On the agenda: Conway Infrastructure & Regulation Committee - Oct 08, 2024 — license plate recognition (Oct 8)

Committee
Members:
Al Allen, Chairman
Tom Anderson
Mark Causey
Johnny Gardner
Bill Howard
Michael Masciarelli

INFRASTRUCTURE & REGULATION COMMITTEE
Council Conference Room
9:00 A.M., Tuesday, October 8, 2024
I.

Invocation & Pledge of Allegiance

II.

Public Input

III.

Approval of the Agenda

IV.

Approval of Minutes – September 10, 2024 pgs.3-14

V.

Discussion Items

VI.

Resolutions
a. A Resolution to accept the road(s) and drainage in the following subdivisions into the
Horry County Maintenance System. / David Gilreath
1. Cypress Ridge Phase 1 (Old Cypress Way, Cypress Preserve Circle, G P Smith
Avenue, Wades Way, Rollins Drive, Lauryn Oak Loop, Arizona Drive, and Regal
Fern Way) pgs.15-17
2. Handfield Place Phase 1A (Fox Rae Drive and Fennec Loop) pgs.18-20
3. Spring View Landing (Fair Meadow Court) pgs.21-23
4. Sugar Loaf Phase 2 (Averyville Drive) pgs.24-26

VII.

Ordinances
a. AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO
EXECUTE A LEASE AGREEMENT WITH MACH AERO LLP FOR THE RIGHT TO LEASE
HANGAR 1 AND SURROUNDING RAMP AREA AT GRAND STRAND AIRPORT. / Ryan
Betcher pgs.27-59
b. AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO
EXECUTE A LEASE AGREEMENT WITH HORRY COUNTY COUNCIL ON AGING OF
CERTAIN REAL PROPERTY IN HORRY COUNTY, SOUTH CAROLINA. / Randy Haldi
pgs.60-79
c. AN ORDINANCE AMENDING ARTICLE IX, SECTION 919 OF THE ZONING ORDINANCE OF
HORRY COUNTY, SOUTH CAROLINA PERTAINING TO NON-COMMERCIAL PERSONAL
USE BUILDINGS. / Charles Suggs pgs.80-84

VIII.

Old Business

IX.

Workshop Discussion
a. Land Use Forecasts & Analyses – Future Land Use Map Scenarios. / Rajiv Myana

X.

Attachments (For Information Only)
a. Airport Departmental Reports pgs.85-87
b. Ride II & III Reports pgs.88-94
c. Stormwater Reports pgs.95-96
d. Public Works pgs.97-106
e. Parks & Recreation pg. 107
f. Code Enforcement pgs.108-113
g. Fleet pg.114
h. Planning & Zoning pgs.115- 117
i. Horry County Solid Waste pgs.118-126

XI.

Council Member Comments

XII.

Executive Session: If needed.

Approved
10/2/2024
David Gilreath, P.E., Asst. County Administrator of I&R Division/Date
Approved
10/3/2024
The Honorable Al Allen, Infrastructure & Regulation Chairman/Date
Approved
10/3/2024
Steven S. Gosnell, P.E., Horry County Administrator/Date

MINUTES
HORRY COUNTY COUNCIL
Infrastructure & Regulation Committee Meeting
Council Conference Room
September 10, 2024
9:00 a.m.
MEMBERS PRESENT: Al Allen, Chairman; Tom Anderson; Mark Causey; Johnny Gardner; Bill Howard;
and Mike Masciarelli.
MEMBERS ABSENT:
OTHERS PRESENT: Ashley Carroll; Steve Gosnell; David Gilreath; Randy Webster; Barry Spivey; David
Jordan; Councilman Gary Loftus; Charles Suggs; Judi Olmstead; John Barnhill; Ryan Betcher; Michelle
Crocker; and Mikayla Moskov.
In accordance with the FOIA, notices of the meeting were provided to the press stating the time, date,
and place of the meeting.
CALL TO ORDER: Chairman Allen called the meeting to order at approximately 9:00 a.m.
INVOCATION AND PLEDGE: Chairman Allen gave the invocation and led in the Pledge.
PUBLIC INPUT: None.
APPROVAL OF AGENDA CONTENTS: Mr. Gardner moved to approve the agenda contents,
seconded by Mr. Anderson. The motion passed unanimously.
APPROVAL OF MINUTES: August 6, 2024. Mr. Causey moved to approve the minutes as
submitted, seconded by Mr. Anderson. The motion passed unanimously.
DISCUSSION ITEMS:
Official Map for I-73: Chairman Allen stated at the Council meeting the following Tuesday they would be
facing a third reading for the official mapping of I-73. In the past couple of weeks, a lot of other
information and acknowledge had come to light. He asked for this to be placed on the agenda for
discussion. Before he jumped on his soapbox he wanted to open it up to the committee for any
comments or questions that they might have. Mr. Howard stated what he was getting at was when the
funding for I-73 is on the transportation tax for their part, nothing was going to be done or happen with
that money until they get matching monies from the state or federal. Was that correct? Mr. Gilreath
stated currently the referendum requires the Dot to be under contract for the remainder of the project
outside of Horry County to I-95. Mr. Howard stated so until they were on the hook for the remaining of the
monies to get it to I-95, correct? Mr. Gilreath replied right. Mr. Howard stated what they were talking
about was the properties that are in the right of way, right? Chairman Allen replied correct. Mr. Howard
stated what they were trying to do was give them relief not to be worrying until they actually have a viable
project. Chairman Allen replied exactly. If he might say, 100% of the mapping of I-73 was coming
through District 11, but yet all of them on Council was getting calls and so forth. His philosophy was
those people out there elected him to represent them, and 35 years ago the first signs came up along
Hwy 501, the future corridor of I-73. Now, let it be known that Al Allen or this Council was not against an
interstate connector because they had made that clear, but it had been 35 years and the route had
changed about 3 or 4 times. Where it was at currently, what was happening was they had land owners
who were being denied permits in order to enhance or build upon their property because of that. He
would like to see them stop that process and wait until the DOT or the feds put their money on the table to
purchase the land. They should not be hindering private land owners from being able to exercise the use
and enjoyment of their property until at such time a government entity has the money to lay on the table
and buy it from them at a fair market value. When he says that they say oh no, you can’t do that. This

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was a highway that may or may not get constructed. They don’t know when. It may be 5 years. It may
be 10 years. It may be another 30 years. They would hope not, but until such time they should not be
denying those property owners the right to exercise their rights. Because they were talking about elderly
people that may have children that want to build a house on their farm out there, and they have always
dreamed of that. You may have a younger couple out there that can’t afford to buy a house on this side
of the county, but yet, they have their small half acre or acre of land out there and guess what. They
have a bride and want to start their family. They should not be hindering that. They should not be
hindering a person who has the desire to add to their home or their farm to build a tractor shed, etc. Even
though they had tried to work through this ordinance to make it work, he didn’t think it was fair, and they
should not hinder those people from having the pleasure of using their property when he had spoken with
their state reps of that area and none of them had been requested or asked to get involved in this or to
support this. Only Horry County had, and he didn’t want this to hinder Ride IV. They need Ride IV to
pass. Those folks out there need to understand that they were not going to allow this thing to harm them
or to slow them down or to deny them their property rights because they think it is tied to Ride IV, but it is
not. They need Ride IV for their infrastructure within this county, but until such time when the funding
becomes available to purchase their land and an official shows up on their doorsteps with a check ready
to write it to them, they should not withhold the privilege that they have as property owners to exercise the
enjoyment of the right on their property. Mr. Anderson asked if the most appropriate action would be to
rescind the overlay district for I-73 situation, or did anybody have a better idea. Mr. Causey stated they
had just gotten the vote Thursday. Their next Council meeting was the 17 th for Third Reading to add it to
the official map. He (Mr. Causey) thought he would like to make a motion for the chairman to send
the resolution on to full Council asking that they hold I-73 off of the official map until such time as
they had the funding for it, seconded by Mr. Anderson. Mr. Jordan asked until who has the funding.
Mr. Causey replied until the state or whoever it may be to purchase the right of way. Chairman Allen
asked what about if they were to tie it to, until 100% of the funding was on the table from the feds and the
state for the construction of I-73. Mr. Anderson stated he thought he said that in his motion because that
was his second. Chairman Allen said okay. Mr. Jordan asked Mr. Causey if that was what he meant,
and Mr. Causey replied it was. Mr. Jordan said okay. Chairman Allen added because then the county
will not be in limbo, and the property owners will understand when they come and apply for a building
permit under their regular ordinances that they can achieve that without being held up. Correct? The
motion passed unanimously. Chairman Allen stated they would send that on to Council for the next
Tuesday night and asked that they make sure that it was on the agenda.
Mr. Masciarelli asked Chairman Allen if he wanted to cover the other matter of land being split and unable
to… Chairman Allen replied sure and asked if he wanted to comment on that because it was a
discussion item. Mr. Masciarelli stated one of the things they talked about was for example, let’s say Mr.
Anderson has a 200-acre tract of land and then that road was going to come and split it. He has an
active working farm but there was no way for him to get to that ground without going 10 miles down the
road to the next intersection, cross, then back up to be able to get to that other track of land. It puts an
undue burden on him to call vader to work his land. How do you protect these people from that situation?
Mr. Loftus stated that was done during construction. Hwy 22 had several critter crossings where they
have tunnels under the road. Mr. Masciarelli stated he was not talking about critters. He was talking
about… Mr. Loftus said they do it for farms too. Chairman Allen stated he didn’t believe they had any
that goes underneath Hwy 22 except for roadways. Mr. Causey added International Drive does.
Chairman Allen stated right. Mr. Loftus stated they make provisions for that, especially if they scream
loud enough to their state representative, they will make provisions for that. Mr. Masciarelli asked Mr.
Gilreath if he knew… Mr. Gilreath stated that would be primarily on the DOT to provide those as they see
it necessary. That was not the County’s project so he would be hesitate to get involved in that, honestly.
Mr. Loftus stated he understood what he was saying completely, but… Mr. Gilreath stated it was a good
effort. He didn’t know that they could put their opinion into that because they had regulations that they
have to follow, the state law and things that he can’t speak to. Mr. Anderson stated he had the same
situation on Hwy 22, specifically between Hwy 701 and Hwy 501. There were a couple of farms split. Did
he remember the precedents they set when they did that? Chairman Allen stated Hwy 319 crosses and
Hwy 701. Mr. Gilreath stated there were a number of parcels that were split. Some are uneconomic
remnants. He didn’t know if that was what you would call them. Those were difficult situations. You
would have to split a major operation to make it worth cost of providing cross access not at an

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interchange. Mr. Anderson stated maybe they should reach out to their state representatives and ask
them. Chairman Allen said they should reach out to them because he had to Senator Kent Williams and
House Representative Lucas Atkins. Both of those represent large rural areas, and they were very farm
and agricultural oriented, and he thought they would be a big help with it. Mr. Masciarelli stated he would
think if somebody just happens to have land that they do nothing with it, it would be kind of hard pressed
for them to spend that money to do that, but if you have somebody that actually has a large working farm
and you put them under that situation, something ought to be considered. Mr. Gilreath added when the
DOT negotiates or condemns they have to pay for the losses, for all of the takings, and if that was a true
taking, they would be required to cover that. Mr. Masciarelli asked if Chairman Allen had it. Chairman
Allen stated they would follow up with their senator and their house member.
Mr. Gardner stated they had a good idea here since this was a talking point and asked Mr. Loftus who
they should invite to the next I&R meeting. Mr. Loftus asked chairman Allen to contact Mr. Tony Cox who
was chairman of the SCDOT and ask them to come to the next I&R Committee meeting. Chairman Allen
stated that would be super. That would be great. He would call him. Mr. Cox was a good man. They
had a resolution that was passed and going to Council.
RESOLUTIONS:
A Resolution to accept the road(s) and drainage in the following subdivisions into the Horry
County Maintenance System (David Gilreath): Mr. Gilreath stated the following subdivisions have
been designed, built, and inspected and found to meet county standards. They had requested to be
included in the county’s maintenance system. He then read the following subdivisions and stated they
were before them requesting inclusion.
Palm Lakes Plantation Phase 6C (Willow Run Drive)
Saddle Ridge Phase 1 (Saddle Street, Appaloosa Way, Sandy Spur Way, Colt Court, and Canter Drive)
Stonebridge Farms Phase 1 (Marley Blue Drive, Maya Layne Drive, Cooper Valley Drive, Tasman Place
Court, Lowell Avenue Drive, Dover Branch Drive, and Sandy Side Drive)
Mr. Anderson moved to approve the above-three subdivisions. The motion passed unanimously.
A Resolution approving the Waccamaw Regional Transit Authority's FY 2025 budget and
authorizing the County Administrator to release the first quarterly payment (Brian Piascik): Mr.
Piascik stated the primary purpose for that day’s conversation was to get their approval and send on to
Council their FY2025 budget. He did want to give them a quick update on service and some things that
had been going on. It had been a very busy summer. He then presented a PowerPoint presentation.
They went from June 20th to August 20th without an accident. That was amazing. They have accidents all
the time. The vast majority of them were what they called non-preventable. They get rear ended and
those types of things, but to do that in the dead of summer was a real tribute to their employees, their
drivers. With all the nonsense that goes on out on the roadway system he wanted to make that clear that
that was some amazing work by their folks. Their ridership was down a little bit. He thought the primary
reason for that was they did take some service out last year. Nothing more than that. They had a
reasonable summer. July and August ridership were on par with last year. He did have a fledgling van
pool program in operation. They actually had 5 vanpools. Obviously work force transportation was a huge
goal of theirs to try to support their employers in Horry County. These were primarily with Britton Resorts,
and they are long. They are penetrating deep into the inland areas to get these folks picked up and to
work. He thought vanpool was going to be a real viable option for them moving forward. It doesn’t
require a driver from his perspective, which he liked. It gets the employers involved with getting their
employees to work, and he gets to take credit for their ridership. They spend about $700 per vanpool per
month. All eligible under federal funding, and it was going to be a good way for them to kind of improve
their catchment area more so than with a bus. With an operation of one bus for the whole year, about
$360,000, he could operate 4 – 5 vanpools. That was something they were going to keep moving forward
on and see how that works for them. They had had a few delays in their capital program. He had taken

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the delivery of 4 of these transits, which was on the lower right of the screen. They were doing pretty well
on the small vehicle side. He did have 12 full size buses that they need to replace pretty soon. He still
had 5 that they call NABIs. Those were buses that they got from Dallas when he first got here almost 10
years ago. They were tired and ready for replacement so he was hopeful the state would come up with
some funding to help them replace big buses. The bus on the upper right of the screen was a new flyer
that was purchased in 2017. They had 2 of those that exceeded 450,000 miles so they were burning
them up. They actually replaced engines and transmissions in 2 of them. Chairman Allen asked what
that bus costed. Mr. Piascik replied originally it was $460,000 purchased new, and he just put $100,000
in new engine and transmission in 2 of them. Honestly, it was a good segue into the budget. Things were
getting expensive out there. Parts were hard to find. They just kind of keep on keeping on. They were
hopeful like everybody else was that Ride IV comes through because that would help them out
tremendously on that front. Probably the most exciting news for them was they had made an official offer
on a parcel on Grissom Parkway. They executed the grant. They got some federal dollars from the state.
They executed the grant and had made their offer. They were not expecting them to accept the offer so
they would be condemning the property. So that process would probably start sometime in September,
and they should have control of the property in the next 20 – 50 days. It was all public use. He referred
to a slide titled facility update and pointed out an area on the slide that was a new fire station for the city.
So, this was all public use, and he knew the city was excited about it, and they were able to put together
what was becoming a pretty complicated transaction in order to make this happen. The total price tag for
the parcel was about $4.35 million. That was the appraised value. They hoped to be in control of that
very soon. Even more exciting was they had their state transit association conference in Myrtle Beach the
previous week, and he went right up to the Region IV administrator for FTA and told her he needed a new
building. He asked her to come see what they were operating out of here in Conway, their 1950s Ford
dealership, and she did him one better. She told him she would bring a crew from DC and the region IV
office in the first week in December so he would send all of them an invite. They needed to show out that
they were serious about this project. He would be going into his fifth application for bus and bus facilities.
Chairman Allen stated that was super. You don’t know unless you ask. Mr. Piascik replied right. It was
really good that they were coming. He thought she heard him. He didn’t even say hi and was like I need
a new building. He and she had known each other for a while so it was a good week the previous week
from that perspective, and they were excited about getting this project going. The project that never
seems to show any progress. Mr. Causey said he didn’t expect them to take the offer and it may go into
condemnation. Would that be the city taking that action? Mr. Piascik replied no, it was him. It was Coast
RTA. They had that in their RTA legislation so they were able to do that. That property was 21 acres. It
had been dormant for 70 years so they thought it was a pretty solid case for using it. When you hear their
budget story, just being able to move there would save them about $600,000 per year in operating costs
just because that was where the bulk of their service was, and they would be much more responsive to
service interruptions and that sort of thing. Plus, he was paying $20,000 a month in leasing their
maintenance facility right now. They took maintenance out of this building here in Conway. Mr. Anderson
asked where was the maintenance facility now. Mr. Piascik replied it was up on Hwy 65 off of Hwy 701.
They rented a building. It was a fairly new warehouse, S&H Holdings. Mr. Anderson stated this was very
exciting. What would the Conway lot look like and when it would look like what it would look like instead
of what it looks like now. Mr. Piascik replied they had had enough putting lipstick on the pig for sure. He
thought this all had to happen before they could do anything here in Conway, but their intent was to do an
off-street passenger waiting facility. The building over there now would come down, and they would work
with the city to put something nice there and make it a nice gateway project. Mr. Anderson asked If it
would have bus storage. All that would be gone? Mr. Piascik stated they would have a few parking spots
out there to stage buses, but other than that, no. It would become a park and ride lot (inaudible) also.
They had parking out there and space. They won’t need nearly the size building that they had out there
now. They were going to work with Healthcare Partners. They were developing over there as well so
they had a nice little core development happening there over the next few years. As soon as they get the
money for this they were ready to roll. They had done everything. All the environmental clearance. All
the appraisals. All that stuff. So as soon as they can get some funding from the feds they were…
Monies from Ride IV will help that too. They had money in Ride IV for these projects as well so honestly
that was really the only thing left to his application to make it stronger was that they control the property.
They had the money coming from the locals to support it. Mr. Howard asked him if he remembered about
8 or 9 years ago after he came on board he went to a conference in Washington and went to a

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transportation meeting. He came back and talked to him and said get rid of all of your buses and get little
minivans. Mr. Piascik said here we are, vanpools. It took him 10 years. Mr. Howard said he could have
saved a lot of money. Mr. Piascik told Mr. Howard he heard him back then too, but yes, he thought that
program was going to really help them move some people. He then stated he didn’t want to spend a lot of
time on this, and the slide show that was in their packets was what he gave their board. So, it had a lot of
weeds in it, but one thing that he did have concern about was he was on the hook for in their funding
agreement to get to an O&M reserve of 5%. That was going to be a challenge for them. He would like to
ask Council to take the $315,000 in old road use fees, and he didn’t want to move them, leave them
where they were at, but just let them count that towards their O&M reserve. That was not as liquid as an
O&M reserve should be for them necessarily, but it was out there. He knew it was hung up in litigation.
He imagined it was in the local government investment pool so that was exactly where they would put it if
it came to them. So hopefully they would let him do that. He would tell them that the budget would need
a revision after they find out what happens with Ride IV. So sometime around the first of the year he
would be back to kind of go through what their reaction to whatever happens on November 6 th and this
would be part of it. He didn’t need a decision on that yet but wanted to let them know that was something
they were hoping for. He did have a little bit of capital funding available. There was $3.5 million in federal
dollars at SCDOT that they would use for construction of the Myrtle Beach transit center, which was on
that parcel he showed them. That was a 2 for 1 deal down there, but the maintenance facility as well as a
passenger (inaudible) handling facility to replace their doublewide in front of City Hall. Currently on top for
him was to try to replace some buses. He needed about $7.2 million to replace buses, and they were just
trying to work on that part. They would be going through some austere measures. This was something
that they do from time to time anyway, but they were really going to take a hard look at it regardless of
whether Ride IV happens or not for them. Some labor cost adjustments. He was still planning on doing a
small wage increase just so he could stay competitive in the market and finding those drivers that were
going to go accident free. It takes a little bit of cash to do that, but there was a number of things in their
operation that they could do to cut their costs and tighten their belt. They did need to get a fare increase
out there. It was $1.50 when he got here. It was $1 base fare now, but that was something that they
were going to look into. That involves some technology improvements as well so that was why it hasn’t
happened already. If Ride IV doesn’t happen, then they would be faced with some service adjustments
somewhere. The problem now was that they were either taking days of service out of the week or
shortening their day, or removing routes. He really didn’t want to do that if he didn’t have to so they were
just going to kind of let it ride here until they need to. Referring to a slide titled FY 24 Estimate to
Complete he stated there was a lot of information on the slide. The bottom line was they were going from
$8.84 million in their operating budget this year to $8.86 million so they found enough in budget to try to
keep it level. Then they would come back to them with a revision after they find out what happens on
November 6th. The biggest takeaway from his board on this was that they were maxing out their federal
dollars for operating. He has a cap that he can’t go above. He can’t spend more than 75% of their annual
allocation of urban formula funds, and he was like $20,000 short of that in this budget. That was really a
bad way to run transit. You want to try to pool those dollars and use them for capital and find other
sources for operating, but right now it was what they needed to do. They were hopeful that if Ride IV
does happen, it will really right their ship for the future. In addition to a budget revision this winter he
would be ready to bring their transit development plan, which was like a 5 year look at what they were
going to be trying to put out there, which was also part of their funding agreement. He then displayed a
slide on their FY 25 Capital Program and said there was a bunch of little stuff at that point. He had
already mentioned the buses. He would be happy to answer any questions that they had. They had a
resolution before them. Chairman Allen asked Mr. Spivey if he was okay with how the funds were going
to play out here. Mr. Spivey stated yes. They had reviewed the budget with Mr. Piascik and his team,
and it does seem to be further in line with what they had approved there in the past. One of the
comments that Mr. Piascik made, he guessed that Council had already extended that reserve requirement
through the end of the 2025 Fiscal Year. They made provision for that already in action that Council had
taken. Mr. Piascik stated he thought there was a change that they would get to it. It was currently pretty
tight so they would have another plan in the winter to (inaudible). Mr. Howard moved to approve this
plan to send on to Council, seconded by Mr. Anderson. The motion passed unanimously.

