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HomeMy WebLinkAboutWQ0002015_Application_20240822DWR -.1-011- Division of Water Resources Stale of North Carolina Department of Environme.tttal Quality Division of Water Rtssources 15A NCAC 02T .0500 —WASTEWATER IRRIGATION SYSTEM — RENEWAL FORM: W W IS-R 02-21 Pursuant to 15A, if the application does not include all required information and the necessary supporting documentation, the application shall be returned. The application and attachments shall he prepared In accordance with 15A NCAC 02 .0 00, 15A NCAC 02T a0500, and Divisiun Policies. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch websitC. The Applicant shall submit an electronic copy of the application and attachments uploaded as a single Portable Document Format (PDF) rile to baps:lledocs.den.nc.eovlForms/NonINscharge- Bra nch-Submittal-Form-Vert, or emailed to Non-DischHrRe.Renvrts(a)ncdenr.vov, if less than 20 megabytes (MB). SECTION I —APPLICANT INFORMATION i. Applicant: Oak Hill Fellowship Center, Inc. 2. Permit No.: WQ0002015 3_ Signature authority: Brian Worley Title: Executive Director Phone number: (919) 693-2990 Email: Brian@campoakhill.org 4. Mailing address: 1528 Oak Ilill Rd, City: Oxford State: NC Zip: 27565 5. Contact person: Liza Farrar Email: Liza u.camnoakhil l.ore. Primary phone number: (919) 693-2990 Secondary phone number: SECTION II — FACUATY INFORMATION 1. Physical address: 1528 Oak Hill Rd. County:Granville Parcel No.: 5312 City: Oxford State: NC Zip: 27565 2. Treatment facility coordinates to the sixth decimal degree: Latitude: 36.4858170 Longitude:-78.727132' Method: Spray SECTION III-- FLOW INFORMATION 1. Perm itted flow: 3,200 GPD (The maximum allowable flow based on what has been permitted) 2. As -built flow: 3,200 GPD (The maximum allowableflow based on what has been consrrucled) 3. Average flow: 1,847 GPD (The average ofall reportedflows on the previous calendaryear' NDMRs) 4. Hydraulic capacity: 58 % (Divide the average flaw in Item 3 by the As -built flow in Item 2) 5. Wastewater composition: Domestic: 100 % Industrial: % Stormwater: % SECTION IV — BILLING INFORMATION 1. Billing address: 1528 Oak Hill Rd. City: Oxford State: NC - Zip: 27565 2. Verify the Applicant does not have any overdue annual fees: httns://deo.ne, nov/about/divisi onVwater-resources/watcr-resources-nemits/wq-enavments. Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has an unpaid annual fee. FORM: WWIS-R 02-21 Page 1 of 6 SECTION V — OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION L ORC: Dale Mathews Gradc: 2 Certification No,: 030376 Mailing address: 3191 Geia Rd. City: Oxford State: NC Zip: 27565 Phone number (919) 691-1304 Email: mmwaterservices@yahoo.com 2, Back -Up ORC: Andy Mathews Grade: 3 Certification No.: 090086 Mailing address: 3185 Gela Rd. City: Oxford State: NC ;Lip; 27565 Phone number: (919) 939-0232 Email: mmwaterservices@yahoo .corn SECTION VI —OPEN -ATMOSPHERE SIRUCTURES 1. List all open -atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if necessary. _ Type Parcel No. Volume (gal) Liner Type Freeboard (ft) r Latitude Longitude Lagoon 5312 900.000 Natural - _ 2 f. _ 36,485817"-78.7271320 SECTION VII — RELATED PERMITS 1. List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing perms. Attach additional sheets if necessary. ` Permit Type Permit No. Relationship Type NIA I - SECTION Vlll--MONITORING WELLS 1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary. Well Name Parcel No. Status Gradient Location Latitude Longitude NIA ° - O 0 0 f —° O o O O O O FORM: W WIS-R 02-21 Page 2 of 6 SFCCIOIS IX —IRRIGATION FIELDS 1 List all imgation fields associated Witli the renewing permit Attach additional slicers ifneees.4ary. Field County- Parcel No. Deeded Onner Area Cover Crisp Latitude Longitude Spray Granville 5312 Granvifle Farms 1 acre Fescue 36A85817° -78.727132' p 6 0 , 0 o o o � p p a 6 o � Q e 0 0 p p ATTACIIMEN7' A -- SITE MAP Was the facility originally pennined or had a major modification issued after September 1, 2006? ❑ Yes —Pursuant to t5A NCAC 02T .0105(d), submit a site map pursuant to the requirements in I5A NCAC 02T .0504 d . These m-quirements are: ❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing all facility -related structures and fences within the wastewater treatment, storage, and irrigation areas. ❑ Soil mapping units shown on all irrigation sites. ❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage, and irrigation sites. 