20141144 Ver 1_Shoreline Stabilization_20141028

McGiJI
A S S O C I A T E S
October 24, 2014
Mr Shelton Sullivan
NC DWR 401 and Buffer Permitting Unit
512 N Salisbury Street
Raleigh, North Carolina 27604
Dear Mr. Sullivan
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ENGINEERING & g
RE Town of Cramerton
Canoe Portages and Recreational Piers
Town of Cramerton
Gaston County, North Carolina
Enclosed are five (5) copies of the completed PCN document for the Town of Cramerton
portages and pier construction The PCN has been completed, and signed by the Town of
Cramerton I am also enclosing additional maps and documents for clarification, locations, and
structure details The same package has been sent to Mr David Brown at the Army Corp of
Engineers office in Asheville A check of $240 00 for the 401 certification is also enclosed
Should you have any questions or are in need of additional information, please do not
hesitate to contact me at (828) 328 -2024
Sincerely,
McGILL ASSOCIATES, P A
CHRISTINE BROWN, CPSWQ, CPESC
Engineering Technician III
Enclosures
cc Mr Michael Peoples, Town of Cramerton
Mr David Brown, USACE Asheville Officer
F \2014 PROJECTS \14 01416 TOWN OF CRAMERTON - Catawba River Piers and Canoe Portage \02_Design
Phase \Correspondence\DWQ_Id_Transmittal 240ctl4 doe
1240 19th Street, Lane NW PO Box 1136 7h 828 328 2024
Hickory, North Carolina 28601 Hickory, North Carolina 28603 ( 828 328 3870 www mcgiltengmeers corn

o�OF WATF9oG Office Use Only
x 2 0 1 4 1 1 4 4 Corps action ID o
o DWQ project
Form Version ua 2009
IDENR - WA rER RESOURCES I
401 & BUFFER PERMITTING
Page 1 of 10
PCN Form — Version 1 4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
la
Type(s) of approval sought from the Corps
❑ Section 404 Permit ❑X Section 10 Permit
1 b Specify Nationwide Permit (NWP) number or General Permit (GP) number 197800056
1c
Has the NWP or GP number been verified by the Corps?
❑ Yes X❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification
❑ Yes X❑ No
For the record only for Corps Permit
❑ Yes No
1f
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program
❑ Yes ❑X No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1h
below
❑ Yes ❑X No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑x No
2.
Project Information
2a
Name of project
Canoe Portages and Observation Piers Town of Cramerton
2b
County
Gaston
2c
Nearest municipality / town
Town of Cramerton
2d
Subdivision name
N/A
2e
NCDOT only, T I P or state project no
3.
Owner Information
3a
Name(s) on Recorded Deed
Rights for the facilities will be conveyed to Town of Cramerton (FERC Permit)
3b
Deed Book and Page No
#1 B 4589 P 1184, #2 B 2993 P 0951, #2 B 3881 P 0976, #4 B 4654 P 2441
3c
Responsible Party (for LLC if
applicable)
N/A
3d
Street address
155 North Main Street
3e
City, state, zip
Cramerton, North Carolina 28032
3f
Telephone no
(704) 824 -4337
Lj'
=
3g
Fax no
3h
Email address
mpeoples @cramerton org
0
IDENR - WA rER RESOURCES I
401 & BUFFER PERMITTING
Page 1 of 10
PCN Form — Version 1 4 January 2009

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other, specify
4b
Name
4c
Business name
(if applicable)
4d
Street address
4e
City, state, zip
4f
Telephone no
4g
Fax no
4h
Email address
5
Agent/Consultant Information (if applicable)
5a
Name
Shad Walters
5b
Business name
(if applicable)
McGill Associates
5c
Street address
1240 19th Street Lane, NW
5d
City, state, zip
Hickory, North Carolina 28601
5e
Telephone no
(828) 328 -2024
5f
Fax no
(828) 328 -3870
5g
Email address
shad walters @mcgillengineers com
Page 2 of 10

B.
Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
3585 -22 -1687, 3584099258,3584098653, 3584 -03 -5857
1 b
Site coordinates (in decimal degrees)
I Latitude 35 242422 Longitude -81 073467
1c
Property size
064 acres
2.
Surface Waters
2a
Name of nearest body of water to proposed project
South Fork Catawba River
2b
Water Quality Classification of nearest receiving water
WS -V
2c
River basin
Catawba
3.
Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The protect consists of three areas for the building of canoe /kayak portages and recreational /accessory structures at and in the water's edge along the
South Fork Catawba River Most of the area at the protect locations is wooded stream buffer area The surrounding areas are residential
3b
List the total estimated acreage of all existing wetlands on the property 0
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 292
3d Explain the purpose of the proposed project
The protect is to build canoe portages and recreational structures along the South Fork Catawba River for public recreational purposes
3e Describe the overall project in detail, including the type of equipment to be used
The building of portages and piers will have post holes augered and filled with concrete Pressure treated southern pine timber piles will be installed Si
D
4.
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
Comments
4b
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c
If yes, who delineated the jurisdictional areas?
Name (if known) Habitat and Restoration Program
Agency /Consultant Company
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
August 2010
5.
Project History
5a
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
N Yes ❑ No ❑ Unknown
5b If yes, explain in detail according to "help file" instructions
ACOE Section 10 Permit Nationwide General Permit 198200030, No -Rise Certification, FERC permit, DWQ 401 all have been issued for the bridge prc
6.
Future Project Plans
6a
Is this a phased project?
❑X Yes ❑ No
6b If yes, explain
Canoe portages and recreational structures have been built as part of the Town of Cramerton Goat Island Bridge protect
Page 3 of 10
PCN Form — Version 14 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ❑X Streams — tributaries X❑ Buffers ❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
Wetland impact
number
Permanent (P) or
Temporary
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f
Area of
impact
(acres)
W1
Choose one
Choose one
Yes /No
-
W2
Choose one
Choose one
Yes /No
W3
Choose one
Choose one
Yes /No
-
W4 _
Choose one
Choose one
Yes /No
W5
Choose one
Choose one
Yes /No
W6
Choose one
Choose one
Yes /No
2g Total Wetland Impacts:
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
Stream impact
number
Permanent (P) or
Temporary (T)
3b
Type of impact
3c
Stream name
3d
Perennial (PER) or
intermittent (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 P
portage and pier
South Fork Catawba
PER
Corps
183
18
S2 P
canoe portage
South Fork Catawba
PER
Corps
247
8
S3 P
recreational pier
South Fork Catawba
PER
Corps
112
10
S4 P
portage and pier
South Fork Catawba
PER
Corps
303
18
S5
Choose one
S6
Choose one
3h Total stream and tributary impacts
54
31 Comments
The impacts will only be along the edge of the nver, not across the entire width (please see attachments)
Page 4 of 10
PCN Form — Version 1 4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then indivi ually list all open water impacts below
4a
4b
4c
4d
4e
Open water
impact number
Name of waterbody
(if applicable)
Type of impact
Waterbody
Area of impact (acres)
Permanent (P) or
type
Tem ora
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a
5b
5c
5d
5e
Pond ID number
Proposed use or
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
purpose of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f Total:
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico X❑ Catawba ❑ Randleman ❑ Other
6b
6c
6d
6e
6f
6g
Buffer Impact _
Reason for impact
Stream name
Buffer
Zone 1
Zone 2
number —
mitigation
impact
impact
Permanent (P) or
required?
(square
(square
Temporary T
feet )
feet
B1 P
Area 1 portage & pier
South Fork Catawba River
No
726
303
B2 P
Area 2 portage & pier
South Fork Catawba River
No
758
457
B3 P
Area 4 portage & pier
South Fork Catawba River
No
815
431
B4 T
Area 1 portage & pier
South Fork Catawba River
No
2,250
1,481
B5 T
Area 2 portage & pier
South Fork Catawba River
No
2,420
1,581
B6 T
Area 4 portage &pier
South Fork Catawba River
No
2,309
1,337
6h Total Buffer Impacts.
9,278
5,590
61 Comments Permanent Impact total is Zone 1 - 2299 sq ft , Zone 2 - 1191 sq ft
Page bot1u

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The piers and portages have been designed to minimize the amount of area they impact They are for enjoying the surrounding natural areas
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
No heavy equipment will be used that might disturb an unnecessary amount of ground
2 Compensatory Mitigation for Impacts to Waters of the U.S or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ❑X No
2b If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type Choose one
Type Choose one
Type Choose one
Quantity
Quantity
Quantity
3c Comments
4. Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation, stream temperature
Choose one
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non - riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form —Version 1 4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes ❑X No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required-
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a
Does the project include or is it adjacent to protected riparian buffers identified
0 Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
No
new storm drainage discharges
❑Yes ❑X No
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
2b
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
Because
of the size of the project
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
2e
Who will be responsible for the review of the Stormwater Management Plan?
N/A
3
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
N/A
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
El
I check all that apply)
apply y ( Pp y)
❑ Water Supply Watershed
E:]
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ORW '
(check all that apply)
❑Session Law 2006 -246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review -
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 14 January 2009

F
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
_
la
Does the project involve an expenditure of public (federal /state /local) funds or the
Yes
❑ No
use of public (federal /state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
❑Yes
❑Q No
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1c
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter )
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
El Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
is this an after - the -fact permit application?
❑ Yes
❑X No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
X❑ No
additional development, which could impact nearby downstream water quality?
3b
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
4.
Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
NIA
Page 9 of 10
PCN Form —Version 14 January 2009

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
http //ecos fws gov/ tess_public/ countySearchispeciesByCountyReport action ?fips =37071
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes X❑ No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http / /www habitat noaa gov /protection /efh /efhmapper /index html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes X❑ No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
http /lwww hpo dcr state nc us
S Flood Zone Des,gnation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
❑X Yes ❑ No
8b If yes, explain how project meets FEMA requirements
No fill will be placed in the floodplain
8c What source(s) did you use to make the floodplain determination?
A floodplain analysis including a No -Rise Certification was done by McGill Associates for the Goat Island Park Project
Michael Peoples Town Manager
Q
Town of Cramerton
Applicant/Agent's Printed Name
Date
Applicant/Agent's Slgnatur
(Agent's signature is valid only if an authorization
letter from the applicant is provided
Page 10 of 10

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VILLAGES OF SOUTH FORK LEASE AGREEMENT

