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HomeMy WebLinkAboutWQ0031396_More Information (Received)_20230206Initial Review Reviewer Thornburg, Nathaniel D Is this submittal an application? (Excluding additional information.) * Yes No If not an application what is the submittal type?* Annual Report Residual Annual Report Additional Information Other Permit Number (IR) * WQ0031396 Applicant/Permittee Lake Point Properties on Santeetlah, LLC Email Notifications ....... ........ ......... ......... ......... ....... Does this need review by the hydrogeologist? * Yes No Regional Office CO Reviewer Admin Reviewer Submittal Form Project Contact Information Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Name* Jack Minski Email Address* jack.minski@gmail.com Project Information Application/Document Type* New (Fee Required) Modification - Major (Fee Required) Renewal with Major Modification (Fee Required) Annual Report Additional Information Other Phone Number* 786 271-3850 Modification - Minor Renewal GW-59, NDMR, NDMLR, NDAR-1, N DAR-2 Residual Annual Report Change of Ownership We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form. hftps://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Perm it Type:* Wastewater Irrigation High -Rate Infiltration Other Wastewater Reclaimed Water Closed -Loop Recycle Residuals Single -Family Residence Wastewater Other Irrigation Permit Number: * WQ0031396 Has Current Existing permit number Applicant/Permittee Address* 21500 Biscayne Blvd Suite 600, Aventura, FL 33180 Facility Name* Santeetlah Lakeside WWTP Please provide comments/notes on your current submittal below. Here is the additional information requested in your letter of January 9, 2023 for the above referenced application. At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg at nathaniel.thornburg@ncdenr.gov. Please attach all information required or requested for this submittal to be reviewed here. (Application Form, Engineering Plans, Specifications, Calculations, Etc.) WO0031392 Full Responses to Follow- Up Lettter of 1-9- 20.39MB 23.pdf Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger than upload limit. * By checking this box, I acknowledge that I understand the application will not be accepted for pre -review until the fee (if required) has been received by the Non - Discharge Branch. Application fees must be submitted by check or money order and made payable to the North Carolina Department of Environmental Quality (NCDEQ). I also confirm that the uploaded document is a single PDF with all parts of the application in correct order (as specified by the application). Mail payment to: NCDEQ — Division of Water Resources Attn: Non -Discharge Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Signature CA" w Submission Date 2/5/2023 Items Al & C1 Lake Point Properties on Santeetlah, LLC Application No. WQ0031396 Cover Letter Application Package February 3, 2023 Below you will find a list of the items included in the original application package and a second list with the additional or replacement items included in the resubmission as per letter dated January 9, 2023, from Lauren Raup-Plummer. Items Included in Original Application Package: 1. Construction Only permit with cover letter, dated March 28, 2019 2. Survey Plat showing location of major elements (Being resubmitted below) 3. Professional Engineer Certification (Being resubmitted below) 4. Form NDPONC 06-16 — Change of Ownership, with supporting documentation 5. Project Plat showing residential lots and condo site and indicating the sewer solution of each. Also shows location of Recreational Amenity and drip field. (Being Resubmitted below) 6. Operating and Management Plan (Being resubmitted below) 7. Wastewater System Description and Drawings 8. Residential Flow Reduction Approval 9. Contract with Operator, Environmental, Inc for No Flow phase. 10. Water Pollution Control System Operator Designation Form 11. Santeetlah Lakeside Declaration of Covenants, Conditions, and Restrictions (CC&Rs) (Amendment to this being submitted below.) 12. By -Laws of Santeetlah Lakeside Owners Association Items Included in this Resubmission as per January 9, 2023, letter, referenced above. Items in [brackets] refer to the numeration in said letter, where applicable. 1. Cover letter. Please note that this application is being changed from "Construction Only" to "Continued Operation". [Al] & [Cl] 2. Form RWPI 06-16, duly signed by Mr. Jack Minski, Managing Member of Lake Point Properties on Santeetlah, LLC [C2] 3. Plat map of Santeetlah Lakeside Project showing location of recreational amenity, drip irrigation field, residential lots, condo site, and sewer solution of each residential unit on the project. (Replacing #5 in list above) [D1a] 4. Aerial photograph showing location and identification of wastewater system, drip fields, recreational amenity, monitoring wells, and future condominium site, as well as location of existing roads in the area immediate to these facilities. [4] 5. Recorded survey plat showing information required by Condition 1.6 and properly labeled. 100-year floodplain is not shown since the property is located next to a lake with a dam and any flooding above the lake's shoreline would go over the spillway. (Replacing # 2, above) [D1b] See Recording Stamp on attached copy 6. Amendment to the CC&Rs included as #11 above, showing no changes to the operative provisions of the original CC&Rs (Article 5) where the association agrees to take charge and responsibility for the wastewater plant upon delivery by the developer at the end of the Development Period. (This amends # 11, above) [D2a] 7. A copy of the approved budget for 2022-2023, showing the maintenance of the Recreational Area as a separate line item and a Recreational Area Description. [D2b] 8. Engineer's Certification filled out in the appropriate form. (Replacing # 3, above) [3] 9. Facility Description listing the correct number of residential units and eliminating the private bathhouse and the food stand, which are not being built. [5] 10. Copy of contract with Environmental, Inc. as Operator for when the system becomes operational and changes from "No Flow" to "Flow" status. [E2] 11. Operations and Maintenance Plan (This replaces # 6 above) [F] In addition, we have checked with the WPCSOCC and verified that Environmental, Inc is registered. Lake Point Properties on Santeetlah, LLC Jack Minski Managing Director Item C2 State of North Carolina DWR Department of Environmental Quality Division of Water Resources 15A NCAC 02U — RECLAIMED WATER SYSTEMS — PROJECT INFORMATION Division of Water Resources INSTRUCTIONS FOR FORM: RWPI 06-16 & SUPPORTING DOCUMENTATION Please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of additional information requested. Failure to submit all of the required items will lead to additional processing and review time for the permit application. For more information, visit the Water Quality Permitting Section Non -Discharge Permitting Unit website. General —This form is required for all projects involving the generation, utilization, and or distribution of reclaimed water. At least one of the following forms must also be included in the application package. However, multiple forms may be applicable. Unless otherwise noted, the Applicant shall submit one original and two conies of the application and supporting documentation. Please check the boxes below as appropriate to indicate which additional forms are included in the application package: ❑ Reclaimed Water Generation (FORM: RWG) — for wastewater treatment facilities producing reclaimed water. ❑ Non -Conjunctive Utilization (FORM: RWNC) — for reclaimed water utilization activities, when the reclaimed water utilization activity is required in order to meet the wastewater disposal needs of the facility. ❑ Conjunctive Utilization (FORM: RWCU) — for reclaimed water utilization activities, when the reclaimed water option is not necessary to meet the wastewater disposal needs of the facility and other wastewater utilization/disposal methods are available. ❑ Bulk Distribution (FORM: RWBD) — for distribution of reclaimed water in a bulk manner. ❑ Distribution Lines (FORM: RWDL) — for construction of reclaimed water distribution lines. ❑ Wetland Augmentation (FORM: RWWA) — for projects seeking to utilize reclaimed water for the purpose of wetland augmentation. ❑ Local Program Approval (FORM: RWLPA) — for projects seeking permitting delegation for reclaimed water users. A. Cover Letter (All Application Packages): ❑ List all items included in the application package, as well as a brief description of the requested permitting action. B. Application Fee (All New and Major Modification Application Packages): ❑ Submit a check, money order or electronic funds transfer made payable to: North Carolina Department of Environmental Quality (NCDEQ) according to the following fee schedules: ❑ STANDARD REVIEW — Submit the appropriate fee for all new and major modification applications as listed in the table below. Facility Classification New Permit Major Modification 1 Major Generator/User (ADF > 10,000 gallons per day) F$1,3 10 $395 Minor Generator/User (ADF < 10,000 gallons per day) $810 $245 Reclaimed Water Distribution Lines $480 N/A ' A major modification shall be defined as any permit modification that: increases the generating facility's average daily flow (ADF); increases the utilization area acreage; adds additional utilization areas not previously approved; or includes the addition of new treatment units/processes not previously permitted. There is no fee for minor permit modifications. INSTRUCTIONS FOR FORM: RWPI 06-16 & SUPPORTING DOCUMENTATION Page 1 of 2 C. Reclaimed Water Project Information Form (FORM: RWPI 06-16) (All application packages): ❑ Submit the completed and appropriately executed Reclaimed Water Project Information (FORM: RWPI 06-16) form. Please do not make any unauthorized content changes to this form. ❑ The applicant name in Item I.1. shall be consistent with the applicant name on the plans, specifications, agreements, etc. ❑ The Applicant's Certification on Page 3 of this form shall be signed in accordance with 15A NCAC 02T .0106(b). The application must be signed by a principal executive officer of at least the level of vice-president or his authorized representative for a corporation; by a general partner for a partnership or limited partnership; by the proprietor for a sole proprietorship; and by either an executive officer, an elected official in the highest level of elected office, or other authorized employee for a municipal, state, or other public entity. An alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). ❑ If this project is for a renewal without modification, use the Non -Discharge System Renewal (FORM: NDSR) application. There is no fee for permit renewal without modification. D. Existing Permit: (All Modification Packages): ❑ Submit the most recently issued existing permit. ❑ Provide a list of any items within the permit the Applicant would like the Division to address during the permit modification (i.e., compliance schedules, permit description, monitoring, permit conditions, etc.). ONE ORIGIANL AND TWO COPIES OF THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 TELEPHONE NUMBER: (919) 807-6464 By Courier/Special Delivery: 512 N. SALISBURY STREET RALEIGH, NORTH CAROLINA 27604 FAX NUMBER: (919) 807-6496 INSTRUCTIONS FOR FORM: RWPI 06-16 & SUPPORTING DOCUMENTATION Page 2 of 2 State of North Carolina DWR Department of Environmental Quality Division of Water Resources Division of Water Resources 15A NCAC 02U — RECLAIMED WATER SYSTEMS — PROJECT INFORMATION FORM: RWPI 06-16 I. GENERAL INFORMATION: 1. Applicant's name: Lake Point Properties on Santeetlah, LLC Mailing address: 21500 Biscayne Blvd Suite 600 City: Aventura State: FL Zip: 33180- Telephone number: (786) 271-3850 Email Address: jack.minskikgmail.com 2. Signature authority's name: Jack Minski (per 15A NCAC 2U .0106) Title: wing Member 3. Applicant type (check all that apply): ❑ Government > ❑ Federal ❑ State ❑ Municipal ❑ County ❑ Individual ❑ Corporation ✓ For new permits, submit documentation that the company is registered for business with the NC Secretary of State. ❑ General Partnership ✓ For new permits, submit a copy of the certificate filed with the Register of Deeds in the county of business. ❑ Privately Owned Public Utility ✓ For new permits, submit a Certificate of Public Convenience and Necessity from the NC Utilities Commission, or a letter from the NC Utilities Commission's Water and Sewer Division Public Staff stating an application for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise approval is expected. ❑ Home Owners Association ✓ For new permits, submit a properly executed Operational Agreement (FORM: HOA); and proposed or approved Articles of Incorporation, Declarations and By-laws. ® Developer (where residential lots are to be sold) ✓ For new permits, submit a properly executed Operational Agreement (FORM: DEV) 4. Demonstration of historical consideration for permit approval: Has the Applicant or any parent, subsidiary or other affiliate exhibited the following? a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.6B? ❑ Yes or ® No b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ® No FORM: RWPI06-16 Page 1 of IL PROJECT INFORMATION 1. Application type: Minor Modification (See Instruction B) Fee Submitted N/A (See Instruction B) 2. For modifications, provide the existing permit number: WQ0031396 and most recent issuance date: March 28, 2019 3. Provide a brief description of the activities proposed for permitting: The applicant is requesting to put the constructed facility in operation upon satisfying the conditions outlined in the previous permit issuance. 4. What is the status of the following associated permits and/or certifications ? (if not applicable, please mark as N/A) Permit/Certification Date Submitted Date Approved Permit/Certification No. Agency Reviewer Collection System Q > 200 000 GPM Dam Safety Erosion & Sedimentation Control Plan Nationwide 12 / Section 404 Pretreatment Sewer System Stormwater Management Plan Other: ✓ For any of the permits and certifications listed above that will directly impact the construction of the proposed reclaimed water project, please provide documentation of permit approval or final certification. Note: This application may be considered incomplete, or the resulting permit may be issued conditionally if a pending issuance of any of the related permits/certifications directly impacts the proposed facility. 