WQ0033991_Regional Office Historical File Pre 2018

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 21, 2009
Mr. H. K. Patel, Director
Independence Hospitality, Inc.
2501 Sardis Road North
Charlotte, NC 28227
Subject: Permit No. WQ0033991
Fairfield Inn and Suites - Crown Point
Tax Parcel #193-112-08, - 11
C-MU Tracking # 600-09-541
Wastewater Collection System Extension
Mecklenburg County, North Carolina
Dear Mr. Patel:
In accordance with your complete application received on April 20, 2009 we are forwarding
herewith Permit No. WQ0033991, dated April 21, 2009, to Independence Hospitality, Inc., for the
construction and operation of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is therefore
incorporated therein by reference.
Please pay particular attention to Permit Condition 3, which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any
individual system -wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 1) 15A NCAC 2T; 2) the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996, as applicable; 3) and the Division's Minimum Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided by a
North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility
to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to
comply may result in penalties in accordance with North Carolina General Statute §143-205.6A through
§143-205.6C, construction of additional or replacement wastewater collection facilities, and/or referral of
the North Carolina -licensed Professional Engineer to the licensing board.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycledll0% Post Consumer paper
NorthCarolina
Naturally

Mr. H.. K. Patel
Page 2
April 21, 2009
In accordance with the provisions of Article 20 of Chapter 143, General Statutes of North Carolina
as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted for the
construction and operation of approximately 1,160.94 linear feet of 8-inch gravity sewer and the
discharge of 11,520 gallons per day of collected domestic wastewater into the Charlotte Mecklenburg
Utilities existing sewerage system in conformity with 15A NCAC 2T; the Division's Gravity Sewer
Minimum Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adapted June 1, 2000, as
applicable, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the McAlpine Creek
WVVCP (NPDES No. NC0024970) prior to being discharged into the receiving stream.
Assessing subsequent impacts to the downstream collection system is the complete
responsibility of Charlotte Mecklenburg Utilities, Charlotte Mecklenburg Utilities rnust utilize whatever
tracking tools necessary for planning additions of sewer flow in order to maintain compliance with the
WQCSO0001 permit requirements.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact. Mr. Michael Parker at
[phone].
Electronic copies:
Cc:
Sincerely,
Coleen H. Sullins
Meredith Moore, Mecklenburg County Development of Water Quality
Barbara Gross, CMU
Philip Edwards, Mecklenburg County
Monte Moreschi, P.E., Studio 2M Design and Engineering
Mooresville Regional Office, Collection System Permit File
Surface Water Protection Central Files
PERCS

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
1. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996, as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000, as applicable; and other supporting materials unless specifically
mentioned herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
A map of the sewer system shall be developed and shall be actively maintained.
An operation and maintenance plan shall be developed and implemented.
Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
a.
b.
c.
d.
e. High -priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
Inspection and maintenance records shall be maintained for a period of at least three years.
Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute §143-205.1C.
g•
h.
1

4. This permit shall not be transferable. In the event there is a desire far the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
6, Per 15A NCAC 2T .0116, upon completion of construction and prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit shall be
submitted with the required supporting documents to the address provided on the form. A complete
certification is one where the form is fully executed and the supporting documents are provided as
applicable.
7. A copy of the construction drawings shall be maintained on file by the Permittee for the life of the
wastewater collection facilities.
Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
205,6A through §143-205,6C,
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities,
10. The issuance of this permit shall not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(local, state and federal) which have jurisdiction, including but not limited to applicable river buffer
rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4
and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands
under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
11. Noncompliance Notification:
The Permittee shall verbally report to a Division of Water Quality employee at the Mooresville
Regional Office, telephone number [phone], as soon as possible, but in no case more than
24 hours or on the next working day, following the occurrence or first knowledge of the occurrence
of either of the following'
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or

b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible, but shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or
[phone]. Persons reporting any of the above occurrences shall file a spill report by
completing Part I of Form CS-SSO (or the most current Division approved form), within five days
following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to ensure that the problem does not recur. Part II of Form CS-SSO (or the most
current Division approved form) can also be completed to show that the SSO was beyond
control.
Permit issued this the 21 st day of April, 2009.
NORTCAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033991
3

Permit No, WQ0033991
April 21, 2009
OwnerlWQCS
H. K. Patel
2501 Sardis Road
Charlotte, NC 28227
PE
Monte Niloreschi, P.E.
Studio 2M Design and Engineering
7205-B Olmstead Drive
Burlington, NC 27215
WQCSNVWTP
Barbara Gross
CMU
5100 Brookshire Blvd
Charlotte, NC 28206
Complete and submit this form to the permit issuing regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
• Supporting design calculations (selected pumps, system curve, operating point, available storage if
portable generator(s) or storage greater than longest past three year outage reliability option selected)
for any pump stations permitted as part of this project
• Changes to the project should be clearly identified on the record drawings or in written summary form.
Permitmodifications are required for any changes resulting in non-compliance with this permit,
regulations or minimum design criteria.
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division. Therefore, it is highly
recommended that this certification be sent in a manner that provides proof of receipt by the
Division
ENGINEER'S CERTIFICATION
E Partial El Final
, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (El periodically, E weekly, ri full time) the construction of Fairfield Inn
and Suites - Crown Point, a Mecklenburg County project for the Permittee, hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the
Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
MOORESVILLE REGIONAL OFFICE
SURFACE WATER PROTECTION
610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE NC 28115
The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions,
4

TRANSMITTAL
To: Dee Browder
Address: 610 E. Center Avenue
Mooresville, NC 28115
Phone 910W-433-3300
Transmitted By:
Mail/UPS
ight
Attached are the following items:
COPIESDATE
4/14/2009
4/13/2009
3/24/2009
12/03/1990
12009
10/2009
These Items are t
For Approval
Courier
From: Monte Moreschi
Date: 04/17/2009
Re: Fairfield Inn, Charlotte
Cc:
Hand Deliver LJ Client Pickup
DESCRIPTION
Check for $480,00
Fast -Track Application
E-mail from owner of Sewer Accepting Connn
Declaration of Easements w/ operational and responsibili
Letter of flow ec ptanc e City of Charlotte
F" I "SE-10/07
USGS Color Map
nsmitted as checked below:
iew & Comment For Your Use D As Requested
is
Additional. Comments:
Dee,
The Declaration of Easements covers the utility connection, responsibilities and liabilities. 1 have
underlined Section B, 11 and part of 13 for ease of review. Also, is an e-mail with contact address and
phone number from the owner of parcel 1 as described in the declaration of easements. It appears that
everyone is notified and the maintenance is covered by the declaration of easements.
Sincerely..
Monte J. Mo chi, E> LEED AP
4771
720 B Olmstead Drive Bur1in ton, NC 2721 540Te1 336,8 13. 1531 Fax 866.7'94,4678