11 Delineation of the compliance and review boundaries per 15A NCAC 02L ,0107 and .0108, and 15A NCAC 02T .0506(c) if applicable. El Setbacks as required by 15A NCAC 02T .0506. ❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and irrigation sites. ❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and irrigation sites. E i No — Skip Attachment A. ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION Does the signature authority in Section 1, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)? ❑ ® Yes — Skip Attachment B. ❑ No — Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign. ATTACHMENT C — FLOW REDUCTION Does the existing permit include an approved flow reduction? ❑ Yes — Submit a copy of the 11ow reduction approval letter, as well as the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved flow reduction value, the Permittec shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A NCAC 02T .0114(I). 0 No— Skip Attachment C. ATTACHMENT D--CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Is the Applicant a Privately -Owned Public Utility? LJ ❑ Yes — Pursuant to .15A NCAC 02T .01I5(a)(1), submit the Certificate of .Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise. Nr No — Skip Attachment D. ATTACHMENT E --OPERATIONAL AGREEMENT Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold'? ❑ ❑ Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0115 012.L submit an executed Onerational Aercemcnt (FORM: HOA).. Pursuant to I SA NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws. ❑ Yes (Developer of Lots to be Sold) — Pursuant to ISA NCAC 02T .0115(a)(21}, submit an executed Operailional Avrcemeru (FORM: DEV ). Pursuant to 15A NCAC 02T .0115(bl, if the applicant is a developer of lots to be sold, submit a copy of the Articles of Incorporation, Declarations, and By-laws. C No— Skip Attachment E. FORM: WW1S-R 02-21 Page 4 of 6 ATTACIMENT lF— DEMONSTRATION OF f UTUHE WASTEWATER THE vrmENT CAPACI7'1ES Is the applicant a municipality, county, sanitary district, or public utilily'? ❑ Yes—1?rocced to the next question. 1ffi No — Skip Attachment F. Does the hydraulic capacity in Section Ill, Item 4 exceed 701/W ❑ Yes (the hydraulic capacity is greater than 70%, but less than 90%) — Pursuant to 15A N AC 02 r .0118(I ), prior to exceeding 80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar ycar), the permittee shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system, elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements. If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other measures to achieve waste flow reductions. ❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question. $[ No — Skip Attachment F. If answered Yes above, does the hydraulic capacity in Section 111, Item 4 exceed 80%? ❑ Yes (the hydraulic capacity is greater than 80%) Pursuant to ISA NCAC 02T .0118(2), prior to exceeding 40 percent of the System's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shalt obtain all permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed, submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed for a later date, a justif ication shall be made that wastewater treatment needs will be met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. ❑ No — Skip Attachment K All'TACHMENT G — EASEMENT, ENCROACHMENT, AND LEASF. AGRFEMENTS Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, and irrigation system? ❑ Yes — Skip Attachment G. No — Pursuant to 15A NCAC 021' .0116(e), provide a copy of all easements, lease agreements, and encroachment agreements allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, and irrigation system on property not owned by the Permittee. ATTACHMENT H -- AFFILIATIONS Are the Permittee's affiliations of record correct? Check affiliations. D� Yes — Skip Attachment H. ❑ No — Provide the corrected affiliations and their contact information. ATTACHMENT I —COMPLIANCE SCHEDULES Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit) ❑ Yes — Submit documentation that the compliance schedules have been met. 