5. Documentation of the presence or absence of threatened or endangered aquatic species at the project site utilizing information provided by the Department's Natural Heritage Program is required for construction of all new WWTP projects and/or non - conjunctive utilization sites, and for any project involving expansion of a WWTP and/or non -conjunctive utilization site in accordance with 15A NCAC 02T .0105(c)(10). Provide the location in application package where this documentation is located: ; or explain why this item is N/A. 6. Does this project utilize public monies or lands? ❑ Yes or ® No ✓ If yes, was an Environmental Assessment required under 15A NCAC QIC? ❑ Yes ❑ No Include one of the following final environmental documents with this submittal: ❑ Finding of No Significant Impact, or ❑ Record of Decision Describe any mitigating factors from the Environmental Assessment that impact the design and/or construction of the reclaimed water project: 7. Is any portion of the proposed project (reclaimed water treatment units, storage units, distribution lines, or utilization areas) located within the 100 year flood plain? ❑ Yes or ® No ✓ If yes, specify which portion(s) of the project are affected? ✓ If yes, has the Applicant submitted written documentation of compliance with � 143 Article 21 Part 6? ❑ Yes or ❑ No FORM: RWPI 06-16 Page 2 of 3 Documentation should consist of a letter from the local authority (i.e., county/municipality) stating that the project complies with any local floodplain ordinance that may apply. FORM: RWPI 06-16 Page 2 of 3 Applicant's Certification (signing authority must be in compliance with 15A NCAC 02U .0106): I, Jack Minski Managing Member (signing authority name — PLEASE PRINT) (title) attest that this application for Santeetlah Lakeside WWTP W00031396 (facility name) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. I further certify that the applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and do not have any overdue annual fees under Rule 15A NCAC 02U .0105. Note: In accordance with NC General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Signature: Date: 2/02/23 FORM: RWPI 06-16 Page 3 of 3 Z Z W Z) do \LU\ W W Z` ; '�. og — --� _ / ` i' �' c� I o a �" , — �w� W io M�m \ 0 4 W U Q F- uj OW \ g z rLru LL U Z z � Ul a gip, s . N U) (o C v �� a�G�iuq- It O C Q C C C i� Z C a) +� U (� 4 �J O O � +� O h` o'ao W L (z " — � C co Oy vi V C a) �_— QC d Z LU LZ Cl) w LU LLI WaN UJ 00 z F \ o a o W LLI z RN W 0 co�yAll, LLI Zu E tA N K N _ Doc ID: 000723260055 Type: CAP Kind: AMENDMENT Recorded: 02/09/2022 at 08:46:44 AM Fee Amt: $186.00 Pape 1 of 55 Graham County, North Carolina KIMBERLY D. LEDUIRE Register of Deed: B400 PG749-803 FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE AND SUPPLEMENTAL DECLARATION TO SUBJECT ADDITIONAL PROPERTY TO THE DECLARATION Cross Reference: Book 224, Page 321, Graham County, North Carolina, records This First Amendment to Declaration of Covenants, Conditions, and Restrictions for Santeetlah Lakeside and Supplemental Declaration to Subject Additional Property to the Declaration (this "Amendment') is m5e and entered into pursuant to Section 15.2(b) of the Declaration (as defined below) on this 9 day of 20221 by members of the Santeetlah Lakeside Owners Association, Inc., a North Carolina no fit corporation, (the "SLOA") holding not less than sixty-seven percent (67%) of the Class "A" votes of the membership. The Declarant under the Declaration, IBEX Thunderbird, LLC, no longer owns any property which is subject to the Declaration or which may be unilaterally subjected to the Declaration by the Declarant. Additionally, Santeetlah Lakeside Owners Association II, Inc., ("SLOA 11") a North Carolina nonprofit corporation, joins this Amendment to consent to its acceptance of being the Association under the Declaration, and certain undersigned owners of property within the land described as the Additional Property hereto join this Amendment to consent to their property being subject to the Declaration. WITNESSETH: WHEREAS, on November 26, 2002, the Declarant did make and declare certain covenants covering an area of 4.29 acres of real property, situated in the Town of Lake Santeetlah, Graham County, North Carolina, said covenants being recorded as the Declaration of Covenants, Conditions, and Restrictions for Santeetlah Lakeside, and recorded in the Graham County, North Carolina, Register of Deeds (the "Public Records") on December 11, 2002, at Book 224, Page 321 (as amended hereby, the "Declaration"). Capitalized terms not specifically defined herein shall have the meaning ascribed to them in the Declaration; WHEREAS, pursuant to Section 15.2(b) of the Declaration, the Declaration may be amended by an instrument signed by members ("Members") holding not less than sixty-seven percent (67%) of the Class "A" votes of the membership in the SLOA; WHEREAS, pursuant to Section 3.1 of the Declaration, every owner of a Unit shall be a Member of the SLOA; WHEREAS, pursuant to Section 3.2 of the Declaration, the SLOA shall have two classes of members, Class "A" and Class `B", with the Class "B" membership ceasing to exist and being converted to Class "A" membership upon the termination of the Development Period, which has already occurred, meaning all Class "B" votes have been converted to Class "A" votes; WHEREAS, pursuant to Section 3.2 (a) of the Declaration, Class "A" Members shall have one equal vote for each Unit in which they hold the interest required for membership under Section 3.1; provided, however, there shall be only one vote per Unit and no vote shall be exercised for any property exempt from assessment under Section 9.11 of the Declaration; and WHEREAS, Members holding not less than sixty-seven percent (67%) of the Class "A" votes of the membership in the SLOA have expressed their desire to amend the Declaration (i) to remove all references to the SLOA and to replace such references with references to SLOA Ii such that SLOA II shall be the "Association" under the Declaration as of the date of this Amendment and such that all owners of Units within the real property subject to the Declaration shall be members of the Association; (ii) to add additional Property to the Declaration pursuant to Section 7.1 thereof and revise Exhibit "A" of the Declaration accordingly; (iii) to designate SLOA 11 as the "Association" and to confirm that SLOA Il is the "Association" as such term is utilized in the Declaration, and (iv) to address other matters related to the Properties and the Declaration. NOW THEREFORE, the requisite number of Members, by their execution of this Amendment below, hereby amends the Declaration as follows: I . SLOA 11 to replace SLOA. The term "Association" in the Declaration shall be amended to mean and refer to SLOA 11. All references in the Declaration to SLOA shall be stricken and replaced by a reference to SLOA 11, All Owners of Units shall be Members of SLOA 11 as of the date of this Amendment. SLOA 11 hereby accepts its designation as the Association by its execution evidencing its consent below. The members, by their execution below, hereby acknowledge receipt and review of the Resolution by the Board of SLOA to dissolve SLOA and approve and authorize the dissolution of SLOA pursuant to Article 9 of the Articles of Incorporation of SLOA and further authorize the President and Secretary of SLOA II to execute this Amendment. The undersigned parties to this Amendment hereby acknowledge that upon the recordation of this Amendment in the Public Records, SLOA shall be deemed to be abolished, and SLOA 11 shall be the Association pursuant to the Declaration. 2. Declarant. Section 1.15 of the Declaration is amended to provide that the Declarant shall be Lake Point Properties on Santeetlah, LLC, a North Carolina limited liability company. The remainder of Section 1.15 beginning with "...or any successor,..." shall remain in place. The Declarant shall have the right to create a condominium and record a condominium declaration on a portion of the Properties, provided that pursuant to the terms of such condominium declaration, a separate condominium association will be created pursuant to applicable law that will control and maintain the common elements of the condominium structure. Condominium Owners will also be members of SLOA II and assessed accordingly. 3. Development Period. The final sentence of Section 1.19 of the Declaration shall be amended and replaced with the following: "Notwithstanding anything to the contrary contained herein, the Development Period shall automatically terminate upon the first to occur of (i) ninety (90) days after the sale by the Declarant or a Declarant Related Entity of all but one (I) Unit that is a separately platted lot or separately created condominium unit (to the extent any condominium units are constructed) to an Owner other than a Builder; or (ii) January 1, 2031. 4. Board. The last sentence of Section 3.2(b) of the Declaration shall be amended to read as follows: Until the termination of the Development Period, the Board shall consist of five (5) members. During the Development Period, the Class "B" Member shall appoint three (3) of the five (5) members of the Board and the Class "A" Members shall elect two (2) of the five (5) members of the Board. The Board shall meet at least quarterly and shall also provide quarterly financial statements (unless four (4) of five (5) members consent to waiving the quarterly meeting or quarterly financial statements). 5. ARB. The second sentence of the second paragraph of Section 9.2 of the Declaration shall be stricken and replaced with the following: "Until 100% of the Properties have been developed and conveyed to Owners other than Builders, and initial construction on each Unit has been completed in accordance with the Design Guidelines, the Declarant retains the right to appoint all members of the ARB except that one member shall be an architect (who may not review his/her own work), the approval of which will require the consent of a majority of the Board. 6. Annexation of Additional PropeM by Declarant- Owner Consent. Section 7.1 of the Declaration shall be amended to permit the Declarant to subject all of the remaining property within the Additional Property to the Declaration as of the date hereof. Accordingly, Declarant hereby subjects to the Declaration or otherwise confirms the prior submittal to the Declaration of real property described on Exhibit "A", attached hereto and incorporated herein by reference, all of which shall be deemed to be the Properties. As to portions of the Additional Property first submitted to the Declaration by this Amendment but not owned by the Declarant, such Owners have consented to their property being made subject to this Declaration, as amended by this Amendment, by their consent to this Amendment. Because all of the remaining property within the Additional Property shall have been subjected to the Declaration on this date, the remainder of Section 7.1 shall be deleted. 7. Date of Commencement of Dues; Reserve Contribution. Section 8.9 of the Declaration is hereby amended to provide to that the term "assessments" may also be referred to interchangeably as "dues" wherever the term "assessment" or "Assessment" appears in the Declaration. Section 8.9 of the Declaration is hereby further amended to provide that dues shall commence as to each Unit currently existing on the first day of the first month after recordation of this Amendment, and for Units to be created in the future on the date such Unit is subdivided by plat or created by recordation of condominium. Sections 8.5 and 8.12 of the Declaration are amended to provide that in addition to annual assessments and any contribution to working capital that is due in accordance with the terms of the Declaration, all current Owners and all future initial Owners of Units from the Declarant will contribute an additional monthly payment equal to one -twelfth (1/12) of the annual General Assessment to be collected monthly for the first six (6) months following this Amendment as to current Owners or following the acquisition of the Unit as to future new Owners (the "Reserve Contribution"). The funds collected from the Reserve Contribution shall be used to establish a reserve fund for the Association and will be in addition to, not in lieu of, any other amounts due to the Association pursuant to the Declaration. As to Units owned by the Declarant, Declarant shall make monthly payments per the approved budget including the Reserve Contribution. 8. Tapoco. The reference to "Tapoco, Inc.," in Section 1.24 of the Declaration shall be deleted and replaced with "Brookfield Smoky Mountain Hydropower, LLC." 9. Waiver and Release. In consideration of this Amendment, the Properties and Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each undersigned party, SLOA 11, each Owner and Lake Point Properties on Santeetlah, LLC, a North Carolina limited liability company, and Lake Point Investments of NC, LLC, a North Carolina limited liability company (the "Releasing Parties"), do hereby knowingly and voluntarily completely and fully release and forever discharge SLOA, the original declarant under the Declaration, the Declarant, Lake Point Properties on Santeetlah, LLC, a North Carolina limited liability company, and Lake Point Investments of NC, LLC, a North Carolina limited liability company, the parent and subsidiary and affiliated companies of any of the foregoing, their board members, partners, directors, administrators, officers, agents, servants, employees, insurers, sureties, attorneys, fiduciaries, and representatives, heirs, executors, successors, and assigns, past and present and each undersigned party, SLOA Il and each Owner (collectively, "Released Parties"), from and with respect to any and all claims, demands, actions, causes of action, suits, proceedings, rights, liabilities, damages, costs, losses, expenses, compensation, and claims for relief of whatsoever nature, kind of character, past and present, known and unknown, anticipated and unanticipated, suspected and unsuspected, accrued or unaccrued, and whether in law or at equity that the Releasing Parties may have had or may now have against the Released Parties ("Released Claims") by reason of, resulting from, growing out of, arising from, connected with, or pertaining in any way to the Properties, including, without limitation, the development and governance thereof. 10. By -Laws. Section 1.10 of the Declaration shall be deleted and replaced with the following: 3 1.10 "By -Laws": The By -Laws of Santeetlah Lakeside Owners Association I1, Inc., attached as Exhibit "B" to this Amendment, as they may be amended. H. Enforcement, SLOA II, or any Owner, shall have the power to enforce conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration as amended by this Amendment. Failure by SLOA I1 or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12. Partial Invalidity. Invalidation of all or any portion of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 13. Counterpart . This Amendment may be executed and acknowledged in several counterparts. This Amendment shall become effective when Members holding not less than sixty-seven percent (67%) of the Class "A" votes of SLOA have executed this Amendment and this Amendment has been recorded in the Public Records. IN WITNESS WHEREOF, the undersigned, consisting of at least sixty-seven percent (67%) of the votes of SLOA have hereunto set their hands on the dates set forth below. [SIGNATURE PAGES OF REQUISITE NUMBER OF MEMBERS, SLOA 11, AND OWNER CONSENTS, AS NECESSARY, FOLLOW] H SIGNATURE PAGE OF ENTITY MEMBERS OF SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE NAME OF ENTITY: L JA-�-- 4p' $R� ��5 a� s Ar•�h .�� F \�•-L BY: ITS: tq `A — Address: Z\ So---,, Owner of Lot((ss)/Unit(s): k i 1 ,4 t , V4 STATE OF COUNTY OF OICAm,p&0-6- , LS�ty-Ql�.[v� , a Notary Public of the County and State aforesaid, certify that Ta c. L P'YlkPXC, being personally known to me, personally appeared before me this day and acknowledged that s/he is the of Ve _ , a , and that s/he, as t•AP Qo-,xy , being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. Witness my hand and official seal this! day of �\� , 20.-14 Not ry Public (Official Seal) My commission expires: 1 g a2Gc}� CAIHERINE L. PATTEASON Notary Public - State of Florida L[ ' • = Commission 0 GG 235792 ' My Comm. Expires Jul 8, 2022 Sonde o ,t.wugh National Nntary Assn. 0 SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE Name: 1i05 :5 /Vo v Name: Signature: Signature: Address: /k� i�� 4tR" Owner of Lot(s)IUnit(s): STATE OF IJ C COUNTY OF a 1, P (11 L LJ i G C, c ti; S a Notary Public for the State of 1„ C-- , do hereby certify that lose— �2 personally appeared before me this day and acknowledged the ydp�efexecution of the foregoing First Amendment to Declaration for the purposes stated therein. *�Vitn s y•�ancl and official seal this day of 14vr,1 2021. 04v l Notary Public NIl t AMom 3 �Y flit�l,�Seal)ssion exp s: S STAT516F ) COUNTY OF 1, , a Notary Public for the State of , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this, day of (Official Seal) My commission expires: , 20 Notary Public SIGNATURE PAGE OF ENTITY MEMBERS OF SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE NAME OF ENTITY: fu-�vqA CrAPt-tA'L ,t-L BY: ITS: NN'� Address: Z\ ro0 IDAscg-f Nr-- —I;u - cQ� . Fes- 33\ SO Owner of Lot(s)/Unit(s): (4 , :3 STATE OF COUNTY OF AOV4( -Nt Ak 1, �a DY1 , a Notary Public of the County and State aforesaid, certify that -IyCkMiASkq, being personally known to me, personally appeared before me this day and acknowledged that s/he is the *" A*► of �Ljvvwr,- , a (-` k-�-L , and that s/he, as r-1r,.+ , being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. Witness my hand and official seal this day of �t 1 , 20 2A o Public (Official Seal) My commission expires: C HERINE L. PATTERSaN Notary PutiVic . state 01 Florida A C0111mi5Si0n #k GG 215?92 C es JUV a. 2022 y omm kxpif �'•`,' °� nugr Nat nnal Nn111V Assn T SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE Name: Jc5F— ri 1 mCA Name: Signature: Signature: Address: ::;0i5�{,�tz lei NNE C�o[-Wo �h5p 1� Owner of Lot(s)/Unit(s): STATE OF � � pQ t 6LO"�, ) COUNTY OFec rnf I, POL-kf�b�n , a Notary Public for the State of 1of� ��, do hereby certify that -C,7St_ fWk n<k-i personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. -k-- Witness my hand and official seal this day of , 20? eR2.