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HomeMy WebLinkAbout20141144 Ver 1_Shoreline Stabilization_20141028McGiJI 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 w w U Q w a U U Z Z 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 KOZ -8LE (8Z8)'Hd ON •.LN07I'J1H MN N' .iS H361 0ZT 4, 710 O 35 mn rrou VNloNV3 W.MON 'NOIS O �» N�1tl3NYN7 ezriozi �0NdNI3 JNINNVZd OKIZI3rZNIJNH %�,,,,��a!3 saw3a'isNOD (— m sail , �, N0IU "J JO ��3N�'�'m w .. Ti) »a :AaaM� w _ = uo:i 103roNd NHVd ONWISI a °.T 'Aa � s N`dld 311S 02�3� E(oz ' eai ova w ° ,,,,��ol ivoo 43SOd0Nd d aza(oz( :•oN aor VMOAIVr d N01 VA83590 '1SIX3 3001?£ S � M 10 HMOCI d `1SIX3 1SIX3 Z 0 F w 0 Print Map Page 1 of 1 Area #1 x N 10/16/2014 z n z � o Qqo P r � 4� t .i 29 0 1 s n County GIs Disclaimer: The information provided is not to be considered as a Legal Document or Description. 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Lo 9 C9 PROP CANOE 0 Q 9 ' 1 ,� _ -- - - - --- KAYAK PORTA E W o AREA 0 024 AC OR 1,041 1 SF 0 Y ♦ ♦ 0 °' V �lnylinli�l ul�� m \ 2 a Z ACCESS TRAILS TO Q BE INSTALLED TO AVOID 1- ` �p \ \\ REMOVAL OF TREES I— tpo Z S AREA 4 SHEET BAR SCALE ,• 0 30 60 90 120 C -103 NO DATE BY REVISION DESCRIPTION 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. 7 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 $ m Y fy Z MW 3 °fi i6 a y� =Le€' E O W W as C. In 3 °M ,3 �Z� f a� 1 IILIfII i .no zt� Z tj3 y1°� SsSlo; e a� cli iu� 15 `0 °z n\y o j 6.W N W 1N W�sss �I�� 114 1 N q•4175 �Q o� wr N m �m ttto cuN j '102 i r1N �J �,�1ii916a g 3 523 9y ` 4 -00.e. S ti �v N4- Da znp� N80, a 0 In W00 � �Ln No / CO • , ��m / W y / "M MIR v N na� U� a7 N C. OD Z \y c x 3 2 6s Br Y v � saa A z �w aF Ao � aaI o a , 1I 0 e� 6a '61 :; � PO gim, 3 as g R Ib eQ s HIM a �� S 1111 If III1/,01 i tsslo SEAL L-3657 e 4W fllncm 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 704- 854 -9328 + 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 704- 854 -9328 + 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. .G OFFS$ /Q���/r� SEAL = L -3657 ` ofr111M11111ctJ1Q,`,```� 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 704 -854 -9328 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 704 -854 -9328 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.