statutes, ordinances, rules, regulations, laws, and building codes shall be submitted by the Lessee 

to Lessor's Department of Airports simultaneously with or prior to requesting the Department's 

review of fmal proposed construction plans and specifications 

Upon the approval of such construction, plans and specifications by Lessor, Lessee shan 

within ninety (90) days thereafter commence construction, at its sole expense, and shall diligently 

prosecute such construction to its completion, in accordance with such plans and specifications. 

Lessee shan further furnish Lessor with a good and sufficient Surety Bond (in a form and issued by 

a Lessee acceptable to Lessor) insuring the completion of the work and the payment of all bills in 

connection therewith. 

B. Quality of Work. All improvements and alterations to the Premises must be 

performed by qualified contractors who are fully licensed to perform work of the kind proposed, 

and who are bonded and insured in compliance with the Lessor's policies applicable to the 

procurement of construction services for Lessor's benefit, and shall be constructed in accordance 

with all applicable building codes, laws and regulations and in a good, substantial, and 

workmanlike manner. All materials used in any improvements by Lessee shall be of appropriate 

HCDA-000083 
quality and grade for the use to which they are employed. 

C. Protection of Utility Lines and Equipment. All work undertaken pursuant to the 

authority granted within this Article V shall be subject to the condition that Lessee makes, at its 

expense, suitable arrangements for relocation of any affected governmental or Lessor's / other 

tenant's utility lines, cables or other equipment. Further, Lessee shall not pave roads or ramps over 

said utility lines, cables or equipment without the prior written approval of Lessor / tenant. 

D. Title to Improvements, Alterations and Repairs. All improvements made to 

the Premises 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, at which time the 

said improvements shall, at the sole discretion and determination of Lessor, become the sole 

property of Lessor in their entirety. Should Lessor determine that it will not take possession of said 

improvements at the expiration or termination of this Lease, Lessee shall completely remove 

within 30 calendar days after the expiration / termination all such improvements from the airport 

and restore the Premises to its original condition and to the satisfaction of Lessor. 

E. Trade Fixtures, Machinery and Equipment. If Lessee is not then in default of 

any provisions of this Lease, Lessee shall have the duty to remove from the Premises immediately 

before the expiration of the term, or within ten (10) days after the expiration of the term, any 

alterations, fixtures, machinery and equipment Lessee has on the Premises, as long as the removal 

will not cause structural damage to the Premises, and Lessee, at its cost, promptly restores any 

damage caused by the removal and restores the Premises to its prior condition as set forth below. 

F. Obligations of Lessor. Lessor is not obligated to provide any improvements under 

this Agreement. 

ARTICLE VI - MAINTENANCE 

Lessee shall, throughout the term of this Agreement, at Lessee's own cost and expense, and 

without any expense to Lessor, promptly keep and maintain the Premises, all improvements 

thereon, and the surrounding area in a sanitary and neat order, and in good repair, and shall be 

solely and exclusively responsible for keeping and maintaining all non-structural elements of the 

Premises, including plumbing, HVAC, doors and their respective operating mechanisms, but 

excluding the roof and load-bearing members of the building, in good repair, all of which shall be 

maintained in a condition at least equal to the condition of the Premises upon the execution of this 

Lease Agreement, reasonable wear and tear excepted. u,.1ier 116 ei,elllll~lmu;u.gIulll-t-he-hmtgtlP 

&OufS 0/ d,e 8fJeFflHng :HeelratfmJ'f8 la, tll-rlrmTS COnstitute tI struClurai component oj me 

HCDA-000084 
bujMing , auee 1'1,,,/1 hG EO/ely dna e:xcill.live/y respOIlSlbie jor m(fintaitllllg (fn doors, mcilliling-

.the aircrgO hangar dOOK6, "'ftl the-if I espeetiw BfJer-ati."fg Iffedtunisms in good I epair." Lessor 

undertakes no responsibility to keep safe or protect the personal property of Lessee or to protect 

Lessee from casualty to the Premises. All repairs, replacements and renewals shall be equal or 

better in quality and class to the original work. Should Lessee fail to make required repairs or 

maintenance, Lessor, in its discretion, may contract with an independent contractor it deems 

competent to fulfill Lessee's duties under this Article; however, Lessor shall have no duty to begin 

such repairs or maintenance until such time as Lessee makes arrangements satisfactory to Lessor 

for payment of said repairs or maintenance. Lessor shall be under no obligation to inspect or 

make any inspections in order to determine when repairs or maintenance are necessary. Lessee 

shall notify Lessor in writing when any repairs or maintenance to the structural components are 

required. Lessor undertakes no responsibility to keep safe or protect the personal property of 

Lessee or to protect Lessee from business interruption in the event of building leak or other 

casualty to the Premises. Lessee shall obtain Lessee's own personal property insurance, business 

interruption insurance, liability insurance for liability to persons coming onto the Premises and 

insurance for other consequential damages Lessee might suffer from its occupancy of the 

Premises. Lessor shall not obtain insurance to cover Lessee for any losses or claims. In the event 

of major damages to the Premises, Lessor shall, at its sale discretion, have the option of replacing 

the Premises in their entirety, moving Lessee to a suitable location elsewhere on its property, or 

terminating this Agreement. 

ARTICLE YII -UTILITIES 

Lessor shall supply access to water, natural gas and electricity to the extent and capacity 

of the currently existing mains, lines, transformers, and panels. To the extent Lessee requires 

services in excess of those normally provided by Lessor as contemplated and included in the 

Utility Fee set forth in Article IV (B) above, Lessee shall be solely responsible for the payment of 

all such services, including any charges for additional utilities, telephone, trash removal, 

hazardous waste removal, and other services used by Lessee in or on the Premises, to include 

hook-up fees, advance deposits, or other such costs. Any accounts maintained for such additional 

services shall be maintained solely in the name of Lessee. Any such additional services to be 

provided on Airport property must be approved by the Director of Airports, which approval may 

be withdrawn at any time for any reason. 

ARTICLE VIII - TAXES, 

HCDA·000085 
FEES. ASSESSMENTS 

All taxes or governmentally imposed fees or assessments in any way incurred upon the 

Premise, any improvements thereon or part thereof, or by virtue of Lessee's occupancy or use 

thereof, shall be borne solely by Lessee. Without any manner limiting this paragraph, Lessee shall 

absorb all sales taxes, if any, assessed or levied on account of any monies payable by Lessee to 

Lessor hereunder. 

ARTICLE IX - LIENS AND MORTGAGES 

Lessee shall keep the Premises and all personal property of Lessor therein or thereon free 

and clear of liens of any kind, whether such liens are valid or invalid. Lessee shall defend, 

indemnify and save Lessor harmless against all costs, expenses, loss, loss of use, damages, and 

attorney's fees resulting from the filing of liens against the Premises by any person. 

If any liens are filed as described herein, Lessee shall immediately begin remedial actions 

to remove said lien. If, after thirty (30) days, Lessee has not caused the lien's removal from the 

Premises, Lessor may take whatever action it deems necessary to defend its title to the Premises. 

This remedy shall be in addition to any other remedies specified elsewhere herein. 

Lessee shall not cause a mortgage or other like security interest to be placed upon the 

Premises. 

ARTICLE X - ASSIGNMENT. ASSUMPTION OR SUBLETTING OF LEASE 

Lessee shall not assign, permit the assumption of or in any manner transfer any interest in 

this Agreement, or any part thereof, without the prior written consent of the Lessor. Lessee shall 

not sublease all or any part of the Premises. 

If Lessee assigns, permits the assumption of or in any manner attempts a transfer of its 

interest in this Agreement without the prior written consent of the Lessor, Lessor, at its sole 

discretion, may declare this entire Agreement null and void. If Lessor declares this Agreement null 

and void as a result of the acts described herein, Lessee shall immediately cease all activity in or 

on the Premises and vacate the Premises within ten (10) days of notice of Lessor's intention. 

If this lease or any interest of Lessee therein be assigned after having obtained Lessor's 

HCDA-000086 
prior written consent thereto, Lessee shall nevertheless remain fully liable for the full performance 

of all obligations under this lease to be performed by Lessee and Lessee shall not be released 

therefrom in any manner. 

ARTICLE XI - CHANGE IN OWNERSHIP 

CONTROLIMANAGEMENT OF LESSEE 

see specifically acknowledges that Lessor leases the P 

among rs, of the Lessee's current rnanage01e , control and ownership. Lessee 

specifically acknowle s that Lessor reserves the right approve or disapprove, at Lessor's sole 

discretion, any significant C 1 e in management 'ucture or ownership. This includes, without 

limitation, contracting for O1anage01 scrvi s, sale of stock, and acquisition of a controlling 

interest in Lessee by any party other th atties currently in control. Lessor also specifically 

reserves the right and Lessee spec' ally grants th .. ht of Lessor to approve or disapprove, at 

Lessor's sole discretion, any ange of the form of Lessee xfstence as a business entity. Any 

change of Lessee in an anner described in this Article withou prior written approval of 

Lessor shall be an ent of default. The Lessor, at its sale discretion, rna I'sue any rights or 

Ie to it under the terms of this Agreement. 

ARTICLE XII - INDEMNITY 

A. Indemnification and Hold Harmless. Lessee shall protect, indemnify, defend 

(with counsel satisfactory to Lessor) and hold Lessor and Lessor's council members, directors, 

officers, committees, employees and agents completely harmless from and against any and all 

liabilities, losses, suits, claims, judgments, fines, or demands arising by reason of injury or death of 

any person or damage to any property, (including, but not limited to, attorney fees, court costs, and 

expert fees), of any nature whatsoever, arising out of or incidental to this Agreement, the use or 

occupancy of the Premises, or the actions and/or omissions of Lessee's directors, officers, 

committees, agents, employees, contractors, subcontractors or licensees; however, the above 

indemnity shall not apply to atly injury, death or damage caused by the sole negligence of Lessor. 

Lessee shall give reasonable notice of any such claims or actions. The provisions of this section 

shall survive the expiration or early termination (including default) of this Agreement. 

B. Environmental Indemnification. Lessee shall also indemnifY, defend (with 

counsel satisfactory; to Lessor), and hold Lessor, its council members, officers, employees, 

agents, assigns, and any successors to Lessor's interest in the leased Premises, harmless from and 

against any and all loss, cost, damage, expense, claim, cause of action, judgment, penalty, fine or 

HCDA·000087 
.... if' / 

lia . itY' .. ,directly or indirectly, relating to or arising from the use, storage, release, d7(ge, 

handlin or presence of Hazardous Materials on, under, or about the leased pr~ses or the 

Airport in violation of Lessee's obligations under this Agreement (,'Haza .dous Materials 

Release"). This' ldemniflcation shall include, without limitation, (a) persa injury claims, (b) 

(c) diminution in the value of the leased Premis or Airport, (d) damages 

for the loss or restrictio n use of the leased Premises or the Aifi~ , (e) sums paid in settlement 

of claims, (I) actual attorney ees, consulting fees, court cost nd expert fees, (g) the cost of any 

investigation of site conditions, (11) the cost of any pair, cleanup, remedial, removal, or 

restoration work or detoxification by ny Governmental Authorities or deemed 

necessary in Lessor's reasonable judgme 

Lessor shall have the right but not the obI' a 

elects, any legal proceedings or act' 

i:I any fines associated with Lessee's activities. 

to join and participate in, and control, if it so 

connection with the Hazardous Material 

Release. Lessor may also negotia ,defend, approve, an cal any action taken or issued by any 

applicable Governmental Au orities with regard to a Hazardo Materials Release. Any costs or 

expenses incurred by ssor for which Lessee is responsible der this Paragraph or this 

Agreement and has' demnified Lessor, (i) shall be paid to Lessor on d and, during the term of 

s additional rent; and (ii) from and after the expiration or arlier termination of 

the Agree ellt shall be reimbursed by Lessee on demand. Lessee's obligation ursuant to the 

fore mg indemnity shall survive the expiration or termination of this Agreement d shall bind 

_essee's successors and assignees and inure to the benefit of Lessor's successors and assigns. 

C. Regulatory Indemnification. Lessee shall also indemnity, defend (with counsel 

satisfactory to Lessor), and hold Lessor, its council members, officers, employees, agents, assigns, 

and any successors to Lessor's interest in the leased Premises, harmless from and against any and 

all loss, cost, damage, expense, claim, cause of action, judgment, penalty, fine or liability, directly 

or indirectly, relating to or arising from violation by Lessee, its agents, contractors, or anyone 

affiliated with Lessee of any local, state or federal laws, rules, regulations or ordinances that are or 

may become applicable to its activities under this Lease, including, but not limited to, any and all 

requirements of the Federal Aviation Administration ("FAA'). 

ARTICLE XIII - INSURANCE 

Lessee shall, at its sole cost, purchase and keep in force at all times during the term hereof, 

a policy or policies of insurance, issued by an insurance company of generally recognized 

responsibility and licensed to do business in the State of South Carolina, insuring Lessee against 

all liability for property damage, environmental liability, and personal injury (including death) 

arising or alleged to arise out of any activity of failure to act of Lessee on, about, or with respect 

to, the Premises. Lessor shall be named in all insurance policies of the Lessee as an additional 

HCDA-000088 
insured. Lessee shall provide Lessor with a certified copy of all policies of insurance required 

under this Agreement. Said policy or policies shall also contain a contractual liability endorsement 

expressly naming Lessor as an additional insured on this policy. 

The combined single limit of liability of the aforesaid policy or policies shall not be less 

than Two Million and Noll 00 ($2,000,000.00) Dollars per occurrence. Lessor reserves the right to 

adjust these limits from time to time, at Lessor's sole discretion, to adequately protect its interests. 

Lessor further reserves the right to reject, at any time, any insurance Lessee selected by Lessee. 

Upon written notification, Lessee will immediately obtain a replacement policy or policies with an 

insurance Lessee satisfactory to Lessor. 

Lessee, unless otherwise exempt, shall purchase at its own cost, worker's compensation 

insurance on all of its employees. Lessee's workers compensation insurance shall meet the 

requirements of the South Carolina Workers Compensation Commission and the South Carolina 

Department of Insurance. 

Lessee shall purchase, at its own cost, casualty insurance covering all of Lessee's or 

Lessee's customers' personal property to be located on the Premises, regardless of the length of 

time said property is to be located on the Premises. Lessee shall also purchase, at its own cost and 

in its sale discretion" such business interruption or other insurance to protect Lessee's interests in 

the event of major or minor damage or disaster to the leased Premises. 

Lessee shall purchase, at its own expense, an environmental andlor pollution legal liability 

insurance policy. The minimum acceptable coverage of this policy shall be One Million and Nol 

100 ($1,000,000.00) Dollars per occurrence. Lessor shall be named as an additional insured on this 

policy. 

For all policies of insurance specified in this Article XIII, Lessee shall provide evidence 

thereof in the form of a certificate of insurance showing the name of the entity providing such 

coverage, the extents of such coverage, the identification of Lessor as an additional named insured 

thereon, and an express assurance that Lessor shall be given at least thirty days written notice prior 

to any cancellation of such policy or any material alteration of terms of coverage. 

ARTICLE XIV - ENTRY OF LESSOR/RIGHT OF INSPECTION 

Lessor may, but does not have the obligation to, at all reasonable times, enter the Premises 

to inspect or protect the Premises; effect compliance with any law, order or regulation of any 

HCDA-000089 
lawful authority or with the provisions of this Agreement; exhibit the Premises to prospective 

tenants, purchasers or other persons; make repairs required of Lessor in Article VI; alter or 

otherwise prepare the Premises for re-occupancy at any time after Lessee has vacated the Premises. 

ARTICLE XV - DEFAULT 

A. Event of Default. Occurrence of any of the following events ("Event(s)" or "Event 

of Default") shall be sufficient for Lessor to deem Lessee in default of its obligations under this 

Agreement: 

1. Failure in the payment, without no lice or demand, of any fees or other 

charges due to Lessor under this Agreement and continuance of such failure in payment 

for a period often (10) days thereafter. 

2. Failure in the performance or breach of any other covenant, obligation or 

duty imposed by this Agreement by Lessee (other than the payment of fees or other 

charges due Lessor) and the continuance of such failure in the performance or breach for 

a period of thirty (30) days after Lessor has given Lessee written notice of such failure in 

the performance or breach. 

3. Filing by Lessee of a voluntary petition in bankruptcy or the voluntary 

assignment of all or substantially all of Lessee's assets for the benefit of Lessee's 

creditors or Lessee is adjudicated bankrupt in an involuntary proceeding in bankruptcy. 

4. Failure to utilize the Premises for its intended uses at a reasonable level, 

after receipt of written notice, and continuance of such failure for a period of thirty (30) 

days thereafter. 

B. Remedies Upon Default. Upon an event of default and after the passage of the 

notice period set forth herein (if required), Lessor, at its sole option, may terminate this Agreement. 

Upon such termination, Lessee will quit the Premises and surrender possession to Lessor, but 

Lessee will remain liable for any unpaid rent and other unpaid obligations and lost rentals under 

HCDA-000090 
this Lease. 

C. Waiver. No waiver by Lessor of default by Lessee in performance of any term or 

terms of this agreement shall be construed to be a waiver of any subsequent default. The 

acceptance of rent or the performance of all or any part of this Lease Agreement by Lessor, for or 

during any period or periods after a default in performance by Lessee, shall not be deemed a 

waiver of any right on the part of Lessor to declare a default or terminate this Lease Agreement for 

a subsequent breach thereof. 

D. Termination of Agreement. In the event Lessor shall terminate this agreement or 

Lessee's right to possession or occupancy of the leased premises as provided herein, Lessee shall 

promptly vacate the premises, surrender and deliver possession thereof to Lessor, and at its sole 

expense remove from the leased premises within ninety (90) days all signs, trade fixtures, 

furnishings, personal property, equipment, and materials which Lessee was permitted to install and 

maintain under the rights granted herein. Any of Lessee's property not removed within ninety (90) 

days shall become Lessor property. 

ARTICLE XVI - NOTICE 

Any request, demand, authorization, direction, notice, consent or waiver provided, required 

or permitted to be made upon, given by or furnished to Lessor or Lessee shall be sufficient for 

every purpose hereunder if in writing and mailed by United States Mail,( certified <l( registered 

mailll,Poitage !3r~pai*"and addressed as follows: JlrtJ~ 

TO LESSOR AT: 

Horry Department of Airports 

Attn: Director of Airports 

1100 Jetport Road 

Myrtle Beach, SC 29577 

With a copy to: 

Horry County Attorney's Office 

130 I Second Avenue 

Conway, SC 29526 

TO LESSEE AT: 

Barnstormers Aerial Advertising, LLC 

C/O Mr. David Robertson 

HCDA·000091 
P.O. Box 1728 

North Myrtle Beach, SC 29598-1728 

Either parD' from time to time may change its address by w";tten notice to the other 

parD" Notices hereunder shall he deemed effective when delivered by hllnd delhery or 

overnight courier with return receipt, or upon receipt ffl"tluee days sHu del'",it ill the Otfll.-

...united States mei' eel tifiul or I'eg-isteroo mail. return receipt requested, whichever occurs 

'Sooner. 