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A Resolution authorizing the transfer of funds from Project A0095 (Terminal Contingency) to
Project A0134 (Parking Software/Hardware Upgrade) (Judi Olmstead): Ms. Olmstead stated the
Myrtle Beach Airport wished to pursue a capital purchase for an upgrade to a parking software and
hardware at MYR. Their parking contractor LAZ has proposed an opportunity through the Omnia state
contract program with vendor Flash who has utilized successful installations throughout the county. As
part of the upgrade license plate recognition will be implemented at all of their public parking lots as well
as other efficiencies including accurate revenue collection. For their consideration was a resolution to
transfer $1.1 million from a terminal general contingency fund to a new parking capital project account.
Present with her that day were representatives from both LAZ and the vendor Flash should they have any
specific comments or questions. Thank you for your consideration. Mr. Howard stated they had needed
this 10 years ago. They go by there and see the parking lots are all full all the time. Those people can’t
be just parking there cars there. Something was going on… Maybe they have a system or something.
They are getting tickets after they have set there for 30 days or whatever, but this will stop all that. This
will guarantee they get every penny due to the airport authority, and it was a big number to spend. They
could have gone the cheaper route, and it wouldn’t have worked. They would have been spending
money just throwing it away. He thought they had made a good choice. He really did. This system
works. Mr. Anderson moved that they move forward with staff’s recommendation, seconded by
Mr. Howard. Chairman Allen asked on the license plate readers will their public safety have access to
those. Ms. Olmstead replied public safety has a special card to get in and out of the parking lots.
Chairman Allen stated to the license plate readers that she mentioned, setting those up. Mr. Webster
stated they would have to look into it and see how it… Chairman Allen asked if it was the same system
that they had in the county where it reads the license plate and have the info. Mr. Webster stated once it
gets onboard they could start looking at it. Mr. Howard asked if he was talking about if a criminal goes in
the parking lot it would automatically kick that one out and call the police and say we have read one you
are looking for. Chairman Allen replied yes. A representative from the vendor installing the readers
stated they could set up almost anybody within Judi’s organization (inaudible). Their manager onsite
would have a workstation and could do the same thing for public safety so they have access to all the
information that was in the park system including license plates. Mr. Howard stated he thought this was
great. The motion passed unanimously. Mr. Loftus had a question about Turro. That was one of the
issues that they were trying to solve with this, right? Ms. Olmstead replied yes.
ORDINANCES:
AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE
A CONCESSION AND LEASE AGREEMENT WITH MSE BRANDED FOODS OF SOUTH CAROLINA,
LLC FOR THE RIGHT TO DEVELOP AND OPERATE ONE NEW FOOD AND BEVERAGE
CONCESSION IN THE PASSENGER TERMINAL BUILDING AT MYRTLE BEACH INTERNATIONAL
AIRPORT (Ryan Betcher): Mr. Betcher stated they had for consideration a concession and lease
agreement with MSE Branded Foods of South Carolina, LLC for the right to develop and operate one
food and beverage concession in the expanded Concourse A of the passenger terminal building. They
issued a request for proposals in March of 2024. They received three submissions. The evaluation
committee elected to move forward with the proposal that was submitted by MSE Branded Foods, and it
was for a fast-casual brick oven pizza concept which would be branded as Pizza Hyena, which was the
same one that was in Surfside. It was a local concept. They thought that this was a different and
complimentary type of food beverage concession that they don’t have at the airport so they thought it
would be a good benefit. Mr. Howard asked what kind of food and beverage it was. Mr. Betcher replied
it was going to be a fast-casual kind of brick over pizza concept. Mr. Howard asked if they were currently
in Surfside. Mr. Betcher replied that they were. A locally brand in Surfside concept. Mr. Anderson asked
if the local franchise would have this franchise or would it… Mr. Betcher replied it would be contracted
through MSE Branded Foods, similar to Nacho Hippo that was in the terminal. MSE operates that one so
it was a franchise type of agreement with them. The proposed terminal agreement was going to be 5
years that would be effective the first month after the date of beneficial occupancy for the expanded
Concourse A. They believed that was around January 2026 because that was when the terminal
commences. For each year of the agreement MSE Branded Foods will pay the county the greater of the
minimum annual guarantee or percentage fee of gross revenues. The proposed minimum annual
guarantee for the first year in the agreement was going to be $200,000, and an annual percentage fee will

6

be 12% for sales including non-alcoholic beverages and 16% of sales of alcoholic beverages. A little bit
of background information, MSE Brand Foods was one of the two food and beverage operators that they
have at the airport. They do have multiple concessions, Nacho Hippo, Subway. Chick-fil-a, Cinnabon,
and Pavilion Bar & Grill. A lot of good ones. The next item that they would be talking about also has its
reference about MSE Branded Foods.
Mr. Howard moved to move forward, seconded by Mr.
Anderson. The motion passed unanimously.
AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXTEND
THE CONCESSION AND LEASE AGREEMENT WITH MSE BRANDED FOODS OF SOUTH
CAROLINA, LLC FOR THEIR EXISTING FOOD AND BEVERAGE CONCESSIONS IN THE
PASSENGER TERMINAL BUILDING AT MYRTLE BEACH INTERNATIONAL AIRPORT (Ryan
Betcher): Mr. Betcher stated this item was also with MSE Branded Foods, and it was for an extension of
their existing concession agreement. So, all those concessions they just talked about. The original
agreement was entered into January 14, 2011 and that was specific to the opening of the existing
Concourse A terminal building that became operational on April 2013. The agreement has been
amended by modification on January 1, 2014 and an extension on August 22, 2017. That extension was
built into the contracts so they elected to exercise it in exchange for opening Chick-fil-a. The agreement
was currently scheduled to terminate on January 1, 2029. HCDA was requesting that the agreement term
essentially align with the new food and beverage operator. Essentially what they proposed was the new
food and beverage operator for the RFP, or the solicitation was initially going to be a 5-year term with a 5year renewal option. They wanted to give both of these terms aligns so that when they go out for
solicitation they get a lot of interest and positive national and local interest rather than kind of breaking out
these concessions individually. Essentially what they did was they negotiated to remove that 5-year
extension off of the new pizza concepts concession. In exchange they will extend all the existing
concessions by approximately 2 years. So, they took 5 years off the new one in exchange for giving 2
years. Ultimately this will really help them be able to put out a quality solicitation. They were estimating
around December 2030 was when these would turn over. So, essentially a 2-year extension for this. Mr.
Howard asked if they had built into these contracts where… The cost of living has gone up. Rent has
gone up. You can go out and try to rent an apartment and it’s $2,000 a month. Did they have that built in
to where they escalate for their tenants? He knew they couldn’t while their lease was in full force, but as
it ends the new leases should have where it escalates with the cost of living and all that stuff. Mr. Piascik
replied yes. It depended on which concession it was. For the MSE 1 that they talked about in the first
one he believed it was a flat $200,000 for the 5-year term. Other MSEs agreements that they had had or
other concession agreements will have escalators for the minimal manual guarantee. What they more
so, with those benefits, that they look at is just the passenger increases. They really more collect on the
percentage fees on that one so their percentage fees had increased quite a bit, and it was really more
incentive on their end to help try to drive traffic, assign gates around these concessions, to really… Mr.
Howard asked if they had a base rent and then they get percentages. Mr. Betcher replied yes. Mr.
Howard stated that was a good way to do that. Mr. Betcher stated the base rent was almost like a
protective rent. The other items that they also incorporated in this while they were doing this modification
were just some updated airport concession disadvantaged enterprise language and mandatory contract
provisions. Those were both required by the FAA so they took the opportunity to go ahead and
incorporate those into this agreement. Mr. Anderson moved to approve, seconded by Mr. Howard.
The motion passed unanimously.
AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE
A CONCESSION AND LEASE AGREEMENT WITH AMS-SHAW MYRTLE BEACH JV FOR THE
RIGHT TO DEVELOP AND OPERATE ONE NEW RETAIL CONCESSION IN THE PASSENGER
TERMINAL BUILDING AT MYRTLE BEACH INTERNATIONAL AIRPORT (Ryan Betcher): Mr. Betcher
stated this item for consideration was the concession and lease agreement with AMS-SHAW Myrtle
Beach JV for the right to develop and operate one retail concession in the expanded Concourse A area of
the terminal building. So, at the same time that they put out the food and beverage concession they also
put out an RFP for retail concession. Essentially, they had received one proposal. The evaluation
committee did elect to go forward with that proposal with AMS-SHAW. What they were proposing was a
retail and grab and go for non-perishable food and drinks concepts. It would be branded as Shoreline
Supplied by Hudson. AMS-SHAW was affiliated with Hudson Group. They are operating under different

7

names but Hudson Group was their existing concession that they had for retail. They were the sole
concessionaire for retail. The proposed term is the exact same as the food and beverage one. It would
be 5 years effective the start of the beneficial occupancy of the Concourse expansion. For this
agreement they would also pay the greater of the minimum annual guarantee or the percentage rents.
Their proposed minimum annual guarantee for the first year of the agreement was $272,000. The annual
percentage fee would be 24% of gross revenue. This was one of those mags that they propose the
minimum annual. These do increase every year. The same with the other one. Just some additional
background. AMS-SHAW was affiliated with Hudson Group and Hudson Group was the one that they
would talk about in the next one very similar to how they did with MSE earlier. Mr. Howard moved to
approve, seconded by Mr. Anderson. The motion passed unanimously.
AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXTEND
THE CONCESSION AND LEASE AGREEMENT WITH HUDSON GROUP (HG) RETAIL, LLC FOR
THEIR EXISTING RETAIL CONCESSIONS IN THE PASSENGER TERMINAL BUILDING AT MYRTLE
BEACH INTERNATIONAL AIRPORT (Ryan Betcher): Mr. Betcher stated this item was essentially the
concession lease agreement for Hudson Group for their existing retail operations in the passenger
terminal building. The original agreement was entered into October 5, 2011 and that was specific for the
opening of the new terminal that was April 2013. This agreement has been amended by four previous
modifications and was currently scheduled to terminate on December 31, 2028. Essentially, what they
were also requesting to do was the exact same terms that they proposed to MSE. Hudson Group also
agreed to (inaudible). They would essentially remove that 5-year extension off the new retail concession
in exchange for operating a 2-year extension on all concessions. They would align the terms. It would
just give them the opportunity to go out and be much stronger and hopefully a more interested solicitation
process when these expire. They also took the opportunity to modify the airport concession
disadvantaged business enterprise language and the mandatory contract provisions. Mr. Howard
moved to approve, seconded by Mr. Anderson. The motion passed unanimously.
AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE
A CONCESSION AND LEASE AGREEMENT WITH FLIPPIT CORPORATION FOR THE RIGHT TO
PROVIDE PASSENGER MAIL BACK CONCESSION SERVICES IN THE PASSENGER TERMINAL
BUILDING AT MYRTLE BEACH INTERNATIONAL AIRPORT (Ryan Betcher): Mr. Betcher stated this
item was for the consideration of the concession agreement with Flippit Corporation for the right to
provide passenger mail back concession services within the new terminal building. The request for
proposals was issued in May of 2024. They received two proposal submissions for this. The evaluation
team did elect to move forward with Flippit. Essentially what this is is it is providing a passenger
(inaudible) that will allow passengers to mail back items that may have been prohibited items or items that
they couldn’t take to the checkpoint. They are a value. They will have one that would be pre-security.
One that would actually be located in the checkpoint. Once in the checkpoint (inaudible) TSA will help
facilitate this. This was a new type of concession that they were seeing in a lot of the airports. It makes it
a much more streamlined process. It has a base fee for every envelope and every mail back so it would
help get the passengers streamlined a little bit quicker rather than having to do like a FedEx envelope or
something like that. Mr. Howard stated he couldn’t imagine what they were going to want to mail back.
Mr. Betcher stated the proposed term of this agreement would be 5 years and Flippit will pay the county
10% of gross revenues. There was no minimum annual for this one mostly because they have had this
type of service before and the revenues are not expected to be astronomical. Mr. Anderson stated he
thought it would be a great service to their customers. He (Mr. Anderson) moved to move forward with
staff’s recommendation, seconded by Mr. Howard. The motion passed unanimously.
AN ORDINANCE AMENDING ARTICLE IX, SECTION 917 OF THE ZONING ORDINANCE OF HORRY
COUNTY, SOUTH CAROLINA PERTAINING TO MULTIPLE HOMES ON ONE (1) PARCEL OF LAND
(Charles Suggs): Mr. Suggs stated this was an amendment to Section 917, multiple homes on a single
parcel of land. Specifically, the FA parcels of land, 3 acres or greater. Currently a 3 acre parcel zoned
FA was allowed a total of 5 primary structures. This amendment would change that maximum of 5 to 8
total primary structures for FA parcels greater than 3 acres located north and west of the Waccamaw
River. Chairman Allen asked Mr. Gilreath if he had a comment on this. Mr. Gilreath stated he thought
they understood the need and the situation, but there may be an alternative that they need to do some

8

more research on. He might suggest that they maybe refer this back to staff and let them bring it back at
the next meeting or in a different manner. Mr. Anderson stated he would like that and maybe they could
figure out some way to show an example, a picture or something. Mr. Howard moved to refer back to
staff. The motion to send it back to staff passed unanimously.
AN ORDINANCE AMENDING ARTICLE II, SECTION 204 OF THE ZONING ORDINANCE OF HORRY
COUNTY, SOUTH CAROLINA PERTAINING TO PERMITTED USES WITHIN THE HIGHWAY
COMMERCIAL ZONING DISTRICT (Charles Suggs): Mr. Suggs stated this was an amendment to
Article II, Section 204, the allowed uses in the highway commercial zone district to allow motor freight
transportation. Currently highway commercial allows the storage of materials, bulk materials as well, but
it does not allow the distribution component of those materials. This would be an amendment to allow the
distribution component of bulk material storage. Chairman Allen asked if it was in highway commercial
which would be something connected on a major thoroughfare within Horry County. Mr. Suggs replied
yes. Mr. Masciarelli asked what protections did they have in there. They know that highway commercial,
being what it was years ago, there tends to be a lot of houses around. Like here you have one that was 2
acres highway commercial and then there were houses all around. So, if they put this in place, other than
just people coming out and complaining, how do they protect a development or something from getting
something like this put right in the middle of their houses? Mr. Suggs replied this would be considered a
commercial use. There would be required parking, landscaping, lighting. A majority of your highway
commercial is along a major corridor. The majority of the major corridors in the county have overlays
specific design standards to mitigate any abnormalities or conditions that potential commercial uses may
bring. That, as well as, this was a little bit different. This was not a stand-alone trucking terminal. This
was for larger commercial buildings that store in bulk materials being able to get the trucks in and have
that distribution operation to get them in and out. Mr. Anderson stated the first thing that popped into his
mind was the possibility of a neighborhood on a busy road and somebody bring in and put a couple of
30,000-gallon storage tanks and store gasoline 250 feet from a subdivision. Could something like that
happen? Mr. Suggs replied stand-alone outdoor storage is allowed in highway commercial Storage of
gasoline and petroleum products, he thought, was a little bit different. He would need to research the
ordinance to see where the storage of those materials would come into play. Mr. Anderson stated he just
wanted to make sure that… He was confident that they looked at that. It was something that was
concerning him. He asked that they allay his fears. Just make sure it is covered. Mr. Masciarelli stated
they had been working on mitigating the problems they had had with ZBA coming in and just trashing
every landscape buffer that was put in place to protect people. So, he was just looking at now the next
problem they might have with this was constantly coming in wanting to change setbacks, which if they
throw those and then then they were right back to where they started with the problem again. Might that
be something that they want to put in place that with this no changes in those setbacks. That they have
to adhere to those. Chairman Allen stated he thought they had an ordinance already in place that Council
passed dealing with that a while back, didn’t they Mr. Jordan? Mr. Suggs stated they had an ordinance at
second reading now that specifically speaks to variances or the landscaping widths and materials for
major developments as defined by the land development regulations. Commercial developments
specifically do not fall within that major category as defined by the land development regulations, but it
does protect or not allow the ZBA to grant any additional variances on any other (inaudible). Mr.
Masciarelli added but it doesn’t touch setbacks. Mr. Suggs replied no. Mr. Masciarelli stated that was
what he was looking… Chairman Allen stated they could amend that at second, could they not for that?
Mr. Causey stated they don’t have anything in that particular one about commercial stuff (inaudible). He
told Mr. Suggs they had spoken briefly about this. Could he just give an example of kind of what this
does and they are talking about where they had had to rezone some properties to MA2, not particularly
what they would like to see and like to do because of some of these same changes here. Mr. Suggs said
so consider a 3,000 – 4,000 square foot warehouse and you buy bulk materials online. You want to sell
them to individual people rather than a large wholesale company. You have to be able to have that
trucking component to bring the trucks in to move the products to different locations. That was what this
ordinance was geared to allow. Mr. Jordan added petroleum was not allowed in highway commercial, but
it was in MA2. Mr. Suggs stated they see a big push for industrial zoning to allow this distribution
operation. Mr. Jordan added petroleum distribution, the gas stations. Mr. Loftus asked if it prevented a
gas station, and Mr. Jordan replied no, it doesn’t prevent the gas stations. Mr. Causey stated hopefully
this amendment could keep them from rezoning MA2 but still allow enough uses (inaudible). Mr. Howard

9

asked that he give them more examples of what they could store outside, not just bringing trucks in
moving materials. He said they could store outside. What they bring in, they lay it on the ground, and it
could be old cars or old containers. It could get pretty junky after a while. What materials were he talking
about, boats? Could they park a boat out there and just stack them up and store them until they get rid of
them? Mr. Suggs replied boat and RV storage was allowed. These would all be commercial uses that
would have to be screened in landscaped. Traditionally these are projects were there was a primary
structure involved. It was not necessarily a laydown yard (inaudible) where things are being distributed.
Mr. Howard asked if they had to be distributed items. You were going to get people to take advantage of
this regardless. Was it wide open with materials? Mr. Suggs replied it wouldn’t technically turn into a
salvage yard. They have provisions against that. Mr. Howard said they would say it is not a salvage
year. These are things that we are going to move eventually. We are not here selling stuff. We are here
transplanting. Sitting it here and then we are going to move it 5 years from now, but it was an eyesore
until they do. Was this opening up a can of worms? There were some creative people out there that can
get away with murder because it was in their ordinance. Mr. Suggs stated any open yard storage, again,
would have to be screened in landscaping, and any additional overlays… Mr. Howard said he had seen
some of the screenings that they allow, you can see right through them, over them, and under them. He
was a little leery of this one, but they know more about highway commercial than he did. Mr. Masciarelli
asked what were the rear and side setbacks on highway commercial now. Mr. Suggs said for structures
on highway commercial now he believed were rear was 15 and side was 10. Mr. Gardner stated if there
were some issues about this, maybe, there was an executive session that day and maybe this was
something they could discuss in executive session and come back to it after they get back on the record.
Chairman Allen replied okay, sure. Chairman Allen told Mr. Suggs they would get back to him.
OLD BUSINESS: Chairman Allen stated he would like to recognize one of their employees, Rajiv Myana,
that works with planning and zoning. Those of them who were with them in their development meeting
last week got to see and experience the computer program that he had come up with. He thought it was
amazing. If he could he would like for him to be prepared at the next meeting to show that to the I&R
Committee members because he thought it was going to help them tremendously in the future. It was
one of their own in-house employees. He could have gone outside, done this, and sold it and probably
made well on it, but he had done an excellent job with it, and he would like to thank him for that. He told
Mr. Suggs he might want to give him a day off. It was all about Team Horry, and they needed to
recognize the people in their county who go the extra mile to help their county. He asked him to be
prepared at the next I&R Committee meeting to go through it and show them all, it would be great.
Mr. Howard stated he had some old business. He had brought this up in the past with the staff. This
disadvantaged business enterprise program with the state and federal, he wanted to make sure that
Horry County was always giving a fair opportunity for locals that don’t have that ability or opportunity to
compete with the people that are doing business like for highways and roads and drainage and all that
work. He would like to set up a little something so that they could pursue this and make sure that they
were protecting the local small businesses that can do the work, but they can’t compete with the big
people, and make it fair. That was the whole reason for this DBE program was to make it fair for the
small businesses, and they get booted out all the time. They get ignored because they were not big
enough to come to them to say I can do that. Well, they don’t even except because they were not big
enough, but if they were registered with the state, then they need to allow them to compete and work with
them to help them. Maybe they could put something together where they can make sure this happens.
Chairman Allen replied certainly. He had also pushed this because he wanted to tell them this. This was
extremely important with Ride IV upcoming because they were talking about over the next 15, 20, 25
years the most money that this county was going to ever spend within this county for their in-county
infrastructure. The State of South Carolina, the DOT, already has this program in place. What happens is
when they come in to do Ride programs for them they are in a sense subbing it, and then they are hiring
the contractors, and they are not technically held to the state statutes then because it was Horry County
who was the owner of the project and funding. He had heard this that they have to hire more help and
stuff, but if they have to hire more help to help with this program, it will pay for itself. Because again, you
have the larger contractors who will come in and bond the job and bid it, and then they won’t hire any
local smaller guys. The state DOT currently has the DBE program in place with the DBE companies
already certified. The county would not have to go in and investigate them. All they have to do was to

10

present their certification from the state to the county. You don’t have to investigate it. They have
already been through a strenuous process, 2 – 3 years being investigated on site visits, having to make
trips to Columbia, and all of these things in order to get that. What that does is it required the big
contractors, he told Mr. Howard about like he said, to give he didn’t know if it was like 3, 4, 5, or 6% of a
job to a DBE if they get that large job. Most of theirs in this county… You had the road stripers. You had
the guardrail people. You had some site work. You had brick masons, etc. etc. They need to have a
little slice of that pie because they were contributing to that. They were paying taxes here in the county,
and they should be allowed to have some protections without a large outside firm coming into Horry
County and bidding these jobs under their Ride IV. He personally thought it would help to promote their
Ride IV if you get these small disadvantaged businesses, the certified ones. It was not just a free for all.
These people go through a strenuous process to get that certification. So, they need to look at
something, an ordinance, not a resolution. They needed to get an ordinance in place to protect these
people. He would encourage this and stuff if it was the committee’s will to instruct staff to bring them
back an ordinance prior to Ride IV coming online and stuff where they can start the process to protect
their local folks. Mr. Howard moved to have an ordinance put together for this to protect the DBE
people and bring it back so they can send it on, seconded by Mr. Anderson. The motion passed
unanimously. Chairman Allen said even if it means hiring an extra hand or two to verify these, but it
should be a simple verification process. So now the big contractors will know that hey, we got to
participate locally. Mr. Howard stated he thought they had to protect them. Chairman Allen stated yes,
sure they do. Mr. Howard added it was their job. They work for them.
Mr. Anderson asked when does the advertising program begin for the Ride IV program? Mr. Howard
replied this month. Mr. Gilreath added the county does not have an advertising program for that. They
were prohibited from that, but they were allowed to educate, and they were doing that in different venues.
He understood there were some other folks that had initiated. He thought there were some billboards he
had heard had been put up in places already. Mr. Anderson said he just wanted to make sure that was
coming on. Mr. Gilreath replied yes. Mr. Causey asked Ms. Madison Cooper with CCAR if they were
participating in the program. Ms. Cooper replied they were. It was through the chamber, a separate
entity that was doing the promotion. Things were rolling out already, but they would see a bigger push as
they get close to early November. Chairman Allen stated they appreciated that too. Mr. Howard stated
he thought they needed to really educate the people of who was paying for this Ride IV. The county pays
very little. They pay about 30%. The tourists were paying for this. Why wouldn’t they want it. The
tourists were paying for it. Mr. Gardner stated the other point was he heard somebody the other day say
we don’t need another tax. This was not another tax. If this passed that day, you wouldn’t even know it
because it was just a continuation of what they had. That was all education. They just had to get it out
there. Mr. Loftus said they were already used to it. Mr. Howard stated it was only collected at
restaurants, hotels, rent a car, and amusements. Mr. Gardner stated 60% of those people were tourists.
He was educated. He was ready. Chairman Allen added 100% of the money and the construction would
be done here in Horry County to promote their infrastructure and help everybody. Mr. Gardner stated it
sounded like a win, win.
WORKSHOP DISCUSSION: None.
Attachments (For Information Only)
Airport Departmental Reports
Ride II & III Reports
Stormwater Reports
Public Works
Parks & Recreation
Code Enforcement
Fleet
Planning & Zoning
Horry County Solid Waste
COUNCIL MEMBER COMMENTS: None.