0
Z
USE THE TAB KEY TO MOVE FROM FIELD TO FIELDI
1. OwneriPermlttee:
1a„ Independence Hospitality, Inc,
Full Legal Name c rnpany, munrciippality, HOA, utility, etc.)
1 b/"A
Signing 0
A
(to
ion Number:
pleted by DWQ)
Name and Title (Please review 15A NCAC 2T .01
b) for authorized signing officials!)
The legal entity who will own this system is:
0 Individual 0 Federal Cj Municipality 0 State/County 0 Private Partnership
2501 Sardis Road North
Address
North Carolina
1 h, 704-756-8335
Telephone
"affect (Factl!lty)
2a, Fairfaeki Inn
ief Prot Nar
3. Contact Per col
Monte Moresc
Name and Affiliation
3b, 336-813-1531
1i.
Facsimile
an:
Crown Point, Charlotte
fer to this name)
1 e. Charlotte
City
1g. 28227
Zip Code
HKPATEL1 gmail.com
E-
2b. Meek
County Whe
Project Engineer
Someone Who Can Answer Questions About this Application
3c, Monte.Moreshifudia2M.org
Phone Number
0 Modification (a
2. Owner is 0 Public (skip to Item B(3))
2a. If private, applicant will be;
E-r
, Permit No.
Private (go to Item 2(a))
2b. uIf sold, facilities owned by a
Retaining Ownership (i,e. store, church, single office,, etc.) or
Leasing units (lots, townhomes, etc - skip to Item a3))
0 Selling units (lots, townhomes, etc. -- go to Item B(2b))
0
4a,
Name of WWTF
k
Spirit Master,Furidin � I11 Lt-C
Utiliti
0 Public Utility (Instruction
0 Homeowner Assoc./Developer (instruction a
ent Facility (1+W"1 F) Treating Wastewater Fro
Owner of Downstream Sewer
Recei
Gravity
ar Size 0 Force Main
6< The origin of this wastewater is (check all that apply):
0 Residential Subdivision
0 Apartments/Condominiums
0 Mobile Home Park
0 School
0 Restaurant
0 Office
This Project
4b_ NC0024970
WWTF Permit No.
Q Retail (Stores, shopping centers)
0 Institution
0 Hospital
0 Church
0 Nursing Home
Other (specify):
7, Volume of wastewater to li or rr
*Do not include future flows or previously
8. If the permitted flow is zero, indicate why:
Hotel
icular project: 11,52090 _.
tions
Domestic/Commercial
% Industrial (attach
description.)
(RO: contact your Regional Office
Pretreatment staff)
% Other (specify):
gallons per day
0 Pump Station, Outfall or Interceptor Line where tiow will be permitted in subsequent permits that connect to this line
Flow has already been allocated in Permit No,
0 Rehabilitation or replacement of existing sewer with no new flow expected (see 15A NCAC 02T ,0303 to determine if a
permit is required)
FTA 12/©7

9. Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2T .0114 for
the value in Item B(7) ANDIOR the design flow for line or pump station sizing if a reduced or zero flow is being requested in
Item B(7). Values other than that in 15A NCAC 2T .0114 (b) and (o) must be supported with actual water or wastewater use
data in accordance with 15A.NCAC 2T .0114 (f).
96 Room Hotel X 120 Gallons per Room =1.1,520.00 Gallon per Day
•
10. Summary of Sewer Lines to be Permitted (attach additional sheets if necessary)
i
Size (inches)
- Length (feet)
New Gravity or Additional
Force Main
8"
1,160.94
New Gravity
111.
Summary of Pump Stations wl associated Force Mains to be Permitted (attach additional sheets as necessary)
W
M
Pump Station Location ID .. (self chosen - as shown on planslmap for reference)
Z.
i—
Z(MGD)
0
Design Flow
Operational Point
GPM @TDH
Power Reliability Option
1 - permanent generator wIATS;
2 - portable generator wIMTS
Force Main Size
Force Main Length
V
Z•
-
0
IPump
Station Location ID
(self chosen -
as shown on plans/map
for reference)
Et
O
LL
Design Flow
(MGD)
Operational Point
GPM @TDH
Power Reliability Option
1 - permanent generator w!ATS;
2 - portable generator wIMTS
Force Main Size
Force Main Length
Z
F°-
ce
Pump Station Location ID (self chosen - as shown on plans/map for reference)
dDesign
im.
Flow
(MGD)
Operational Point
GPM @TDH
Power Reliability Option
1 - permanent generator w/ATS;
2 - portable generator w/MTS
Force Main Size
,
Force Main Length
12. Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility?
0 Yes ® No If Yes, permit number of 2nd treatment facility
(RO — if "yes" to 8,12 please contact the Central Office PERCS Unit)
13. Does: the sewer system comply with the Minimum Design Criteria for the Fast Track Permitting of Pump Stations and Force
Mains (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC Chapter 2T as
applicable? .
® Yes ❑ No If No, please reference the pertinent minimum design criteria or regulation and indicate why a
variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS
PERTINENT TO THE VARIANCE WITH YOUR APPLICATION
FTA12/07

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14, Have the following permits/certifications been submitted far approval for the system or project to be served?
Wetland/Stream Crossings - General Perrnit or 401Certification? 0 Yes 0 No N/A
Sedimentation and Erosion Control Plan? Yes 0 No 0 N/A
Stormwater? 0 Yes 0 No 4 N/A
15. Does this project include any high priority lines, [see 15A NCAC 02T .0402 (2)] involve aerial lines, siphons, or interference
manholes)? These lines will be considered high priority and must be checked once every, six months
Check if Yes: 0 and provide details No
. Owner/Permittee's Certification: (Signature of Signing Official and Project Name)
1 a.
,A14--affest that this application for Fairfield Inn and Suites Crown Point, Chario e has
been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required pads of
this application are not completed and that if all required supporting documentation and attachments are not included,
this application package is subject to being returned as incomplete. Note: In accordance with North Carolina General f
Statutes 143-215.6A and 143-215,6B, any person who knowingly makes any false statement, representation, or
certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000
as well as civil penalties up to $25, 000 per violation.
Signingfficiai Sgnature
Date
ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS
APPLICATION. THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMITY,
u) TO OTHER UTILITIES, DESIGN CALCULATIONS. ETC. REFER TO 15A NCAC 02T *0305
0
2. Professional Engineer's Certification: (Signature of Design Engineer and Project Name)
1, Monte J. Moreschi , attest that this application for Fairfield Innffind Suites — crown Point. Charlotte has been reviewed
by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and all other
supporting documentation to the best of my knowledge. I further attest that to the best of my knowledge the proposed
design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design Criteria for
LU Gravity Sewers adopted Febniary 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump
O Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance.
Although other professionals may have developed certain portions of this submittal package, inclusion of these materials
under my signature and seal signifies that 1 have reviewed this material and have judged it to be consistent with the
proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly
makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor
which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
2a. Monte Moreschi
Professional Engineer Name
2b. Studio 2M Design and Engineering, PC
Engineering Firm
2c. 7205-B Olmstead Drive
Mailing Address
2d. Burlintgon 2e. NC
City State Zip
2g. 336-813-1531 2h. 866-.794-4678
Telephone Facsimile
E-mail NC PE Seal, Signature & Date
VI:A 2 7

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From: "Cathy Phillips"' <Thigh's a),SjritFin
Date: March 24, 2009 8:56:41 PM EDT
To: "HK Patel" <hkpatelliij:ffnail,corn>
Subject: RE: Fairfield Inn
HK, 1 min the process of reviewing the CC&Rs retoted to this property, It does appear as though
all owners have access rights for placement of utility lines„. If acceptable, please use this letter as
confirmation that Spirit is aware of this obligation so you can meet your deadlines with the city, I
believe that although you have these rights„ we will need to enter into an agree ent regarding the
repair of the property upon completion of the project 111 confirm with you if this is true or not
once I complete my review of the documents,
Thanks'
Cathy Phillips
Spirit Finance Capital Management Company
14631 N. Scottsdale Road, Suite 200
Scottsdale, AZ 85254
Phone: [phone]
Fax [phone]