ARTICLE XVII - SURRENDER OF POSSESSION 

Lessee shall yield and deliver possession of the Premises to Lessor at the expiration or 

earlier termination of this Agreement, including the expiratIon or tennination of any renewal or 

extension of this Agreement, "broom clean" and in good condition, except for reasonable, ordinary 

wear and tear, except for the effects of fire or other casualty not the fault of Lessee. 

ARTICLE XYIII - LESSOR'S RIGHT TO RECAPTURE PREMISES 

Lessor shall have the right to recover the use of the Premises, or any portion thereof, 

during the term of this Agreement or any renewal with thirty (30) day written notice by Lessor to 

Lessee. Upon exercise of these recapture rights, Lessor shall relocate Lessee to a comparable 

facility or facilities, ifllfl~ stleh life &>oaila b1e, at the Grand Strand Airport. 

'Q\'tARTICLE XIX - DAMAGE TO PREMISES 

Ifall or any portion of the Premises required to be maintained by Lessee shall be partially 

damaged by fire or other casualty through no fault of Lessee, but not rendered unusable in Lessor's 

sole opinion, the Lessee shall repair the damage with due diligence at Lessee's expense and there 

will be no abatement of rent. However, if Lessee elects not to effect repairs, Lessee shall 

immediately vacate the Premises and this Lease Agreement will be declared terminated. 

If all or any portion of the Premises required to be maintained by Lessor shall be damaged 

by fire or other casualty, but the damage can be repaired in less than sixty (60) days from the date 

of the beginning of the repairs in Lessor's sole opinion. Lessor mav. in its discretion. proceed with 

HCDA-000092 
the repairs with due diligence, at Lessor's expense, and the rental will be equitably adjusted or 

abated until the damage has been repaired, if the damage resulted from no fault of Lessee. 

In the event the Premises or a substantial part thereof, through no fault of Lessee, IS 

completely destroyed by fire or other casualty or so damaged that repairs could not be completed, 

in Lessor's sole opinion, within sixty (60) days from the date of the beginning of the repairs, then, 

at the option of Lessor, either: (1) said Premises shall be repaired or reconstructed with due 

diligence by Lessor at Lessor's expense and the rental shall be equitably adjusted or abated during 

the reconstruction; or (2) Lessor shall give the Lessee notice terminating this Agreement without 

further obligation to Lessee. Lessor shall make the election under this Article within ninety (90) 

days ofthe fire or other casualty causing the damage or destruction. Lessee shall be responsible for 

damages and cost of repairs or reconstruction that result from fire or casualty resulting from 

Lessee's, or Lessee's employees', suppliers', or invitees' negligent or willful conduct. 

Lessor and Lessee agree to each obtain their own casualty insurance as to their own 

property. In the event of casualty, all of Lessor's casualty insurance proceeds shall be paid to 

Lessor.] 

ARTICLE XX - FORCE MAJEURE 

Neither Lessor nor Lessee shall be deemed in violation of this Agreement if either is 

prevented from performing any of its obligations hereunder by reasons of strikes, boycotts, labor 

disputes, embargos, shortages of materials, acts of God, acts of the Public Enemy, acts of superior 

governmental authority, floods, riots, rebellions, acts of sabotage, or other circumstances over 

which the parties have no control; however, this Article shall in no case be construed to excuse 

Lessee from paying Lessor any monies due hereunder. In any case where either party believes this 

Article applies, such party shall promptly give the other party written notice of Force Majeure 

preventing performance. 

HCDA·000093 
Lessee, at Lessee's sale cost and expense, shall observe and obey and shall require its 

employees, suppliers and business invitees to observe and obey all present and future federal, state, 

county, local or Department of Airports laws, statutes, ordinance, codes, rules or regulations 

relating to the use or occupancy of the Premises, relating to tbe use or occupancy of vehicle 

parking areas, aircraft operations areas and any other areas to which Lessee has access pursuant to 

this Agreement or any activities of Lessee, its employees, suppliers, and invitees undertaken on or 

near any of the areas. As used herein, laws, statutes, ordinances, codes, rules or regulations include, 

without limitation, all of the same dealing with any substance that is listed, defined, or regulated as 

a hazardous substance, hazardous water, or otherwise classified as hazardous or toxic by any of the 

foregoing governmental entities or any agency or department thereof, and includes all of the same 

dealing with asbestos, radon, any polychlorinated biphenyl, urea, formaldehyde foam insulation, 

explosive or radioactive material, motor fuel or other petroleum hydrocarbons, or which causes or 

poses a threat to tbe environment or to the health or safety of persons on or near the Premises. As 

to disposal of such substances, Lessee will maintain a contract with a licensed and recognized 

waste disposal company that meets the criteria for such companies as tbey may be changed from 

time to time by the Department of Airports. When requested, Lessee will provide Lessor with a 

written copy of the contract and a current letter from the contractor acknow 1 edging that the 

contract is in effect. Lessee agrees to indemnify and hold Lessor harmless from any and all 

penalties, losses, liabilities and costs, including attorney's fees, remediation costs, and laboratory 

and investigative costs arising from Lessee's failure to comply witb this Section. 

ARTICLE XXII - ENVIRONMENTAL COMPLIANCE 

Lessee agrees tbat it will comply with all federal, state, county, and local laws, rules, 

regulations and standards that are or may become applicable to its activities under this Lease, and 

it is responsible for obtaining any environmental permits required for its operations under the 

HCDA·000094 
Lease. 

ARTICLE XXIII - GOYERNING LAWS AND VENUE 

This Agreement shall be governed by and construed in accordance with the laws of the 

State of South Carolina. Any cause of action between the parties arising out of or involving this 

Agreement shall be brought in the Court of Common Pleas, or if applicable, Magistrate's Court (or 

any other Court of like or similar name with identical jurisdiction), Fifteenth Judicial Circuit, 

Horry County, South Carolina. 

ARTICLE XXIV - PRIOR AGREEMENTS SUPERSEDED 

Any prior agreements between the parties with respect to the Premises, whether written or 

oral, are superseded by this Agreement and made a nullity. This Agreement constitutes the entire 

agreement of the parties with respect to its subject matter and it may not be modified, amended or 

extended except by a subsequent instrument executed with the same formalities as this Agreement. 

ARTICLE XXV - INVALIDITY 

In the event that any provisions, portions, or applications of any provisions of this 

Agreement are held unenforceable or invalid by any Court of competent jurisdiction, the validity 

and enforceability of the remaining provisions, or portions or appl ications thereof, shall not be 

affected, and Lessee and Lessor shall promptly negotiate revisions to the affected provisions, or 

portions or applications thereof, with a view to effecting, as close as possible, the original 

intentions of the parties. 

ARTICLE XXVI - NON-DISCRIMINATIONITITLE VI 

Lessee for itself, its successors and assigns, as part of the consideration hereof, does 

hereby covenant and agree as a covenant running with the Premises that: 

(I) No person on the grounds of race, color, or national origin shall be excluded from 

HCDA-000095 
participation in, denied the benefit of, or otherwise be subjected to discrimination in the use of the 

Premises; 

(2) In the construction of any improvements hereon, over or under such land and the 

furnishing of services thereon, no person on the grounds ofrace, color, or otherwise be subjected to 

discrimination; 

(3) Lessee shall use the Premises in compliance with all other requirements imposed by 

or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, 

Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the 

Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said 

regulations may be amended. 

(4) Lessee further agrees that in the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate this Agreement and re-enter and 

repossess said Premises and hold the same as if said Agreement had never been made or issued. 

This provision shall not be effective until the proceedings outlined in Article 49, Code of Federal 

Regulations, Part 21, are followed and completed including exercise or expiration of appeal rights. 

(5) It is agreed and acknowledged that, pursuant to 49 CFR Pari 21 Appendix C(b)(2) 

(ii) and 28 CFR 42.405(c) lessee shall display in its public areas signage provided by Airport as 

required by the FAA stating that discrimination based upon race, color or national origin is 

prohibited. 

ARTICLE XXVII - CAPTIONS AND HEADINGS 

The titles of the Articles in this Agreement are included only as a matter of convenience 

and for reference and in no manner define, limit, broaden, or describe the scope or intent of any of 

the provisions of this Agreement. 

HCDA-000096 
ARTICLE xxm -WAIVER 

Continued performance by either party pursuant to the terms of this Agreement after a 

default in any of the terms, covenants, provisions andlor conditions by the other party, shall not be 

deemed a waiver of any right to terminate this Agreement or pursue any other remedy available at 

law or in equity for the default, and no waiver of any default shall be construed as, or act as, a 

waiver of any subsequent default, of the same, similar or different term, covenant, provision and! 

or condition. 

ARTICLE XXIX - REMEDIES CUMULATIVE 

All Lessor's remedies arising out of this Agreement or provided by statute shall be 

cumulative and no single remedy shall be exclusive of another. The election of one remedy by 

Lessor shall not operate to foreclose any other remedy. 

ARTICLE XXX - SECURITY DEPOSIT 

Lessee shall place on deposit with Lessor a security fee equal to two month's base rental 

for the facilities. Lessee covenants and agrees that Lessor may use this security fee against any and 

all 

unpaid indebtedness legally owed by Lessee to the Lessor. If Lessor is required to utilize any 

portion of this security fee during the term of this Agreement, or any subsequent renewal term, the 

Lessee shall replenish the security fee up to the equivalent of two month's base rental. 

ARTICLE XXXI - EFFECTIVE DATE 

This Agreement shall become effective on the date specified herein below. Lessor and 

Lessee specifically covenant and agree that this Lease shall not become valid until and is entirely 

contingent upon the approval of, by three readings of an ordinance, of the Horry County Council. 

HCDA-000097 
IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day 

and year ascribed herein. 

WITNESSES: FOR LESSOR: 

HORRYCOUNTY 

By: __________ _ 

Wjtness#l Its: Administrator 

Witness #2lNotary Public 

WITNESSES: Page 21 FOR LESSEE: 

HCDA·000098 
Witness #1 

Witness #2lNotary Public 

WITNESSES: 

Witness #1 

Witness #2lNotary Public 

STATE OF SOUTH CAROLINA ) 

COUNTY OF HORRY 

) 

) Page 22 

BARNSTORMERS AERIAL 

ADVERTISING, LLC 

BY:~~'----.---'-W- __ Its: 1Jt.u/,.;;--. 

GUARANTOR: 

Print Name: ___________ _ 

PROBATE AS TO LESSOR 

HCDA-000099 
• 

STATE OF SOUTH CAROLINA 

• 

PERMIT FOR BANNER TOW OPERATIONS 

AT GRAND STRAND AIRPORT 

COUNTY OF HORRY 

) 

) 

) 2008 

THIS OPERATING PERMIT, made and entered into this 15th day of March, 2008, by and 

between Horry County, a body politic ("County"), owner and operator of the Grand Strand Airport 

("Airport"), North Myrtle Beach, South Carolina, and Barnstormer Flite Signs, Inc., a corporation 

organized and existing under the laws of South Carolina ("Company"). County agrees to permit Company 

to conduct banner tow activities from the Grand Strand Airport on the terms and conditions set forth 

below. For the purpose of this Permit, a "Season" is defined as the seven-month period between March 15, 

and October 15. 

WITNESSETH: 

WHEREAS, County is the operator of the Airport, located in North Myrtle Beach, South 

Carolina; and 

WHEREAS, Company is engaged in the business of providing commercial banner tow flights; 

and 

WHEREAS, Company wishes to use the aeronautical facilities of the airport in connection with 

its banner tow activities; 

NOW, THEREFORE, in consideration of the promises hereinafter contained, County and 

Company agree as follows: 

1. Terms of Permit. The term of this Permit is from March 15,2008, through October 15, 

2008. 

2. Permit Area. Company will be permitted to conduct banner tow activities at area number 

two (2) only, as shown on attachment 1. 

3. Permit Fee. For the term of this Permit, March 15, through October 15, 2008, Company 

will pay County a non-refundable season fee of $2,000, which will allow for operating two aircraft under 

this Permit. An advance deposit and minimum fee of$2,000.00 shall be paid prior to approval of 

operations under this permit. For each additional aircraft (above two) an additional $285.00 per month, 

will be charged. 

Any aircraft (above two) used by the Company to accomplish banner tow operations under 

this permit at any time during a calendar month shall be considered as operating for the entire month 

period. The compensation to the County shall be made based on the total number of additional aircraft 

operated during each month, regardless of down time for maintenance or any other reason. 

HCDA·000100 
• • 

4. Payment of Fee and Late Charges. Payment of fees for additional aircraft is due the 

County on the 15th day of the month for the preceding 30 day period of operation and shall be based on the 

total number of aircraft operating (above two) during that period. Failure to pay by the 15th day of the 

month shall constitute default. Late payment charges of one and one-half percent will be assessed on 

overdue accounts after the 25th day of each month. Payment oflate charges shall not excuse default. 

5. Advance DepositlMinimum Payment and Required Aircraft Information. A nonrefundable, advance deposit and minimum payment for the Permit Fee consisting of the rate set forth 

above for shall be paid by the Company to the County on or before March IS, 2008. Prior to March 15, 

2008, Company will provide the County with the number of aircraft, by tail number, that will be 

conducting activities at the designated area. Based on air traffic considerations, the County may limit the 

number of aircraft a company may simultaneously operate. 

6. Prior Registration of Aircraft. All aircraft operating under this Permit shall be 

registered with the County prior to operation ofthe aircraft for banner tow activities at the Airport. 

Company shall use the attached form for registration (see Attachment 2). 

7. Laws, Rules, Regulations and Procedures. Company shall comply with the following: 

A. Company shall observe and comply with all Federal, State and local laws, rules, 

regulations, County and City ordinances, and directives of the Harry County Department of 

Airports, which now exist or which may be hereinafter be enacted or adopted. Company will 

provide at its cost, all licenses, permits and authorizations, as may be necessary and proper. 

Company will be required to attend an annual FAA sponsored South Carolina Banner Tow Special 

Provisions meeting with FAA Flight Standards, local Air Traffic Control, Airport Management 

personnel and the other Banner Tow Operators, prior to conducting operations, to establish 

operating procedures and other matters related to this Permit. 

B. Company will yield traffic priority of its banner pick-ups and drops to allow transient and 

other aircraft to land and takeoff. The priority of traffic will be at the best judgment and discretion 

of the air traffic control tower. 

C. The County will provide launch and recovery areas west of the runway for the Company's 

operations (see Attachment I). Company shall provide adequately trained ground crews to handle 

the banner towing launch and recovery, and to recover banners that are dropped on the active 

runway or off the airport property. Ground crews shall have two-way radio contact with the air 

traffic control tower for access to the airport launch area and during banner tow activities. 

D. All banners must be adequately secured in the launch area to preclude their being blown 

about by high winds. No overnight storage of banners will be permitted in the launch and drop 

areas. 

E. If Company plans to do any self-fueling of its aircraft, it must comply with the Horry 

County Department of Airports' self-fueling policy letter and obtain a self-fueling penn it No 

fueling operations will be conducted in the launch and recovery areas. 

8. Hold Harmless and Indemnification. Company shall protect, defend (with counsel 

satisfactory to County), indemnifY, and hold County, its Council members, advisory board members, 

officers, agents, employees and assignees harmless from and against any and all claims, debts, liabilities, 

losses, judgments, penalties, fines, costs, damages, expenses (including reasonable attorney fees, court 

costs and expert fees), or demands arising by reason of injury or death of any person or damage to any 

property, or any cause of action of any nature whatsoever, in law or equity, arising out of or incidental to 

this Permit or the use of the Airport, or the acts or omissions of Company or Company's directors, officers, 

agents, employees, contractors, subcontractors Or licensees; however, said indemnity shall not apply to any 

injury, death, or damage caused by the sole negligence or willful misconduct of County. The provisions of 

this section shall survive the expiration or early termination of this Permit. 

2 HCDA-000101 
• • 

9. Environmental Indemnification. Company shall indemnify, defend (with counsel 

satisfactory to County), and hold County. its council members, officers, employees, agents, assigns, and 

any successors to County's interest in the premises, harmless from and against any and all loss, cost, 

damage, expense (including reasonable attorney fees), claim, cause of action, judgment, penalty, fine or 

liability, directly or indirectly, relating to or arising from the use, storage, release, discharge, handling, or 

presence of Hazardous Materials on, under, or about the premises or the Airport in violation of 

Company=s obligations under this Permit ("Hazardous Materials Release"). This indemnification shall 

include without limitation (a) personal injury claims, (b) the payment of liens, (c) diminution in the value 

of the Airport, (d) damages for the loss or restriction on use of the Airport, ( e) sums paid in settlement of 

claims, (f) actual attorneys' fees, consulting fees, and expert fees, (g) the cost of any investigation of site 

conditions, and (h) the cost of any repair, cleanup, remedial, removal, or restoration work or detoxification 

if required by any Governmental Authorities or deemed necessary in County's reasonable judgment. 

County shall have the right but notthe obligation to join and participate in, and control, if it so elects, any 

legal proceedings or action initiated in connection with the Hazardous Materials Release. County may also 

negotiate, defend, approve, and appeal any action taken or issued by any applicable Governmental 

Authorities with regard to a Hazardous Materials Release. Any costs or expenses incurred by County for 

which Company is responsible under this Paragraph or for which Company has indemnified County, (i) 

shall be paid to County on demand, during the term of this Permit as an additional fee; and, (ii) from and 

after the expiration or earlier termination of the Permit shall be reimbursed by Company on demand. 

Company's obligations pursuant to the foregoing indemnity shall survive the expiration or termination of 

this Permit and shall bind Company's successors and assignees and inure to the benefit of County's 

successors and assignees. 

10. Insurance. Company agrees to carry and keep in force a policy or policies of public 

liability insurance throughout the term of this Permit, with an insurance company or companies of 

recognized responsibility and acceptable to the County, covering the bodily injury and property damage 

liability that Company has agreed by this Permit to hold the County, its Council members, directors, 

agents, officers, and employees harmless against and to indemnify. Company agrees to carry and keep in 

force such insurance with limits of liability for death, personal injury and property damage in an aggregate 

sum equal to not less than one million ($1,000,000.00) Dollars. Said policy or policies shall name the 

County as an additional insured to the extent ofthe indemnification obligation hereunder. Certificate or 

certificates evidencing such insurance coverage shall be filed with the County prior to the date Company 

commences use of the Airport and said certificate or certificates shall provide that such insurance coverage 

will not be canceled, reduced or materially changed without at least thirty (30) days prior written notice to 

the County. At least thirty (30) days prior to the expiration of any such policy, a certificate showing that 

such insurance coverage has been renewed or extended shall be filed with the County. If such coverage is 

canceled, reduced or materially changed, Company shall, within ten (10) days after receipt of written 

notice, file with the County a certificate or certificates showing that the required insurance has been 

reinstated or provided through another insurance company or companies. 

