Singer Furn_Correspondence Regarding LUR (SMWU 3)-OCR

ACCESS AGREEMENT
This Agreement made this __ day of , 2000, between BHR
NORTH CAROLINA 3, a Delaware limited liability company ("BHR") and SINGER
FURNITURE COMPANY. a Delaware corporation ("Singer").
RECITALS
A. Pursuant to that certain Purchase and Sale Agreement, entered into by and
between Singer and BHR, and executed on August 13, 1999, as amended by that certain
First Amendment to Purchase and Sale Agreement dated October 29, 1999 (collectively,
the "Agreement"), Singer and BHR agreed to terms and condition:; by which Singer
would sell, and BHR would purchase certain real property lying and being in Lenoir
Township, County of Caldwell, North Carolina, as more particularly described therein
(the "Property");
B. Singer is currently the holder of North Carolina Hazardous Waste
Management Pennit No. NCD000604322 (the "Permit") which imposes certain
obligations on Singer with regard to the Property.
C. As a condition of the Agreement, Singer and BHR agreed that Singer and
the North Carolina Department of Environment and Natural Resources ("NCDENR")
would have a right of ingress and egress to access that portion of the Propeny on which
the so-called "glue pond," otherwise known as "SWMU3," is located, for the purpose of
Singer's complying with any and all permit requests of the NCDENR relating to
SWMU3, and for the length of time required to so comply.
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D. By deed of even date and of conremporaneous effect herewith, by and
between Singer, as grantor, an<.! BRR, as grantee, Singer conveys the Property to BHR.
NOW, THEREFORE, in consideration $10.00 and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
l. BHR grants co Singer a right of ingress and egress over and across the
Property, for the purpose of access to perform remediation of SWMU3 and to comply in
every respect with any other requirements thar may be imposed ou Singer under the tenns
of the Permit which would require access to the Property, and for the length of time
required to so comply.
2. BHR grants to the NCDENR a right of ingress and egress over and across
the Property, for the purpose of monitoring and overseeing Singer's performance of the
above-mentioned remediation and any other requirements of the Permic.
WITNESS, the following duly authorized signatures, as of the day and year first
written above:
BHR NORTH CAROLINA 3, LLC
By: ____________ _
Title:-----~--------
SINGER FURNITURE COMPANY
By:~---~~--~--~-Title: _____________ _
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V.WOFFICES
GE!\JTRY LOCKE ~AKES & Ml:JRE
ROANOKE. VIRGINIA
degrees 46 minutes 41 seconds East 121.13 feet; South 05 degrees 00 minutes 20
seconds East 82.01 feet; South 04 degrees 36 minutes 09 seconds East 218.52 feet;
South 04 degrees 06 minutes 36 seconds East 97 .53 feet; South 05 degrees 18
minutes 24 seconds East 214.39 feet; South 04 degrees 21 minutes 01 seconds Ease
76.57 feel; South 00 degrees 22 minutes 09 seconds East 83.95 feet; South 06
degrees 06 minutes 36 seconds West 83.35 feet; South 11 degrees 03 minutes 01
seconds West 89.29 feet; South 14 degrees 42 minutes 21 seconds West 142.31 feet;
South 21 degrees 55 minutes 14 seconds West 71.46 feet; South 34 degrees 50
minutes 00 seconds West 83.10 feet; South 50 degrees 49 minutes 56 seconds West
65.89 feet; South 62 degrees 08 minutes 08 seconds West 82.66 feet; South 72
degrees 07 minutes 00 seconds West 155.14 feet; South 60 degrees 43 minutes 25
seconds West 28.87 feet; South 68 degrees 24 minutes 54 seconds West 76.62 fee t;
South 63 degrees 43 minutes 26 seconds West 51.14 feet; South 55 degrees 05
minures 03 seconds West 52.06 feet; South 45 degrees 04 minutes 23 seconds West
59.02 feet; South 35 degrees 44 minutes 55 seconds West 64.06 feet; South 28
degrees 54 minutes 32 seconds West 97.41 feet; South 33 degrees 21 minutes 29
seconds West 35.28 feet to a point in the center of the road, said point being a comer
with that property belonging to Allen E. Shoemaker, a deed of which is recorded at
Deed Book 171 at Page 539; thence wich the Shoemaker property for two calls:
North 24 degrees 56 rrtinutes 54 seconds West, passing a concrete monument on line
at 30.79 feet, and continuing on the same bearing 215.35 feet for a total distance
along this bearing of 246.14 feet to the center of a concrete monument; North 28
degrees 52 minutes 01 seconds West 228.19 feet to an existing V2 inch iron pipe, a
corner with the Shoemaker property, recorded at Deed Book 171 at page 539 and ac
Deed Book 629 at page 414; thence continuing with Shoemaker North 28 degrees 04
rrtinures 50 seconds West, passing a comer with Shoemaker property, recorded at
Deed Book 629 at page 414 and at Deed Book 488 at Page 494, and continuing with
the Shoemaker property, recorded at Deed Book 488 at Page 494, for a total distance
of 936.12 feet to the center of a concrete monument, a comer with lhe Shoemaker
property (Deed Book 488, Page 494) and that property belonging to the City of
Lenoir, recorded at Deed Book 182, page 144); thence with the City of Lenoir fo r
two calls: North 43 degrees 44 minutes '3J. se.contic: East 224.77 feet to :m existing%
inch iron pipe; North 45 degrees 01 minutes 18 seconds East 406.57 feet to the
POOO OF BEGJNNING containing 38.264 acres by coordinates, and as more
particularly shown by plat of survey dated June 5, 1998, being an ALTA Survey of
Property Belonging To: Singer Fumirure Company, a Delaware corporation, by John
E. Clay, Registered Surveyor, recorded simultaneously herewith.
BEING a portion of that property conveyed from The Singer Company, a New
Jersey corporation, to Singer Furniture Company, a Delaware corporation, by Deed,
and recorded in Deed Book 901 at Pages 001 -031 in the Caldwell County Registry of
Deeds .
<SUBJECT TO the restriction that the Property's use be hereafter limited to
~ commercial and industrial uses, and that residential uses are prohibited, and further
· that the use or withdrawal of groundwater from the Property is prohibited.
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