�►-e �+, Not ry Public (Official Seal) My commission expires: -7 9-LZ STATE OF CATHERINE L. PATTERSUN } r°, Notary Public - State of Horida COUNTY OF Commission #F GG 235:'92 ' *e:= My Comm. Expires Jul S, 2022 Bnnded'Nough Nationa Notary Assn, 1, , a Notary Public for the State of , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this day of (Official Seal) My commission expires: , 2Q Notary Public SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE Name. LG�ynp• e tA�fz Name: `�e� c _� SignatureSignature: Address: a GL �)✓�""' Owner of Lot(s)/Unit(s): STATE OF COUNTY OF NC"-'-k r\ 1, �5s q kr`o r , a Notary Public for the State of mar• JA , do hereby certify that W Al.0,Y ti W -}aALLS ersonally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this 04-day of " , 20�. (Official Seal) STATE OF F �� COUNTY OF �'F�i-+ n SS� n , Notary Public My commission expires: I 2 c, MEWSSAHORD2023 *; MY COMMISSION # G o EXPIRES: January Bonded ihiu Notary PIIb 1,��s��� C [� a Notary Public for the State of rlov-s , do hereby certify that w4140 "'" 5 / rsonally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this O�day of V"I , 20 . WaLA� SS ✓ Not Public (Official Seal) My commission expires: MEUSSAHORTON W COMMISSION # GG 296137 .yt'o EXPIRES: January 29, 2023 Bonded Thru Notary Public Undenwitefe SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE Name: G _U C+Yc-`L Name: Signature: Signature:�� Address: 57 �. Owner of Lot(s)/Unit(s): STATE OF F I OV) d (i ) COUNTY OF J } L, E I I (i a Notary Public for the State of Cr, do hereby certify that b, 1 2 personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this jr day of 44k 202 (Official Seal) STATE OF FI UV 1 C1 Cd _ ) ) COUNTY OF M 1 CiI'1-11 , Notary Public My commission expires: JENNIFERPEREZ-VALDIVIA MY COMMISSION # GG 914629 EXPIRES: September 19, 2023 9Lrdej ihru Notary Public Underxrilers 1, �f t t rC Y �LY C` f C, , a Notary Public for the State of �� V 1 OCI , do hereby certify that pS , -10 _ C2 , I CZ personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this iO day of r Y 1 I fl? 1 Notary Public (Official Seal) My commission expires: s�':.e •., JENNIFER PEREZ-VALDIVIA ?' MY COMMISSION # GG 914629 r' EXPIRES: September 19, 2023 Sonded 7hru Notary Public Underwriters SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE Name: ]�G +(1 Name: t)e bo\ A- I y fteA&n4-e- Signature 'Signature:�,� L Address: C h[}1'fi din, t d d or'-S � J ' � G , ! () Owner of Lot(s)/Unit(s): 11 t , 2 t 1-7 STATE OF COUNTY OF ) I, J-0hAl C. ��'Sfe� a Notary Public for the State ofv--&�,�do hereby certify that /X I Trky4L Q�personally appeared before me this day and acknowledged execution of the foregoing First Amendment to Declaration for the purposes stated therein. J Q y �.�`�g`�`.• it"r} .�y hand and official seal this day of , 20: o= C G l otary Public C►'•. (fit ft[i Seal) My commission expires: (� Ain'ATF� COUNTY OF [,,AdMk akMIA , a Notary Public for the State ofAAf}Jt Ca&A" , do hereby certify that A. Arn...w k personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this V day of cb , 20U. (Official Seal) �r NOT,g9 oMM1$� Y It-04 �pl�iEg A V• �B1_IC Notary Public My commission expires: ut f SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE Name: C %CUUN—Name: 13fenAA 17S Signature l�/y12rb Address: Owner of Lot(s)/Unit(s): � Z -t` 13 STATE OF QoAA C,4L"O COUNTY OF Rt �,i1iL CA a Notary Public for the State of (" (000 ; do hereby certify that • •f personally appeared before me this day and acknowledged the:due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this JJ, of 20 1 u , Notary PubliiZ c� {Qficil'Seal) My commission expires: COUNTY OF � aN � o 4 a Notary Public for the State of , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment toDeclaration ffor the purposes stated therein. Witness my hand and official seal this �� day of `V V ,.� ij.i , 20 3+ A Notary Public (Official Seal) My'commission ssion expires: 0 3ti 6 L SIGNATURE PAGE OF ENTITY MEMBERS OF SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE ALpoNvp^ E . -rA -- rMsc tlI ,e Qp NAME OF ENTITY: AU0C "-ARAr L. zs'=4� "2A*T-,4:A-rWP A'iNOC-I•t 3aL MI. . BY: ITS: If%ts-ram Address: Z-f* OT"1 �V—t n.r;, IC'1►e, --r" G "a I c Owner of Lot(s)/Unit(s): for STATE OF TLLZ'NOsS COUNTY OF KAIV'5� I, f ir{i o/? 11- Ahs-f,#e— , a Notary Public of the County and State aforesaid, certi y , being personally known to me, personally appeared before me this day and acknowledged that s/he is the'[ZLjgay;-,L of Iggq 'ja r- , a -M,*er r , and that s/he, as--jilij, being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. Witness my hand and official seal this ff*day of ()C,T0136k , 20al Al A .. Acttetic.�t AW zi/�� 50 WA�4� Notary Public {Official Seal} My commission expires: P�Qa1-- OFFOALIIM AUSON M WI8 M WrAlt f pUSLIC, STATE OF LLNIM MyC EXPIRES:1011IM SIGNATURE PAGE OF ENTITY MEMBERS OF SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE NAN ITS: LC V) Address: tl n164f'tA ! — Owner of Lot(s)IUnit(s) STATE OF N G COUNTY OF Can" /� I W'.,13 , a Notary Public of the County and State aforesaid, certify that^ � ,`b g personally known to me�Pers pally appearedbGefore me this day and and acknowledged that s/he is the ?R r c 4�cnJ� of£ h4� " that s/he, as �r,ZS t0 ItV—, being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. Witness my hand and official seal this day of 1 1 , 20 .ISSIl111Et!!fI �7 �'T n�'• , _Notary Public ;�'0� � `\ jc',.�j seal) c mmission expi s w� \; T SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE Name:�1�.►� Signature: Name: S ignature: Address: 1 a�.7 �1W "I 'th ��K � 12 Owner of Lot(s)/Unit(s): 1 ip. STATE OF Flo"" COUNTY OF RIG 1101 I, ' jMilnu , a Notary Public for the State of RU'd , � 6, , do hereby certify that Sc.nerc- *u6o personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this 0 day of h!0 , 20`� . Notary Public (Official Seal) My commission expires: AAwtt Ou STATE OF I �LJJ A COUNTY OF J "bill Wr • Svft 5abella Comma H100401 Expires: Larch 04, 2025 • Bonded rnn, Aaron Wotary I, 5�111+�CAc�b S��cltti a Notary Public for the State ofdo hereby certify that 5r�rs+ &16 0 personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this �( day of �� , 202 Notary Public (Official Seal) My commission expires: NA�`i' u -t r r son1�''agoo sa �''• ' comm. 4HH100401 �Mach 04, 2025 ti Aaron Notart SIGNATURE PAGE OF INDIVIDUAL MEMBERS OF THE SANTEETLAH LAKESIDE OWNERS ASSOCIATION EVIDENCING AGREEMENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE ChT- Name: 1 ' Ol` 40f) Name: je- -f I-400 Signature: Signature: �. Address: 76 V 3 `77 Owner of Lot(s)IUnit(s): L 617 STATE OF � L ) COUNTY OF V rVLkLt'- 1, , a Notary Public for the State of j\L , do hereby certify that personally appeared before me this day and acknowledged %�%f'%j f��ecu on of the foregoing First Amendment to Declaration for the purposes stated therein. WNU n -Hand and official seal this ? day of r� , 20� y — p iA G A Notary Public NC (Ofi�Cial Seal) My commission expires: JZ STATE OF L ) COUNTY OF A k, a Notary Public for the State of �' , do hereby certify that &Lj, �Ar Nvn personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this day of r i .,,. Pq�� J. <1 .` N v(Official &1)7. N Y Notary Public My commission expires: D- SIGNATURE PAGE OF LAKE POINT PROPERTIES ON SANTEETLAH, LLC, REGARDING RELEASE LAKE POINT PROPERTIES ON SANTEETLAH, LLC, a North Carolina limited liability company FIN ITS: Pkca-a— STATE OF 47(CA21 C� a COUNTY OF tQ,11-' Pa4C4�7, T3'' , a Notary Public of the County and State aforesaid, certify that _-S-ctck M1 Aski, being personally known to me, personally appeared before me this day and acknowledged that s/he is the +' e,,.14, of Lake Point Properties on Santeetlah, LLC, a North Carolina limited liability company, and that s/he, as r-A �*�'"�- , being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. y l� Witness my hand and official seal this day of l� , 20 Z N tary Public (Official Seal) My commission expires: 12022- CATHERINEL.PATTER50R ,.•`Par n ���4 _�•, �:� Notary Public -Slate of Florida . ; : •? Commission 0 GG 235792 My Comm. Expires Jul 8, 2022 Ronden ',rough Nalional Notary Assn. 7 SIGNATURE PAGE OF LAKE POINT INVESTMENTS OF NC, LLC, REGARDING RELEASE LAKE POINT INVESTMENTS OF NC, LLC, a North Carolina limited liability comp y BY: ITS: STATE OF �Fbc"(i� o - COUNTY OF 10 k CL M k �'N c- , �` t'`� '� 41 ��G>` , a Notary Public of the County and State aforesaid, certify that 5b!>Z M�nskt, being personally known to me, personally appeared before me this day and acknowledged that s/he is the r-a of Lake Point Investments of NC, LLC, a North Carolina limited liability company, and that s/he, as ,,.r,,> , being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. Witness my hand and official seal this -! day of , 20 N tary Public (Official Seal) My commission expires: 2� Y.'AyY P • CATHERINE L. PATTERSON r},'•; Notary Public - State of Florida • ' ` Commission M GG 235792 My Comm. Expires Jul a. 2022 F,ndee , hrough National Notary Assn. 8 SIGNATURE PAGE OF SLOA 11 EVIDENCING CONSENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE SANTEETLAH LAKESIDE OWNERS ASSOCIATION 11, INC., a North Carolina non rofit corporation BY: ITS: M�. HE ITS: STATE OFA ) COUNTY OF 1, ("kkon-2 � g�� , a Notary Public of the County and State aforesaid, certify that Imtih+, and being personally known to me, personally appeared before me this day and acknowledged that s/he are the p,and of Santeetlah Lakeside Owners Association 11, Inc., a North Carolina nonprofit corporation, and that s/he, as , being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. Witness my hand and official seal this ! day of 1 ( , 20 2 N,9tary Public (Official Seal) My commission expires: ; 2©a—� 4P CAIMERINE L. PATTERSON Notary Public -State of Florida : 5 Commission N GG 235792 My Comm. Expkes Jul 8, 2022 Bonded+tuough National Nolafy Assn. 0 SIGNATURE PAGE OF SLOA II EVIDENCING CONSENT TO THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEETLAH LAKESIDE SANTEETLAH LAKESIDE OWNERS ASSOCIATION 1I, INC., a North Carolina nonprofit corporation BY: ITS: 't>"L'-X;tQ(-- f:fii ITS: STATE OF COUNTY OF DItamk`bV4-jA I, w� QpC{3�r'1 , a Notary Public of the County and State aforesaid, certify that Tu&2 f'h` nkA and being personally known to me, personally appeared before me this day and acknowledged that s/he are the and of Santeetlah Lakeside Owners Association I1, Inc., a North Carolina nonprofit corporation, and that s/he, as �� a , being authorized to do so, voluntarily executed the foregoing First Amendment to Declaration on behalf of the corporation for the purposes stated therein. Witness my hand and official seal this day of l , 20 2. —�Qf (Official Seal) My commis - n expires: 10c 01,,0I11E 1.. PATTEP50N •'"' +a Public s State at Florida Notary GG 235792 Cpmmis5i0r1 omm. Expires Jul 8. �022 My C inwugn National N0131V Assn gnnd� - wow- 0 ?,,,,r erc)r�, PIA Lx� OWNER CONSENT s aoJk%-�, as owner of certain real property that is part of land submitted to the Declaration by this Amendment, hereby consents to owner's real property being subjected to the Declaration, as amended by this Amendment. Name: -TGLIL tA,A!XI Name: Signature: Signature: Address: 6,zp coa r ;aR,P, . -C,.- 33\ 5b0 Owner of Lot(s)/Unit(s):��zot2A, z 4 STATE OF tc� CkeK- COUNTY OF YT) I & rn1 1, C �' pc 4 iwy' a Notary Public for the State of l , do hereby certify that --3 U Gk- MI CZ Sb personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal thi (Official Seal) STATE OF COUNTY OF s J day of 1 , 20D-� k-CML-v--40y"NqPublic My commission expires: (47,�,- CATMERINE L. PATTERSON Notary Public - State of Florida Commission i GG 235'92 "%.' d��;• My Comm. Expires Jul B. 2022 Bendel •riough National Nota!y Assn. 1, , a Notary Public for the State of , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this _ day of 20_. (Official Seal) My commission expires: Notary Public 10 OWNER CONSENT _�Sfr• IVs0As owner of certain real property that is part of the land submitted to the Declaration by this Amendment, hereby consents to owner's real property being subjected to the Declaration, as amended by this Amendment. Name: Signat Address: // / %WIII � 7'_ /t Name: Signature: 1.4.klZ 1t)C a29' `,l/ Owner of Lots)/Unit(s): F A� STATE OF tIIJ C _ COUNTY OF 1, Gct, ( WI , S , a Notary Public for the State of 0(!- , do hereby certify that as o personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. wllfn�',ftty'hand and official seal this day of 4n r, , 20 ,.71 r' e i •cam , Notary Public -Seal) My commission ex ' es: ,5 3 .�`{ STATE OF COUNTY OF 1, , a Notary Public for the State of , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this _ day of , 20_ Notary Public (Official Seal) My commission expires: 10 OWNER CONSENT CAP rtFr— , as owner of certain real property that is part of the land submitted to the Declaration by this Amendment, hereby consents to owner's real property being subjected to the Declaration, as amended by this Amendment. Name: 3ACV- MtiNSti r Name: Signature: Signature: Address: Z »o O -V,, sue,-4 r F- o , (,-Oa Owner of Lot(s)IUnit(s): STATE OF -F1OkVU- COUNTY OF i�1CtY1'1+ �°L a Notary Public for the State of A � �[� , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this da (Official Seal) STATE OF COUNTY OF 1, of �� , 20 2 ^t r�� 2ryC7 Public My commission expires: •`µ�p'••�, CAl nERINE L. PATTER SON Notary Public •State of Florida .•r: Commission N GG 235792 My Comm. Expires Jul B, 2022 Bonded-niaugnNationalNalaiyAssn. a Notary Public for the State of , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this day of (Official Seal) My commission expires: 20_ Notary Public 10 OWNER CONSENT as owner of certain real property that is part of the land submitted to the Declaration by this Amendment, hereby consents to owner's real property being subjected to the Declaration, as amended by this Amendment. Name: -�)*, M INS7" Name: Signature: Signature: Address: ro-�9 (-,Qo V � MUAL 6ctoew NM04 I T1. 3310 Owner of Lot(s)/Unit(s): (0 , -�), S STATE OF TiQQtQq-12,1, ) COUNTY OF "ke4 'l 1 A�Cta��) I, P�SCll. a Notary Public for the State of T(mote&, do hereby certify that `rpc,e MinS1ct' personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. oLA-1 Witness my hand and official seal this (Official Seal) STATE OF COUNTY OF day of 202E 2 Q-), oqry Public My commission expires: 22 pt P •., CATHERINE L. PATTERSON Notary Public • State of Florida Commission #F GG 235792 `"'o fly Comm. Expires Jul 8, 2022 Annded +ouon Nalionai Notary Assn. I, a Notary Publi , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this _____ day of , 20_. (Official Seal) My commission expires: Notary Public 10 �-V, s 4 ti OWNER CONSENT Q67J6Z- , as owner of certain real property that is part of the land submitted to the Declaration by this Amendment, hereby consents to owner's real property being subjected to the Declaration, as amended by this Amendment. Name: LW5 (7"U �"/ Z ltiP Name: Signatur . Signature: Address: Owner of Lot(s)/Unit(s): STATE OF F I O V I'd CI ) COUNTY OF vh o o, i I—Dcid-C) 1, , Lon tL a Notary Public for the State of f7l pY) d a , do hereby certify that Lt l i c], bon112 I t' 2 personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this i5 day of A DY I y, 20 Notary Public (Official Seal) STATE OF F I Or i d GI COUNTY OF 1'-J ► Ct 111 I -1:)O CJ P My commission expires: «?yP JENNIFERPEREZ-VALDIVIA MY COMMISSION # GG 914629 Q EXPIRES: September 19, 2023 ',FOF Fto, Bonded Thru Notary Public Undeuaiters 1, ko 1 I 1 Y - Vold + � Gt a Notary Public for the State of � Y � G� G , do hereby certify that rz }C 2- personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this Icy day of A Dr I 20 2l Notary Public (Official Seal) My commission expires: IF JENNtFER PE742 lO MY COMMISSIO EXPIRES: SepteBonded Thru Notary OWNER CONSENT as owner of certain real property that is part of the land submitted to the Declaration by this Amendment, hereby consents to owner's real property being subjected to the Declaration, as amended by this Amendment. Name�i0/ 4w• A Name: �(3,�C� S i g n a t Signature: �- Address: -f 7 7 Owner of Lot(s)IUnit(s): STATE OF 00 r 1 COUNTY OF kADLY' -, 1, W-�6sci ��0 f) Notary Public for the State of F[Or t cl-Q, , do hereby certify that OAktqM QI personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this 134day of In I , 20ai. �. S5di L-6 r+OP , Notary Public (Official Seal) My commission expires: t a STATE OF a'+ ) :?� ; MELISSA HORTON MY COMMISSION # C 296137 COUNTY OF ✓��1 ) P' EX�IRES:January29,2023 Bonded 7Yw Notary Pubk U�derwMera 1, SS 9 7 orl a Notary Public for the State of rl0y-I cLct sdo hereby certify that SCV1,GQ. Q1 personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this 13tday of Var� r I I , 024 kp-,��s +�—� 04ASSg 40 K+t�) r) , Notary Public (Official Seal) My commission expires pYP MELISSAHORTON 10 MY COMMISSION # GG 296137 EXPIRES: January 29, 2023 Bonded Tt- Not ary Public Undervrcllers OWNER CONSENT 1�9-61&Iro yu. as owner of certain real property that is part of the land submitted to the Declaration by this Amendment, hereby consents to owner's real property being subjected to the Declaration, as amended by this Amendment. Name: Signat Address: > o O—A )a +k(%wvr c Az C - is—) -) 4 Name: Signature: ��— Owner of Lot(s)IUnit(s): 013 STATE OF /1/ COUNTY OF.s�wt,� I, A 'T W , --i , a Notary Public for the State of Al [ do hereby certify that I G„ , E C&aLe rsonally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the 111: s 04, stated therein. ;,``�� ,k ''- 4 Z Witness my hand and official seal this _ day of OGTL , 20eL CI p 49 , Notad , p6q ft PAP` (Official Seal) My c mission Tres: — A-A"13 STATE OF COUNTY OF 1, , a Notary Public for the State of , do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing First Amendment to Declaration for the purposes stated therein. Witness my hand and official seal this _ day of , 20_. Notary Public (Official Seal) My commission expires: 10 EXHIBIT "A" THE PROPERTIES locsC. 