II. Non Discrimination. 

A. Company warrants that it wiii undertake an affirmative action pian in conformance with 

14 CFR Part 152, Subpart E, to insure that no person shall, on the grounds of race, creed, color, 

national origin or sex, be excluded from participating in any employment contracting or leasing 

activities covered in 14 CFR Part 152, Subpart E. Company assures that no person will be 

excluded on such grounds from participating in or receiving the services or benefits of any 

program or activity covered by Subpart E. Contractor further agrees that it will require that its 

covered sub-organizations provide assurances to Company that they similarly will undertake 

affirmative action plan and that they will require like assurances from their sub-organizations, as 

3 

HCDA-000102 
• • 

required by 14 CFR Part 152, Subpart E. 

B. Company warrants that no person shall, on the grounds of race, creed, color, national 

origin, sex, age or disability, be excluded from participating in any activity conducted under this 

Permit, or excluded from the benefits offered by Company to the general public, or otherwise be 

subject to discrimination. 

C. Company covenants it shall operate in compliance with all other requirements imposed by 

or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, 

Office of the Secretary, Part 21, Non-Discrimination in Federally - Assisted Programs of the 

Department of Transportation - Effectuation of Title VI ofthe Civil Rights Act of 1964; and as 

said regulations may be amended. 

12. Termination. 

A. This Permit may be terminated by either party for any reason upon thirty (30) days prior 

written notice to the other party. 

B. This Permit may be immediately terminated for any of the following reasons: 

1) The loss ofiicense, permit or authorization by Company that prohibits the 

performance of the Permit that cannot be corrected within ten (10) days. 

2) Failure of Company to attend the annual FAA joint procedures meeting. 

3) Failure of Company to maintain insurance on each operational aircraft. 

4) Failure of the Federal Aviation Administration to maintain air traffic control 

services at the Airport. 

13. Assignment. Company shall not assign this Permit or any right or privilege connected 

herewith. 

14. Notice. Whenever any notice is required by this Permit to be made, given or transmitted 

to the parties hereto such notice shall be deemed to have been given if enclosed in an envelope with 

sufficient postage attached, and sent by certified mail and deposited in the United States Mail addressed to: 

A. As to Horry County: 

Horry County Department of Airports 

1100 Jetport Road 

Myrtle Beach, SC 29577 

(843) 448-1580 

Attention: Deputy Director, General Aviation 

B. As to Company: 

Barnstormer Flite Signs, Inc. 

Attn: David Robertson 

Post Office Box 1728 

North Myrtle Beach, South Carolina 29598 

843-272-5403 

4 

HCDA-000103 
• • 

15. No Possessory Interest In Premises. Company is not granted any possessory interest or 

license in any premises at Grand Strand Airport under this Permit. 

IN WI1NESS THEREOF, the parties have caused this Permit to be executed by their duly 

authorized officers the day and year first above-written. 

ATTEST: 

LN-ulJCJ By: 

Its: 

ATTEST: Barnstormer Flite Signs, Inc. 

By: 

./ Its: 

HaRRY COUNTY ATTORNEY: 

~-mt 

5 

HCDA-000104 
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Figure 3~) 

" 

-' 
'~~~eh~~~::nmay be i~~~:dC~~:~~;1~Plication i Form Approved O.MB.No 2120-0027 

f.) us Department of Transportation , APPLICANTS .. DO NOT USE THESE 

Federal Aviation Administration ! Region 1 Date MAR :; i 1 SO FSDO 13 2008 }. 

i 

• 

APPLICATION FOR i Acti!;,{, 

i : " [J 0" j .. Explain under "Reme",'" 

CERTIFICATE OF WAIVER 

OR AUTHORIZATION i~/ -v"fJ fI). £l H.Tll HJ_CLAf~':> 

INSTRUCTIONS I 

Submit this application in triplicate (3) to any FAA Flight fighting equipment. The applicant may also wish to submit 

Standards district office. photographs and scale diagrams as supplemental material to 

assist in the FAA's evaluation of a particular site. Application 

Applicants requesting a Certificate of \Naiver or Authoriza- for a Certificate of Waiver or AuthoriZation must be submittion for an aviation event must complete all the applicable ted 45 days prior to the requested date of the event 

items on this form and attach a properly marked 7 _5 series 

Topographic Quadrangle Map(s), published by the U.S. Applicants requesting a Certificate of Waiver or Authorlz3+ 

Geological Survey (scale 1:24,000), of the proposed operat+ tion for activities other than an aviation event will complete 

ing area. The map(s) must include scale depictions of the items 1 through 8 only and the certification, item 15. on the 

flight!lnes, showllnes, race courses, and the location of the reverse. 

air eve~t control point Police dispatch, ambuiance, and fire 

1 Name of organization i 2.Nameof: , person 

8A1:"W';:.l2>"~ Ark ~ i: <t"-'S' i b ...... ~ ~loe"'*'S;OI\ 

3 ,. , House number and street or route number Cit; State and ZIP code Telephone No. 

mailmq ,p./l. (£,O..r n? g . ,.rOf'L-TH j'V\",~ address ""U t;( ~C"'" ~~ ·IHd.-S'-lO 3 4. FAR section and number to be .. "aived 

r-1a , 

5. Detailed descriplion of proposed operation (Attach supplerr.ent if needed) -

Co "" " (( f\--<, Soc.:p-t en .. . (Cd "0 , Ad (6 P .. '" i . 

ACA/~ ,el-//~n s ~ / /.h",,~ HG../ - 6. Area oj opBratic-n (Location, altitudes, etc) 

';.C -f- ".,u _ C 

7a, Seglllning (Date and hour) 

3/'5-1/0 5 

! b. Ending (Date and ,'four) 

3';31/0"1 r r, -~( ~ :l. L~~ I c< $ ( 1. -, v ~ v , I . I 

8 Aircraft ::>'101'" "I?'":'.e ' ,."emb" I maKe (S~~:;;<e tddress ano moaei I IbJ I end rating , . . City, StaiE) (a) (c) ! (d) I 

, ;a'-f ~J .... ~'.C''-' :\6- 1J0't>Vi ~Wil t:u. i U'.1' - ~~ ~ 0 )Jl'Va, I &3.I:or Wit"! Wot:Jd. 7/1(A-f l1r-t L 

A j'y, 1t. , 1\'> ,;;.:~ ",--' i I 

~%Jlii , 

N'><l'l--,{ M i 

Ai L.( So <:' 

,~.., , ! 

NJr ' "" I 

p,'"",! I /oJ 7.. 3 't ') "'" 04<' .;..! , 

~ , I I I 

,,} 1..G. 1,..-"I ~ ~ (>"I'L , , , • i 

, , 

I i 

i i 

i ! I i I , 

'" i 

FAA - - .. - t" arm 7711-2 I,:>-bl Supersedes Pre'/,o\..'$ <::j:1'~r' , " . , , AFS dec. on,c "-cm-.~ S/~-",,:-r . Je.Forrn rorrnFlo'.v - .2, ,9SS 
AIRCRAFT CERTIfICATE OF INSURANCE 

Descriptive Schedule: 

Namecllnsured: 

Address: 

Company: 

Policy Number: 

Effective Date: 

Expiration Date: 

Aircraft Covered: 

I 

Barnstormer Flite Signs, Inc. 

c/o David Robertson 

PO Sox 1728 

North Myn:le Beach, SC 29598 

U. S. Specialty Insurance Company 

SAOOlS2122-02 

02/15/2008 

02/15/2009 

N21S0A, N3036M, N4421M, N3424M, N2397M 

AIRCRAFT LlABIUTY 

COVERAGES LIMITS OF LlABILITY 

A - Bodily Injwy liil billty $ Each Occurrence 

Excluding Passengers 

B - Passenger BOOlly Injury !$ Each Passenger 

i$ Each Occurrence 

C - Property Damage liability 1$ Each Occurrence 

,0 Single limit Bodily Injury I Property $ Each Occurrence 

Damage Liabilitv Excluding PiiSSenqers 

OL - Sing Is limit Bodily Injury I $ 100,000 each Passenger 

Property Damage Limited P!!ssengers $ 1,000,000 Each Occurrence 

Date: Apnl 2, 2008 

I 

I 

i 

i 

AIRCRAFT PHYSICAL DAMAGE .1 

F All Risks While NoUn M9"'t"'io"'n ____ 4~7 $ ______ L"'e:"s::::s_..c$:--___ -=O:::ed~u~ct~ib!!'le"_....jl 

G - All Risks While In Motion I $ Less $ Deductible 1 

Payment for aircraft physical damage under Co,erage For G will be made to the Named Insured and: 

(Absence of an entry means "no exception') 

This Certificate is issued to: WHOM IT MAY CONCERN 

See Policy Condition for Details 

With whom we agree, if possible, to notify 10 days before date of cancellation if policy should be cancelled, but the 

Company shall not be liable in any way for failure to give such notice. 

The above coverages are SUbject to all policy terms, conditions and exclusions. 

Date of issue: April 2., 2008 By: 

AuthorTzed 

/h~;b Repres€/1tVe f. ~~ 

HCDA·000107 

I 
• • 

GRA;-;D STRAND ATe TOWER AND U:--DERSIGNED BANNER TOW OPERATORS 

LETTER OF AGREEMENT 

EFFECT! VE: Febmary 18,1007 

SUBJECT: BANNER TOW OPERATIO)(S 

PURPOSE: This Letter of Agr~ern~nr (LO/\) between Grand Strand A.Te Tmver and rht 

undersig:1Cd banner tow operators defines responsibilities and operational procedures applicable to banner 

[ow activities. Within lhe Grand Slrand. Class D airspace. 

CANCELLATJO;'t: This lener CiH1CeLS previous Jetter dakd February 13" "2001. 

DEFINITIONS: The folJo~ving ttrms are used in this LOA: 

J. Beach Corridor: The corridor along lht:' coastJine extending 1 nauTical mile offshore at 

O( below 500 MSL beginning 5 nautical miles northeast and extending to 5 nautical miles southwest of 

Grand Strand AirpolT Attachmenr ] 

b. 'Vater Tower Transition Conidar: A corridor j nautical milt \\ ide from the ComvCl) 

[;irport east to a point whc-re it imacepts the shoreline, Apache PitT AlTitude 1000' or below. Anachmen, o 

c. Airport Swash: A (;orridor 1 nautical mile wide beginning at the waterway off the 

soulh\-vest end of rumvay 23 and ends at the shoreline. This airspace is used for Lnmsition to/ti'om the 

Grand Strand Airport and toitrem) the be:dch corrIdors. Anachment 3 

d. Swash: An acronym used to dt;scribe a "salt-water marsh". These unpopulated areas are 

'iu be' used \-\'henever possible for banner tow transitions to/from the Grund Stralld Airport. 

c. VFf{ Holding Points J VFR Reporting Poims for [otr" into Class 0 Airspace 

and/or Landing at Crand Strand Airport: 

(J J Nonheas.t - Cherry Grove Pia 

(2) Southwest - Apache Pier 

Holding: 

(l; NOrTheast - Cherr) (irene Pier (rums shall be made ,t3st l}fd")t lkaet 

Corridor) 

(:2) Sourh,\cs! ~ Apache Pier (turns shall b,.: 111<1.0::: cast oftht' Beach 

Corridor) 

(3) Airport Swash (turns as inSlnlcteu b, wWerj 

Monitor: B~1nl]er Cl:rG~l(i operating in the Gt:ach Corridor she]] monitor 124.6 (Grand 

.:'>:~ :inu T 0\\'ef Frequency) v\'hik- [hey afe transiting Grand Strand Clas.::: D airspace. 

HCDA-000108 
• • ~. RESPONSlBILITIES: 

:'1.. The undersigned banner tow opcnltol"S nrc responsible- for cn:5uring bauner tow pilots 

udllerc: to the follO\ving: 

(1) Estabiisb t\\'o-W<-ly' C()mmUniUllions \yith Granu Strand Tower priorlo cl1rc.:-ing 

Class D ai.rspa<.:t'. 

(2j Repon 0\"1:;':( ~slablished VfR re-po!1ing points prior to trlkring the Class 0 

airspace. 

(3) Advise Grand Strand Tov,;er ofIhe aircraft idemitlcarioIl, and intentions on 

initial COntact. 

(4) Remain \\'ith in the- confines of the COITidors. 

(5) Use good judgment and plain langLlagl:' phraseoJog) to clarify non-stand~;rd 

requests Of misundersTOod ATC cieo.rances. 

(6) Assure pilots are tamiliar \\ith and abide b) these procedltres. 

(7) Provide Gram! Strand Tuwer, as appropriate, v.it11 a copy of the most cunen! 

\yaiver issued by fSDO and banner aircraft call sign::;. 

Curridor. 

(8) Hold at VfR reponing PU!IlIS lmril receiving instructions to enter the Beach 

(9) In.the t\"cnl ofradjo iailure, the lOST communications aircraft ~hall exit ,he 

Grand Strand Tower Class D airspnce to the northt:<.l:'[ (Cherry Gm\-[: pier) or sourh\.vest (Apache Pier). 

Conway aircraft - return to ('unway and advise eRE. by phone, clear of the Beach 

Corridor 

eRE aircraft - depart eRE Class D nonheast and proceed (060J (Ocean isle) and 

coordinate if.'· phone 

lflhc lost communications [lirer-an pilot has a CELL PHO!'-<E he:she rna'.' cont:1CI CRE 

at (843) 272 3395·'68.2] re i;\loruinatt landing instructions or adviSe to\'/~r of Beach 

Corridor departure. 

;-'.JOTf: Entrance into th.: tkach C)f(idor shall onl) be approved via ireqllcnc} 

12..J.6 by eRE h)·'"\el". 

b. Grand Strand Tovvt:r shalj be rr:sponsible tor: 

(l) Issuing dc:ara.Dcr.:::; (0 enter ;Jnd'"or to transilion the CL:J~s D ~':irsPact: via tht 

dd"ined corridors. 

(2) lSS\Je holding instruclio!ls for arriving and.'or jtpartj~lg. barnier aircrait as traffic 

HCDA-000109 
• • 

(3) Encourage VFR ilircraft in comHll,nicuion \~ ith the Cnmd Strand To\-ver 10 

'-I\'oio lhe Gear..:l1 Corridors and the holdin,:; points either \"trti(;;;J.li; o:'latC':rali). 

RADIO TELEPHO!\£ CALL S!GJ\S: Ule lll1dersigned banner to\\-' operators shall Llse the 