1K No — Skip Attachment 1, ATTACHMENT J—CIVIL PFNAUFIES AND OUTSTANDING VIOLATIONS Does the Permittee have any existing civil penalties or outstanding violation? ❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission requcst. ❑ Yes (violations) — Submit a copy of your response to the Notice of Violation. X No —Skip Attachment J. FORM: WWIS-R 02-21 Page 5 of 6 ATTACHiHENT K — INDUSTRIAL NVASTrwyr>ER Does the wastewater composition in Section 111, Item 5 include any industrial wastcwatce? ❑ Yes — Proceed to the next question. P4 No -- Skip Attachment K. Has the nature of the industrial wastewater changed since the last pen -nit issuance (i.e., changes in industrial process, introduction of new materials or chemicals, etc.)? ❑ Yes — Provide a chemical analysis of the wastewater pursuant to the requirements in 5 N {)St . Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing nrocess; and an overview of the cleaning and treatment methodology. C3 No — Provide an overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process; and an overview of the cleaning and treatment methodology. ATTACHMENT 1, — SETBACK WAIVERS Does the existing pennit include setback waivers? 0 Yes — Pursuant to ISA NCAC 02T .050601, provide setbacks waivers that have been written, notarized, signed by all parties involved, and recorded with the county Register of Decds. Waivers involving the compliance boundary shall he in accordance with 15A NCAC 021, .0 10 . No — Skin Attachment L. APPLICANT'S CERTIFICATION c,r A 1r (Signature authority's {tame as noted in Section I, Item 3) that this application has been reviewed by me and is accurate and complete to the best of my knowledge. t understand that if all required parts of this application package are not completed, and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify pursuant to 15A N, that the applicant, or any parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee. Note: The Applicant's Certification shall be signed pursuant to 15A NCAC 02T .0106(b). An alternate person may be delegated as the signing official if a letter is provided pursuant to I5A NCAC 02T .01 06c . Pursuant to § 143-215.6A and § 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which mninede a fine not to exceed 000 as well as civil penalties up to $25,000 per violation. Signature: '2"1' Date: Z 61 1 THE COMPLETIJ) APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA: Ema, : Non-116charile, Reports(d&ncdglangoy. Laser'fiche Upload: httns:lledoes.deg.nc.QovlForms(NottDischxrge-Branch-Sub inittal-fornn-Ver2 FORM: LVWIS-R 02-21 Page Cc of 6 t RAGSDALE LIGGETT 1 RRorissio UAL lIni7FD LIA61UlY C4nrAMY lF LAWYE RS POST OFFICE BOX 31507 CROSSPOINT . PLAZA TELEPHONE: (919) 787.5200 MEIGH, NC 27622-1507 2840 PLAZA PLACE, SUITE 400 mcstmIL£: p19) 783-8991 RALEIGH. NORTH CAROLINA 27612 DIRECT VIAL(MJAJJ4113 RICHARAC7. BULm% F AIAIL: rh6han5'U1-lan.t8m December 7, 2011 Via Hind Delivery Kim Patterson Oak Hill Fellowship Center, hie. 3824 Barrett Drive, Suite 107 Raleigh, North Carolina 27609 Re: Granville Farms Agreement Dear Kim: Enclosed herein are the original Granville Farms lease and the recorded Memorandum of Lease. I am so sorry that I am just now getting these to you. Hopefully your meeting on Friday went well. With best wishes. Sincerely, RAGSDALE LIGGETT PLLC 7-tt.,") Richard 0. Bolton Enclosures 289791 GROUND LEASE TIRS GROUND LEASE ("Lease') is made and entered into effective the 1" day of July, 2010, between GRAN'VILLE FARMS, INC. a North Carolina corporation (collectively, "Landlord") and OAK HQ.L FELLOWSHIP CENTER, INC., a North Carolina non-profit corporation ("Tcnant'j. RECITALS A. Landlord is the owner of a certain parcel of land located in Granville County, North Carolina, and being identified as a portion of 8220 NC Highway 96, Oxford, Granville County, North Carolina; such portion being shown on the survey attached hereto as Exhibit A (the "Premises")- B. Tenant's septic field is on the Premises and Tenant and Landlord desire to memorialize Tenant's right to use the Premises for such purpose. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows: 1. Premises and Term. Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the Premises for a term (the "Term") commencing the date hereof, and continuing, if not sooner terminated, until January 1, 2030. 