1= o l2 pp, o PE 0-T1 c S 12 Exhibit A: Tract 1: Being that 4.29 acre parcel as per Plat entitled "DRAWING OF IBEX THUNDERBIRD, LLC PROPOSED DEVELOPMENT", being in the Town of Lake Santeetlah, Cheoah Township, Graham County, North Carolina, by Terry R. James, PLS L-3998, dated November 25, 2002, said Plat being referred to for greater certainty and accuracy of description and incorporation herein and being more particularly described by metes and bounds as follows: Beginning at a point; said point being located on the Southeast margin of a paved road entrance. Said point having a tie Bearing S 01-31-15 E 8.57' from an existing nail, said existing nail having a tie Bearing S 13-53-48 E 75.01' from an existing iron pipe. Said existing nail having another tic Bearing N 77-01-35 E 91.75' from an existing re -bar, said existing re -bar having a tie Bearing N 37-39.44 W 59.88' from an existing re -bar. Thence from said beginning point N 64' 10' 53" E 8.20' to a point, N 77' 41' 47" E 11.31' to a point, N 84' 30' 08" E 5,20' to a point, said point being located on the South margin of NCSR 1147. Thence with the South margin of NCSR 1147, and a line adjacent to Wallace Hyde (Deed Book 81 Page 724) and common to National Forest Tract 1047-H, the following twenty (20) courses and distances: S 79' 20' 52" E 15.07' to a set nail, S 81' 33' 44" E 36.95' to a set nail, S 81' 33' 44" E 8.39' to a set nail, S 82' 44' 22" E 48.61' to a point, S 82' 4l' 46" E 37.64' to a point, said point having a tic Bearing S 23-39-25 W 39,25' from an existing aluminum pipe being a witness to USFS Comer 2 Tract 1047-H. Thence continuing with the South margin of NCSR 1147, S 82' 50' 5T' E 54.85' to a point, S 82' 48' 56" E 35.01' to a point, S 83' 03' 27" E 45.69' to a point, S 82' 32' 57" E 42.68' to a point, S 83' 36' 48" E 24.60' to a point, S 87' 01' 29" E 22.63' to a point, N 87' 29' 41" E 26.34' to a point, N 80' 45' 53" E 27.63' to a point, N 72' 21' 35" E 21.53' to a point, N 65' 49' 06" E 21.04' to a point, N 58' 27' 11" E 28.43' to a point, N 5 1 ' 39' 46" E 25.62' to a point, N 45' 02' 5 5 " E 18.94' to a point, N 45' 02' 55" E 6.24' to a point, N 35' 49' 39" E 21.84' to a point, said point being located on the South margin of NCSR 1147. Said point being a corner common to IBEX Thunderbird, LLC (Deed Book 206 Page 622) being a corner common to Section'B" as described in Exhibit "B" of this document. Thence with lines common to IBEX Thunderbird LLC (Deed Book 206 Page 622) and Section "B" the following fourteen (14) courses and distances; S 54' 10' 22" E 13.52' to a point, around a curve to the right through a central angle of 66' 39' 24" a radius of 52.00' an arc distance of 60.50' a chord bearing of S 20' 50' 40" E 57.14' to a point, around a curve to the left through a central angle of 67' 45' 59" a radius of6.00' an arc distance of 7.10' a chord bearing of S 21' 23' 57" E 6.69' to a point, S 55' 16' 5 6 " E 20.39' to a point, S 34' 43' 04" W 40.00' to a point, S 55' 16' 56" E 14.89' to a point, S 20' 14' 32" W 55.28' to a point, S 69' 45' 28" E 60.66' to a point, S 69' 45' 28" E 57.13' to a point, S 15' 20' 52" E 44.73' to a point, N 87' 17' 09" W 37.9P to a point, around a curve to the right through a central angle of 02' 30' 15" a radius of 642.00' an arc distance of 28.06' a chord bearing of N 86' 02' 02" W 28.06' to a point, S 08' 22' 08" E I54.09' to a paint, said point being located in the 1817' contour (Tapoco Datum) of Lake Santeetlah. Said point being a corner common to Tapoco Inc. Thence with a line common to Tapaco Inc, and the 1817' contour of Lake Santeetlah the following thirty nine (39) courses and distances; S 26' 0 1 ' 10" W 19.94' to a point, S 56' 40' 38" W 30.52' to a point, N 87' 09' 40" W 26.2 P to a point, N 28' 00' 16" W 20.11' to a point, N 18' 30' 16" W 25.03' to a point, N 42' 20' 45" W 20.72' to a point, N 42' 20' 45" W 20.74' to a point, N 61' 37' 55" W 26.46' to a point, N 75' 48' 07" W 32.55' to a point, N 88' 09' 00" W 25.44' to a point, N 82' 44' 25" W 22.87' to a point, N 69' 19' 19" W 18.02' to a point, N 38' 23' 08" W 8.95' to a point, N 16' 48' 23" W 25.29' to a point, N 27' 44' 38" W 18.53' to a point, N 53' 4 P 03" W 30.64' to a point, N 80' 58' 24" W 17.52' to a point, S 62' 50' 56" W 19.69' to a point, S 38' 33' 36" W 18.07' to a point, S 52' 24' 00" W 17.23' to a point, S 68' 22' 19" W 20.49' to a point, N 86' 24' 49" W 6.54' to a point, N 78' 33' 04" W 43.86' to a point, N 69' 55' 36" W 42.40' to a point, N 66' 16' 20" W 25.43' to a point, N 64' 50' 5 1 " W 32.66' to a point, N 77' 56' 43" W 45.77' to a point, S 86' 34' 0 1 " W 9.85' to a point, S 81' 07' 08" W 16.18' to a point, S 77' 47' 06" W 11.73' to a point, S 5 F 00' 01" W 4.44' to a point, S 53' 41' 37" W 12.92' to a point, S 46' 29' 36" W 10.93' to a point, S 33' 38' 03" W 17.70' to a point, S 24' 49' 43" W 15.63' to a point, S 24' 49' 43" W 4.67' to a point, S 15' 25' 26" W 14.43' to a point, S 08' 54' 14" W 21.8P to a point, S 14' 50' 23" W 27.22' to a point, said point being a corner common to Tapoco Inc. and being located on the 1817' contour of Lake Santeetlah. Said point also being a corner common to Martha Weaver (Deed Book 195 Page 80, Deed Book 180 Pages 104,106 & 108, Plat Cabinet "DB" Slide 506). Said point having a tie Bearing N 80-55-43 W 2.43' from an existing m-bar. Thence with a line common to Martha Weaver (Deed Book 195 Page 80, Deed Book 180 Pages 104, 106 & 108, Plat Cabinet "DB" Slide 506) the following two (2) courses and distances; N 80' 55' 43" W 31.80' to an existing re -bar, S 68' 1 P 21" W 118.98' to a point, said point being located 10' Southeast of the center of an existing paved road named "Thunderbird Trail". Said point having a tie Bearing N 68-11-21 E 2.96' from an existing re -bar Southeast margin of an existing asphalt road named Thunderbird Trail. Thence with a line following 10' Southeast of the center of an existing paved road named "Thunderbird Trail" the following twenty two (22) courses and distances; N 05' 47' 01" E 28.78' to a point, N 02' 43' 57" E 26.83' to a point, N 00' 36' 00" E 18.01' to a point, N 00' 57' 54" E 24.00' to a point, N 05' 37' 53" E 12.79' to a point, N 05' 22' 29" E 8.96' to a point, N 08' 15' 44" E 11.65' to a point, N 10' 40' 33" E 11.54' to a point, N 14' 32' 19" E 10.40' to a point, N 19' 11' 5 1 " E 14.54' to a point, N 21' 17' 43" E 15.68' to a point, N 24' 29' 39" E 19.00' to a point, N 25' 30' 4 1 " E 4.44' to a set re -bar, N 25' 30' 4 1 " E 11.59' to a point, N 24' 41 ' 40" E 24.42' to a point, N 26' 13' 57" E 21.42' to a point, N 24' 45' 53" E 33.20' to a point, N 23' 49' 55" E 33.28' to a point, N 23' 30' 30" E 25.30' to a point, N 28' 29' 09" E 10.05' to a point, N 29' 41' 02" E 13.80' to a point, said point being located 10' Southeast of the center of an existing paved road named "Thunderbird Trail". Thence N 40' 38' 15" E 4.61' to the place and point of Beginning containing 4.29 acres more or less. LESS AND EXCEPT all those tracts or parcels of land which presently, or in the future, are conveyed or dedicated as a public right-of-way. SUBJECT TO any and all casements whether overhead or underground, visible or not visible, recorded or not recorded. TOGETHER WITH a free and permanent right and easement for access street or road to and from said property, so as to connect with and have access in common with others to S.R. 1147. SUBJECT TO those Restrictive Covenants by Smoky Mountain Resorts, Inc., recorded in Deed Book 64 at Page 434, Graham County Register of Deeds office. SUBJECT TO the road right of way easement for N.C. S.R. 1147. SUBJECT TO the road right of way casement for the Town of Lake Santeetlah. Being 15.0' from the centerline of Thunderbird Trail. SUBJECT TO AND TOGETHER WITH any and all other matters of record. FOR SOURCE OF TITLE see Deed Book 219 Page 418 and Deed Book 223 Page 604 Plat Cabinet "DB" Slides 965 and 999. Tract 2: Being that 4.02 acre parcel as per Plat entitled "DRAWING OF IBEX THUNDERBIRD, LLC PROPOSED DEVELOPMENT", being in the Town of Lake Santeetlah, Cheoah Township, Graham County, North Carolina, by Terry R. James, PLS L-3998, dated November 25, 2002, said Plat being referred to for greater certainty and accuracy of description and incorporation herein and being more particularly described by metes and bounds as follows: Beginning at an existing iron pipe, said existing iron pipe having a lie Bearing S 65-47-57 W 81,08' from an existing iron pipe. Said beginning existing iron pipe having another tie Bearing N 63-48-08 W 142.41' from an existing nail spike in asphalt. Said beginning existing iron pipe hawing another tie Bearing N 78-09-17 W (Grid) 6781.02' (horizontal ground distance) from NCGS Horizontal Control Monument "Buffalo" (Y=189631.338 meters, X-170263.174 meters, NAD 83, convergence = -2 47 29.58, scale factor=0.9998745). Said NCGS Horizontal Control Monument "Buffalo" having a tie Bearing S O4-12-48 W (Grid) 710.32' (horizontal ground distance) from a NCGS Horizontal Control Azimuth Monument "Buffalo" (Y=189847.225 meters, X=170279.082 meters, NAD 83, convergence = - 2 47 2946, scale factor=0.9998745). Said beginning iron pipe being a comer common to Best (Deed Book 106 Page 397, Plat Book 2 Page 7). Said beginning iron pipe also being a corner common to Griffith (Deed Book 126 Page 401, Plat Book 5 Page 69). Thence with two (2) lines common to Best (Deed Book 106 Page 397, Plat Book 2 Page 7) the following courses and distance; S 53' 16' 16" W 110.35' to an existing iron pipe, S 55' 21' 43" E 125.71' to an existing iron pipe. Said existing iron pipe being a corner common to Griffith (Deed Book 126 Page 401, Plat Book 5 Page 69). Thence with two (2) lines common to Griffith (Deed Book 126 Page 401, Plat Book 5 Page 69) the following courses and distances; S 77' 50' 00" E 40.81' to a set nail spike in an existing asphalt road, S 77' 50' 00" E 2197' to a point. Said point being located on the 1817' contour (Tapoco Datum) of Lake Santeetlah. Said point being a comer common to Tapoco Inc. Thence with a line common with Tapoco Inc. and the 1817' contour (Tapoco Datum) of Lake Santeetlah the following six (6) courses and distances; S 16' 27' 52" E 12.62' to a point, S 42' 3 P 44" E 50.84' to a point, S 47' 36' 11" E 37.55' to a point, S 41' 36' 42" E 29.73' to a point, S 41' 20' 33" E 14.95' to a point, S 26' 09' 55" E 50.28' to a point. Said point being located on the 1817' contour (Tapoco Datum) of Lake Santeetlah. Said point being a comer common to Tapoco Inc. Said point being a corner common to IBEX Thunderbird, LLC (Deed Book 206 Page 622) being a corner common to Section "C" as described in Exhibit "C" of this document. Thence with lines common to IBEX Thunderbird, LLC and Section "C" the following three (3) courses and distances; S 71 ` 42' 19" W 18.53' to a point, around a curve to the right through a central angle of 54' 25' 49" a radius of 168.00' an arc distance of 159.60' a chord bearing of S 12' 45' 58" W a distance of 153.66' to a point, N 79' 28' 04" E 77.49' to a point. Said point being located on the 1817' contour (Tapoco Datum) of Lake Santeetlah. Said point being a corner common to Tapoco Inc. Thence with a line common to IBEX Thunderbird, LLC (Deed Book 206 Page 622) and with a line common to Tapoco Inc. being the 1817' contour (Tapoco Datum) of Lake Santeetlah, the following fifteen (15) courses and distance; S 04' 40' 12" W 10.46' to a point, S 10' 5 1 ' 31" W 32.09' to a point, S 01' 38' 24" W 37.86' to a point, S 00' 53' 26 ' W 29.95' to a point, S 29' 0 U 58" W 19.18' to a point, S 59' 08' 36" W 28.40' to a point, S 72' 22' 07" W 42.35' to a point, S 83' 17' 56" W 27.43' to a point, S 77' 23' 17" W 33.00' to a point, S 76' 16' 24" W 46.32' to a point, S 86' 08' 40" W 29.72' to a point, S 79' 53' 52" W 32.46' to a point, S 61' 34' 44" W 23.36' to a point, S 63' 2157" W 44.28' to a point, S 26' 01' 10" W 18.13' to a point, said point being located on the 1817' contour (Tapoco Datum) of Lake Santeetlah. Said point being a comer common to Tapoco Inc. Said point also being a corner common to IBEX Thunderbird, LLC (Deed Book 206 Page 622) being common to Section "A" as described in Exhibit "A" of this document. Thence with lines common to IBEX Thunderbird, LLC (Deed Book 206 Page 622) and Section "A" the following fourteen (14) courses and distances; N 08' 22' 09" W 154.09' to a point, around a curve to the left through a central angle of 02' 30' 15" a radius of 642.00' an arc distance of 28.06' a chord bearing of S 86' 02' 02" E a distance of 28.06' to a point, S 87' 17' 09" E 3 7.91' to a point, N 15' 20' 52" W 44.73' to a point, N 69' 45' 28" W 57.13' to a point, N 69' 45' 28" W 60.66' to a point, N 20' 14' 32" E 3.29' to a point, N 20' 14' 32" E 52.00' to a point, N 55' 16' 56" W 14.89' to a point, N 34' 43' 04" E 40.00' to a point, N 55' 16' 56" W 20.39' to a point, around a curve to the right through a central angle of 67' 45' 59", a radius of 6.00' an are distance of 7.10' a chord bearing of N 2 F 23' 57" W a distance of 6.69' to a point, around a curve to the left through a central angle of 66' 39' 24" a radius of 52.00' an arc distance of 60.50' a chord bearing of N 20' 50' 40" W a distance of 57.14' to a point, N 54' 10' 22" W 13.52' to a point. Said point being located in the South margin of NCSR 1147. Said point being a corner in the line of National Forest Tract 1047-H. Thence with lines cotnmon to National Forest Tract 1047-H and the South margin ofNCSR 1147 the following sixteen (16) courses and distances; N 35' 49' 39" E 7.41' to a point, N 26' 02' 00" E 30.64' to a point, N 18' 24' 41" E 29.94' to a point, N 13' 19' 52" E 28.95' to a point, N 10' 49' 19" E 36.14' to a point, N 10' 07' 17" E 41.73' to a point, N 10' 02' 57" E 32.64' to a point, N I V 12' 16" E 45.71' to a point, N 14' 23' 15" E 27.32' to a point, N 20' 13' 55" E 28.81' to a point, N 29' 40' 5 1 " E 25.47' to a point, N 43' 22' 00" E 19.62' to a point, N 55' 42' 45" E 29.59' to a point, N 71 ' 58' 56" E 28.84' to a point, N 84' 49' 32" E 33.74' to a point, N 89' 57' 00" E 10.09' to a set nail spike in the South margin of NCSR 1147. Said set nail spike being in a line common to National Forest Tract 'l047-H and a corner common to Griffith (Deed Book 126 Page 401, PIat Book 5 Page 69). Thence with a line common to Griffith (Deed Book 126 Page 401, Plat Book 5 Page 69), S 01' 56' 50" W 91.34' to a existing iron pipe being the point of Beginning containing 4.02 acres more or less. LESS AND EXCEPT all those tracts or parcels of land which presently, or in the future, are conveyed or dedicated as a public right-of-way. SUBJECT TO any and all cascmcnts whether overhead or underground, visible or not visible, recorded or not retarded. TOGETHER WITH a free and permanent right and easement for access street or road to and -from said property, so as to connect with and have access in common with others to S.R. 1147. SUBJECT TO those Restrictive Covenants by Smoky Mountain Resorts, Inc., recorded in Deed Book 64 at Page 434, Graham County Register of Deeds office. SUBJECT TO the road right of way easement for N.C. S.R. 1147. SUBJECT TO the road right of way easement for the Town of Lake Santeetlah. Being 15.0' from the centerline of NCSR 1147. SUBJECT TO AND TOGETHER WITH any and all other matters of record. FOR SOURCE OF TITLE see Deed Book 206 Page 622. For clarification of description, any reference to "Section A", "Exhibit A", "Section B", "Exhibit B", "Section C" or "Exhibit C" contained in the metes and bounds description of Tract 1 or Tract 2 refers to the "Section B", "Exhibit B", "Section C" and/or "Exhibit C" in the original Declaration of Covenants, Conditions, and Restrictions for Santeetlah Lakeside recorded at Deed Book 224, Page 321, Graham County Registry. Tract 1 above being the same property described in Exhibit A in said Declaration and Tract 2 above being the same property described in Exhibit B in said Declaration. EXHIBIT "B" By -Laws of Santeetlah Lakeside Owners Association II, Inc. (6 LawS a_C_ (Z-)aLY,�cC:HOL]l t-akesl'dc Dc.