11

EXECUTIVE SESSION: Discussion of matters relating to the proposed location and provision of services
encouraging location or expansion of businesses in Horry County. Mr. Gardner moved to enter into
executive session, seconded by Mr. Anderson. The motion passed unanimously. Mr. Gardner
moved to exit executive session, seconded by Mr. Anderson. The motion passed unanimously.
Mr. Jordan stated while in executive session Council engaged in discussion of proposed location or
expansion of industries and received legal advice. No votes were taken and no decisions were made.
Mr. Gardner moved that they send Paragraph VII (g) (AN ORDINANCE AMENDING ARTICLE II,
SECTION 204 OF THE ZONING ORDINANCE OF HORRY COUNTY, SOUTH CAROLINA
PERTAINING TO PERMITTED USES WITHIN THE HIGHWAY COMMERCIAL ZONING DISTRICT)
back to staff so they can work on it again. The motion passed unanimously.
ADJOURNMENT: Mr. Anderson moved to adjourn, seconded by Mr. Howard. The motion passed
unanimously. The meeting was adjourned at 10:49 a.m.

12

COUNTY OF HORRY
STATE OF SOUTH CAROLINA

)
)

RESOLUTION R- -20

A RESOLUTION TO ACCEPT DEDICATION OF THE ROADS AND DRAINAGE OF CYPRESS RIDGE PHASE 1
(OLD CYPRESS WAY, CYPRESS PRESERVE CIRCLE, G P SMITH AVENUE, WADES WAY, ROLLINS DRIVE,
LAURYN OAK LOOP, ARIZONA DRIVE, AND REGAL FERN WAY) INTO THE COUNTY ROAD SYSTEM:

WHEREAS, the developers of Cypress Ridge Phase 1 (Old Cypress Way, Cypress Preserve Circle, G P
Smith Avenue, Wades Way, Rollins Drive, Lauryn Oak Loop, Arizona Drive, and Regal Fern Way) request
the roads and drainage be dedicated to Horry County; and
WHEREAS, they have provided the Engineering Department with fully executed dedication documents
and a warranty letter of credit guaranteeing a three-year warranty; and
WHEREAS, the roads and drainage of Cypress Ridge Phase 1 (Old Cypress Way, Cypress Preserve Circle,
G P Smith Avenue, Wades Way, Rollins Drive, Lauryn Oak Loop, Arizona Drive, and Regal Fern Way) have
been constructed to Horry County standards and inspected by the Engineering Department; and
WHEREAS, it is the intent of Horry County Council to accept the roads and drainage of Cypress Ridge
Phase 1 (Old Cypress Way, Cypress Preserve Circle, G P Smith Avenue, Wades Way, Rollins Drive, Lauryn
Oak Loop, Arizona Drive, and Regal Fern Way) in the County system.
NOW, THEREFORE, Horry County Council resolves to accept the roads and drainage of Cypress Ridge
Phase 1 (Old Cypress Way, Cypress Preserve Circle, G P Smith Avenue, Wades Way, Rollins Drive, Lauryn
Oak Loop, Arizona Drive, and Regal Fern Way) and begin their three-year warranty period on the date of
said acceptance.
AND IT IS SO RESOLVED this 15th day of October, 2024.
HORRY COUNTY COUNCIL
________________________________________
Johnny Gardner, Chairman
Jenna L. Dukes, District 1
Dennis DiSabato, District 3
Tyler Servant, District 5
Tom Anderson, District 7
R. Mark Causey, District 9
Al Allen, District 11

Bill Howard, District 2
Gary Loftus, District 4
Cam Crawford, District 6
Michael Masciarelli, District 8
Danny Hardee, District 10

Attest:
__________________________________
Ashley Carroll, Clerk to Council

Cypress Ridge Phase 1

October 15, 2024

County Council Decision Memorandum
Horry County, South Carolina
Date:
From:
Division:
Prepared By:
Cleared By:
Committee:
Issue:

September 26, 2024
David Gilreath, P.E.
Infrastructure & Regulation
Tina Mazzo, Plan Expediter
David Gilreath, P.E.
Infrastructure & Regulation
Acceptance into the Horry County Maintenance System

ISSUE
The developers of Cypress Ridge Phase 1 (Old Cypress Way, Cypress Preserve
Circle, G P Smith Avenue, Wades Way, Rollins Drive, Lauryn Oak Loop, Arizona Drive,
and Regal Fern Way) = 1.35 miles in length (7,128.00’) request the roads and drainage be
dedicated to Horry County.
PROPOSED ACTION
OPTION A:
OPTION B:

Approve acceptance into the County maintenance system of Cypress Ridge Phase 1 (Old
Cypress Way, Cypress Preserve Circle, G P Smith Avenue, Wades Way, Rollins Drive,
Lauryn Oak Loop, Arizona Drive, and Regal Fern Way).
Do not approve acceptance.

RECOMMENDATION:
Staff recommends OPTION A.
BACKGROUND
The developers have provided the Engineering Department with fully executed
dedication documents and a warranty letter of credit for Cypress Ridge Phase 1 (Old
Cypress Way, Cypress Preserve Circle, G P Smith Avenue, Wades Way, Rollins Drive,
Lauryn Oak Loop, Arizona Drive, and Regal Fern Way). The roads and drainage have
been constructed to Horry County standards and inspected and approved by the
Engineering Department.

Cypress Ridge Phase 1

October 15, 2024

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CYPRESS RIDGE PH 1

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CYPRESS RIDGE PH 1
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ARIZONA DR
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G P SMITH AV E

HWY
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90 5

COUNTY OF HORRY
STATE OF SOUTH CAROLINA

)
)

RESOLUTION R- -20

A RESOLUTION TO ACCEPT DEDICATION OF THE ROADS AND DRAINAGE OF HANDFIELD PLACE PHASE
1A (FOX RAE DRIVE AND FENNEC LOOP) INTO THE COUNTY ROAD SYSTEM:

WHEREAS, the developers of Handfield Place Phase 1A (Fox Rae Drive and Fennec Loop) request the
roads and drainage be dedicated to Horry County; and
WHEREAS, they have provided the Engineering Department with fully executed dedication documents
and a warranty letter of credit guaranteeing a three-year warranty; and
WHEREAS, the roads and drainage of Handfield Place Phase 1A (Fox Rae Drive and Fennec Loop) have
been constructed to Horry County standards and inspected by the Engineering Department; and
WHEREAS, it is the intent of Horry County Council to accept the roads and drainage of Handfield Place
Phase 1A (Fox Rae Drive and Fennec Loop) in the County system.
NOW, THEREFORE, Horry County Council resolves to accept the roads and drainage of Handfield Place
Phase 1A (Fox Rae Drive and Fennec Loop) and begin their three-year warranty period on the date of said
acceptance.
AND IT IS SO RESOLVED this 15th day of October, 2024.
HORRY COUNTY COUNCIL
________________________________________
Johnny Gardner, Chairman
Jenna L. Dukes, District 1
Dennis DiSabato, District 3
Tyler Servant, District 5
Tom Anderson, District 7
R. Mark Causey, District 9
Al Allen, District 11

Bill Howard, District 2
Gary Loftus, District 4
Cam Crawford, District 6
Michael Masciarelli, District 8
Danny Hardee, District 10

Attest:
__________________________________
Ashley Carroll, Clerk to Council

Handfield Place Phase 1A

October 15, 2024

County Council Decision Memorandum
Horry County, South Carolina
Date:
From:
Division:
Prepared By:
Cleared By:
Committee:
Issue:

September 26, 2024
David Gilreath, P.E.
Infrastructure & Regulation
Tina Mazzo, Plan Expediter
David Gilreath, P.E.
Infrastructure & Regulation
Acceptance into the Horry County Maintenance System

ISSUE
The developers of Handfield Place Phase 1A (Fox Rae Drive and Fennec Loop) =
0.58 miles in length (3,062.40’) request the roads and drainage be dedicated to Horry
County.
PROPOSED ACTION
OPTION A:
OPTION B:

Approve acceptance into the County maintenance system of Handfield Place Phase 1A
(Fox Rae Drive and Fennec Loop).
Do not approve acceptance.

RECOMMENDATION:
Staff recommends OPTION A.
BACKGROUND
The developers have provided the Engineering Department with fully executed
dedication documents and a warranty letter of credit for Handfield Place Phase 1A (Fox
Rae Drive and Fennec Loop). The roads and drainage have been constructed to Horry
County standards and inspected and approved by the Engineering Department.

Handfield Place Phase 1A

October 15, 2024

HANDFIELD PLACE PH 1A

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COUNTY OF HORRY
STATE OF SOUTH CAROLINA

)
)

RESOLUTION R- -20

A RESOLUTION TO ACCEPT DEDICATION OF THE ROADS AND DRAINAGE OF SPRING VIEW LANDING
(FAIR MEADOW COURT) INTO THE COUNTY ROAD SYSTEM:

WHEREAS, the developers of Spring View Landing (Fair Meadow Court) request the roads and drainage
be dedicated to Horry County; and
WHEREAS, they have provided the Engineering Department with fully executed dedication documents
and a warranty cash bond guaranteeing a three-year warranty; and
WHEREAS, the roads and drainage of Spring View Landing (Fair Meadow Court) have been constructed
to Horry County standards and inspected by the Engineering Department; and
WHEREAS, it is the intent of Horry County Council to accept the roads and drainage of Spring View
Landing (Fair Meadow Court) in the County system.
NOW, THEREFORE, Horry County Council resolves to accept the roads and drainage of Spring View
Landing (Fair Meadow Court) and begin their three-year warranty period on the date of said acceptance.
AND IT IS SO RESOLVED this 15th day of October, 2024.
HORRY COUNTY COUNCIL
________________________________________
Johnny Gardner, Chairman
Jenna L. Dukes, District 1
Dennis DiSabato, District 3
Tyler Servant, District 5
Tom Anderson, District 7
R. Mark Causey, District 9
Al Allen, District 11

Bill Howard, District 2
Gary Loftus, District 4
Cam Crawford, District 6
Michael Masciarelli, District 8
Danny Hardee, District 10

Attest:
__________________________________
Ashley Carroll, Clerk to Council

Spring View Landing

October 15, 2024

County Council Decision Memorandum
Horry County, South Carolina
Date:
From:
Division:
Prepared By:
Cleared By:
Committee:
Issue:

September 26, 2024
David Gilreath, P.E.
Infrastructure & Regulation
Tina Mazzo, Plan Expediter
David Gilreath, P.E.
Infrastructure & Regulation
Acceptance into the Horry County Maintenance System

ISSUE
The developers of Spring View Landing (Fair Meadow Court) = 0.11 miles in
length (580.80’) request the roads and drainage be dedicated to Horry County.
PROPOSED ACTION
OPTION A:
OPTION B:

Approve acceptance into the County maintenance system of Spring View Landing (Fair
Meadow Court).
Do not approve acceptance.

RECOMMENDATION:
Staff recommends OPTION A.
BACKGROUND
The developers have provided the Engineering Department with fully executed
dedication documents and a warranty letter of credit for Spring View Landing (Fair
Meadow Court). The roads and drainage have been constructed to Horry County
standards and inspected and approved by the Engineering Department.

Spring View Landing

October 15, 2024

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COUNTY OF HORRY
STATE OF SOUTH CAROLINA

)
)

RESOLUTION R- -20

A RESOLUTION TO ACCEPT DEDICATION OF THE ROADS AND DRAINAGE OF SUGAR LOAF PHASE 2
(AVERYVILLE DRIVE) INTO THE COUNTY ROAD SYSTEM:

WHEREAS, the developers of Sugar Loaf Phase 2 (Averyville Drive) request the roads and drainage be
dedicated to Horry County; and
WHEREAS, they have provided the Engineering Department with fully executed dedication documents
and a warranty letter of credit guaranteeing a three-year warranty; and
WHEREAS, the roads and drainage of Sugar Loaf Phase 2 (Averyville Drive) have been constructed to
Horry County standards and inspected by the Engineering Department; and
WHEREAS, it is the intent of Horry County Council to accept the roads and drainage of Sugar Loaf Phase
2 (Averyville Drive) in the County system.
NOW, THEREFORE, Horry County Council resolves to accept the roads and drainage of Sugar Loaf
Phase 2 (Averyville Drive) and begin their three-year warranty period on the date of said acceptance.
AND IT IS SO RESOLVED this 15th day of October, 2024.
HORRY COUNTY COUNCIL
________________________________________
Johnny Gardner, Chairman
Jenna L. Dukes, District 1
Dennis DiSabato, District 3
Tyler Servant, District 5
Tom Anderson, District 7
R. Mark Causey, District 9
Al Allen, District 11

Bill Howard, District 2
Gary Loftus, District 4
Cam Crawford, District 6
Michael Masciarelli, District 8
Danny Hardee, District 10

Attest:
__________________________________
Ashley Carroll, Clerk to Council

Sugar Loaf Phase 2

October 15, 2024

County Council Decision Memorandum
Horry County, South Carolina
Date:
From:
Division:
Prepared By:
Cleared By:
Committee:
Issue:

September 26, 2024
David Gilreath, P.E.
Infrastructure & Regulation
Tina Mazzo, Plan Expediter
David Gilreath, P.E.
Infrastructure & Regulation
Acceptance into the Horry County Maintenance System

ISSUE
The developers of Sugar Loaf Phase 2 (Averyville Drive) = 0.29 miles in length
(1,531.20’) request the roads and drainage be dedicated to Horry County.
PROPOSED ACTION
OPTION A:
OPTION B:

Approve acceptance into the County maintenance system of Sugar Loaf Phase 2
(Averyville Drive).
Do not approve acceptance.

RECOMMENDATION:
Staff recommends OPTION A.
BACKGROUND
The developers have provided the Engineering Department with fully executed
dedication documents and a warranty letter of credit for Sugar Loaf Phase 2 (Averyville
Drive). The roads and drainage have been constructed to Horry County standards and
inspected and approved by the Engineering Department.

Sugar Loaf Phase 2

October 15, 2024

®

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AVERYVILLE DR

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COUNTY OF HORRY

)
)
)

STATE OF SOUTH CAROLINA

ORDINANCE

-24

AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE
AGREEMENT WITH MACH AERO LLP FOR THE RIGHT TO LEASE HANGAR 1 AND SURROUNDING RAMP AREA
AT THE GRAND STRAND AIRPORT.
WHEREAS, Horry County Council is empowered by section 4-9-30(2) of the South Carolina Code of Laws “to lease,
sell, or otherwise dispose of real and personal property”, and by Section 4-9-30(14) to enact ordinances for the
implementation and exercise of that power; and
WHEREAS, the County initiated a competitive procurement by way of a Request for Proposals in May of 2024 for
potential proposers interested in leasing Hangar 1 for Aeronuatical Use at Grand Strand Airport; and
WHEREAS, the evaluation committee elected to move forward with the proposal response submitted by MACH Aero
LLP as it was determined to be most advantageous to the County; and
WHEREAS, County Council is of the opinion that such an arrangement is consistent with the value and use of the
property, and will benefit the County by providing beneficial aircraft maintenance and repair services to the General
Aviation community and other users of Grand Strand Airport.
NOW, THEREFORE, by the power and authority granted to the Horry County Council by the Constitution of the State
of South Carolina and the powers granted to the County by the General Assembly of the State, the following hereby is
ordained and enacted:
1. AUTHORIZATION: The Horry County Administrator, for and on behalf of Horry County and its Department of Airports,
is hereby authorized and directed to engage in negotiations with MACH Aero LLP in the best interest of the County, and
to execute a Lease Agreement substantially similar to the attached hereto and incorporated herein by reference.
2. SEVERABILITY. If any Section, Subsection, or part of this Ordinance shall be deemed or found to conflict with a
provision of South Carolina law, or other pre-emptive legal principle, then that Section, Sub-section or part of this
Ordinance shall be deemed ineffective, but the remaining parts of this Ordinance shall remain in full force and effect.
3. CONFLICT WITH PRECEDING ORDINANCES. If a Section, Sub-section or provision of this Ordinance shall conflict
with the provisions of a Section, Sub-section or part of a preceding Ordinance of Horry County, unless expressly so
providing, then the preceding Section, Sub-section or part shall be deemed repealed and no longer in effect.
4. EFFECTIVE DATE. This Ordinance shall become effective on Third Reading.
AND IT IS SO ORDAINED, ENACTED AND ORDERED, this ______ day of _______________, 2024.
HORRY COUNTY COUNCIL
________________________________________
Johnny Gardner, Chairman
Jenna L. Dukes, District 1
Bill Howard, District 2
Dennis DiSabato, District 3
Gary Loftus, District 4
Tyler Servant, District 5
Cam Crawford, District 6
Attest:
__________________________________
Ashley Carroll, Clerk to Council
First Reading:
Second Reading:
Third Reading:

Tom Anderson, District 7
Michael Masciarelli, District 8
R. Mark Causey, District 9
Danny Hardee, District 10
Al Allen, District 11

MEMO
FROM:

DEPARTMENT OF AIRPORTS

TO:

INFRASTRUCTURE AND REGULATION COMMITTEE

DATE:

OCTOBER 8, 2024

SUBJECT: LEASE AGREEMENT FOR HANGAR 1 AT GRAND STRAND AIRPORT
_________________________________________________________________________________________
ISSUE
Consideration of the proposed Lease Agreement (“Agreement”) between Horry County (“County”) and
MACH Aero LLP. (“MACH Aero”) for the right to lease Hangar 1 at Grand Strand Airport (“CRE”) in
connection with its aircraft maintenance and repair business.
DISCUSSION
A Request for Proposals (“RFP”) was issued by Horry County Department of Airports (“HCDA”), in
conjunction with Horry County Procurement in May 2024 to potential proposers interested in leasing
Hangar 1 for Aeronautical Use at Grand Strand Airport. One (1) proposal was received in response to the
RFP, and the Evaluation Committee unanimously elected to move forward with MACH Aero LLP.
Hangar 1 consists of approximately 3,696 square feet of interior space which includes (2) office spaces,
kitchen space and a bathroom. The proposed term of the Agreement is five (5) years, and the base rent
amount for the first year is eleven thousand seven hundred sixty and 00/100 dollars ($11,760.00) and
is subject to annual adjustments based on the change in the consumer price index. The monthly rate for
the first year of the Agreement is equal to nine hundred and eighty 00/100 dollars ($980.00).
HCDA feels that the terms are acceptable, will not conflict with other operations at CRE, and will enhance
the General Aviation community public offering at Grand Strand Airport.
REQUEST
HCDA staff requests Infrastructure and Regulation Committee approve entering into a Lease Agreement
with MACH Aero, substantially similar to the one attached.
###

STATE OF SOUTH CAROLINA
COUNTY OF HORRY

)
)
)

LEASE AGREEMENT FOR
HANGAR 1 AT GRAND STRAND
AIRPORT

THIS LEASE AGREEMENT, made and entered into this ____ day of _______________, 2024,
by and between HORRY COUNTY, a political subdivision organized and existing under the laws of the
State of South Carolina (hereinafter “Lessor”) and MACH AERO, LLP a business entity organized and
existing under the laws of the State of South Carolina, and authorized to conduct business in Horry County,
South Carolina (hereinafter “Lessee”).
WITNESSETH:
WHEREAS, Lessor is the owner of and has the right to lease certain property at Grand Strand Airport for
Horry County Department of Airports (“Airport”), to include Hangar 1 at Grand Strand Airport; as well as
surrounding ramp area; and
WHEREAS, Lessee has requested that it be granted a leasehold in that property to conduct its aircraft
maintenance and repair business; and
WHEREAS, Airport Staff has negotiated the terms and conditions of a Lease Agreement, and the
Infrastructure and Regulation Committee and Horry County Council, having reviewed the agreed-upon
terms, found those terms to be acceptable and in the best interests of the Lessor.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants contained herein,
Lessor and Lessee agree as follows:
ARTICLE I
PREMISES
1.01

Premises. Lessor hereby leases to Lessee Hangar 1 at Grand Strand Airport, including surrounding
property (hereinafter “Premises”). Hangar 1 is located at 2800 Terminal Street, North Myrtle
Beach, SC 29577, and consists of approximately 3,696 square feet of interior space and 5,323
square feet of total ground space, which includes a 25-foot extension from Hangar 1 to Ramp Area,
together with all fixtures, furnishings and equipment. The location of the Premises is shown on
Exhibit “A”, attached hereto and made a part hereof.
Lessee shall also have the right to use, in common with other leaseholders and users of Airport
property, associated aircraft ramp and taxiways for the purpose of appropriate access to the runway
and other facilities at the Airport. In addition, Lessee and its employees shall also have the right to
use, in common with others, common vehicle parking areas owned by Lessee.