2. Rent. The base rent {"Rent") for and during the Term shall be payable in equal annual installments in advance, without prior demand, setoff or deduction, on the first (1') business day of each calendar year the sum of $1.00. 3. Use. The Premises shall continue to be used as Tenant's septic field in accordance with its current use. Tenant shall comply with all governmental laws, ordinances, and regulations applicable to the use of the Premises, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. 4. Taxes and Assessments. Landlord agrees and covenants to pay and discharge, before they become delinquent, all ad valorem or property taxes, all sanitary taxes, general and special local improvement assessments, and other taxes levied or assessed against the Premises or any improvements thereon or arising in respect to the occupancy, use, or possession of the Prcm ises, and which are assessed or become a lien or become due and payable during the Term. 5. Tenant's Repairs and Maintenance. Tenant shall, at its own cost and expense, keep and maintain the Premises and all improvements now or hereafter erected thereon in good order and condition, promptly making all necessary repairs and replacements. 6. Inspection. Upon reasonable prior notice, Landlord and its agents shall have the right to enter and inspect the Premises at any reasonable time during business hours. 7. Liabil' . Landlord shall not be liable to Tenant or Tenant's employees, agents, customers, visitors, or subtenants, or to any other person whomsoever, for any injury to person or damage to property on or about the Premises, resulting from and/or caused in whole or in part by the negligence, omission or misconduct of Tenant, its agents, servants, employees, or subtenants, 271435 or any other person entering upon the Premises, or due to any cause whatsoever, and Tenant hereby covenants and agrees that it will at all times indemnify and hold safe and harmless the Premises, the Landlord, Landlord's agents and employees from any loss, liability, claims, suits, costs, expenses (including without limitation, reasonable attorney's fees) and damages, both real and alleged, arising out of any such damage or injury. Tenant shall cause to be procured and maintained, throughout the Term, a general comprehensive policy of liability insurance, at its sole cost and expense, insuring both Landlord and Tenant, the li:nits of such policy or policies to be in the amount of not less than $1,000,000 for each occurrence in respect of injury to persons (including death), and in the amount of not less than $300,000 per occurrence in respect of property damage or destnietion, including loss of the use thereof. Tenant shall deliver to Landlord a copy of such insurance policy. S. Holdina Over. Tenant will, at the expiration or earlier termination of this Lease by lapse of time or otherwise, yield up immediate possession of the Premises and all real property improvements erected by Tenant thereon and all of Landlord's property thereon to Landlord. If Landlord agrees in writing that Tenant may hold over after the expiration or tennination of this Lease, unless the parties hereto otherwise agree in writing on the terms of such holding over, the holdover tenancy shall be subject to termination by Landlord at any time upon not less than one hundred fifty (150) days advance written notice, or by Tenant at any time upon not less than thirty (30) days advance written notice, and all of the other terms and provisions of this Lease shall be applicable during that period. in the event Landlord give notice of termination and Tenant secures and activates a replacement septic field prior to the expiration of the 150 day period, then this Lease shall terminate as of the date of such securing and activation. No holding over by Tenant, whether will) or without consent of Landlord, shall operate to extend this Lease or the Term, except as otherwise expressly provided. 