-DvNtrs ks5ocl"C�on _19, =nc. 13 BY-LAWS CM SANTEETLAH LAKESIDE OWNERS ASSOCIATION II, INC. o �r �ur��GG�0.1"1 L4Kr51dt- QWv1t�'3 �SSOGLaTl�on �� �Y1C. - TABLE OF CONTENTS - Page Article I. Name, Principal Office, and Definitions....................................................................................... I 1.1. Name....................................................................................................................... 1.2. Principal Office.............................................................................................................................1 1.3. Definitions.....................................................................................................................................I Article 2. Association: Membership, Meetings, Quorum, Voting, Proxies..................................................1 2.1. Membership..................................................................................................................................1 2.2. Place of Meetings..........................................................................................................................1 2.3. Annual Meetings...........................................................................................................................2 2.4. Special Meetings ...........................................................................................................................2 2.5. Notice of Meetings ............................ 2.6. Waiver of Notice...........................................................................................................................2 2.7. Adjournment of Meetings.............................................................................................................3 2.8. Votinp...........................................................................................................................................3 2.9. List for Voting...............................................................................................................................3 2.10. Proxies...........................................................................................................................................3 2.11. Quorum .........................................................................................................................................3 2.12. Conduct of Meetinas.....................................................................................................................4 2.13. Action Without a Meeting .................................. Article 3. Board of Directors: Number, Powers, Meetines..........................................................................4 3.1. Governing Body; Composition.....................................................................................................4 3.2. Number of Directors.....................................................................................................................5 3.3. INTENTIONALLY OMITTED...................................................................................................5 3.4. Nomination and Election Procedures............................................................................................5 3.5. Election and "Perm of Office......................................................................................................... 5 3.6. Removal of Directors and Vacancies............................................................................................5 3.7. Organizational Meetings ...............................................................................................................6 3.8. Regular Meetings..........................................................................................................................6 3.9. Special Meetings...........................................................................................................................6 3.10. Notice............................................................................................................................................6 3.11. Waiver of Notice...........................................................................................................................7 3.12. Participation in Meetings..............................................................................................................7 3.13. Quorum of Board of Directors......................................................................................................7 3.14. Compensation...............................................................................................................................7 3.15. Conduct of Meetinas.....................................................................................................................8 3.16. Open Meetings ..............................................................................................................................8 3,17. Action Without a Formal MeetinQ................................................................................................8 3.18. Powers...........................................................................................................................................8 3.19. Duties............................................................................................................................................8 3.20. Management..................................................................................................................................9 3.21. Accounts and Reports.................................................................................................................10 3.22. Borrowinp........................................................................ 3.23. Right to Contract.........................................................................................................................10 3.24. Enforcement................................................................................................................................11 3.25. Hoard Standards.......................................................................................................................... I 1 Article 4. Officers................................................................... ....................................................... .............. 12 4.1. Officers.......................................................................................................................................12 4.2. Election and Term of Office...................................................................................................... .12 4.3. Removal and Vacancies..............................................................................................................12 4.4. Powers and Duties.......................................................................................................................12 4.5. Resignation .................................................................................................................................12 4.6. Aareements, Contracts, Deeds, Leases, Checks, Etc ..................................................................12 4.7. Compensation.............................................................................................................................13 Article5. Committees.................................................................................................................................13 5.1. General........................................................................................................................................ 13 5.2. Covenants Committee.................................................................................................................13 5.3. Neighborhood Committees.........................................................................................................13 Article6. Miscellaneous..............................................................................................................................14 6.1. Fiscal Year..................................................................................................................................14 6.2. Parliamentary Rules....................................................................................................................14 6.3. Conflicts......................................................................................................................................14 6.4. Books and Records.....................................................................................................................14 6.5. Notices........................................................................................................................................14 6.6. Amendment.................................................................................................................................15 BY-LAWS Me SANTEETLAH LAKESIDE OWNERS ASSOCIATION II, INC. Article 1. Name, Principal Office, and Definitions 1.1. Name. The name of the corporation is Santeetlah Lakeside Owners Association 11, Inc. (the "Association'), a North Carolina nonprofit corporation. 1.2. Principal Office. The principal office of the Association shall be located in Graham County, North Carolina. The Association may have such other offices, either within or outside the State of North Carolina, as the Board of Directors may determine or as the affairs of the Association may require. 1.3. Definitions. The words used in these By -Laws shall be given their normal, commonly understood definitions. Capitalized terms shall have the same meaning as set forth in that certain Declaration of Covenants, Conditions, and Restrictions for Santeetlah Lakeside, recorded at Book 224, Page 321, Graham County, North Carolina, Register of Deeds, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Santeetlah Lakeside, recorded or to be recorded as soon as practical in the Graham County, North Carolina, Register of Deeds, as may be further amended (the "Declaration'), unless the context indicates otherwise. Article 2. Association: Membership, Meetings, Ouorum, Voting, Proxies 2.1. Membership. ]'he Association shall have two classes of membership, Class "A" and Class "B," as more fully set forth in the Declaration, the terms of which pertaining to membership and classes of membership thereof are incorporated by this reference. 2.2. Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Members as the Board may designate, either within the Properties or as convenient as possible and practical. Meetings may be held by means of telephone conference, video conference or virtual conference (i.e., "Zoom" or a similar platform) or similar communications equipment, by means of which all persons participating in the meeting can converse with each other to the extent permitted by law. Participation by one of these methods shall constitute presence in person at such meeting. 2.3. Annual Meetings. The first meeting of the Association, whether a regular or special meeting, shall be held within one year from the date of incorporation of the Association. Subsequent regular annual meetings shall be set by the Board on a date and at a time set by the Board. Unless one- third (1/3) or more of the votes entitled to be cast in the election of directors are represented in person or by proxy, the only matters that may be voted upon at an annual or regular meeting of Members shall be those matters that are described in the meeting notice. 2.4. Special Meetings. The president may call special meetings. In addition, it shall be the duty of the president to call a special meeting within thirty (30) Days if so directed by (i) resolution of the Board; (ii) upon a petition signed, dated, and delivered to the secretary of the Association by Members representing at least 10% of the total Class "A" votes, with such petition describing the purpose or purposes for which it is to be held; or (iii) upon written request of the Declarant. 2.5. Notice of Meetings. The Association's Secretary shall cause written notice stating the place, day, and hour of any Association meeting to be given in any manner permitted by applicable law. If permitted by law, notice may be published in a newspaper, or by radio, television, or other form of public broadcast communication in the County, delivered by hand delivery, or sent by facsimile, electronic mail, or other electronic communication device, including by electronic mail over the Internet, to an electronic mailing address designated in writing by the lot or condo unit owner or such other manner which is reasonably calculated, as the Board determines in its discretion, to provide personal notice to Members. Notice shall be given at least ten (10) and, in any event, not more than sixty (60) Days before the date of the meeting, by or at the direction of the President, the Secretary, or the officers or Persons calling the meeting. The notice of any meeting shall also state the items on the agenda, including, without limitation, the general nature of any proposed amendment to the Governing Documents, any budget changes, and any proposal to remove a director or officer. No other business shall be transacted at a special meeting except as stated in the notice for the special meeting. If mailed, the notice of a meeting shall be deemed given when deposited in the United States mail addressed to the Member at his or her address as it appears on the Association's records, with postage prepaid. If sent by facsimile, electronic mail, or other electronic communication device, notice shall be deemed delivered when transmitted to the Member at his or her address, e-mail address, or telephone or fax number as it appears on the Association's records. Failure to receive actual notice of an Association meeting shall not affect the validity of any action taken at such meeting. 2.6. Waiver of Notice. Waiver of lack of proper notice of a meeting of the Association shall be deemed the equivalent of proper notice. Any Member may, in writing, waive lack of proper notice of any meeting of the Association, either before or after such meeting. Attendance at a meeting by a Member shall be deemed a waiver by such Member of any objection as to lack of proper notice of the time, date, and place thereof, unless such Member specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting also shall be deemed a waiver of lack of proper notice of all business transacted at such meeting unless an objection on the basis of lack of proper notice is raised before the business is put to a vote. 2.7. Adjournment of Meetings. If any meeting of the Association cannot be held because a quorum is not present, Members or their proxies holding a Majority of the votes represented at such meeting may adjourn the meeting to a time not less than five (5) nor more than thirty (30) Days from the time the original meeting was called. At the reconvened meeting, the quorum requirement shall be one- half ('/z) of the quorum requirement applicable to the meeting adjourned for lack of a quorum. This provision shall continue to reduce the quorum by fifty percent (50%) from that required at the previously adjourned meeting, as previously reduced, until such time as a quorum is present and business can be conducted. Once the appropriate quorum requirement has been established at a reconvened meeting, any business may be transacted which might have been transacted at the originally called meeting. If a time and place for reconvening the meeting is not set by those in attendance at the original meeting or if for any reason a new date is set for reconvening the meeting aver adjournment, notice of the time and place for reconvening the meeting shall be given to Members in the manner prescribed for regular meetings. 2.8. Voting. The voting rights of the Members shall be as set forth in the Declaration and in these By -Laws, and such voting rights provisions are specifically incorporated by this reference. The Board may adopt policies and procedures regarding the methods of casting votes, such as written ballots, secret ballots or computer access. Voting may be accomplished by electronic or virtual means as determined by a majority of the Board of Directors. 