of 14)
driveways, parking eras
arose, drsinago faciliti
fecilitios and other fat
saris* toy exist from ties
limitation, the drivscray
Parcel 6, which runs
Ind.psndanno Boulevard.
07 Pas O4t6/o420 +Ps.0475
IWaWPM Idhi A. PCMitRB.AEC19tLR CIF MS MEp(. chi. M.G.
1HIS DEC LAB,C!tTZON 0
1990 (hereinafter referral to as
Michigan corporation whose address
Michigan 48084 (bareinaftsr refereed to
RECITALS*
so of the 30th day of Novsmbsr,
atton") by IMART CORPORATION, a
0 Neat 'Dig 3a.vor Road, Troy,
Kmart").
A. Roan is the mow of certain psro•is of laced d*.L noted
parcels 1, 2, 3, 4, 5 end 6 (as more particularly dos bed in
attaohed bonito) ('Parcels 1, 2, 3, 4, 5 and 6 being soarstimes
llsotiv*ly r.fsrrsd to as the "Shopping C.ntsr")# and
the
C.ntar! ..m..
and it
NOW, THEREPil
d•olar•d upon and for
follows:
ere here')y
of Parotid,*
1. The tare "Common Areas" shall aa** all •
walks, service drive., Undoes,
d, imposed, and
4, 5 sad 6 as
o*s, omits,
pleanting
r*tein ing walls, directional •ignns, lighting
les and are** intended for common u as the
time on the Shopping Center, including, without
oaet.d between Psro.ls 4 and 5, over a portion of
from tba northaasterly boundary of Parcel 5 to
2. Th. tort "owner" so used herein shall soon the owner of a fee
a *pie interest in Parosls 1, 2, 3, 4, 3 and 6 or any portion of them.
3. Thor* is horoby deal*rod for the benefit of Partial 1 and any
arnd all parte thereof and for the bonefit of React and future owners of
Parcel 1, their respective succ*osors, assigns, snortga;.*a, Laos's,
sublessees, and employees, agents, customers, licensee*, and invitees, a
p.remnant, non-exclusive .asasesnt wad right to us* the Common Arose of
Pacsrctele 2, 30 4, 5 and 6.
4. Thar* is har.by declared for the benefit of Portal 2 and any
parts thereof and for the benefit of Kmart snd future owners of
2, their respective sueasesors, assigns, mortgagees, lane.:,
wan, and employees, agents, customers, licensees, and invitees, a
permanent, non-exclusive assonant and right to we the Common Axe*. of
Parcels 1, 3, 4, 5 and 6.

•
•
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(wage 4 of, 13)
For the purposes of paragraphs 13 and 14 he.raof, the
rty '("R.sponaibls Party") shall be deemed to b. the *amoral
4, 3 and 6, .a the ease may ba. Bash Responsible. Party
th* Common Ara.. of thy, Parcel 'cihich it cow to bo
paired and saainteined in a *stet sightly and serviceable
repair and msintepance shall include' cleaning, lighting,
ing, landscaping, removing garbage. snd trash, r.moving
sr, avatar and ice, repairing and ..rvioirag the parking
driveway*, planting areas, detention ponds, septic
facilities, r.taining walls, diraotional signs,
pt for.., any, tie-tn 1in rpctt
hose. uilitie* draoribed
11t
reaponaibil,itx o'
rha'ii ` si.* be timed is
ins; and (b) comprrobenaiva
stool to be maintained in
spect to bodily injury or
death to any one psreoar fit} at least Rr000,000 with rsspott to bodily
injury or death arising out of any ores oocsrrsnca, and (iii) at lsa.t
$2,000►000 with r.apeat to property daassge. atiatng oat of any one
o@ourrenoe, prrovidsd, hw'aysr, that (a) so long so limart is the owner or
lama* of any Portal and Ysuart's tangible nnet worth, daterninod in
accordance with generally accepted ao mounting principles, is in *moose of
$loo,400,a00, Mort may self -insure against the risks which would otherwise
la covered by Om tneurane* required under this paragraph 13(b), and (y) so
long as American Fare i. the Issas. of ?stools 1 and 2 it may .aif-insure
against the rieica thick would othstwi.s be cowered by the insurance.
required under this paragraph 13(b) if and to tha a*tant it is p.zmitt.d to
s.if-infers its obligations under its Loess of suolb Parcel., provided,
furth.r, however, that such self-Ln.uranc. by 'hurt or American Fare as
lemma of any Parcel shell, be doomed to satisfy the insursnos obligation
heretandar For tha owner of such paroal.
14. In the avant the Responsible Party shall fail to perform its
obligations und.r paragraph 11 or paragraph 19 laraol, the owners crf the.
other Parcels or any of them may sand notice to the R.sponsibl. Party fat-
ting forth the obligation which the Raaponaible Party has failed to
perform. In tits .v.nt each obligation is not performed within thirty (30)
days altar receipt of such notice (unless the R.sponsibie Party shall have
comaan_cad to perform the saws within such period and shall bee diligently
proceeding to perform the .ams), than the avners of the other Parcala or
any of thou upon tern (10) days prior written notice to the iaapronsible
Party shall hove. the right, but not the. obligation, to perf*rm the acme.
The Raaponsibla Party *ball not be' deemed to have failed to perform its
obligations hersundar for ao long as such delay is dual solely to strikes,
lockouts, inability to procure materials, power failure, acts of God,
governmental restrictions, enemy action,, civil commotion, fire, unavoidable
casualty or other cawa.s beyond the control of the Responsible. Party,
provided that lack of funds shall not be deemed a caws beyond the control
of tha R..ponsibl. Party.

(page's of 13)
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d= t
_ f - r{'
In ,the avant failure to ,perform any reir or msintenaace•causes ; pa
en emergency, or performance of such repair or maintenence is necessary to .•,-
prevent or relieve 'en emirgenoy, or• if the Responsible Piety hes not
obtained the insurance required above.'then the notice required to be given .•
hereunder need only ba•such reasonable notice, LE any, as to warranted by
the nature of the specific condition involved. If appropriate action is , - '•
not timely taken by the Responsible Party, the owners of .the Other Parcels._ • •v r
or any of them shall be entitled, but not obligated, to perform immediately
such repair or maintenance, or to obtain such insurance. ..
In the- event , the *liners of the other' Percale or any of them -.
perform say of the obligstiona of the Responsible Party as eforeseid,_auch
owners or owner enperforming .shall lbe untitled to reimbursement from the •
defaulting Riipbnsible Patty for any,costs,,incurred in so performing within
thirty (30) days .of,;'prssentetion of ths;*ppropriate statement therefor,.
failing which, 14 addition to any other•raasdies it may Save', the cvner(s)-
'SD performing sba11 hove alien against the real -property and improvements
of the defaulting Responsible Party for th* unpaid amount together with
interest therson.from the diets .said- rsimburssment •was due at the rate of
152 par.*nqui Or the highest rats, permitted ,byelaw, whichever is lower.
Such lien -May be enforoed as,provided in paragraph 27 hereof. , :,s ..
,
;:15,: At no time shall .atiy owner or ,- lessee erect or .construct or ,
canals or permit to be.areoted or constructed sny•lence,.vsll or other bar-,
rier betvisn Psraeis 1',' 2, 1, 4, S •and 6 or in any manner interfere with or
rsstriet the ,lull - end complete use and enjoyment by, any petty of -the *us -
wants granted ,hereunder. . , - ' , , •, - .,
'16.•All rights created by 'thin Dsolaration era subject to the
terms hereof and "to the right. and ponear. of the owners of the various Par-
cels by -unanimous 'agreement to impose such rules ant restrictions governing
the use of 'easements es they may, , from time • to tins.deea nsosasary..or ap-
propriate; provided that say such rules or restrictions shall not un-
reasonably,intecEere with the sxeroiss.of the easements established herein.
Nothing contained herein shall be oonstrusd ,to dedicate any portion -of the
Shopping Center to the public.:
17, 'Parcel 3 may be developed into not more thsn...one (1)
building, which shall not exceed 6,000, square..feet in floor,area nor more
than twenty-five (2A') feet in,hsight. The exact location and sise:oE the
building located thereon shall be subject to the approval of.Ameriaan Pare'
for so long ss it :is the lasses, of Parcel 1, its succteaorsr and assigns, and thereafter. the' owner of Parcel . 1s which ,approval will not be --
unreasonably withheld :for so long se , •uch. -,wise end aooetion comply with '—
applicable ordinance. (without variance therefor). : ". •
18`• 'The owner of each Parcel-• in' the... Shopping r Center shall •
msintain,'.or douse to be maintained,, --in- a safe, clean and tenantable
condition and in,good order and repeat', consistent inAmsnner and appearance •
with a first-class shopping - canter,, all _build-ings (including, • but not
-5r