9. Quiet Enjoyment. Landlord covenants that it now has a good and valid fee simple interest in the Premises, free and clear of all liens and encumbrances, excepting only the lien for current taxes not yet due, such mortgage or mortgages, deeds of trust, or other security instruments as Landlord may execute, zoning ordinances and governmental regulations relating to the use of the Premises, and easements, restrictions, and other conditions of record. Landlord represents and warrants that it has full right and authority to enter into this Lease and that Tenant, upon paying the rental herein set forth, shall peaceably and quietly have, hold, and enjoy the Premises for the Term without hindrance or molestation, subject to the term and provisions of this Lease. 10. Events of Default. The following events shall be deemed to be events of default by Tenant under this Lease: a. Tenant shall fail to pay when due an installment of the Rent or any other sum required of Tenant under this Lease, and such failure shall continue for a period of ten (10) days from the date Landlord noti fies Tenant that such payment has not been received. b. Tenant shall fail to comply with any term, provision, or covenant of this Lease (other than the foregoing in this Article 14), and shall not cure such failure within twenty (20) days (or within such longer period of time as is reasonably necessary to remedy such failure provided Tenant is at all times pursuing such cure 271435 - - 1 diligently and in good faith, but in no event in excess of sixty (Gel) days) after written notice thereof to Tenant 11. Remedics 1br Default. Upon the occurrence of any such event of default, the landlord may by giving notice to the 'Tenant at any time thercafler terminate this Lease; provided, however, the actual termination of the lease shall not occur until the earlier of 1) one hundred fifty (150) days after the notice of termination, or 2) the date that Tenant secures and activates a replacement septic field. No delay or omission by the Landlord to exercise any right or power accruing upon any noncompliance or default by the Tenant with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof Every such right and power may be exercised at any time during the continuance of such event of default. It is further agreed that a waiver by the Landlord of any of the covenants and agreements hereof to he performed by the Tenant shall not be construed to be a waiver of any subsequent breach thereof, or of any other - covenant of agreement herein contained. The termination of this Lease for any cause whatsoever shall not affect the right of the Landlord to collect all rent and other sums due under this Lease prior to the date of such termination. 12. Mechanic's Liens. Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the iremises or Landlord's property therein, or to charge the rentals payable hereunder for any claim in favor or any person dealing with Tenant, including (]lose who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or material furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises and that it will save and hold Landlord harmless from any and all loss, cost, or expense (including reasonably attorney's fees) based oil or arising out of asserted claims or liens against the leasehold estate or against the right, title, and interest of the Landlord in the Premises or under the terms of this Lease. 13. Notices. Each provision of this Lease or of any applicable governmental laws, ordinances, regulations, and other requirements with reference to the sending, mailing, or delivery of any notice or with reference to the sending, mailing, or delivery of any notice and to the making of any payment by Tenant to Landlord shall be deemed to be complied with when and if the following steps are taken: a. All rent and other payments required to be made by Tenant to Landlord hereunder shall be payable to Landlord at the address hereinbelow set forth or at such other address as Landlord may specify from time to time by written notice delivered in accordance herewith. Tenant's obligation to pay rent and any other amounts to Landlord under the teens of this Lease shall not be deemed satisfied until such rent and other amounts have been actually received by Landlord. Any notice or document required or permitted to be delivered hereunder shall be deemed delivered, whetheractually received or not, when deposited in the United States mail, postage prepaid, by certified or registered mail, postage prepaid and 271435 addressed to the parties hereto at the respective addresses set out below, or at such other address as such party has theretofore specified by written notice delivered in accordance herewith. TENANT: LANDLORD: Oak Hill Fellowship Center, Inc. Granville Farms, Inc. 3824 Barrett Drive, Suite 107 P. G. (}( - Raleigh, NC 27609 All parties included within the terms "Landlord" and "Tenant," respectively, shall be bound by notices given in accordance with the provisions of this Article 13 to the same effect as if each had received such notice. 