1.02

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.

1.03

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 of record. Lessee agrees to abide by and/or comply with each and every of such

covenant, condition, restriction, requirement, easement, right-of-way, reservation, right, agreement
and encumbrance that may be contained of record.
Lessee agrees to abide by and comply with each and every covenant, restriction, and requirement
that may be contained in the deed or deed pertaining to the Premises. Please reference Exhibit “B”
for a copy of the applicable deed for the Premises.
ARTICLE II
TERM AND COMMENCEMENT DATE
2.01

Term. The term of this Agreement shall commence on _________ __, 202__, subject to approval
by the Horry County Council, and full execution hereof, and shall continue in force and effect for
a period of five (5) years, terminating ___________ ___, 20__.

2.02

Holding Over. Upon expiration of this Agreement, at the discretion of the Lessor, Lessee may hold
over on a month-to-month basis. Such holding over, however, shall not be construed to renew this
Agreement for any further term but may be terminated by Lessor or Lessee upon ninety (90) 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

3.01

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 any regulations as issued by the
Federal Aviation Administration (“FAA”).
Lessee shall have the right and obligation to use the Premises solely in connection with the
operation of its aircraft maintenance and repair business. Lessee shall possess all required licenses
and certifications for the work to be performed by it on the Premises. 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 or interfere
with lawful activity on adjacent properties; the disclosed use not being a nuisance under this
paragraph.
Lessee shall control all activity on the Premises so as not to interfere or cause deleterious effects
upon air traffic at the Myrtle Beach International Airport (“Airport”). Lessee shall control all
current and future lighting installed on the Premises by Lessee so as to prevent illumination from
being a hazard to pilots landing on, taking off from or taxing on the Airport. The determination of
hazard shall rest solely with the judgment of the Director of the Horry County Department of
Airports.
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 or on or about the
Premises, or permit or suffer any nuisance to be committed; the disclosed use not being a nuisance
under this paragraph.

Page 2 of 31

3.02

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 Agreement, and does
not interfere with the rights of any of the other tenants or users of the Airport.

3.03

Efficient Use of Premises. Lessee and Lessor agree that efficient use of the Premises is a common
goal. 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
forty-five (45) 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 one every twenty-four (24) months.
ARTICLE IV
RENTAL AMOUNT

4.01

Rental Rate. During the first year of this Agreement, Lessee shall pay to Lessor an annual rent
(hereinafter “Rent”) in an amount equal to eleven thousand seven hundred sixty and 00/100 dollars
($11,760.00) for Hangar 1. The annual Rent for the Premises in the first year of the Agreement is
and eleven thousand seven hundred sixty and 00/100 dollars ($11,760.00), divided into twelve (12)
equal monthly payments of nine hundred eighty and 00/100 dollars ($980.00). 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.

4.02

Escalation. The annual Rent amount shall be adjusted annually on each January 1st (the
“Adjustment Date”) following the Agreement commencement date, to increase (but not decrease)
such annual Base Rent amount by the same percentage of increase that occurred in the Index for
the twelve (12) month period that ended three (3) months prior to the Adjustment Date (such
increase being referred to herein as the “Annual CPI Adjustment”). The percentage increase in the
Index so derived, if positive, shall be multiplied by the current annual Rent amount and the
increased amount shall be the annual Rent amount for the succeeding twelve (12) month period;
provided, however, if the change in the Index on any Adjustment Date is negative, then the annual
Rent amount following such Adjustment Date shall remain the same for the succeeding twelve
months as the annual Rent amount for the prior twelve (12) months. “Consumer Price Index” or
“Index” as used in this Permit means the Consumer Price Index for All Urban Consumers (198284 equals 100), of the Bureau of Labor Statistics of the United States Department of Labor, or the
official successor of said Index. If said Index is changed so that the base year differs from the base
year used in the last index published prior to the commencement of the Agreement term, the former
Index shall be converted to the new Index in accordance with the conversion factor published by
the United States Department of Labor, Bureau of Labor Statistics.

4.03

Payment of Rent. The Rent shall be paid in 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 from and after
the Commencement Date.

Page 3 of 31

4.04

Late Payment Fee, Penalties, and Collection. Any Rent payment or payment of any other fee or
charge set forth in this Agreement not paid within ten (10) days of the date due shall be subject to
a monthly fee of one and one-half (1½ %) 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.
ARTICLE V
IMPROVEMENTS/ALTERATIONS

5.01

Prior Approval Required. 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. All
improvements and alterations 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.
Upon the approval of such construction, plans and specifications, Lessee shall 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 shall
further furnish Lessor with a good and sufficient Surety Bond (in a form and issued by a company
acceptable to Lessor) insuring the completion of the work and the payment of all bills in connection
therewith. All materials used in any improvements by Lessee shall be of appropriate quality and
grade for the use to which they are employed.
Lessee shall file a notice of construction, including Federal Aviation Administration (“FAA”) Form
7460, if applicable, with the appropriate federal, state and local authorities with respect to any
construction, improvements, modifications or additions Lessee plans to perform, and Lessor shall
cooperate with Lessee in connection therewith but shall not be required to incur any cost or expense
in connection therewith. Lessee and Lessee’s contractor, in cooperation with Lessor, shall file the
FAA Form 7460 with the FAA.

5.02

Statement of Costs. Within ninety (90) calendar days of completion of any construction,
improvements, modifications or additions under this Agreement, the Lessee shall submit to the
Lessor a detailed statement of the costs associated therewith (excluding the cost of tools,
equipment, inventory or accessories installed or stocked on the Premises), together with a complete
set of reproducible “as built” plans.

Page 4 of 31

5.03

Assignment of Warranties. Lessee agrees to assign all warranties which are issued to Lessee
pursuant to the installation of the construction, improvements, modifications or additions made to
the Premises by Lessee and agrees to provide and execute all documents necessary to accomplish
such an assignment.

5.04

Protection of Utility Lines and Equipment. All work undertaken pursuant to the authority granted
within this Article shall be subject to the condition that Lessee make, 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.

5.05

Title to Improvements, Alterations and Repairs. All construction, improvements, modifications or
additions made to the Premises 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 Agreement, 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.

5.06

Trade Fixtures, Machinery and Equipment. If Lessee is not then in default of any provisions of this
Agreement, 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.
ARTICLE VI
MAINTENANCE AND REPAIRS

6.01

Maintenance and Repairs. 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 Permit, reasonable wear and tear excepted. Under no circumstances shall the
overhead doors or 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 overhead roll up 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 and renewals shall be equal or better in
quality and class to the original work; provided, however, the Lessee shall not be obligated to
replace any mechanical or other system, connections or fixtures that fail as a result of age or
extenuating conditions outside the control of the Lessee. Should Lessee fail to make required
repairs or maintenance, Lessor, in its discretion, may self-perform or contract with an independent
contractor it deems competent to fulfill Lessee’s duties under this Article; for which Lessee agrees
to promptly reimburse Lessor for the direct cost thereof, plus twenty-five percent (25%) thereof

Page 5 of 31

administrative overhead. 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 or into 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 any or
all portions of the Premises, Lessor shall, at its sole discretion, have the option of replacing the
Premises in their entirety, moving Lessee to a suitable location elsewhere on its property, at
Lessor’s expense, or terminating this Agreement.
ARTICLE VII
UTILITIES
7.01

Utilities. Lessee shall bear the cost of extending any utilities to the leased premises or any
improvements thereon, or modifying such services to address the specific requirements of Lessee.
Lessee shall be solely responsible for the payment of all utility charges, water and sewer services,
gas, electricity, telephone, trash removal, hazardous waste removal and other services used by
Lessee in or on the Premises, to include hook-up fees, advanced deposits or other such costs,
regardless of whether the utility charge is incurred in the name of Lessee or Lessor. Lessee shall
transfer all applicable utility meters to Lessee’s name. In the event Lessor incurs any utility charge
in the name of Lessee, Lessee shall reimburse Lessor for the full amount of the charge within five
(5) calendar days of the date of written notice to Lessee of the amount of the charge.
ARTICLE VIII
TAXES, FEES, ASSESSMENTS

8.01

Taxes, Fees, Assessments. All taxes or governmentally imposed fees or assessments in any way
incurred upon the Premises, any improvement 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

9.01

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 attorneys’ 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.

Page 6 of 31

ARTICLE X
ASSIGNMENT, ASSUMPTION OR SUBLETTING OF AGREEMENT
10.01

Assignment, Assumption or Subletting of Agreement. 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/on the Premises
and vacate the Premises within ten (10) days of receipt of notice of Lessor’s duration.
If this Agreement 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 Agreement to be performed by Lessee and Lessee shall not be released
therefrom in any manner.
ARTICLE XI
CHANGE IN OWNERSHIP/CONTROL/MANAGEMENT OF LESSEE

11.01

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 specifically acknowledges that Lessor reserves the
right to approve or disapprove, at Lessor’s sole 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
NO NUISANCE

12.01

No Nuisance. Lessee shall not commit any nuisance on the Premises, or do or permit to be done
anything which results in the creation or commission of a nuisance on the Premises, and the Lessee
shall not cause or permit to be caused or produced upon the Premises, or to emanate therefrom, any
smoke, gases, vapor or odors in violation of any environmental or other requirements. Lessee shall
not, and shall not permit anyone to, dispose of, release or discharge any hazardous substance on the
Premises. Any hazardous substance disposed of, released or discharged by Lessee on the Premises
shall be completely removed and/or remediated by Lessee, with or without written notice by Lessor
to Lessee. The foregoing obligations of Lessee shall survive the expiration or termination of this
Agreement.
ARTICLE XIII
INDEMNIFICATION

13.01

Indemnification and Hold Harmless. It is an express condition of this Agreement that Lessee shall
indemnify, defend (with counsel satisfactory to Lessor), and hold Horry County, its elected officials,

Page 7 of 31

officers, agents and employees harmless from and against any and all claims, debts, demands,
liabilities, losses, costs, damages, expenses (including reasonable attorneys’ fees), judgments,
penalties, fines, or causes of action of every kind or character, whether in law or in equity, by
reason of any death, injury or damage to any person or persons or damage or destruction of property
or loss of use thereof, whether it be the person or property of Lessee, its agents or employees, or of
any third persons, from any cause or causes whatsoever arising from any event or occurrence in or
upon the Premises or any part thereof, or otherwise arising from Lessee’s operations under this
Agreement, excepting only losses or claims which are caused solely by Lessor’s gross negligence.
Lessee’s obligations pursuant to the foregoing indemnity agreement shall survive the expiration or
termination of the Agreement and shall bind Lessee’s successors and assignees and inure to the
benefit of Lessor’s successors and assignees. Certificates of insurance shall NAME THE OWNER
AS AN ADDITIONAL INSURED on all policies.
13.02

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 liability, directly or
indirectly, relating to or arising from Lessee’s determined actual use, storage, release, discharge,
handling or presence of Hazardous Materials on, under, or about the leased Premises in violation
of Lessee’s obligations under this Agreement (“Hazardous Materials Release”). Lessee shall not be
liable for any pre-existing conditions resulting from prior use of the Premises and County agrees to
be fully responsible for all environmental contamination existing on the Premises as of the effective
date of the Lease.
This indemnification shall include, without limitation, (a) personal injury claims, (b) the payment
of liens, (c) diminution in the value of the leased Premises, (d) damages for the loss or restriction
on use of the leased Premises, (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 Materials 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.

13.03

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”).

Page 8 of 31

ARTICLE XIV
INSURANCE
14.01

Insurance. Lessee agrees to purchase and keep in force and maintain at all times during the term
of this Agreement, at its own expense, for the benefit of itself and name Lessor as additional
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, all insurance as may be
required under any applicable minimum standards for Horry County airports or as otherwise
directed or modified, at Lessor’s sole discretion, so as to protect its interest. At a minimum, Lessee
agrees to insure against: (A) all liability for damage to or loss of Lessee’s and its customer’s
property located on the Premises, (B) liability for property damage and personal injury or death
arising from acts or omissions of Lessee, its agents and employees, and (C) Workers Compensation
claims of all employees as required by South Carolina Workers Compensation Commission and the
South Carolina Department of Insurance. Said insurance shall be maintained throughout the term
of this Agreement with an insurance company acceptable to Lessor with liability limits of at least
$2,000,000 where such limits are not otherwise set forth in any applicable minimum standards or
as may be otherwise directed or modified, at Lessor‘s sole discretion, so as to protect its interest.
Lessee agrees to purchase and keep in force and maintain at all times during the term of this
Agreement, at its own expense, an environmental and/or pollution legal liability insurance policy
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. Said insurance shall be
maintained throughout the term of this Agreement with an insurance company acceptable to Lessor
with liability limits of at least $1,000,000 where such limits are not otherwise set forth in any
minimum standards or as may be otherwise directed or modified, at Lessor’s sole discretion, so as
to protect its interest.
The policy or policies shall contain a contractual liability endorsement expressly covering the
indemnification provisions of Article 13 of this Agreement. Lessee shall also purchase, at its own
cost and in the sole discretion, such business interruption or other insurance to protect Lessee’s
interest in the event of major or minor damage or disaster to the Premises.
This Agreement shall not become effective until Lessee shall provide to Lessor a copy of
certificate(s) evidencing the above insurance. The certificate(s) of insurance shall provide that no
material alteration, reduction, or termination of coverage shall occur without the insurance carrier
giving Lessor at least thirty (30) days’ written notice prior to such alteration, reduction, or
termination.
ARTICLE XV
ENTRY OF LESSOR/RIGHT OF INSPECTION

15.01

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 lawful authority or with the provisions of this Agreement; exhibit
the Premises to prospective tenants, purchasers or other persons; make repairs as specified in Article
VI; alter or otherwise prepare the Premises for re-occupancy at any time after Lessee has vacated
the Premises.

Page 9 of 31

ARTICLE XVI
DEFAULT
16.01

Event of Default by Lessee. The happening of any one or more of the following listed events and
the expiration of any notice and cure periods herein provided (which events, upon such expiration,
are hereinafter referred to singularly as “event of default” and plurally as “events of default”) shall
constitute a breach of this Agreement on the part of Lessee, namely:
(a) The filing by, on behalf of, or against Lessee of any petition or pleading to declare Lessee a
bankrupt, voluntary or involuntary, under any bankruptcy act or law;
(b) The commencement in any court or tribunal of any proceeding, voluntary or involuntary, to
declare Lessee insolvent or unable to pay its debts;
(c) The failure of Lessee to pay any rent or any other amount payable under this Agreement within
ten (10) calendar days after written notice by Lessor that the same is due and payable;
(d) The failure in any material respect of Lessee to perform, fully and promptly, any act
required of it under the terms of this Agreement, or otherwise to comply with any term or
provision hereof within the shorter of: (i) the time specifically required; or (ii) thirty (30)
calendar days after written notice by Lessor to Lessee to do so, unless such default cannot be
cured within such period and Lessee has in good faith commenced and is prosecuting the cure
thereof, in which case Lessee shall have a reasonable extension of such period in order to cure
such default;
(e) The appointment by any court or under any law of a receiver, trustee, or other custodian of the
property, assets or business of Lessee;
(f) The assignment by Lessee of all or any part of its property or assets for the benefit of creditors;
(g) Abandonment by Lessee of Premises; provided, failure of Lessee to operate the concession and
to provide the service contemplated by the Agreement for a period of thirty (30) calendar days
shall constitute abandonment by Lessee; and
(h) The sale or levy upon Lessee’s real or personal property by any Sheriff, Marshal or Constable.

16.02

Waiver by Lessor. No waiver by the Lessor of default by Lessee of any of the terms covenants, or
conditions performed and preserved by Lessee shall be construed to be a waiver of any subsequent
default. The acceptance of rental or the performance of all or part of this Agreement by Lessor for
or during any period or periods after default of any of the terms, covenants and conditions herein
contained to be performed, kept and observed by Lessee, shall not be deemed a waiver of any right
on the part of Lessee to declare a default or cancel this Agreement for a subsequent breach thereof.

16.03

Effect of Default by Lessee/Termination. Upon the happening of any event of default as defined
in Section 16.01 above and Lessee’s failure to cure such default in the forth in said Section, Lessor
shall have the right to terminate the term of this Agreement by written notice to the Lessee, which
termination shall be effective as of the date of said notice. Upon any termination of the Agreement,
whether by lapse of time or otherwise, Lessee shall promptly cease operating its concession or

Page 10 of 31

otherwise occupying the Premises and shall deliver possession of the same, including any
improvements, equipment and trade fixtures to the Director of Airports, and Lessee hereby grants
to Lessor full and free license to enter into and upon the Premises in such event and with or without
process to expel or remove Lessee and any others who may be occupying the Premises and to
remove therefrom any and all property, using for such purpose such force as may be necessary
without being guilty or liable for trespass, eviction, or forcible entry and detainer and without
relinquishing the Lessor’s right to rent or any other right given to the Lessor hereunder or by
operation by law. Except as otherwise expressly provided in this Agreement, Lessee hereby
expressly waives the service of demand for the payment of rent or for possession of the Premises
or to re-enter the Premises, including any and every form of demand and notice prescribed by any
statute or other law.
16.04

Right of Lessee to Terminate by Cancellation. Lessee may terminate this Agreement and cancel all
of its obligations hereunder at any time Lessee is not in default in the payment of rents, fees or
charges payable to Lessor hereunder ninety (90) calendar days after giving written notice to Lessor
upon or after the happening of any one of the following events:
(a) Lessee’s inability to use the Premises for a period in excess of sixty (60) calendar days, because
of the issuance of any order, rule or regulation by the United States or any instrumentality
thereof preventing Lessee from operating at the Premises for cause or causes not constituting a
default under this Agreement;
(b) The default by Lessor in the performance of any covenant or agreement here in required to be
performed by it and the failure of Lessor to remedy such default for a period of sixty (60)
calendar days after receipt from Lessee of written notice to remedy the same, unless such
default cannot be cured within such sixty (60) calendar day period and the Lessor has in good
faith commenced and is prosecuting the cure thereof, in which case Lessor shall have a
reasonable extension of such period in order to cure such default; provided that no notice of
cancellation, as above provided, shall be of any force or effect if Lessor shall have remedied
the default prior to receipt of Lessor’s written notice of cancellation;
(c) The assumption by the United States or an instrumentality thereof of the operation, control or
use of the Airport or any substantial part thereof in such a manner as to substantially restrict
Lessee for a period of at least ninety (90) calendar days from operating its business at the
Airport;
(d) The withdrawal or cancellation by the United States or an authorized instrumentality
thereof of the right of regularly scheduled airlines to operate at the Airport;
(e) The issuance by any court of competent jurisdiction of an injunction restraining the use of the
Airport or the Premises if said injunction shall remain in force for more than ninety (90)
calendar days; and
(f) The failure of Lessor to offer adequate replacement premises for use by Lessee.

16.05

Waiver by Lessee. Lessee’s performance of all or any part of this Agreement for or during any
period or periods after a default of any of the terms, covenants or conditions hereof to be performed,
kept or observed by the Lessor, or the occurrence of such other event as may excuse performance
shall not be deemed a waiver of any right on the part of Lessee: (i) to cancel this Agreement for

Page 11 of 31

failure by the Lessor so to perform, keep or observe, or by reason of such occurrence; or (ii) to
enforce any other right that the Lessee may have by reason of such failure or occurrence.
16.06

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
Agreement.

16.07

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 rental or
the performance of all or any part of this 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 Agreement for a subsequent breach thereof.

16.08

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’s property.
ARTICLE XVII
NOTICE

17.01

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 addressed to the other party as follows:
TO LESSOR AT:
Horry County Department of Airports
Attn: Director of Airports
1100 Jetport Road
Myrtle Beach, SC 29577
With a copy to:
Horry County Attorney’s Office
1301 Second Avenue
Conway, SC 29526
TO LESSEE AT:
Mach Aero, LLP
2800 Terminal Street
North Myrtle Beach, SC 29582

Page 12 of 31

With a copy to:
__________________________________
__________________________________
__________________________________
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 with
return receipt, or upon receipt or three days after deposit in the United States mail, certified or
registered mail, return receipt requested, whichever occurs sooner.
ARTICLE XVIII
SURRENDER OF POSSESSION
18.01

Surrender of Premises. Lessee covenants and agrees to yield and deliver possession of the Premises
to the Lessor peacefully and promptly on the date of cessation of the letting hereunder, whether
such cessation be by termination, expiration or otherwise, promptly and in the condition provided
in Articles II and XVI. Upon expiration of this Agreement, all of the Premises, and all construction,
buildings, structures, improvements and fixtures located thereon, shall be free and clear of all liens,
encumbrances, security interests and rights of any subtenants or occupants of the Premises.