(Page 6 of 13)
lizeit.d , all loading docks, truck faci'liti�ruuw and spactor areas)
located on eta r.apactive. Pascal.
14. Thera shall at all ties b+s rcnv/And And eh
Parcel st least the nsinimum number of autosxsbile packing apace, requited
for 'soh Parcel umber the applicable loaa1 ordiaanao r.lstina to parking
requirement,.
20. The Shopping, Cantor and any portion th.roof shall be used, if
at a11, only for tho construction, operstion and maintsnanot tharson of
retail mercantile businesses, finwncisl institutions and related facilities
common to family -typo retail shopping centers* and for Common Areas
relating to and necaassry to the operation of the foregoing. Tho Shopping
Coatet and any portion thereof shall not be ua.d for vac.housirng (Other
than the temporary storage of fixtures, .quipaant and inventory by an
occupant of tine Shopping Canter), industrial, manufacturing, vhol.saling,
or r.sidential prrpo.s., anecapt for the etorage sndf or manufacture of such
good, sa aro r.qutrad as a naoossary incident to two conduct of a
porticular retail mercantile business, or for business or profes.ionol
offices. For so long as tho building on Pares, 1 is used to a retail
department .tors, no portion of th.. Shopping Canter .ball be used for (i)
entertainment or recreational purposes, whichfor purposes haraof shall
include, without limitation, a bowling allay, skating rink, health studio
or gym► billiard room, game arcade or amuasm nt canter, theater, bar or
tavern (except share incidental to the operation of a restaurant or
doltcat..aan), an "+adult" book store or mesas&, parlor nor (14 a "training
or aducationsi facility", which for purposes hereof shall include, trithoout
limitation, a barmy school: barb.r Gong*, reading rocs, place of
instruction or any other operation catering primarily to students or
train..s rather than to cuotomers. Notwithstanding anything to the
contrary contained heroin, one (1) oarabics or health studio not to excised
3,000 square feat in floor ores shall be permitted,
21, The following signs shall ha parmitt.d in the Shopping
C•ntern (a) directional eians for guidance upon the perkinng, and driveway
arena, (b) exterior building idsntitication signs of any Adagio occupant of
the building crew of the Shopping Canter occupying at Least ton thousand
(10,000) aquar* foot of floor area in th. Shopping Cantor► so .long as ouch
signs are similar to tha standard identification signs from tiros to time
baing used by any suoh occupant in its other stores in similar shopping
enters in the *tote in which the Shopping Ceotor is locatod or if American
Fare for so long as it is the least* of Parcel 1, it. successors and
asaigns, and thereafter the owner of Parcel 1, shall approve such sign,
provided that ouch approval shall ba daeszod to have b..n given with respect
to any sign ■ubstsntisily identical in quality, format and design to other
signs currently in the Shopping Canter; (c) exterior building
id.ntif:ication sign of any sinala occupant of the building areas of the
Shopping Canter occupying loss than ten thousand {10,000) sonars feat of
floor ores in the Shopping Canter, if Asaarican Taro for so long as it is
the lessee of Parcel 1, its successors and assign, and th.reaft.r the
owrnar of Parcel 1, shall approve such sign* provided that such approval

(Page •7 of 1'�)
•
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•
shall be dilemma to hove been -given with sepses toanyr sign substantially "=
identical in•.quslity, format and 'design to • other signs currently loth*" '
!hopping Canter; (d) a temporary alga identifying the lsnder(s)-providing
construction end/or po:manent financing for any improvcatont to he locntod
in the Shopping Center,.(.) a sign or signs identifying an autoeoatad teilsr
ntachins(a), ors miler finsnoisl. equipment - operated' on any of ties wilding •
-
areas so. long; as . siosf lax to other such - iigns''iri first -else. shopping =
centers in the stem. .in which' the Shopping Center i$ located, and (i) one -
.(1) pylon (monument) sign at the spprouimata location;depicted an Exhibit 8-
hereto. No otbor,•signs.shsll be erected or mainta*nid upon the Common Aroas
or building areas of .theShopping Canter without the prior written approval
of American Fars for to long as it is the lessee of- Pareal 1, its _
successors and assigns, and thsreeftsr - the- (Amor of Parcel 1; +whioh
approval shall not be unrossonsbly naitbbald. In no event shall any sign be
installed on the roof of a -building• or whioh projects above the top of any
parapet wall.,or,roof line if it is' to-bs' affixed to the ibis of .-building
not having•' .parapets wall ,unless• such sign is of a design which is
custoWaary and commonly used by the" occupant- of-ths building On Partial 1;
Each building identification sign locitid.'in'ths Shopping Center '
and vhioh identifdaa a single • Shopping- Canter Occupant -Shall. be-sdaintained ,
in good condition• and repair by the Shopping Canter o-o upsnt idenit`ifisd'on-
suoh building identification sign:
22. Poz-so long as•American Fare.ah*1I be the lesees of Piteel.-1,
American Fore shall how the - right eat .any time to r.confi'rure• the= Common--` 'Arose without -the cossssnt of any owner, provided, ltovsvir, that the oonsant.
of all osmarn shall bib .iequirad for' th. -reconfiguration' or 'hang* in '
location of any entrance/exit located adjacent to Parcel. -3, 4, 5-`ind 6
which consents in either avant shall not be unreasonably vititheld, and
utility service to Parcel■ 2, 3, 4,. 5 and 6 shall -not• b: "adversity affected
thereby, and no such raconfiguration shall' risislt in any - c*tevial
impairatant of davalopability of the- Parma 'undiz `applicablo zoning,nor
shall it materially interfere With -the use Of the' Parcel aftar it`has`bssn
improved. For the purpose of this paragraph 22, American Pare, it.
successors -and assigns, shell be deemed the °owwner" of Psroels'i and 2 for
so long os it is the lemma of Parcels 1 and 2.
23. All easements and covenants' contained' in thiiOsalaration`'
shall run with and against the land so dascribad and shall, except to the
atetent otherotoe specifically provided in this Declaration, be a benefit
thereto and a burden thereon. •
•
24., This -Declaration shall 'be' bindifg upon and inure to 'the' Una -
fit of the parties designated 'harsin,.'their heiri, executors, administra-
tors, beneficiaries, successors and assigns; 'provided that the rispactive
owners from timo to:.tdma of the Parcels forming the Shopping Center shall,
be liable in monay damogas and aubj.nt to.actiono'•for specific performance
for breaches of the undertakings contained-ia'this'Diclaration occurring
during their' rsspactiva periods .of. ownership of 'each Parcel; provided
further, however, that each succensor.in-title to.any of ton ,Paresls-.hall