14. North Carolina Administrative Code. Except as permissibly waived by Landlord. Tenant's use of the Premises shall be in compliance with Title 15A of the North Carolina Administrative Code 02L .0107. 15. Net Lease Intended. It is the intention of the parties that Landlord shall receive the Base Rent as net rental, free from all charges, expenses, damages, and deductions of every description. 16. Miseellancous. a. Words of any gender used in this Lease shall be held and construed to include any other gender, and word in the singular number shall be held to include the plural, unless the context otherwise requires. b. The terms, provisions, covenants, and conditions contained in this Lease shall apply to, inure to the benefit of, and be binding upon, the parties hereto and upon their respective heirs, legal representatives, successors, and permitted assigns, except as otherwise herein expressly provided. Landlord shall have the right to assign any of its rights and obligations under this Lease, Each party agrees to furnish to the other, promptly upon demand, proof of due authorization evidencing the due authorization of such party to enter into this Lease. C. The captions inserted in this Lease are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Lease, or any provision hereof, or in any way affect the interpretation of this Lease. d, Tenant agrees from time to time within ten (10) days after request of Landlord, to deliver to Landlord, or Landlord's designee, an estoppel certificate stating that this Lease is in full force and effect, the date to which the rent has been paid, the unexpired term of this Lease, and such other matters pertaining to this Lease as may be requested by Landlord. It is understood and agreed that 'Tenant's obligation to furnish such estoppel certificates in a timely fashion is a material inducement for Landlord's execution of this Lease. Landlord shall pay all costs incurred in the preparation of such certificates, e. This Lease may not be altered, changed, or amended except by an instrument in writing signed by both parties to be charged. 271435 f. If any Clause or provision of this Lease is or shall be held to be illegal, invalid, or unenforceable under any present or future laws effective during the Term, then and in that event. it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby, and that in lieu of each clause or provision of this Lease that is illegal, invalid, or unenforceable, there be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. This Lease shall be governed by and construed pursuant to the laws of the state of North Carolina, without regard to its conflicts of laws provisions. g. All references in this Lease to "the date hereof' or similar references shall be deemed to refer to the last date, in point of time, on which all parties hereto have executed this Lease. Each party hereto agrees that at any time on request of the other party, it will execute a short form or memorandum of this Lease in form permitting its recording. The requesting party shall pay all costs and expenses incurred in the preparation and recording of such document. 17. Entire Aareement. This Lease constitutes the entire contract and agreement between the parties concerning the subject matter hereof, and all prior negotiations, commitments, representations, understandings, agreements, and promises are merged herein. No prior representation, warranty, condition, understanding, or agreement of any kind or nature whatsoever, either oral or written, not herein contained shall be binding upon either party hereto. IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease under seal, effective as of the day and year first above written. TENANT: Oak Hill Fellowship Center, lne. By: e , `(�' ` (SEAL) Name. Its ?yChArtn� LANDLORD. Granville Farms, Inc. By: n C. (SEAL) Name: GC Its 271435 SITE PLAN � ) OAK HILL FELLOWSHIP CENTER, INC. M HILL TII/.. *-AWILLC W MTY. H.C. wrcm-JnaltNas a ASSCCIAmi, C- Lsf i. LAMAft ETRQT, Romwo N.C. APRIL 2*10. JOW J. JONINS t-SES2 78.1 •• •r "• • •" ACRES _AMR 00 HILL R01 ...... 