2.9. List for Voting. After setting a record date for notice of a meeting in accordance with North Carolina law, the Board shall prepare an alphabetical list of the names of the Members entitled to notice of such meeting. The list shall show the address of the Member and the number of votes each is entitled to vote at the meeting. The list for voting shall be made available for inspection in accordance with North Carolina law. 2.10. Proxies. Any Member may cast such Member's vote in person or by proxy subject to any specific provision to the contrary in the Declaration or these By -Laws. Votes cast by proxy are subject to the provisions and limitations of North Carolina law, specifically, the North Carolina Nonprofit Corporation Act, relating to use of proxies. Every proxy shall be in writing specifying the Unit for which it is given, signed by the Member or his or her duly authorized attorney -in -fact, dated and filed with the secretary of the Association prior to the meeting for which it is to be effective. Unless otherwise specifically provided in the proxy, a proxy shall be presumed to cover all votes which the Member giving such proxy is entitled to cast, and in the event of any conflict between two or more proxies purporting to cover the same voting rights, the later dated proxy shall prevail, or if dated as of the same date, both shall be deemed invalid. A proxy is void if it is not dated. Every proxy shall be irrevocable except that a proxy shall automatically cease upon conveyance of any Unit for which it was given, upon receipt of written notice of revocation of the proxy by the person presiding over a meeting of the Association or upon the death or judicially declared incompetence of a Member who is a natural person. A proxy shall terminate eleven (11) months from the date of the proxy, unless a shorter period is specified in the proxy. If a Unit is owned by more than one person, each Owner of the Unit may vote or register protest to the casting of votes by other Owners of the Unit through a duly executed proxy. 2.11. Quorum. Except as otherwise provided in these By -Laws or in the Declaration or subject to applicable law, the presence in person or by proxy, of Members representing twenty percent (20%) of the total Class "A" votes in the Association shall constitute a quorum at all meetings of the Association. The Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum, provided that any action taken is approved by at least a Majority of the votes required to constitute a quorum. In the event that business cannot be conducted at any meeting because a quorum is not present, that meeting may be adjourned to a later date by the affirmative vote of a majority of those present in person or by proxy. Notwithstanding any provision to the contrary in the Declaration or these By -Laws, the quorum requirement at the next meeting shall be one-half (%) of the quorum requirement applicable to the meeting adjourned for lack of a quorum. This provision shall continue to reduce the quorum by fifty percent (50%) from that required at the previous meeting, as previously reduced, until such time as a quorum is present and business can be conducted. 2.12. Conduct of Meetings. The president shall preside over all meetings of the Association, and the secretary shall keep the minutes of the meetings and record in a minute book all resolutions adopted and all other transactions occurring at such meetings. Meetings shall be permitted to be held virtually. 2.13. Action Without a Meeting. Any action required or permitted by law to be taken at a meeting of the Association may be taken without a meeting, without prior notice and without a vote if written consent specifically authorizing the proposed action is signed by all Members entitled to vote on such matter. Such consents shall be signed within sixty (60) Days after receipt of the earliest dated consent, dated and delivered to the Association at its principal place of business in the State of North Carolina. Such consents shall be filed with the minutes of the Association, and shall have the same force and effect as a vote of the Members at a meeting. Article 3. Board of Directors: Number, Powers, Meetings A. Composition and Selection. 3.1. Governing Body, Composition. The affairs of the Association shall be governed by a Board of Directors, each of whom shall have one equal vote. Except with respect to directors appointed by the Class "B" Member or serving as a representative of the Declarant, the directors shall be eligible Class "A" Members or residents; provided, however, no Owner and resident representing the same Unit may serve on the Board at the same time. No Owner or resident shall be eligible to serve as a director if any assessment for such Owner's or resident's Unit is delinquent. A "resident" for purposes of these By - Laws shall mean any natural person 18 years of age or older whose residence, whether it be a principal residence or a secondary/vacation/pleasure residence, is a Unit within the Properties. In the case of a Member which is not a natural person, any officer, director, partner, member, manager, employee or fiduciary of such Member shall be eligible to serve as a director unless otherwise specified by written notice to the Association signed by such Member, provided that no Member may have more than one such representative on the Board at a time, except in the case of directors appointed by or serving as representatives of the Class "B" Member or the Declarant. 3.2. Number of Directors. The Board shall consist of three to five directors, as provided in Sections 3.3 and 3.5 below. The initial Board shall consist of five (5) directors and shall be appointed as provided in Section 3.2(b) of the Declaration, as amended. The Board, by resolution, may increase or decrease the number of directors. 3.3. INTENTIONALLY OMITTED. 3.4. Nomination and Election Procedures. (a) Nomination of Directors. Except with respect to directors selected by the Class "B" Member and with respect to the initial members to be elected by the Class "A" Members as set forth below, nominations for election to the Board of Directors shall be made by a Nominating Committee. The Nominating Committee shall consist of a chairperson, who shall be a member of the Board of Directors, and two (2) or more Members or representatives of Members. The Nominating Committee shall be appointed by the Board of Directors not less than 30 Days prior to each election to serve a term of one (1) year or until their successors are appointed, and such appointment shall be announced at each such election. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but in no event less than the number of positions to be filled as provided in Section 3.5 below. Nominations shall also be permitted from the floor. In making its nominations, the Nominating Committee shall use reasonable efforts to nominate candidates representing the diversity which exists within the pool of potential candidates. All candidates shall have a reasonable opportunity to communicate their qualifications to the Members and to solicit votes. Notwithstanding the foregoing, the nominees for the initial election of directors to be elected by the Class "A" Members in 2020 shall be Roger Carlton and Craig Zachrich. 4 (b) Election Procedures. Each Owner may cast all votes assigned to such Owner's Unit for each position to be filled. There shall be no cumulative voting. That number of candidates to be elected shall be equal to the number of positions to be filled and the candidates receiving the greatest number of votes shall be elected. Directors may be elected to serve any number of consecutive terms. 3.5. Election and Term of Office. Notwithstanding any other provision of these By -Laws to the contrary, not later than the first annual meeting occurring after the termination of the Development Period, the Association shall hold an election at which the Class "A" Members shall be entitled to elect all directors, with the two (2) directors receiving the largest number of Class "A" votes to be elected to terms of two (2) years and the remaining one (1) director to be elected to a term of one (1) year. Until termination of the Development Period, the two directors elected by the Class "A" Members shall serve teens of two (2) years each. Upon the expiration of the tern of office of each director elected by the Class "A" Members, a successor shall be elected to serve a term of two (2) years. The directors elected by the Class "A" Members shall hold office until their respective successors have been elected. 3.6. Removal of Directors and Vacancies. Any director elected by the Class "A" Members may be removed, with or without cause, by Members holding a Majority of the votes entitled to be cast for the election of such director, but shall not be subject to removal solely by the Class "B" Member. Any director whose removal is sought shall be given notice prior to any meeting called for that purpose. Upon removal of a director, a successor shall be elected by the Class "A" Members to fill the vacancy for the remainder of the term of such director. Any director elected by the Class "A" Members who has three (3) consecutive unexcused absences from Board meetings, or who is more than thirty (30) Days delinquent (or is the resident of a Unit that is delinquent or is the representative of a Member who is delinquent) in the payment of any assessment or other charge due the Association, may be removed by a Majority of the directors, and the Board may appoint a successor to fill the vacancy until the next annual meeting, at which time the Class "A" Members may elect a successor for the remainder of the term. In the event of the death, disability, or resignation of a director, the Board may declare a vacancy and appoint a successor to fill the vacancy until the next annual meeting, at which time the Class "A" Members shall elect a successor for the remainder of the tern. This Section shall not apply to directors appointed by the Class "B" Member nor to any director serving as a representative of the Declarant. The Class "B" Member or the Declarant shall be entitled to appoint a successor to fill any vacancy on the Board resulting from the death, disability or resignation of a director appointed by or elected as a representative of the Class "B" Member or the Declarant. B. Meetings. 3.7. Organizational Meetings. Within thirty (30) Days after the election or appointment of new directors, the Board shall hold an organizational meeting at such time and place as the Board shall set. 3.8. Regular Meetings. Regular meetings of the Board may be held at such time and place as a Majority of the directors shall determine, but at least one such meeting shall be held during each quarter. 3.9. Special Meetings. Special meetings of the Board shall be held when called by written notice signed by the president or vice president or by any two directors. 3.10. Notice. Notice of a regular meeting shall be communicated to directors not less than four (4) calendar Days prior to the meeting. Notice of the time and place of a special meeting shall be communicated to directors not less than ninety-six (96) hours prior to the meeting. No notice need be given to any director who has signed a waiver of notice or a written consent to holding of the meeting. The notice shall specify the time and place of the meeting and, in the case of a special meeting, the nature of any special business to be considered. Notices shall be given to each director by: (a) personal delivery; (b) first class mail, postage prepaid; (c) telephone communication, either directly to the director or to a person at the director's office or home who would reasonably be expected to communicate such notice promptly to the director; (d) telecopier transmission to the director's home or office, with confirmation of receipt by the receiving telecopier; (e) telegram, charges prepaid; (0 overnight or same day delivery charges prepaid; or (g) electronic mail or e-mail using Internet accessible equipment and services if the director has consented in writing to such method of delivery and has provided the Board with an e-mail address. All such notices shall be given at the director's telephone or telecopier number or sent to the director's address as shown on the records of the Association. Notices sent by first class mail shall be deemed communicated when deposited into a United States mailbox. Notices given by personal overnight or courier delivery, telephone, telecopier, telegraph, e-mail or overnight or courier service shall be deemed communicated when delivered, telephoned, telecopied, emailed or given to the telegraph company. 3.11. Waiver of Notice. The transactions of any meeting of the Board, however called and noticed or wherever held, shall be as valid as though taken at a meeting duty held after regular call and notice if (a) a quorum is present and (b) either before or after the meeting each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting also shall be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. 3.12. Participation in Meetings. Members of the Board or any committee designated by the Board may participate in a meeting of the Board or committee by means of telephone conference, video conference or similar communications equipment, by means of which all persons participating in the meeting can converse with each other. Participation in a meeting pursuant to this Section shall constitute presence in person at such meeting. 3.13. Quorum of Board of Directors .Subject to applicable law, at all meetings of the Board, a Majority of the directors shall constitute a quorum for the transaction of business, and the votes of a Majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board, unless otherwise specifically provided in these By -Laws or the Declaration. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a Majority of the required quorum for that meeting. In the event that business cannot be conducted at any meeting because a quorum is not present, that meeting may be adjourned to a later date not less than five (5) nor more than thirty (30) Days from the date of the original meeting by the affirmative vote of a majority of those present. Notwithstanding any provision to the contrary in the Declaration or these By -Laws, the quorum requirement at the next meeting shall be one-half (/z) of the quorum requirement applicable to the meeting adjourned for lack of a quorum. This provision shall continue to reduce the quorum by fifty percent (50%) from that required at the previous meeting, as previously reduced, until such time as a quorum is present and business can be conducted. If a quorum is present at the reconvened meeting, any business which might have been transacted at the meeting originally called may be transacted without further notice. 3.14. Compensation. Directors shall not receive any compensation from the Association for acting as such unless approved by Members representing a Majority of the total Class "A" votes in the Z Association at a regular or special meeting of the Association. Any director may be reimbursed for expenses incurred on behalf of the Association upon approval of a Majority of the other directors. Nothing herein shall prohibit the Association from compensating a director, or any entity with which a director is affiliated, for services or supplies furnished to the Association in a capacity other than as a director pursuant to a contract or agreement with the Association, provided that such director's interest was made known to the Board prior to entering into such contract and such contract was approved by a Majority of the Board of Directors, excluding the interested director, subject to the provisions of N.C.G.S. Section 55A-8-31 related to director conflicts of interest and other applicable provisions of North Carolina law. 3.15. Conduct of Meetings. The president shall preside over all meetings of the Board, and the secretary shall keep a minute book of Board meetings, recording all Board resolutions and all transactions and proceedings occurring at such meetings. In the case of a tie vote on a motion or resolution before the Board, the motion or resolution is considered lost. 3.16. Open Meetings. Subject to the provisions of Sections 3.12 and 3.17, all meetings of the Board shall be open to all Members, but Members other than directors may not participate in any discussion or deliberation unless permission to speak is requested on a Member's behalf by a director. In such case, the president may limit the time any Member may speak. Notwithstanding the above, the president may adjourn any meeting of the Board, reconvene in executive session and exclude persons other than directors, to discuss matters of a sensitive nature, such as pending or threatened litigation, personnel matters, etc. 3.17. Action Without a Formal Meeting. Any action to be taken at a meeting of the directors or any action that may be taken at a meeting of the directors may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all of the directors, and such consent shall have the same force and effect as a unanimous vote. C. Powers and Duties. 