(Page 8 of 13)
•4..._. F. r..� tab' ,t-+.•
be subject only; to an action for appoific parfozmance with respect to
breaches of undertakings hereunder vbioh ,ocourrad during.ths ownorship of
any predecessor -in -title. _ -
25. Upon the written request of the owner of any of the.Paraels
forming ,th. Shopping Center,: the than owner. of the other Parcels or any
portion:tharaof shall execute and. deliver, within fifteen (15) days after
receipt of such request, a ctrtificats certifying that there are no known
defaults ont the part of Ono party bound by this Declaration, or, if there
be such defaults, specifying the particulars of such defaults end the ac-
tion required to remedy, them, certifying that there are. no set -offs or
dafsnses to the enforcement of the terms of this Declaration, or if there
ars, specifying the particulars of such act -offs or defenses.-
26. Notwithstanding. any , of the foregoing provisions •of this
Declaration to the contrary, except to -the extent 'of their respectiva
intaraets- in Paresis 1, 2, 3, 4, 5 .. and 6,• no owner of any parcel (ercapt
with respect to the if4uranoa obligation under paragraph 13(b)' in the 'avant
that Kmart or Amorioas% Pars chooses to ■alf..insure) shall have any personal
liability for,any claim arising under or otharviss in connection with this
Declaration; provide$4, hos/wi , that nothing contained in this paragraph 26-
sball be conotrusdas impairing in any .neuter (i) the validity of the
obligations imposed under the Declaration or (ii) the lien rights provided
pursuant to paragraph 24 above, or (fie) the rights of any party to bring
suit in equity for 'pacific performance of the obligations of another party
bound hersundari•providsd further, however, that any owner which transfere
its interest -in a Ysres1 while monies are owing hereunder due to the acts
or omissions of said owner .ball continue. to be -liable for such sumo
notwithatending the transfer.
27. The 11an providad £or,in paragraph 14 above may be filed of
record as a claim of lira against the defaulting Responsible Patty and such
Party'. Parcel in the Office .of the Ragistar of Duds for Mecklenburg
County, North Carolina signed and verified, and .hall contain; •
(a) A at&temont of•ths'wtpaid amount of costs and expenses;
(b) A description sufficient for identification of the
property which is the subject of the lien; and •_
(c) The name and owner or reputed ownar of the property
which is tine subject of the lien. -
Such lien, _when ■o established against the roll property
described in said lien, shall be prior and superior to any right, title,
interest, lien or claim which may be or has been acquired or attached to
ouch real property after the time of, such lien{ provided, however, that
such lien shill ba subordinate to the intermit of any mortgagee or tenant
of said real property, irraapectivs of -when said mortgagee's or tenant's
interact attached. Such 1ian, .hall be enforced and foreclosad- -ins a suit Or
action in any court of eompatont jurisdiction. -
.8-

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(Page 10 of 13)
-
PARCEL
•
• AFRO[" A PARCEL OF LAND IN THE CITY OF" CHARL0?T , 111EC><L13NRURG COUNTY, NORTH
CAROLINA AND -BEING WOMAN A9 L0T 5 OF THE .FI21AL PLAT 07 A PORTION 0?. CROWNPOINT '
HOTEL JRZI'AIL `COl3PLEX AS RECORDED; IN MAP 800X ' 24 AT 1?AG1.84 OF T1111. MECKLENBUA" '
COUNTY PUBLIC REGISTRY AIID,BEING MORE PARTICULARLY DEeCRIEZD AS ?oLLOW$r:-. • •
BEGINNING AT A UEV IRON Pita ON THE EASTERN RIGHT-OF-WAY OP Ill tLD DRiVL' (80 ..:.
FOOT RIGHT -OP -WAY) SAID POINT BEING TWO'(2) COURSES FROM THE INTERSECTION Op TfE
NORTHEASTERN RIONT-OF-WAX OF iKREFELD DRIVE AND-TRE NORTHWESTERN RIGHT-DF-VAY OP
SARDXS ROAD )IO2T1 (140 l04T RIGHT-OF-WAY); (1) NORTH 28° 09' 45" WEST, 42.36:
F'EST TO A POINT; (2) WITH THtE - ARC OF A CIRCULAR CURVE TO° TH11- LEPT i;AVXNG A. '
-RADIUS OF 995.00 MEET ' AN ARC D=ST'ANG& 0! 162.60 PEST (SUBTENDED BT A CHQRD
.BEARING NORTH 320 50' 38" WEST, 162.42 ,FEET), TO THE TRUE. POINT AND- PLACE- O? •
BEGINNING: THENCE WITH THE RIGHT -OF -HAT OF* KM= DRIVE, .ill'!) THE ARC 0?_A
CIRCULAR cum Toting LEFT HAYING A RADIUS OF 995.00 FEET A21 ARO DISTANCE OF
106.37 FEET (SUBTENDED ST A CHORD )SEARING NORTH 40' 35' 301 WEST, 106.52 rasp
TO AN ;MUTING IRON PIN; THENCE NORTH 434 39' 45° WEST, 398:00 FEET TO AN
EXISTING IRON PIN; THENCE WITH THE ARC OP A CIRCULAR CURVE TO THE EIGHT HAVING A _
RADIUS. OP 915.00 FEET AN ARC DISTANCE OF D20.80 PEST, (SUATENDZD BY A CHORD,
BEARING NORTH 36. 44' 58" WEST, 220.27 MEET) TO A POINT IN THE:CENTERLINE OF..--
IRVINGS CREEK; THENCE WITH THE CENTERLINE OF IRV13OS OBNEX AND THE SOUTHERN LINE . •
OF PROPERTY M D BY - MECit1;,ENBURG COUNTY AS RECORDED IN DEED 11OOX 4662 AT PAGE
767 OF 1N11 MECXLISBURO`COUNTT PUBLIC- *1E0201AY TWELVE (12)'COURS1S AB:POLLOWB,-
(I) NORTH 674 15' 23" OAST, 6.55' P511 TO A P012IT; -(2) NORTH 27! 01' 38" WEST,.
76.76 FEET TO A POINT:- (3) N01(18 12• 53'' 38" LEAST, .109.70 P11T 1+0 A POINT; (4) -
21011TH 53. 33' 10" EAST, 156.32 TSET TO A POINT; (5) NORTH 61'`38'"24" EAST,
211.10 1►EET TO A POINT; (6).NOR12 12• 08' 35' EAST, 97.67 PEET TO A POINT) (7)..
NORTH 57° 45' 37" QAST, 115.58 FEET TO A POINT; (8) NORTH 87° 53' 27" EAST, -
57.37 FEET TO A POINT; (9) NORTH 494 31' 37' EAST, 131.13 FEET 'MA POINT; (10)
SOUTH 67. 54' 21" EAST, 34.44 FEET x0 A POINT; (11) NORTH 88* 41' 50" EAST, .
92.69 FELT TO A POINT; (12) NORTH 56' _ 13' 00" 1EAST, •31.45 FEET TO A POINT;
THENCE A NEW LINE SOUTH34° 50' 34" EAST, 982.46 Plr!T T+O AN EXISTINGIRON PIN ON
THE NORTHERN RIGHT-OF-WAY OF 11*3028 ROAD NORTH: TOE21Cr WITN SAID RIGHT-OF-WAY
THREE (3) COURSES AS FOLLOWS: (1) SOUTH 55' 09' 24" TMRBT, 60.00 FEET TO AN -
EXISTINO IRON PIN; (2)'TH5NO5 SOUTH 34° 50'. 36" ]EAST, 42.50 FEET TO AN EXISTING
IRON PIN; (3) 1H1NQ5 .SOUTH 55• '09' 24" WEST, 560.71 FEET TO A NEW IRON PI21; •
THENCE LEAVXNG THE RIGHT-OF-WAY OF SARDIS ROAD 80*111 •T 5 (3) COURSES AS
FOLLOWS' (1) NORTH 34° 50' 36" HEST, .203.92 TEST TO A NEW IRON FIN 12)-NORTH
79° 50' 36' WEST, 15.00 FEET 'x0 A NEW IRON P/N; (3) SOUTH 'S3409'- •24■ WM, -
246,91 FEET TO :T1 POINT AND PLACE• OF 11101852210 w11D COAT 31a337 ' ACALS ' •
•
;. i •- . S.

