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'
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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,
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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
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- - 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.
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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
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SITE PLAN
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OAK HILL FELLOWSHIP
CENTER, INC.
M HILL TII/.. *-AWILLC W MTY. H.C.
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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
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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'