60, /M 24.84 ACRES p� ICCI '.• �. � �, ! J jij ..'. SUM F7.. f Prepared by and mail to after recording: Ragsdale Liggett PLLC (Bolton) Post Office box 3I507 Raleigh, NC 27622-1507 NORTH CAROLINA COUNTY OF GRANVILLE MEMORANDUM OF LEASE I�llfll��l�IlIRIIIIIIIII�III�II�II��II�I�f�Ifllll�ill'lq�fl�� Doc IA: 002579020004 Type! CAP Recorded: 06/17/2011 at 02:01:40 PM Fee Amt: $23.00 Pape 1 or 4 Granville County, NC Kathy M. Adcock Reg of Deeds BK1394 PG710-713 GRANVILLE FARMS, INC, a North Carolina corporation (the "Landlord"), has leased to OAK HILL FELLOWSHIP CENTER, INC., a North Carolina non-profit corporation (the f°Tenant") under a Ground Lease Agreement dated July 1, 2010 (the "Lease Agreement") all of the Property (as defined below) for an initial term which shall expire on January I, 2030, if not terminated sooner as provided in the Lease Agreement. The property which is the subject of this Lease Agreement is shown on the attached Exhibit A as the 6.23 acre tract noted as the "Proposed Lease Area" (the "Premises"). All of the provisions set forth in the Lease Agreement between Landlord and Tenant with regard to the Premises, are hereby incorporated into this memorandum as if fully set out herein, Capitalized terms not defined herein shal[ have the meaning ascribed thereto in the Lease Agreement. In the event of a conflict between this memorandum and the Lease Agreement , the ternis and conditions of the Lease Agreement shall control and prevail. [Signature Pages(s) Attached Hereto] 275633 Signature Page to Memorandum of Lease LANDLORD: GRANVILLE FARMS, INC., a North C a corporation BY: Na wi i ih Title: Pr rS i d e n ' " STATE OF NORTH CAROLINA COUNTY OF Oran yr He. I, a Notary Public of the County and State aforesaid, certify b ru n Cc Srn, fh , the President of Granville Forms, Inc., a NoNo h Carolina corporation, personally appeared before me this day and either (i) being personally known to me; or (ii) having provided satisfactory evidence in the form of a : (circle one) (a state issued driver's license; (b) state issued identification card; or (c) United States Passport acknowledged to me that he voluntarily signed the foregoing instrument for the purpose stated therein as President of the corporation, under authority duty given, on this the �r64- day of January, 2011. pe Name: JeT Qrcrl't-ft otary Public My commission expires: 275633 Signature Page to Memorandum of Lease TENANT: OAK HILL FELLOWSHIP CENTER, INC„ a North Ca lina non-profit corporation By: +c�si✓ Name: (ZJaei�Y>s O• �oa.ru�+ Title: V=e r a1ffr.=D&Nr STATE OF NORTH CAROLINA COUNTY OF Oaut_ 1, a Notary Public of the County and State aforesaid, certify that _?%t k.a,A the of Oak Hill Fellowship Center, Inc. a North Carolina non-profit corporation, personally appeared before me this day and either (i) being personally known to me; or (ii) having provided satisfactory evidence in the form of a : (circle one) (a) state issued driver's license; (b) state issued identification card; or (c) United States Passport acknowledged to me that he voluntarily signed the foregoing instrument for the purpose stated therein as of the corporation, under authority duly given, on this the 8� day off, 2011. (SEAL) �tllr Type Name: L"rT t btfc.K�SpR;0. Notary Public N dT My commission expires: I c- is-Z1o+4 7 G .,`� eLIG G 'c�UNTY � 275633 SITE PLAN OAK HILL FE11OWSHIP CENTER. INC. OA% NLLL TRP.GPAMYILAC 00UR7. M.G. MU&M-M M169 A ASSOCIATES, C-040 212 S. LALAR STPM. ROX9 t0. M.C. MILL 2010, JOIN J. .MINOS L-,1059 REYISD ! JULT 2010 P110P0Sm LEASE AWA 78.1 ACRES w�.e.+r..irr� w i i rraiY�.rw.ino THIS MAP i5 NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS S80°48' 13"E 101.73' S80 e�3 133 S8,3°23'5 9 "E MU �- 1 � 93.52' �( GRANVILLE FARRXS, INC. r D.B. 576, P. 7 0 /0-)o 6.23 AC. Jo LEASE ARIA � LAGOON °``� d- CO L 520/ SPRAY � �t / FIELD x N80°43'12„ 302 15 x S30051'33"W — 75.46'