(Page.11 or 33)
•
l'
_
ARCM. 2 • - • . .. '
BEING A PARCEL .Or LAND - IN THE ' CflY o7 C13ARL0TT13D totatr,>EN5U a,cO[tN?Y, NCPTi
CAROLINA, AND- BEING EN0141 AS LOT 50 OF, THE EIIIAL PLAT OF A PORTION OF CROWNPOINI
HOTEL/RETAIL COMPLEX A8 RECORDED,IN NAP BOCK 24 AT }SAGE ,84.07 'T1 -MECK. ABERG
COUNTY PUBLIC 'REGISTRY .AND BEING MORE: PARTICULARLY, DESCRIBED AS YOLLOWS1 " - -
BEGINNING AT A ropy ON .,THE , NESTERS RIOBT.01-WAY '07 MELD DRLVE (80-POOT '•
RIGHT-OF-WAY) Tills - NORTHEASTERN CORNER OF, LOT ;6 07 • CROWNPDXK? HOTEL/R*TAIL
COMPLEX AS RECORDED. •0ti.MAP BOOK 22 ,AT PAO! 680 OF THE .14ECitLENSVG COUNT! PUBLIC -
REGISTRY; THEWS WITH. NORTHER!. LINE OF LOT r 6 SOUTH- 62• '34'. 00" 'WEST. 135.37 FEET-
TO A POINT ON THE EASTERN LINE 01' PHASE 1 Ill.00! 2 OF .CROWN CENTRE ExECUTXVE: PARZ
AS RECORDED IN' ,MAP BOOK ,21':AT 'PAOE, 077 OF THE. MECKLENBURG COUNTY 'PUBLIC -
REGISTRY; THIENCK Wmi CROWN, CENTRE EXECUTIVE; .,. PARE" S EASTERN LINK NORTH .27° 26'
00" WEST 493.86.PEET ,TO -A ,POINT 111 THE CENTERLINE OF IRVINOS,°CREEK; %HENCE'wITH'
THE CENTE3LLNE"'Or IAVSNGS•'cal= NORTH 67° 11S' , 23'•'EAST 24..84.YEE? ,TO A'POINT ON
THE WESTERN RIGHT-0P.4MY OF KREFELD DRIVE;- THE)ICE.WITH SAID RIOBTw47-WAY WITH
THE ARC 0! A CIRCULAR CURVE TO THE LEFT 'HAYING A RADIUS OF 995.00. FEET 'All ARC
DISTANCE OF 250.06 FEET (SUBTENDED • 3! A ,CHORD -SEARING SOUTH 36° Zi' 47" EAST '
249.40 pair) TO A POINT! THERM SOUTH 43' 39' - 4$" •2AST 255.71:7EXT TO TIM TOOT
AND PLACE 0!• SEGINNIZ40 AND CONTAINING 0.783 AQ* ES. _ ' - . • - - - -
•
PARCEL ,1
'BETNO A PARCEL 0? • LAND 'IN THE CITY 0l, CHARLOT"?E, MECKLENBURG COUKTY, NO3tzlr -
CAROLINA AND BEING X001IN AS' LOT 3A OF THE'FINAL rum 07 A 70A7Iox or CROWt4EOINT `
HOTEL/RETAIL COMPLEX A9 RECORDED IN MAP BOOK 24 AT PACE 04 0? THE MECELENBURO
COUNTY PU3LI0 REGISTRY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT AT THE INTERSECTION 07 THE 1LA8TERN RIGHT-OF-WAY OF KREFELD
DRIVE (80 FOOT RIGHT -Or -WAY) AND THE "NORTHERN 3IOHT-07MAY- 07'SARDIS ROAD -NORTH
(100 FOOT ItXOHT.OP-WAY) . 78200E CONTINUING fir7'H ' THE R1OHT-01..WAAT OF' KREFELD `
DRIVE NORTH 28°.OP' '45". WEST 42.36 SLIT TO A POINT. THENCE ,WITH. THE -ARC •Or A :''
CIRCULAR CUM 70 THRt• LIFT NAVXNG A RADIUS 0? 995.00 : FtZ p AN ARC 'DISTANCE 0!
162.60 PEET (SUBTENDED BY A CHORD BEARING NORTH 32° 50' SS" WEST 162.42 FEET .TO
A POINT; THENCE LEAVING. THE , 3XCUT'O!-STAY Of KRE7ELA DRIVE . THRt$ (3) NEW LINES
THROUGH LOT 5 07 CRO1NPOINT H0llL1AE?AIL COMPLEX AS FOLLOV$, (1) NORTH 55° 09+"T
24" FAST 246.9i ?E1ET.TO :'POINT; (2) SOUTH. 79° 50' 36. !EAST 15.00 PENx'T0 A
POINTi (3) SOUTH 14! 30' 36" HAUT 203.92 PUT TO A 7OINT ON TN 1C378230 210E ?- -.
or -war OP SARDIS ROAD NORTH; THERE - WITH $AID RIGHT -OP -VAT BODIN 35. 0!' 24"
WR3ST 74.27 rE Er '7T0 A POINT; THENCE WITH THE ARC OE A CIRCULAR CIRVE.TO THE ,SIGH? -,•
HAVING A RADIUS -0F 1859.86 138?, AN , ARO DISrAIC! 01' 194.19 738E (SUBTENDED 3Y A - .
CHORD BEING SOUTH 58. OR" • 52" WEST- 194.10 PUT) .70 TESt, -PO :AND PLACE :01`
BEGINNING co CONTAINING .1.263 AGREE. - • . ` ; . -
4

Wage 12 of 13)
RT.0TTE y NEMMENEUWa CO
PLAT OF A. PORTION OF C1POI16T
24 AT PAGE 84 01 THE NECEIANSURO
TC Y mono AR V01.LOWB;
0 AT A POINT SAID POINT BEING LOCATED NORTH 34• 50' 36• WEST 2611.55
•' THE NORTEWiSTERN CORNER OF LOT 2 OF CROWNI'OINT HOTEL/RETAIL COMPLEX AS
RECORe Eat IX MAP BOOR 22 AT PAOE 600 07 THE IIECELENSURO COUNTY PUBLIC REGISTRY.
THENCE WITH A NEW LINE THROUGH LOT 3 07 CROWWPOx1IT HOTEL/RETAIL COMPLEX NORTH
34' 50' 36" WEST 426.91 PEET TO A POINT IN THE CENTERLINE OF IRVING CREEs
THENCE WITH THE otlrrEELUNE OF IRVINGS CREEK TWO (2) CALLS AS F0mOW'Si (1) NORTH
56' 15' 00" EAST 346.47 ?UT TO A POINT, (2) 'NORTH SP 20' 57" EAST 105.25 !EE"T
TO A POINT ON THE SOUTHERN LINE Of PR0?E4T1 OWNED SY DONALD W. WILBURN AS
RECORDED IN DEED BOOK 4267 AT PAGE 366 Or Tat MIC?LENBURG COUNTY PUBLIC
REGISTRY; THENCE WITH WIL*UAN'0 SOUTHERN LIME FOUR (4) CALLS AS ?OI.LOWBi (1)
SOUTH 53• 13' 271 EAST 45.41 FEET TO A POINT; (2) SOUTH 63' 21' 42" EAST 67.37
FEET TO A POINTS THENCE WITH THREE NEW LINES THROWN LOT 5 OF CROWKFOINT
HOTEL/RETAIL COMPLEX AS FOLLOWS; (1) WITH THE AEC OF A CIRCULAR CORVM TO THE
RIGHT HAVING A *ADM 0? $482.27; AN AStC 018'TAACE OF 22.40 PEET (SUBTENDED SY A
CHORD MARINO SOUTH 24' 55' O8" EAST 22.40 PEET) TO A POINT; (2) SMITH 24' 50'
36" BAST 171.94 FEET TO A POINT; (3) WITH THE ARC OP A CIRCULAR CURVE TO THE
LEFT HAVING A RADIUS OF 3429.02 PEET AN ARC DISTANCE OF 77.93 PEET (SUBTENDED BY
A CHORD B►EARINO 80U= 23• 29' 40" EAST 77.93 FEET) TO A POINTS (4) SOUTH 55•
09' 24" WEST 439.28 1t8'T TO THE POINT AND PLACE OF 18011U1I1SG A1f10-CONTAINLNO
4.400 ACRES.
PfiRCM 5
DEMO A PARCEL OF LAND IN THE CITY E►1' CIIMRLOTT11t, 28C*LE110U*0 COUNTY, NORTI1
CAROLINA AND SE/NO KNOWN AS LOT 7A OFT 7INAAL PLAT Or A PORT/ON Or CR0III1POIINT
HOTEL/RETAIL COMPLEX AS RECORDED IN MAP BOOK 24 AT PAGE 84 OV T88 IIECXN$URG
COUNTY PUBLIC REGISTRY MW BEING MORE PARTICULARLY DESCRIBED AO r0LL0WSs
BEGINNING AT A POINT THE NORTHWESTERN CORNER OF LOT 2 OF CROW'11POIN? HOTEL/RETAIL
COMPLEX AS RECO*1*D IN NAP BOOK 22 AT PAGE 600 0r THE 218087 ENBURG COUNTY PUBLIC
REGISTRY. SAID POINT 68INO LOCATED NORTH 34' 50' 36" WEST 287.50 FEET FROM THE
NORTHERN RIGHT-07-WAY OF SARDIS ROAD NORTH (100 FOOT RIONIT.0?-1gAY'); THENCE WITH
FOUR NEW LINES THROUGH LOT 5 OF CROWN/0INT HOTEL/RETAIL COMPLEX AS r0LL0218 t (1)
NORTH 34• 50' 36" WEST 268.55 riot? 70 A POINT; (2) NORTH 55• 09' 24" EAST
439.2E 7E8T TO A 707111s (3) WITH THE ARC O1 A 07200LAR CURVE TO THE um HAVING
A RADIUS OF 3429.02 FEET All ARC DISTANCE OF 270.33 FEET (SUBTENDED BY A CHORD
BEARING SOUTH 2'8• 24' 14" EAST 270.26 PEET) TO A POINT; (4) SOUTH 53• 09' 24"
WEST 408.97 FEET TO Tat POINT AND PLACE O1 BEGINNING AND CONTAIN/NO 2,604 ACERB.