designated radio telephony cali signs 

B.IC'C'ER TOW COMPANY 

Barnstormers Flight signs. Inc. 

~~~:c Air Traffic )vIanager, Robert C. Bradsha\'I 

1 

---.----... --c~-. 

Sk;.; Signs, Inc., G. G. (Lep) Boyd 

R.\010 n:: EPHONY CALL SIOC'. 

/ 

Stormer(numberj 

Sky(number) 

HCDA-000110 
• • 

HORRY COUNTY DEPARTMENT OF AIRPORTS 

AIRCRAFT REGISTRATION FORM - 2008 

The infonnation requested below must be provided for each aircraft operated under the 

tenns and conditions of the Horry County Department of Airports Operating Pennit: 

Aircraft Infonnation: 

Type(s): 9' I 3;',\ '" fA l <-

Tail No:. 34)''-t tv... 

Owner: Rx..VI'\ ~:h:>rvxy,,!, £.t..,...,\, ::'(,~-d 

Operator (if different from owner): ---~-"",::,---,=--,c---:--

Insurance Certificate No:5ROC ISiJ.r:<a Date: 3-ci'J-olSExpiration Date: J-o"l-o'1 

"0 ;>.. 

Date aircraft placed in service: -,-______ _ 

Date aircraft removed from service: ------

If additional aircraft are added to the company's operation during the season, or if an 

aircraft is removed from service (in excess of30 days) during the season, this fonn must 

be completed and provided to Horry County Department of Airports. 

ATTACHMENT 2 

HCDA-000111 
• • 

HORRY CUUNTY DEPARTMENT OF AIRPORTS 

AIRCRAFT REGISTRATION FORM - 2008 

The information requested below must be provided for each aircraft operated under the 

terms and condit~ons of the Horry County Department of Airports Operating Pennit: 

Aircraft Information: 

Type(3): ~".. - I <-

Tail No: 41.\ d-.\ M 

Owner: \bo,vn:>1"t>vI. ~ ~ S,""'=' 

Operator (if different from owner): 

Insurance Certificate No:.5fl"O IrOlla" Date: J.o2~Expiration Date: 3--<»- 0'1 

""0 ~ 

Date aircraft placed in service: -:--______ _ 

Date aircraft removed from service: ______ _ 

If additional aircraft are added to the company's operation during the season, or if an 

aircraft is removed from service (in excess of 30 days) during the season, this form must 

be completed and provided to Horry County Department of Airports. 

ATTACHMENT 2 

HCDA-000112 
Horry County Department 

• 

of Airports 

• 

Aircraft Registration Form-2oo8 

The information requested below must be provided for each operated under the terms and 

conditions of the Horry County Department of Airports Operating Permit: 

Aircraft Information: 

Type(s): P ... , L 

Tail No: :3 () :J' '" 

Owner: Ik"'''$ fov~ A,...J... St~ .p....3 

Insurance Certificate No: 5JtOOISl-Il,."~ Date: ')(1 to" Expiration Date: ocr 

Operator(if different from owner): - ~ 

6 ..... 

Date aircraft placed in service: _________ _ 

Date aircraft removed from service: _______ _ 

If additional aircraft are added to the company's operation during the season, or if an 

aircraft is removed from service ( in excess of 30 days) during the season, this form must 

be completed and provided to Horry County Departments of Airports. 

ATTACHEMENT 2 

HCDA·000113 
STATE OF SOUTH CAROLINA) 

COUNTY OF HORRy) 

ct.£ 

OPERATING PERMIT TO PROVIDE BANNER 

TOWING OPERATIONS TO THE GENERAL 

PUBLIC AT THE GRAND STRAND AIRPORT 

THIS OPERATING PERMIT, made and entered into this ~ day of ~~2013 by and between Horry County, a body politic ("County"), owner and operator of the Grand Strand 

Airport ("Airport") in North Myrtle Beach, South Carolina and Barnstormers Aerial Advertising, Inc. 

a corporation organized and existing under the laws of South Carolina ("Company"), shall govern the 

relationship of the parties, wherein County agrees to permit Company to perform "Banner Towing 

Operations" at the Grand Strand Airport as to the terms and conditions set forth below: 

WITNESSETH: 

WHEREAS, County is the owner and operator of the Airport, located in North Myrtle Beach, South 

Carolina; and 

WHEREAS, Company is engaged to perform "Banner Towing Operations" at the Grand Strand 

Airport based on the terms and conditions set forth below; and 

WHEREAS, Compaoy wishes to use the aeronautical facilities of the Grand Straod Airport in 

connection with its "Banner Towing Operations" at the Grand Strand Airport; aod 

WHEREAS, the terms and conditions for both the "Space Use Permit" for the space in Hangars #8 & 

#9 plus six (6) aircraft parking spots directly in front of subject hangars at the Grand Strand Airport 

and the "Operating Permit" must be adhered to without default to either agreement. Oefault of any 

terms or conditions by either agreement, constitutes default on both the "Space Use Permit" or lease 

and the "Operating Permit". 

NOW, THEREFORE, in consideration of the promises hereinafter contained, County and Company 

agree as follows: 

1. Term of Permit. The term of this Permit shall be a period of six (6) months, and shall run from 

August 1, 2013 through January 31, 2013. Thereafter, this Permit shall automatically be 

extended/renewed on a month-to-month basis upon the same terms aod conditions contained 

herein, with the exception of fee payment as set forth below, unless terminated under the 

provisions of this paragraph. Either party may terminate this Permit at any time by serving written 

notice upon the other party at least thirty (30) days in advaoce of the effective date of termination. 

2. Permit Area; Use. Company may use the permitted facilities at the Airport solely in connection 

with its business of providing "Banner Towing Operations" at the Grand Strand Airport. 

3. Permit Fee. Company will pay County a non-refundable annual fee of Three Thousand 

1 

HCDA-000114 
($3,000.00) Dollars, which will be pro-rated for six (6) months in the amount of Fifteen Hundred 

Dollars ($1,500.00), which allows Company to operate which will be at the discretion of the 

Airport Director, payable on or before August I, 2013. After the initial tenn, this Pennit will 

continue on a month-to-month basis unless otherwise tenninated, Company to pay to County 

JI1Z'h of the annual fee set forth above without demand, and without set-off or deduction, in 

advance of or before the first day of each month the Pennit may continue. County reserves the 

right to adjust sucb fee from time to time upon thirty (30) days written notice to the Company. In 

the event the Pennit terminates on other than the last day of any particular month, the fee shall be 

prorated. Failure to pay by the first of each month shall constitute an event of default. Late 

payment charges of one and one-half percent (1 ]I, %) will be assessed on all overdue accounts after 

the tenth (10th) day of each month, payment of which will not excuse default. 

4. Space Use Premises. The County hereby pennits Company to occupy and use space in Hangars 

#8 & #9 plus six (6) aircraft parking spots directly in front of subject hangars, together with any 

surrounding curtilage and parking ("Space") to be utilized for Company's "Banner Towing 

Operations to the General Public". 

5. Laws. Rules. Regulations and Procedures. Company shall observe and comply with all 

Federal, State and local laws, rules, and regulations, all County and City ordinances, and business 

license requirements, and all directives of the Horry County Department of Airports, which now 

exist or which may be hereinafter be enacted or adopted. Company will obtain, and provide upon 

request copies to the County, through its Department of Airports, all licenses, pennits and 

authorizations, as may be necessary and proper, at Company's sole cost. 

6. Hold Harmless and Indemnification. Company shall protect, defend (with counsel 

satisfactory to County), indemnify, and hold County, its Council members, advisory board 

members, officers, agents, employees and assignees hannless from and against any and all claims, 

debts, liabilities, losses, judgments, penalties, fmes, costs, damages, expenses (including 

reasonable attorney fees, court costs and expert fees), or demands arising by reason of injury or 

death of any person or damage to any property, or any cause of action of any nature whatsoever, in 

law or equity, arising out of or incidental to this Permit or the use of the Airport, or the acts or 

omissions of Company or Company's directors, officers, agents, employees, contractors, 

subcontractors or licensees; however, said indemnity shall not apply to any injury, death, or 

damage caused by the sole negligence or willful misconduct of County. The provisions of this 

section shall survive the expiration or early termination of this Pennit. 

7 •. Environmental Indemnification. Company shall indemnify, defend (with counsel satisfilctory 

to County), and hold County, its council members, officers, employees, agents, assigns, and any 

successors to County's interest in the Airport, hannless from and against any and all loss, cost, 

damage, expense (including reasonable attorney fees), claim, cause of action, judgment, penalty, 

fine or liability, directly or indirectly, relating to or arising from the use, storage, release, 

discharge, handling, or presence of Hazardous Materials on, under, or about the Airport in 

violation of Company's obligations under this Permit ("Hazardous Materials Release"). This 

indemnification shall include without limitation (a) personal irUury claims, (b) the payment of 

liens, (c) diminution in the value of the Airport, (d) damages for the loss or restriction on use of the 

Airport, (e) sums paid in settlement of claims, (f) actual attorneys' fees, consulting fees, and expert 

fees, (g) the cost of any investigation of site conditions, and (b) the cost of any repair, cleanup, 

2 

HCDA·000115 
remedial, removal, or restoration work or detoxification if required by any govemmental 

authorities Of deemed necessary in County's reasonable judgment. County shall have the right but 

not the obligation to join and participate in, and control, if it so elects, any legal proceedings or 

action initiated in connection with the Hazardous Materials Release. County may also negotiate, 

defend, approve, and appeal any action taken or issued by any applicable governmental authorities 

with regard to a Hazardous Materials Release. Any costs or expenses incurred by County for which 

Company is responsible under this Paragraph or for which Company has indemnified County, (i) 

shall be paid to County on demand, during the term of this Pennit as an additional fee; and, (li) 

from and after the expiration or earlier termination of the Permit shall be reimbursed by Company 

on demand. Company's obligations pursuant to the foregoing indemnity shall survive the 

expiration or termination of this Permit and shall bind Company's successors and assignees and 

inure to the benefit of County's successors and assignees. 

8. Insurance. Company agrees to carry and keep in force a policy or policies of public liability 

insurance throughout the term of this Permit, with an insurance company or companies of 

recognized responsibility and acceptable to the County, covering the bodily injury and property 

damage liability that Company has agreed by this Permit to hold the County, its Council members, 

directors, agents, officers, and employees harmless against and to indemnify. Company agrees to 

carry and keep in force such insurance with limits of liability for death, personal injury and 

property damage in an aggregate sum equal to not less than two million ($2,000,000.00) Dollars. 

Said policy or policies shall name the County as an additional insured to the extent of the 

indemnification obligation hereunder. A certificate or certificates evidencing such insurance 

coverage shall be filed with the County prior to the date Company commences use of the Airport 

and said certificate or certificates shall provide that such iosurance coverage will not be canceled, 

reduced or materially changed without at least thirty (30) days prior written notice to the County. 

At least thirty (30) days prior to the expiration of any such policy, a certificate showing that such 

insurance coverage has been renewed at extended shall be filed with the County. If such coverage 

is canceled, reduced or materially changed, Company shall, within ten (10) days after receipt of 

written notice, file with the County a certificate or certificates showing that the required insurance 

has been reinstated or provided through another insurance company or companies. 

9. Non-Discrimination. 

A. Company warrants that it will undertake an affirmative action program in conformance with 

14 CFR Part 152, Subpart E, to insure that no person shall, on the grounds of race, creed, color, 

national origin, or sex, be excluded from participating in any employment, contracting, or leasing 

activities covered in 14 CFR Part 152, Subpart E. Company assures that no person will be 

excluded on such grounds from participating in or receiving the services or benefits of any 

program or activity covered by Subpart E. Company further agrees that it will require that its 

covered sub-organizations provide assurances to Company that they similarly will undertake 

affirmative action programs and that they will require like assurances from their 

sub-organizations, as required by 14 CFR Part 152, Subpart E. 

B. Company agrees to comply with any affmnative action plan or steps or equal employment 

opportunity required by 14 CFR part 152, subpart E, as part of the affrrrnative action program, and 

by any Federal, State, or local agency or court, including those resulting from a conciliation 

agreement, a consent decree, court order, or similar mechanism. Company agrees that State or 

3 

HCDA·000116 
local affirmative action plans will be used in lieu of any affirmative action plan or steps required 

by 14 CFR part 152, subpart E, only when they fully meet the standards set forth in 14 CFR 

152.409. Company agrees to obtain a similar assurance from its covered sub-organizations, and to 

cause them to require a similar assurance of their covered sub-organizations, as required by 14 

CFR part 152, subpart E. 

C. Company warrants that no person shall, on the grounds of race, creed, color, national origin, 

sex, age or disability, be excluded from participating in any activity conducted under this Permit, 

or excluded from the benefits offered by Company to the general public, or otherwise be subject 

to discrimination. 

D. Company covenants that it shall operate in compliance with all other requirements imposed by 

or pursuant to Title 49, Code of Federal Regulations, Transportation, Subtitle A, Office of the 

Secretary of Transportation, Part 21, Non-Discrimination in Federally-Assisted Programs of the 

Department of Transportation, the purpose of which is to effectuate the provisions of Title VI of 

the Civil Rights Act of 1964; and as said regulations may be amended. 

10. Termination. 

A. This Permit may be terminated by either party for any reason upon thirty (30) days prior 

written notice to the other party. 

B. This Permit may be immediately terminated for any of the following reasons: 

1. The loss of license, permit or authorization by Company that prohibits the performance of 

the Permit and which cannot be corrected within ten (10) days. 

ii. Failure of Company to maintain insurance and comply with the insurance requirements set 

forth in paragraph 8, above. 

iii. Violation of any Department of Airport's rule, regulation or requirement related to aircraft 

operation or safety/security at the Airport. 

IV. Failure to maintain leased premises at Grand Strand Airport or if Company becomes 

delinquent on payments for leased premises. 

11. Assignment. Company shall not assign this Permit or any right or privilege connected herewith. 

12. Governing Law. This Permit shall be governed by and construed under the laws of the State of 

South Carolina. This Permit is not subject to alternative dispute resolution except where ordered 

by a court of competent jurisdiction or required by operation of law. The forum for any action or 

claim brought as a result of this contract shall be the Court of Common Pleas, Horry County, South 

Carolina. 

13. Entire Agreement! Amendment. This Permit constitutes the complete agreement of the parties 

with respect to the subject matter hereof and supersedes all previous agreements, representations 

4 

HCDA·000117 
and understandings concerning the same, whether written or oral. The provisions of the Pennit 

may he modified, amended or waived only by a written instrument executed by County and 

Company. 

14. Notice. Whenever any notice is required by this Pennit to be made, given or transmitted to the 

parties hereto, such notice shall be deemed to have been given if enclosed in an envelope with 

sufficient postage attached, and sent by certified mail, return receipt and deposited in the United 

States Mail addressed to: . 

A. As to Horry County: 

Horry County Department of Airports 

1100 Jetport Road 

Myrtle Beach, SC 29577 

Attention: Director of Airports 

B. As to Company: 

Barnstonners Aerial 

Advertising 

P.O. Box 1728 

N. Myrtle Beach, SC 29598 

15. No Possessory Interest in Premises. Company is not granted any possessory interest or license 

in any premises at the Grand Strand Airport under this Pennit. 

IN WITNESS THEREOF, the parties have caused this Permit to be executed by their 

duly authorized officers the day and year first above-written. 

Its:, _________ _ 

BARNSTORMERS ~ 'jDVERTISING 

By~l6ZJI- Its: _________ _ 

5 

HCDA-000118 
CERTIFICATE OF AIRCRAFT INSURANCE 03105/2013 

BEL.OW. THIS 

PRODUCER 

FOREST AGENCY. INC. 

731 ow MADISON 

FOREST PARK.IL 60130 

BARNSTORMER FLITE SIGNS. INC. 

C/O DAVID ROBtRTSON 

P,O. BOX 1728 

NORTH MYRTLE BEACH, SC 29598-1728 

NON-OWNED 

AIRCRAFT COVERAGES 

require an 

I~I£TTER: IpamWMlER I EfFECTJVEDATE I SA00161130-05 0310712013 

""""""'" OPTIONS 

~ All Risk Ground and ~HlJlL Flight -

X Induding Passengers 

AIRCRJlFTLIABllITY - -

~ INClLOINGCREW 

l\IEDICALPA~ 

EXQ..UDlNG CREW 

COVERAGE 

CODE I:eSCRIPTION OPTIONS 

- -

- -

- -

'AT''''~ ''l10t 

I as., I IlnStlred. 

"" 11roO~;;:ORT'RO,Aj) , u,"l~un" 

MYRTlE BEACH,.SC 29577 

THE COVERAGE AFFOFlDED BY THE POLICIES 

BETWEEN THE ISSUING.lNSUFlEFI(S), AUTHORIZED 

A statement on this certificate does not confer rlglits to the 

HULL ONLY 

E)<F!RATlONDATE AOOmOr~LI~?{YfNJ I 

0310712014 

THIS 

lHETERMS, 

SUBROi3o\TlONW",,1VED (yrN) 

N 

LIMIT APPLIES TO LIMIT N'Pl.IESTO 

$ 62,000 $ 250 Ded. - Not in molion 

AGREED VALUe $ 2,500 Ded. - In motion 

$ 1,000,000 EAOCC $ EAPER 

$ 100;000 EAPASS $ AGGR 

$ 5.000 EAPER $ 10,000 EADGe 

LlM1T AR'UESlQ LIMIT APPl1ESTQ 

~ 

~ 

~ 

.WI 

'TION 

~~OULD, 

'DAT~!.~NOTICEWILL BE DEUYERED IN 

Icc' , ~""':?::> .... -. 

©2009. 

ACORD.21 (2009/12) The ACORD name and logo are registered marks of ACORD 

HCDA-000119 
1012212014 Harry County, SC Code of Ordinances 

Sec. 3·3 .• Procedures governing the award of business opportunities and the leasing of property at 

airports owned or operated by the county. 

(a) From and after the effective date of this section the director of airports and the council will be 

governed by and shall comply with the prOVisions of this section in the award of all commercial 

concessions to be granted, extended, revised or amended at the airports. "Commercial concessions" 

shall mean all leases, licenses, contracts, permits and concession agreements between the County 

and persons [or] businesses doing business on or wishing to do business on or from the premises of 

one or more of the airports. In this context and for the purposes ofthis section, "person" shall mean 

any person, unit of government, corporation, partnership, joint venture or other form of entity or 

organization wishing to occupy premises or to enter premises of the airports for the purpose of 

conducting particular activities thereon. Commercial concessions does not include: (a) agreements, 

permits or landing rights involving the landing or taking off of commercial or private aircraft; or (b) 

agreements, permits or licenses granted by the county to commercial airlines regarding the conduct 

of such airline's air transportation business on the airports. 

(b) The general policy of the county is that commercial concessions shall be awarded, extended and 

amended in a manner calculated to: 

(1) Provide high quality, safe and valuable service to the public; 

(2) Generate revenue to the county commensurate with (i) the fair market value of the facilities and 

premises of the airports used by the person granted the commercial concession or (ii) the value 

to the enterprise ofthe business conducted from the premises, whichever is the highest; 

(3) Ensure that competitive businesses conducting the same type of commercial enterprise at 

airports have a rental structure that does not place one such business at a competitive 

disadvantage with another such business; and 

(4) Allow companies that are awarded such a commercial concession a reasonable expectation of 

being able to continue the business over a period oftime consistent with (i) the time required to 

amortize capital investment by the business, (ii) the revenues paid to the county, and (iii) the need 

of the county to recapture leased premises for other, higher priority, airport uses. 

(c) In achieving the policy objectives set forth in paragraph (b) above the following guidelines shall apply: 

(1) The initial award of a commercial concession shall, to the extent practicable, be made on a 

competitive basis pursuant to published requests for proposals or requests for bids. If as a result 

of the competitive selection procedure a number of qualified applicants in excess of the number 

of commercial concessions being granted are willing to enter into agreements with the county 

under uniform terms and conditions, the director shall determine an equitable and reasoned 

basis upon which to distinguish between competing proposals and shall recommend to county 

council those applicants which in the director's judgment best satisfy the requirement of the RFP 

of RFB and the Policies established by this section. 

(2) In all instances where the award of a commercial concession will result in two (2) or more 

concessionaires competing to provide the same services to the same market at any single 

airport, and where the basic rental for such commercial concessions is based upon a percentage 

("percentage rental rate") of the volume of commercial activity (such as gross sales) by each such 

concessionaire at such airport then the percentage rental rate applicable to all such 

concessionaires shall be uniform. By way of illustration (but not of limitation) of~8bl"gll}j5¥' if one 

https://www.municade.com/library/sc/horry_countyfcodes/code_oLordinances?nodeld=COOR_CH3ALARTIINGE_S3-3PRGOAWBUOPLEPRAIOWOPCO 1/3 
10/22/2014 Harry County, SC Code of Ordinances 

fixed base operator ("FBO") at an airport pays a percentage rental rate of six (6) percent of gross 

sales, then all successive commercial concessions granted to additional FBO's at that same 

airport during the term of the original FBO's commercial concession should also have a 

percentage rental rate of six (6) percent of gross sales. Such uniformity of rental rates does not 

preclude any concessionaires from contractually committing to pay minimum rental guarantees 

that exceed the minimum guarantees that are paid by other such concessionaires. 

(3) Commercial concessions that involve businesses that operate in or from passenger terminals 

should in general be awarded for an initial term of five (5) years less one (1) day. This is to avoid 

violating the FAA prohibition against long term exclusive airport concession contracts. 