18.02

Removal of Property. Unless required for the performance by the Lessee of its obligations
hereunder, the Lessee shall have the right, at any time during the letting hereunder to remove and,
on or before the expiration of this Agreement or the effective date of any earlier termination of the
letting under this Agreement, shall be obligated to remove, its equipment, inventories, signs,
detachable furniture and furnishings and its other removable fixtures and personal property from
the Premises, repairing all damage caused by such removal. Any items left behind after execution
of this Agreement will be deemed abandoned and, at Lessor’s option, become the property of the
Lessor.
ARTICLE XIX
LESSOR’S RIGHT TO RECAPTURE PREMISES

19.01

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 if the same is needed for
Airport or aeronautical purposes. Upon exercise of these recapture rights, Lessor shall relocate
Lessee to a comparable facility or facilities, if any such are available, at the Airport. In the event
of casualty, all of Lessor’s casualty insurance proceeds shall be paid to Lessor.
ARTICLE XX
FORCE MAJEURE

20.01

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.

Page 13 of 31

ARTICLE XXI
COMPLIANCE WITH LAWS AND REGULATIONS
21.01

Compliance with Laws and Regulations. Lessee, at Lessee’s sole cost and expense, shall observe
and obey and shall require its employees, guests, 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 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 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 acknowledging that the contract is in effect. Lessee agrees to indemnify and hold
Lessor harmless from any and all penalties, losses, liabilities and costs, including attorneys’ fees,
remediation costs, and laboratory and investigative costs arising from Lessee’s failure to comply
with this Section.
Nothing herein contained shall be construed as granting or authorizing the granting of an exclusive
right within the meaning of Section 308 of the Federal Aviation Act. The Agreement shall be
subordinate to the provisions of any existing or future agreement between the Lessor and the United
States of America or any department or agency thereof relative to the operation or maintenance of
the Airport, the execution of which has been or may be required by the provisions of the Federal
Aviation Act, or any future statute affecting the operation or maintenance of the Airport.
In the event that the Federal Aviation Administration (“FAA”) requires, as a condition precedent to
the granting of funds for the improvement of the Airport or otherwise, modifications, revisions,
supplements or deletions of any of the terms, conditions or requirements of this Agreement, then
Lessee agrees that such changes shall be permitted.
ARTICLE XXII
ENVIRONMENTAL COMPLIANCE

22.01

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 Agreement, and it is responsible for obtaining any environmental permits required for its
operations under the Agreement.
ARTICLE XXIII
GOVERNING LAWS AND VENUE

23.01

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

Page 14 of 31

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
24.01

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

25.01

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 intentions
of the parties.

ARTICLE XXVI
EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION, PUBLIC USE AND
FEDERAL GRANTS
26.01

General Civil Rights Provisions. In all its activities within the scope of its airport program, the
Lessee agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in
Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall,
on the grounds of race, color, national origin (including limited English proficiency), creed, sex
(including sexual orientation and gender identity), age, or disability be excluded from
participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The above provision binds the Lessee (including all sub-Lessees) from the proposal/bid
solicitation period through the completion of the contract.
This provision also obligates the Lessee or its transferee for the period during which Federal
assistance is extended to the airport thorough the Airport Improvement Program, except where
Federal assistance is to provide, or is in the form of personal property; real property or interest
therein; structures or improvements thereon.
In the cases the provision obligates the party or any transferee for the longer of the following
periods:
(a) The period during which the property is used by the airport sponsor or any transferee for a
purpose for which Federal assistance is extended, or for another purpose involving the
provision of similar services or benefits; or

Page 15 of 31

(b) The period during which the airport sponsor or any transferee retains ownership or possession
of the property.
(c) Withholding payments to the contractor under the contract until the contractor complies; and/or
(d) Cancelling, terminating, or suspending a contract, in whole or in part.
26.02

Non-Discrimination. During the performance of this Lease, the Lessee, for itself, its assignees, and
successors in interest agrees as follows:
(a) Compliance with Regulations: Lessee will comply with the Title VI List of Pertinent
Nondiscrimination Statues and Authorities, as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
(b) Non-discrimination: Lessee, with regard to work performed by it during the Lease, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. Lessee will not
participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations, including employment practices when the Lease covers any activity, project, or
program set forth in Appendix B of CFR part 21.
(c) Solicitations for Sub agreements, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by Lessee for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential sub agreement or supplier will be notified by the Lessee of the Lessee’s
obligations under this contract and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color or national origin.
(d) Information and Reports: Lessee will provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Recipient or the Federal Aviation Administration to be pertinent to ascertain compliance with
such Acts, Regulations, and instructions. Where any information required of a company is in
the exclusive possession of another who fails or refuses to furnish the information, Lessee will
so certify to the Recipient or the Federal Aviation Administration, as appropriate, and will set
forth what efforts it has made to obtain the information.
(e) Sanction for Noncompliance: In the event of Lessee’s noncompliance with the Nondiscrimination provisions of this Lease, the Recipient will impose such contract sanctions as it
or the Federal Aviation Administration may determine to be appropriate, including, but not
limited to:
i.

Withholding payments to the contractor under the contract until the contractor complies;
and/or

ii. Cancelling, terminating, or suspending a contract, in whole or in part.

Page 16 of 31

(f) Incorporation of Provisions: Lessee will include the provisions of paragraphs one through six
in every sub agreement, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. Lessee will take
action with respect to any sub agreement or procurement as the Recipient or the Federal
Aviation Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Lessee becomes involved in, or is threatened
with litigation by a sub lessee, or supplier because of such direction, the Lessee may request
the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,
the Lessee may request the United States to enter into the litigation to protect the interest of the
United States.
26.03

Title VI Clause for Construction/Use/Access to Real Property Acquired Under the Activity, Facility
or Program. The following clauses will be included in deeds, licenses, permits, or similar
instruments/agreements entered into by Lessor pursuant to the provisions of the Airport
Improvement Program grant assurances.
A. The Lessee for himself/herself, his/her heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the
case of deeds and leases add, “as a covenant running with the land”) that (1) no person on
the ground of race, color, or national origin, will be excluded from participation in, denied
the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over, or under such land, and the furnishing
of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises
in compliance with all other requirements imposed by or pursuant to the Title VI List of
Pertinent Nondiscrimination Acts and Authorities.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Non-discrimination covenants, Airport will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon,
and hold the same as if said (license, permit, etc., as appropriate) had never been made or
issued.
C. With respect to deeds, in the event of breach of any of the above Non-discrimination
covenants, Airport will there upon revert to and vest in and become the absolute property of
Airport and its assigns.

26.04 Title VI List of Pertinent Non-Discrimination Authorities. During the performance of this
Lease, the Lessee, for itself, its assignees, and successors in interest agrees to comply with
the following non-discrimination statues and authorities; including but not limited to:
•

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 200d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);

•

49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

Page 17 of 31

26.05

•

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);

•

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27;

•

The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);

•

Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

•

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms “programs or activities” to include all of the programs or activities of the Federalaid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);

•

Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131
– 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37
and 38;

•

The Federal Aviation Administration’s Non-discrimination statue (49 U.S.C. § 47123),
(prohibits discrimination on the basis of race, color, national origin, and sex);

•

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
population;

•

Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access
to your programs (70 Fed. Reg. at 74087 to 74100);

•

Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination because of sex in education programs or activities (20 U.S.C. 1681 et seq.)

Federal Fair Labor Standards Act (Federal Minimum Wage). All contracts and
subcontracts
incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act

Page 18 of 31

(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage,
overtime pay, recordkeeping, and child labor standards for full and part time workers.
The Lessee has full responsibility to monitor compliance to the referenced statute or regulation.
The Lessee must address any claims or disputes that arise from this requirement directly with the
U.S. Department of Labor – Wage and Hour Division.
26.06

Occupational Safety and Health Act of 1970. All contracts and subcontracts incorporate by
reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full
text. Contractor must provide a work environment that is free from recognized hazards that may
cause death or serious physical harm to the employee. The Lessee retains full responsibility to
monitor its compliance and their subcontractor’s compliance with the applicable requirements of
the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any
claims or disputes that pertain to a referenced requirement directly with the U.S. Department of
Labor – Occupational Safety and Health Administration.

26.07

Certification Regarding Domestic Preferences For Procurements. The Lessee certifies by signing
this contract that, to the greatest extent practicable, the Lessee will give preference to the
purchase, acquisition, or use of goods, products, or materials produced in the United States
(including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in
compliance with 2 CFR § 200.322.

26.08

Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment.
Lessee and (including all sub-Lessees) agree to comply with mandatory standards and policies
relating to use and procurement of certain telecommunications and video surveillance services or
equipment in compliance with the National Defense Authorization Act [Public Law 115-232 §
889(f)(1)].
ARTICLE XXVII
CAPTIONS AND HEADINGS

27.01

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 XXVIII
WAIVER

28.01

Waiver. Continued performance by either party pursuant to the terms of this Agreement after a
default in any of the terms, covenants, provisions and/or 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

Page 19 of 31

29.01

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

30.01

Security Deposit. To assure the faithful performance of Lessee’s obligations hereunder, Lessee
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 six (6)
months of all applicable rents, fees and charges to the Lessor, which shall be remitted to the Lessor
prior to the Lessee’s occupancy of the Premises. Lessee covenants and agrees that Lessor may use
this security deposit against any and all unpaid indebtedness legally owed by Lessee to the Lessor.
If Lessor is required to utilize any portion of this security deposit during the term of this Agreement,
or any subsequent holdover period, the Lessee shall immediately replenish. In no event shall this
security deposit be used as payment for any fee set forth in Article 4, above, without the express
written authorization of Lessor.
ARTICLE XXXI
EFFECTIVE DATE

31.01

Effective Date. This Agreement shall become effective on the date specified herein above. 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.

Page 20 of 31

IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed, in duplicate,
with all the formalities required by law on the day and year written below.

WITNESSES:

FOR LESSOR:
HORRY COUNTY

______________________________
Witness #1

By:____________________________
Its: Administrator

_______________________________
Witness #2/Notary Public

Date:___________________________

WITNESSES:

FOR LESSEE:
MACH AERO, LLP

____________________________
Witness #1

By: _________________________________
Its: __________________________________

____________________________
Witness #2/Notary Public

Date: ____________________________

Page 21 of 31

STATE OF SOUTH CAROLINA
COUNTY OF HORRY

)
)
)

PROBATE AS TO LESSOR

PERSONALLY APPEARED BEFORE ME, __________________________________, and made
the oath that he or she saw the within named _______________________, Horry County Administrator,
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, and that the
subscribing witness is not a party to or beneficiary of the transaction.
_______________________________________
1st Witness

SWORN TO BEFORE ME
this ______ day of _____________, 2024.
_____________________________(L.S.)
Notary Public for South Carolina
My Commission Expires: ______________

Page 22 of 31

STATE OF SOUTH CAROLINA
COUNTY OF HORRY

)
)
)

PROBATE AS TO LESSEE

PERSONALLY APPEARED BEFORE ME, _________________________________, and made
the oath that he or she saw the within named, _____________________, authorized representative of
____________________________, as Lessee, 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, and that the subscribing witness is not a party to or beneficiary of the transaction.
_______________________________________
1st Witness

SWORN TO BEFORE ME
this ______ day of _____________, 2024.
_____________________________(L.S.)
Notary Public for South Carolina
My Commission Expires: _____________

Page 23 of 31

EXHIBITS

HANGAR 1
GRAND STRAND AIRPORT

Page 24 of 31

EXHIBIT “A”
HANGAR 1 CRE (Grand Strand Airport)
2800 Terminal St.
North Myrtle Beach, SC 29582

Grand Strand Airport
(CRE)

Hangar 1

Page 25 of 31

EXHIBIT “A-1”
Hangar 1 CRE – Front Exterior

Page 26 of 31

EXHIBIT “A-2”
Hangar 1 CRE – Rear / Side Exterior

Page 27 of 31

EXHIBT “A-3”
HANGAR 1 CRE – Front / Side / Rear Exterior

Page 28 of 31

EXHIBIT “A-4”
HANGAR 1 CRE – Interior Ground Level

Page 29 of 31

EXHIBIT “A-5”
Hangar CRE – Interior Upper Level
Office Space Total: Approximately 309 ft2

Approximately 160 ft2

Approximately 149 ft2

EXHIBIT “A-6”
Hangar 1 CRE – Total Ground Area
Approximately 5,323 ft2
(Extends 25 feet from Hangar to Ramp Area)

Page 31 of 31

COUNTY OF HORRY
STATE OF SOUTH CAROLINA

)
)

ORDINANCE NO.

-24

AN ORDINANCE APPROVING AND AUTHORIZING THE COUNTY ADMINISTRATOR
TO EXECUTE A LEASE AGREEMENT WITH HORRY COUNTY COUNCIL ON AGING
OF CERTAIN REAL PROPERTY IN HORRY COUNTY, SOUTH CAROLINA.
WHEREAS, Horry County Council is empowered by section 4-9-30(2) of the South Carolina
Code of Laws “to lease, sell, or otherwise dispose of real and personal property”, and by
Section 4-9-30(14) to enact ordinances for the implementation and exercise of that power;
and
WHEREAS, Horry County Council on Aging has requested that the County enter into a new
lease for certain real property that was formerly the site of the Wampee fire station in Horry
County, South Carolina, bearing TMS No. 129-00-02-076; and
WHEREAS, County Council is of the opinion that such a lease arrangement is consistent
with the value and use of the property, and will benefit the citizens and residents of the
County by providing a beneficial use of the subject property.
NOW, THEREFORE, by the power and authority granted to the Horry County Council by
the Constitution of the State of South Carolina and the powers granted to the County by the
General Assembly of the State, the following hereby is ordained and enacted:
1. AUTHORIZATION: The Horry County Administrator, for and on behalf of Horry County,
is hereby authorized and directed to engage in lease negotiations with Horry County Council
on Aging in the best interest of the County, and to execute a Lease Agreement substantially
similar to that attached hereto and incorporated herein by reference, subject to any requisite
approvals by any agency having authority over the subject matter and terms of the Lease
Agreement or the property in question.
2. SEVERABILITY. If any Section, Subsection, or part of this Ordinance shall be deemed
or found to conflict with a provision of South Carolina law, or other pre-emptive legal
principle, then that Section, Sub-section or part of this Ordinance shall be deemed
ineffective, but the remaining parts of this Ordinance shall remain in full force and effect.
3. CONFLICT WITH PRECEDING ORDINANCES. If a Section, Sub-section or provision
of this Ordinance shall conflict with the provisions of a Section, Sub-section or part of a
preceding Ordinance of Horry County, unless expressly so providing, then the preceding
Section, Sub-section or part shall be deemed repealed and no longer in effect.
4. EFFECTIVE DATE. This Ordinance shall become effective on Third Reading.

AND IT IS SO ORDAINED, ENACTED AND ORDERED.
Dated this ______ day of _______________, 2024.
HORRY COUNTY COUNCIL

_____________________________________
Johnny Gardner, Chairman

Jenna L. Dukes, District 1
Bill Howard, District 2
Dennis DiSabato, District 3
Gary Loftus, District 4
Tyler Servant, District 5
Cam Crawford, District 6
Attest:

__________________________________
Ashley C. Carroll, Clerk to Council
First Reading:
Second Reading:
Third Reading:

Tom Anderson, District 7
Michael Masciarelli, District 8
R. Mark Causey, District 9
Danny Hardee, District 10
Al Allen, District 11

Decision Memorandum
Date:
Prepared by:
Re:

September 26, 2024
H. Randolph Haldi, Deputy County Attorney/Property Manager
Lease of real property to Horry County Council on Aging

ISSUE:
The Horry County Council on Aging desires to utilize the old Wampee fire station to relocate their current
operations at the North Strand Recreation Center, and has requested to lease the property to benefit senior
citizens in the North Myrtle Beach area.
DISCUSSION:
The Horry County Council on Aging is a non-profit entity organized for purposes of providing benefit to
the senior population of Horry County. In order to provide an improved senior center in the North Myrtle
Beach area, the Horry County Council on Aging has requested that the County enter into a lease at a nominal
rate for the County’s property previously utilized as the Wampee fire station, located on Hwy 90 near the
intersection with Hwy 57 in Horry County.
The Horry County Council on Aging intends to renovate the old fire station building on the property, and
all costs of renovation and construction would be the responsibility of the Horry County Council on Aging.
In that the HCCOA would expend significant sums incurred in the renovation of the building, staff has
proposed a 10-year lease with two 5-year options at a lease rate of $1.00 per year.
Staff has incorporated these terms within the current standard Horry County commercial lease form for the
lease of commercial property, and feels that the terms proffered are generally agreeable between Horry
County and the Horry County Council on Aging for the requested parcel, are consistent with the value and
use of the property, will not conflict with other operations of the County, and will benefit the citizens of
Horry County by providing a beneficial use of the subject property.
RECOMMENDATION:
Staff recommends that Horry County Council enact the attached proposed Ordinance authorizing the
Administrator to engage in lease negotiations with the Horry County Council on Aging in the best interest
of the County, and to execute a Lease Agreement substantially similar to that attached to the proposed
Ordinance.

STATE OF SOUTH CAROLINA )
)
COUNTY OF HORRY
)

LEASE AGREEMENT

THIS LEASE AGREEMENT, made and entered into this 1st day of _______________,
20____, by and between HORRY COUNTY, a political subdivision organized and existing under
the laws of the State of South Carolina (“Lessor”) and HORRY COUNTY COUNCIL ON
AGING, a business entity organized and existing under the laws of the State of South Carolina,
and authorized to conduct business in Horry County, South Carolina (“Lessee”).
WITNESSETH:
WHEREAS, Lessor is the owner of and has the right to lease certain property located at
Wampee Fire Station (TMS No. 129-00-02-076; PIN No. 315-14-04-0005); and
WHEREAS, Lessee has requested that it be granted a leasehold in that property for the
purpose of operation of a senior center in the North Myrtle Beach area; and
WHEREAS, Lessee has therefore submitted a request for the leasing of that property to
Horry County staff, which was then forwarded to the Horry County Infrastructure and Regulation
(I&R) Committee for its recommendation, and then to Horry County Council for its approval; and
WHEREAS, staff has negotiated the terms and conditions of a Lease Agreement, and the
I&R Committee and Horry County Council, having reviewed the agreed-upon terms, found those
terms to be acceptable and in the best interests of the County.
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 the property known as old Wampee Fire Station
(TMS No. 129-00-02-076; PIN No. 315-14-04-0005), the location of which is shown on Exhibit
A, attached hereto and made a part hereof, consisting of approximately 2.95 acres, all of which
shall be known as the “Premises”.
B.
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.
C.
Covenants and Deed Restrictions. The Premises are leased to Lessee subject to all
covenants, conditions, restrictions, requirements, easements, rights-of-way, reservations,
1

rights, agreements and encumbrances of record. Lessee agrees to abide by and/or comply
with each and every of such covenant, condition, restriction, requirement, easement, rightof-way, reservation, right, agreement and encumbrance that may be contained of record.
ARTICLE II - TERM
Term. Subject to the approval by Horry County Council, the term of this
Agreement shall commence on January 1, 2025, and shall continue in force and effect for a period
of ten (10) years, terminating December 31, 2035. 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 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.
B. Renewal Option. Lessee shall have the option to renew this Agreement, with the
Lessor’s consent, subject to all of its terms and conditions, for up to two (2) additional terms of
five (5) years each. Each renewal term shall begin on January 1, of the renewal year and shall
terminate five (5) years later on December 31. In order to exercise its right to request renewal,
Lessee shall provide written notice to Lessor of its request to renew not less than three (3) months
nor more than six (6) months prior to the expiration of the then current lease or renewal term. A
renewal option shall not be exercisable by Lessee unless at the time of the exercise of said option,
Lessee is not in default of its obligations hereunder and the Lease has not been previously
terminated according to the terms and conditions thereof. Failure of the Lessee to deliver timely
notification of its request to renew under this section shall be deemed notice of Lessee’s intent not
to renew.
ARTICLE III - USE OF PREMISES
Lessee shall have the non-exclusive right and obligation to use the Premises solely in
connection with its operation of a senior center for the North Myrtle Beach area, subject to all
terms and conditions of this agreement. 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’s employees,
customers, and guests will have reasonable access to and from and the right to use and occupy the
Premises for the sole purpose of engaging in or furthering Lessee’s business. Lessee’s employees
must be well groomed and neat in appearance at all times. The Director of Maintenance must
approve all signs and displays to be erected on the Premises. Lessee shall fully comply with all
safety and security policies/directives as established by the County. Horry County must preapprove all work to be performed on, and all improvements to be made to, the Premises. Lessee
shall not undertake any operation on the site that will cause a nuisance to (including noise and/or
dust) or interfere with the lawful and peaceful use of adjacent property.
Lessee shall comply with all County, local, state and federal laws, rules, regulations and
ordinances that are or may become applicable to its activities under this Lease, including, without

2

limitation, all applicable zoning, parking, signage, and other ordinances and the height and lighting
requirements and other requirements as may be applicable.
No use shall be made or permitted to be made of 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 vending candy, confections, beverages (excluding
any beverages containing alcohol), light refreshments or convenience items for the use and
convenience of Lessee’s employees are permitted on the Premises.
ARTICLE IV – RENTAL
A.
Base Rental Rate/Escalation. Lessee shall pay to Lessor an annual base rent in an amount
equal to ONE ($1.00) Dollars. Lessee shall pay said amounts without demand, and without
set-off or deduction, in advance on or before the first day of each year 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 year, the Base Rent shall not be prorated.
B.
Rental Credits for Improvements.
improvements to the Premises.