(Page 13 of 3)
•7 ••A ;
4, "�.�' �': �` •'�:" S:'1'' �•.��': i'•a`•;I:..a:. ..TYiiL�� .•::. �1t. •r F•''�T
•, [ :/•'•:� ••- •i. f•y ••• • 4 '- •fir•. �•,•
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•
PARCEL 6 .
• - . _ -... -.. - %'{ICI'• •.. ...- . .
.•
�•1:•.
BEINtf A PARCEL OF LAND- IN THE CITY of CHARLOTTE, imogr :NIIURG•.COUNrY, - NOitTN
CAROLINA AND BEING - E No11N AN LOT 8 OF THE FINAL PLAT OF• A• POa XoN OF C CVHP0IHT
• HOTELIR$TAXL COMPLEX A9 RECORDED IN !MAP 300Ri 24 AT VACS 84 OF THE MSCYLEIIBU*G
COUNTY PUBLIC REGISTRY AND BEING WORE PARTICULARLY DESCRIBED AB FOLLOWSI
•
- BEGINNING AT A POINT ON 2118 WESTERN RIGHT-OF-WAY or XAST INDEPENDENCE BOULEVARD
' (200 FOOT RIGHT-QF..WAY) THE NOATHEABTtnN CORNER OF. LOT 4 OF CROWNPDXl1T•
1 HOTEL/RETAIL COMPLEX A6 RECORDED XN MAP BOOK 22 AT PAGE 680 OF THE MKCILENBUR°
'COUNTY PUBLIC REGISTRY. TUENCL WITH THE NORTHERN LINE 0f LOT 4 8 61-38-21 V
166.70 PEET TO A POINT: THENCE WITH TOUR (4) NEW -LINES THROUGH toy 3 OF
CROWNPOINT HOTEL/RETAIL COMPLEX AS FOLLOWS, (1) WITH THE ARC OF A -CIRCULAR
CURVE TOTES RIGHT HAVING A RADIUS OF 3429.02 ' MT AN ARC DISTANCE OF 112.64 '
FEET (SUBTENDED BY A CHORD 58ARIN4 II 27-05012 V 112.64 FEET TO A POINTS (2) WITH
2HS ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS Or 3429.02 PEET AN ARC
DISTANCE OF 77.03 FEET (SUBTENDED VA CHORD 88*9INO $ 23-39-40 ii 77.93 FRET) TO'
A POINT, (3) N 24-30-36 V-171.94 FEET TO A POINTS (4) 1ETH TUX ARC OF A CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS of 8482.27 FEET AN ARC DISTAUI OF 22.40 FELT
(SUBTENDED BY A CHORD !MARINO N 24-55-08 V 22.40 F$LT) TO A -POINT ON THE .
SOUTHERN LINE OF PROPERTY OWNED By DONALD i1. WIL1VRti AS RECORDED IN DEED BOOK
4267 AT PAGE 366 OF TES MECKLENBURG COUNTY PUBLIC 280I8TAYt THENCE WITH
WILBURN'O SOUTHERN LIME B 63-21-42 E 217.46 FET TO A POINT ON THE; 118TEEN
RIGHT-0P-WAY OF tax INDEPENDENCE BOULEVARDS THENCE WITS SAID RIGHT-OF-WAY 11
34-52-29 i 208.60 PEST TO THE POINT OF BEQS111INO AHD CoNTAUMMO LOIN *Rs,
• ;
State of North Carolina, County of Mecklenburg
The foregoing Willem aa) of
may /.�.-774.Z��-Q-
Notary(Ie6) Public la/are certified to be correct. This instrument and this certificate
are duly registered at the date and thne and In the Book and Papa shows: an
thy first pale bcreof,
AN . A. ' OWLRS, R 1' _.: s It DEEDS
By
5ED11133511287009
•
•
putt • Rcglatcr of Dead,,
•

HA t twoTTEMECKLENB ,P :G
UTILITIES
March 3, 2009
Mr. Monte Moreschi
Studio 2m Design & Engineering, PC
7205B Olmstead Drive
Burlington, NC 27215
SUBJECT: WATER AND SEWER FLOW ACCEPTANCE
FAIRFIELD INN & SUITES
TAX PARCEL# 193-112-08, -11
C-MU TRACKING #600-49-541
In response to your request, a flow acceptance study of the subject site has been completed and the
following has been determined'
Charlotte -Mecklenburg Utilities agrees to accept the gravity sewage flow of 11,520 gallons per day (96
hotel rooms x120 god/room, 4-inch pool drain) from this project for transmission to the McAlpine Creek
Wastewater Treatment Plant; NPDES permit number NC0024970, for treatment. This acceptance of flow
is based on the existing capacity of the designated publicly owned treatments works. Please see attached
basin map and flow tracking form.
Charlotte -Mecklenburg Utilities agrees to furnish water to the subject project. The water quality to the
subject project is regulated by the State Drinking Water Act Amendments of 1986, and The Water Supply
Management Plan, dated October 2005, (WSMP # 05-01702 & PWS lD # 0160010), on file with the
Public Water Supply Section of NCDENR. However, Charlotte -Mecklenburg Utilities cannot guarantee a
constant pressure or quality of flow..
Due to the involvement of other agencies and continuing growth of the water and sewer system, the
ability to provide service for future projects cannot be guaranteed nor reserved. Connection to the
Charlotte -Mecklenburg Utilities system is accepted on a first come, first served basis.
The applicant should understand that this letter is not authorization to construct private water or sewer
systems, as the appropriate local or State permits are required prior to construction. if the appropriate
authorization to construct mits are not obtained and construction has not started within one (1) year of
issuance of this flow acceptance' and payment for service connection(s) has not been received within ).
year of issuance of this fetter, this flow acceptance approval shall be rescinded and a new flow
acceptance request must be made. if you have any questions, you may contact me at [phone].
Barbara Gross
Engineering Assistant
New Services Section
CHARLOTTE-MECKLENBURGUTILITIES
Customer Service Division • New Services Section
wwrw crnutilities,com
5100 Brookshire Boulevard
Charlotte„ NC 28216
Ph: 704/399-2221
Fax: [phone]