(4) Commercial concessions that involve aeronautical activities requiring the lease of airfield land 

and buildings, such as FBO's, aircraft maintenance facilities and air cargo buildings may not be on 

an exclusive basis and should be for longer terms consistent with the going concern concept of 

business operations. In particular, such terms should be for a minimum of ten (10) years or the 

length of time necessary to write off the tenant's capital investment over a commercially 

reasonable period oftime. The terms of such commercial concessions, however, should have 

recapture provisions that insure that the county may recover the use of the premises if the same 

are needed for county airport purposes. 

(d) The award of a commercial concession involving a lease or contract to lease real property owned by 

the county shall be by ordinance, requiring three readings, of Horry County Council. A public hearing 

shall be held before final county council action (third reading) is taken to award a commercial 

concession. Notice of the time and place of the public hearing shall be published in at least one (1) 

newspaper of general circulation in Horry County at least fifteen (15) days prior to the public hearing 

date. 

(e) Prior to or after the expiration of the original term of commercial concessions the county shall be 

permitted to grant an extension or renewal of the commercial concession to the incumbent 

concessionaire upon the recommendation of the director of airports without the requirement of 

additional competitive selection. Any such recommendation of the director of airports for an 

extension or renewal without competitive selection shall be based upon a written certification by the 

director that: 

(1) The concessionaire is a tenant in good standing which has substantially complied with the letter 

and spirit ofthe commercial concession and is not and has not been in default of any material 

provision of the commercial concession during the term of its commercial concession; 

(2) The rentals payable by the concessionaire during the renewal or extended term meet the 

requirements of subsections (b) and (c) above; 

(3) No other entity has made a written proposal or written unsolicited registration of interest to use 

the premises for a different purpose in that covered by commercial concession on terms that 

would provide greater revenues to the county or would provide a more valuable service to 

aviation and the public at large than the commercial concession would provide if extended; 

(4) The renewal of the commercial concession is necessary to avoid commercial and/or personal 

hardship to the incumbent concessionaire and its employees in the concession, or to provide for 

the continuity of business for a going concern; and 

(5) Such a renewal is in the best interest of the airport concerned, the department of airports and 

the county. 

HCOA·000121 

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10/22/2014 Harry County, SC Code of Ordinances 

Under special circumstances, in conjunction with said extension or renewal, the commercial 

concession may be amended to include adjoining property or property in close proximity thereto 

provided: (1) the certification requirements set forth herein have been met; (2) the general policy factors 

set forth in subsection (b) above, have been met. 

(f) Upon the request ofthe director of airports and the certifications required in subsection (e) above, 

council shall be empowered but shall not be required to approve a renewal or an extension ofthe 

term of the subject commercial concession without the requirement of competitive bidding or 

proposals. In approving any such extension of the term the council may require that the 

concessionaire agree to an amendment ofthe rental, use or other provisions ofthe commercial 

concession if necessary to bring it into compliance with the policy considerations set forth in 

subsection (b) above, and as otherwise established hereby. The approval of an extension or renewal 

shall comply with the procedure set forth in subsection (d) above. 

(g) Severability. Should any provision of this section be determined invalid by a court of competent 

jurisdiction, all other provisions shall remain unaffected. 

(Ord. No. 85-94, §§ 1-6,1-10-95; Ord. No. 166-99, §§ /-11/,10-19-99) 

Editor's noteSections 1-6 of Ord. No. 85-94, adopted January 10, 1995, did not specifically amend this Code; hence, 

inclusion as § 3-3 0 was at the discretion of the editor. 

HCDA-000122 

https:llwww.municode.comllibraryfsc/horry_county/codes/code_oCordinances?nodeld=COOR_CH3ALARTIINGE_S3-3PRGOAWBUOPLEPRAIOWOPco 3/3 
Grand Strand Air Traffic Control Tower and Horry County Department of Airports. 

LETTER OF AGREEMENT 

EFFECTIVE DATE: January I, 2012 

SUBJECT:CONTROL JURISDICTION OF AIRPORT MOVEMENT AREAS 

I. PURPOSE: This agreement between Grand Strand Air Traffic Control Tower and Horry 

County Department of Airports defines responsibility for the control of aircraft, vehicular, and 

pedestrian traffic within the Movement areas of the Grand Strand Airport. 

2. SCOPE: To limit to the maximum extent practical a situation on the Movement Area involving 

aircraft, vehicle, pedestrian, or object on the ground that would create a collision hazard and/or 

loss of separation with an aircraft taking off, landing, or taxiing. 

3. DEFINITIONS: 

a. -Movement Area" means nmways, taxiways, and other areas of the airport which are 

used for taxiing, hover taxiing, takeoff and landing of aircraft, exclusive ofloading ramps and 

aircraft parking areas. 

b. Airport Movement Areas controlled by Grand Strand Tower are: 

(1) Runway 5123. 

(2) Taxiways A, B, C, D, and T. 

4. RESPONSmILITIES: 

a. Grand Strand Air Traffic Control Tower shall: 

(1) Control all aircraft, vehicular, and pedestrian traffic in the defmed movement 

area at Grand Strand Airport during operational hours. 

(2) NotifY the Airport Operations or North Myrtle Beach Public Safety of 

observed Movement Area incursions committed by vehicle operators or 

pedestrians. 

b. Horry County Department of Airports shall: 

(1) Take reasonable steps to inform all airport tenants/users of the contents of this 

agreement. 

HCDA·000123 
(2) Take reasonable steps to infonn all authorized to use the Movement Area 

of the requirement that they must receive authorization from Strand Tower 

on the appropriate ground or tower frequencies. 

(3) Take reasonable steps to infonn authorized users of the requirement that 

vehicles or equipment on the movement area must maintain a listening 

watch on the assigned frequency 121.8. 

(4). Take reasonable steps to insure that operators are aware oflost 

communication procedures of watching the tower for the appropriate tight 

gun signal. 

5. ATTACHMENT: 

Attachment 1 

Depicts the Grand Strand Airport Movement Area. 

Michael LaPier 

Director 

Horry County Department of Airports 

Movement Area Jurisdiction LOA (1/2012) 

~ G~ay ~~ Manager 

Grand Strand ATC Tower 

HCDA-000124 
Movemeu( Area is inside of dashed 

lines 

HCDA-O()()125 
Horry County Department ot Airports, Myrtle Beach ATCT, Strand FCT ATCT, and Skydive 

Myrtle Beach 

LETTER OF AGREEMENT 

EFFECTIVE: 5/11112 

SUBJ: Non-emergency Parachute Operations at North Myrtle Beach, SC 

1. PURPOSE: TIris agreement establishes procedures and responsibilities for conducting 

skydiving/non-emergency parachute operations in Myrtle Beach ATCT (MYR) and Grand 

Strand ATCT (CRE) airspace and on Grand Strand Airport. 

2. SCOPE: 

A. Application of these procedures shall be limited to aircraft operated by or for Skydive 

Myrtle Beach, for the purpose of skydiving operations at CRE. 

B. Skydive Myrtle Beach will notifY CRE and MYR in advance of operations at CRE 

that are anticipated to fall outside the scope of this agreement, for the purpose of 

coordination of such operations. 

3. RESPONSIBILITIES: 

A. Horry County Department of Airports (HCDA): 

1. Approves Skydive Myrtle Beach to operate at Grand Strand Airport in 

accordance with FAA Federal Aviation Regulation (FAR, 14 CFR, Part 105, 

Section 23). 

2. Sha1l issue the appropriate Notice to Airmen (NO TAMS), Advisory Circulars, 

Airport Advisories. 

B. Skydive Myrtle Beach: 

I. Shall indemnifY, defend and hold harmless Robinson Aviation (RVA), Inc., 

employees and MYR employees from and against any and a1l demands, claims, 

actions, suites, loses, damages to persons or property, arising out of or caused by 

Skydive Myrtle Beach, its employees, agents, customers and others acting or 

participating in the operation or activity of sky diving or non-emergency 

parachuting on or in the vicinity of Grand Strand Airport or North Myrtle Beach, 

SC 

HCDA-000126 
Horry County Department ot Airports, Myrtle Beach ATCT, Strand FCT ATCT, and Skydive 

Myrtle Beach 

4. DEFINITIONS: 

A. Jump Zone: That airspace bound by a line parallel with taxiway alpha to the approach 

end of runway 23 then direct to main street in North Myrtle beach and the coast, from 

taxiway alpha at the approach end of runway 5 to 46th Ave. South, North Myrtle Beach, (the 

point where the swash meets the ocean), then a line from connecting those 2 points along the 

coast. Note: At no time will a jumper(s) exit an aircraft outside of this Jump Zone without 

prior coordination and approval of MYR. (Attachment A) 

B. Climb Zone: Racetrack pattern at least 2 nautical miles east of the Jump Zone. 

C. Landing Zone: The area represented by the rectangular box and described as follows: 

West Border - a line approximately 450 feet long, 150 feet east and parallel to taxiway 

Alpha; North Border - a line approximately 300 feet long and parallel to 27th Avenue South; 

East Border - a line paralleling the East Border; South Border - a line paralleling the North 

Border, approximately 75 feet from the edge of the FBO ramp (Attachment B). 

5. PROCEDURES: 

A. Skydive Myrtle Beach: 

1. Aircraft operated for parachute operations in the vicinity of CRE shall use the beacon 

code 0341 and the call sign "Jump I" (ex: JMP1). 

2. JMPI must contact MYR for Visual Flight Rules (VFR) traffic advisories on 

frequency 119.2. On initial contact, the pilot must state the planned jump altitude and 

any other pertinent information. MYR will issue advisories as traffic and workload 

permits. 

3. JMPI pilot must ensure that no jumpers exit an aircraft until within the Jump Zone 

airspace. 

4. JMP I must advise MYR five minutes prior to the planned jump and 2 minutes prior 

to jump. 

5. Skydive Myrtle Beach parachutist are authorized to land in the defined "Landing 

Zone" only and are not authorized to land on any runway, taxiway or ramp area. 

6. The jump plane will advise CRE when all jumpers are on the ground. 

HCDA·000127 
Houy County Department of Airports, Myrtle Beach ATCT, Strand FCT ATCT, and Skydive 

Myrtle Beach 

D. CREATCT 

1. Approve or disapprove the jump based on traffic at CRE and advise MYR. If the 

jump is delayed, an estimate of time before approval shall be given. 

3. CRE shall notify MYR when JMPI departs. 

4. CRE shall notify MYR when ail jumpers are on the ground. 

5. eRE shall assign a discrete beacon code and enter the aircraft into the ARTS. 

E.MYRATCT: 

1. Shall advise CRE 5 minutes prior to the planned jump 

2. Shall advise CRE 2 minutes prior to the planned jump for jump approval. 

3. Switch the jump plane to CRE overhead the airport at 3000 feet. 

MYR - 843-238-2994 

Michael LaPier 

Director 

CRE - 843-272-3395 

Horry County Department of Airports 

Glenn Ray 

Manager 

Grand Strand ATC Tower 

Andrew Lee 

DZO, Skydive Myrtle Beach 

Ricarldo Washington 

Manager, Myrtle Beach Tower 

Myrtle Beach, South Carolina North Myrtle Beach, South Carolina 

HCDA·000128 
FEDERAL AVIATION ADMINISTRATION 

OFFICE OF THE CHIEF COUNSEL 

SKYDIVE MYRTLE BEACH, INC., 

Complainant, 

v. 

HORRY COUNTY DEPARTMENT OF 

AIRPORTS, 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

--------------------------) 

FAA Docket No. 16-14-05 

DECLARATION OF HUGH JASON TERRERI 

I, Hugh Jason Terreri, do hereby depose and state: 

1. My name is Hugh Jason Terreri. I am the Assistant Director of Airports for Horry 

County Department of Airports ("HCDA"), the Respondent in the above-referenced matter. 

I was engaged as Assistant Director on May 4, 2014. 

2. I make this Declaration on my own personal knowledge in my capacity as 

Assistant Director of Airports. 

3. I submit this Declaration in support of Respondent Horry County Department of 

Airports' Answer and Affirmative Defenses to Complainant Skydive Myrtle Beach, Inc.'s Part 

16 Formal Complaint and Statement of Material Facts in the above-referenced matter. 

4. As Assistant Director of HCDA, I am familiar with the operations at Grand Strand 

Airport in Myrtle Beach, South Carolina ("CRE") and the CRE airport layout, including the 

dimensions of the ramp, apron, and individual hangars, and the particular tenant aircraft that park 

in these areas. 

4817·9603-3312.2 

HCDA-000129 
5. The Complainant Skydive Myrtle Beach, Inc. ("SDMB") currently uses a PAC P750-XL aircraft at CRE. This aircraft has a wingspan of 42 feet and, according to the 

manufacturer's specifications, requires a minimum theoretical steering circle of 84 feet to 

provide adequate wingtip clearance (15 feet). Based upon the manufacturer's specifications 

attached as Exhibit A, and due to the configuration of the apron in the vicinity of Hangar 1 at 

CRE, SDMB's current aircraft could not maneuver into Hangar 1 from the apron. 

6. Even ifSDMB's aircraft was able to enter into Hangar 1, HCDA would lose at 

least 10 revenue-producing parking spaces on the CRE ramp in order to ensure that SDMB' s 

aircraft could safely turn around and access the hangar. This is due to the turning radius required 

for SDMB's aircraft to access Hangar 1, and the required IS-foot taxilane wingtip clearance 

from fixed or moveable objects, per the requirements of AC 150/5300-13A Change I "Airport 

Design." The attached Exhibit B, entitled "Hangar 1 Operational Analysis PAC P-750-XL 

Aircraft Impacts," illustrates the impact SDMB's occupancy of Hangar 1 would have on aircraft 

parking spaces at CRE. 

7. In addition, there is no direct public access from the landside to Hangar I. All of 

SDMB's customers would therefore be required to traverse the active apron to access Hangar 1, 

adding a significant amount of vehicular and pedestrian traffic to the ramp. 

8. HCDA has not received a formal request from the tenant in Hangar 1 to sublease 

the hangar to SDMB. 

Signed under the penalties ofpeljury on October~ 2014. 

2 

4817-9603-3312.2 

HCDA-000130 
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EXHIBIT A 

HCDA-000131 
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HCDA-000134 
EXHIBIT B 

HCDA-000135 
EXiStlng Hangar 

grand strand 

Existing Hangar 

Existing Terminal 

BUilding 

/ .. ~ .. '" ,. ( f SCAli: IN FEET 

1-. 60' 

LEGEND 

.,.. Impactad Aircraft 

ft Parked Airurafl 

+ PAC P_750_XL 

...., PAC P-750-XL 

15' Wingtip Clearance 

Proposed Markings 

NOTES 

1. Aircraft parking layout shown based on Grand 

Strand Airport Ramp Rehabilitation Schedule I - Marking Plan prepared lor Horry County 

Department of Airports (HCDA) in cooperation 

w~h Federal Aviation Administration (FAA) 

AlP Grant No: 3·45·0065·17 by Talbert & 

Bright, Inc. Parked aircraft shown are 

representaUve of existing aircraftl!eel mix and 

design aircraft specifications. 

2. Pacific Aerospace PAC P·750-XL aircraft 

shown are drawn referencing aircraft 

manufaclure~s specifications and aircraft 

performance capa\)II~les. 

3. The PAC P-75I).XL is an ADG I aircraft which 

requires 15·fuot taxilane wingtip dear' 

from fixed or moveable objects pe 

requirements of AC 150/5300·13A Cha. 

"Airport Desl!}n". 

HANGAR 1 OPERATIONAL ANALYSIS 

PAC P-7S0-XL AIRCRAFT IMPACTS 

OC;iEi!)I>ii%.;l,2014 
TO: 

FROM: 

SUBJECT: 

DATE: 

CC: 

INTEROFFICE MEMORANDUM 

PAT APONE 

ROBERT WERNERSBACH 

SKYDIVING INCIDENT- MAY 27, 2013 

JUNE 2, 2013/ 

MIKE LA PIER, TOM HINKEL 

Date of Incident: May 27,2013 

Time of Incident: 17:12hrs Local (Approximate) 

Location of Incident: CRE - Grand Strand Airport, North Myrtle Beach, SC 

Weather Conditions: Clear, 75F, SE Wind @7-10mph 

Type of Incident: Skydiver landed on taxiway 

Skydiver Name, Address, Contact info: Taylor Booher 

7070 Creekside Court N. 

St. Petersburg, FL 33709 

Ph.: 727-656-2777 

Email: taylor.booher@gmail.com 

Skydive Operator: 

Investigative Narrative 

Skydive Myrtle Beach 

Aaron Holly 

Ph.: 910-322-3807 

Email: aholly@me.com 

Notified on Wednesday, May 29, 2013 by Glen Ray with the NMB Tower regarding a skydiver who on 

May 27, 2013 at 21:12z (17:12Id) inadvertently strayed onto and landed on the taxiway at the north end 

of the airport adjacent to RWY23. 

Contacted Aaron Holly with Skydive Myrtle Beach and requested that his organization provide us with 

information regarding the incident. Attached find email statements from Aaron Holly & Andre Lee (both 

with Skydive Myrtle Beach 

M'iR '13 ,JUN17AJ1 3=47 

HCDA·000137 
Wernersbach. Robert 

From: 

Sent: 

To: 

Subject: 

Hello Bob, 

alee@leetackle.com 

Thursday, May 30, 2013 2:50 PM 

Wernersbach, Robert 

Student's taxiway Landing 

Here is a brief description of what I saw and did. 

Taxiway landing report 

I was walking back to our hanger when Taylor was flying her parachute for her landing pattern. I did not see 

her land as my back was to her as I walked. When I turned around to see how she did, she was already on the 

ground and standing on the edge of the taxiway. 

I then walked to our plane and had Alex(pilot) call the Control tower. I spoke to Jack, to see if he wanted or 

needed any information we could provide, and to find out if there was anything we should do. He told me he 

thought he would have to write a report. I gave him the student's name and told him to contact us ifhe needed 

anything else. 

Andrew Lee 

1 
Wernersbach. Robert 

From: 

Sent: 

To: 

Subject: 

Taylor Booher <taylor.booher@gmail.com> 

Wednesday, June 12, 2013 12:12 PM 

Wernersbach, Robert 

Re: FW: CRE Incident 

I, Taylor Booher was completing my first jump after ground school on May 27th at Skydive Myrtle Beach. 

During my approach to land I tnissed jndged where I was supposed to land and landed on the taxiway. 

On Thursday, June 6,2013, Wemersbach, Robert wrote: 

Hi Taylor; 

Here is the original email. Thanks and I look forward to getting your statement. 

Bob 

From: Wernersbach, Robert 

Sent: Wednesday, May 29, 2013 5:37 PM 

To: 'Taylor.booher@qmail.com' 

Subject: CRE Incident 

Good afternoon Taylor; 

I am the Director of General Aviation for Horry County responsible for operations eRE. 

Aaron Holly with Skydive Myrtle Beach provided me with your contact information. 

1 

HCDA-000139 
It is my understanding that you were involved in an incident on May 27'h at 17: 12 local at the Grand Strand 

Airport wherein you landed on an active taxiway at the allport. We are attempting to follow up on this incident 

as the Grand Strand FAA Tower has filed an encroachment report and we are required to follow up from the 

county's perspective as to the circumstances. 

Please provide a statement to me covering the who, what, where, when and why's related to the 

incident. Thanking you in advance for your response. 

',I)'~,C '-\"-c:r':)I'f!~:; h,\!8" i\'i'!,n:r:: :~( ·:ci- .(.::-C~ /;i!);7 

fiiia.ir: ,3jjJ,lj:Y~)_6T1,G' ~"'/'i){ {;':L},ii·,17, ;'?-S'·) C>":.d f14::\,i s;:::" /,)2,': 

',hi!i',f'"V F I '/ !Vji,nil e [+'7::;' [;i-' , (T ,-,',! 

,qll e-mail correspondence to and from this address may be subject to public disclosure Linder the 

South Carolina Freedom of Information Act (FOIA). Trlis correspondence is intended exclusively for 

the individual or entity to which it is adclressed and may contain information that is proprietary, 

privileged, confidential or otherwise legally exempt from disclosure. 

2 

HCDA-000140 
Wernersbach. Robert 

From: 

Sent: 

To: 

Subject: 

Sir, 

Aaron Holly <aholly@me,com> 

Thursday, May 30, 2013 11:58 AM 

Wernersbach, Robert 

Re: Taylor Booher 

In our first meeting with the Tower, Ramp 66 and Mr Washington, I said that someone will adventially land on 

the Taxi way or Run Way. I happens everywhere. Included are some circulars that we use to operate: 

httg:IIWWV,f.fM.gov/documentLibrary/media/Advisol'y" Citcula.r/ARll-J OP LA"',irQotL~. odf 

h!l.2Jfwww.faa.rw . .!ldocumentLibl.llry/mediai Advisory Circular/ AC%20 1 ° 5· 2D. pQ 

This is technically not an incident. The above circular states so. We have an LOA with tower, the landing was 

not intentional and the FAA states if such a landing occurs we are to vacate immediately for safety 

reasons. The tower knew immediatey and we called Jack in the tower as soon as it happened. Andrew and 

Alex both spoke to Jack in the tower as soon as it happened. This is not a Runway or Taxiway incursion. We 

have permission to be there. 

As far as the incident: 

Who - you have the students contact info. The instructor was Peter Biro. 

What-This was the Students first jump - This is called Accelerated Free FalL The student was on radio and 

was overwhehned by events (happens quite often) and responding slowly to commands on radio. 

Winds were within limits for student operations. 

Student landed on airport, which is best place to land for safety. 

No injury or damage to property occurred 

Thanks for your support and let me know if you need anything else. 

Aaron 

On May 30, 20l3, at 11:28 AM, Wemersbach, Robert wrote: 

Hi Aaron; 

I need a little more specific information related to the incident aside from just a name and contact info. I will need the 

who, what, where, when, why and how related to this. 

Please send at your earliest opportunity. 

Thanks 

1 

HCDA-000141 
Wernersbach. Robert 

From: 

Sent: 

To: 

Subject: 

Here it is 

aholly <aholly@me.com> 

Wednesday, May 29, 2013 5:22 PM 

Wernersbach, Robert 

Fwd: Taylor Booher 

Sent from my Verizon Wireless 40 LTE Smartphone 

-------- Original message --------

From: alee@leetackle.com 

Date: 05/29/2013 16:54 (GMT-04:00) 

To: aholly@me.com 

Subject: Taylor Booher 

Taylor Booher 

Taylor. booher@mnail.com 

727-656-2777 

7070 creekside court N. 

St. Petersburg, FI, 33709 

1 

HCDA·000142 
Weather HistoryFe- North Myrtle)kach, SC I Weather UndergrOlU1d . ' . '\ 

Page 3 on 

Time (EDT) Temp. Dew Point Humidity Pressure Visibility Wind Oir Wind Speed Gust Speed Pre, 

3:09AM 57.2 of 55.4 of 94% 3.0mi Calm Calm N/A 

3:53AM 55.9 of 55.0 of 97% 7.Dmi NE 3.5 mph N/A 

4:53AM 57.0 OF 55.9 of 96% i0.0mi Calm Calm N/A 

5:53AM 57.0 of 55.9 of 96% i0.0mi NNE 4.6 mph N/A 

6:53AM 60.1 of 57.9 of 93% 10.0mi NE 3.5 mph N/A 

7:53AM 66.0 of 60.1 of 81% 10.0mi NE 3.5 mph N/A 

8:53AM 73.0 of 55.9 of 55% 10.0mi SE 8.1 mph N/A 

9:53AM 13.9 of 55.0 of 52% 10.0mi ESE 8.1 mph N/A 

10:53 AM 75.0 of 57.0 of 53% 10.0mi ESE 6.9 mph N/A 

11:53AM 75.0 of 57.0 OF 53% 30.28 in 10.0mi SE 8.1 mph N/A 

12:53 PM 75.9 of 57.0 of 52% 30.27 in 10.0mi ESE 9.2 mph N/A 

1:53 PM 75.0 of 57.0 of 53% 30.27 in 10.0mi ESE 8.1 mph N/A 

2:53 PM 75.0 of 59.0 OF 57% 30.26 in 10.0mi SSE 8.1 mph N/A 

3:53 PM -..y)'§.~/. ~F "r-S.1% ]:O.25,.. •. _ .. 11l,0 mi ._ SSE ,_ 10.4 '!'J!ll. 17.3 mph N/A 

\,,"--'.~"_"'n "'"" '\ ',r-' ~~'\".,r '"/ """'/ "/"'~<"'~/"#'~"""""~" 

4:53 PM 75.0 of 57.9 of 55% 30.23 in 10.0mi SE 10.4 mph N/A 

75.0 of 60.1 OF 60% 30.22 in 10.0 mi SE 6.9 mph N/A 