Lessee shall receive no rental credit for any

C.
Late Payment Fee, Penalties, and Collection. Any rental payment any percentage rental
payment or payment of any other fee or charge set forth in this Agreement not paid within ten (10)
days of the date due shall be subject to a monthly fee of one and one-half (1½ %) 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.
ARTICLE V – IMPROVEMENTS/ALTERATIONS
A.
Prior Approval Required. Lessee shall have the right, at the discretion of the Lessor, at
Lessee’s sole expense, to construct, improve, modify and make additions to the facilities leased to
Lessee. All improvements and alterations must be performed to the standard of construction
3

for Horry County public facilities. Prior to any construction, improvements, modifications or
additions to the Premises, Lessee must first obtain from Lessor’s Maintenance Department 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 performed to the standard of construction for Horry County public facilities,
and 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.
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 Maintenance
Department simultaneously with or prior to requesting the Department’s review of final proposed
construction plans and specifications. In addition to being made to the standard of construction for
Horry County public facilities, all improvements and alterations 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. All materials used in any improvements by Lessee shall be of
appropriate quality and grade for the use to which they are employed.
Upon the approval of such construction, plans and specifications, Lessee shall 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 shall further furnish Lessor with a good and sufficient Surety Bond (in a form and issued
by a Company acceptable to Lessor) insuring the completion of the work and the payment of all
bills in connection therewith.
B.
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 make, 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.
C.
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 and restore the
Premises to its original condition and to the satisfaction of Lessor.
D.
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

4

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.
E.
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 and fully keep, repair and maintain the Premises, all
improvements thereon, and the surrounding area in a safe, sanitary and neat order, and in good
repair, and shall be solely and exclusively responsible for keeping and maintaining all elements of
the Premises, whether structural or non-structural, including plumbing, HVAC, doors, and their
respective operating mechanisms, including the roof and load bearing members of any building
that may be constructed, in good repair, all of which shall be maintained in good condition,
reasonable wear and tear excepted. 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 interruption of its operations 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.
ARTICLE VII – UTILITIES
Lessee shall bear the cost of extending any utilities to the leased premises or any
improvements thereon, or modifying such services to address the specific requirements of Lessee.
Lessee shall be solely responsible for the payment of all utility charges, water and sewer services,
gas, electricity, telephone, trash removal, hazardous waste removal and other services used by
Lessee in or on the Premises, to include hook-up fees, advanced deposits or other such costs,
regardless of whether the utility charge is incurred in the name of Lessee or Lessor. Lessee shall
transfer all applicable utility meters to Lessee’s name. In the event Lessor incurs any utility charge
in the name of Lessee, Lessee shall reimburse Lessor for the full amount of the charge within five
(5) calendar days of the date of written notice to Lessee of the amount of the charge.

5

ARTICLE VIII – TAXES, FEES, ASSESSMENTS
All taxes or governmentally imposed fees or assessments in any way incurred upon the
Premises, any improvement 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
attorneys’ 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. Lessee may, only with prior written approval by Lessor, grant a security interest to a
lending institution as security for the payment of a loan taken out by Lessee to finance construction
of improvements on the leased premises. Any such interest shall be subject at all times to all the
covenants and conditions of this lease and to all the rights and remedies of Lessor, and with the
understanding that no such interest shall be construed to encumber in any fashion Lessor’s fee
interest in the land leased to Lessee.
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/on the Premises and vacate the Premises within ten (10) days of receipt of notice of Lessor’s
duration.
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

6

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
specifically acknowledges that Lessor reserves the right to approve or disapprove, at Lessor’s sole
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, 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 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 liability, directly
or indirectly, relating to or arising from the use, storage, release, detonation, discharge, handling
or presence of Hazardous Materials on, under, or about the leased Premises in violation of Lessee’s
obligations under this Agreement (“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 leased Premises, (d) damages for the loss or restriction on use of the leased
Premises, (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
7

Authorities or deemed necessary in Lessor’s reasonable judgment, (i) any fines associated with
Lessee’s activities, (j) any damages occurring to the Premises or any other properties affected by
the Hazardous Materials Release. 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 Materials 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.
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 this
Agreement. Said policy or policies shall also contain a contractual liability endorsement expressly
covering the indemnification provisions of this Agreement. Lessor shall be named 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/100 ($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 company selected by Lessee. Upon
written notification, Lessee will immediately obtain a replacement policy or policies with an
insurance company satisfactory to Lessor.
Lessee, unless otherwise exempt, shall purchase at its own cost, worker’s compensation
insurance on all of its employees. Lessee’s worker’s compensation insurance shall meet the
8

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.
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 lawful
authority or with the provisions of this Agreement; exhibit the Premises to prospective tenants,
purchasers or other persons; make repairs required 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 “Default” 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 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 of ten (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.

9

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 terms
of this agreement shall be construed to be a waiver of any subsequent default. The acceptance of
rental 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 property of the Lessor.
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 addressed to the other party as follows:
TO LESSOR AT:
Horry County
Attn: Office of the Administrator
1301 Second Avenue
Conway, SC 29526
With a copy to:
Horry County Attorney’s Office
1301 Second Avenue
Conway, SC 29526
TO LESSEE AT:
__________________________________
__________________________________
__________________________________

10

With a copy to:
__________________________________
__________________________________
__________________________________
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
with return receipt, or upon receipt or three days after deposit in the United States mail, certified
or registered 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 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 if the same is needed for County purposes. Upon
exercise of these recapture rights, Lessor shall relocate Lessee to a comparable facility or facilities,
if any such are available.
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, with 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. 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 Lessee at Lessee’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. However,
should Lessor opt for number 1, and Lessee elects not to effect repairs, or in the event such repairs
or reconstruction by Lessee are not effected with due diligence, Lessee shall immediately vacate
the Premises and this Lease Agreement will be declared terminated.

11

Lessee shall be responsible for damages and cost of repairs or reconstruction that result
from fire, casualty, or other occurrence caused in whole or in part by Lessee’s 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.
ARTICLE XXI - COMPLIANCE WITH LAWS AND REGULATIONS
Lessee, at Lessee’s sole cost and expense, shall observe and obey and shall require its
employees, guests, suppliers and business invitees to observe and obey all present and future
federal, state, county, local or County 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,
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 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 County. When requested, Lessee will provide Lessor with a written copy of the
contract and a current letter from the contractor acknowledging that the contract is in effect. Lessee
agrees to indemnify and hold Lessor harmless from any and all penalties, losses, liabilities and
costs, including attorneys’ fees, remediation costs, and laboratory and investigative costs arising
from Lessee’s failure to comply with this Section.

12

ARTICLE XXII – 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 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 XXIII - 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 XXIV – 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
intentions of the parties.
ARTICLE XXV - NON-DISCRIMINATION
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:
(1)

No person on the grounds of race, color, sex, religion, 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, sex, religion,
or national origin shall be excluded from participation in, denied the benefit of, or
otherwise be subjected to discrimination;

(3)

Lessee shall use the Premises in compliance with all other requirements imposed
by or pursuant to 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
13

and re-enter and repossess said Premises and hold the same as if said Agreement
had never been made or issued.
ARTICLE XXVI - 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 XXVII – WAIVER
Continued performance by either party pursuant to the terms of this Agreement after a
default in any of the terms, covenants, provisions and/or 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 XXVIII - 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 XXIX - SECURITY DEPOSIT
Lessee shall place on deposit with Lessor a security fee equal to one (1) year’s property
insurance premium for any improvements constructed on the property. 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 one (1) year’s property insurance premium.
ARTICLE XXX - EFFECTIVE DATE
This Agreement shall become effective on January 1, 2025. Lessor and Lessee specifically
covenant and agree that this Lease shall not become valid until, and is entirely contingent upon the
approval of, three readings of an ordinance by the Horry County Council.

14

IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day
and year ascribed herein.
WITNESSES:

HORRY COUNTY

By: Steven S. Gosnell
Its: Administrator

WITNESSES:

FOR LESSEE:

By:
Its:

15

STATE OF SOUTH CAROLINA
COUNTY OF HORRY

)
)
)

PROBATE

PERSONALLYAPPEARED BEFORE ME, __________________________________,
and made the oath that he or she saw the within named Steven S. Gosnell, 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.
SWORN TO BEFORE ME
this ______ day of _____________, 20___.

__________________________________________

_____________________________(L.S.)
Notary Public for South Carolina
My Commission Expires:______________

16

STATE OF SOUTH CAROLINA
COUNTY OF HORRY

)
)
)

PROBATE

PERSONALLYAPPEARED BEFORE ME, _________________________________,
and made the oath that he or she saw the within named, __________________, authorized
representative of ____________________, as Lessee, 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.
SWORN TO BEFORE ME
this ______ day of _____________, 20___.

__________________________________________

_____________________________(L.S.)
Notary Public for South Carolina
My Commission Expires:______________

17

COUNTY OF HORRY
STATE OF SOUTH CAROLINA

)
)
)

ORDINANCE NO.

AN ORDINANCE AMENDING ARTICLE IX, SECTION 919 OF THE ZONING ORDINANCE OF HORRY COUNTY,
SOUTH CAROLINA PERTAINING TO NON-COMMERCIAL PERSONAL USE BUILDINGS.
WHEREAS, County Council recognizes the need for structures on a single parcel of land; and
WHEREAS, there is a desire to reduce the acreage requirement for non-commercial personal use buildings
from 3 acres or greater to the minimum lot size of the zoning district where currently permitted; and
WHEREAS, it is the intent of County Council to periodically reconcile the standards of the zoning
ordinance.
NOW, THEREFORE, by the power and authority granted to the Horry County Council by the Constitution
of the State of South Carolina and the powers granted to the County by the General Assembly of the State,
the following hereby is ordained and enacted:
1. CODE AMENDMENT: Article IX, Section 919 of the Zoning Ordinance of Horry County Code of
Ordinances is hereby amended by as follows: (All text in strikethrough shall be deleted and all text shown
underlined and bolded shall be added)
SECTION 919- NON-COMMERCIAL PERSONAL USE BUILDINGS
Where permitted by district, provided that:
1. The building is located on parcels no less than three (3) acres in size
2 1. The building does not exceed four thousand five hundred (4,500) square feet in size.
3 The building maintains a twenty-five (25) foot setback from all property lines.
2. CODE AMENDMENT: Article II, Section 205, Table 2-1 of the Zoning Ordinance of Horry County Code of
Ordinances is hereby amended by as follows: (Both tables currently adopted shall be deleted and replaced
as shown below).

2. SEVERABILITY. If any Section, Subsection, or part of this Ordinance shall be deemed or found to
conflict with a provision of South Carolina law, or other pre-emptive legal principle, then that
Section, Subsection or part of this Ordinance shall be deemed ineffective, but the remaining parts
of this Ordinance shall remain in full force and effect.
3. CONFLICT WITH PRECEDING ORDINANCES. If a Section, Subsection or provision of this Ordinance shall
conflict with the provisions of a Section, Subsection or part of a preceding Ordinance of Horry County,
unless expressly so providing, then the preceding Section, Subsection or part shall be deemed repealed
and no longer in effect.
4. EFFECTIVE DATE. This Ordinance shall become effective on Third Reading.
AND IT IS SO ORDAINED, ENACTED AND ORDERED.
Dated this ______ day of _______________, 2024.
HORRY COUNTY COUNCIL
________________________________________
Johnny Gardner, Chairman
Jenna L. Dukes, District 1
Bill Howard, District 2
Dennis DiSabato, District 3
Gary Loftus, District 4
Tyler Servant, District 5
Cam Crawford, District 6
Attest:
__________________________________
Ashley C. Carroll, Clerk to Council
First Reading:
Second Reading:
Third Reading:

Tom Anderson, District 7
Michael Masciarelli, District 8
R. Mark Causey, District 9
Danny Hardee, District 10
Al Allen, District 11

County Council Decision Memorandum
Horry County, South Carolina
Date:
From:
Division:
Prepared By:
Cleared By:
Regarding:

October 2, 2024
Planning and Zoning
Infrastructure & Regulation
Grayson Strickland, Senior Planner
Charles Suggs, Planning Director
Non-Commercial Personal Use Buildings

ISSUE:
Should Council reduce the acreage requirement for non-commercial personal use buildings from 3 acres
or greater to the minimum lot size of the zoning district where currently permitted and adjust the
setbacks.
PROPOSED ACTION:
Approve the proposed amendment.
BACKGROUND:
The Limited Forest Agriculture (LFA), Forest Agriculture (FA), Agriculture District (AG1) and
Commercial Agriculture District (AG2) zoning districts currently allow non-commercial personal use
buildings provided that the parcel must contain at least three (3) acres. The building shall not exceed
four thousand five hundred (4,500) square feet and the building maintains a twenty-five (25) foot
setback from all property lines.
ANALYSIS:
Approval of the ordinance will allow non-commercial personal use buildings to be permitted in LFA,
FA, and AG2 on parcels meeting the minimum lot size of the zoning district, and adjust the setbacks
from 25’ perimeter to 60’ front, 10’ side, 15’ rear, and 15’ corner side. Setbacks and minimum lot size
for the AG1 zoning district remain unchanged.

Planning Commission Decision Memo – Non-Commercial Personal Use Buildings

MYR Named Best Small Airport in 2024 USA
Today 10Best Readers' Choice Awards
Myrtle Beach International Airport (MYR) staff are proud to announce that MYR has been
awarded the title of "Best Small Airport" in the 2024 USA Today 10Best Readers' Choice
Awards.
The 10Best Readers' Choice Awards recognize outstanding performers in various categories,
including airports, destinations, food and drink, hotels, and things to do. A panel of experts
chooses nominees in all categories. MYR was among 20 small airports nominated as best in the
U.S. by an expert panel. These airports excel with their commercial flight offerings, easy access,
and amenities.
This marks the third consecutive year that Myrtle Beach International Airport has been
nominated. In 2021, MYR was also awarded the title of "Best Small Airport."
"We are thrilled to receive this honor from the community," said Judi Olmstead, Director of
Airports. "This award reflects the hard work and dedication of our staff and the support of our
passengers. We are grateful to everyone who voted and those who continue to choose MYR for
their travel needs."
As the airport continues to grow and enhance its facilities, it remains focused on delivering topnotch customer service and fostering positive travel experiences. For more information about
MYR, please visit www.flymyrtlebeach.com.
-ENDAbout the Myrtle Beach International Airport (MYR)
The Myrtle Beach International Airport is the gateway to Myrtle Beach, SC, the Grand Strand and
the Hammock Coast. The Myrtle Beach International Airport is owned by Horry County and
operated by the Department of Airports. MYR is served by Allegiant, American, Avelo, Delta,
Frontier, Porter, Southwest, Spirit, Sun Country and United.
Learn more at: www.flymyrtlebeach.com

Horry County Department of Airports
Media Relations
(843) 353-1431
[email protected]

Horry County Department of Airports | 1100 Jetport Road | Myrtle Beach, SC 29577 US
Unsubscribe | Update Profile | Constant Contact Data Notice

HORRY COUNTY DEPARTMENT OF AIRPORTS
STATEMENT OF REVENUES AND EXPENSES (UNAUDITED)
FOR PERIOD ENDING AUGUST 31, 2024
Annual
Budget
OPERATING REVENUES:
Landing Fees
Airline Terminal Rents
Security Fees
Baggage Handling System Reimbursement
Terminal Concessions
Rental Car
Parking
Concessions
Ground Transportation
Terminal Rent - Other
Leases/MBIA
MBIA/Other
Airline Services
Federal Revenue-TSA LEO Reimbursement Program
FBO/General Aviation Fuel Services
FBO/Other
Loris/Misc Revenue
Leases/Conway
Leases/Grand Strand
Total Operating Revenues
OPERATING EXPENSES:
Salaries and Benefits
Utilities
Outside/Professional Services
Maintenance and Supplies
Equipment
Baggage Handling System
Insurance
Cost of Fuel Sales
Office Supplies
Business and Travel
Vehicle Expense
County Allocation
Bad Debt Expense
Total Operating Expenses
Operating Income before Depreciation and Airline Credits
Depreciation
Airline Credits/Fee Waivers/Recalculation
Operating Income

FY25
Actual
YTD

Budget

FY24
Actual
YTD

% Actual YTD
To Budget

5,538,953
11,576,213
682,924
1,283,500

1,135,553
1,952,118
104,905
173,323

20.5%
16.9%
15.4%
13.5%

5,026,772
10,447,632
609,312
1,283,500

955,734
1,597,665
79,041
216,441

19.0%
15.3%
13.0%
16.9%

7,000,178
8,000,000
2,830,000
819,000
261,747
1,252,200
336,540
907,000

25.1%
17.3%
27.1%
19.5%
18.0%
21.4%
5.9%
27.1%
0.0%
13.7%
17.3%
0.0%
16.8%
25.4%
18.1%

6,841,651
6,080,000
2,730,000
819,000
261,747
1,184,500
180,000
907,000
130,000
16,105,718
1,091,374

19,682
84,844
57,363,855

1,756,379
1,383,820
766,720
160,068
47,244
268,111
19,994
245,493
2,126,664
213,066
3,299
21,560
10,378,317

19,650
79,911
53,797,767

1,806,679
885,750
506,550
98,998
44,260
228,107
19,655
220,631
22,400
2,725,966
194,817
3,280
11,093
9,617,067

26.4%
14.6%
18.6%
12.1%
16.9%
19.3%
10.9%
24.3%
17.2%
16.9%
17.9%
0.0%
16.7%
13.9%
17.9%

18,782,844
2,301,760
3,280,463
3,841,416
434,524
1,283,500
693,274
11,233,784
53,400
638,203
288,000
450,000
43,281,168

2,847,453
437,317
451,213
655,681
93,716
180,681
110,082
1,481,690
5,815
91,659
38,746
75,000
6,469,053

15.2%
19.0%
13.8%
17.1%
21.6%
14.1%
15.9%
13.2%
10.9%
14.4%
13.5%
16.7%

16,649,866
2,342,300
2,151,292
3,220,729
454,124
1,283,500
642,388
11,315,401
54,365
600,273
254,500
400,000

1,939,634
417,518
221,111
440,393
66,072
187,646
95,956
1,835,137
9,666
76,180
35,530
66,667

11.6%
17.8%
10.3%
13.7%
14.5%
14.6%
14.9%
16.2%
17.8%
12.7%
14.0%
16.7%

14.9%

39,368,738

5,391,510

13.7%

14,082,687

3,909,264

14,429,029

4,225,556

14,000,000
(2,550,000)

2,544,000
(554,064)

18.2%
21.7%

14,000,000
(2,550,000)

2,544,000
(369,086)

18.2%
14.5%

(2,467,313)

811,200

-32.9%

(2,120,971)

1,312,470

-61.9%

4,500,000

26.9%
0.0%

1,200,000

81.0%

0.0%

(60,000)

0.0%
0.0%

5,150,000
8,400,000

0.0%
0.0%
16.7%
16.7%
24.4%
22.7%
4.3%

302,256
(1,553,260)
3,104,000
7,042,503
23,585,499

971,883
30,944
(9,283)
769,897
51,376
(258,833)
903,180
1,823,988
4,283,153

21,464,528

5,595,623

15,542,483
1,228,591

Non-Operating Revenues (Expenses):
Interest Income
Interest Income - Bond
Interest Income - Lease
Sale of Assets
Other Non-Operating Income (Expenses)
Federal Forfeiture
Prior Period Income(Expenses)
AIP Federal Revenue
State Revenue
Cares Act Revenue
CRRSA Revenue
ARPA Revenue
Insurance proceeds
Intergovernmental Revenues - City of MB
Intergovernmental Revenue/Redevelopment Authority
Interest Subsidy on the Recovery Zone Economic Bonds
Interest Expense
CFC'S
PFC'S
Total Non-Operating Revenues (Expenses)

302,256
(1,502,750)
3,220,000
7,821,502
83,281,008

1,212,291
33,325
100
50,376
(250,458)
785,672
1,775,225
3,606,532

NET INCOME

80,813,695

4,417,732

Z:\INCOME STATEMENTS\2025\August 24 Income

% Actual YTD
To Budget

(60,000)

66,100,000
2,900,000

15.5%

0.0%

17.0%
16.7%
29.1%
25.9%
18.2%

Horry County Department of Airports
Myrtle Beach International Airport
Myrtle Beach, South Carolina
Revenue and Non-Revenue
Passenger Enplanements
Year

Airline

June

July

November

December

0
191
0
10,103
0
0
18,284
0
18,175

0
202
0
10,851
0
0
24,309
0
17,057

0
244
0
7,905
46
154
24,024
145
12,446

0
0
99
399
0
0
430
0
1,216

2,427
0
380
684
86
0
965
131
5,707

18,620
51
824
1,894
1,148
0
14,731
970
8,756

18,298
42
160
3,757
2,491
0
41,220
1,018
15,268

11,065
134
0
7,198
2,297
0
38,283
1,181
19,121

2,801
140
0
7,525
498
0
26,407
915
17,033

2,380
598
0
6,969
873
0
29,094
1,103
19,565

144
313
0
6,341
667
0
22,227
0
14,368

0
924
0
6,049
39
0
12,719
0
12,724

55,735
2,839
1,463
69,675
8,145
154
252,693
5,463
161,436

46,753
46,753

52,419
99,172

44,964
144,136

2,144
146,280

10,380
156,660

46,994
203,654

82,254
285,908

79,279
365,187

55,319
420,506

60,582
481,088

44,060
525,148

32,455
557,603

557,603

0
149
0
3,988
52
0
0
10,659
0
10,941

0
213
0
3,521
0
0
0
14,773
0
10,651

0
185
429
7,253
311
0
0
39,099
0
19,079

988
224
3,809
9,433
2,594
0
0
59,931
1,328
28,380

7,369
258
8,985
14,787
5,288
0
3,799
87,938
1,402
32,499

28,762
249
11,036
18,486
7,661
0
26,141
90,367
2,030
36,685

35,960
241
14,492
22,443
12,375
0
33,852
112,270
2,456
39,135

23,761
216
15,256
19,605
12,630
0
34,412
83,825
2,353
34,714

5,680
660
8,194
15,426
4,658
0
24,658
69,162
978
28,729

4,740
571
7,348
14,803
2,493
0
23,665
67,945
928
29,118

3,510
737
2,691
13,030
300
0
18,070
45,854
0
19,931

0
786
2,611
10,364
0
0
16,320
32,339
0
18,110

110,770
4,489
74,851
153,139
48,362
0
180,917
714,162
11,475
307,972

25,789
25,789

29,158
54,947

66,356
121,303

106,687
227,990

162,325
390,315

221,417
611,732

273,224
226,772
158,145
151,611
104,123
80,530 1,606,137
884,956 1,111,728 1,269,873 1,421,484 1,525,607 1,606,137