3.18. Powers. The Board of Directors shall have all of the powers and duties necessary for the administration of the Association's affairs and for performing all responsibilities and exercising all rights of the Association as set forth in the Governing Documents, and as provided by law, including, without limitation, the powers of the Association set forth at Section 47F-3-102 of the North Carolina Planned Community Act (the "Act"), which the Association may exercise subject to the provisions of the Articles of Incorporation and the Declaration and the Declarant's rights therein. The Board may do or cause to be done all acts and things which the Governing Documents or North Carolina law does not direct to be done and exercised exclusively by the membership generally. 3.19. Duties. The duties of the Board shall include, without limitation, the following: (a) "Those obligations set forth in the Declaration and within these Bylaws; (b) preparing and adopting, in accordance with the Declaration, an annual budget establishing each Owner's share of the Common Expenses and any Neighborhood Expenses; (c) levying and collecting such assessments from the Owners; (d) providing for the operation, care, upkeep, and maintenance of the Area of Common Responsibility; (e) designating, hiring, and dismissing the personnel necessary to carry out the rights and responsibilities of the Association and where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and materials to be used by such personnel in the performance of their duties; (f) depositing all funds received on behalf of the Association in a bank depository which it shall approve, and using such funds to operate the Association, provided any reserve funds may be deposited, in the directors' best business judgment; (g) making and amending use restrictions and rules in accordance with the Declaration; (h) opening of bank accounts on behalf of the Association and designating the signatories required; (i) contracting for repairs, additions, and improvements to or alterations of the Common Area in accordance with the Governing Documents; 0) enforcing by legal means the provisions of the Governing Documents and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the Association; (k) obtaining and carrying property and liability insurance and fidelity bonds, as provided in the Declaration, paying the cost thereof, and filing and adjusting claims, as appropriate; (1) paying the costs of all services rendered to the Association; (m) keeping books with detailed accounts of the receipts and expenditures of the Association; (n) making available to any Owner, and the holders, insurers, and guarantors of any Mortgage on any Unit, current copies of the Declaration, the Articles of Incorporation, these By -Laws, rules and all other books, records, and financial statements of the Association as provided in Section 6.4; (o) permitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or operation of the Properties; (p) indemnifying a director, officer or committee member, or former director, officer or committee member of the Association to the extent such indemnity is required by North Carolina law, the Articles of Incorporation or the Declaration; and (q) assisting in the resolution of disputes between owners and others without litigation, as set forth in the Declaration. 3.20. Mana eg ment. The Board of Directors may employ for the Association a professional management agent or agents at such compensation as the Board may establish, to perform such duties and services as the Board shall authorize. The Board of Directors may delegate such powers as are necessary to perform the manager's assigned duties, but shall not delegate policymaking authority or those duties set forth in Sections 3.19(b), 3.19(c), 3.19(g), 3.19(h), 3.190), and 3.19(q). The Declarant or an affiliate of the Declarant may be employed or contractually engaged as managing agent or manager, with all terms of 8 any management agreement to be at arm's length and commercially reasonable and subject to the provisions of Section 3.14 of these By -Laws. The Board of Directors may delegate to one of its members the authority to act on behalf of the Board on all matters relating to the duties of the managing agent or manager, if any, which might arise between meetings of the Board. 3.21. Accounts and Reports. The following management standards of performance shall be followed unless the Board by resolution specifically determines otherwise: (a) cash or accrual accounting, as defined by generally accepted accounting principles, shall be employed; (b) accounting and controls should conform to generally accepted accounting principles; (c) cash accounts of the Association shall not be commingled with any other accounts; (d) no remuneration shall be accepted by the managing agent from vendors, independent contractors, or others providing goods or services to the Association, whether in the form of commissions, finder's fees, service fees, prizes, gifts, or otherwise; any item of value received shall benefit the Association; (e) any financial or other interest which the managing agent may have in any firm providing goods or services to the Association shall be disclosed promptly to the Board of Directors; (f) commencing at the end of the quarter in which the first Unit is sold and closed, financial reports shall be prepared for the Association at least quarterly (such financial statements shall include an income statement reflecting all income and expense activity for the preceding period on an accrual basis and may include such other reports as deemed necessary by the Board); and (g) an annual financial report shall be made available to all Class "A" Members within 120 Days alter the close of the fiscal year. Such annual report may be prepared on an audited, reviewed, or compiled basis, as the Board determines; provided however, upon written request of any holder, guarantor, or insurer of any first Mortgage on a Unit, the Association shall provide an audited financial statement. 3.22. Borrowing. The Association shall have the power to borrow money for any legal purpose; provided however, the Board shall obtain Member approval in the same manner provided in Section 8.6 of the Declaration for Special Assessments if the proposed borrowing is for the purpose of making discretionary capital improvements and the total amount of such borrowing, together with all other debt incurred within the previous 12-month period, exceeds or would exceed 10% of the budgeted gross expenses of the Association for that fiscal year. 3.23. Right to Contract. The Association shall have the right to contract with any Person for the performance of various duties and functions. This right shall include, without limitation, the right to enter into common management, operational, or other agreements with trusts, condominiums, cooperatives, or Neighborhood and other owners or residents associations, within and outside the Properties; provided, any common management agreement shall require the consent of a Majority of the total number of directors of the Association. 9 3.24. Enforcement. (a) Notice. Prior to imposition of any sanction requiring compliance with these procedures as set forth in the Declaration, the Board or its delegate shall serve the alleged violator with written notice including (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a statement that the alleged violator may present a written request for a hearing to the Board or the covenants committee, if one has been appointed pursuant to Article 5, within fifteen (15) Days of the notice; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a request for a hearing is received within fifteen (15) Days of the notice. If a timely request is not received, the sanction stated in the notice shall be imposed; provided however, the Board or covenants committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the 15- Day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any Person. In the event of a continuing violation, each day the violation continues beyond the 15-Day period constitutes a separate offense, and fines may be imposed on a per diem basis without further notice to the violator. In the event of a violation which is repeated within one year from the date of any notice hereunder, the Board or covenants committee may impose a sanction without notice to the violator. The Board may adopt a schedule for sanctions for violations of the Governing Documents, provided, however, that the Board shall not impose a sanction or fine that exceeds the limits prescribed by Section 47F-3-107.1 of the Act. (b) Hearing. If a hearing is requested within the allotted 15-day period, the hearing shall be held before the covenants committee, or if none has been appointed, then before the Board in executive session. The alleged violator shall be afforded a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator or its representative appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The Board may adopt a schedule of sanctions for violations of the Governing Documents. (c) Appeal. If a hearing is held before a covenants committee, the violator shall have the right to appeal the committee's decision to the Board of Directors. To exercise this right, a written notice of appeal must be received by the manager, president, or secretary of the Association within fifteen (15) Days after the hearing date. 3.25. Board Standards. In performing their duties, directors and officers shall act in accordance with § 55A-8-30 of the North Carolina Nonprofit Corporation Act (the "business judgment rule") and are entitled to insulation from liability as provided for directors and officers of corporations by applicable law and as otherwise provided by the Governing Documents. A director or officer acting in accordance with the business judgment rule shall not be personally liable to the Association or its Members for errors in judgment made in the director's or officer's capacity as such. Unless the Governing Documents require that specific action be taken, the failure to take such specific action shall not, without further showing that the Board acted in violation of the business judgment rule, be deemed a violation of a Board duty. Board determinations of the meaning, scope, and application of Governing Document provisions shall be upheld and enforced so long as such determinations are reasonable. The Board shall exercise its IK power in a fair, nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents, Article 4. Officers 4.1. Officers. The officers of the Association shall, at a minimum, be a president, treasurer and a secretary. The president shall be elected from among the members of the Board; other officers may but need not be members of the Board. The Board may appoint such other officers, including, without limitation, one or more vice presidents, assistant secretaries, treasurers and assistant treasurers, as it shall deem desirable, with such officers to have such authority and perform such duties as the Board prescribes. Any two or more offices may be held by the same person, except the offices of president and secretary. 4.2. Election and Term of Office. The Board shall elect the officers of the Association at the first meeting of the Board following each election of new directors. Such officers shall serve until their successors are elected. 4.3. Removal and Vacancies. The Board, by majority of the full Board and in a duly noticed meeting, may remove any officer whenever in its judgment the best interests of the Association will be served, and may fill any vacancy in any office arising because of death, resignation, removal, or otherwise, for the unexpired portion of the term. 4.4. Powers and Duties. The officers of the Association shall each have such powers and duties as generally pertain to their respective offices, as well as such powers and duties as may specifically be conferred or imposed by the Board of Directors. The president shall be the chief executive officer of the Association. The treasurer shall have primary responsibility for the preparation of the budget as provided for in the Declaration and may delegate all or part of the preparation and notification duties to a finance committee, management agent, or both. The secretary shall be responsible for preparing minutes of meetings of the Members and the Board and for authenticating records of the Association. 4.5. Resignation. Any officer may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 4.6. A reements Contracts Deeds Leases Checks Etc. All agreements, contracts, deeds, leases, checks, and other instruments of the Association shall be executed by at least two officers or by such other person or persons as may be designated by Board resolution. 4.7. Compensation. Compensation of officers shall be subject to the same limitations as compensation of directors under Section 3.14, Article 5. Committees 5.1. General. The Board may appoint such committees as it deems appropriate to perform such tasks and to serve for such periods as the Board may designate by resolution. Each committee shall operate in accordance with the terms of such resolution, 5.2. Covenants Committee. In addition to any other committees which the Board may establish pursuant to Section 5.1, the Board may appoint a covenants committee consisting of at least three (3) and no more than seven (7) members. Acting in accordance with the provisions of the Declaration, these By -Laws, and resolutions the Board may adopt, the covenants committee, if established, shall be the hearing tribunal of the Association and shall conduct all hearings held pursuant to Section 3.24. 5.3. Nei hborhood Committees. In addition to any other committees appointed as provided above, each Neighborhood which has no formal organizational structure or association may elect a Neighborhood Committee to determine the nature and extent of services, if any, to be provided to the Neighborhood by the Association in addition to those provided to all Members of the Association in accordance with the Declaration. A Neighborhood Committee may advise the Board on any other issue, but shall not have the authority to bind the Board. Such Neighborhood Committees, if elected, shall consist of three (3) to five (5) Members, as determined by the vote of at least a Majority of the Owners of Units within the Neighborhood. Neighborhood Committee members shall be elected for a term of one year or until their successors are elected. Any director elected to the Board of Directors from a Neighborhood shall be an ex officio member of the Neighborhood Committee. The Neighborhood Committee shall elect a chairperson who shall preside at its meetings and shall be responsible for transmitting any and all communications to the Board. In the conduct of its duties and responsibilities, each Neighborhood Committee shall abide by the meeting, notice and quorum requirements applicable to the Board under Sections 3.8, 3.9, 3.10, and 3.11, and each Neighborhood Committee shall elect a chairperson from among its members who shall preside at its meetings. Meetings of a Neighborhood Committee shall be open to all Owners of Units in the Neighborhood and their representatives. Members of a Neighborhood Committee may act by unanimous written consent in lieu of a meeting. Article 6. Miscellaneous 6.1. Fiscal Year. The fiscal year of the Association shall be from July I through June 30 unless the Board establishes a different fiscal year by resolution. 6.2. Parliamentary Rules. Except as may be modified by Board resolution, Robert's Rules of Order Newly Revised (current edition) shall govern the conduct of Association proceedings when not in conflict with North Carolina law, the Articles of Incorporation, the Declaration, or these By -Laws. 6.3. Conflicts. If there arc conflicts between the provisions of North Carolina law, the Articles of Incorporation, the Declaration, and these By -Laws, the provisions of North Carolina law, the Declaration, the Articles of Incorporation, and these By -Laws (in that order) shall prevail. 6.4. Books and Records. (a) Inspection by Members and Mortaaees. The Association shall keep financial records sufficiently detailed to enable the Association to comply with the Act. The Board shall make the following reasonably available for inspection and copying by any holder, insurer or guarantor of a first Mortgage on a Unit, any Class "A" Member, or the duly appointed representative of any of the foregoing 12 at any reasonable time: the Declaration, By -Laws, and Articles of Incorporation, any amendments and supplements to the foregoing, the rules of the Association and the minutes of meetings of the Members, the Board, and committees, and all financial or other Association records required by the Section 47F-3- 1 18 of the Act. The Board shall provide for such inspection to take place at the office of the Association or at such other place within the Properties as the Board shall designate during normal business hours. following: (b) Rules for InVection. The Board shall establish rules with respect to the (i) notice to be given to the custodian of the records; (ii) hours and days of the week when such an inspection may be made; (iii) payment of the cost of reproducing documents requested; and (iv) such other matters as the Board deems appropriate. Records shall be made available within five (5) business days of the receipt of a written request by an Owner or his or her authorized agent, or as otherwise required by law. (c) Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make a copy of relevant documents at the expense of the Association. 