~~~~~ 

7:53PM 73.0 of 61.0 OF 66% 30.22 in 10.0mi SSE 5.8 mph N/A 

8:53PM 72.0 of 61.0 OF 68% 30.22 in 10.0mi SE 4.6 mph N/A 

9:53PM 72.0 of 63.0 of 73% 30.24 in 10.0mi SSE 6.9 mph N/A 

10:53 PM 72.0 of 64.0 of 76% 30.25 in 10.0mi SSE 5.8 mph N/A 

11:53 PM 72.0 of 64.0 of 76% 30.23 in 10.0mi SSE 8.1 mph N/A 

Show full METARS I METAR FAQ I Comma Delimited File 

http;//www.wunderground.comlhistory/airport!KCRE/2013/5/27IDailyHistory.html?r~8tt.-.OO °6'7212013 
Weather History f'w North Myrtle Beach, SC I Weather Underground Page:L on . - - - -" -- ;--." 

F 

n@~ d, 

midnight 1 2 3 4 5 

in Hg Barometric Presslln~. 

,~[ 

30.2 

Normal High/Low 

~ 

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G 7 8 9 

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, ~ 

10 11 noon 1 

. 

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2 3 4 5 G 7 9 10 11 

hP. 

-:-:1:: 

midnight 1 2 3 4 5 G 8 9 10 11 noon 1 2 3 4 ; G 7 3 9 10 11 

mph 

15,0 

10,0 

~~ I 

5.0 

0.0 >--. 

midnightl 2 3 4 5 

2 3 4 5 

\Mnd Gust 

~'-~'--.--~ 

I I • 

B 7 8 9 10 11 noon 1 2 

7 8 9 10 11 noon 2 

Certify This Report 

Hourly Weather History & Observations 

3 

3 

Tim·tEDn Temp. Dew Point Humidity Pressure Visibilil¥ 

12:53 AM 57.0 OF 55.0 OF 93% 10.0 rn; 

1:53AM 57.9 OF 57.0 OF 97% 10.0mi 

2:53AM 57.0 OF 55.9 OF 96% 6.0m; 

3:00AM 57.2 OF 55.4 OF 94% 1.Smi 

4 5 7 8 9 10 1tMrm,"'mt' 

WindOir Wind Speed GustSp •• d 

NNE 3.5 mph 

Calm Calm 

Calm Calm 

Calm Calm 

Show full METARS I METAR FAQ I Comma Delimited File 

Prel 

NIA 

NIA 

NIA 

NIA 

http://www.wunderground.comlhistory/airportlKCRE/2013/5/27IDailYHistory.html?re<LI(;tf.~'oo~m2013 
Skydive Myrtle Beach Tuesday, January 07, 2014 

Notes Re: certified letter: 

Spoke with Robert Eastman in reference to my letter addressing unrestrained dog and 

possible overnight residents. 

·Mr. Eastman's letter states we refused to accept business mail. Incorrect; the letter in 

question was sent certified with "return receipt" requested. FBO could not sign for it per 

my instructions. 

-Dog was observed numerous times by Airport staff, unrestrained on ramp in proximity 

to an individual that Mr. Eastman stated was one of their "riggers". 

·Spoke with Mr. Eastman the day I received the attached letter. Advised him the dog has 

been continually observed as recently as a few weeks ago (mid November 2013) on the 

CRE ramp unrestrained. In addition, we have received an F AAlLOI notice in reference 

to his clientele walking across an active runway during fixed wing operations. When I 

described the dog's "owner" in detail, along with the silver Honda he drives on the ramp, 

Mr. Eastman relented and advised me this is one of his employees and the dog issue has 

been rectified. I further advised any animal in their care must be restrained. He agreed. 

The "many" unrestrained animals Mr. Eastman mentions in his letter belong to transient 

customers flying into CRE. In reference to the FAA/LOI; Mr. Eastman advised me all of 

his clientele are briefed to remain clear ofthe active runway and taxiways. 

C. Bree 

HCDA·000145 
'( 

:~ 

i 

, ~. 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: _C_h_a~_e_s_B_re_e ______ _ 

Organization and Position: Harry County Department orAlrports(HCDA) 

Telephone number: ..:8..:43-:....:.44.:.:8-':..1:..;5-::-80:-:-=:-:-_____ _ 

Date of Accident/Incident: .:.A",p",ril..:2:..;4:.:. 2:.:0..:1.:.4 _____ _ 

Time: Exact time; unknown 

Location: Grand Strand Airport (CRE) ramp 

Date of Report: ..:51::..1::5::12::0.:.14:....:. _____ _ 

Names of Witnesses 

Witness 1 

Name: Sarah GlandersJHCDA FeD Employee 

Address: 1100 Jelport Road 

Myrtle Beach, SC 29577 

Telephone: 843-448-1580 

Witness 2 

Name: Lon Locklear/HCDA FBD Employee 

Address: 1100 Jelport Road 

Myrtle Beach. SC 29577 

Telephone: 843-448-1580 

Witness 3 

Name:.:.N.:.:~.:.-_________ _ 

Address: 

Telephone: .:.N.:.:/A _________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Per Ms. Glanders' and Ms. Locklear's statements a skydiving customer of Skydive Myrtle Beach (SDMB) landed on the 

CRE ramp in close proximity to a businass jet and fuel truck. According to Ms. Glanders, this individual landed within 

five (5) feet of the aircraft and within fifteen (15) feet of the FBO building. This area is well outside the established 

landing zone on CRE property. 

Deta ils of any injuries: 

None 

Details of damage to aircraft/vehicles/equipment/facilities: 

None 

HCDA-000147 
letters regarding gate usage at eRE. These letters were attached to 

witness statements from a Skydive incident that occurred on April 24th, 

2014. 

HCDA-000148 
On April 24,2014 Sky-dive had jumpers landing very close to our ramp where our fuel trucks travel, 

landing on the taxi way, landing on the run way and landing feet from a Jet that was on our ramp and 

only feet away from our door. 

I was outside on my break when I saw the above statement, and when a golf cart camp up with other 

sky-dive employees to the jumper, laughing and asked him where he was going. 

Lori Locklear 

r 

) 

". 

HCDA·000149 
On Thursday, April 24, 2014, an individual from Skydlve was landing and came within 10 or 15 

feet from the ramp door of NMBA. He landed within 5' of the tall of a Jet we had parked on the ramp. It 

appeared as though If the wind had not brought him down quickly to where he was, there was a big 

possibility he may have landed on the jet. 

Sarah Glanders 

Admin Asst. NMBA 

HCDA·000150 
April 30, 2014 

To whom It may concern, 

What is the purpose of a fence and gate at an airport If a group of people continue to abuse the system 

of Ingress and egress security? The officials at North Myrtle Beach Aviation have tried for months to 

have a system where the gate would open and close with secure codes for this same group of people 

who rent a hangar for their sky diving business. 

This group for the last few weeks has been using a metal sign that trips the sensor to activate the gate as 

If a vehicle was approaching It. This procedure enables entry of anyone at any time on this secured 

federal property. Why have the gate and fence, If this group of people Is continuing to abuse the system 

of security for this airport. 

It Is also known this abuse is allowing unknown people to walk around the area smoking cigarettes and 

drlnking during parties on weekends. It Is perceived this shocking behavior could lead to serious Injury. 

As an observer It seems like this group of people treat their business as a giant plavground on this 

airport property. I hope as a businessman that this observation will help officials gain control of this 

situation and we will all feel safe again. 

Regards, 

Concerned citizen 

HCDA·000151 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: -,c:.;.h:;ca~::.:.c;: • .:::B.:.;r.;.:. ______ _ 

Organization and Position: HorryCounty Department of Airports 

Telephone number: .:8;.:43-=-:.44.:.:S-:..,1.:.:5c;:80"-:--:::-:-:-_____ _ 

Date of Accident/Incident: .:.M.:.;a"'y-'Ic;:O,:..:2=Oc;:14-'---_____ _ 

Time: Exacttlme; unknown 

Location: Grand Strand Airport (CRE) ramp 

Date of Report: _5_/l_512.:.;:;c0l.:..4'-_____ _ 

Nemes of Witnesses 

WltDessl 

Name: Glenn Ray/CRETower Manager 

Address: 1500 west 33rd Ave. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

WltDess2 

Name: __________ _ 

Address: 

Telephone: ________ _ 

Witness 3 

Name:.:::N:..:~-'---________ _ 

Address: 

Telephone: ________ _ 

DetaUs 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

As reported by CRE Tower Manager Glenn Ray, on April 10, 2014, three (3) skydive customers of Skydive Myrtle Beach 

landed in the AOA at CRE. This area is well away from the designated, agreed upon, skydive landing zone. The 

individuals proceeded to walk across Taxiway "A" and exited the AOA on the ramp. Mr. Ray Has forwarded a 

:M~nda.lo~ Occurr~mce Report" (MOR) 10 the Atlanta FAA-8afety Office. The MRO does not list any contributing 

Details of any injuries: 

None 

Details of damage to aircraft/vehicles/equipment/facilities: 

None 

HCDA-OOOI52 
Wednesday, May 14, 2014 

Mr. John Marshall, FAA-ADO Program Manager 

FAA/Atlanta Airports District Office 

1701 Columbia Avenue South 

College Park, GA 30337-2747 

Re: Recent events at Grand Strand Airport (eRE) 

Dear Mr. Marshall, 

I'm writing in reference to the two recent events we spoke about this morning regarcllng Grand Strand 

Airport (CRE). The first occurred on April 241h, 2014. Two Harry County Airport employees reported an 

errant skydiver landed on the CRE ramp, well outside the designated/approved landing zone. The 

skydiver was a customer of "Skydive Myrtle Beach" (SDMB). SDMB is a CRE tenant. Per the employee 

statements, the skydiver landed in close proximity to a business jet and a fuel truck. Since this event 

occurred outside the movement area, an incursion report was not filed by the Tower Manager. 

The second event occurred on May 10th, 2014. Three skydivers, also customers of (SDMB), landed in the 

Movement Area, well outside the designated/approved landing zone. The three individuals proceeded to 

walk across an active taxiway without contacting the Tower. Since this incursion took place inside the 

Movement Area, the Tower Manager has forwarded a "Mandatory Occurrence Report" (MRO) to the FAA. 

A similar incident occurred on November 13'h , 2014. At that time, I contacted the on-site manager 

representing (SDMB), Mr. Robert Eastman. Mr. Eastman stated "the company briefs all jumpers before 

each jump to stand-by and not move or enter the movement area if they miss the LZ." 

Harry County Department of Airport's staff conduct continuous training for CRE tenants requiring access 

to the ramp and Movement Area. The training curriculum is very similar to those used at commercial 

service (Part 139 Certificated) airports. SDMB has been advised of this training. On March 22"", 2014, 

five (SDMB) staff members had attended training. Owner, Mr. Aaron Holly and Mr. Eastman have not 

attended training. 

I've attached a Letter of Agreement (LOA) between the CRE Tower Manager (contracted with RVA), the 

Myrtle Beach International Airport FAA Tower Manager, (SDMB) and Harry County Department of 

Airports (HCDA). It is important to note that due to construction activity on the ramp during the fall of 

2013, the landing zone was moved to a more suitable location. Towards the end of the project, the Tower 

1.100 Jetport Ro~d • Mwtlr. l3encl1. SC 29577 • P 843 44B 1580 • F 8,~3 626 9091J • 'MNI FlyMfrll£BeBch corn 

HCDA-000153 
Manager spoke with Mr. Holly. Both were convinced, once the landing zone was moved back to its 

original location, the errant jumps would cease. Therefore, the HCDA FBO Manager, Mr. Timothy 

Jackson closely monitored the final days of construction and moved the landing zone back to its original 

location as soon as he was permitted to do so by the HCDA Construction Manager, Mr. Mike Illes. 

Please contact me at the number below or at breec@horrvcounty.org if you have any questions. 

Sincerely, 

Charles Bree 

Operations Manager 

Horry County Department of Airports 

1100 Jetport Road 

Myrtle Beach, SC 29577 

(P) 843-448-1580 

Cc: Mr. Lanny Cline/FSDO, Mr. Herman Smith/ASO-Atlanta, Mr. Arrigo Carrotti/Horry County Legal Counsel, Ms. Pat 

Apone/HCDA Director of Airports and Mr. Jason Terreri/HCDA Asssistant Director of Airports 

HCDA-000154 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ,C.C:::h::.,~:::.:.:s..:B:::r.:.:. ______ _ 

Organization and Position: Horry County Department of Airports 

Telephone number: ..:8:..:4::.3-.:.44.:.:!I-:..:.:15:.:8::.0.,--,-:-:-:--_____ _ 

Date of Accident/Incident: .:;M::.:.~y..:l.:;4,:.:20::..:.14:._._ _____ _ 

Time: 4:30 PM local 

Location: Grand Strand Airport (CRE) 

Date of Report: ..:5:..;'1.:.:612"'0:..1:..;4 _____ _ 

Nemes of Witnesses 

Witness 1 

Name: John GrilflnlCRETower 

Address: 1500 West 33rd Ave. S 

North Myrtle Seach 29582 

Telephone: 843-272-3395 

Witness 2 

Name: __________ _ 

Address: 

Telephone: ________ _ 

Witn ••• 3 

Name:~N.:.:~_=_ ________ _ 

Address: 

Telephone: ________ _ 

Deteil. 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Per Mr. Griffin's report; three (3) skydive cuslomert; of Skydive Myrtle Beach landed well outside the landing zone at 

eRE. One (1) landed in front of the Tower and two (2) landed abeam the Runway 5 threshold. 

Details of any injuries: 

None 

Details of damage to aircraft/vehicles/equipment/facilities: 

None 

HCDA-OOOI55 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCOA staff in the event of an unusual incident. 

Name of person that completed this report: .:C:::h::an:::e::s:::B::.:r .. ~ _____ _ 

Organization and Position: Hony County Department of Airports 

Telephone number: .:8"''13-:..:.44:.:8-:..':.:5.:80''-_______ _ 

Date of Accident/Incident: .;:M::,:a:!y..:'.:.6,.:2::0.:.'4-'-_____ _ 

Time: 11:25AM local 

Location: Grand Strand Airport (CRE) 

Date of Report: .:51::..1::6::r2::0.:.'4~ _____ _ 

N.me.ofWitnesses 

Witness 1 

Name: Glenn Ray/cRE Tower Manager 

Address: 1500 West 33rd Avo. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

Witness 2 

Name: Bill TIIIer/CRE Tower Controller 

Address: 1500 West 33rdAve.S 

North Myrtle Beach 29582 

Telephone: ________ _ 

Wltne.53 

Name: .:.N::/A~ _______ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Per Mr. Tiller's report; two (2) skydive cutomers of Skydive Myrtle Beach landed well outside the designated, approved 

landing zone west of Runway 5123. 

Details of any injuries: 

None 

Details of damage to aircraft/vehicles/equipment/facilities: 

None 

HCDA-000156 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: -'C"h.;;.art"osc:.c:B"re"e ______ _ 

Organization and Position: Horry County Department of Airports 

Telephone number: ,;8,,43-:...;.44,,8-:,1:..;5,;80"-:--::-:-:-_____ _ 

Date of Accident/Incident: .::M::a"-y-'-16"',..:2::.0.:..14'-_____ _ 

Time: 12:35PM local 

Location: Grand Strand Airport (CRE) 

Date of Report: _5I_1_6fl._01_4 ______ _ 

Names of Witnesses 

Witness 1 

Name: Glenn Ray/CRE Tower Manager 

Address: 1500Wesl 33rd Ave. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

Wilne •• 2 

Name: Bill TllieriCRE Tower Conlroller 

Address: 1500 Wesl33rd Ave. S 

North Myrtle Beach 29582 

Telephone: ________ _ 

Wltne •• 3 

Name:.cN"'/A-'-_______ _ 

Address: 

Telephone: ________ _ 

Det.lls 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Per Mr. Ray's report; two (2) skydive cutomers of Skydive Myrtle Beach landed well outside the designated, approved 

landing zone north of the approach lights for Runway 5 and and the wooded north of Runway 5. 

Details of any injuries: 

None 

Details of damage to aircraft/vehicles/equipment/facilities: 

None 

HCDA-000157 
Monday, May 19, 2014 

Mr. Herman Sm~h 

FAA Southern Region 

Airports Division 

P.O. Box 20636 

Atlanta, GA 30320 

Subject: Request for information on Pedestrian Deviation at Grand Strand Airport 

Dear Mr. Smith, 

This letter is in response to your inquiry regarding the Pedestrian Deviation on Saturday, May 10, 2014 at 

Grand Strand Airport (CRE). As stated in your email, the deviation involved the actions of three sport 

parachutists, customers of Skydive Myrtle Beach (SDMB), attempting to jump into the designated and 

approved Landing Zone (LZ) at CRE. My conversation with the Control Tower Manager revealed that the 

three individuals missed the LZ and landed between a taxiway and the runway. Wrthout contacting the 

Tower, they proceeded to walk across an active taxiway and cleared the Movement Area via the ramp. I 

have also been in contact with the owner of SDMB with the intent to gather details and work jointly to find 

a solution to this safety issue. The owner disputes an incursion occurred. He did state if he feels an 

incursion does occur, the offending party is suspended from operation for the day. 

Our investigation determined the following: 

Who: Sky Dive Myrtle Beach customers 

What: Three skydivers landed well outside the LZ in the Movement Area. They gathered their 

parachutes and proceeded to cross an active taxiway before reaching the ramp. 

When: May 10,2014 at approximately 4:00 PM local time. 

How: It's indeterminable how this occurred. 

Why: In my discussion with the owner of SDMB, he made the statement "there was no incursion." 

The owner refuses to recognize this as an incursion due to the fact at some point, he was in contact w~h 

the Tower. 

1100 Jetport Road' Myrtle Beach, SC 29577 • P 843.44B,1580 • F 843626.9096 • www.FlyMyrtleBe.ach.cOID 

HCDA-000158 
Since the owner disputes an incursion occurred, he felt no sanction was warranted. During our 

discussion, the importance of briefing the SDMB customers and working to ensure incidents such as this 

do not occur in the future was emphasized. 

In addition, Movement Area training is provided by HCDA staff at this location. Five SDMB staff members 

attended training on March 22, 2014. Training is offered on a continuous basis. SDMB's owner has not 

attended training. 

If you have any further questions, please contact me at 843-839-7343 or breec@horrycounty.org. 

Sincerely, 

Charles Bree 

Operations Manager 

Horry County Department of Airports 

HCDA-000159 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: _C_ha_"_e_s_B_ree ______ _ 

Organization and Position: Hotll'Counl~Dep.llmmiofAirp.~I'(HCDJWOp··al ...... M.nag"' 

Telephone number: -=8-=43-'--'.44-"11-:...1;..:5'-80 ________ _ 

Date of Accident/Incident: M:.:aY,-2",2=:., .::.20:...1,,4 ______ _ 

Time: 10:12 AM Local 

Location: Grand strand Airport (CRE) 

Date of Report: "'512=212=0'-14'-_____ _ 

Names of Witnesses 

Witness 1 

Name: Glenn Ray/eRE Tower Manager 

Address: 1500 West 33rd Ave. S 

Nonh Myrtle Beoch 29582 

Telephone: 843-272-3395 

Witness 2 

Name: John GnfllnlCRE Air Traffic Controller 

Address: 1500West33rdAve.S 

North Myrtle Beoch 29582 

Telephone: 843-272-3395 

Witness 3 

Name: Jason rlrnJIIHCDA Asst. Dlredorof AlrpOr1s 

Address: 1110 Jelport Road 

Myrtle Beach, SC 29577 

Telephone: 843-4411-1580 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Per Mr. Ray's report; six sport parachutists jumped from a plane operated by Skydive Myrtle Beach (SDMB). Three 

individuals landed in the agreed upon/designated CRE Landing Zone (LZ). Three others landed well outside the LZ and 

off CRE property. Mer talking with Mr. Ray via phone, he said the controller lost sight of two of the individuals and 

advi~e~.hey ,:"~y have I~n~~d o.~ t~~ ~ac~ .• !he ~irtraff~? con!!:0Ile~.~s~7d ',!:l::?i!?t, via radio: i~:~his" w~ a plan~e~ " .. 

Details of any injuries: 

None 

Details of damage to aircraft/vehicles/equipment/facilities: 

None 

HCDA-000160 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ,eC::.h:::an:::e::s.:B::.:re::e'-_____ _ 

Organization and Position: Hony CDuntyDeparlmentorAlrpQrtsJOpera~ons Manager 

Telephone number: ~8=4:.3-.::44:::S.:...:.:15::8::.0 _______ _ 

Date of Accident/Incident: .::M:::a:.!,y.:2::.3,c:2::O.::14=-_____ _ Time: Unknown 

Location: Grand strand Airport (eRE) Movement Area 

Date of Report: .::5:!/2::::312:!:,O:.1::4 _____ _ 

Names of Witnesses 

Witness 1 

Name: John GriffinJCRE Air Traffic Controller 

Address: 1500 West 33rd Ave. S 

North Myrtle Seach 29582 

Telephone: 843-272-3395 

Witness 2 

Name: BlllTllier/CRE Air Traffic Controller 

Address: 1500 West 33rdAve. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

Wltnes53 

Name: ~N:::/A:..:-. ________ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Per an E-mail report forwarded by CRE Tower Manager, Glenn Ray; After jumping from a plane operated by Skydive 

Myrtle Beach (SOMB), one spert parachutist landed on Taxiway "A" and ran back to the approved/designated Landing 

Zone without contacting the Tower. Since this event occurred on an active taxiway in the Movement Area, CRE Tower 

staff will forward "Mandatory Occurrence Repert". 

Details of any injuries: 

None 

Details of damage to aircraft/vehicies/equipment/facilities: 

None 

HCDA-000161 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: .:;E=dwa=rd.:...:D;;:ln"'9;;:le!...y _____ _ 

Organization and Position: HmycounI!iDap..tmentrtAirporw~er:iljOnSS~eMeDr 

Telephone number: _8_43-_44;cS-;...1..:;5;...80 ________ _ 

Date of Accident/Incident: .;.M;;..a"v_2_4,-, 20_14 ______ _ 

Time: 1718 Local 

Location: Grand strand Airport (eRE) Movement Area 

Date of Report: .,:51:.:2;;:512=01.:..4'-_____ _ 

Nemes of Witnesses 

Wltnessl 

Name: Phil ZelllCRE AirTraffic Controller 

Address: 1500W.st 33rd Avo. S 

Nor1h Myrtle Seach 29582 

Telephone: 843-272-3395 

Witness 2 

Name:.:.N~~~ __________ _ 

Address: 

Telephone: ________ _ 

Witness 3 

Name: _N_'A _________ _ 

Address: 

Telephone: ________ _ 

Deteils 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the Incident 

Per an E-mail report forwarded by CRE Tower Manager, Glenn Ray; After jumping from a plane operated by Skydlve 

Myrtle Beach (SDMB), one sport parachutist landed on West Side of RWY 23 and proceeded across RWY 23 and TWY 

A on foot without permission. Since this event occurred on an active taxiway in the Movement Area, CRE Tower staff 

will forward "Mandatory Occurrence Report". 

Details of any injuries: 

None 

Details of damage to aircraft/vehicies/equipment/facilities: 

None 

HCDA-000162 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ...:C"'h...:ad_C_o-'x'-______ _ 

Organization and Position: "'myCaUII\,DepatmeltItAlrpQUlOperMIon~6~eM~or 

Telephone number: .:8...:43-:....:44:.:8-...:1:.:5"'80:-:-= ______ _ 

Date of Accident/Incident: .:.M:.:a"y..:2...:4,:..:2:.:0.:.14.:...... _____ _ 

Time: ..:1"'82::8=--__________ _ 

Location: Grand Strand Airport (CRE) MovementAree. 

Date of Report: _0_512_6f2_0_1_4 _____ _ 

Nlmes of Witnesses 

Witness 1 

Name: Phil ZelllCRE AirTraWic Controller 

Address: 1500 West 33rd Avo. S 

Nalh Myrtle Beech 29582 

Telephone: 843-272-3395 

Witness 2 

Name: Robert ColllnsIHCDA 

Address: 2800 Tennlnel Rd. 

Nalh Myrtle Beech,Se 29582 

Telephone: 843-848-7400 

Witness 3 

Name: .:.N;::.'A.:...... _______ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Per an E-mail report forwarded by eRE Tower Manager, Glenn Ray; After jumping from a plane operated by Skydive 

Myrtle Beach (SDMB), one spert parachutist landed West side of RWf 23, and proceed across RWf 23 without 

clearance. The jumper then proceeded onto TWf A where he was picked up by North Myrtle Beach Aviation Golf 

~art.:.' .. ~~opr~eded, al to:.vers r~~uest. ~ky Dive ~yrtle Bea~h ~nt a golf c~rt I? pick up !h~ir ju~~e..':, ,!lui was, u~ab~~ 

Details of any injuries: 

None 

Details of damage to aircraft/vehicies/equipment/facilities: 

None 

HCDA-000163 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: _E_dward __ D_ln-=g:...le.:.y _____ _ 

Organization and Position: HCDA Operatlons SUpel"\lisor 

Telephone number: .,:;84.;.::>-:...44=8-.;.:15:;:8:...0=c-______ _ 

Date of Accident/Incident: .;.:8-:.;.:22;:-.,:;20:...1..:;4 _______ _ 

Time: .;.:1.,:;30;:5 ___________ _ 

Location: North Myrtle Beach Airport 

Date of Report: _8-_2_>-_20_1_4 ______ _ 

Names of Witnesses 

Wltn.ssl 

Name: Ectwa.rd Dingley 

Address: 1100 Jelport Rd. 

Myrtle Beach, se, 29577 

Telephone: .;.:8..:.4:>-_4 __ 4:...8-..:.15:.;80-=-____ _ 

Witness 2 

Name: Sam Narrow 

Address: 

1100JetportRD 

Myrtle BeBch, se 29577 

Telephone: _8..:.4:>-_4_4_8-_15_80 _____ _ 

Witness 3 

Name: Bill Tiller 

Address: 2800 Terminal st. 

North Myrtle Beech, se 29582 

Telephone: ..:8..:;4:>-:.cZT=>-..:.33:.;95-=-____ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

A parachuter landed then jumped off the 10011 fuel tank South East of the designated landing area. According to ATe the 

jumping company did aknowledge the incident on ground Frequency. 

Details of any injuries: 

No remnrtp.d inilJrip.~ 

Details of damage to aircraft/vehiciesjequipment/facilities: 

No damaged observed to airport property. 

HCDA-000164 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: -.::C~h::ad~C~o~x~ ______ _ 

Organization and Position: HCOA Operations SUpervisor 

Telephone number: .:84~3-44:...:.::.8-~15::8:.0 ________ _ 

Date of Accident/Incident: .:8-.:22::".::2o::1.:.4 _______ _ 

Time: .:1.::53::5:.... __________ _ 

Location: North Myrtle Beach Airport 

Date of Report: ~8-:.:2::2-:.:2:.01:.:4 ______ _ 

Names of Witnesses 

Wltnes.l 

Name: PhliZell 

Address: 2800 Terminal st. 

North Myrtle BeaCh, SC 29582 

Telephone: 843-272-3395 

Witness 2 

Name: William Tiller 

Address: 2800 Terminal st. 

North Myrtle Beach, SC 29582 

Telephone: 843-272-3395 

Witness 3 

Name: _________ _ 

Address: 

Telephone: ________ _ 

Oeteil. 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Two solo jumpers landed outside landing zone. 

Landing took place between taxiways T , C and the ramp. 

Jumpers did stay in place, and waited for a pickup from Skydive MB staff. 

Proper clearance was obtained by Skydive MB before proceeding onto airfield. 

Details of any injuries: 

Nn reoorten inilJrip.:~ 

Details of damage to aircraft/vehicles/equipment/facilities: 

No damaged observed to airport property. 

HCDA-000165 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ..:C::cha=~e::s..:B::cre::e,--_____ _ 

Organization and Position: HCDAlOperations Manager 

Telephone number: _8_4_3-_44_8-_1_5_8_o ________ _ 

Date of Accident/Incident: _4..;;J_ul.:.y_20_1_4 ______ _ 

Time: Approx.01:30L 

Location: Off the Beach of North Myrtle Beach 

Date of Report: ..;.7'-'/1.;:.6:;:12::.0.;..14'-_____ _ 

Names of Witnesses 

Wltnessl 

Name: None (See details below) 

Address: 

Telephone: ________ _ 

WltnessZ 

Name: __________ __ 

Address: 

Telephone: ________ _ 

Witness 3 

Name: __________ __ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Advised by local media an incident occurred involving a banner-tow aircraft and a para-sail just off the beach in North 

Myrtle Beach. No injuries reported. The aircraft and para-sail landed safely. FSDO advised they are aware and have 

been investigating. eRE Tower reported they were notformally advised and are working with the FSDO. 

Details of any injuries: 

Details of damage to aircraft/vehicles/equipment/facilities: 

HCDA-000166 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: .::C:::h:.art:::e::s.::B:::ree::... _____ _ 

Organization and Position: HCDAlOperations Manager 

Telephone number: .::8::43-::::::44:::1>-:::1:.:5::8:.0 _______ _ 

Date of Accident/Incident: ~4:.:J::U::!ly..:2:::0.::14~ _____ _ 

Time: Approx.01:30L 

location: Off tho Beach of North Myrtlo Beach 

Date of Report: .:.71:..:1..:6f2=0.:..14~ _____ _ 

Names of Witnesses 

Witness 1 

Name: None (Soe details below) 

Address: 

Telephone: ________ _ 

Witness 2 

Name: _________________ _ 

Address: 

Telephone: _______________ _ 

Witness 3 

Name: _________ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Advised by local media an incident occurred involving a banner-tow aircraft and a para-sail just off the beach in North 

Myrtle Beach. No injuries reported. The aircraft and para-sail landed safely. FSDO advised they are aware and have 

been investigating. eRE Tower reported they were not formally advised and are working with the FSDO. 

Details of any injuries: 

None 

Details of damage to aircraft/vehicles/equipment/facilities: 

Minor damage to the banner and the para-sail. 

HCDA-000167 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ..:c:::h=:art:::e::s.:B:::re::e'-_____ _ 

Organization and Position: HCDAlOperaUons Manager 

Telephone number: ..:8..:43-.:....:.44.;.;8-'-1.;.;5'-8_0 ________ _ 

Date of Accident/Incident: .;7.;.;/2:.;4..;./2..;.0_14~ ______ _ 

Time: 14:38L 

Location: CRE/Approach end RWY 23 

Date of Report: ..:.712=812.=0::.:1..:4 _____ _ 

Nemes of Witnesses 

Witness 1 

Name: Bill Tiller/eRE ATC 

Address: 1500 West 33rd Ave. S 

Norlh Myrtle Beach 29562 

Telephone: 843-272-3395 

Witness 2 

Name: _________ _ 

Address: 

Telephone: ________ _ 

Witness 3 

Name: ___________ __ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Skydive client of "Skydive Myrtle Beach" in proximity to Runway 23 approach end. While landing, became low over the 

runway causing a landing helicopter to initiate a go-around. 

Details of any injuries: 

NIA 

Details of damage to aircraft/vehicies/equipment/facilities: 

NIA 

HCDA·000168 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ~C:::ha=~:::e=s..:B:::ree=-_____ _ 

Organization and Position: HCDAlOperations Manager 

Telephone number: .;;8"-43-::....:.44.:..:8-:,.1':'5::80:::-:-:-______ _ 

Date of Accident/Incident: ..:7.:..:/26=/2,,0'-14'-______ _ 

Time: 15:51L 

Location: .;;C:.:.R:.:E=---:==:c-:-______ _ 

Date of Report: .;7:::12:.:8::12:.:0.:..14::....:. _____ _ 

Names of Witnesses 

Witness 1 

Name: eRE TOW(Ir/Controller(unnamed in inllel rapq\:) 

Address: 1500 Wost 33rd Ave. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

Witness 2 

Name: __________ _ 

Address: 

Telephone: ________ _ 

Witness 3 

Name: __________ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

One client of Skydive Myrtle Beach, landed west of the Control Tower in the Non-movement area. 

Details of any injuries: 

N/A 

Details of damage to aircraft/vehides/equipment/facilities: 

N/A 

HCDA-000169 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ..:C.;.;ha.::;~.;.;.",s..:B.;.;r.:..:. ______ _ 

Organization and Position: HCDAlOperations Manager 

Telephone number: ..:8.:.43-=-4..:.4:.:6-:-1c:5~80=:-:-______ _ 

Date of Accident/Incident: .:.7..:-2:.:6-..:2:.:0..:.14"'-______ _ 

Time: 18:20L 

Location: AIrfield, west of CRE Control Tower 

Date of Report: _7-_2_6-_2_01_4 ______ _ 

Names of Witnesses 

Witness 1 

Name: eRE Tower/Controller (unnamed in Inltial report) 

Add ress: 15110 West 33rd Ave. S 

North Myrtle Seach 29582 

Telephone: 843-272-3395 

Witness 2 

Name: _________ _ 

Address: 

Telephone: ________ _ 

Witness 3 

Name: _________ _ 

Address: 

Telephllne: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

One client of Skydive Myrtle Beach, landed west of the Control Tower in the Non-movement area. Similar incident 

occurred previously on the same day. 

Details of any injuries: 

N/A 

Details of damage to aircraft/vehicies/equipment/facilities: 

N/A 

HCDA-000170 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HeDA staff in the event of an unusual incident. 

Name of person that completed this report: ..::C.;.;h=a~c:;.c:s..::B.;.;re-,. ______ _ 

Organization and Position: HCDAlOperations Manager 

Telephone number: .:8..:.43-;:::..:.44c:;8-':-I:;S-c- 80=:::-:-:-______ _ Date of Accident/Incident: .:7..::-2::6-..:2::0..:.14'--______ _ 

Time: 18:50LL 

Location: Airfield, west of CRE Control Tower 

Date of Report:_7_-2_8-_2_0_14 ______ _ 

N.mes of Witnesses 

Witness 1 

Name: eRE TomrlCortroller(unnemed in Initial report) 

Address: 1500 West 33rd Ave. S 

Na1h Myrtle Beach 29562 

Telephone: 843-272-3395 

Witness 2 

Name: __________ __ 

Address: 

Telephone: ________ _ 

Witness 3 

Name: __________ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

One client of "Skydive Myrtle Beach" landed between TWY A and RWY 23 northeast of TWY D. 

Details of any injuries: 

N/A 

Details of damage to aircraft/vehicles/equipment/facilities: 

N/A 

HCDA-OOOI71 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: ..:c"'h"'an..:eccs.=B._re __ e ______ _ 

Organization and Position: HCDAlOperations Manager 

Telephone number: .:8,,43-""'44..:11-':-1'=5-:-80-::-,:-:-_______ _ 

Date of Accident/Incident: ,,7..:-2..:6-..:2:::0.:.14-'-______ _ 

Time: 19:45L 

Location: Airfield, west of CRE Control Tower 

Date of Report: _7_-2_11-_2_0_14 ______ _ 

Names of Witnesses 

Witness 1 

Name: eRE Tower/Controller (unnamed in initial report) 

Address: 1500 West 33rd Ave. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

WltnessZ 

Name: ______________ ___ 

Address: 

Telephone: _________ _ 

Witness 3 

Name: ____________ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

One client of Skydive Myrtle Beach, landed west olthe Control Tower in the Non-movement area. Two similar incidents 

occurred previously on the same day. 

Details of any injuries: 

N/A 

Details of damage to aircraft/vehicles/equipment/facilities: 

NIA 

HCDA-OOOl72 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: Heather Solomon 

Organization and Position: General Aviation -AdministJalive Analyst 

Telephone number: _8_43-_84_8-_7_4.,-0,.,0-:-:c-:-______ _ 

Oate of Accident/Incident: _o_810_812_o_1_4 ______ _ 

Time: 3:00pm 

location: eRE Ramp and Alrtleld 

Oate of Report: .;:0.:.810=86::./2,,0:..;1-'.4 _____ _ 

Names of Witnesses 

Wltn.ssl 

Name: Heather Solomon 

Address: Administrative Analyst 

Telephone: ________ _ 

Witness 2 

Name: Nikki Lucas 

Address: Customer Service 

Telephone: ________ _ 

Witness 3 

Name: ____________ _ 

Address: 

Telephone: __________ _ 

Detlils 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Skydivers were landing in the grass on the other side of the ramp. Have a photo. Also, a red golf cart drove on the taxi 

way area to pick up skydivers. To our knowledge, employees of SkyDive do not have proper access to drive in that area. 

Heather contacted the tower and spoke with Bill, but he did not see these events. 

Details of any injuries: 

None 

Details of damage to alrcraft/vehicles/equipment/facilities: 

None 

HCDA-000173 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed bV HCDA staff in the event of an unusual incident. 

Name of person that completed this report: -'c:;,h.::.ad"-c.:.o"'x'-______ _ 

Organization and Position: HmyC~untyOepm.entctAlrplrt5/qler!tlcnsSl4leM~or 

Telephone number: ..:8..:43-:....:.44.:.:S-=:-:c15-:=8~0=_:_------

Date of Accident/Incident: -'0.::81..:1"'61.:20::.;1..:4 ______ _ 

Time: 1130 Local 

Location: 7th Ave North MyrHe Beach 

Date of Report: .:0.::8/..:1.::612.:.0:.1:..:4 _____ _ 

Names of Witnesses 

Wilnessl 

Name: Jack GrlfflnlCRE Air Traffic Controller 

Address: 1500 West 33rd Ave. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

Wllne.52 

Name: Momy Reed 

Address: 1015 2nd Ave. S. 

North Myrtle Beach, SC 29582 

Telephone: 843-281-3820 

Wilness3 

Name: .:.N:;,IA'-_______ _ 

Address: 

Telephone: ________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

W~ness reports state that on Saturday August 16th at approximately 1130am local 10 to 12 parachutists landed on the 

beach near 7th Ave in North Myrtle Beach. 

North Myrtle Beach Beach Patrol responded to location and questioned the parachutists. 

When Beach Patrol questioned the parachutists as to why they landed on the beach, it was answered "we do this all the 

Details of any injuries: 

None 

Details of damage to aircraft/vehicies/equipment/facilities: 

None 

HCDA-000174 
AGENCYLD. 

SC0260700 

3 

IN-ENT REPORT 

JURisDICTION OFTHEFT 

'LAW eNFORCEMENT AGENCY 

H' 

e 

H 

e 
Jackson, Timothy 

From: 

Sent: 

To: 

Cc: 

Subject: 

-----Original Message-----

Block, Mildred 

Wednesday, April 09, 2014 11 :03 AM 

Jackson, Timothy 

Apone, Pat; Lovell, Kirk 

FW: Documentation 

From: Chad Johnson [mailto:chad@phoenixlandscape.,netj 

Sent: Tuesday, April 08, 2014 10:36 PM 

To: Block, Mildred 

Subject: Documentation 

Milly, 

On Saturday April 5th,llanded on runway 23 and exited at Bravo taxiway intersection onto Bravo taxiway, I momentarily 

stopped on Bravo due to my engine cutting off, I alerted ground control and had it back running in a few seconds, I 

alerted ground control and was cleared to taxi on Bravo to the ramp. Within a few seconds a green canopy was closing 

in on my position. I applied the brakes and reached for the mixture to cut off the motor, in an attempt to not have my 

prop turning if he were to hit my aircraft, Ground control quickly warned me about him as he closed on my position 

within 30 feet. 

He pulled left as he was traveling down taxiway bravo and landed in the drainage ditch just off the taxiway, I fear II had 

not seen him and got the plane stopped that he would have been badly injured. Other solo skydivers then descended 

along the edge of the ramp approximately 200 feet to my left. Ground control again warned me that they were "landing 

everywhere". The controller was less than pleased, 

I have recently been skydiving and enjoyed it very much, On both occasions all of our jumpers landed in a designated 

area outside the runway and taxiway environment. My suggestion is that they might locate a landing zone further away 

from the Runway and taxiways. The group I went with had people on the ground slinging sand in the air to show the 

skydivers the wind direction, Possibly some smoke devices or other means could be employed to improve wind 

awareness as well. 

Chad Johnson 

President 

Phoenix Landscape Management 

Cell 864-201-3840 

Toll free cell 866-874-6364 

Main office 800-698-3590 

Fax 864-609-9125 

All e-mail correspondence to and from this address may be subject to public disclosure under the South Carolina 

Freedom of Information Act (FOIA). This correspondence is intended exclusively for the individual or entity to which it is 

addressed and may contain information that is proprietary, privileged, confidential or otherwise legally exempt from 

disclosure. 

1 

HCDA-000176 
Horry County Department of Airports 

Unusual Incident Report 

Accident and Incident Report Form 

To be completed by HCDA staff in the event of an unusual incident. 

Name of person that completed this report: _C_h_ar_le_s_B_re_e ______ _ 

Organization and Position: HCDAlOperations Manager 

Telephone number: -'8_4"-3-_4_48:...-_15:...8-'0 ________ _ 

Date of Accident/Incident: _2_7_A_U9=-U_s_t2_0_1_4 _____ _ 

Time: 10:08L 

Location: Grand Strand (KCRE) Airport 

Date of Report: _2_7_A_u"'9U_s_t_20_1_4 ____ _ 

Names of Witnesses 

Witness 1 

Name: Glenn Ray/eRE ATe Manager 

Address: 1500 West 33rd Ave. S 

North Myrtle Beach 29582 

Telephone: 843-272-3395 

Witness 2 

Name: ___________________ _ 

Address: 

Telephone: ________ _ 

Witness 3 

Name: __________ _ 

Address: 

Telephone: ________________ _ 

Details 

Details of the accident/incident: (Include details of people involved, aircraft, vehicles, and equipment. Include details of 

what took place that contributed to the incident 

Seven sport parachute clients of "Skydive Myrtle Beach" performed a jump. Two clients landed on the beach. One in the 

neighborhood east of CRE and one on the public road (Wiley Drive) adjacent Airport property. 

Weather at the time of jump: 

01008KT 10SM CLR 24/17 A3001 

Details of any injuries: 

N/A 

Details of damage to aircraft/vehicles/equipment/facilities: 

N/A HCDA-000177 
north rnyrtle beach 

i':in UE~IL: 'Ud iil' 

Owned and operated by Harry County / Horry County Department of Airports 

March 20, 2014 

To: Valued Customer 

From: Horry County Department of Airports/North Myrtle Beach Aviation 

North Myrtle Beach Aviation is owned and operated by Horry County I Horry County Department of Airports 

Re: Policy on accepting mail for tenants / Airport Operations Area (AOA) Drivers Training 

Sir / Ma'am, 

Effective April 1 , 2014North Myrtle Beach Aviation will no longer accept any mail or other deliveries for 

any tenant at Grand Strand Airport (CRE). If your mail or deliveries are currently being left at the 

Customer Service counter please make other arrangements. We understand that this was the 

procedure prior to the Horry County Department of Airports (HCDA) assuming operations at CRE; 

however, HCDA's staff cannot be responsible for accepting, maintaining control of, or delivering 

HCDA's tenants' mail or deliveries. 

Also, to enhance the safety of operations at CRE HCDA will be providing AOA (Aircraft Operations 

Area) driver's training to all tenants that wish to operate vehicles on the AOA. Once instituted, 

successful completion of this training will be required prior to any person being permitted to gain access 

to the AOA in a vehicle. 

The classes are scheduled for; 

1. Saturday 22 March 2014 at 09:00 am 

2. Tuesday 25 March 2014 at 13:00 (1pm) 

3. Thursday 27 March 2014 at 16:00 (4pm) 

The classes will be held in the FBO building. 

If you have any questions please feel free to contact North Myrtle Beach Aviation at 843-848-7400 

NMBA@horrycounty.org or Tim Jackson at 843-839-6740 jacksont@horrycounty.org . 

Sincerely, 

~~t~,,- Tim JackQ 

FBO Manager 

Cc: Pat Apone/Director of Airports 

Charles Bree/Airport Operations Manager 

Steve Robbins IARFF Chief 

HCDA-000178 
'!'=-;. 

myrtle beach '¥;~ """",,,,,,,,,, "TIC<c MYRTLE BEACH INTERNATIONAL AIRPORT FIRE DEPARTMENT 

Class Date: 

Location: 

Reference Material: ~~~~-r--~-------------'~~7-----------­ Instructor: J-<i;tft C:'r:;P;1' L, ;J6iIJt: 

Start Time: (J 9r!Jo' End Time: ---=-~b 

Details: 

Received instruction in Airport Movement and Safety areas. TIus instruction meets the recurrent 

training requirements of 14 CPR Part 139.303 for personnel who operate in the Airport Operations 

Area as required under the Airport Certification Manual. 

Employee Name Organization Signature /' 

/J / / (please Print) 

2 

4 

-------------------------c---- .... --....... ---t-----------

5 

6 

-----........ ----------t------------I-------------I 

7 I 

I 

8 

~.~ ...• - I --

I 

! 

I 

! .-

! .. 

I 

-

I 

9 

10 

11 

12 

, 13 I , --

14 

1; 1_ ... _ 

HCDA-000179 
'~ 

myr"tl~,g~t;,~,~'~ MYRTLE BEACH INTERNATIONAL AIRPORT FIRE DEPARTMENT 

Class Date: 

Location: n. VIA C?:, A·'>I1 a...-~ Subject: ~ ."'"~s\o I>cw 

Reference Material: La At ~ 4.-'>MMTh4 ~tM.\!""""'-:r"y.". fv>"r 

Instructor: S, Q.~ Signatme: ~9' "h~~ 

Start Time: /.SV!l End Time: ISY S" Total:, '1 S' 

Details: 

Received instruction in Airport Movement and Safety areas. This instruction meets the recurrent 

training requirements of 14 CFR Part 139.303 for personnel who operate in the Airport Operations 

Area as required under the Airport Certification ManuaL 

Employee Name 

(Please Print) 

him r 

Organization Signature 

.' 

2 Ro.be.t ~(.,~II''''5,~)'------tJ~~~~--~~~~---------1 

4- 3 

4 

5 

7 

8 -------------+-----=4---

------------1 

9 

10 

l1 

-------------f ----- ---+---------------------

l2 

,------ ---------------+ ------------1 

13 

14 

15 

HCDA-000180 
February 26, 2013 

Written Statement 

On Sunday, February 23", the pilot for N750SN, the Skydive plane, came in to request fuel. Lori 

and I explained to him that we had to contact Tim Jackson to get approval to fuel their plane. He left, 

seemingly upset. I called Tim and he gave us approval forthe fuel request, provided they have a form of 

payment at the time. As I hung up, Robert Eastman came in and asked if there was an issue. We 

explained that we had gotten approval and we would get the plane fueled. He made a comment that 

they (Skydive) "weren't going to stop until Tim and Jack lose their jobs". He also commented on his way 

out the door that we could make a point of telling them what he said. 

Sarah M. Glanders 

HCDA·000181 
February 26,2013 

Written Statement 

On Sunday, February 23,d, the pilot for N750SN, the Skydive plane, came in to request fuel. 

Sarah and I explained to him that we had to contact Tim Jackson to get approval to fuel their plane 

because of contract issues. He left, upset. We called Tim and he gave us approval for the fuel request, 

provided they have a form of payment. As Sarah hung up, Robert Eastman and two other men came in 

and asked if there was an issue. We explained that we had to call Tim to get approval and we would get 

the plane fueled. He made a comment that they (Skydive) "weren't going to stop until Tim and Jack lose 

their jobs". He also commented on his way out the door that we could tell them what he said. 

Lori W. Locklear 

HCDA-000182 
February 26, 2013 

Written Statement 

On Sunday, February 23", the pilot for N7S0SN, the Skydive plane, came in to request fuel. 

Sarah and I explained to him that we had to contact Tim Jackson to get approval to fuel their plane 

because of contract issues. He left, upset. We called Tim and he gave us approval for the fuel request, 

provided they have a form of payment. As Sarah hung up, Robert Eastman and two other men came in 

and asked ifthere was an issue. We explained that we had to call Tim to get approval and we would get 

the plane fueled. He made a comment that they (Skydive) "weren't going to stop until Tim and Jack lose 

their jobs". He also commented on his way out the door that we could tell them what he said. 

Lori W. Locklear 

HCDA-000183 
February 26, 2013 

Written Statement 

On Sunday, February 23", the pilot for N750SN, the Skydive plane, came in to request fuel. Lori 

and I explained to him that we had to contact Tim Jackson to get approval to fuel their plane. He left, 

seemingly upset. I called Tim and he gave us approval for the fuel request, provided they have a form of 

payment at the time. As I hung up, Robert Eastman came in and asked if there was an issue. We 

explained that we had gotten approval and we would get the plane fueled. He made a comment that 

they (Skydive) "weren't going to stop until Tim and Jack lose their jobs". He also commented on his way 

out the door that we could make a point of telling them what he said. 

Sarah M. Glanders 

HCDA·000184 
Jackson, Timothy 

From: 

Sent: 

To: 

Cc: 

Subject: 

Terreri, Jason 

Sunday, June 29, 2014 6:07 PM 

Bree, Charles 

Dingley, Edward; Apone, Pat; Jackson, Timothy 

Re: CRE Sunday 

Ed did everything right. No worries. We address if it comes up with Aaron 

Thanks for sharing. 

Jason 

Sent from my iPhone 

> On Jun 29, 2014, at 5:03 PM, "Bree, Charles" <BreeC@HorryCounty.org> wrote: 

> 

> Very briefly; Ed and Robert Eastman/Skydive MB were talking on the ramp. A skydiver appeared to miss the mark 

north of the fuel farm. Robert said he wanted to take a look and asked Ed to ride along. After seeing everything was Ok, 

they returned to the ramp. Ed was approached by Mr. Holly who followed Ed with his iPhone and recorded Ed's name 

using his badge. Apparently, even Robert stated Mr. Holly was rude/aggressive about it. Ed was attempting to make 

sure no one was hurt or landed outside the fence. 

> 

> Sent from my iPhone 

> 

> All e-mail correspondence to and from this address may be subject to public disclosure under the South Carolina 

Freedom of Information Act (FOIA). This correspondence is intended exclusively for the individual or entity to which it is 

addressed and may contain information that is proprietary, privileged, confidential or otherwise legally exempt from 

disclosure. 

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