0
0
245
2,052
10,811
0
0
9,894
21,470
0
11,541

0
0
116
2,405
12,053
0
0
11,813
26,084
0
11,244

0
0
312
3,722
19,363
338
238
23,409
40,113
0
23,670

3,770
0
241
8,011
22,339
567
481
25,577
51,593
1,111
25,333

7,305
1,928
265
10,631
23,077
3,801
377
26,618
77,802
1,822
27,442

26,853
2,509
228
7,792
25,171
4,308
0
28,583
81,406
3,338
32,586

35,430
3,061
162
8,629
26,280
4,205
0
32,966
90,008
2,719
35,134

56,013
56,013

63,715
119,728

111,165
230,893

139,023
369,916

181,068
550,984

212,774
763,758

1,566
1,112
335
2,134
17,142
0
0
12,137
15,329
0
15,537

2,590
989
285
1,754
16,405
0
0
13,016
23,950
0
16,689

5,285
1,958
274
2,401
21,363
41
0
21,004
34,232
134
22,557

7,353
1,924
164
6,439
22,319
1,240
0
25,161
56,010
1,248
24,825

10,671
1,161
289
6,817
24,591
3,715
0
26,792
64,265
1,375
26,252

29,689
2,107
402
7,969
26,433
3,871
0
29,429
52,607
1,430
34,961

36,139
5,100
279
9,630
29,597
4,226
0
39,650
58,162
1,215
39,017

65,292
65,292

75,678
140,970

109,249
250,219

146,683
396,902

165,928
562,830

188,898
751,728

223,015
203,918
155,715
148,836
109,518
92,249 1,684,979
974,743 1,178,661 1,334,376 1,483,212 1,592,730 1,684,979

2,796
1,464
0
240
1,759
15,819
0
12,693
21,336
0
16,129

3,413
1,590
633
293
1,733
15,735
0
13,414
26,197
0
19,439

5,210
2,512
914
505
2,376
19,970
304
24,119
45,149
164
25,837

8,777
2,519
867
158
4,701
23,174
4,669
24,440
65,155
1,395
29,196

13,008
3,322
2,493
645
5,442
26,359
6,874
25,747
82,019
1,337
32,595

31,194
3,955
4,694
417
9,196
27,920
8,505
38,895
80,012
1,893
36,941

33,934
5,067
8,251
145
10,545
24,984
9,747
42,808
76,144
1,253
37,485

Monthly Totals
Cumulative Totals

72,236
72,236

82,447
154,683

127,060
281,743

165,051
446,794

199,841
646,635

243,622
890,257

% Change vs. Prior Year
Monthly Total
Cumulative Totals

10.64%
10.64%

8.94%
9.73%

16.30%
12.60%

12.52%
12.57%

20.44%
14.89%

28.97%
18.43%

2020 Allegiant
Charters
United
Delta
Frontier
Porter
Spirit
Sun Country
American
Monthly Totals
Cumulative Totals
2021 Allegiant
Charters
United
Delta
Frontier
Porter
Southwest
Spirit
Sun Country
American
Monthly Totals
Cumulative Totals
2022 Allegiant
Avelo
Charters
United
Delta
Frontier
Porter
Southwest
Spirit
Sun Country
American
Monthly Totals
Cumulative Totals
2023 Allegiant
Avelo
Charters
United
Delta
Frontier
Porter
Southwest
Spirit
Sun Country
American
Monthly Totals
Cumulative Totals
2024 Allegiant
Avelo
Breeze
Charters
United
Delta
Frontier
Southwest
Spirit
Sun Country
American

January

February

March

April

May

August

22,782
3,143
353
10,553
25,028
3,085
0
31,195
98,754
2,809
31,147

September

6,512
1,912
701
6,429
21,432
561
0
24,071
75,632
1,659
26,734

October

5,458
1,442
675
3,892
21,582
0
0
23,850
67,169
1,357
28,367

4,624
1,113
534
2,629
20,385
0
0
18,070
34,128
0
20,517

4,053
1,450
1,102
2,320
19,076
0
0
13,322
20,471
0
19,512

Total

116,787
16,558
4,934
69,065
246,597
16,865
1,096
269,368
684,630
14,815
293,227

238,594
228,849
165,643
153,792
102,000
81,306 1,733,942
1,002,352 1,231,201 1,396,844 1,550,636 1,652,636 1,733,942
21,158
5,106
269
10,737
25,886
3,971
0
35,344
64,860
1,557
35,030

23,775
5,381
8,467
669
9,376
26,378
6,388
31,072
73,512
1,320
33,302

9,680
3,897
708
6,039
23,306
1,833
0
26,990
52,239
1,195
29,828

9,168
3,747
458
4,593
24,295
1,395
0
27,106
47,979
1,279
28,816

5,620
2,260
1,022
2,050
21,079
603
0
19,483
36,416
0
20,985

5,051
2,163
809
2,022
20,094
0
0
17,518
28,414
0
16,178

143,970
31,524
5,294
62,585
272,510
20,895
0
293,630
534,463
9,433
310,675

122,107
25,810
26,319
3,072
45,128
180,339
36,487
213,188
469,524
7,362
230,924

250,363
219,640
0
0
0
0 1,360,260
1,140,620 1,360,260 1,360,260 1,360,260 1,360,260 1,360,260

12.26%
17.02%

7.71%
15.41%

RIDE II ONE CENT CAPITAL SALES TAX PROJECTS
REVISED BUDGET VALIDATED
SEPTEMBER 2020

BUDGET

1

PAVE 20 MILES OF DIRT
ROADS - (GROUP I)

2

RESURFACE 12 MILES OF
COUNTY ROADS ( PHASE I)

3

BACKGATE

$11,410,185.77
COMPLETE

$19,600,000
$945,000.00

$945,000.00
COMPLETE

$49,500,000
$15M Federal reim.

4

SC 707 WIDENING/I&II

$132,250,000

5

PAVE 18.72 MILES OF DIRT
ROADS - (GROUP II)

$25,750,000

RESURFACE 12 MILES OF
COUNTY ROADS (PHASE II)

$990,000

6

ACTUAL EXPENDITURES
AS OF 10/1/2024

$90,934,298

$107,534,278.29
COMPLETE
Phase I - 1
parcels in
$90,261,990.63 condemnation
Phase II - 1
parcel in
99% COMPLETE condemnation
$10,685,826.23
COMPLETE

$1,095,578.00
COMPLETE
*Additional funds transferred
from Group I paving savings

7

AYNOR OVERPASS

$46,000,000

$16,065,992
COMPLETE

8

RESURFACE 12 MILES OF
COUNTY ROADS (PHASE
III)

$1,035,000

$1,143,826.44
COMPLETE
*Additional funds transferred
from Group I paving savings

9

GLENNS BAY ROAD

$76,000,000

$71,084,336.21
COMPLETE

10

RESURFACE 12 MILES OF
COUNTY ROADS (PHASE
IV)

Priority Order

$1,080,000

$1,211,331.84

1

10/1/2024

RIDE II ONE CENT CAPITAL SALES TAX PROJECTS
REVISED BUDGET VALIDATED
SEPTEMBER 2020

BUDGET

ACTUAL EXPENDITURES
AS OF 10/1/2024

COMPLETE
$1,080,000 budget increased
by $269,358 from Phase III
resurfacing balance

11

PAVE 25 MILES OF DIRT
ROADS (GROUP III)

$27,750,000

$14,288,164.92
COMPLETE

12

RESURFACE 12 MILES OF
COUNTY ROADS (PHASE V)

$1,125,000

$1,667,610.96
COMPLETE

13

INTERNATIONAL DRIVE

$6,500,000

$26,746,681.78
COMPLETE

14

RESURFACE 7 MILES OF
COUNTY ROADS (PHASE
VI)

$682,500

$1,022,089.93
COMPLETE

15

PAVE 30 MILES OF
COUNTY DIRT ROADS
(GROUP IV)

$36,100,000

$21,360,372.68
COMPLETE

TOTAL PROJECTED
REVENUE

$425,307,500

TOTAL COLLECTIONS
THROUGH 06/30/17

$448,744,545

GRANT FOR BACKGATE

$15,000,000
$463,744,545

TOTAL COST VALIDATION OR
COMPLETE
Revenue/ Expenditure
Difference
Ordinance 75-15 - $16M
transfer for radio system

$377,195,574
$86,548,971

Difference

$16,000,000
$70,548,971

R-10-18 - Transfer to
purchase Riverstone
Property for Wetland
Mitigation

$12,900,000

Priority Order

2

10/1/2024

RIDE II ONE CENT CAPITAL SALES TAX PROJECTS
REVISED BUDGET VALIDATED
SEPTEMBER 2020

BUDGET
Resolution 106-19: Transfer
to purchase right-of-way for
Augusta Plantatioin
interchange

Priority Order

ACTUAL EXPENDITURES
AS OF 10/1/2024

$57,648,971

$1,500,000
$56,148,971

3

10/1/2024

RIDE III ONE CENT CAPITAL SALES TAX PROJECTS
Project Name

Budget

Expenditures

Status as of 10/1/2024

1

2

3

US Hwy 501 Corridor Improvement
Hwy 31 to SC 544

$ 50,000,000.00

$ 27,893,569.73

Extension of collector roads (Postal Way and Middle Ridge Avenue) (HCG): Postal Way
Extension has been completed. Middle Ridge Avenue is completed and under
warranty. US 501 Mainline Phase I -- Completed (GSAT). US 501 Mainline Phase II -Construction contract awarded to Palmetto Corp. of Conway (SCDOT). Carolina Forest
Blvd Shared Use Path has been completed (HCG).

Pave 25 Miles County Dirt Roads
(Group 1)

$ 15,000,000.00

$ 20,661,620.55

Completed (HCG). 18 roads (24.56 miles) have been paved.

Carolina Forest Boulevard Widening

$ 54,700,000.00

$ 37,506,104.81

Completed (HCG).

$

7,500,000.00

$

3,974,891.14

Completed (HCG).

$ 21,700,000.00

$

9,013,811.00

Construction contract awarded to King Asphalt. (SCDOT).

4,529,712.70

Letters sent out to municipalities (HCG). City of Conway, City of Myrtle Beach, City of
North Myrtle Beach, Town of Briarcliffe Acres, and Town of Surfside Beach have
commenced resurfacing work. Town of Atlantic Beach and City of Loris roads have
been added to the resurfacing contract in Project #12. 29.93 miles have been
resurfaced.

4 Palmetto Pointe Boulevard Extension
to SC Hwy 544
5

SC Hwy 9 East Widening Loris

6
Resurface 33.13 miles of City Roads

7

$

5,000,000.00

$

US Hwy 701 N. Widening North
Conway

$ 65,100,000.00

$ 15,399,257.50

Contracted to Stantec for design -- Preliminary Engineering and Right-Of-Way
Acquisition (SCDOT). Clearing and grubbing contract has been awarded to Seed
Slingers.

8

Fred Nash Boulevard connection to
Harrelson Boulevard

$ 19,300,000.00

$ 23,696,694.60

Construction contract awarded to Palmetto Corp of Conway (SCDOT).

9

US Hwy 17 Business Intersection
Improvements-Garden City

$ 19,800,000.00

$ 16,728,179.30

Contracted to Neel-Schaffer, Inc. for design -- Preliminary Engineering and Right-OfWay Acquisition (SCDOT).

Forestbrook Road Widening

$ 89,100,000.00

$ 19,112,349.19

Contracted to Civil Engineering Consulting Services, Inc. for design -- Preliminary
Engineering and Right-Of-Way Acquisition (SCDOT).

Pave 25 Miles County Dirt Roads
(Group 2)

$ 15,000,000.00

$ 26,926,452.25

Contracted to Mead & Hunt for design (HCG). Survey, Utility coordination, and design
is underway. 19 roads are under construction contract. 17 roads (21.89 miles) have
been paved.

Resurface 33 miles of county roads

$

5,000,000.00

$

4,681,413.23

Completed (HCG).

$ 13,900,000.00

$

3,263,712.44

Construction contract awarded to Palmetto Corp. of Conway (SCDOT).

$

$ 11,484,008.08

Construction contract awarded to Palmetto Corp of Conway (SCDOT).

10

11

12

13

14

US Hwy 501 realignment from
Broadway St to 7th Ave N.
US Hwy 701 Widening North to Loris

7,500,000.00

Conway Perimeter Road Phase II

$ 18,400,000.00

$

8,076,033.94

Contracted to Mead & Hunt for design -- Preliminary Engineering and Right-Of-Way
Acquisition (SCDOT).

Pave 25 Miles County Dirt Roads
(Group 3)

$ 15,000,000.00

$

704,867.67

Contracted to Mead & Hunt for design. Survey, utility coordination, and design is
underway. (HCG)

Resurface 33.87 miles of county roads

$

5,000,000.00

$

7,310,377.07

Construction contract awarded to Palmetto Corp of Conway; 24.03 miles have been
resurfaced (HCG).

18

Southern Evacuation Lifeline (SELL)
Environmental Studies & ROW

$ 25,000,000.00

$

3,893,084.67

Contracted to Civil Engineering Consulting Services, Inc. for EIS (SCDOT).

19

SC Hwy 31 (Carolina Bays Parkway)
Extension to SC/NC Line

$ 125,000,000.00

$

4,635,573.09

Project Development Studies and Design Services (SCDOT).

20

Pave 25 Miles County Dirt Roads
(Group 4)

$ 15,000,000.00

$

TOTAL PROJECTED REVENUE

$ 592,000,000.00

$ 249,491,712.97

15

16

17

RIDE 3 Monthly Status

-

To be scheduled (HCG)

1

10/1/2024

RIDE 3 Expenditures
$140,000,000.00
$120,000,000.00
$100,000,000.00
$80,000,000.00
$60,000,000.00
$40,000,000.00
$20,000,000.00
$-

Budget

Expenditures

\

RIDE III
GROUP II Dirt Road Paving
Horry County Local Option Sales Tax Program
Status Update (09/30/2024)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

County
Project #

Road Name

County
District

Length
(mi)

Survey

Design

Right of
Way

Construction

S102034
S102015
S102765
S102594
S102719
S102612
S102921
S102431
S102824
S102646
S102536
S102873
S102815
S102464
S102530
S102084
S102980
S102425
S102352

Flossie Road
Kinlaw Lane
Long Acres Drive
Dayton Drive
Wayside Drive
Hagan Road
McNabb Road
Fairlane Road
Neil Branch Road
Grainger Circle
Ware Drive
Memory Lane
Gateway Drive
Tyler Road
Bellaire Drive
Jordan Lake Road
Baywater Drive
Sycamore Circle
Vick Road

7
7
9
9
9
9
10
10
10
10
10
10
10
11
11
11
11
11
11

1.05
1.02
1.10
0.77
1.29
0.77
1.53
1.97
1.46
1.77
1.59
1.01
0.77
1.74
1.71
1.33
1.24
1.50
0.84

Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete

Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete

Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete

Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Paving Complete
Under Construction
Under Construction
Paving Complete
Paving Complete

RIDE III
GROUP III Dirt Road Paving
Horry County Local Option Sales Tax Program
Status Update (09/30/2024)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

County
Project #

Road Name

County
District

Length
(mi)

S105563
S102613
S102515
S102514
S102499
S102710
S102876
S102726
S102892
S102891
S102448
S102354
S102135
S104115
S102935
S102800
S102865
S102281
S104739
S102262
S102030

Olin Road
Hufford Road
Bedford Road
Maplewild Road
Tranquil Road
Birchfield Drive
Macedonia Drive
Sweet Home Drive
Booth Road
Bonnie Bay Road
Watts Road
Minnick Road
Turner Road
Rosedale Drive
New Dawn Lane
Harrelson Road
Dukes Road
Norris Road
New Road
Firehouse Road
Reba Road

9
9
10
11
11
9
10
9
10
10
10
11
11
11
10
10
10
11
7
11
7

0.93
1.01
1.33
1.64
1.69
0.8
1.00
1.01
1.21
1.58
0.89
0.96
1.53
1.04
1.48
1.55
1.45
1.44
0.96
0.85
1.76

Right of
Way

Survey

Design

Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete

Underway
Underway
Underway
Underway
Underway
Underway
Underway
Underway

Underway
Underway
Underway
Underway
Underway
Underway
Underway

Complete

Underway

Underway

Complete
Complete

Underway
Underway

Underway

Complete
Complete

Underway

Underway

Construction

STORMWATER REPORT AUGUST 2024
SERVICE REQUESTS
2023
2024

WORK ORDERS
2023
2024

BEAVER COMPLAINTS
2023
2024

MOSQUITO COMPLAINTS
2023
2024

GROUND SPRAYING MILES
2023
2024

INIT

COMP

INIT

COMP

INIT

COMP

INIT

COMP

INIT

COMP

INIT

COMP

INIT

COMP

INIT

COMP

Total Miles

Total Miles

DISTRICT 1
DISTRICT 2
DISTRICT 3
DISTRICT 4
DISTRICT 5
DISTRICT 6
DISTRICT 7
DISTRICT 8
DISTRICT 9
DISTRICT 10
DISTRICT 11

14
3
16
11
18
19
8
25
45
22
25

13
1
15
10
18
18
7
22
43
21
24

24
6
19
28
39
25
7
21
50
38
18

24
4
15
26
36
22
7
21
42
32
17

12
1
4
10
8
8
8
13
32
9
12

0
0
0
0
2
0
0
0
0
1
1

4
2
3
4
3
3
4
12
13
6
2

0
0
0
1
1
0
0
0
0
0
0

0
0
0
0
1
1
0
1
0
2
3

0
0
0
0
1
0
0
0
0
1
0

0
1
0
1
0
0
0
1
2
1
1

0
0
0
1
0
0
0
1
2
0
0

11
1
3
6
18
16
7
7
16
14
25

11
1
3
6
18
16
7
7
16
13
25

120
5
32
14
50
35
63
33
195
255
323

105
25
28
13
38
29
3
26
176
22
3176

377
0
77
161
701
770
184
481
325
534
586

602
310
599
663
517
251
281
685
570
383
158

TOTAL

206

192

275

246

117

4

56

2

8

2

7

4

124

123

1125 3641

4196

5019

FIELDCREW COMPLETED WORK ORDERS
2023
2024
DITCH CLEANING/MAINT
4
5
HAND CREW
71
68
STORM DRAIN CLEANING
4
25
CLOSED CHANNEL MAINT
3
4

MONITORING STATION
COOL SPRINGS, AYNOR
THE FARM @ FOX BAY, LORIS
OCEANSIDE VILLAGE, SURFSIDE BEACH
THE LAKES @ PLANTATION PINES, LONGS
HORRY COUNTY COURTHOUSE, CONWAY

STORMWATER PERMITS & INSPECTIONS
2023
2024
Permits Issued
11
18
Inspections Performed
249
273
Plans Reviewed
350
370
Post BMP Inspections
28
40

RAINFALL TOTAL IN INCHES
2023

2024

MONTHLY

YEAR-TO-DATE

MONTHLY

20.80
15.36
36.83
11.30
10.38

52.58
42.66
65.46
44.73
36.45

11.43
11.59
7.25
15.79
6.75

YEAR-TO-DATE

31.76
36.15
28.91
44.47
25.88

EASEMENTS

Total Ditches Cleaned
Total Ditches cleaned by hand
Total Ditches Mowed
Installed or Replaced Storm Drain
Repaired Sinkholes

SENT RECEIVED
202
39

2023
6 Miles
14 Miles
17 Miles
150 Feet
4 Projects

2024
3 Miles
6 Miles
23 Miles
200 Feet
5 Projects

STORMWATER REPORT AUGUST 2024 - GRAPHS
COMPLETED WORK ORDERS

COMPLETED SERVICE REQUESTS
50

2

40

1.5

30

1

20
10

0.5

0

0

2023

COMP

2023

2024

COMP

COMP

COMPLETED BEAVER COMPLAINTS
2

2024

COMP

COMPLETED MOSQUITO COMPLAINTS
3500
3000
2500
2000
1500
1000
500
0

1.5
1
0.5
0

2023

COMP

2024

COMP

2023

COMP

2024

COMP

Total Road Miles by Surface Type
1600.00
1400.00

MILES

1000.00
800.00

Road Mileage Unpaved

600.00

Road Mileage Paved

400.00
200.00
0.00
2020

20

DEC

NOV

OCT

800.00
600.00
400.00
200.00

DEC

DEC

NOV

OCT

SEPT

AUG

JULY

JUNE

DEC
DEC

NOV

OCT

SEPT

AUG

JULY

2025

2024

2023

2023

2024

DEC

2022

NOV

2021

OCT

0
SEPT

0

50

AUG

2024

20

100

JULY

40

150

JUNE

2023

60

200

MAY

80

2024

Road Name Signs

APR

2022

100

2023

10

2022
2021

120

MAY

2022

20

MAR

140

APR

2021

Unpaved Road Improvements

30

FEB

160

MAR

0

JAN

Regulatory & Warning Signs

FEB

1

0

# OF SIGNS REPAIRED / REPLACED

2024

NOV

2023

OCT

JULY

2022

SEPT

JUNE

AUG

MAY

APR

MAR

FEB

JAN

0.00

MILES OF ROAD IMPROVED WITH
BASE MATERIAL

1000.00

Status Updates:

2

JUNE

DEC

NOV

OCT

SEPT

AUG

JULY

MAY

Unpaved Road Maintenance

180

3

2024

1200.00

JAN

# OF SIGNS REPLACED / REPAIRED

JUNE

APR

MAR

FEB

JAN

0

2021

2024

4

MAY

25

2023

2023

APR

50

2022

2022

5

JAN

75

NUMBER OF DAYS TO REPAIR
POTHOLES

100

2021

2021

Average Days to Repair Potholes

125

MILEAGE MAINTAINED BY MOTOR
GRADER

NUMBER OF POTHOLES REPAIRED

Potholes Repaired
150

MAR

SEPT

AUG

JULY

JUNE

MAY

APR

FEB

MAR

0.00

NOV

0

OCT

2024

100.00

40

SEPT

200.00

60

AUG

2023

80

JULY

300.00

Paved Street Cleaning
100

JUNE

2022

400.00

2024

MAY

500.00

2023

APR

2021

600.00

2022

MAR

700.00

2021

FEB

2019

JAN

2018

FEB

2017

MILEAGE CLEANED BY SWEEPER
TRUCK

2016

Right-of-Way Mowing

800.00

JAN

R/W CENTERLINE MILEAGE MOWED

2015

Department of Public Works - Leading Indicators - August 2024

1200.00

195.00

155.27

180.00
165.00

118.58

150.00

DISTRICT 1
DISTRICT 2
DISTRICT 3

88.94

86.83

73.88

49.46

69.53

DISTRICT 4
DISTRICT 5
DISTRICT 6
DISTRICT 7

15.65

120.00
105.00
90.00
75.00
60.00
45.00
30.00
15.00
0.00

60.12

Mileage

135.00

184.76

192.93

Existing Paved Roads By Council District

DISTRICT 8
DISTRICT 9

DISTRICT 10
DISTRICT 11

Total Paved Miles 1095.95

Existing Unpaved Roads By Council District
195.00

192.49

180.00
173.32

165.00

DISTRICT 1

150.00

DISTRICT 2
DISTRICT 3

120.00
105.00

DISTRICT 4

90.00

DISTRICT 5

75.00

DISTRICT 6

60.00

60.13

45.00
30.00
15.00
0.00

1.91

Mileage

135.00

DISTRICT 8

33.26
0.13 0.00

DISTRICT 7

DISTRICT 9

0.76 0.25

0.27

0.47

DISTRICT 10
DISTRICT 11

Total Unpaved Miles 462.99

9/9/2024

Years 1 - 25 Road Plan
150

160

140

DISTRICT 1

109

120

DISTRICT 2

QTY OF ROADS

DISTRICT 3
DISTRICT 4

86

100

DISTRICT 5
DISTRICT 6

80

DISTRICT 7

50

60

40

33

39

33

27

DISTRICT 8
DISTRICT 9

34

27

DISTRICT 10

19

DISTRICT 11

20

0

Road Plan By District Total Roads 607

Years 1 - 25 of Road Plan
85.36
90
71.24

80

DISTRICT 1
70

DISTRICT 2
DISTRICT 3

60

Mileage

DISTRICT 4
50

40.89

DISTRICT 5
DISTRICT 6

40

DISTRICT 7
22.75 11.85

30
20

12.37

DISTRICT 9

13.92

12.12
6.46

7.67

DISTRICT 8

DISTRICT 10

7.47

DISTRICT 11

10
0

Road Plan By DistrictTotal Miles

292.10

9/9/2024

Years 1 - 25 Road Plan
119
120

100

88

DISTRICT 1

QTY OF ROADS PAVED

DISTRICT 2
DISTRICT 3

72

80

DISTRICT 4
DISTRICT 5
DISTRICT 6

60

DISTRICT 7

43
37
40

27

25

DISTRICT 8

33

27

26

DISTRICT 9

19

DISTRICT 10
DISTRICT 11

20

0

Road Plan By District Total Roads Paved

516

Years 1-25 of Road Plan
80.00

71.38

70.00
59.04

DISTRICT 1
DISTRICT 2

60.00

DISTRICT 3
DISTRICT 4

Mileage

50.00

DISTRICT 5
36.36

40.00

DISTRICT 6
DISTRICT 7
DISTRICT 8

30.00
19.01
20.00

11.58

11.77

13.76
10.98
6.46

7.57

DISTRICT 9
DISTRICT 10
DISTRICT 11

7.47

10.00

0.00

Road Plan By District Total Miles Paved

255.38

9/9/2024

Horry County Litter Control
Monthly Report – August 2024

August 2024 Statistics
• Bags of Litter

• 976 Bags of Trash
• 134 Bags of Recycling

• Dump Sites 223 Bags of Trash
• 12 Recyclable Trash
• 1 Appliance
• 4 Couches
• 1 Mattress
• 2 Shopping Carts
• 2 Televisions
• 5 Tires

• 8 Dead Animals

Litter Program
Funding

Total Bags of Litter Removed During Roadway Pickup
Road

Trash

Recyclables

Road (4TH Litter Crew)

Trash

Recyclables

East Cox Ferry Rd.

9

2

Dick Pond Rd.

2

1

HWY 17

12

2

Hwy 410

6

1

HWY 17 Bypass

78

13

Hwy 50

14

3

HWY 22

114

18

Nichols Hwy.

4

1

HWY 31

194

30

Old Reaves Ferry Rd.

11

2

HWY 378

18

3

Singleton Ridge Rd.

11

2

HWY 501

104

15

WM Nobles Rd.

7

2

HWY 544

30

6

HWY 701

36

8

HWY 9

35

9

HWY 90

78

8

International Dr.

19

3

Ramp

26

5

Service Request

223

12

Service Requests

Trash

Recyclables

Asbury Rd.

1

0

Blackmon Dr.

7

0

Boxwood Dr.

0

0

Buena Vista Dr.

10

0

Carolina Forest Blvd.

0

0

Carolina Forest Blvd.

0

0

Cates Bay Hwy.

1

Cates Bay Hwy.

Bulk Items

Service Requests

Bulk Items

Trash

Recyclables

Jones Rd.

30

0

Middle Ridge Ave.

0

0

Morgan Ave.

4

0

Oakmont Ln.

5

0

1 dead animal

Old Chesterfeld Rd.

6

0

2 tires, 1 dead animal

Old Mt. Pisgah Rd.

7

0

0

Ole Marion Cir.

0

0

23

6

Pine Needle Rd.

7

2

Cedar Branch Rd.

8

0

Pitts Landing Rd.

2

0

Durham Ln.

2

0

Privetts Rd.

6

2

Freewoods Rd.

0

0

1 dead animal

Quail Run

0

0

Gerald Farm Rd.

0

0

1 appliance

Quiet Ave.

4

0

Greenleaf Dr.

0

0

1 dead animal

Red Bluff Rd.

0

0

1 tire

Gurley Rd.

4

0

River Oaks Dr.

20

0

2 tires, 1 couch

Hewitt Rd.

31

0

Robert Grissom Pkwy.

2

0

1 couch

Hwy 22

4

0

Rosewood Dr

4

0

Hwy 554

0

0

Sapwood Rd.

0

0

Hwy 814

10

2

Seabreeze Dr.

5

0

International Dr.

6

0

Watts Rd.

0

0

1 mattress

Johnson Shortcut Rd.

0

0

Woodwinds Dr.

0

0

1 couch, 1 tv

Jones Ln.

14

0

1 dead animal

1 tv

1 dead animal

2 shopping carts

1 dead animal

1 couch

1 dead animal

Horry County Parks & Recreation
Monthly Report September 2024

Programs:

957 Participants
Afterschool, Canasta, Scrapbooking, Classes (Fitness, Yoga, etc.)

Athletics:

822 Participants
Soccer, Football, Volleyball, Flag Football, and Cheerleading

Special Events:
Recreation Center Attendance:
Rentals:

Fishing Rodeo & Aynor Hoedown
2,495 Participants
$ 20,657.50

Economic Impact/Sports Tourism $ 91,875

Projects Updates:

James R Frazier Playground

In Construction

South Strand Outdoor Pickleball Courts

Design

Carolina Forest

Design

Michael Morris Graham Playground

Design

Huger Park

Design

Socastee Yacht Basin Playground

Design

North Strand Rec Center Playground

Design

Upcoming Events
Loris Bog Off “Chicken Run” 5K in partnership with LCC October 19th
Ghost of the Coast Run 5K October 26th

Horry County Code Enforcement
Thru

8/1/2023
8/31/2023

Compared To

Thru

8/1/2024
8/31/2024

Percent Change

Residential- Use Codes 101,102,103
Residential Additions- Use Code 434
Residential Remodeling- Use Code 435
Non-Residential Remodeling- Use Code 436
Non-Residential Additions- Use Code 437
Garage & Carport- Use Code 438
Mobile Home Permi ts- Use Code 106
Commercial- Use Codes 104, 105,213-232,318-328
Demolition Permits Use Codes 645,649
Other Permits
Vendor Permits Use Codes 110
Zoning Compliance Use Code 113
Total Permits
Construction Value

372
49
616
183
12
28
56
29
12
184
1
7
1549
108,418,018

395
51
458
189
8
40
54
19
11
142
5
14
1386
132,378,330

6.18%
4.08%
-25.65%
3.28%
-33.33%
42.86%
-3.57%
-34.48%
-8.33%
-22.83%
0.00%
100.00%
-10.52%
22.10%

Residential Revenue
Residential Additions Revenue
Residential Remodeling Revenue
Non-Residential Remodeling Revenue
Non-Residential Addition Revenue
Garage & Carport Revenue
Mobile Home Revenue
Commercial Revenue
Demolition Revenue
Other Revenue
Zoning Compliance Revenue
Vendor Revenue
Misc. (Copies, etc.)
Fire Inspection Revenue

581,888.33
8,596.50
57,632.18
49,317.38
4,097.15
12,170.80
10,643.60
14,384.25
600.00
124,123.59
175.00
2,400.00
914.50
1,600.00

774,129.28
16,723.59
48,891.86
50,463.73
6,274.90
28,104.23
9,819.70
17,653.50
575.00
137,202.72
375.00
3,358.00
467.00
2,250.00

33.04%
94.54%
-15.17%
2.32%
53.15%
130.92%
-7.74%
22.73%
-4.17%
10.54%
114.29%
0.00%
-48.93%
0.00%

Total Revenue Collected

868,543.28

1,096,288.51

26.22%

MIGCF Revenue Collected
Vendor Revenue Collected
Developer Fee Collected
Planning Department Payments
Impact Fee Payments

36,750.49
0.00
6,780.00
13,910.00
562,659.01

52,479.36
800.00
1,540.00
21,095.00
611,304.10

42.80%
0.00%
-77.29%
51.65%

12,738
322

11,628
313

-8.71%
-2.80%

Inspections
Fire Inspections

Horry County Code Enforcement
MonthlyPermits Issued

700

600

500

400

08/2023
08/2024

300

200

100

0

Residential- Use Codes 101,102,103

Residential Additions- Use Code 434

Residential Remodeling- Use Code 435

Commercial- Use Codes 104, 105,213232,318-328

Horry County Code Enforcement
Monthly Revenue Collected

$900,000

$800,000

$700,000

$600,000

$500,000

08/2023

$400,000

08/2024
$300,000

$200,000

$100,000

$0

Residential Revenue 101,102,103

Residential Additions Revenue 434

Residential Remodeling Revenue 435

Commercial Revenue 104, 105, 213232,318-328

Horry County Code Enforcement
Thru

7/1/2023
8/31/2023

Compared To

Thru

7/1/2024
8/31/2024

Percent Change

Residential- Use Codes 101,102,103
Residential Additions- Use Code 434
Residential Remodeling- Use Code 435
Non-Residential Remodeling- Use Code 436
Non-Residential Additions- Use Code 437
Garage & Carport- Use Code 438
Mobile Home Permi ts- Use Code 106
Commercial- Use Codes 104, 105,213-232,318-328
Demolition Permits Use Codes 645,649
Other Permits
Vendor Permits Use Codes 110
Zoning Compliance Use Code 113
Total Permits
Construction Value

867
102
1079
302
23
66
111
66
20
355
1
11
3003
229,608,292

887
99
1044
353
13
61
119
42
20
321
5
31
2995
259,807,728

2.31%
-2.94%
-3.24%
16.89%
-43.48%
-7.58%
7.21%
-36.36%
0.00%
-9.58%
400.00%
181.82%
-0.27%
13.15%

Residential Revenue
Residential Additions Revenue
Residential Remodeling Revenue
Non-Residential Remodeling Revenue
Non-Residential Addition Revenue
Garage & Carport Revenue
Mobile Home Revenue
Commercial Revenue
Demolition Revenue
Other Revenue
Zoning Compliance Revenue
Vendor Revenue
Misc. (Copies, etc.)
Fire Inspection Revenue

1,231,180.12
20,916.98
107,160.12
85,918.73
16,775.05
27,296.55
20,405.60
29,376.55
1,050.00
237,798.16
300.00
2,400.00
4,352.00
4,700.00

1,695,959.38
32,335.69
111,675.53
101,190.41
12,470.30
45,072.93
22,234.00
32,973.10
1,060.00
199,869.46
850.00
4,801.20
812.50
3,900.00

37.75%
54.59%
4.21%
17.77%
-25.66%
65.12%
8.96%
12.24%
0.95%
-15.95%
183.33%
100.05%
-81.33%
0.00%

Total Revenue Collected

1,789,629.86

2,265,204.50

26.57%

116,849.44
0.00
14,680
19,835
1,268,700

89,153.78
800.00
9,060
29,620
1,314,093

-23.70%
#DIV/0!
-38.28%
49.33%

24,309
608

24,279
585

-0.12%
-3.78%

MIGCF Revenue Collected
Vendor Revenue Collected
Developer Fee Collected
Planning Department Payments
Impact Fee Payments
Inspections
Fire Inspections

Horry County Code Enforcement
Fiscal Year Permits Issued

1200

1000

800

600

FY2023
FY2024

400

200

0

Residential- Use Codes 101,102,103

Residential Additions- Use Code 434

Residential Remodeling- Use Code 435

Commercial- Use Codes 104, 105,213232,318-328

Horry County Code Enforcement
Fiscal Year Revenue Collected

$1,800,000

$1,600,000

$1,400,000

$1,200,000

$1,000,000
FY2023
FY2024

$800,000

$600,000

$400,000

$200,000

$0

Residential Revenue 101,102,103

Residential Additions Revenue 434

Residential Remodeling Revenue Commercial Revenue 104, 105, 213435
232,318-328

Fleet Services Monthly Summary
Number of Work Orders by Division
FY24 YTD
Sep-23
Sep-24

FY25 YTD

ADMINISTRATION

13

30

6

27

I&R

173

456

167

575

325
511

1069
1555

320
493

1084
1686

Sep-24

FY25 YTD

PUBLIC SAFETY
TOTAL

Minor Services by Division
FY24 YTD
Sep-23
ADMINISTRATION

2

9

4

16

I&R

57

134

51

46

141
200

479
622

149
204

505
567

Sep-24

FY25 YTD

PUBLIC SAFETY
TOTAL

Major Services by Division
FY24 YTD
Sep-23
ADMINISTRATION

0

0

0

0

I&R

1

5

4

8

6
7

18
23

19
23

46
54

PUBLIC SAFETY
TOTAL

HORRY COUNTY
Planning Department - May 2024 Projects Update
Project Description
Boards and Committees
Historic Preservation Commission

Multiple projects underway

Text Amendments
ZBA Buffer Ordiance

The next meeting for the Horry County Historic Preservation
Commission will be on September 23rd. Working on finalizing the
information for driving tour page. Atlantic Beach Historic District has
been accepted for the November South Carolina National Register
Review Board Meeting. Little River Survey field work has been finished
by the consultant and SHPO completed their review of the survey

CC on 9/17

Non-Commercial Personal Use Buildings

PC on 10/3

Amendment to prohit landscape buffer variances within Major
Developments
Amendment to allow non-commercial persual use buidlings on parcels
that meet the minimum area requirements in the FA Zoning District.

Hwy 17 Business South Overlay

CC on 9/17

Highway Commercial
Land Development Regulations

PC on 9/5
PC on 10/3

Plans
Comprehensive Plan - Imagine 2040 - 5 Year
update

Staff started working on updating
the data.

Future Land Use Map Amendments
PC-2024-04 Located at the corner of Freemont
Rd & Plantation Dr in Longs

Passed Second Reading at CC on A resolution to amend the Future Land Use Map of Imagine 2040
9/3/2024
Comprehensive Plan for PINS 26705040008, 26705040009, &

PC-2024-07 Located Hwy 905 in Longs

PC-2024-08 Located at the Intersection of
Nichols Hwy & Hwy 917 in Nichols

Project Status

Withdrawn on 8/5/2024
Deferred twice

Status Description

Amendment to add a portion of Hwy 17 Bypass to the overlay. To limit
height to 35' and to remove multifamily as a permitted use within the
overlay.
Amenemnt to allow distribtuion as a permitted use.
Amendment to allow preliminary jurisdictional determinations for final
plat approval.
Currently focusing on Population and Transportation element data.

A resolution to amend the Future Land Use Map of Imagine 2040
Comprehensive Plan for PIN 26700000011 from Rural to Suburban.

Passed Second Reading at CC on A resolution to amend the Future Land Use Map of Imagine 2040
9/3/2024
Comprehensive Plan for PIN 14111040002 from Scenic &
Conservation to Rural.
PC-2024-10 Located at the Corner of Hwy 905 & Deferred 1st for a comp plan
A resolution to amend the Future Land Use Map of Imagine 2040
Long Acres Dr in Longs
amendment before PC. Then
Comprehensive Plan for PINS 26600000005, 26600000006,
deferred 2nd time right before PC 26600000007, & 26601020001 from Suburban to Rural Communities.
PC-2024-11 Located on Hwy 9 & Hickory Farms Going Before PC on 9/5/2024
A resolution to amend the Future Land Use Map of Imagine 2040
Rd in Longs
Comprehensive Plan for PIN 25800000003 from Suburban to Rural
Communities.
PC-2024-12 Located on Spring Beauty Dr in
Going Before PC on 9/5/2024
A resolution to amend the Future Land Use Map of Imagine 2040
Conway
Comprehensive Plan for PIN 37800000041 from Rural to Rural
Communities.
PC-2024-13 Located at Old Reaves Ferry Rd & Going Before PC on 9/5/2024
A resolution to amend the Future Land Use Map of Imagine 2040
Oakmont Ln in Conway
Comprehensive Plan for PINS 32200000034 & 32213010003 from
Rural to Rural Communities.
PC-2024-14 Located at Shelly's Pl in Little River Going Before PC on 10/3/2024
A resolution to amend the Future Land Use Map of Imagine 2040
Comprehensive Plan for PIN 30507020026 from Rural Communities to
Suburban.
PC-2024-15 Located at Hugo Rd in Conway
Going Before PC on 10/3/2024
A resolution to amend the Future Land Use Map of Imagine 2040
Comprehensive Plan for PINS 37900000022 and 37911020011 from
Rural & Rural Communities to Rural Communities.
PC-2024-16 Located on Hwy 905 in Longs
Going Before PC on 10/3/2024
A resolution to amend the Future Land Use Map of Imagine 2040
Comprehensive Plan for PINS 26700000011 and 26700000012 from
Rural and Rural Communities.
Studies
Revised Impact Fee Study and Fee Schedule
Denied by Council
A revision of the study is underway for a fiscal landuse analysis
approach. Anticpated completion late 2024
Public Events and Outreach

32

29

26

23

20

2024

2024

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2023

2022

Staffing

2023

2500
2000
1500
1000
500
0

2021

2023

2022

2021

2020

2019

Zoning Compliances

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2009

Major Projects

250
200
150
100
50
0

Rezonings

140
120
100
80
60
40

Minor Plats
2500
2000
1500

2021

2022

2023

2022

2023

2024

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

1000

Commercial Reviews
2000
1500
1000
500

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

0

600
500
400
300
200
100
0

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

200
175
150
125
100
75

2009

Zoning Board of Appeals

Sign Permits

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022

TOTAL E-WASTE QUARTERLY TONNAGE & COST YTD ESTIMATE

$35,994.00

Current MTH Tons

$17,472.00

Current MTH Cost
YTD Tons
YTD Cost

102.84

49.92

1

TOTAL RECYCLING TONNAGE BY YEAR

14,848
14,170

14,325

14,515
13,969

FY2016

12,837
11,986

FY2017

12,163

FY 2018
FY 2019

11,244

FY 2020
FY2021
FY2022
FY2023
FY2024
FY2025

2,481

Fiscal Year 2016-2025

TOTAL CONVENIENCE CENTER TONNAGE BY YEAR

84,675

87,689

85,051

83,543

82,799

78,026
73,996

FY2016

71,749

FY2017

66,323

FY 2018
FY 2019
FY2020
FY2021
FY2022
FY2023
FY 2024
FY 2025

14,…

Fiscal Year 2016-2025

YTD Tonnage

28000.00

24000.00

20000.00

16000.00

5520.69

12000.00

YTD Tonnage
3247.07

8000.00

1298.40
1147.95

4000.00

934.76
411.54
149.60

0.00

102.84

680.58
70.97 129.09

633.89

0.00

TOTAL CONVENIENCE CENTER PULLS PER YEAR
29,243
27,687

28,055

28,517

26,307
FY2016

23,384
21,086

FY2017
FY2018

20,696

FY2019
FY2020

17,829

FY2021
FY2022
FY2023
FY2024
FY2025

5,109

Fiscal Year 2016-2025

0
180

7
#25 LAKE ARROWHEAD

200

#24 CAROLINA FOR.

#23 SCIPIO LANE

44

#22 DOGBLUFF

22

#21 DUFORD

14

#20 BUCKSPORT

53 28

#19 DORMANS X-RDS

50

#18 BROOKSVILLE

67

#17 TODDVILLE

110
108

#16 SARVIS X-RDS

95

#15 BROWNTOWN

100

#14 KATE'S BAY RD

131

#13 LONGS

51

#12 JACKSON BLUFF

84

#11 RED BLUFF

#10 RECYCLE RD.

105

#9 KETCHUPTOWN

123

#8 LANDFILL

350

#7 HOMEWOOD

#6 SOCASTEE

100

#5 AYNOR

#4 MCDOWELL

#3 MT. OLIVE

#2 LORIS

150

#1 N.M.B.

Axis Title

CURRENT MONTH'S PULLS BY CENTER
339

300

250

207

182

Total Monthly
Pulls by Center

155

129

90
47
24

FY 2016

TOTAL UCS MONTHLY PULLS
FISCAL YEAR
16, 17, 18, 19, 20, 21, 22, 23, 24, 25

FY 2017
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022

PULLS

FY 2023

3000
2900
2800
2700
2600
2500
2400
2300
2200
2100
2000
1900
1800
1700
1600
1500
1400
1300
1200
1100
1000

FY 2024
FY 2025

JULY

AUG

SEPT

OCT

NOV

DEC
JAN
MONTH

FEB

MAR

APR

MAY

JUNE

FY 2024 UNINCORPORATED AREA CHART - YTD PULLS
4000

1968

2000

YTD Pulls

848
592
563
278
207

200
67

0

34

36

115

201

0

FY 2024 UNINCORPORATED AREA CHART - YTD PULL COST BY TYPE