STATE OF NORTH CAROLINA
COUNTY OF GASTON
GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT (this "Lease ") is made and entered into as
of the day of May, 2013, by and between Triangle Real Estate of Gastonia, Inc.,
a North Carolina corporation, which has its principal office and place of business in
Gaston County, North Carolina (hereinafter called the "Landlord "), and the Town of
Cramerton, a municipal corporation organized and existing under the laws of the State
of North Carolina (hereinafter called the "Tenant ")
STATEMENT OF PURPOSE
Landlord is the fee simple owner of a certain tract of real property consisting of
approximately 38 4027 acres located in the Town of Cramerton, Gaston County, North
Carolina and being commonly referenced as Tax Parcel 220359 and being particularly
described as Tract A as shown on that map or plat recorded in Plat Book 79 at Page 64
in the Gaston County Registry (the "Property "). Landlord has agreed to lease to Tenant,
and Tenant has agreed to lease from Landlord, upon the terms, provisions and
conditions hereinafter set forth in this Lease, that portion of the Property more
particularly described in Exhibit A attached hereto (the "Demised Premises ").
WITNESSETH:
In consideration of the rent to be paid, the mutual covenants and agreements
herein contained and other good and valuable considerations, the receipt and legal
sufficiency of which are hereby acknowledged by the parties hereto, Landlord hereby
leases to Tenant as hereinafter provided and Tenant hereby leases and rents from
Landlord as hereinafter provided the Demised Premises upon the terms, provisions and
conditions hereinafter set forth, to wit:
1 Term of Lease
a. The term of this Lease (the "Term ") shall begin as of May 30, 2013
( "Beginning Date ") and shall, unless renewed and extended pursuant to subparagraph
1 b below, end at 12 00 midnight fifty (50) years from the Beginning Date, unless
sooner terminated in accordance with the terms hereof.
b Provided that Tenant shall not be in default of any of its obligations herein,
Tenant shall have the right, to be exercised by giving Landlord written notice not less
than ninety (90) days prior to expiration of the original Term hereof, to renew and
extend the Term of this Lease for one additional period of fifty (50) Lease Years upon
the terms and conditions as set forth in Paragraph 2 below

2. Rental. Tenant shall pay to Landlord for the use and occupancy of the
Demised Premises during the Term of this Lease an annual rent in the amount of One
Dollar ($1 00) (the "Annual Rental ") in advance on or before the first (1s1) day of the
Lease Year. All rental payments provided for herein shall be payable to Landlord, at the
address hereafter set forth in Paragraph 18, until written notice to the contrary is
received by Tenant.
All taxes, assessments, water and sewer rents and all other governmental rents,
fees or remedies now or hereafter assessed, levied, confirmed or imposed or which
become a lien upon, or which become payable in respect of any part of the Demised
Premises or the result of Improvements made by Tenant as contemplated by Paragraph
7 hereof during the Term of this Lease, and all'charges, costs, expenses and sums of
any kind which Tenant has assumed or agreed to pay hereunder, together with all
interest and penalties that may accrue thereon if Tenant fails to pay the same, shall be
"Additional Rental" hereunder, and, in the event of the nonpayment thereof, Landlord
shall have (in addition to and not in limitation of its other rights and remedies in respect
thereof) those rights and remedies as are herein provided in the case of nonpayment of
Annual Rental
3. Definition of Lease Year. A "Lease Year" shall be a twelve (12) month period
beginning as of the Beginning Date of the Term as set forth in Paragraph 1 above
4 Use of Demised Premises. Subject to the provisions of this Lease, Tenant
may use the Demised Premises only as indicated in Section 6 of the Development
Agreement recorded in Deed Book Book 4668 at Page 1261 of the Gaston County
Registry, and shall comply with all federal, state, county and city laws and ordinances
applicable to the Demised Premises and /or Improvements to be located thereon as
contemplated by Paragraph 7 hereof Tenant shall'procure, maintain and comply with,
or cause to be procured, maintained and complied with, all permits, licenses and other
authorizations required for any use of the Demised Premises or any part thereof.
5. Taxes. Tenant shall pay, satisfy and discharge as the same become due and
payable, all assessments, real estate taxes, ad valorem taxes of any sort and other
governmental charges or fees (collectively "taxes "), penalties and interest levied or
imposed or which become a lien upon, or which become payable in respect of any
Improvements as contemplated by Paragraph 7 hereof during the Term of this Lease. If
tax authorities will not agree to send all statements for taxes directly to Tenant upon
issuance, Landlord agrees to send copies thereof to Tenant in the same fashion
prescribed for notices hereunder within thirty (30) days of receipt Tenant shall furnish
Landlord receipts upon payment of the same.
Nothing in this Lease shall require Tenant to pay any franchise, corporate,
estate, inheritance, succession, capital levy, stamp or transfer tax of Landlord, or any
income, excess profits of revenue tax or any other tax, assessment, charge or levy upon
the Annual Rental or Additional Rental payable by Tenant hereunder; provided, '
however, that if at any time under the laws of the State of North Carolina or any other

political subdivision thereof a state tax or excise tax on rents is levied or assessed
against Landlord or the Annual Rental and /or Additional Rental, the same shall be
deemed to be included within the term "taxes" to the extent that such tax or excise tax is
in lieu of any "taxes," as previously defined herein, and,, to such extent, Tenant 'shall pay
and discharge the same in accordance with the provisions of this Paragraph 5.
Any provision in this Lease to the contrary notwithstanding, Tenant, may at
Tenant's expense, if in good faith it believes that any tax, assessment or other charge
payable by it shall be invalid, excessive or unenforceable, in whole or in part, protest
against and contest the validity, amount or enforceability of any such tax, assessment or
charge. In such case, Tenant shall comply with all requirements of law as to conditions
precedent in making any contest, and Tenant covenants to protect Landlord against
foreclosure of any lien resulting from imposition of any such tax, assessment or other
charge which Tenant may contest, including the posting of bonds or other security, to
prevent the prosecution of any proceedings which could result in such foreclosure
6 Insurance, Casualty, Repair and Restoration.
a. During the construction of any Improvements as contemplated by
Paragraph 7 hereof, or any replacements or substitutions therefor, Tenant will, at its
sole cost and expense, keep and maintain a builder's risk policy. Tenant will also
continue and maintain any and all existing insurance policies.
Upon written request therefor, Tenant will furnish Landlord with certificates of all
insurance required herein. Tenant agrees that if it does not keep such insurance in full
force and effect, Landlord may notify Tenant of such failure, an if Tenant does not
deliver to Landlord within fifteen (15) days after delivery of such notice certificates
showing all such insurance to be in full force and effect, Landlord may, in addition to any
other rights that Landlord may have hereunder, procure the necessary insurance to
comply with the provisions hereof and pay the premiums on the items specified in such
notice, in which event Tenant will upon demand reimburse and pay Landlord any
amount so paid or expended in the payment of the insurance premiums required herein
and specified in the notice, together with interest thereon at the Lease Interest Rate
from the date of such payment by Landlord until repaid by Tenant.
b If the Improvements as contemplated by Paragraph 7 hereof or any portion
thereof is damaged by fire or other casualty, Tenant, in the exercise of its sole
discretion, may elect (i) to repair or restore the Improvements or (ii) not to repair or
restore the Improvements In the event that Tenant elects not to repair or restore the
Improvements, then Tenant shall demolish and remove all improvements from the
Demised Premises, and this Lease shall terminate immediately upon the completion of
such demolition and removal In the event Tenant elects not to repair or restore the
Improvements and this Lease terminates as provided in the immediately preceding
sentence, then the Landlord shall be entitled to receive payment of the insurance
proceeds for such casualty

c. Except in the case where this Lease terminates pursuant to the provisions
of subparagraph 6 b. hereof, in which case the insurance proceeds shall be distributed
as provided in subparagraph 6 b , all proceeds payable pursuant to the provisions of
any policies of fire insurance shall be collected and held by Tenant and applied for the
following purposes
(i) All proceeds shall first be used, subject to any other conditions contained in
this Lease, as a fund for the repair and restoration of any and all improvements
(ii) Such funds shall be paid out from time to time to persons furnishing labor or
materials, or both, including architects' fees and contractors, as compensation in the
construction work, on vouchers approved by the licensed architect or engineer
employed by Tenant to superintend the work
(iii) Any funds not disbursed and remaining after the completion of the restoration
or the repair work and the payment and discharge of the cost thereof shall be applied to
the payment of any Annual Rental, Additional Rental or other sums due hereunder and
the balance shall be delivered to Landlord
d For the purpose of waiver of subrogation, anything in this Lease to the contrary
notwithstanding, Landlord, for itself and its successors and assigns, releases and
waives unto the Tenant, its officers, directors, agents, employees, successors and
assigns, and the Tenant, for itself and its successors and assigns, releases unto the
Landlord, its officers, directors, members, agents, employees, successors and assigns,
all rights to claim damages for injury, loss, cost or damage to persons or to the Demised
Premises and /or the Improvements, or the contents and property located therein or
thereon, which is occasioned by fire, explosion, accident, occurrence or condition in, on
or about the Demised Premises and /or the Improvements or any other casualty, the
amount of which injury, loss, cost or damage has been paid either to Landlord, Tenant,
or to any other person, firm or corporation under the terms of any fire, extended
coverage, public liability or other policy of insurance, to the extent such releases and
waivers are permitted under applicable law.
7 Improvements by Tenant. Tenant, at its sole cost, risk and expense, shall
construct, erect, complete and operate upon the Demised Premises such Improvements
(the "Improvements ") as may be approved by Landlord in writing Landlord shall not
unreasonably withhold such approval, which must be granted or denied within ten (10)
business days of the request's submission by Tenant. Tenant covenants and agrees
that the Improvements will be completed free and clear of all liens and claims of
contractors, subcontractors, mechanics, laborers, materialism, and everyone else
Tenant may in good faith contest any and all bills, fees and claims, and may pay the
contested item only if and when liability is established against Tenant or against the
Demised Premises. Tenant will protect, indemnify, defend, and hold harmless Landlord
from and against all bills, claims, liens and rights to liens for labor and materials and
claims of architects, contractors, subcontractors (other than bills, claims, liens, and
rights to liens of architects, contractors and subcontractors providing work on behalf of

Landlord), and all other fees, claims, and expenses incident to the construction and
completion of the Improvements
Subject to other such agreements as may be made between Landlord and
Tenant, title to and ownership of the Improvements shall be and remain in Tenant; and,
subject to all of Tenant's options, rights and obligations, full title to and ownership of the
Improvements shall, upon termination of this Lease, automatically revert to and vest in
Landlord free of Tenant's leasehold estate without the execution of any further
instrument and without any payment therefor by Landlord.
Tenant may, at any time and from time to time at Tenant's risk and expense,
construct other or new buildings and improvements upon the Demised Premises
(collectively "Improvements "), and alter (structurally or otherwise), remodel, reconstruct,
add to, tear down, demolish, remove, or destroy the Improvements, but Landlord's
express written consent shall be required
8 Utilities. During the Term of this Lease, Tenant shall pay for all electricity,
gas, water, heat, air conditioning, sewerage, janitorial services, garbage disposal and all
other utilities or services relating to its use and /or occupancy of the Demised Premises.
9 Assignment and Subletting. Tenant shall not have the right to sell, transfer,
assign or sublet its leasehold estate or interest in the Demised Premises without the
express written consent of the Landlord.
10. Events of Default. The following events ( "Events of Default ") shall be
deemed to be events of default by Tenant under this Lease
a. Tenant shall default in the payment when due of any rental and Tenant
does not remedy such default within fifteen (15) days after written notice thereof
b Tenant shall default in the payment of any other sum of money specified
hereunder to be paid by Tenant, and Tenant does not remedy such default within fifteen
(15) days after written notice thereof
c Tenant shall default in the performance of any other of the terms,
conditions or covenants contained in this Lease to be performed or observed by it, and
Tenant does not remedy such default within fifteen (15) days after written notice thereof
or, if such default cannot be remedied in such period, does not within fifteen (15) days
commence to undertake such act or acts as shall be necessary to remedy the default
and shall not complete such act or acts within a reasonable time.
d If Tenant's interest in this Lease or the Demised Premises shall be
subjected to any attachment, levy or sale pursuant to any order or decree entered
against Tenant in any legal proceeding and such order or decree shall not be vacated
within fifteen (15) days of entry thereof.

Upon the occurrence of an Event of Default hereunder, Landlord, at any time thereafter,
may terminate this Lease by giving written notice thereof to Tenant, and this Lease shall
terminate and all rights of Tenant hereunder shall cease.
11. Indemnification Tenant will protect, indemnify and save harmless Landlord
from and against all liabilities, obligations, claims, damages, penalties, causes of action,
costs and expenses, including without limitation, attorneys' fees and expenses by
reason of (i) ownership of the Demised Premises or any interest therein or receipt of
any rent or other sum therefrom, (ii) any accident, injury to or death of persons or loss of
or damage to property occurring on or about the Demised Premises or any part thereof,
(iii) any use, non -use or condition of the Demised Premises or any part thereof, (iv) any
failure on the part of the Tenant to perform or comply with any of the terms of this Lease
or (v) performance by persons other than Landlord, its agents or employees of any labor
or services or the furnishing of any materials or other property in respect to the Demised
Premises or any part thereof. In case any action, suit or'proceeding is brought against
Landlord by reason of any such occurrence, Tenant upon Landlord's request, will at
Tenant's expense resist and defend such action, suit or proceeding, or cause the same
to be resisted and defended by counsel designated by Tenant and approved by
Landlord. Such obligation of Tenant under this Paragraph which shall have accrued at
the time of any termination of this Lease shall survive any such termination.
12 Inspection Landlord and its authorized representatives at their sole risk may
enter the Demised Premises or any part thereof at all reasonable times for the purpose
of inspecting the same, subject to the rights of all occupants of the Improvements
Landlord shall not have any duty to make any such inspection nor shall it incur any
liability or obligation for not making any such inspection.
13. Exculpation. Nothing contained in this Lease shall constitute any consent or
request by Landlord, express or implied, for the performance of any labor or services or
the furnishing of any materials or other property in respect to the Demised Premises or
any part thereof, nor as giving Tenant any right, power or authority to contract for or
permit the performance of any labor or services or the furnishing of any materials or
other property in such fashion as would permit the making of any claim against Landlord
in respect thereof
14 Repossession Upon the effective date of termination of this Lease pursuant
to default, Landlord may enter upon and repossess the Demised Premises or any part
thereof by summary proceedings, ejectment or otherwise; and may remove Tenant and
all other persons and any and all property therefrom, without prejudice to any remedies
which might otherwise be used for arrears of rental or for breach of covenant. Landlord
shall be under no liability for, or by reason of, any such entry, repossession or removal,
whether by direct act of the Landlord or its assigns or through the medium of legal
proceedings, for that purpose instituted, and such entry, repossession or removal shall
not affect the liability of the Tenant or its successors for past rental accrued under this
Lease through the date of such entry, repossession or removal In addition, Tenant
shall remain liable to Landlord for damages in an amount equal to all rental which would

otherwise have become due throughout the remaining term of this Lease or any renewal
or extension thereof.
15. Removal of Property. Tenant (if not in default hereunder) shall have the right
to remove within thirty (30) days after the expiration of the Term or earlier termination of
this Lease any and all trade fixtures, equipment or personal property which Tenant has
placed on the Demised Premises, provided Tenant restores the Demised Premises to
its same condition as at the time of the installation thereof normal wear and tear alone
excepted. All trade fixtures not so removed by Tenant shall become and remain the
property of Landlord after thirty (30) days following the expiration of the Term or earlier
termination of this Lease. Trade fixtures shall be defined as such furnishings which are
customarily allowed to be removed by building tenants at the expiration of building
space leases.
16. Representations and Authority to Execute Tenant represents and warrants
to Landlord that Tenant has full power, right and authority to enter into and perform its
obligations under this Lease. The execution, delivery and performance of this Lease by
Tenant has been duly and properly authorized in accordance with applicable law and
the partnership agreement or operating agreement of Tenant.
17 Estoppel Certificate Within fifteen (15) days after request therefor by
Tenant, Landlord shall execute and deliver to Tenant a sworn statement in recordable
form and satisfactory to Tenant and directed to any proposed purchaser or other
transferee and /or Tenant certifying any facts that are true with respect to the Demised
Premises or this Lease, including without limitation (if such be the case) that this Lease
is in full force and effect, that Tenant is lawfully in possession of the Demised Premises
and is not in default hereunder, and that there are no defenses or offsets to the Lease
claimed by Landlord
Within fifteen (15) days after request therefor by Landlord or if, upon any sale,
assignment or other transfer of the Demised Premised by Landlord, an estoppel
certificate shall be requested of Tenant, Tenant shall deliver a certificate in recordable
form and satisfactory to Landlord, purchaser of other transferee, and /or to Landlord,
certifying any facts that are then true with respect to this Lease, including, without
limitation (if such be the case), that this Lease is in full force and effect, that no default
exists on the part of the Landlord or Tenant under the Lease, that Tenant is in
possession, that Tenant has commenced the payment of rental, and that there are no
defenses or offsets claimed by Tenant with respect to the rental under the Lease
Landlord's or Tenant's failure to execute, acknowledge and deliver upon request
the certified statement described above within fifteen (15) days from such request shall
constitute acknowledgment by the party to whom the request is directed to all persons
entitled to rely on the statement that this lease is unmodified and in full force and effect
and that the rental and other charges have been duly and fully paid to and including the
respective due dates immediately preceding the date of the notice of request and shall
constitute a waiver, with respect to all persons entitled to rely on the statement, of any

defaults that may exist before the date of notice.
18. Notices. Any notice or submission required or permitted under this Lease
shall be in writing and shall be deemed to be given when personally delivered to a
responsible officer of Tenant or Landlord or when received if sent by registered or
certified mail or by express courier service, addressed to the parties hereto as follows:
to the Landlord: Triangle Real Estate of Gastonia, Inc.
Attn.: Douglas P Arthurs
P.O. Box 2206
Gastonia, NC 28053 -2206
to the Tenant: Town of Cramerton
Attn. Michael Peoples
155 North Main Street
Cramerton, NC 28032
Any such party may from time to time by notice as herein provided, designate a different
address to which notices to it shall be sent.
19. Modification of Lease Agreement. This Lease may not be modified expect in
writing signed by all parties hereto. Provided, however, the parties specifically agree to
modify the legal description of the Demised Premises described in Exhibit "A" by
reducing the area once an "as built" survey is prepared
20 Covenants of Title. Landlord covenants, warrants and represents (i) that it is
seized of the Demised Premises in fee simple and has full right and authority to lease
the same upon the terms and conditions herein set forth and (ii) that Tenant shall
peacefully and quietly hold and enjoy the Demised Premises safe from any claims
arising by, through or under Landlord for the full Term hereof so long as Tenant does
not default in the performance of any of its covenants hereunder.
21 Recording Landlord and Tenant agree that a memorandum of this Lease
which summarizes the principal terms of this Lease may be recorded in the Gaston
County Public Registry at the request of either party but that this Lease itself will not be
so recorded.
22. Nonmerger of Fee and Leasehold Estate. if both Landlord's and Tenant's
estates in the Demised Premises or improvements located thereon or both become
vested in the same owner, this Lease shall,not be terminated by application of the
doctrine of merger, except at the express written election of the owner
23. Environmental Representations Conditions and Indemnification Tenant
hereby agrees to indemnify, defend and hold harmless Landlord from and against any
suits, actions, legal or administrative proceedings, demands, claims, liabilities, fines,
penalties, injuries, damages, expenses or costs, including interest and attorney's fees,

or other losses incurred by, claimed or assessed against Landlord under any laws,
rules, regulations, including without limitation, Applicable Environmental Law(s) (as
hereinafter defined) in any way connected with any injury to any person or damage to
any property or any loss to Landlord occasioned in any way by Hazardous Substances
(as hereinafter defined) placed on the Demised Premises by the Tenant during the
Lease Term or by the negligent or intentional activities of Tenant during or after its
occupancy of the Demised Premises. This agreement to indemnify specifically includes
the direct obligation of the Tenant to perform any remedial or other activities necessary
to avoid or minimize injury or liability to any person or to prevent the spread of pollution
Without waiving its rights hereunder, Landlord may, at its option, perform any such
remedial or removal work as described above and add all the costs in connection
therewith to the rental due in the month next succeeding such remedial or removal
work. Tenant shall permit Landlord access to the premises to perform any such
necessary remedial activities The indemnification agreed to in this Paragraph 23 shall
not include matters which arise due to Hazardous Substances which were in existence
upon the Demised Premises prior to the date of this Lease or which are placed upon the
Demised Premises after the date of this Lease by anyone other than the Tenant or
Tenant's agents, employees, contractors, suppliers, invitees, licensees, guests or any
other person acting at the direction of Tenant.
Tenant shall be solely and completely responsible for responding to and
complying with any administrative notice or other order or demand relating to the clean
up of potential or actual contamination or pollution on the Demised Premises, including
any such notice, order or demand upon Landlord In addition, upon termination or
expiration of this Lease, Tenant agrees to provide Landlord with such reports to be
obtained at Tenant's cost and expense as Landlord may require, in its sole discretion,
regarding the environmental condition of the Demised Premises The requirement and
acceptance of such reports by Landlord does not in any way limit Tenant's obligations
under this Paragraph 23.
Tenant covenants and agrees that it shall not allow any Hazardous Substances
to be used, stored or brought upon the Demised Premises, and shall not permit any
underground or above ground storage tanks, to be'used on the Demised Premises
without the prior written consent of the Landlord, provided, however, that such consent
shall not be unreasonably withheld so long as any such Hazardous Substances are
used, stored or brought upon the property in strict compliance with all governmental
rules and regulations governing such substances
"Hazardous Substance(s)" shall mean any substance which at any time shall be
listed as "hazardous" or "toxic" under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), 41 U.S C. Section 9601 et seq , as
amended and the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. Section
6901 et seq., as amended, or in the Regulations implementing such statutes, or which
has or shall be determined at any time by any agency or court to be a hazardous or
toxic substance regulated under nay other applicable environmental law. The term
"Hazardous Substance(s)" shall also include, without limitation, raw materials, building

components, products of any manufacturing or other activities on the Demised
Premises, wastes and petroleum products.
"Applicable Environmental Law(s)" shall include, but shall not be limited to,
CERCLA, RCRA, the Federal Pollution Control Act, the Clean Air Act, and all
regulations thereunder, and any other Federal or State laws or regulations, that are
currently in existence or hereinafter enacted, governing or relating to the existence or
clean up or contaminated property, the protection of the environment from
contamination or pollution, the control of hazardous or toxic substances or wastes, or
the use generation, discharge, transportation, treatment, removal or recovery of
hazardous or toxic substances or wastes.
24 Transfer of Landlord's Interest. In the event of the sale, assignment or
transfer by Landlord of its interest in the Demised Premises and /or in this Lease (other
than a collateral assignment to secure a debt of Landlord) to a successor in interest,
Landlord shall be released or discharged from all of its covenants and obligations
hereunder, except such obligations as shall have accrued prior to any such sale,
assignment or transfer, and Tenant agrees to look solely to such successor in interest of
Landlord for performance of such obligations. Tenant shall thereafter attorn and look
solely to such assignee, as Landlord, provided Tenant has first received written notice
of such assignment of Landlord's interest
25. Miscellaneous If any term of this Lease or any application thereof shall be
invalid or unenforceable, the remainder of this Lease and any other application of such
term shall not be affected thereby. Whenever in this Lease it is provided that any
document or matter is to be satisfactory to Landlord or may be required by Landlord, it
shall be deemed to mean reasonably satisfactory or reasonably required, as the case
may be. Any approval or consent of Landlord required hereunder shall not be
unreasonably (in an ordinary business sense) withheld This Lease may be changed,
waived, discharged or terminated only by an instrument in writing signed by the party
against which enforcement of such change, waiver, discharge or termination is sought
The headings in this Lease are for purposes of reference only and shall not limit or
define the meaning hereof This Lease may be executed in any number of
counterparts, each of which shall be an original, but all of which shall together constitute
one and the same instrument
26 Gender, and Plural As used herein, the neuter gender includes the
feminine and masculine, the masculine includes the feminine and neuter, and the
feminine includes the masculine and neuter, and each includes a corporation,
partnership or other legal entity when the context so requires The singular number
includes the plural, and vice versa, whenever the context so requires.
27 Holding Over. If Tenant remains in possession of the Demised Premises or
any part thereof after the expiration of the Term of this Lease with Landlord's
acquiescence and without any written agreement between the parties, Tenant shall be
only a tenant at will and there shall be no renewal of this Lease.

28. Nature and Extent of Agreement. This instrument and its exhibits contain
the complete agreement of the parties regarding the terms and conditions of the Lease
of the Demised Premises, and there are no oral or written conditions, terms,
understandings or other agreements pertaining thereto which have not been
incorporated herein This instrument creates only the relationship of Landlord and
Tenant between the parties hereto as to the Demised Premises, and nothing herein
shall in any way be construed to impose upon either party hereto any obligations or
restrictions not herein expressly set forth. Specifically, nothing in this Lease shall be
construed to render the Landlord in any way or for any purpose a partner, joint venturer
or associate in any relationship with Tenant other than that of Landlord and Tenant, and
this Lease shall not be construed to authorize either Landlord or Tenant to act as agent
for the other The laws of the State of North Carolina shall govern the validity,
interpretation, performance and enforcement of this Lease.
29. Binding Effect. Subject to express provisions hereof to the contrary, this
Lease shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, successors and assigns during the Term hereof and during any
extensions or renewals of said Term
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed and sealed all in pursuance of proper legal authority, as of the day and year
first above written
LANDLORD
Triangle Real Estate of Gastonia, Inc
By:
Printed Name: Herma E Ratchford, Jr.
Title President
TENANT
Town of Cramerton
By.
P�-
Printed Name:
Tale. c« et�

EXHIBIT "A"
BEGINNING at a point located in the South Fork of the Catawba River, said point and
place of BEGINNING being the northwestern most corner of Tract A which contains
38 4027 acres and the southwesternmost corner of Tract D which contains 4 8924
acres as shown on that map or plat thereof recorded in Plat Book 79 at Page 64 in the
Gaston County Register of Deeds; thence from said point and place of BEGINNING and
within the South Fork of the Catawba River, the following seven (7) calls along the
western boundary of Tract A described above- (1) South 20 degrees 20 minutes 02
seconds East 125.89 feet to a point; (2) South 02 degrees 49 minutes 58 seconds West
112 30 to a point, (3) South 23 degrees 59 minutes 28 seconds West 302 55 feet to a
point, (4) South 21 degrees 10 minutes 29 seconds West 441.29 feet to a point, (5)
South 33 degrees 45 minutes 13 seconds West 239.86 feet to a point; (6) South 34
degrees 56 minutes 09 seconds West 564 23 feet to a point; and (7) South 36 degrees
01 minutes 57 seconds West 147 15 feet to a point on the northern margin of the right
of way of Wilkinson Blvd. (U.S. Highway 29 -74); thence with the northern margin of the
right of way of Wilkinson Blvd (U.S. Highway 29 -74) South 76 degrees 13 minutes 51
seconds East 128 56 feet to an existing iron pin, thence North 35 degrees 0 minutes 17
seconds East 672 24 feet to an existing iron pin; thence North 25 degrees 54 minutes
44 seconds East 700 03 feet to a concrete monument; thence North 15 degrees 52
minutes 16 seconds East 469 26 feet to a concrete monument; thence North 33
degrees 57 minutes 44 seconds West 497.37 feet to an existing iron pin, said iron pin
being located on the northwestern boundary of Tract D described above; thence South
41 degrees 18 minutes 39 seconds West 108.72 feet to a point located in the South
Fork of the Catawba River; thence within the South Fork of the Catawba River, the
following two calls: (1) South 41 degrees 35 minutes 30 seconds East 274 20 feet to a
point and (2) South 19 degrees 54 minutes 03 seconds East 29 50 feet to the point and
place of BEGINNING.
SAVE AND EXCEPTING from the above metes and bounds description that portion of
the property located on Tract D which contains 4 8924 acres and is shown on that map
or plat thereof recorded in Plat Book 79 at Page 64 in the Gaston County Register of
Deeds
The foregoing metes and bounds description being taken from that map and plat
prepared by Tanner & McConnaughey, P.A. dated September 6, 2011 and last revised
November 11, 2011 and recorded in Plat Book 79 at Page 64 in the Gaston County
Register of Deeds.
Being a portion of the property conveyed to Triangle Real Estate of Gastonia, Inc. by
deed dated December 16, 2011 and recorded in Deed Book 4589 at Page 1184 in the
Gaston County Register of Deeds

VILLAGES AT CRAMERTON MILLS LEASE
AGREEMENT

STATE OF NORTH CAROLINA
COUNTY OF GASTON
GROUND LEASE AGREE ME
T1-11S GROUND LEASE AGREEMENT (this "Lease ") is made and entered into as of the
Z�day of 04, 2013, by and between VCM Bowman, LLC, a North Carolina limited
liability company (heieuiafter called the "Landlord "), and the Town of Ciameiton, a municipal
coipoiation organized and existing under the laws of the State of North Carolina (hereinafter
called the "Tenant ").
STATE ME OF PURPOSE
Landloid is the fee simple owner of a ceitain tract of seal piopeity consisting of approximately
4.74 acres located in the Town of Crameiton, Gaston County, North Carolina and being
commonly refcienced as Tax Parcel ID Number 221177 and being paiticulaily described as
"New Parcel 2" as shown on that map 01 plat iecoided in Plat Book 80 at Page 70 in the Gaston
County Registry (the "Property "). Landlord has agreed to lease to Tenant, and Tenant has
agreed to lease from Landlord, upon tine teams, provisions and conditions heiemafter set forth in
this Lease, that portion of the Piopeity moie patticularly described in Exhibit A attached heieto
as "New Parcel #2A," (the "Demised Pieinises ")
WITNESSETH :
In consideration of the ient to be paid, the mutual covenants and agreements heiein contained
and other good and valuable considetations, the receipt and legal sufficiency of which are hereby
acknowledged by the patties heieto, Landlord hereby leases to Tenant as hereinafter provided
and Tenant hereby leases and cents from Landlord as hereinafter provided the Demised Pienuses
upon (lie tetins, provisions and conditions hereinafter set forth, to wit:
1. Teinn of Lease.
(a) The teim of this Lease (the "Initial Team ") shall begin as of Ate , 2013
( "Beginning Date ") and shall, unless ienewed and extended puisuant to subparagraph 1(b)
below, end at 12 00 midnight fifty (50) Lease Yeais fiarn the Beginning Date, unless soonei
terminated in accoidance with the teinns heieof.
1
PPAli 2059405N4

(b) Provided that Tenant shall not be in default of any of its obligations herein,
Tenant shall have the right, to be exercised by giving Landlord written notice not less than ninety
(90) days prior to expiration of the Initial Teun heicof, to ienew and extend the term of this
Lease for one additional period of fifty (50) Lease Years ( "Renewal Term") (the Initial Term and
the Renewal Teun, if any, are collectively iefeiied to as the "Teem ").
2. Rental. Tenant shall pay to Landlord for the use and occupancy of the Demised
Piennises during the Teun of this Lease (including any Renewal Teun) an annual lent in the
amount of One Dollar ($1.00) (tile "Annual Rental") in advance on or before the first (I" ) day of
each Lease Year. All rental payments provided foi herein shall be payable to Landlord, at the
address hereafter set forth in Paragraph 18, until written notice to the contrary is received by
Tenant
All taxes, assessments, water and sewer cents and all other governmental tents, fees or
remedies now of hereafter assessed, levied, confiunned of imposed or which become a lien upon,
or which become payable in tespect of any pact of the Demised Piemtses or the result of
Improvements made by Tenant as contemplated by Paragraph 7 hereof during the Term of this
Lease, and all charges, costs, expenses and sums of any kind which Tenant has assumed of
agreed to pay hereunder, together with all interest and penalties that may accrue thereon if
Tenant fails to pay the same, shall be "Additional Rental" lneieundei, and, in the event of the
nonpayment thereof, Landlord shall have (in addition to and not in limitation of its other tights
and teniedres in respect tlieteof) those rights and temedres as ate hetetn provided in the case of
nonpayment of Annual Rental The Annual Rental and all Additional Rental ate collectively
tefened to as "Rent ".
3. Definition of Lease Year. A "Lease Year" shall be each twelve (12) month period
dumng the Term, with the fast Lease Year beginning as of the Beginning Date of the Tetm as set
forth in Paragraph 1 above
4. Use of Demised Premises. Subject to the provisions of this Lease, Tenant may
use the Demised Premises foi public recreational purposes, including, but not limited to,
consttuctton of a recreational accessory structure and a canoe/kayak pottage area as shown on
Exhibit B, and for no other use without tine puot consent of Landlord, which consent shall not be
unreasonably withheld for related governmental uses. Tenant shall comply with all federal, state,
county and city laws and ordinances (collectively "Laws ") applicable to the Demised Premises
2
NNAn 20s94O8v4

and /or Imptovenients to be located theteon as contemplated by Paragraph 7 heteof. Tenant
shall procure, maintain and comply with, or cause to be piocuted, maintained and complied with,
all permits, licenses and other authorizations required for any use of the Demised Premises of
any part thereof.
5. Taxes. Tenant shall pay, satisfy and discharge as the same become due and
payable, all assessments, real estate taxes, ad valorem taxes of any sort, water and sewer charges,
and other governmental charges or fees, penalties and interest levied or imposed or which
become a lien upon, or which become payable in respect of, the Demised Premises and any
Imptovenients as contemplated by Paragraph 7 hereof dining the Telm of this Lease
(collectively "'faxes ") if tax authorities will not agree to send all statements for Taxes directly
to Tenant upon issuance, Landlord agrees to send copies thereof to Tenant in the same fashion
prescribed for notices hereunder within thiity (30) days of receipt. Tenant shall furnish Landlord
receipts upon payment of the same. If the Demised Premises does not constitute a single tax
parcel, then Taxes applicable to the tax parcel containing the Demised Premises ( "Tax Parcel ")
will be allocated by Landlord (on an acreage basis) between the Demised Premises and the
remainder of the Tax Parcel. Landlord will deliver a statement of such allocated amount due
from Tenant, and Tenant shall pay that amount to Landlord within thnty (30) days after tecelpt
of that statement.
Nothing in this Lease shall tcqurre Tenant to pay any franchise, corporate, estate,
inheritance, succession, capital levy, stainp or tiansfer tax of Landlord, or any income, excess
profits of revenue tax of any other tax, assessment, charge of levy upon the Rent payable by
Tenant hereunder; provided, however, that if at any time under the laws of the State of North
Carolina or any other political subdivision thereof a state tax or excise tax on rents is levied or
assessed against Landlord or the Rent, the same shall be deemed to be included within the term
"Taxes" to the extent that such tax or excise tax is in lieu of any "Taxes," as previously defined
herein, and, to such extent, Tenant shall pay and discharge the same in accordance with the
provisions of this Paragraph 5.
Any provision in this Lease to the contraty notwithstanding, if the Demised Premises
constitutes a separate tax parcel, then Tenant, may at Tenant's expense, if in good faith it
believes that any tax, assessment or other charge payable by it shall be invalid, excessive or
unenforceable, in whole of in part, protest against and contest the validity, amount or
3
PPAB 20894080

enforceability of any such tax, assessment or charge. If the Demised Premises does not
constitute a separate tax parcel, then Tenant may not contest any Taxes payable by it without the
prior written consent of Landlord, which may be withheld in Landlord's sole discretion. If
Landlord consents, then Tenant shall comply with all requnenlents of law as to conditions
precedent in making any contest, and Tenant covenants to protect Landlord against foreclosure
of any lien tesulting fionl imposition of ally such Taxes which Tenant may contest, including the
posting of bonds or other security, to prevent the prosecution of any proceedings which could
Icsult in Such foreclosure
6 Insurance. Casualty, Repair and Restoration.
(a) During the construction of any Improvements as contemplated by Paragraph 7
lleteof, of any replacements or substitutions therefor, Tenant will, at its sole cost and expense,
keep and maintain a builder's risk policy. Tenant will also maintain at its own cost the following
policies of insurance: (i) comnleicial general liability insurance (Including contractual liability
insurance coverage) covering Tenant's operations at the Demised Premises, with limits ill ail
amount of not less than $1,000,000 per occurrence and aggregate limits of not less than
$2,000,000, and naming Landlold as an additional insured, (m) upon completion of the
lnlpiovennents, special extended coverage plopelty insurance covering all of the Inlptoventents
and Tenant's equipment, trade fixtures and other personal property located on the Demised
Premises, all for the full replacement cost thereof, (iii) workers' compensation insurance as
required by Laws, and (IV) umbrella liability coverage in an amount of not less than $2,000,000
per occurrence, and aggregate limits of not less than $2,000,000 00 All liability policies
required by this Paragraph 6 shall: (1) be issued by insurers that ate authorized to issue the
applicable insurance in the state where the Demised Premises is located and are reasonably
acceptable to Landlord, (2) contain a provision by which the rinsuier will give Landlord at least
30 days pilot whiten notice before making ally inatenal change in the natule of extent of the
coverage provided under such policies and /oi canceling or terminating such policies, and (3)
contain a provision by which Tenant's policies ate primary to and non - contributory with any
coverage that Landlord may have in effect. Ptloi to exercising any rights colder this Lease,
Tenant shall plovrde Landlold with evidence satisfactory to Landlord of the policies required by
this Paragraph 6. Landlold may review such insurance limits every three years and increase as
reasonably necessary the minimum limits of the coverages required under this Paragraph 6 so
4
PPAB 2089408v4

as to provide, at all times, coverage comparable to that for similar facilities located in the Gaston
County, North Carolina geogiaph►c area
Upon written request theiefoi, Tenant will fuin►sh Landlord with certificates of all
msutance iequued herein. Tenant agrees that if it does not keep such Insurance in full force and
effect, Landlord may notify Tenant of such failuie, and if Tenant does not deliver to Landloid
within fifteen (15) days after delivery of such notice ceitificates showing all such insurance to be
in full force and effect, Landloid may, in addition to any other lights that Landloid may have
Incieunder, piocuie the necessaiy insurance to comply with the provisions hereof and pay the
pienmums on the items specified in such notice, in which event Tenant will upon demand
teimbuise and pay Landloid any amount so paid of expended in the payment of the insurance
premiums requited heiem and specified in the notice.
(b) If the Improvements as contemplated by Paragraph 7 hcteof of any poition
theieof is damaged by fire or other casualty, Tenant, in the exercise of its sole discietion, may
elect,(i) to tepau of restore the Improvements or (it) not to repair or restoie the Improvements
In the event that Tenant elects not to repair or restore the Improvements, then Tenant shall
demolish and remove all Improvements from the Dcmised Premises, and this Lease shall
terminate Immediately upon the completion of such dennolitton and removal In the event Tenant
elects not to repair of restoie the Improvements and this Lease teunrnates as provided in the
immediately preceding sentence, then, provided Landloid demolishes and removes the
Improvements and restores the Demised Premises in accordance with Paragraph 15, the Tenant
shall be entitled to receive payment of the insurance proceeds for such casualty. If Tenant fails
to make an election within thirty (30) days after the date of the casualty, then Tenant shall be
deemed to have elected to repair and restore tine Improvements
(c) Except in the case where this Lease terminates pursuant to tine provisions of
subparagraph G(b) hereof, in which case the insurance proceeds shall be d►stnrbuted as provided
in subparagraph G(b), all proceeds payable pursuant to the provisions of any policies of fire
insurance Shall be collected and held by Tenant and applied for the following pu►poses:
(i) All proceeds shall first be used, subject to any other conditions contained
in this Lease, as a fund tot the repair and restoration of ally and all Innprovennents
(u) Such funds shall be paid out fiotnn time to time to pe►sons furnishing labor
or materials, of both, including architects' fees and contractors, as compensation in the
5
PPAB 2089 108v4

construction work, on vouchers approved by the licensed architect or engineer employed by
Tenant to super intend the work.
(iii) Any funds not disbursed and remaining after the completion of the
restoration or the ►epair work and the payment and discharge of the cost thereof shall be applied
to the payment of any Rent and the balance shall be delivered to Landlord.
(d) For the purpose of waiver of subrogation, anything in tills Lease to the contrary
notwithstanding, Landlord, for itself and its successors and assigns, releases and waives unto the
Tenant, its officers, directors, agents, employees, successors and assigns, and the Tenant, for
itself and its successors and assigns, releases unto the Landlord, its officers, managers, members,
agents, employees, successors and assigns, all lights to claim damages for injury, loss, cost or
damage to persons of to the Demised Premises and/or the Improvements, or the contents and
property located therein of thereon, which is occasioned by fire, explosion, accident, occurrence
of condition in, on of about the Denused Premises and /or the Improvements or any other
casualty, the amount of which injury, loss, cost or damage is covered under the terms of any fire,
extended coverage, public liability of other policy of insurance carried, of iequrcd to be carried
under the terms of this Lease, by the party suffering the loss, to the extent such releases and
waivers are permitted under applicable Laws.
7. Improvements by Tenant Tenant, at its sole cost, risk and expense, shall
construct, elect, complete and operate upon the Denniscd Premises the recreational /accessory
stiticture and canoe/kayak portage area all as shown on Exhibit B and such other facilities as may
be approved by Landlord in wrong (the "Implovennents ") Landlord shall not unreasonably
withhold SUCK apploval, which must be granted or denied within ten (10) business days of the _
request's submission by Tenant Tenant covenants and agrees that the Inprovements will be
completed flee and cleat of all liens and claims of contractors, subcontractors, mechanics,
laborers, matctialism, and everyone else Tenant may in good faith contest any and all bills, fees
and clainns, and shall pay the contested item immediately if liability is established against Tenant
or against Ilse Demised Premises. Tenant will protect, indennnrfy, defend, and hold harmless
Landlord from and against all bills, claims, liens and rights to liens for labor and materials and
clauns of architects, contractors, Subcontmetois (other than bills, claims, liens, and rights to liens
of architects, contractors and subcontractors providing work on bellalf of Landloici), and all other
fees, clauns, and expenses incident to the const►uction and completion of the Impiovennents.
6
PPAB 2089408v =t

Subject to other such agreements as may be made between Landlord and Tenant, title to
and ownership of the Improvements shall be and iemann in Tenant; and, subject to all of Tenant's
options, rights and obligations, full title to and ownership of the Improvements shall, upon
teimmation of this Lease, automatically revert to and vest in Landlord fiee of Tenant's leasehold
estate without the execution of any fuither instrument and without any payment therefor by
Landlord.
Tenant may, at any tmie and fiom time to time at Tenant's risk and expense, construct
otlicr of new improvements and facilities upon the Demised Pienuses, and alter (stiuctuially of
otherwise), iemodel, ieconstiuct, add to, teal down, demolish, remove, or destroy the
Improvements, subject to Landlord's express written approval as specified above in the first
subpatagiaph of this Paragraph 7
8. Utilities During the Term of this Lease, Tenant shall pay for all electricity, gas,
water, heat, air conditioning, sewerage, janitorial services, garbage disposal and all other utilities
of services relating to its use and/or occupancy of the Demmsed Premises. Landlord shall not be
responsible for the interruption or innpau nient of any such utility or other services
9. Assignment and Subletting. Tenant shall not have the right to sell, transfer, assign
of sublet its leaselold estate of interest in the Demised Premises without the express written
consent of the Landlord, which Landlord may withhold in its sole discretion.
10 Events of Default The following events ( "Events of Default ") shall be deemed to
be events of default by Tenant under this Lease,
(a) Tenant shall default in the payment when clue of any Annual Rental and Tenant
does not remedy such default within fifteen (15) days after wimen notice thereot. _
(b) Tenant shall default in the payment of any Additional Rental and Tenant does not
remedy such default within fifteen (15) days after written notice thereof.
(c) Tenant shall default in the peiformance of any other of (lie terms, conditions or
covenants contained in this Lease to be performed of observed by it, and Tenant does not rennedy
Such default within fifteen (15) days after written notice thereof or, if such default cannot be
remedied in such period, does not within fifteen (15) days commence to undertake such act of
acts as shall be nece%saiy to remedy the default and shall not complete such act or acts within a
reasonable time.
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PPAB 20894M4

(d) If Tenant's interest in this Lease or the Demised Premises shall be subjected to
any attachment, levy or sale pursuant to any order or decice entered against Tenant in any legal
proceeding and such older of decree shall not be vacated within fifteen (15) days of entry
thereof.
Upon the occurrence of an Event of Default hereunder, Landlord, at any time thereafter,
may terminate this Lease by giving written notice thereof to Tenant, and this Lease shall
terminate (other than those obligations of Tenant that survive the termination of this Lease) and
all rights of Tenant hereundet shall cease. In addition, Landlord may (i)Cure the Event of
Default, in which case Tenant shall pay to Landlord on demand all costs nncuned by Landlord in
curing that Event of Default; and (ii) exercise any and all rights and remedies available at law of
in equity.
11. Indemnification Tenant will protect, indemnify and save harmless Landlord from
and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses, including without limitation, attorneys' fees and expenses, by reason of (i) ownership
of the Demised Premises or any interest therein of receipt of any Rent, (u) any accident, injury to
of death of persons of loss of of damage to piopeity occurring on or about the Demised Premises
of any part thereof, (iii) any use, non -use or condition of the Denused Pienniscs of any pact
thereof, (iv) any failure on the pact of the Tenant to perform or comply with any of the terms of
this Lease or (v) peifounance by persons other than Landlord, its agents or employees of any
labor or services or the furnishing of any materials of other property in respect to the Demised
Premises of any part thereof In case any action, suit or proceeding is brought against Landlord
by reason of any such occurrence, Tenant upon Landlord's request, will at Tenant's expense
resist and defend such action, suit of proceeding, of cause the same to be resisted and defended
by counsel designated by Tenant and approved by Landlord Such obligation of 'Tenant under
this Paragraph which shall have accrued at the time of any teinnunation of this Lease shall suivrve
any such termmation
12. Inspection. Landlord and its authorized representatives at their sole risk may
enter the Demised Premises or any part thereof at all reasonable times for the purpose of
inspecting the same, in a nnannei that does not unreasonably interfere with the operation of the
Impiovemcnts. Landlord shall not have any duty to make any such inspection nor shall it incur
any liability or obligation for not making any such inspection
8
PPAB 204940SO

17 Estoppel Certificate. Within fifteen (15) clays aftet request therefor by Tenant,
Landlord shall execute and deliver to Tenant a sworn statement in iecoidable form and
satisfactory to Tenant and directed to any proposed purchaser or other transferee and /or Tenant
certifying any facts that ate title with ►expect to the Demised Premises or this Lease, including
without limitation (if such be the case) that this Lease is in full force and effect, that Tenant is
lawfully rn possession of the Demised Piemises and, to Landlord's knowledge, is not in default
hereunder, and that there are no defenses or offsets to the Lease claimed by Landlord
Within fifteen (15) days after request therefor by Landlord or If, upon any sale,
assignment or other transfer of the Demised Premised by Landlord, an estoppel certificate shall
be requested of Tenant, Tenant shall deliver a certificate in recordable foinn and satisfactory to
Landlord, purchaser of other transferee, and /or to Landlord, certifying any facts that aie then true
with respect to this Lease, Including, without limitation (if such be the case), that this Lease is in
full force and effect, that no default exists on the part of the Landlord or Tenant under the Lease,
that Tenant is in possession, that Tenant has commenced the payment of rental, and that there are
no defenses of offsets claimed by Tenant with respect to the rental under the Lease.
Landlord's or Tenant's failure to execute, acknowledge and deliver upon rcquest the
certified statement described above within fifteen (15) days from such rcquest shall constitute
acknowledgment by the patty to whom the request is directed to all persons entitled to rely on
the statement that this lease IS unmodified and in full force and effect and that the rental and
other charges have been duly and fully paid to and including the respective due dates
immediately preceding the date of the notice of request and shall constitute a waiver, with
tespect to all persons entitled to rely on the statement, of any defaults that may exist before the _
date of notice
18. Notices Any notice or submission requited or permitted under this Lease shall be
in writing and shall be deemed to be given when personally delivered to a responsible officer of
Tenant or Landlord of when teceived if sent by registered or certified mail of by express couiiei
service, addressed to the parties hereto as follows.
to the Landlord: VCM Bowman, LLC.
Attn.. Robert B. Bowman
13815 Cinnabar Place
Hunteisville, NC 28078
10
PPAB 2089408�4

to the Tenant: Town of Cramer ton
Attn: Michael Peoples
155 North Main Street
Crunetton, NC 28032
Any such patty may from time to time by notice as hetern provided, designate a different address
to which notices to it shall be sent.
19 Modification of Lease Agreement. This Lease may not be modified expect to
writing signed by all patties hetcto.
20 Covenants of Title. Landlord covenants, warrants and tepiesents (t) that, subject
to the Petnutted Exceptions, it is seized of the Demised Premises in fee simple and has full light
and authority to lease the same upon the terms and conditions herein set forth and (u) that,
subject to the terms of this Lease, Tenant shall peacefully and quietly hold and enjoy the
Demised P►emiscs safe from any claims arising by, through of under Landlord for the full Te►m
hereof so long as Tenant does not default in the performance of any of its covenants hereunder.
"Per►nitted Exceptions" means all matters of record, any matters that would appear on a cuitent
and accurate survey of the Demised P►emiscs and all Laws.
21. Recording. Landlord and Tenant agree that a memorandum of this Lease which
summatlzes the pt►ncrpal terms of this Lease may be recorded in the Gaston County Public
Registry at the tequest of either patty but that this Lease itself will not be so recorded.
22. Nomnctpei of Fee and Leaseliold Estate If both Landlord's and Tenant's estates
in the Demised Ptemrses of unptovements located thereon or both become vested in the same
owner, this Lease shall not be tetinutated by application of the doctrine of meiget, except at the
express wi itten election of the owner
23 Envnonmental Repiesentatrons Conditions and Indemnification Tenant hereby
agrees to indemnify, defend and hold haunless Landlord front and against any suits, actions,
legal of administrative proceedings, demands, chums, liabilities, fines, penalties, injuties,
damages, expenses or costs, Including interest and attoutey's fees, of other losses incurred by,
claimed of assessed against Landlord under any laws, lutes, or legulations, including without
limitation, Applicable Envnonmental Law(s) (as heiemaftei defined) in any way connected with
any injury (including death) to any person of damage to any piopeity of any loss to Landlord
occasioned in any way by Flazardous Substances (as heteinafter defined) placed on the Denused
Ptemrses by, of through the acts or omissions of, the Tenant, its agents, employees, contractors,
11
PPAB 2039405 1

supplieis, invitees, licensees, guests, of any person acting at the diiection of Tenant, dunng or
after its occupancy of the Demised Piennises. This agreement to indemnify specifically includes
the direct obligation of the Tenant to perform any ienredial or other activities necessary to avoid
or mrninn17e injury or liability to any peison or to pievent the spread of pollution. Without
waiving its rights Hereunder, Landloid may, at its option, perform any such remedial or removal
work as desctrbed above and add all the costs in connection therewith as Additional Rental due
in the month next succeeding such ►emedial or removal work. Tenant shall perrnit Landloid
access to the Dennised Pienises to perform any such necessary remedial activities. The
indemnification ag►eed to in this Paragraph 23 shall not include matters which arise due to
Hazardous Substances which were in existence upon the Demised Premises pttoi to the date of
this Lease or which ate placed upon the Demised Premises after the date of this Lease by anyone
other than the Tenant of Tenant's agents, employees, contractors, suppliers, invitees, licensees,
guests of any person acting at (lie direction of Tenant.
Tenant shall be solely and completely responsible for responding to and complying with
any admmistiative notice or other order or demand relating to the cleanup of potential or actual
contamination of pollution on the Demised Premises, including any such notice, order or demand
upon Landlord. In addition, upon termination of expiration of this Lease, Tenant agrees to
provide Landloid with such reports to be obtained fionn an envnonmental consultant approved
by Landlord at Tenant's cost and expense as Landloid may iequue, in its sole discretion,
regarding the envnonniental condition of the Demised Premises The icquirement and
acceptance of such reports by Landlord does not in any way limit Tenant's obligations under this
Paragraph 23.
Tenant covenants and agrees that it shall not allow any Hazardous Substances to be used,
stored of brought upon the Demised Premises, and shall not permit any underground of above
ground storage tanks to be used on the Demised Premises without the pilot written consent of the
Landloid, provided, however, that such consent shall not be unreasonably withheld if minor
amounts of any such Hazardous Substances ate used, stored of brought upon the Denmsed
Piennrses as necessary for the construction and operation of the Permitted Use and in stiict
compliance with all governmental rules and iegulations governing such substances.
"Hazardous Substance(s)" shall mean any substance which at any time shall be listed as
"hazardous" or "toxic" under the Comprehensive Cnvuonmental Response, Compensation and
12
PPAB 20894080

Liability Act (CERCLA), 41 U S C. Section 9601 et seq., as amended and the Resource
Conservation and Recovery Act (RCRA) 42 U .S .0 Section 6901 et seq , as amended, or in the
Regulations implementing such statutes, or which has of shall be determined at any time by any
agency of court to be a hazardous or toxic substance regulated under any other applicable
environmental law The teen "Hazardous Substance(s)" shall also include, without limitation,
raw materials, building components, products of any manufacturing or other activities on the
Demised Premises, wastes and petroleum products.
"Applicable Environmental Law(s)" shall include, but shall not be limited to, CERCLA,
RCRA, the Fecleial Pollution Control Act, the Clean Air Act, and all regulations thereunder, and
any other Federal or State laws or regulations, that are currently in existence or hereinafter
enacted, governing or relating to the existence or clean up or contaminated property, the
protection of the envuonmenl from contamination or pollution, the control of hazardous or toxic
substances of wastes, or the use generation, discharge, transportation, treatment, removal or
recovery of hazardous or toxic substances or wastes
24. Transfer of Landlord's Interest. In the event of the sale, assignment or transfer by
Landlord of its interest in the Demised Premises and/or in this Lease (other than a collateral
assignment to secure a debt of Landlord) to a successor in mterest, Landlord shall be released
and discharged from all of its covenants and obligations hereunder, except such obligations as
shall have accrued prior to any such sale, assignment or transfer; and Tenant agrees to look
solely to such successor in interest of Landlord for performance of such obligations. Tenant
shall thereafter attorn and look solely to such assignee, as Landlord, provided Tenant has first
received wtitten notice of such assignment of Landlord's interest.
25. Miscellaneous If any term of this Lease or any application thereof shall be
invalid or unenforceable, the remainder of this Lease and any other application of such term shall
not be affected thereby. Except as otherwise expressly provided in this Lease, whenever in this
Lease it is provided that any document or matter is to be satisfactory to a party or may be
iequiied,by a party, it shall be deemed to mean reasonably satisfactory or ieasonably iequmed, as
the case may be. Except as otherwise expressly provided in this Lease, any approval or consent
of either party required hereunder shall not be unreasonably (in an ordinary business sense)
withheld. This Lease may be changed, waived, discharged or terminated only by an instrument in
writing signed by the party against which enforcement of such change, waiver, discharge or
13
PPAB 2089408v I

termination is sought. The headings in this Lease ate for purposes of reference only and shall not
limit o► define the meaning hereof. This Lease may be executed to any nunnbet of counterparts,
each of which shall be an original, but all of which shall together constitute one and the same
mstiument. Tenant's indemnification obligations under this Lease shall survive the expuatron of
earlier termination of this Lease
26 Gender• Singular and Plural. As used herein, the neuter gender includes the
feminine and masculine, the masculine includes the feminine and neuter, and the feminine
includes the masculine and neuter, and each includes a corporation, partnership or other legal
entity when the context so requnes The singular number includes the plural, and vice versa,
whenever the context so requires.
27 Holding Over If Tenant rennams to possession of the Demised Premises or any
part thereof after the expttatton of the Term of this Lease with Landlord's acquiescence and
without any written agreement between the parties, Tenant shall be only a tenant at will and there
shall be no renewal of this Lease.
23. Nature and Extent of Agreement This instrument and its exhibits contain the
complete agreement of the parties regatding the terns and conditions of the Lease of the
Demised Premises, and there ate no oral or wttttern conditions, terms, understandings or other
agreements pertaining thereto which have not been incorporated herein This instrument creates
only the relationship of Landlord and Tenant between the patties hereto as to the Demised
Ptemtses, and nothing hctein shall in any way be construed to impose upon either party hereto
any obligations or restrictions not hretein expressly set forth. Specifically, nothing in this Lease
shall be construed to tender the Landlord to any way of for any purpose a partner, joint venture
or associate in any relationship with Tenant other than that of Landlord and Tenant, and this
Lease shall not be construed to authorize erthet Landlord of Tenant to act as agent for the other
The laws of the State of North Carolina shall govern the validity, interpretation, perfounance and
enforcement of this Lease.
29 Binding Effect_. Subject to express ptovtstons hereof to the contrary, this Lease
shall be binding upon and shall mute to the benefit of the patties hereto and their respective
hats, successors and assigns doting the Tei n hereof.
14
PPAB 20894080

30 Condition; Acceptance of Possession. Landlord hasn't made any representations
of wauanties as to the condition of the Dennised Premises; or the compliance of the Demised
Premises with any Laws. Tenant accepts the Demised Piemises "AS IS" and "WHERE IS"
3 t Risk of Loss. Tenant shall use the Demised Premises at Tenant's own risk
Landlord shalt not be liable to Tenant or to any of Tenant's employees, agents, contractors,
licensees, guests, itivitees of to any other person or entity for any loss, injury or damage to
piopeity of person occasioned by theft, force majeuie of any other cause.
32 Maintenance. Landlord shall have no obligation to maintain, repair or replace, of
to make any improvements or alterations to, the Demised Premises or any Improvements duiurg
the Term Tenant shall, at 'T'enant's expense, maintain, tepau and replace in good order and
condition all components of the Demised Premises, including all Improvements, but not any
Utility Imes running though the Demised Premises that do not exclusively serve the Demised
Premises (unless such utility lines are damaged by Tenant, its employees, contractors, agents,
licensees, guests of invitees). If Tenant fails to perform its obligations wider this Paragraph 32,
then Landlord may (but shall have no obligation to) enter the Demised Premises and perform
such obligations on Tenant's behalf, and Tenant shall, within fifteen (15) days after notice fiom
Landlord of by the end of the Term (whichever comes hist), ieimbuise Landlord for any such
expenses incurred by Landlord.
33, Eminent Domain If any portion of the Demised Premises is permanently taken
colder the power of eminent domain (including any conveyance made in lieu thereof), this Lease
shall teinntnate. All compensation awarded for any taking (oi the proceeds of a private sale in
licit tlncicof) shall be Landlord's property.
34. Public Access Use of the Demised Premises by (lie general public is at then own
tv& Landlord does not assume any duty to of for the benefit of the gencial public for defects in
the location, design, installation, maintenance or repair of the Improvements, for any unsafe
conditions within the Demised Pienuses; of for the failure to inspect for of wain against possibly
unsafe conditions Nothing in this Lease limits the ability of Landlord to avail itself of the
protections offered by any applicable law affording immunity to Landlord, including the
recreational use statute, N.0 Gen. Stat. § 33A -1 et seq , as it may be amended fiom time to tune.
35. Limitation of Liability Landlord's obligations under this Lease do not constitute
peisonal obligations of the nianagets, members, officers or employees of Landlord. Landlord's
15
PPAD 2039408v4

liability under this Lease shall be enforced only against the Demised Premises and not against
any other asscts, piopeitics of funds of Landloid of its managers, membeis, offices or
employees.
A
16
PPAB 20994080

IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed and
sealed all in pursuance of proper legal authority, as of the day and year first above written.
LANDLORD:
VCM Bowman, LLC
By:
Printed Name: Robert B. Bowman
Title: Manager
TENANT:
Town of Cramerton
j'r -le-
11 �`
17
PPAB 2089408v4

EXH1B IT "A"
The Demised Pienuses being shown as "New Parcel 2A," +/- 0.32 aces, on 05/02/13 Survey
attached to this Exhibit A.
18
PPAS 20894U5v4

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SEAL
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STATE OF NORTH CAROLINA
GASTON COUNTY
I certify that this map was drawn from an actual survey made under my
supervision. 10,00o'+
The unadjusted error of closure as calculated Is 1'
Boundaries not surveyed If any, are noted Dead descriptions are
recorded In Book AS , page SHOWN r�
Witness my hand and seal this 21 day of u 20 �3--
afebelonal Land Surveyor
LEGEND
LINES SURVEYED
LINES NOT SURVEYED------- - --
ALL CORNERS ARE AS NOTED O
N.T.S. NOT TO SCALE
EP CALCULATED POINT
OVERHEAD UTILITY LINES--% ti 1. :^
UTILITY POLE raj
METAL FENCE — x— x— x— x —x —x-
WOODEN FENCE
SEWER MANHOLE Q5
MBSL — MINIMUM BUILDING SETBACK LINE
t
PIN(S) — IRON PIN SET
I.PIN(F) — IRON PIN FOUND
I — IRON CMF — CONCRETE MONUMENT(F)
(F) FOUND
(S) SET
! CAROLINAS
DESIGN
GROUP,PLLC
•LAND SURJEYINGoLAND PLANNING
201 West Second Avenue Gaetanla. NC 28052
Phone [phone] + 704 - 864 -9007 A Fax 704 - 854 -9328
NOTES SURVEY MADE USING EXISTING PHYSICAL
EVIDENCE FOUND AT TIME OF SURVEY
SUBJECT PROPERTY MAY BE SUBJECT TO
RECORDED OR UNRECORDED EASEMENTS,
RIGHT —OF —WAYS. SETBACKS AND /OR
RESTRICTIVE COVENANTS NOT SHOWN
HEREON.
NC GRID COORDINATES BASED ON GPS /RTK
OBSERVATIONS AND ARE NA0.83(2011).
RIVER BANK ESTABLISHED AT ELEVATION
569 40'.
ALL POINTS ARE CALCULATED POINTS UNLESS
NOTED OTHERWISE.
GRAPHIC SCALE
30 15 0 30 60
SCALE IN FEET
LEASE SURVEY
OF
PROPOSED CANOE /KAYAK PORTAGE AND OBSERVATION PIER #1
SCALE. 1" = 30' SOUTH POINT TOWNSHIP, GASTON COUNTY, NC DATE OCTOBER 4, 2013
PROPERTY TO BE ACQUIRED BY.
MAP RECORDED IN BOOK AT PAGE DEED RECORDED IN BOOK PAGE
BOOK NO. CADD # 7082CRAMERTON WORK ORDER # 7082 DRAWN BY: GMS TAX ID NO.
0
N
M
m
_4n
"
s
6. 03.,
s B> �cg10
CwS
f
S 210.09,2° W
10.09
PROPOSED CANOE /KAYAK
�z
PORTAGE
3,079.92
Sq Ft S 2 7 W
13.72'
00
0.071
Ac.
0
qj
raN
Iv
S 27'50'45" W
19.56'
f
,ham
5 28'04'32" W
5�
12.43'
O
^ry
N
=
PROPOSED OBSERVATION
N 552,391.62 FT.
X638
PIER
NC ,38 0511.07 (2011)
"p3"
3g IV
S 20'34'00" W
17.48'
p8,
S 26'28'43" W
/
16.64'
LEGEND
LINES SURVEYED
LINES NOT SURVEYED------- - --
ALL CORNERS ARE AS NOTED O
N.T.S. NOT TO SCALE
EP CALCULATED POINT
OVERHEAD UTILITY LINES--% ti 1. :^
UTILITY POLE raj
METAL FENCE — x— x— x— x —x —x-
WOODEN FENCE
SEWER MANHOLE Q5
MBSL — MINIMUM BUILDING SETBACK LINE
t
PIN(S) — IRON PIN SET
I.PIN(F) — IRON PIN FOUND
I — IRON CMF — CONCRETE MONUMENT(F)
(F) FOUND
(S) SET
! CAROLINAS
DESIGN
GROUP,PLLC
•LAND SURJEYINGoLAND PLANNING
201 West Second Avenue Gaetanla. NC 28052
Phone [phone] + 704 - 864 -9007 A Fax 704 - 854 -9328
NOTES SURVEY MADE USING EXISTING PHYSICAL
EVIDENCE FOUND AT TIME OF SURVEY
SUBJECT PROPERTY MAY BE SUBJECT TO
RECORDED OR UNRECORDED EASEMENTS,
RIGHT —OF —WAYS. SETBACKS AND /OR
RESTRICTIVE COVENANTS NOT SHOWN
HEREON.
NC GRID COORDINATES BASED ON GPS /RTK
OBSERVATIONS AND ARE NA0.83(2011).
RIVER BANK ESTABLISHED AT ELEVATION
569 40'.
ALL POINTS ARE CALCULATED POINTS UNLESS
NOTED OTHERWISE.
GRAPHIC SCALE
30 15 0 30 60
SCALE IN FEET
LEASE SURVEY
OF
PROPOSED CANOE /KAYAK PORTAGE AND OBSERVATION PIER #1
SCALE. 1" = 30' SOUTH POINT TOWNSHIP, GASTON COUNTY, NC DATE OCTOBER 4, 2013
PROPERTY TO BE ACQUIRED BY.
MAP RECORDED IN BOOK AT PAGE DEED RECORDED IN BOOK PAGE
BOOK NO. CADD # 7082CRAMERTON WORK ORDER # 7082 DRAWN BY: GMS TAX ID NO.

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SEAL =
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LEGEND
STATE OF NORTH CAROLINA
GASTON COUNTY
I certify that this map was drawn from on actual survey made under my
suparvlelon 10,000'+
The unadjusted error of closure as calculated Is 1'
Boundaries not surveyed If any, are noted peed descriptions are
recorded In Book AS Page SHOWN
Witness my hand and seal thI4 day of "lf• 20 •
co
co
CD
.1
1
51';
8
PROPOSED CANOE /KAY
PORTAGE
N 27'47'14°
11.48'
LINES SURVEYED
LINES NOT SURVEYED------- - --
ALL CORNERS ARE AS NOTED O
N.T.S. NOT TO SCALE
C.P. CALCULATED POINT
OVERHEAD UTILITY LINES
UTILITY POLE r0.,
METAL FENCE — x— x— x— x —x —x-
WOODEN FENCE —o—a—o---a --- a---n-
SEWER MANHOLE (5)
MBSL — MINIMUM BUILDING SETBACK LINE
LPIN(S) — IRON PIN SET
L.PIN(F) — IRON PIN FOUND
iIRON CMF — CONCRETE MONUMENT(F)
F) FOUND
S) SET
of a fanal Land Surveyor
1
l
CAROLINAS
DESIGN
<5 GROUP,PLLC
-!LAND SURVET1NG*LAND PLANNING
201 West Second Avenue Gastonia, NC 28052
Phone. 704 - 854 -9328 a 704 -864 -8007 • Fax 704 --854 -9328
W
o�
�v
0
1
271.73 Sq Ft p
0.029 Ac.
V 549,627.91 FT.
1,380,950.34 FT.
VC GRID NAD.83(2011)
NOTES SURVEY MADE USING EXISTING PHYSICAL
EVIDENCE FOUND AT TIME OF SURVEY.
SUBJECT PROPERTY MAY BE SUBJECT TO
RECORDED OR UNRECORDED EASEMENTS,
RIGHT —OF —WAYS, SETBACKS AND /OR
RESTRICTIVE COVENANTS NOT SHOWN
HEREON.
NC GRID COORDINATES BASED ON GPS /RTK
OBSERVATIONS AND ARE NAD 83(2011).
RIVER BANK ESTABLISHED AT ELEVATION
569.40'
ALL POINTS ARE CALCULATED POINTS UNLESS
NOTED OTHERWISE.
30 15
GRAPHIC SCALE
O 0 80
SCALE IN FEET
LEASE SURVEY
OF
PROPOSED CANOE /KAYAK PORTAGE #2
SCALE: 1" = 30' SOUTH POINT TOWNSHIP, GASTON COUNTY, NC DATE: OCTOBER 4, 2013
PROPERTY TO BE ACQUIRED BY:
MAP RECORDED IN BOOK AT PAGE DEED RECORDED IN BOOK PAGE
BOOK NO. CADD # 7082CRAMERTON WORK ORDER # 7082 DRAWN BY: GMS TAX ID NO

`��vu1111I l ur r11UJ�%
SEAL -
;� L -3657
suRV��4; 4f
J�JJ/11! 1! I I1Ilttttt�`
LEGEND
STATE OF NORTH CAROLINA
GASTON COUNTY
I certify that this map was drawn from an actual survey made under my
supervision. 10, 000'+
The unadjusted error of closure as calculated Is 1'
Boundaries not surveyed If any, are noted end
descriptions ore
recorded in Book AS �Page S OW
Witness my hand and seal this 5rl day of C' • 20
Pr al Land Surveyor
� 1 N
1
� 1
a
1 g12
N 19'51'45" W
29 19'
N 19'51'45" W
19.66'
N 2536'43" W
13.27'
PROPOSED OBSERVATION PIER
LINES SURVEYED
LINES NOT SURVEYED------- - --
ALL CORNERS ARE AS NOTED O
N.T.S. NOT TO SCALE
CF. CALCULATED POINT
OVERHEAD UTILITY LINES
UTILITY POLE r11;
METAL FENCE — x— x— x— x —x —x-
WOODEN FENCE — o— o— a— a --a —a-
SEWER MANHOLE Q
MBSL — MINIMUM BUILDING SETBACK LINE
LPIN(S) — IRON PIN SET
I PIN F) — IRON PIN FOUND
1. — IRON CMF — CONCRETE MONUMENT(F)
�F) FOUND
S) SET
CAROLINAS
DESIGN
4�\> GROU P,PLLC
�.LANNDINGSLAND PLANNING
201 West Second Avenue Gastonia. NC 28052
Phone 704 - 854 -9328 • 704 - 864 -9007 o Fax [phone]
2,294 40 Sq Ft
10 053 Ac.
35
W
co Ln
O
n�
N 549,157.82 FT.
E 1,381,047.26 FT.
NC GRID NAD.83(2011)
NOTES' SURVEY MADE USING EXISTING PHYSICAL
EVIDENCE FOUND AT TIME OF SURVEY.
SUBJECT PROPERTY MAY BE SUBJECT TO
RECORDED OR UNRECORDED EASEMENTS.
RIGHT —OF —WAYS, SETBACKS AND /OR
RESTRICTIVE COVENANTS NOT SHOWN
HEREON
NC GRID COORDINATES BASED ON GPS /RTK
OBSERVATIONS AND ARE NAD 83(2011).
RIVER BANK ESTABLISHED AT ELEVATION
569.40'.
ALL POINTS ARE CALCULATED POINTS UNLESS
NOTED OTHERWISE
30 15
GRAPHIC H I C S �A LE
D 0 60
FM MOP—
SCALE IN FEET
LEASE SURVEY
OF
PROPOSED OBSERVATION PIER2
SCALE: 1" = 30' SOUTH POINT TOWNSHIP, GASTON COUNTY, NC DATE: OCTOBER 4, 2013
PROPERTY TO BE ACQUIRED BY.
MAP RECORDED IN BOOK AT PAGE DEED RECORDED IN BOOK PAGE
BOOK NO CADD # 7082CRAMERTON WORK ORDER # 7082 DRAWN BY: GMS TAX ID NO

+�`1►CARO�����'.
a oFESSroy' !�vF
SEAL {.
= L -3657
o
SUM���c
4.`
���Il f l f 111 l 1 l 111111`
STATE OF NORTH CAROLINA
GASTON COUNTY
certify that this map was drawn from an actual survey made under my
supervision. 10,000'+
The unadjusted error of closure as calculated Is 1'•
Boundaries not surveyed If any, are noted peed descriptions are
recorded In Bad. AS page SHOWN
Witness my hand and seal this day of 20 —13•
r
O
� 1
N 544,095.05 FT
A E 1,380,719.05 FT.
NC GRID NAD.83(2011)
N
A
N 13'02'07" W
28.04' ��—� --
N 12'17'52" W
11 56
PROPOSED PIERSERVATION \ /'
1/
N 15'20'29" W
22.43'
PROPOSED CANOE /KAYAK
PORTAGE
LEGEND
N 14'44'10" W
38.00'
LINES SURVEYED
LINES NOT SURVEYED------- - --
ALL CORNERS ARE AS NOTED 0
N.TS NOT TO SCALE
C P CALCULATED POINT
OVERHEAD UTILITY LINES
UTILITY POLE cu.
METAL FENCE — x— x— x— x —x —x-
WOODEN FENCE — a— n— a— a —u —o-
SEWER MANHOLE SO
MBSL — MINIMUM BUILDING SETBACK LINE
I-PIN(S) — IRON PIN SET
I.PIN(F) — IRON PIN FOUND
I — IRON CMF — CONCRETE MONUMENT(F)
(F) FOUND
(S) SET
CAROLINAS
DESIGN
GROUP,PLLC
BLAND SURVEYING *LAND PLANNING
201 West Second Avenue Gastonia, NC 28052
t 704 -864 -9007 • Fox 704 -854 -9328
34
Visional Land Surveyor
,
0% � O
�O
2,197.82 Sq Ft vP-;d
S� 4 44'afl�, W 0 050 Ac. � 1
36 1,041.11 Sq Ft
0.024 Ac.
2�
Go n
� 4 49,1p!, w
X7.5 N 544,000.26 FT
E 1,380,771.34 FT.
NC GRID NAD.83(2011)
1
1
1
NOTES: SURVEY MADE USING EXISTING PHYSICAL
EVIDENCE FOUND AT TIME OF SURVEY
SUBJECT PROPERTY MAY BE SUBJECT TO
RECORDED OR UNRECORDED EASEMENTS,
RIGHT —OF —WAYS, SETBACKS AND /OR
RESTRICTIVE COVENANTS NOT SHOWN
HEREON.
NC GRID COORDINATES BASED ON GPS /RTK
OBSERVATIONS AND ARE NAD 83(2011)
RIVER BANK ESTABLISHED AT ELEVATION
569 40'.
ALL POINTS ARE CALCULATED POINTS UNLESS
NOTED OTHERWISE
GRAPHIC SCALE
30 15 0 30 60
P��=0000019— 01010101
SCALE IN FEET
Phone [phone]
LEASE SURVEY
PROPOSED CANOE/
SCALE: 1" — 30'
PROPERTY TO BE ACQUIRED BY:
OF
AYAK PORTAGE AND OBSERVATION PIER
SOUTH POINT TOWNSHIP, GASTON COUNTY, NC DATE' OCTOBER 4, 2013
MAP RECORDED IN BOOK AT PAGE DEED RECORDED IN BOOK PAGE
BOOK NO. CADD # 7082CRAMERTON WORK ORDER # 7082 DRAWN BY: GMS TAX ID NO.