6.5. Notices. Except as otherwise provided in the Declaration or these By -Laws, all notices, demands, bills, statements, and other communications under the Declaration or these By -Laws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States mail, first class postage prepaid as follows: (a) if to a Member, at the address which the Member has designated in writing and Filed with the secretary or, if no such address has been designated, at the address of the Unit of such Member; or (b) if to the Association, the Board, or the managing agent, at the principal office of the Association or the managing agent or at such other address as shall be designated by notice in writing to the Members pursuant to this Section. 6.6. Amendment. (a) By the Board. The Board shall be authorized to amend these By -Laws without the consent of the Members to correct scriveners' errors and other mistakes of fact, provided that any amendments under this provision have no material adverse effect on the rights of the Members. (b) By embers. Except as provided above, these By -Laws may be amended only by the affirmative vote or written consent, or any combination thereof, of Members holding 67% of the total Class "A" votes in the Association. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. 13 (c) Validi1y and Effective Date. Any amendment to these By -Laws shall become effective upon recordation in the Public Records, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within one year of its recordation or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of these By -Laws. Any amendment to the Declaration or these By -Laws duly adopted by the Members shall be prepared, executed, certified and recorded in the Public Records by any two officers of the Association. No amendment may remove, revoke, or modify any right or privilege of the Declarant or the Class "B" Member without the written consent of the Declarant, the Class "B" Member, or the assignee of such right or privilege. 14 CERTIFICATION 1, the undersigned, do hereby certify: That I am the duly elected and acting Secretary of Santeetlah Lakeside Owners Association II, Inc., a North Carolina nonprofit corporation; That the foregoing By -Laws constitute the original By -Laws of said Association, as duly adopted at a meeting of the Board of Directors thereof held on the _ day of , 20_. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this day of , 20_. Secretary 15 SEAL] S • O71. rvm a # y�e s qG' V e'H 19 LU" so- +ls ruvtl 3y[vg37 'p A .3gy[w eu[Ta�e� 4aavH n39na� 4=+7 -• Lld SG :90:Lv [ to l eaad .[n yi 1• E2UC/ca/to :papa S:.y ^r � al Poop II IIII!III�III'IIINII Illd'Illll911�116'IllflllNp�NlNll Item D2b RECREATIONAL AMENITY — SANTEETLAH LAKESIDE WQ0031396 This letter is being made a part of the above sewer application: Recreational Amenity Description: 1. Recreational Amenity consists of wooded area with two walking trails. Area will be kept in a natural state and the trails kept clean. The sewer irrigation lines will be off the trails and will not be disturbed. The area will have appropriate warning signs, as required. 2. A separate plat has been prepared and is attached showing the location and conditions of the Recreational Amenity, the location of the wastewater treatment plant, the location of the condominiums and the location of the individual lots. All lots show the sewer solution for each. 3. A copy of the 2022-2023 budget is attached showing the maintenance of the Recreational Amenity as a line item in the budget (highlighted in yellow). The landscape company has been directed to maintain the trails clean and not to disturb the surrounding wooded area where the drip lines are located, except for the careful removal of any fallen branches or debris that could impede the proper functioning of the drip lines. 4. Signs will be put up indicating that residents should stay on the trails and not wander into where the drip lines are located. 5. Appropriate warning signs regarding the water will be put up, according to NCDENR requirements. Recreational Amenity Maintenance Responsibility 1. Attached you will find the Covenants, Conditions and Restrictions (CC&Rs) for the Santeetlah Lakeside Project. These were filed on December 11, 2002. Please note that Article 5.1 ii located on page 15 makes the maintenance of the Sewer System a Homeowner's Association responsibility. 2. These CC&Rs were amended on February 9, 2022, extending the development period, among other provisions. All provisions not amended were automatically ratified by the owners and the Association. Note that Article 5.1 ii of the original CC&Rs was not amended and hence, remains in full effect. A copy of the amendment is also attached for your review. Item D2b Annual Operating Budget - Santeetlah Lakeside Owner's Assoc. II Twelve Months Starting May 1, 2022 18-Mar-22 Concept Total Per Lot Expenses Applicable to all lots: Number of Lots 34 Insurance 2,000.00 58.82 Landscape and Hardscape Maintenance (Common Area Only) 20,000.00 588.24 Recreational Area Maintenance - Paths 4,000.00 117.65 Legal Fees 3,000.00 88.24 Electricity- Common Areas 3,600.00 105.88 Landscape Replacement &Annual Plantings 1,500.00 44.12 Management & Accounting Fees 7,500.00 220.59 Propertytaxes- Common Areas - - Reserve- Capital Expenses 3,000.00 88.24 Miscellaneous 2,000.00 58.82 Total $46,600.00 $1,370.59 Expenses Applicable to All Lake View Lots: Number of Lots 16 Marina Slips $16,128.00 $1,008.00 Expenses Applicable to Lots on Central Drain Field Number of Lot 5 Central Drain Field Fees $2,000.00 $400.00 Expenses Applicable to Lots on Re -Use Sewer System Number of Lots 23 Re -Use Sewer System Fees $5,050.00 $219.57 NUMBER OF LOTS TOTAL COSTS BREAKDOWN oP Sewer Fees Expenses Applicable to Lots on Central Drain Field: Number of Lots Drain Field Annual Inspection Drain Field Repair Reserve Expenses Applicable to Lots on Sewer System: Number of Lots Sewer System Monthly Inspection Sewer System Repair Reserve Sewer System License Fee Fees Per Lot: Lakefront lots with on -site septic (6) (8,10,12,14,31,32) Lakefront lots on Central Drain Field (3) (9,11,13) Sewer Fees Lakefront Lots on Re -Use Sewer System (8) (1,2,3,4,5,6,7,15) Sewer Fees LakeView Lots on Central Drain Field (2) (22,23) Sewer Fees Marina Fee Lake View Lots on Re -Use Sewer System (15) (16, 17,18,19,20,21, 24, 25, 26, C27, C28, C29, C30, C33, C34, XX, XX, XX, XX) Sewer Fees Marina Fee J Total Per Lot 5 1,000.00 200.00 1,000.00 200.00 Total $2,000.00 $400.00 23 3,600.00 156.52 1,000.00 43.48 450.00 19.57 Total $5,050.00 $219.57 Annual Monthly $1,370.59 $114.22 $1,370.59 $114.22 $400.00 $33.33 Total $1,770.59 $147.55 $1,370.59 $114.22 $219.57 $18.30 Total $1,590.15 $132.51 $1,370.59 $114.22 $400.00 $33.33 $1,008.00 $84.00 Total $2,778.59 $231.55 $1,370.59 $114.22 $219.57 $18.30 $1,008.00 $84.00 Total $2,598.15 $216.51 Item D3 Permit No WQ0031396 Roclainwd Wawr Gemeratiort and Dodicat d Utilization Paint Prorxxoes on s aramdah, MC Mamh, ZO1 SanteOlah Lakesi& WWTP Gtahsni count, Updated Oct 14, 2022 IT, dial Final: 1 .jWilliam E Fenner Jr . a a duly licm d r Ala s ional i b M fURy d the cmWnwfi a ojerthc pwMtMdilitivs, M hereby to the best Of Myr T abilities that the facility was tAmstructcd in c mpl" with 4. 1 - 1 3.1, Administrati-vt Co& Title 1 chapter 02U. tWip rmit, and 1t Diis "ppruod plans and DOCUMMtation of any variation to this petit. and the Division-approvcd plans aid speciricasions, iq in the artac td built drawings.. Dtsripivnof VAf This certification certifies that the repairs required to make the wastewater treatment plant operational have been completed and the wastewater treatment plant its operationally compliant with the original system design. William E Fenner, JR Pmfe%sionsl En in e' city sty Zip c 252 207 8999 wmfenner@gmail.com & i ! 7 Tatephom`' ._ �..�.... Seat, sip; TfIF, COMINED ENGV, ERIN CERTIFICATION, INCL l IING ALL PP. OMM DOCUM.YNTA ION, .�S. HAU1. RE SM TO77HE FOLLOWING Dl S , S ON OF W-4 muRc" 161 ' r1w11 SV<'RVIC E CENTER 512 NN. SAUSBURY ST.# ,RA1:. tc'-11. NORTH, CAROLINA 27699-1617 R1 EJOK NORTH CAROLINA 276N, Item DS SANTEETLAH LAKESIDE WASTEWATER TREATMENT FACILITY WQ0031396 January 23, 2023 General Facility Description Santeetlah Lakeside WWTP is to serve no more than 58 bedrooms on no more than 28 residential units. Of these, 10 units are projected to be residential 2-bedroom condominiums and 18 residential lots. It will not serve any additional facilities or amenities. Lake Point Properties on Santeetlah, LLC Jack Minski, Manager This letter is submitted in response to item D 5 in the January 9, 2023 follow-up letter from Lauren Plummer regarding the above application. Item E2 ENVIRONMENTAL —Inc.-......�,,�.�.., &A.i. Me Mailing Address: PO Box 954, Cullowhee, NC 28723 Physical Address: 2675 Skyland Drive, Sylva, NC 28779 (828) 586-5588 Physical Address: 240-D Swannanoa River Road, Asheville, NC 28805 (828) 350-8704 Toll Free: (800) 213-_4.0.35,Fax: (828) 586-0800, Email: environmentalinc(d)aol.com http://www.environmentalinc.co/ Lake Point Properties on Santeetlah, LLC January 26, 2023 Jose F. Rosado Contract Permit No. W00031396 Santeetlah Lakeside, Graham Co., NC Environmental, Inc. will provide services for the wastewater system Permit No. WQ0031396 Santeetlah Lakeside, Graham Co., NC. OPERATIONS OF WASTEWATER TREATMENT FACILITIES • Provide a licensed OPERATOR (Wastewater Grade II and Spray Irrigation) to visit the SYSTEM per regulatory guidelines. • Provide a licensed BACK UP OPERATOR. • Complete and submit monthly wastewater DMR reports and laboratory analysis results to the State of North Carolina as required by law. • Environmental Inc will do operations and maintenance on the septic tanks, treatment tanks, flow equalization tanks, pump tank, sand filters, UV lights, turbidity meter, generator, and general maintenance on the equipment building. • Environmental Inc. will follow a sampling and monitoring plan to evaluate quality of reclaimed water within the distribution system to provide quality assurance at the time of reuse, and specify acting taken in response to unsatisfactory monitoring results. • Environmental Inc will keep all tanks, monitor wells, and the equipment building locked. • Environmental Inc. Sewage Spill Plan. General Information Any additional work or breakdowns (call outs, other that monthly monitoring) will be billed at hourly wage. Environmental, Inc. provides Professional Liability, Comprehensive General Liability and Workers Compensation. An issued certificate is available. All Environmental, Inc. employees and/or sub -contractors will perform duties in an identified uniform as well as vehicle. Environmental, Inc. will respond to emergencies in the following manner: During business hours: Toll Free: 1-800-213-4035, Local: 828-586-5588 Weekend and After Hours: 24 Hour Emergency Service: (828) 293-1206 Contractor's Pricing Price Breakdown System Operations Per Month This contract shall be binding on both parties for the period of (1) year. This contract shall be automatically renewed unless either party gives a thirty (30) day written notice prior to the end of the contract period.. Environmental Inc. reserves the right to make adjustments to the agreed charges necessitated by any Federal or State regulations with a thirty (30) day notice to the Owner. Contract entered into on the 1 day of February 2023 THIS CONTRACT ENTERED INTO AND EXECUTED AS OF THE DATE WRITTEN ABOVE. Owner/Authorized Agent Title• Manager Address: Environmental, Inc. By: ff&t f ce Mark Teague Title: President Item F Operating and Management Plan (O&M) Santeetlah Lakeside Re -Use System Permit # WQ0031396 October 24, 2022 (The O&M plan as follows will be laminated and posted in the control building.) NCDEQ Contacts at Asheville Regional Office: 2090 U.S. 70 Highway, Swannanoa, NC 28778 Phone: 828-296-4500 Mikal Willmer— (828) 296-4686 email: mikal.willmer@ncdenr.gov Melanie Kemp —(828) 231-9634 email: melanie.kemp@ncdenr.gov NCDEQ Contacts at Raleigh State Office: (Please provide mailing address) (Please provide the appropriate names, email, and contact numbers.) Property Location: Control Building located at: 70 Old Lodge Road, Lake Santeetlah, NC 28771 System Owner: Lake Point Properties on Santeetlah, LLC 21500 Biscayne Blvd. Ste: 600 Aventura, FL 33180 (954) 233-3300 Ext. 1302 email: iack.minski@gmail.com; rosado.jf@gmail.com System Operator: Environmental, Inc. 2675 Skyland Drive, Sylva, NC 28779 (828) 586-5588 environmentalinc@aol.com Contact: Mark Tague AquaPoint Manufacturer's Representative: William Fenner (252) 207 8999 wfenner@aquapoint.com Eddie Meekins (919) 561-8540 emeekins@aquapoint.com American Drip Systems Manufacturing Representative: Timothy Barbee (704) 589-0595 tbarbee@carolina.rr.com Hazard Waste Spill Management Contact: Mountain Environmental Services, Inc. 1560 Pisgah Dr. Canton, NC 28719 Emergency Line: (828) 261-0031 Contact Person: Max Kimel (828) 648-5556 mtnenv.com INSTRUCTIONS • All the equipment in the system shall be maintained by the Operator in accordance with the manufacturer's manuals and guidelines including annual reports. • Manufacturer's manuals and guidelines are kept at the Operating Control Building. • All reporting required as per the permit shall be submitted to NC DEQ in a timely manner. • In the event of a spill or surfacing of liquids within the development, the owner or Operator shall take the following actions: 1. Report the time of the spill or notifications of the spill to NCDEQ. 2. Report the location of the spill to NCDEQ. 3. Determine if the spill is either untreated sewage or treated effluent and report to NCDEQ. 4. Notify the hazard waste containment company and place on stand-by. 5. Determine the cause of the spill and make repairs as soon as possible. Operating and Management Plan Environmental Inc. will be the Responsible Operator in Charge, ORC, for the entire project. Tim Barbee will work as a factory -certified sub -contractor for them on the American Manufacturing surface -drip portion of the system. He will perform scheduled inspections on this portion of the system and will provide written documentation of inspections, repairs, adjustments, etc. that are made or that will be required to be made Environmental Inc will perform operations and maintenance on the septic tanks, treatment tanks, flow equalization tanks, pump tank, sand filters, UV lights, turbidity meter, generator, and general maintenance on the equipment building. (The following numeration refers to the January 9, 2023 letter from Lauren Raup-Plummer of the North Carolina Department of Environmental Quality. Item F. 1. a: Tim Barbee will be responsible for the drip system pumps and floats located in the pump tank, the headworks unit and control panel for the drip system located in the equipment building, and the surface drip -dispersal tubing and field hardware located on the hillside between the tankage area and the lower lake road. Item F. 1. b: Done by Environmental Inc. Item F. 1. c: Done by surveyor. This information is very accurate as shown on the original permit drawings from 2007. Item F. 1. d: Anticipated maintenance will include having to repair tubing that is damaged by rodents, tree limbs that fall, etc. Over time, floats, pumps, solenoid valves, etc. will fail. Operator will keep a sufficient amount of tubing, blanking, connection hardware, solenoid valves, flow meter, pump, and floats in stock Routine maintenance will include checking all of these system components as well as flushing field lines. Item F. 1. e: Environmental Inc will keep all tanks, monitor wells, and the equipment building locked. Bollards or rocks will be placed in strategic locations to prevent vehicular traffic from being able to drive over the tank area. Access to the nature trail will be restricted immediately in the event there is a short-term major failure of the disposal system due to a large tree uprooting, etc. that damages or destroys a portion of the system. Item F. 1. f: Environmental Inc. has a plan in place for a major sewage spill and contact phone numbers to all the necessary responding agencies are provided above.