Depart
Flow Tracking/Acceptanc
State of North Carolina.
Environment and Natural Resources
Division of Water Quality
vetiver Extension Permit Applications
(FTSE ._.iO/O7)
Project Applicant Name: Studio 2M Design an
Project'Name for which flow is being requested: Paird field Inn Suites
More than oneVISE- I0/07 may be required fear a single pro/if the owner tithe W1417P is not responsible
pump stations along the route of the proposed wastewater -flow
1. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: McAlpine Creek, r rtrre r!e S a o
b. WWTP Facility Permit #; NC00249?0, NCO 02494s,—NC0024937
vvw-C'P facility's permitted flow
d. Estimated obligated flow not yet tributary to the WWTP
e. WWTP facility's actual avg. flow
f. Total flow for this specific request
g. Total actual and obligated flows to the facility
h. Percent of permitted flow used
TP
All flows are in MGD
10. 3
6�.ss_. .. _._.em..
._ 0 0115 2 m_
7 5.4 8
76.2$
Complete this section for each pump station you are responsi.bie for along the route of th
proposed wastewater flow.
t pump stations located between the project connecti.tn point and the WW'WTP
Pump Station. Name
Approx. Capacity, MGD Approx, Current Avg.
(Firtri/Design)
Daily How, MGD
cen.ify that, to the hest of my knowledge, the addition of the
volume ofwa tewater to be permitted in this project has been evaluated along the route to the r ng
wastewater treattnertt facility and that the flow from this project is not anticipated to cause any capacity
related sanitary sewer overflows or overburden any downstream pump station en route to the receiving
treatment plant under normal circumstances. This analysis has been performed in accordance with local
established policies and procedures using the best available data. This certification applies to those items
listed above in Sections I and :II for which I atn the responsible party. Signature of this form indicates
acceptance of this wastewater flow,
Signature
Signing 0

MyTapo MapServer Page 1 of 1
35* 9' 23" N
4" '12"
136'
80' 44' 12" W
2009 1ulyTopo
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35' 9' 23" N
42' 57" W
8" 22
42' 57" W
http://mapserver.mytopo.com/api/api incluades/navigator.print.cfm ?height=5©4&width 49... 4/13/2009

North Carolina Secretary of State
Page 1 of 1
North Carolina
Elaine F. Marshall DEPARTMENT oFTHE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 (919j807-2000
CORPORATIONS
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Date: 4/21/2009
Click here to:
View Document Filings 1• Sign Up for E-Notifications I
Print apre-populated Annual Report Form I Annual Report Count I File
an Annual Report I
Corporation Names
Name Name Type
NC Independence Legal
Hospitality, Inc.
Business Corporation Information
SOSID: 1028123
Status: Current -Active
Date Formed: 2/18/2008
Citizenship: Domestic
State of inc.: NC
Duration: Perpetual
Registered Agent
Agent Name: Patel, Nayan C.
Registered Office Address: 2011 Veasley Street
Greensboro NC 27407
Registered Mailing 2011 Veasley Street
Address: Greensboro NC 27407
Principal Office Address: _ 2011 Veasley Street
Greensboro NC 27407
Principal Mailing Address: 2011 Veasley Street
Greensboro NC 27407
Stock
Class
Common
Shares
1000
No Par Value
Yes
Par Value
N/A
http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=8744747 4/21/2009

Permit Number WQ0033991
Central Files: APS SWP
04/21/09
Permit Tracking Slip
Program Category
Non -discharge
Permit Type
Gravity Sewer Extension, Pump Stations, & Pressure Sewer
Extensions
Primary Reviewer
michael.parker
Permitted Flow
11520
Facility
Fast Track
Facility Name
Fairfield Inn and Suites - Crown Paint Charlotte
Location Address
Owner
Status
Active
Version
1.00
Project Type
New Project
Permit Classification
Individual
Permit Contact Affiliation
Major/Minor
Minor
Region
Mooresville
County
Mecklenburg
Facility Contact Affiliation
Owner Name
Independence Hospitality Inc
Dates/Events
Owner Type
Non -Government
Owner Affiliation
H Patel
2501 Sardis Rd N
Mint Hill
NC 28227
Orig Issue App Received Draft initiated
04/21/09 04/20/09
Regulated Activities
Hotel/Motel
Wastewater collection
Outfall NULL
Scheduled
Issuance
Public Notice Issue Effective
04/21/09 04/21/09
Requested/Received Events
Additional information requested
Additional information received
Expiration
Waterbody Name Stream Index Number Current Class Subbasin

Des)
Studio►
and Engine
August 12, 2010
Mooresville Regional Office
Surface Water Protection
610 East Center Avenue, Suite .301
Mooresville, NC 28115
Re: Permit No. WQ0033991
Dear Madam or Sir,
,PC
We have enclosed the completed engineer's certificate, along with, a copy of the record drawing.
Any changes made during the construction are clouded on the record drawing and reviewed for
compliance with all state regulations. if you have any questions or need additional information,
please contact Mr. Monte Moreschi by e-mail at mpntc.rr 9r schm rr`!*,tuclmQan1gmg or by phone at
336-813-1531.
Sincerely,
7205E OIrtwead Drive Burlington, NC 2721 5 Tel 336,813, 1 53 1 Fax 866,794.4678

Permit No. WQ0033991
April 21, 2009
Owner/WQCS
H. K Patel
2501 Sardis Road
Charlotte, NC 28227
PE
Monte Moreschi, R.E.
Studio 2M Design and Engineering
7205-B Olmstead Drive
Burlington, NC 27215
WQCS/WWTP
Barbara Gross
CMU
5100 Brookshire Blvd
Charlotte, NC 28206
Complete and submit this form to the permit issuing regional office with the following:
• One copy of the project record drawings (plan & profile views of sewer lines) of the wastewater collection
system extension
Supporting design calculations (selected pumps, system curve, operating point, available storage if
portable generator(s) or storage greater than longest past three year outage reliability option selected)
for any pump stations permitted as part of this project
Changes to the project should be clearly identified on the record drawings or in written summary form.
Permit modifications are required for any changes resulting in non-compliance with this permit,
re ulations or minimum desi n criteria,
This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all
required supporting documentation have been received by the Division: Therefore, it is highly
recommended that this certification be sent in a manner that provides proof of receipt by the
Division.
ENGINEER'S CERTIFICATION
0 Partial
Final
I, .I ORISCNT , as a duly registered Professional Engineer in the State of North Carolina,,
having been authorized to observe ( periodically, © weekly, 0 full time) the construction of Fairfield Inn
and Suites - Crown Point, a Mecklenburg County project for the Permittee, hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the
Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force
Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Pr
nal Engineer's seal, signature, and date:
SEND THIS FORM & SUPPORTING DOCUMENTATION
WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS
MOORESVILLE REGIONAL OFFICE
SURFACE WATER PROTECTION
610 EAST CENTER AVENUE, SUITE 301
MOORESVILLE NC 28115
The Permittee is responsible for tracking all partial certifications up until a final certification is received, Any
wastewater flow made tributary to the wastewater collection system extension prior to completion of this
Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions_