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HomeMy WebLinkAboutWQ0044044_Additional Information Received_20230405Initial Review Reviewer Nathaniel.Thornburg 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) * W00044044 Applicant/Permittee Mecklenburg County 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* Michael Benchich Email Address* mbenchich@hazenandsawyer.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* 9808338521 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. https://edoes.deq.nc.gov/Forms/NonDischarge_Monitoring_Report Permit Type:* Wastewater Irrigation High -Rate Infiltration Other Wastewater Reclaimed Water Closed -Loop Recycle Residuals Single -Family Residence Wastewater Other Irrigation Permit Number:* WQ0044044 Has Current Existing permit number Applicant/Permittee Address* 600 East Fourth Street, Charlotte, NC 28202 Facility Name* The Tradition Golf Club CUS Please provide comments/notes on your current submittal below. This submittal includes additional information requested in a letter dated March 17, 2023 for Application No. WQ0044044. 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.) RCW Resubmittal Package (2023-04-05)_Signed.pdf 34.23MB 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 �i�sfae��isfi�sf Submission Date 4/5/2023 Hazen April 5, 2023 Hazen and Sawyer 9101 Southern Pine Boulevard, Suite 250 Charlotte, NC 28273 • 704.357.3150 NC Department of Environmental Quality Water Resources Division Water Quality Permitting Non -Discharge Permitting Unit Archdale Building 512 North Salisbury Street Raleigh, NC 27604 Attn: Lauren Raup-Plummer, PE Re: Application No. WQ0044044 Tradition Golf Club Additional Information Dear Ms. Raup-Plummer This transmittal letter accompanies documents being provided in response the Divisions request for additional information regarding Application No. WQ0044044. This includes an Engineering Certification Statement, an updated Reclaimed Water Systems — Conjunctive Utilization Form, the Finalized Soil Agronomist Report, an updated Site Map, a Spill Control Plan, and a copy of the lease agreement associated with this site. Application Comments Response A. The requested letter and certification form are attached to this submittal. El. Photos have been provided and the locations have been marked on the updated site map. E2i. Existing valve boxes and covers are either green or black and state "IRRIGATION CONTROL VALVE". The valve boxes are not lockable, but their actuation will not cause sprinkler heads to activate. Sprinkler heads can only be activated as described below in response to comment E2iii. If more labeling is required, the applicant can phase in the necessary materials as direct by permit. E2ii. Items that are part of the irrigation system are indicated as such, and there are two signs (one at Hole 1 and one a Hole 10) which warn golfers and employees that reclaimed water is used for irrigation. If more identification is required, the applicant can phase in the necessary materials as directed by permit. hazenandsawyer.com Hazen E2iii. This irrigation system is only able to be activated electronically with a computer or by access to a lockable telemetry box. The golf course operators are the only personnel with access to the computer and telemetry boxes. All valves serve to isolate various portions of the distribution system in cases of irrigation pipe failure. The actuation of these valves has no effect on the actuation of sprinkler heads; therefore, no valves nor outlets are physically locked. If further securing of valves is required, the applicant can phase in the necessary materials as directed by permit. E2iv. The hose bibs utilizer a quick disconnect to attach a hose and require a special tool to open or close the hose bibbs valve inside the buried valve box. Only course employees are provided with the tool to operate these valves. E3. The back flow preventor inside the flow meter vault is owned and operated by Charlotte Water. Charlotte Water is scheduled to perform a test of the backflow preventor and will share the results with the applicant. These results will be submitted to DWR as well once received. F1. Romspen Tradition LLC leases this property from Mecklenburg County. There is an error in the Mecklenburg County GIS database listing them as an owner, which Mecklenburg County is addressing. Romspen does not own this property, Mecklenburg County is its sole owner. Attached is the lease agreement (with addenda) between Mecklenburg County and Romspen Tradition LLC. G1. The final Soil Agronomist Report is attached to this submittal. H1. See Engineering Certification Statement and letter. I1. See Engineering Certification Statement and letter. J1. The system is telemetry based. The entire system is divided into zones corresponding to a telemetry tower (to see all zones, refer to the updated site map). Each sprinkler head in any particular zone is wired directly to the telemetry tower corresponding to the zone within which it is located. The sprinkler heads may be operated either directly from the locked telemetry tower or from a computer or mobile application which only the club operator has access to. The club operator is responsible for irrigation run times which is decided the operator's judgement considering projected weather and by physically testing for soil moisture. Irrigation is typically performed when the course is closed, usually overnight and sometimes in the early morning. K1. An updated Site Map is attached to this submittal. L1. A Spill Control Plan is attached to this submittal. Page 2 of 3 hazenandsawyer.com Hazen Should you need any additional information or further clarification, I can be contacted at (980) 833-8521 or via email at mbenchich&hazaenandsMer.com. Very truly yours, G II! / r Michael J. Benchich, PE Senior Associate Enclosures Page 3 of 3 hazenandsawyer.com Permit No. WQ0044044 Mecklenburg County Traditional Golf Club ❑ Partial ® Final Reclaimed Water Conjunctive Utilization System January 12, 2023 Mecklenburg County ENGINEERING CERTIFICATION I, Michael J Benchich, as a duly licensed North Carolina Professional Engineer, having ® periodically / ❑ fully observed the conditions of the permitted facilities, do hereby state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02U, this permit, and the Division -approved plans and specifications. Documentation of any variation to this permit, and the Division -approved plans and specifications, is in the attached as -built drawings. Description of variations: The irrigation at the Tradition Golf Club was designed and implemented in the mid 1990's. This system includes a pump station with several electronically actuated sprinkler heads that are connected to telemetry towers. Each tower corresponds to a zone, of which there are seven, all sprinklers are connected to these telemetry towers by zone. The only deviation from the systems original design is the installation of an oasis 2gsystem. This system was installed to have more control over the sprinkler head run times and irrigation depth as well as the precision of running as little as two sprinklers at one time, Michael J. Benchich, PE 2023.04.05 09:53:28-04'00' Professional Engineer's Name Hazen and Sawyer Firm Name Firm No. 9101 Southern Pine Blvd. Suite 250 Address Charlotte North Carolina 28273 City IF State Zip Code (704) 941-6058 mbenchich@hazenandsawyer.com Telephone EL Email Seal, Signature, and Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH By U.S. Postal Service By Courier/Special Delivery 1617 MAIL SERVICE CENTER 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 Hazen April 3, 2023 Hazen and Sawyer 9101 Southern Pine Blvd, Suite 250 Charlotte, NC 28273 • 704.357.3150 Lauren Raup-Plummer Engineer III Division of Water Resources 512 North Salisbury Street Raleigh, NC 27699 Re: The Tradition Golf Club Irrigation System Dear Ms Raup-Plummer: The Tradition Golf Club employs an irrigation system to water the course fairways, greens, and driving range. Constructed and commissioned in 1997, the system has always been supplied with water from Charlotte Water. Originally, the source water was reclaimed water distributed by Charlotte Water from its Mallard Creek Water Reclamation Facility under Reclaimed Water Permit No. WQ0013252. However, for nearly the last decade, Charlotte Water has been supplying the system with potable water. The Tradition Golf Club desires to return to irrigating operations using reclaimed water, but under their own permit. Charlotte Water will still continue to provide the reclaimed water. Today, the Tradition Golf Club's irrigation system operates much the same as it did when originally started up in 1997 and uses virtually all the same equipment and distribution piping. Water supplied from Charlotte Water at a flow meter vault near Polk and White Rd to a booster pump station (BPS) skid in a building adjacent to Hole 4. At the BPS, two pumps increase the water supply pressure and convey flow to a 300-gallon storage tank. Water flows from the storage tank through a 6" pressure reducing valve and then into the irrigation piping system that distributes water across the entire course. Several isolation valves are located at points within the piping system to isolate sections for maintenance purposes. The piping system is divided into 7 zones of sprinkler heads; however, irrigation practices are not scheduled around these zones. Rather, these zones define which of the 7 telemetry boxes from which the sprinkler heads are controlled and monitored. In 2018, the Oasis g2 system by Flowtronex was integrated into the irrigation system to control and monitor sprinkler heads. With this system, groundskeepers are able to operate as few as 2 sprinkler heads at a time. The control system works by maintaining a set pressure in the piping system. When sprinklers are turned on, the system pressure drops, and the pumps are called to run or increase speed (via VFDs) until the pressure has returned to the set point. When sprinklers are turned off, system pressure builds until the pumps are called to reduce speed (via VFDs) or shut down. Generally, groundskeepers perform a daily in -person survey of the moisture conditions across the entire course. The results of that survey allow them to input into the control system where the irrigation system will be used for that day. The groundskeepers are able to dictate either how long a given pair of sprinkler heads should run for (to the nearest second) or set the number of inches that are to be applied. The control hazenandsawyer.conn Hazen Lauren Raup-Plummer April 3, 2023 system knows the application area for each sprinkler head and can use system pressure to calculate how long a sprinkler must operate for in order to apply the set number of inches. Except for the relatively new control and monitoring system, the irrigation system at the Tradition Golf Club is installed and operates as originally designed. After multiple site visits, I have concluded that the system appears to be in good working condition. Should you require any additional information, please do not hesitate to contact me. Best regards, .vl�% � - Az-� Michael J. Benchich, PE Senior Associate Page 2 of 2 hazenandsawyer.com III. UTILIZATION AREA SETBACKS (15A NCAC 02U .0701) Provide the actual minimum distance in feet from the storage units and utilization areas to each item listed (distances greater than 500 feet may be marked N/A): Utilization Areas Final Effluent Storage Setback Parameter Units Required Actual Required Actual Any private or public water supply source 100 N/A Any property line 50 N/A Any well with exception of monitoring wells 100 N/A 100 N/A Surface waters (streams — intermittent and perennial, 100 N/A 50 N/A perennial waterbodies, and wetlands) classified as SA Surface waters (streams — intermittent and perennial, 25 >50 50 N/A perennial waterbodies, and wetlands) not classified as SA 2. Do the utilization areas and storage units comply with all setbacks found in the river basin rules 05A NCAC 213.0200)? ®Yes or❑No ✓ If no, list non -compliant setbacks: Are any setback waivers required in order to comply with 15A NCAC 02U .0701? ❑ Yes or ® No ✓ If yes, have these waivers been written, notarized signed by all parties involved and recorded with the County Register of Deeds? ❑ Yes or ❑ No ✓ If yes, has a Non -Discharge Wastewater System Waiver (FORM: NDWSW) been included with this application package? El Yes or❑No IV. DESIGN CRITERIA FOR DISTRIBUTION SYSTEMS (15A NCAC 02U .0403) 1. Fill in the table below to indicate the location in the plans and specifications where the following items can be located: Distribution System Design Element Plan Sheet Specification Page Number Number Labeling of valves, storage facilities, and outlets to warn the public or Transmittal Letter employees that reclaimed water is not intended for drinking in (E2i) accordance with 15A NCAC 02U .0403 b Identification of piping, valves, and outlets as reclaimed water Transmittal Letter (i.e., color coding purple, labeling, taping, etc.) in accordance with 15A (E2ii) NCAC 02U .0403 c a Method of securing valves and outlets the permits operation by Transmittal Letter authorized personnel only in accordance with 15A NCAC 02U .0403 d E2iii Hose bibs locked for use by authorized personnel only in accordance Transmittal Letter with 15A NCAC 02U .0403 e E2iv a. Identification of existing underground distributions systems shall be incorporated within 10 feet of crossing any water line or sanitary sewer line. 2. Will potable water be used to supplement the reclaimed water system? ® Yes or ❑ No ✓ If yes, what cross connection control measures will betaken in accordance with 15A NCAC 02U .0403(f)? The potable water service, is physically disconnected from the irrigation system when reclaimed water is being supplied. If potable water is desired for irrigation, the reclaimed water line is physically disconnected, the potable water line is connected to a reduced pressure backflow preventor assembly upstream of the main irrigation system supply line. All connections described are located in Charlotte Water's water meter vault which is the sole responsibility of Charlotte water and part of Charlotte Water's RCW Permit. FORM: RWCU 06-16 Page 5 of 8 SOIL SCIENTIST/AGRONOMIST REPORT RECLAIMED WATER SYSTEMS — CONJUNCTIVE UTILIZATION THE TRADITIONS GOLF CLUB MECKLENBURG COUNTY, NORTH CAROLINA WILLCOX & MABE SOIL SOLUTIONS PROJECT NO. 16-14, PHASE: 03 Prepared For: Hazen and Sawyer 9101 Southern Pine Boulevard, Suite 250 Charlotte, North Carolina 28273 Prepared By: willcox&mabe SOI L SOLUTIONS Willcox & Mabe Soil Solutions, PLLC 7231 B Summerfield Road Summerfield, North Carolina 27358 December 2022 December 5, 2022 Hazen and Sawyer 9101 Southern Pine Boulevard, Suite 250 Charlotte, North Carolina 28273 Attention: Mr. Michael J. Benchich, P.E. willcox&mate SOIL SOLUTIONS Reference: Soil Scientist / Agronomist Evaluation associated with Reclaimed Water Systems (Conjunctive Utilization), Non -Discharge Permit Application Mallard Creek Wastewater Treatment Plant The Traditions Golf Club Mecklenburg County, North Carolina Willcox & Mabe Soil Solutions, PLLC Project No. 16-14, Phase: 03 Dear Mr. Benchich: Willcox & Mabe Soil Solutions, PLLC (WMSS) has conducted a Soil Scientist / Agronomist Evaluation per Hazen and Sawyer Subcontract Agreement for Professional Services dated October 8, 2022 and WMSS Proposal No. 2022-P24 dated September 9, 2022 to provide a Soil Scientist Evaluation and Agronomist Evaluation associated with a Reclaimed Water Systems — Conjunctive Utilization (RWCU) Non -Discharge Permit Application. The evaluation has been conducted in accordance with the regulations pertaining to RWCU (15A NCAC 02U) regulated by the North Carolina Department of Environmental Quality (NCDEQ) - Division of Water Resources (DWR). A Soil Scientist investigation was conducted to evaluate the soil properties of the proposed acreage to determine suitability for inclusion in the referenced permit application, more specifically, recommended maximum irrigation precipitation rates. An Agronomist investigation was also conducted to evaluate the potential/proposed cover crops for their ability to accept proposed application rates. The attached report summarizes our understanding of the project, evaluation, findings and recommendations. Should you have any questions or comments about this report please feel free to contact WMSS at 336-339-9128. Sincerely, Willcox & Mabe Soil Solutions, PLLC Martin E. Mabe Partner / Agronomist �99 SOIL F sC� � Ln J m - L a i Q O 1098 P�0 F NO RTH G Rob Willcox, L.S.S. Partner / Soil Scientist Shared\WMSS Projects\2016\16-14 Hazen and Sawyer\Phase 03 -The Traditions Golf Club\16-14 The Traditions Golf Club -Reclaimed Water Soil Scientst-Agronomist Evaluation.doc Willcox & Mabe Soil Solutions, PLLC / 7231 B Summerfield Road / Summerfield, INC 27358 / Rob 336.339.9128 or Martin 336.312.1396 / www.willcoxmabesoil.com TABLE OF CONTENTS Pane No. 1.0 BACKGROUND INFORMATION.............................................................. 1 2.0 SOIL SCIENTIST EVALUATION.............................................................. 2 2.1 Proposed Irrigation Areas............................................................ 2 2.2 Instantaneous Rates..................................................................... 3 3.0 PROPOSED IRRIGATION AREAS...........................................................4 4.0 AGRONOMIST EVALUATION..................................................................5 4.1 Soils Analysis................................................................................ 5 4.2 Irrigation Scheduling.................................................................... 5 5.0 CONCLUSIONS........................................................................................ 6 5.1 Soil Scientist Evaluation.............................................................. 6 5.2 Proposed Irrigation Areas............................................................ 6 5.3 Instantaneous Rates..................................................................... 6 5.4 Agronomist Evaluation................................................................. 6 5.5 Summary........................................................................................6 TABLES Table 1: Instantaneous Rates Table 2: Proposed Irrigation Areas FIGURES Figure 1: Vicinity Map Figure 2: Proposed Irrigation Areas — Hand Auger Boring Location Map APPENDICES Appendix I: Soil Profile Descriptions Soil Scientist / Agronomist Report WMSS Project No. 16-14, Phase: 03 The Traditions Golf Club December 5, 2022 1.0 BACKGROUND INFORMATION WMSS has been contracted by Hazen and Sawyer to evaluate The Traditions Golf Club to determine suitability for inclusion in a Reclaimed Water Systems - Conjunctive Utilization (RWCU) non -discharge permit application. The subject property evaluated is associated with the Traditions Golf Club located at 3800 Prosperity Church Road 0.6 miles west of the intersection of NC State Road 1305 (Cuthbertson Road) in Mecklenburg County, N.C. (Figure 1). The Soil Scientist / Agronomist evaluation was conducted on October 11, 2022. The information provided is for inclusion in a Reclaimed Water Systems - Conjunctive Utilization (RWCU) (15A NCAC 2U) non -discharge permit application to the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR) Non -Discharge Branch (NDB). It is our understanding that reclaimed quality wastewater is being generated at the Mallard Creek Wastewater Treatment Plant (WWTP) and will be the source considered for irrigation purposes for conjunctive use. Soil Scientist / Agronomist Report WMSS Project No. 16-14, Phase: 03 The Traditions Golf Club December 5, 2022 2.0 SOIL SCIENTIST EVALUATION WMSS Soil Scientist, Mr. Rob Willcox and Agronomist, Mr. Martin Mabe conducted an evaluation of the soils throughout proposed areas identified by Hazen and Sawyer for RWCU consisting of current irrigated areas within The Traditions Golf Club (greens, fairways, tee boxes, and driving range). The Soil Scientist Evaluation has been conducted in accordance with the regulations pertaining to Reclaimed Water Systems — Conjunctive Utilization (15A NCAC 02U), more specifically 15A NCAC 02U .0201 (Application Submittal — Conjunctive Systems), and current soil science practices and technology. Site mapping was performed to locate existing features which affect the potential suitability for RWCU. Surface features which are required to be identified, if present, include: surface waters, any well with the exception of monitoring wells and other features which may require buffer conditions. Surface features were identified based on a site reconnaissance. Maps were prepared using Arcview 10.8 a Geographic Information System (GIS). Field data was collected identifying locations evaluated on the site plan provided by Hazen and Sawyer. Base maps were generated using information from the following sources: ESRI, Inc., and Hazen and Sawyer (Figures 1 and 2). WMSS conducted thirty-three (33) hand -auger borings to characterize the soils / soil material within the proposed areas for RWCU (Soil Profile Descriptions - Appendix I) at the locations shown on Figure 2. General soil profile descriptions were performed to identify the following information: thickness of the horizon; texture; color and other diagnostic features; structure; internal drainage; depth; thickness and any type of restrictive horizon(s); presence or absence and depth of evidence of any seasonal high water table; and topography and landscape position. The soil profile descriptions represent the soil characteristics that were dominant across the areas evaluated. The areas evaluated were evaluated using the Mecklenburg County Soil Survey, hand auger borings, topographic/aerial maps, and a reconnaissance of proposed areas for RWCU. Relevant field features were identified. Hand auger borings were advanced at selected locations across the areas evaluated to provide the soil scientists with information to develop general soil profile descriptions, which were used for determining recommended maximum irrigation precipitation rates (inches per hour) within the proposed irrigation areas as required by the regulations pertaining to Reclaimed Water Systems — Conjunctive Utilization (15A NCAC 02U), more specifically 15A NCAC 02U .0201 (Application Submittal — Conjunctive Systems). The proposed areas evaluated are further identified within the attached (Figure 2). GIS layers were obtained from ESRI, Inc. and Hazen and Sawyer. 2.1 Proposed Irrigation Areas Soils within the proposed RWCU irrigation areas were previously mapped by the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) as the Enon, Helena, Iredell, Mecklenburg and Vance soil series. Based upon the 33 hand Soil Scientist / Agronomist Report WMSS Project No. 16-14, Phase: 03 The Traditions Golf Club December 5, 2022 auger borings performed the predominant soils identified more closely resembled Udorthents (highly disturbed — cut and fill material of the native soil). No evidence of a seasonal high water table was identified within 12 inches of the existing ground surface during the soil evaluation. Variants of each of the following soil series were identified and consisted predominantly of cut and fill variants of the following: Enon series (Fine, mixed, active, thermic Ultic Hapludalfs), Helena series (Fine, mixed, semiactive, thermic Aquic Hapludults), Mecklenburg series (Fine, mixed, active, thermic Ultic Hapludalfs) and Vance series (Fine, mixed, semiactive, thermic Typic Hapludults). Each location evaluated is well suited for RWCU. (Soil Profile Descriptions- Appendix I). 2.2 Instantaneous Rates An instantaneous rate, or hydraulic loading rate in inches per hour (in/hr) was calculated using field measurements of textures for the surface horizons, along with ranges of percent slopes from each of the proposed areas. The approximate instantaneous rate for the proposed irrigation areas is listed in the following table (Table 1). Table 1: Instantaneous Rates Area Slope Surface Texture Instantaneous Rate Percent (%) (in/hr) Proposed Reclaimed 11 0-8 sandy loam to 0.10 to 1.0 Irrigation Areas sandy clay loam Source: Sprinkler Irrigation Association Journal Potential instantaneous rates range from 0.1 to 1.0 in/hr. Based upon site specific conditions, proposed instantaneous rates should be 0.5 in/hr range. Soil characteristics of the surface layer include the surface horizon texture, depth to a change in horizon, and the water holding capacity of the surface layer (% volume). These soil properties determine the ability of the soil to drain. Proper drainage for good agricultural practices is the difference between available water at field capacity and available water at permanent wilting point. Field capacity is the water content after a soil is wetted and allowed to drain. Permanent wilting point represents the lower limit to which a plant can still extract water from the soil. To avoid fields from reaching permanent wilting point, an irrigation period must be determined. Irrigation periods are a function of time during application events, drainage of the field back to field capacity, and re -aeration of the field. Soil Scientist / Agronomist Report WMSS Project No. 16-14, Phase: 03 The Traditions Golf Club December 5, 2022 3.0 PROPOSED IRRIGATION AREAS The proposed irrigation areas have been evaluated and are located within the areas where the hand auger borings have been performed (Figure 2). The areas evaluated are predominantly Udorthents (highly disturbed — cut and fill material of the native soil). The proposed areas evaluated are suitable based upon 15A NCAC 02U .0201 (Application Submittal — Conjunctive Systems). Net useable acres (wetted acres) based upon 15A NCAC 02U .0201 (Application Submittal — Conjunctive Systems) and .0701 (Setbacks) consists of approximately 94.1 wetted acres. Table 2: Proposed Irrigation Areas Proposed Areas Net/Useable Acres The Traditions Golf Club 94.1 Wetted Acres Soil Scientist / Agronomist Report WMSS Project No. 16-14, Phase: 03 The Traditions Golf Club December 5, 2022 4.0 AGRONOMIST EVALUATION 4.1 Soils Analysis Soil samples are not required for the initial permitting based upon 15 NCAC 02U .0201(h) requirements. No irrigation to food chain crops is being proposed so therefore, current soil samples are not required. However, best management practices recommend that representative soil samples should be collected from the proposed irrigation areas Soil samples should be collected and submitted to a lab familiar with analyzing soils for agronomic purposes such as the North Carolina Department of Agriculture — Soil Testing Lab or Waypoint Analytical. Typically, soil samples will be analyzed for standard soil fertility testing to include: % organic matter, estimated nitrogen release, phosphorus, potassium, magnesium, calcium, pH, acidity, cation exchange capacity, percent base saturation, copper, exchangeable sodium percentage / soluble salts, manganese, zinc, and sodium with recommended fertilizer and lime additions necessary. 4.2 Irrigation Scheduling The primary function for a RWCU system is to provide for beneficial reuse of the water and available nutrients to the receiver site. The operator of a reclaimed water system must ensure that all aspects of the system are properly operated and maintained. In order to ensure the continued use of the receiver site, the soil and crop must be protected. Surface waters and groundwater must also be protected to ensure the integrity of these resources. The operator should also protect the site from poor site maintenance during inclement weather in order to protect the soil structure. Proper land application of reclaimed water involves the use of water management strategies to ensure that the reclaimed water is applied at the proper time and in the correct amounts. This involves achieving a balance between the following: optimizing the timing of nutrient application to match specific vegetation type uptake (during active growth cycles throughout the year), applying reclaimed water at a rate and amount such that no direct surface runoff, ponding, or deep percolation below the roots occurs (no greater than 0.5 inches/hour). managing irrigation at a rate that is consistent with routine irrigation of golf courses will be the responsibility of The Traditions Golf Club staff. A responsible system operator must understand how reclaimed water should be managed properly, have knowledge of the capacity of the system to store and apply wastewater when appropriate, and be able to make prudent management decisions concerning when and how much reclaimed water to apply. Soil Scientist / Agronomist Report WMSS Project No. 16-14, Phase: 03 The Traditions Golf Club December 5, 2022 5.0 CONCLUSIONS 5.1 Soil Scientist Evaluation The Soil Scientist Evaluation determined that based upon the 33 soil profile descriptions, and the information obtained from the field evaluation, that the following site specific conditions exist: • Proposed Irrigation Areas Primary Soil Series — Udorthents The cut / fill variants of the Enon, Helena, Mecklenburg and Vance series are well suited for Reclaimed Water Systems — Conjunctive Utilization and should not require limitations for the proposed hydraulic loading rates. 5.2 Proposed Irrigation Areas The existing soils consist of Udorthents (cut/fill variants of the Enon, Helena, Mecklenburg and Vance series). The proposed areas evaluated are suitable based upon 15A NCAC 02U .0201 (Application Submittal — Conjunctive Systems). Net useable acres based upon 15A NCAC 02U .0201 (Application Submittal — Conjunctive Systems) and .0701 (Setbacks) consists of approximately 94.1 wetted acres. 5.3 Instantaneous Rates Based upon existing site conditions, proposed instantaneous rates should be in the 0.5 in/hr range. 5.4 Agronomist Evaluation Currently, soil samples are not required for the initial permitting based upon 15 NCAC 02U .0201(h) requirements. No irrigation to food chain crops is being proposed so therefore, current soil samples are not required. 5.5 Summary WMSS has completed the requirements associated with a Soil Scientist/Agronomist Evaluation for Reclaimed Water Systems — Conjunctive Utilization. The proposed irrigation areas should be considered suitable for Reclaimed Water Systems — Conjunctive Utilization based upon the requirements in 15A NCAC 02U .0201 (Application Submittal — Conjunctive Systems). FIGURES a,nyn° Roatl N' ennlle P ecJ¢ �. 0 °YHnt�'e Mallard qs ye Creek Community 5 S Park m A "C i F alrbaurne Court g bm9ha", Drrvi i A gp"`y ode e f ton i NOV°� rg w 11 oieene9°` u \ P 'Po � trR s+'ell C°utt \ O Poik antl 2467 Wh,e D RQ` o 'b C -. - .. �d eHn Drive e v � � ch^ �e w,:mow -Z• •'•�r�•�� / ehq �� ----4 �'�•♦ l •if �y to StoneEn ge *��c 'redaio�i ice$ Church ; (,nl'C.li l) , Community,♦ ' U b9e Pace A w� As a -wool ,,,���; I , "apL `. 2' w�1 � z467 ���,r,Tana ae eas<.,tle Drive \., w l•�'` l ,, �,. ',� ' Q Ro c` Pronp—ly 6(S naY rar .. co ° der �aa Jap°"`ace Winchester O, Arm`a� e� bqa°9hh e�°i. °cane o �A I"rr�P4yW �o\uartlt. � r cOtiOfnr.� ah — Creek Cuee,..-� _ P oS- WCh�'eh o R% a r o A F, ca qo cpeenoa war R° tl MaFWFe C(eeµ ' 0 o e . n Hso� A .crmmon. o counl,,,r 4tlo. ryop �c�'ee YZPf/,y 1 - 1 I dp d�Pe 4 Property Boundary ■ 1 - 1 REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM ESRI, INC. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. WMSS, PLLC ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. [�Le: 1_1,000FIGURE NO. DATE: 11-03-22 ley`�y�-]�yEVICINITY MAP DRAWN BY: MEM I1co`&''` ROJECT NO: S O I L s o L u r I o N s TRADITIONS GOLF CLUB 16-14 Ph:03 MECKLENBURG COUNTY, NORTH CAROLINA 1 $ AL slot lot lot w '10 ,- 10 oil foe It 414, 4111 ANNE .0 fts 4101V gor IV 14 MON �l R�R&aR-'-,-R_ a let- wtoo'- - - a ♦ ggg% as% Ilk folio -V,,o If 001102019 $40, Ss$ -44 qhf lasso gas IV "'09110 1*01 lottlos 1,009*0 *� ik Approximate Boring Location Irrigation Wetted Area REFERENCE: GIS DATA LAYERS WERE OBTAINED FROM ESRI, INC AND HAZEN AND SAWYER. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY WMSS ASSUMES NO RESPONSIBILITY • SOU FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. APPENDIX I Soil Profile Descriptions WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 1 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Date: 10/11/22 Location The Traditions Pin County: Mecklenburg Property Size Golf Club Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Described By: Weather: Community ❑ Pit Rob Willcox Public ❑ Cut Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 1 dth Fairway 1 dth Fairway 1 '01 1 cth .... FACTORS PROFILE #1 PROFILE #2 PROFILE #3 PROFILE #4 Landscape Position % 2 - 376 / _ 2 a�U Horizon Depth I 0 —13 �_ Color Munsell2 .5721 Texture Structure Consistence S Boundary LiT C ILL !ZL'!� Horizon Depth II _ 40 Color — Munsell /Q S r+ M U u 14- Texture 5 Gl S L Mottles Structure ilvabK Consistence Boundary Horizon Depth III 5 — 2E 2 - Color — Munsell :�74 Texture IC Mottles /b S 3 Structure MC4 S S i VP Consistence / S V 12V Boundary Horizon Depth IV 2 g _ �{ /� + Color — Munsell Texture C Mottles C Structure 1wetS S V 2 Consistence S Y V F- - is S 3 Boundary Soil Wetness 1 Restrictive Horizon Saprolite LTAR Classification 14 fZ!/�N7— ■ ■ LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam Si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain m massive cr crumb gr granular sbk subangular blocky abk angular blocky pl platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 2 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Location The Traditions Pin Golf Club Date: 10/11/22 County: Mecklenburg Property Size Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Described By: Weather: Community ❑ Pit Rob Willcox Public ❑ Cut Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 1 fit' Fairwav 17th Fnirwnv 17th 17th FACTORS PROFILE #5 PROFILE #6 PROFILE #7 PROFILE #8 Landscape Position % 276 3 — 7o 2 - 3'�o Horizon Depth I _ 3 _ _ O Color Munsell 3 S 5 � S Texture �y G Structure Consistence S S S S P SS S Boundary r-la ArzF/1 UT lq-Pr GtT lf,' LIU er-A Horizon Depth II 3 _ _ _ L/ 3-2-2- Color - Munsell /-p ( 1,4 14u 4-i Texture Mottles Structure �` r M62S kSSt , Y ed r Consistence FILL S 5 3 j2S S Boundary Horizon Depth III 2_ 3 g 2 Z— 36, Color - Munsell p (+ i Texture L' Mottles Structure ._ G r�2 Consistence S S Jv4ee n Boundary Horizon Depth IV Color — Munsell Texture Mottles Structure Consistence Boundary Soil Wetness Restrictive Horizon Saprolite LTAR Classification L'UT L G{T L L1 22" Ae-CZ fit/A ✓ 1 A nf'T Is LEGEND LANDSCAPE POSITION R Ridge Interlluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam si silt A silt loam sicl silty clay loam cl clay loam scl sandy clay loam Sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain m massive or crumb gr granular 3bk subangular blocky abk angular blocky pl platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 3 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Location The Traditions Pin _ Golf Club Date: 10/11/22 County: Mecklenburg Property Size Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Community ❑ Pit ❑ Described By: Rob Willcox Public ❑ Cut ❑ Weather: Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 12th Fairwav 1 I th Fairwnv 1 Zth l2th 1;,.,.., FACTORS PROFILE #9 PROFILE #10 PROFILE #11 PROFILE #12 Landscape Position % 4 _ C d 9i 3- 4_ (. 6 - p Horizon Depth I to - 3 D - 3 - 3 Color Munsell / 5 3 Q 5 3 Texture SG S Structure Consistence $ s S % 557 S "'5 sp?� Boundary C14T /4EF UT ZWEA COT Pk/& f 417 ,FA Horizon Depth II - (¢ _ 2 D - - 24 Color - Munsell /Yj u (¢ i rtf Texture C ( S G I Mottles Structure /✓�tiS `' J� ✓2 1k2a.SS'I ✓-e /yl� ✓? Consistence $ r S S S i 5-5- Boundary Horizon Depth III ^ 366 Color-Munsell /U u ?, S R E �- Texture G Mottles — Cis suk(c Structure Q S S I V e S G Je Consistence 1:5 V'L> V VS V y� Boundary Horizon Depth IV 26 _ Color - Munsell /0 Va Texture G Mottles C - (0 2 Structure , Ve Consistence VSV02 VP' Boundary Soil Wetness 2Co r Restrictive Horizon Saprolite LTAR Classification /L C L L CUT r!G C Gt`1"Irl L �E/Vi9 l L;/Via 'r'VA €mq 11A,et,4A.,7'2/A/U 7- VIIQIZ(Iqk i VAelhAl 1 9 LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain in massive cr crumb gr granular sbk subangular blocky abk angular blocky p1 platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 4 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Date: 10/11/22 Location The Traditions Pin County: Mecklenburg Property Size Golf Club Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Described By: Weather: Community ❑ Pit Rob Willcox Public ❑ Cut Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 4t' Fairwav 4a' Fnirwav Jrd Fainxrav Zrd FACTORS PROFILE #13 PROFILE #14 PROFILE #15 PROFILE #16 Landscape Position % 9- it -7�a _ 2 (. 1�70 p�v Horizon Depth I D -. 3 Color Munsell S( /D S ��; /: .5 we S 3 Texture 1SC Structure Consistence Boundary �7 AICCE i Horizon Depth II 3 _ 15 - Color — Munsell k j / j ' 4 Texture G Mottles _ Structure r kv 5b Consistence SS n S 5 Sf Boundary Horizon Depth III Color — Munsell Gl l S (a Texture s C Mottles �d o C -ma(r / Structure /r(R s S i2 Sb� �S /° ')5v k> h/S�C MASS; ✓Q Consistence 5S S Boundary Horizon Depth IV 3 24 - 3 �_ Color — Munsell j S 1, S L Texture C Mottles /y� _ j Q (L S ¢ _ / (o Structure /✓lit SS / ✓? k s S' i /t Consistence S Boundary Soil Wetness Restrictive Horizon Saprolite LTAR Classification u7 F-1 LL 7 1 L C 0 7 401 l3 /! l N D AJ 1-n 'C ' lL/rx) u,"' blAv ".1 o ; ✓R_ V 4 IV 7- 0A,01�4 /v /1 LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fit friable fi firm vfi Very firm STRUCTURE sg single grain in massive cr crumb gr granular sbk subangular blocky abk angular blocky pl platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 5 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Date: 10/11/22 Location The Traditions Pin County: Mecklenburg Property Size Golf Club Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Described By: Weather: Community ❑ Pit Rob Willcox Public ❑ Cut Sunny, Warm Antecedent Moisture Dry Surface Water: N/A Ind Fnirwnv 5th Pn;rax Ind r ;,,,, ., 1 St FACTORS PROFILE #17 PROFILE #18 PROFILE #19 PROFILE #20 Landscape Position % _ � s�J 2 3 „ ¢ 3 - 4 9 fv Horizon Depth I p _ 2 Color Munsell Texture 5/ c! Structure _ Consistence S S / Boundary ''Gt7 f ESE C C f i/cf i t LL %lEl9 Horizon Depth II ? _ _ / _ Color — Munsell y n l 4-, Texture Mottles Structure S r 2 /R Consistence ' S rSr Boundary Horizon Depth III Color — Munsell a r Texture Mottles Structure Ar i✓e -- Consistence S S c; Boundary Horizon Depth IV Color — Munsell Texture Mottles Structure Consistence Boundary Soil Wetness Restrictive Horizon Saprolite LTAR Classification / L L l L L LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain m massive cr crumb gr granular sbk subangular blocky abk angular blocky pl platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 6 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Date: 10/11/22 Location The Traditions Pin County: Mecklenburg Property Size Golf Club Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Described By: Weather: Community ❑ Pit Rob Willcox Public ❑ Cut Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 1st Fairway lirivino Rnnaa n,;v;i P.- oth p ; FACTORS PROFILE #21 PROFILE #22 PROFILE #23 PROFILE #24 Landscape Position % , 2 1�17D 3 — 5 w 3 — S '�X6 3- Horizon Depth I _3 6-3D- 2 Color Munsell S Texture .5c f Structure y4 / Consistence , /1S fi Boundary 'v �i h! l�t� (�'F A ChT P06- Horizon Depth II Color — Munsell / ,0 7.S Texture Mottles Structure yl/S' bly vie Consistence - S- Boundary Horizon Depth III /D - 2 (' — / — Z Z It Color — Munsell Texture Mottles Structure r q�� ✓ p wsh S C. �/t? r Consistence SS S �' S �� " -F/ Boundary Horizon Depth IV 6 _ 36o Color — Munsell <- Texture SC I C Mottles '- /�1 67Z `/Y Structure ASS Consistence Boundary Soil Wetness Restrictive Horizon Saprolite LTAR ClassificationIF ( � UDN ✓f1RlAN, /Vl QiAw� ■ ■ LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain m massive cr crumb gr granular sbk subangular blocky abk angular blocky PI platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 7 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Date: 10/11/22 Location The Traditions Pin County: Mecklenburg Property Size Golf Club - Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Community ❑ Pit ❑ Described By: Rob Willcox Public ❑ Cut ❑ Weather: Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 9t' Fairwav 7th Fainx,av rdi ire cfli FACTORS PROFILE #25 PROFILE #26 PROFILE #27 vPROFILE #28 Landscape Position % 4 _ � 76 3 _ 4 Horizon Depth I _ 3 0-2- Color Munsell S 5/ ")- / S Texture Structure _ viz r Consistence 6 S h Boundary A? Horizon Depth II _ 2 _ — b -- b Color — Munsell it f f U Texture Mottles Structure i veat S Consistence Boundary Horizon Depth III Color — Munsell S - Texture G, L. Mottles fo%F (o13_ 2 3 Structure Consistence Boundary Horizon Depth IV Color — Munsell M k I Texture C C Mottles7elC �l'< Structure MUSS i VO MA s VP Consistence i$ S Boundary Soil Wetness 24 1 Restrictive Horizon Saprolite LTAR Classification �/�/p�/ u ALL /q ! F YV N LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam 1 loam Si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain m massive or crumb gr granular sbk subangular blocky abk angular blocky pl platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC SITE/SOIL EVALUATION Page 8 of 9 Project No. Location 16-14, Phase: 03 Phone No. Date: 10/11/22 The Traditions Pin County: Mecklenburg Property Size Golf Club Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Described By: Weather: Community ❑ Pit Rob Willcox Public ❑ Cut Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 1 Rth Fairwav 1 Rth Fnirwav ('hinnino Area 1 nth V., ,, FACTORS PROFILE #29 PROFILE #30 PROFILE #31 PROFILE #32 Landscape Position % ¢ _ S —6 -%o Horizon Depth I Color Munsell L42czg SL� !O Y. s1 S Texture 5 Structure Consistence Boundary A A Horizon Depth II _ Color—Munsell Texture Mottles Structure { fa Consistence 51sS Boundary Horizon Depth III /0 Color — Munsell ZdVif 5/4 D S Texture L, Mottles ( - oulz_ 2 y Structure q i Consistence V ' Boundary Horizon Depth IV —3 Color — Munsell Texture Mottles _ Structure Consistence VS Boundary Soil Wetness Restrictive Horizon Saprolite LTAR Classification �� (CL ■ LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain in massive cr crumb gr granular sbk subangular blocky abk angular blocky pl platy pr prismatic WILLCOX & MABE SOIL SOLUTIONS, PLLC Page 9 of 9 SITE/SOIL EVALUATION Project No. 16-14, Phase: 03 Phone No. Date: 10/11/22 Location The Traditions Pin County: Mecklenburg Property Size Golf Club Proposed Facility: Reclaimed Water Water Supply: On -Site Well ❑ Evaluation: Auger Boring Described By: Weather: Community ❑ Pit Rob Willcox Public ❑ Cut Sunny, Warm Antecedent Moisture Dry Surface Water: N/A 1 nn' Fairwnv FACTORS PROFILE #33 PROFILE PROFILE PROFILE Landscape Position % Horizon Depth I _ 3 Color Munsell Texture Structure Consistence Boundary Horizon Depth II Color — Munsell 17, ,T Z S 6 Texture Mottles Structure S- Consistence S �� Boundary Horizon Depth III _3 6 Color — Munsell /n u 14- r Texture C Mottles Structure Ma S I V'e Consistence Boundary Horizon Depth IV Color — Munsell Texture Mottles Structure Consistence Boundary Soil Wetness Restrictive Horizon Saprolite LTAR Classification /1 LEGEND LANDSCAPE POSITION R Ridge Interfluve S Shoulder L Linear Slope FS Foot Slope N Nose Slope H Head Slope Cc Concave Slope Cv Convex Slope T Terrace P Flood Plain TEXTURE s sand Is loamy sand sl sandy loam I loam si silt sil silt loam sicl silty clay loam cl clay loam scl sandy clay loam sc sandy clay sic silty clay c clay CONSISTENCE WET Ns non -sticky Ss slightly sticky S sticky Vs very sticky Np non -plastic Sp slightly plastic P plastic Vp very plastic MOIST vfr Very friable fr friable fi firm vfi Very firm STRUCTURE sg single grain m massive cr crumb gr granular sbk subangular blocky abk angular blocky pl plat' pr prismatic NOTE 1: THE DATA • TO DEVELOP THIS SITEARCGIS. DO NOT USE THIS SITE MAP WHERE A HIGH, MAP WAS TAKEN FROM RECORD DRAWINGS AND AEk- • � W_�k LEVEL • •• . ] i y 'y k •1. . SY t 44 4 • '1 4 fi ' ■r ' `. - _'� - �'� � . . �• . . , , •• -. • +. - .�,. .. �.r�'. .�� _ ice'. � -� y _ - s- � t r � �" I � -_ _ -• - • • r Sg STATE OF NORTH CAROLINA N4' COUNTY OF MECRLENBURG GROUND LEASE AGREEME THIS GROUND LEASE AGREEMENT (herein the "Lease" or the "Agreement") made and entered into as of July 1, 1995 ("Effective Date") by and between Mecklenburg County, a political subdivision of the State of North Carolina, whose business mailing address is 600 East Fourth Street, Charlotte, North Carolina 28204, herein referred to as "Lessor"; and Blythe, Blythe & Currie, a North Carolina general partnership organized and existing under the laws of the State of North Carolina whose business mailing address is Post Office Box 6132, Charlotte, North Carolina 28207, herein referred to as "Lessee." STATEMENT OF PURPOSE WHEREAS, Lessor is the fee simple owner of a certain tract of land located in Mecklenburg County, North Carolina, bordering on Prosperity Church Road, consisting of approximately 197 acres and as depicted on surveys thereof ("the Surveys") of real property constituting the leasehold interest which is the subject of this Agreement is attached hereto and designated as Exhibit A (the "Premises"). WHEREAS, Lessee desires to lease the Premises and to construct and operate thereon a first class, daily fee public golf facility, including 18 holes of golf, a clubhouse, restaurant, and pro shop, parking, a practice putting green and a practice range (hereinafter collectively the "Golf Facilities"). W I T N E S S E T H: In consideration of the rents hereinafter agreed to be paid and in consideration of the mutual covenants and agreements herein contained, and to be performed by the respective parties hereto, Lessor does hereby lease and demise unto Lessee, its successors and assigns as hereinafter limited, and Lessee does hereby lease and take as tenant from Lessor the Premises, together with improvements to be constructed thereon, together with all rights, privileges and easements pertaining thereto. TO HAVE AND TO HOLD the said Premises unto the Lessee upon the following terms and conditions: 1. Lease Term. A. Initial Term. The initial term of this Lease shall be for a period of thirt 30� years (the "Initial Term") commencing on the Effective Date. B. Extended Terms. Provided Lessee is not in default, Lessee shall have the option, upon the expiration of the Initial Term, to extend the term of this Lease for one or both of two (2) five (5) year lease term extensions. Except as hereinafter provided, each extension beyond the Initial Term of this Lease shall be upon the same terms, conditions and covenants as expressly stated in this Agreement and each extension of the Lease shall commence immediately upon the expiration of the term immediately prior to such extension. Lessee shall, with regard to the exercise of any lease extension granted herein provide the Lessor with written notice ( the "Notice") on or before 270 days prior to the expiration of the Initial Term, or the First Extension as the case may be, to extend the term of the Lease. 1. Upon giving of the Notice as provided above the Lease Term shall be extended for an additional five (5) years (the "First Extension"). 2. Upon giving of the Notice as provided above the Lease Term shall be extended for a second additional five (5) years (the "Second Extension"). The Initial Term, First Extension and Second Extension are sometimes hereinafter collectively referred to as the "Lease Term." In the event the Lessee is permitted to hold over beyond the terms herein provided with the consent, express or implied, of Lessor, such holding over shall be from month to monthonly, subject to the conditions of this Agreement, shall not be a renewal thereof, and shall be at the monthly compensation provided herein. 2. Rentals. A. Fixed Rent. Lessee shall pay to Lessor annual rental payments as set forth on Exhibit B attached hereto, in monthly installments due on or before the first day of each month of the relevant year. In the event that a monthly installment is not received by the eleventh day of the month, then 'Lessee shall pay alate fee equal to 5% of the applicable installment. B. Additional Rent. Beginning with the eleventh (llth) lease year and continuing through` the ``fortieth (40th) lease year., the Lessee shall pay as additional rent, in addition to the fixed rent, the amounts set forth as additional rent on Exhibit B. C. For purposes of calculating additional rent, gross receipts shall mean all money received by the Lessee as a result of the sales of goods and services on the Premises, but shall not include: (1) Cash refunds or credits allowed on returns by customers; 2 (2) Sales taxes, excise taxes, gross receipts taxes and other similar taxes now or later imposed upon the sale of merchandise or services and paid by the Lessee to the appropriate taxing authority, whether added to or included in the selling price; (3) Sales or trade-ins of machinery, vehicles, trade fixtures or personal property used in connection with the Lessee's operation of the Premises; (4) The value of any merchandise, supplies or equipment exchanged or transferred from or to other locations of business of the Lessee where such exchange or transfer is not made for the purpose of avoiding a sale which would otherwise be made from or at the Premises; (5) Receipts in the form of refunds from or the value of future credit of merchandise, supplies or equipment returned to shippers, suppliers or manufacturers; (6) The amount of any cash or quantity discounts received from sellers, suppliers or manufacturers; (7) The amount of any gratuities paid or given by customers to or for employees of the Lessee; (8) Receipts from the sales of uniforms or clothing required to be worn by employees; (9) Amounts attributed to meals served or provided to employees of the Lessee. D. Payment of additional rent shall be made to Lessor's Department of Park and Recreation on or before forty --five (45) days following the end of each lease year based on ;gross receipts realized during the lease year, starting with the eleventh lease year. Payment shall be made by check, draft or money order issued and payable to the Lessor and mailed or otherwise delivered to the Department of Park and Recreation at 700 North Tryon Street, Charlotte, North Carolina 28262; Attention: Accounting Technician or such other place as may be designated in writing to the Lessee. A -late payment charge of ten percent (100) per annum prorated on a daily basis 'shall be added to any late payment. However, the late payment charge provided may be waived whenever -the Lessor finds late payment excusable by reason of extenuating circumstances. The Lessor shall not be obligated at any time during the term provided herein to notify the Lessee of the accumulation of late payment charges. 3 Should this Lease terminate during any lease year after the start of the eleventh lease year (for example, if terminated because of Lessee's default or because the Premises are acquired by the exercise of the power of eminent domain) additional rent, calculated as shown below, shall be due on the last day of the Lease. For such partial lease year, the amount of additional rent shall be calculated as follows: [the relevant percentage to be paid to Lessor for such year as shown on Exhibit B] times [(the gross receipts for the partial lease year) minus (the percentage of the lease year the Lease was in effect times the relevant amount to be deducted from the gross receipts for that lease year) ] . For example, if the Lease terminated at the end of the sixth (6th) month of the fifteenth (15th) Lease Year, and gross receipts for said six-month period equalled $1,000,000, additional rent would be calculated as follows: [8 0] times [ ($1, 000, 000) minus (500-o times $1, 750, 000) ] or [80-.] times [$1, 000, 000 minus $875, 000] or [8!s] times [$125, 000] or $10,000 If such amount is not paid within forty -five (45) days after the end of the Lease, a late payment charge of ten percent (1016) per annum prorated on a daily basis shall be added to such late payment. E. 1') Beginning with the eleventh (llth) lease year, Lessor or its representative shall, upon request, be entitled to inspect monthly statements of Gross Receipts on or before the 20th of the following month and shall be furnished with annual tax returns for each subsequent year. 2) All documents, books and accounting records relating only to gross receipts shall be maintained and open 'for inspection and reinspection during normal business hours upon 48 hours advance notice during the term of this Agreement and for three (3) years thereafter. In addition, during the same period, the Lessor may from time to time conduct an audit and re -audit of said books and records and observe the operation of the business and for three (3) years after the end of this Agreement so that accuracy of the above records can be confirmed. All information obtained in connection with the Lessor's inspection of records or audit is of a confidential nature, i.e., not intended for disclosure to third persons. The Lessor will then exercise its best efforts to protect this information, but only to the extent that the law permits. The Lessor assumes no responsibility for any loss or damage which may result out of any breach of confidentiality. 3) The Lessee shall employ a certified public accountant to furnish an annual written report with appropriate schedule(s) to the Lessor certifying that, in his or her opinion, the additional rent paid to the Lessor during the preceding lease year pursuant to this Agreement 4 was made in accordance with the terms of this Agreement. The statement shall be 'submitted within one hundred and twenty (120.-).--days of the Yclose of each lease year. 3. Ground Lease. This is a real estate ground lease, there being no improvements currently in existence on the Premises, and Lessee has inspected the property and accepts same in its present condition and acknowledges that Lessor has made no representations or warranties as to zoning or to the condition of the Premises or its fitness or availability for the use intended hereunder. Lessee shall use the Premises only for the development, construction, maintenance and operation of the Golf Facilities. The Lessee acknowledges the title to the Premises is held -by Lessor and agrees never to assail, contest, or resist said title... The Lessor represents and warrants to the Lessee that the Lessor is authorized to enter into this Agreement with the Lessee, and the execution, delivery, and performance of this Agreement by the Lessor will not conflict with or violate any agreement to which the Lessor is bound, or any law, rule, regulation, or ordinance to which the Lessor is bound. The Lessee acknowledges the existence of easements for roadway, sewer and waterlines as noted in the terms of sale from the original property owner when purchased by the Lessor, copies of which are attached hereto and designated as Exhibit C. Lessor agrees that it will repair or cause to be repaired any damage to the Premises caused by the use of the easements for sewer and waterlines referred to herein. 4. Construction of Improvements. Prior to the commencement of any work on the Premises, Lessee shall submit to Lessor for its approval, which shall not be unreasonably withheld, final plans for the Golf Facilities, including drawings and specifications that support the parties' intent that Lessee develop a first class, daily fee public golf course. Such plans, when approved by Lessor, are referred to herein as "Final Plans." The Final Plans shall be the plans of a first class, daily fee, tournament quality golf course as that term in used in this Agreement and the Golf Facilities shall constitute a first class, daily fee, tournament quality public golf course if constructed in accordance with said Final Plans. Lessee, at its sole cost and expense, agrees to construct through completion the Golf Facilities in substantial compliance with the Final Plans, and any material deviation from such plans shall be subject to the prior written approval of Lessor, which approval shall not be unreasonably withheld. A. The Lessee at its sole expense, shall provide for the construction of a first class, daily fee, tournament quality public golf course with the following minimum guidelines. United States Golf Association (USGA) standards will be followed with safety and durability being a priority: 5 - 419 or better fairways - Bent grass greens - Sufficient bunkers and water features to add challenge to all levels of play on the course - Irrigation system from a major manufacturer will be installed underground to provide sufficient water to tee boxes, fairways, and greens - Paved, eight (8) foot wide cart paths - Lighted practice range, minimum width of 300 feet, with target greens - 4000 square foot (or greater) practice putting green, with opportunities for chipping and bunker shot practice 4000 square foot (or greater) maintenance facility - Permanent clubhouse with approximately 4000 heated square feet - Paved parking at a capacity to comply with Mecklenburg County requirements - Cart storage for a minimum of eighty (80) carts The clubhouse, paved parking and cart storage will be constructed and operational by the opening of the course for public play. Construction shall preserve as much tree cover as possible, and the clubhouse and maintenance facilities will feature landscaping plans for curb appeal and to provide buffers/screening as may be warranted. B. Both parties agree the items noted above can vary in quality and service. The Lessee agrees to submit plans and specifications for construction to the Lessor and/or Director for review and approval, provided said approval is not unreasonably withheld. If an item is submitted for approval, and it is not approved by the Lessor within thirty (30) days, the beginning of the fifth (5th) lease year will be delayed by the number of days in excess of thirty (30) for approval to be, granted if the delay causes a delay in the November 1, 1996 anticipated opening of the Golf Facilities. In such event, the last year of the Lease Term will be shortened by the number of days in excess of thirty (30) days that Lessor's approval was withheld. C. In the case where an agreement cannot be reached between the Lessor and Lessee, both parties agree to seek an opinion from the pre - approved golf course consultant. D. The Lessee shall use its best efforts to construct, perform, complete and maintain all construction and installations covered by this Agreement in a good -and workmanlike manner and with quality materials, and shall furnish all tools, equipment, labor and material necessary to perform and complete the same. The Lessee shall assign to the Lessor all express warranties furnished by other persons in connection with the provision of labor and/or material to the works of improvement covered by this Agreement upon termination of this Agreement by expiration of the term or cancellation. C1 E. Any future improvements to .the Premises by Lessee shall be subject to Lessor's prior approval and, upon commencement of construction of such future improvements, shall be deemed to be a part of the Premises. All construction shall be in accordance with applicable zoning ordinances and shall comply with all laws, decrees, orders, rules and regulations of any lawful authority, agency or governmental unit having jurisdiction over the Premises or the adjacent public streets. Furthermore, Lessee shall make, at its own expense, all alterations of the Premises required by any such authority, agency or governmental unit and shall save Lessor harmless from penalties, fines, costs, expenses or damages resulting from failure to do so. F. Any timber, sand, gravel or minerals removed from the Premises during any phase of construction, maintenance or repair shall be the sole and exclusive property of the Lessor and the costs associated with its removal shall be the Lessor's obligation; provided, however, Lessor can waive its right to any such materials for any reason, and in such case Lessee shall bear all costs of removal. S. Taxes. All taxes, general and special, imposed at any time during the Lease Term upon or against the Premises, including real estate taxes, ad valorem taxes on the improvements now or hereafter constructed on the Premises, and on the leasehold estate, which may be lawfully assessed either in the name of the Lessor or the Lessee, excluding by example and not by limitation, franchise, income, other similar taxes or ad valorem taxes on tangible personal property which may be levied or assessed against the Lessee, or its successor in title, shall be the responsibility of the Lessor. 6. Insurance'. A. Lessee, at its own cost and expense, shall obtain upon completion of construction of the buildings and improvements and thereafter to maintain in force during the Lease Term, a casualty insurance policy covering all buildings and improvements on the Premises including alterations or replacements to such improvements, with such coverage in the names of the Lessee and Lessor for an amount equal to the fair market value of the buildings and improvements, and insuring against loss or damage by fire and other covered risks and having extended coverage and a replacement cost rider. Lessee covenants to pay all insurance premiums when due. Lessee agrees to furnish Lessor, or any mortgagee of Lessor, copies of such insurance policies or other evidence satisfactory to Lessor (or Lessor's mortgagee) that such insurance is at all times in force and effect. B. Lessee covenants to provide, on or before the commencement of construction of the Golf Facilities, and to keep in force during the Lease Term, the following policies of insurance from a company or companies acceptable to Lessor's Division of Insurance and Risk Management authorized to do business in the State of North Carolina, 7 which policies will be approved by Lessor and Lessee, with each being a named insured thereunder : (1) Automobile Liabilitv - Bodily injury and property damage liability covering all owned, non -owned, and hired automobiles for limits of not less than $1,000,000 bodily injury to each person, each accident and $1,000,000 property damage, or $1,000,000 combined single limit bodily injury and property damage.; (2) Commercial General Liabilitv - Bodily injury and property damage liability as shall protect the Lessee and any subcontractor performing work under this Agreement from claims of bodily injury or property damage which arise from operation of this Agreement whether such operations are performed by Lessee, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate. This insurance shall include coverage for products/completed operations, personal injury liability, contractual liability, and liquor liability. (3) Workers' Compensation - Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limits, $100,000 disease each employee limit. The amount of insurance coverage as provided for in this Section 6(B)(1) and (2) shall be increased for each five (5) year period of the Lease Term by the increase in the Consumer Price Index Consumer Price Index for all Urban Consumer - U.S. City Average, All Items" (CPI-U, 1982 = 100) published by the Bureau of Labor Statistics of the United States Department of Labor). If on any adjustment date such Index is no longer published, or if computation of the Index is discontinued, Lessor shall select the most nearly equivalent index to be substituted in place of said Index from the date of this Lease to the date on which such adjustment is to be made. Certificates of such insurance will be furnished and shall contain the provision that Lessor will be given 30 days written notice of any intent to amend or terminate by either the insured or the insurance company. Lessee shall provide Lessor with a copy of all insurance policies in force with regard to the Golf Facilities and Premises. Further, Lessee agrees to indemnify and hold Lessor harmless from any and all liability, claims, judgments or demands for injury to persons and/or property occurring on the Premises or arising from or connected with the Lessee's operation of the Golf Facilities during the Lease Term. C. Neither Lessor nor Lessee nor anyone claiming by, through, under or in their behalf shall have any claim, right of action or right of subrogation one against the other for or based upon liability for personal injury or any loss or damage caused by fire, explosion or other casualty relating to the Premises or to any property upon, in, or about the Premises, whether such fire, explosion or other casualty shall arise from the negligence of Lessor or Lessee, their respective agents, representatives or employees, or otherwise. 8 D. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Lessee to furnish insurance during the term of this Agreement. No less than thirty (30) days prior to the expiration of any such policy, a signed and complete certificate of insurance coverage that has been renewed or extended shall be filed with the Lessor and Director E. In addition to other insurance requirements hereunder, before commencing construction of the buildings and other significant structures that make up a portion of the Golf Facilities, Lessee shall procure and maintain in force until completion of the anticipated improvements an "all risks" and builder's risk insurance policy, including coverage for vandalism and malicious mischief, in a form and with a company reasonably acceptable to Lessor, covering improvements in place and all material and equipment at the job site furnished under contract, but excluding workers' compensation and liability coverage for contractors' and subcontractors' employees. 7. Utilities. Lessor shall not be responsible for providing, nor does Lessor represent the availability of, any utilities to the Premises. Lessor shall, from time -to -time, upon request from Lessee, join in the granting of such utility easements as may be reasonably necessary to service Lessee's improvements on the Premises and Lessor grants to Lessee the right to grant to public entities or public service corporations, for the limited purpose of servicing the Premises, rights - of -way or easements, on or over the Premises, for poles or conduits, or both, for telephone, electricity, water, gas, sanitary or storm sewers or other utilities or municipal or special district services. Any such systems installed must be constructed in full compliance with all appropriate governmental regulations. 8. Golf Facilities Operations. A. General Provisions. The Lessee shall provide full organization, administration, and supervision of all golf course operations, including, but not limited to, opening/closing the Golf Facilities at the appropriate times; collection of green fees, taking of reservations and scheduling of tee times, starting golfers from the tee at proper intervals, monitoring play on the course, rental of carts/lockers/equipment, sales of merchandise, equipment, and apparel, instructional or pro services, tournaments, leagues, etc. Services provided by the Lessee shall compare favorably to the services, standards, and practices of the similar "up -scale" public courses locally and in the region. In the provision of these services, the Lessee agrees to abide by the provisions of the Americans With Disabilities Act. V B. Golf Instruction Golf shall be taught only by qualified instructors whose qualifications have been recorded with and approved in advance by the Lessor, whose approval shall not be unreasonably withheld. C. Golf Carts The Lessee shall provide new power driven carts at the beginning of this Agreement to meet public demand, and will ensure the provision of a fleet of carts of no more than three (3) years of age throughout the term of the Agreement. The maintenance of the golf carts shall comply with the specifications as set forth in the owner' s manual. The Lessee may prohibit the use of golf carts on the golf course wherever weather conditions expose the user to danger or the golf course to damage arising from their operation.The permissible age of the golf carts provided herein may be increased upon mutual agreement of the Lessor and Lessee where technological advancements in the manufacture of golf carts has resulted in an increase in the expected period of usability of the golf carts. D. Junior/Senior Golf Program The Lessee shall cooperate with the Lessor in the establishment and promotion of a youth or "Junior" golf program by providing for up to three (3) tournaments/special events at a reduced rate entry fee established jointly with the Lessor. The Lessee shall further cooperate with the Lessor in support of golfing opportunities for the student population of the Charlotte -Mecklenburg School System. A "Senior" golf program for older adults shall also be provided with regular golf opportunities such as. events, tournaments, leagues, and outings being provided to meet consumer demand. E. Tournaments and Special Events The Lessor acknowledges that tournaments and golf special events/outings are customarily held at public golf courses, and Lessee agrees to accommodate and encourage such activities, and consider good faith suggestions for additional events intended to accommodate the public or increase play. F. Starter Services and Supplies The Lessee shall provide, in form and content acceptable to the Lessor, an adequate number of golf scorecards to be used by the public. Scorecards and other golfing materials shall always possess the name of the course, the Park & Recreation Department name/logo, and a detailed layout of the course. The Lessee has the right to offer advertisements on the scorecards, subject to the approval by the Lessor, provided said approval is not unreasonably withheld. 10 G. Daily Hours of Operation The Lessee shall establish daily operational hours and provide those to the Lessor for public notice. The Lessee shall provide thirty (30) days notice to the Lessor of any proposed schedule changes. All such approved daily operational hours must be publicly posted on - site at the Premises in a professional manner. H. Public Information The Lessee shall ensure all forms, flyers, and other printed materials always possess the name of the facility with the accompanying Mecklenburg County Park and Recreation Department logos and theme as provided by the Lessor in advance. The Lessee must ensure a thorough. relationship exists with the Department and its public information and marketing programs. The Lessor will provide to the Lessee assistance in promoting the activities at the Premises through the Park & Recreation Department's public information program. The Lessee shall not promulgate nor cause to be distributed or posted on site any advertising or promotional materials containing the County Park and Recreation Department logo and/or theme, or the name of the County Park and Recreation Department, unless prior approval is obtained by the Lessor. This approval shall not be unreasonably withheld or delayed and shall be deemed to be given if no objection is made within five (5) working days following -the request for approval. If such approval is not given, the Lessee may proceed with the use of such materials so long as the County and Park and Recreation names, logo, and/or theme are removed from the materials prior to publication. Such materials include, but are not limited to, advertising in newspapers, magazines and trade journals, and radio and/or television commercials, and signage. Regarding the name of the facility, the Lessee shall have the right to establish and/or change the name of the golf course, allowing for review by the Mecklenburg County Board of Commissioners prior to establishing or changing the name. The Mecklenburg County Board of Commissioners shall retain the right of veto for name(s) submitted by the Lessee which the Mecklenburg County Board of Commissioners reasonably determines inappropriate. I. Food and Beverage The Lessee shall have the right and shall be required to sell food and beverages, and shall have the right but not be required to sell malt beverages and unfortified wines on the Premises for on premises consumption during the Lease Term. ABC permitting shall be the sole responsibility of the Lessee. The Lessee shall ensure that all local and state health permits and inspections are adhered to, including any services contracted with an outside food/beverage provider. The Lessee shall ensure all products sold or kept for sale shall be first class in quality, wholesome and pure, and shall conform to the federal, State, and County food laws, ordinances and regulations in all respects. No adulterated, misbranded, or impure articles shall be sold or kept for 11 sale by the Lessee, and all food and beverage products kept on hand by the Lessee shall be stored and handled with due regard for sanitation. in the event that the Lessee's food and beverage products are deemed by the Lessor to be less than first class in quality, the Lessor shall have the right to order the improvement of the quality of any such product kept or offered for sale. J. Facility and Equipment Maintenance Services 1. The Lessee shall, at its expense, keep and maintain the Premises and all buildings, structures, improvements, fixtures, trade fixtures, equipment, including utility systems which may now or hereafter exist thereon, in good, operable, useable and sanitary order and repair, and in a good operating condition, normal wear and tear excepted, throughout the term of this Agreement providing for such repairs, interior repainting, replacements, rebuilding and restoration as may be required to comply with the requirements of this Agreement. All such repairs and/or any modifications or additions to the facilities shall have written approval of the Lessor prior to their implementation by Lessee. Routine inspection, if not to Lessor's satisfaction, will allow the Lessor to repair and render appropriate charges to the Lessee for the repairs. i 2. It is hereby understood' and agreed tithe Lessee that the Lessor does not have any duty nor shall it be called upon to make any improvements,replacements` or repairs whatsoever to the premises and any structures, improvements,; fixtures, trade fixtures, equipment and utilities during the term hereof.,>f,,�d K. Grounds Maintenance Services 1. The Lessee is hereby requireto pr vid building and golf course grounds maintenance services for the Premises, including, but not limited to the obligation to mow, edge, trim, overseed, fertilize, aerate, irrigate, sod, change cups, service tees, topdress, raise divots, rake traps, spray, mop, spot irrigate, syringe, and maintain turf and shrub areas designated hereunder; as well as to provide weed, disease, and pest control, tree maintenance, maintenance of irrigation system including mainlines, pumps, boosters, and controllers, keep swales in good repair, and provide the necessary maintenance of any structures and equipment, and other duties in accordance with the standards promulgated by the American Association of Golf Course Superintendents. 2. In regard to the level of maintenance, all work shall be performed in accordance with the standards promulgated by the American Association of Golf Course Superintendents for similarly situated public facilities so as to maintain the aesthetic level and proper condition of the Premises. 12 a) Regularly monthly scheduled joint inspections of the Premises and of the Lessee's operations shall be made by the Lessor with a representative of the Lessee. The written report of such inspections shall be recorded, ranked, and retained for reference. b) The Lessee shall provide a Golf Course Manager or Managers or Assistant Managers at the Premises daily during normal working hours as submitted to the Lessor. The Lessee must retain sufficient administrative and maintenance personnel at the Premises to perform all work as scheduled and required by the Lessor under this Agreement. All personnel shall be clean and neat at all times and wear appropriate clothing. The Lessee shall establish and enforce a dress code policy. This policy should, at a minimum, ensure identifiable, (name badges, etc.) uniformed personnel. This uniform and its inscriptions, logos, name badge, etc., shall be approved in advance by the Lessor in writing. c) In regard to emergency services, the Lessee will provide the Lessor with the names and telephone numbers of at least two (2) qualified persons who can be called by Lessor's representatives when emergency maintenance conditions occur during hours when the Lessee's normal work force is not present. The Lessor shall call for such assistance only in the event of a genuine and substantial emergency. This section does not pertain to conditions rendering the facility unusable as otherwise set forth. d) In regard to all or a portion of the Premises being out of operation, or whenever use must.be temporarily suspended due to inclement weather conditions, maintenance and repair work and the like, the decision of when to allow use to resume will be made by the Lessee. e) The Lessee at its sole cost and expense shall furnish all necessary equipment, supplies and material of good quality and in sufficient number to fulfill the requirements of this Agreement and to accomplish an acceptable and professional level of maintenance. The Lessee shall secure the Lessor's approval of the following items prior to its use or installation on the Premises: Golf Course signage per individual holes, and ingress/egress signs (in accordance with the Department's sign program). L. Compliance with Laws The Lessee shall conform to and abide by all municipal and County ordinances, and all state and federal laws and regulations, insofar as the same or any of them are applicable; and where permits and/or licenses are required for the Premises operation(s) and/or any construction required or authorized, the same must be first obtained from the regulatory agency having present jurisdiction. 13 M. Compliance with Rules and Regulations The Lessee shall conform to and abide by all rules, regulations, procedures and policies of the Board of County Commissioners and the County Manager insofar as the same or any of them are applicable. N. Disorderly Persons The Lessee shall exercise every reasonable effort not to allow any loud, boisterous or disorderly persons to remain about the Premises. O. Illegal Activities The Lessee shall not knowingly permit any illegal activities or violation of any park ordinances to be conducted upon the Premises. P. Signs The Lessee shall not post additional, permanent signs upon the Premises or improvements thereon, unless prior approval is obtained from the Lessor. Q. Public Use The Lessee shall use its best efforts to maximize the public use of the Premises and the Golf Facilities thereon. R. Lessee's Staff 1. The Lessee shall maintain an adequate and proper staff. The Lessor may at any time give the Lessee written notice to the effect that the conduct or action of a designated employee of the Lessee is, in the reasonable belief of the Lessor, detrimental to the interest of the public patronizing the Premises. Following the Lessor's written notice, the Lessee shall, at the Lessor's discretion, meet with the Lessor to consider the appropriate action with respect to such a matter and the Lessee shall take reasonable measures under the circumstances to assure the Lessor that the conduct and activities of the Lessee's employees will not be detrimental to the interest of the public patronizing the Premises. 2. The Lessee shall establish an identification system for personnel assigned to the Premises which clearly indicates to patrons and other members of the general public the name of the person (s) on duty and responsible for providing information, instruction(s) or collecting fees. The identification system shall be furnished at the Lessee's expense and must include appropriate attire, name badges and/or name plates as specified and approved by the Lessor. 14 S. Sanitation No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public or environmental health shall be permitted to remain on the Premises and the Lessee shall prevent any accumulation from occurring. T. Safety The Lessee shall immediately correct any unsafe condition of the Premises, as well as any unsafe practices. The Lessee shall obtain emergency medical care for any member of the public who is in need because of illness or injury occurring on the Premises. The Lessee shall cooperate fully with the Lessor in the investigation of any accidental injury or death occurring on the Premises, including a prompt report to the Lessor. U. Days and Hours of Operation The Lessee shall keep the Premises open daily, including Saturdays, Sundays and holidays, on a seasonal schedule submitted to the Lessor semi-annually. Any dates the facility will be closed (i.e. certain days of the week, Christmas, etc.) shall be noted in this schedule. The minimum hours of operation shall be approved by the Lessor. Any changes in the days and hours of operation prescribed shall be subject to approval by the Lessor. V. Prices The Lessee shall at all times maintain in a visible and convenient location for the public a complete list or schedule of the prices charged for all goods or services, or combinations, supplied to the public on or from the Premises. W. Oualit of Goods and Service Service to the public, with goods and merchandise of good quality and at reasonable charges, is of prime concern to the Lessor and is considered a part of the consideration for this Management Agreement. Therefore, the Lessee agrees to operate and manage the Premises services and facilities offered in a manner comparable to other similar facilities and services during the entire term of this Agreement. The Lessee, following receipt of written notification, shall immediately withdraw or remove from sale any goods or services which may be found objectionable to the Lessor based on findings that the provision of such goods or services are harmful to the public welfare. X. Use of Facilities: Restrictions The Lessee shall obtain the Lessor's prior written approval of any events or activities not otherwise specifically provided for and authorized herein. 15 Y. Reporting The Lessee or its representative shall meet with the Lessor once every month, and at such other times as may be required by the Lessor to review Lessee's performance under this Agreement and to conduct a site inspection to review and discuss any problems or matters as determined by the Lessor or Lessee. Z. The than an approved Habitation Premises shall night watchman not be used for human habitation, other or patrolman. AA. Credit in Promotional Materials The Lessee agrees that any advertising or promotional materials and other Golf Facility supplies (excluding wearing apparel, golf clubs, bags and similar merchandise) promulgated by Lessee which contain the name of the Premises shall also include the logo/name "Mecklenburg County Park and Recreation" unless specifically approved otherwise by the Lessor. 9. Broker Commission. The parties hereto represent to the other that there is no broker or real estate agent involved in this transaction, that no brokerage commission or other fee is due from either of them to any party, and each indemnifies the other against any liability therefore. 10. Maintenance: Repairs: Alterations. It is the intent of Lessor and Lessee to develop and operate a first class, daily fee, tournament quality, public golf facility servicing the Charlotte community. In this regard, it shall be the obligation of Lessee to operate and to maintain the Golf Facilities in a reasonable fashion comparable in golf course condition and business management with first class, daily fee, tournament quality public course facilities in North and South Carolina. Lessee shall have the right, from time -to -time, to make such alterations and improvements to the Premises as shall be reasonably necessary or appropriate to Lessee's use of the Premises, provided that prior to the commencement of any such alterations or improvements, the Lessor shall have consented in writing to material deviations from the existing plans and specification therefore, which consent shall not be unreasonably withheld. 11. Ownership of Improvements. All improvements constructed on the Premises by Lessee as permitted by this Lease shall be owned by Lessee until expiration of the Lease Term, or upon earlier termination of this Lease. All improvements on the Premises at the expiration of the Lease Term or termination of this Lease shall, without compensation to Lessee, then become Lessor's property free and clear of all claims to or against them by Lessee or any third -party. "D Upon the expiration or earlier termination of this Lease, Lessee shall have the right to remove from the Premises all furniture, machinery, equipment, trade fixtures and other items of personal property owned by Lessee, provided, that after removal of any such items, any damage, defacing or marring of the buildings or improvements located on the premises shall be repaired and restored by Lessee at Lessee's expense. Lessee may make chattel mortgages, conditional sale contracts and other financing arrangements with third -parties respecting business fixtures and equipment located upon the Premises without further consent of Lessor provided that Lessee's foregoing agreement for repair and restoration arising from removals shall extend to and include such removals by third parties. i2. Quiet Enjoyment. A. Lessor covenants that it has title to the Premises sufficient to support the term of this Lease and any renewal terms provided for herein, that it has the right and authority to make this Lease for the term and on the conditions herein contained, and that so long as Lessee performs its undertakings, representations and obligations hereunder and is not in default thereon, said Lessee shall have and enjoy peaceful possession and use of the Premises free from the claims of all others. B. The Lessee agrees that it will at all times permit the Lessor access to the Premises when necessary for environmental inspection and testing. The Lessee agrees that it will allow the Lessor to rearrange and maintain facilities at the Premises as required to monitor or remediate environmental conditions. The Lessor assumes all responsibility for and will indemnify and hold the Lessee harmless from any liability resulting from any pre-existing environmental defects and conditions not attributable to the Lessee, including contamination of soil, underground storage tanks, underground wells and ground water sources beneath or adjacent to the Premises. 13. Damage to Premises. If during the Lease Term the buildings or other improvements on or appurtenant to the Premises shall be destroyed or damaged by fire, storm lightning, earthquake or other covered casualty, Lessee shall restore the Premises at its expense to substantially the same condition as before damage occurred and as quickly as is practical. Lessor and Lessee hereby agree that all proceeds of insurance polices and coverage referenced above shall be used for such restoration and repair. The parties agree that in the event that the period of restoration and repair exceeds six months in duration, then the Lessee shall be entitled to an abatement of its rental payment obligations for the additional period necessary to complete the repairs, not to exceed six months, so long as the Lessee shall have used its best efforts to expeditiously complete said repairs during the initial six months following the occurrence of the casualty event. The abatement shall be calculated based on the number of days 17 required for restoration as a percentage of the number of days in the applicable year. Nothing herein shall require Lessee to replace damaged or destroyed trees except trees having a maximum caliper of two (2) inches. 14. Default. A. The following events shall be deemed to be Events of Default by Lessee under this Lease: (1) If Lessee shall fail to pay any scheduled rent payment reserved herein within ten (10) days of date when due, and shall not cure such failure within ten (10) days after receipt by Lessee of written notice of such failure; (2) If Lessee shall fail to comply with any term, provision or covenant of this Lease, other than the payment of rent, and shall not cure such failure within thirty (30) days after receipt by Lessee of written notice of such failure; Provided that where fulfillment of such obligation requires activity over a period of time and the Lessee shall have immediately, following receipt of such notice, commenced to perform whatever may be required to cure the particular default and continues such performance diligently, said time limit may be waived in the manner and to the extent allowed by the Lessor. (3) If Lessee shall become insolvent, or shall make a transfer in fraud of its creditors, or shall make an assignment for the benefit of its creditors; (4) The filing of a voluntary or involuntary petition in bankruptcy by the Lessee; the adjudication of the Lessee as a bankrupt, the appointment of any receiver of the Lessee's assets; the making of a general assignment for the benefit of creditors; a petition or answer seeking an arrangement for the reorganization of the Lessee; the occurrence of any act which may operate to deprive the Lessee permanently of,the rights, powers and privileges necessary for the proper conduct and operation of the Property; the levy of any attachment or execution which substantially interferes with the Lessee's operation(s) under this Agreement and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. (5) Transfer of the majority controlling interest of the Lessee to persons other than those who are in control at the time of the execution of this Agreement without approval by the Lessor, which shall not be withheld unreasonably. t is B. Upon the happening of any Event of Default, and expiration of any applicable period for curing the same, Lessor may, by written notice given to Lessee, at any time after such Event of Default, terminate the Lease Term of this Lease effective as of the date of such Event of Default. C. Upon any termination of the Lease Term hereof, whether by lapse of time or otherwise, Lessee shall promptly surrender possession and vacate the Premises. D. If Lessor shall elect to terminate the Lease Term of this Lease, Lessor shall be entitled to recover of Lessee all sums due by Lessee up to the date of such termination and such damages as may accrue by reason of Lessee's default hereunder. E. No remedy herein or otherwise conferred upon or reserved to Lessor or Lessee shall be considered exclusive of any other remedy, but the same shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute. No delay or omission of Lessor or Lessee .to exercise any right or power conferred or created under the terms of this Lease, or shall be construed to be a waiver of any such right or power or an acquiescence thereto. F. If Lessor incurs any expenses, including court costs and reasonable attorney's fees, as a result of a default by Lessee under this Lease, then such expenses shall be reimbursed by Lessee as additional rent, whether or not such default is subsequently cured. G. A waiver by Lessor of any default by Lessee of any covenant, condition, agreement or Event of Default under this Lease shall not be construed to be a waiver of any subsequent default, and no delay or omission by Lessor to exercise any right or power, shall be construed to be a waiver of any such default or acquiescence thereto. 15. Waiver A. Any waiver by the Lessor of any breach of any one (1) or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of the Lessor to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained by construed as in any manner changing the terms of this Agreement or estopping the Lessor from enforcing the full provisions. B. No delay, failure, or omission of the Lessor to re-enter the Premises or to exercise any right, power, privilege or option, arising from any default, nor any subsequent acceptance of payments then or 19 thereafter shall impair any such right, power, privilege or option, or be construed as a waiver of or acquiescence in such default or as a relinquishment of any right. C. No notice to the Lessee shall be required to restore or revive "time of the essence" after the waiver by the Lessor of any default . D. No option, right, power, remedy or privilege of the Lessor shall be construed as being exhausted by the exercise in one (1) or more instances. The rights, powers, options, privileges and remedies given the Lessor by this Agreement shall be cumulative. 16. Labor and Materialmen's Liens. The Lessor and Lessee covenant, each to the other, not to permit any lien to be filed against the Premises on account of non-payment or disputes with respect to labor or materials furnished in connection with the construction as referred to herein, or any subsequent repairs or modifications or additions thereto, nor shall the parties permit any judgment, lien or attachment to lie against the property. Should any lien of any nature, including the foregoing but not limited thereto, be filed against the property, the party on whose account, or alleged debt, such lien arises, shall within thirty (30) days cause said lien to be removed by substitution of collateral, bonding or otherwise, or in the alternative initiate such proceedings as may be necessary in order to obtain removal of any such lien or liens and, unless otherwise agreed by Lessor, the lien or liens shall be removed within six (6) months from the date upon which Lessee received actual notice of the lien. 17. Assignment and Subletting. Lessee may assign this lease to any entity in which L. Jackson Blythe, Frank W. Blythe & Gregory A. Currie are general partners or have a majority ownership interest. Provided however, if the entity is other than a general partnership, L. Jackson Blythe, Frank W. Blythe and Gregory A. Currie must have executed and delivered to Lessor their personal guaranties of this Agreement. Lessee may also assign this . lease to NationsBank,. N.A.(Carolinas) ("NationsBank")or any other lender of the Lessee, or their successors, as security for loans made to Lessee, providing the proceeds of such loans are used for the construction and operation of the Golf Facilities. Otherwise, Lessee may not assign this Lease or sublet the whole or any part of the Premises during the term hereof without the written consent of the Mecklenburg County Board of Commissioners, which consent shall not be unreasonably withheld. 18. Condemnation. In the event, during the Lease Term, the entire Premises are acquired by the exercise of the power of eminent domain, this Lease shall terminate at the time possession must be surrendered and the Lessee shall be relieved of all future payments provided for herein. 20 In the event, during the Lease Term, only a portion of the Premises is acquired by the exercise of the power of eminent domain, and the Premises as thus affected cannot reasonably be used by the Lessee, then this Lease shall be terminable by the Lessee by serving written notice upon the Lessor, and when so terminated, Lessee shall be relieved of all future rental payments provided for herein. In either of said events, Lessor and Lessee, as their interests appear under the Lease shall be entitled to the proceeds arising out of any such acquisition of -the Premises or portion thereof under the power of eminent domain. Nothing contained herein shall in any way limit or diminish Lessor's right to recover for loss or diminished value to its fee simple ownership of the Premises. Provided, further, that nothing herein shall be construed so as to prevent the Lessee from making a claim for a separate award for any relocation expenses, for such losses as it may sustain in connection with the Golf Facilities which are the property of the Lessee until the expiration or termination of the Lease and any losses or diminishment to its leasehold interest. Provided, further, that the Lessee shall be entitled to any amount specifically designated for such losses which it may sustain in either of said events whether such an amount shall be a separate award in itself or shall be only a part of an award. 19. Mortgacring of Leasehold Interest. There is no obligation on the part of the Lessor to subject its fee interest to secure any obligations of any kind incurred by the Lessee in enjoyment of the Premises — A. Provided that Lessee is not in default under this Lease, Lessee shall have the right during the term of this Lease to encumber, by mortgage, deed of trust and/or other instruments, its leasehold interest in the Premises as security for financing without the consent of Lessor. Such mortgages, deeds of trust and/or other instruments are hereinafter collectively referred to as the "Mortgage", and the owner and holder thereof as the "Mortgagee." B. Lessor hereby agrees that upon written request of either Lessee or the Mortgagee, Lessor will give to the Mortgagee a copy of all notices from Lessor to Lessee hereunder at the time of giving such notice or communication to Lessee and notice of any rejection of this Lease by any trustee in bankruptcy of Lessee. C. Lessor will not exercise any right, power or remedy with respect to any Event of Default or termination hereunder until the. expiration of any grace period provided to Lessee with respect thereto, plus an additional period of thirty (30) days, within which period the Mortgagee shall give to Lessor written notice that either (i) such default is not susceptible of being corrected and is therefore subject to the provisions of subparagraph 17 (D) immediately below, or (ii) the Mortgagee intends to undertake the correction of such default or cause the same to be corrected, and the Mortgagee shall thereafter prosecute 21 diligently the correction of such default or cause the same to be corrected, whether by exercise on behalf of Lessee of its obligations hereunder, entry on the Premises, foreclosure, sale or otherwise; provided, that nothing herein contained shall affect the validity or enforceability of Mortgagee's Mortgage on the leasehold interest of Lessee. In connection with the right to cure herein granted, the Mortgagee may make any payment of any amount due or perform any act required hereunder to be made or performed by Lessee. Such payment or performance shall have the same effect as if made or performed by Lessee. D . So long as a Mortgage shall be as lien en upon Lessee's interest hereunder, Lessor shall not declare the Lease forfeited, or reenter, take possession of, relet the Premises or similarly enforce performance, or terminate or take any action which would lead to the termination hereof, (and this Lease shall not terminate) by reason of any condition or event which is not susceptible of being corrected or eliminated by the Mortgagee within the cure period applicable hereunder (such as bankruptcy or any other insolvency proceeding); provided that if any such condition or event shall have occurred and be continuing, Lessee may, upon notice to Lessor, assign its interest thereunder to the Mortgagee or its nominee. The happening of any such condition or event (including, without limitation, any rejection of this Lease by Lessee's trustee in bankruptcy, reorganization, arrangement or similar proceeding) which would, if it were not for this section, cause this Lease to terminate, shall, without any action or consent by Lessor, Lessee or the Mortgagee, effect the transfer of Lessee's interest hereunder to the Mortgagee or its nominee. The Mortgagee may, without prejudice to any rights or remedies it may have under the Mortgage, terminate this Lease upon such transfer by giving notice to Lessor no later than thirty (30) days after transfer of the Lessee's interest. Upon Mortgagee's termination of this Lease, Mortgagee shall have no rights or obligations under this Lease which may have accrued prior to, or which may accrue subsequent to, such termination. Lessee shall remain obligated under this Lease for any amount due at the date of termination. E. Pursuant to the exercise of any right, power or remedy of the Mortgagee under the Mortgage or pursuant to judicial proceedings or the provisions of subparagraph 17 (D), and in the event (i) Lessee's interest hereunder shall be sold, assigned or otherwise transferred, and (ii) no rent or other sums payable hereunder shall then be due and payable, except as may become due and payable as the result of the new lease referred to below, and (iii) the Mortgagee shall have arranged for the correction of any default hereunder by new Lessee under the new lease referred to below, and (iv) this Lease shall not have been terminated by reason of default pursuant to the terms hereof, Lessor upon receipt within thirty (30) days after the occurrence of any event referred to in clause (i) of this subparagraph 17 (E) of a written 22 request therefore and upon payment by Mortgagee of all expenses incident thereto, will execute and deliver a new lease (the "New Lease") to the Mortgagee or its nominee, for the remainder of the Lease Term with the same terms as are contained hereunder and with equal priority hereto. Upon the execution and delivery of the New Lease, Lessor, at the expense of the new Lessee, shall take such steps as shall be necessary to cancel and discharge this Lease of record and remove Lessee from the Premises and cure all defaults existing under this Lease. If the Mortgagee shall become the Lessee under this Lease or the New Lease as hereinabove provided for, then the Mortgagee shall, notwithstanding any other provision of this Lease, have the right to transfer sell or assign its interest in such lease without the consent of the Lessor, provided the Mortgagee is not then in default under any of its obligations under this Lease or the New Lease and any defaults under this Lease shall have been cured. Upon such transfer, sale or assignment, and provided all rental and all other sums payable hereunder and under the New Lease to the date of such transfer, sale or assignment are paid by the Mortgagee, the Mortgagee shall, notwithstanding any other provision of this Lease, be released from all further liability under this Lease or the New Lease. Upon written request therefore and upon payment by Mortgagee of all expenses (including, without limitation, attorney's fees and expenses) incident thereto, Lessor will execute and deliver the New Lease to any such transferee or assignee for the remainder of the Lease Term with the same terms as are contained in this Lease and with equal priority hereto. 20. Environmental Representations, Warranties and Indemnity. Lessee shall not cause or permit any hazardous wastes, hazardous substances, toxic substances or related materials (collectively, "Hazardous Materials") to be used, generated, stored, or disposed of on, under or about, or transported to or from the Premises (collectively "Hazardous Materials Activities") except in compliance with all applicable federal, state and local laws, regulations, ordinances and orders governing such Hazardous Materials or Hazardous Materials Activities, which compliance shall be at Lessee's sole expense. Additionally, Lessee shall not cause or permit any Hazardous Materials to be disposed of on, under or about the Premises without the express prior written consent of the Lessor, which may be withheld for any reason. Lessee shall be responsible for all reporting or notification obligations of an owner, operator or person in control of petroleum products or Hazardous Materials under any applicable federal, state or local law, regulation, ordinance or order. The Lessor acknowledges that Lessee will in the future maintain above ground fuel tanks and store fertilizer and other chemicals within the Premises, but only to the extent as are necessary to the operation and maintenance of the Golf Facilities. 23 Lessor shall not be liable to Lessee or to any other party for any Hazardous Materials Activities conducted or permitted on, under or about the Premises by Lessee or by Lessee's employees, agents, contractors, licensees, or invitees. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from any claims, damages, fines, penalties, losses, judgments, costs and liabilities arising out of or related to any Hazardous Materials Activities conducted or permitted on, or under or about the Premises by Lessee's employees, agents contractors, licensees, or invitees, regardless of whether Lessor shall have consented to,approved of, participated in or had notice of such Hazardous Materials Activities. The provisions of this paragraph shall survive the expiration or termination of this Lease. At the expiration of this Lease, including any extension, Lessee shall remove from the Premises, at Lessee's sole expense, all Hazardous Materials located, stored or disposed of on, under or about the Premises which were first brought to or used, stored or disposed of on the Premises by Lessee or by Lessee's employees, agents, contractors, licensees, or invitees. Lessee shall close, remove or otherwise --render safe any buildings, tanks, containers, or other facilities related to the Hazardous Materials Activities conducted or permitted on the Premises in the manner required by all applicable laws, regulations, ordinances or orders. Lessee shall be solely responsible for the transportation, handling, use or reuse and disposal of such Hazardous Materials after their removal from the Premises. During its occupancy of the Premises, Lessee shall at its own expense make all corrections, repairs or additions to the Premises or Golf Facilities which are necessary to insure continued compliance with all applicable federal, state and local laws, regulations, ordinances or orders governing any Hazardous Materials Activities conducted or permitted by Lessee or by Lessee's employees, agents, contractors, licensees, or invitees on, under or about the Premises. If Lessee is required by any law, regulation, ordinance or order to obtain any insurance or furnish any documentation of financial responsibility in connection with Hazardous Materials conducted or permitted by Lessee or by Lessee,s employees, agents, contractors, licensees or invitees on, under or about the Premises, Lessee shall provide evidence of such insurance or documentation to Lessor prior to Lessee's commencement or authorization of any Hazardous Materials Activities on the Premises. In the event any such law, regulation, ordinance or order shall go into effect after the commencement or authorization of any Hazardous Materials Activities on the Premises, Lessee shall furnish evidence of required insurance or documentation to the appropriate regulatory authority. Any insurance or 24 evidence of financial responsibility required pursuant to this paragraph shall be maintained in force for the duration of the Lease Term and shall provide for notice to Lessor at least thirty (30) days prior to cancellation or termination. For purposes*of this section, Hazardous Materials shall include all solid, liquid or gaseous material defined or regulated as wastes under any federal statute or regulation and any state or local law, regulation or ordinance applicable to the Premises and shall further include all other substances defined or regulated as pollutants or as hazardous, toxic, infectious, or radioactive substances under any federal statute or regulation or any state or local law, regulation or ordinance applicable to the Premises, all as amended from time to time. Without limitation to the foregoing, the term Hazardous Materials shall include used or waste oils regulated under any federal, state or local law, regulation or ordinance. During the Lease Term, Lessor or its representatives shall have the right, but not the obligation, to enter the Premises at all reasonable times for the purposes of inspecting and determining Lessee's compliance with the provisions of this section. such inspections may include any testing which does not unduly interfere with Lessee's business. If Lessor or Lessor's representative shall detect any violation of the provisions of this section, including the presence of any contamination of soil or groundwater by any Hazardous Materials, Lessor shall notify Lessee of such violation and Lessee shall take immediate steps to correct such violation. If in Lessor's judgment that steps taken by Lessee are inadequate or untimely, Lessor or its representatives shall be entitled to enter the Premises and take whatever corrective action Lessor deems necessary to correct the violation. Lessor hereby agrees to indemnify and hold harmless Lessee from any costs, expenses, or liabilities resulting from Lessor's exercise of its rights under this paragraph. 21. Indemnification. During term of this Lease, Lessee will protect, indemnify and save harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation, attorneys' fees and expenses by reason of (i) any accident, injury to or death of persons or loss of or damage in property occurring on the Premises or any part thereof, (ii) any use, nonuse or condition of the Premises or any part thereof, (iii) any failure on the part of the Lessee to perform or comply with any of the terms of this Lease or (iv) performance by persons other than Lessor, its agents or employees of any labor or services or the furnishing of any materials or other property in respect to the Premises or any part thereof. In case any action, suit or proceeding is brought against Lessor by reason of any such occurrences, Lessee upon Lessor's request, will at Lessee's expense resist and defend such action, suit or 25 proceeding, or cause the same to be resisted and defended by counsel acceptable to the Lessee and Lessor, Such obligation of Lessee under this action which shall have occurred at the time of any termination of this Lease shall survive any such termination. 22. Transfer of Lessor's Interest. In the event of the sale, assignment or transfer by Lessor of its interest in. the Premises and/or in this Lease (other than a collateral assignment to secure a debt of Lessor) to a successor in interest (who must expressly assume the obligations of Lessor hereunder), Lessor shall be released or discharged from all of its covenants and obligations hereunder, except such obligations as shall have accrued prior to any such sale, assignment or transfer; and Lessee agrees to look solely to such successor in interest of Lessor for performance of the Lessor's obligations. Lessee shall thereafter attorn and look solely to such assignee, as Lessor, provided Lessee has first received written notice from the Lessor of such assignment of Lessor's interest. Lessor agrees that it will give Lessee and its mortgagees, if any, written notice of the Lessor's intent to sell, assign or transfer Lessor's interests in the Premises. Such notice shall be given at least sixty (60) days prior to the last date on which bids would be accepted for the Lessor's sale, assignment or transfer of Lessor's interests in the Premises. 23. Lessor's Option to purchase. During the Lease Term and as long as the named Lessor herein is the owner of the Premises and is in compliance with the Lease, Lessor shall have the option to purchase the leasehold interest of the Lessee during the option periods and for the purchase price as follows: Option Period Purchase Price 1. Lease year one (1) The sum of the balance of all through lease year outstanding indebtedness of five (5) Lessee and capital expended on the Premises plus $6,000,000.00 2. Lease year six (6) through lease year thirty (30) 3. Lease year thirty-one (31) through lease year thirty-five (35) 4. Lease year thirty-six through lease year forty (40) Five (5) times the gross receipts for the prior lease year with the highest gross revenue $4,000,000.00 $2,000,000.00 26 In the event Lessor desires to exercise this option, it shall give to the named Lessee notice in writing, as herein provided for notices, of its intention to exercise this option, and the named Lessor shall have sixty (60) days from the date of said notice to purchase the leasehold interest of Lessee. The Lessor's notice of its exercise of this option to purchase will be deemed given as of the date postmarked on the envelope containing such notice. It is specifically understood and agreed that this option to purchase only applies to the named Lessor herein and that this option may not be assigned by the'Lessor. 24. Notices. Lessee shall make its rental payment to Lessor at, and shall give all notices or other communication to Lessor at the following address: Mecklenburg County ATTN: County Manager 600 E. 4th Street Charlotte, NC 28202 Copy To: Director Department of Parks and Recreation 700 North Tryon Street Charlotte, NC 28202 Notices from Lessor to Lessee shall be sent to Lessee at the address shown on Page 1 of this Agreement. Every notice or other communication required by this Lease, shall be effective if given in writing and sent by United States Registered or Certified Mail, return receipt requested, with postage prepaid and addressed directly to the respective party at the stated addresses; or at such other addresses as either party may designate by written notice to the other, from time to time. 25. Dispute and Resolution. A. If any matter relating to the initial design of the Golf Facilities is submitted to Lessor for approval, the Lessor shall have a period of thirty (30). days from the date of receipt of the plans to approve or disapprove said plans. In the event the Lessor fails to disapprove the plans within the said thirty days, the plans will be deemed to have been accepted by the Lessor. If the Lessor shall disapprove the plans, the Lessor shall give written notice to the Lessee of such disapproval, which notice shall specify the specific portions of the plans which the Lessor disapproves. The Lessor and Lessee agree that within ten (10) days from the date of the notice of disapproval by the Lessor, the Lessor and Lessee shall submit the issue of the Lessor's disapproval to mediation before a mutually agreed upon person whose name appears on the mutually agreed upon list of Mediators, who shall act as 27 Mediator ("Mediator"). In the event the parties after mediation have been unable to resolve their dispute over the Lessor's disapproval of the plans and design, this Lease shall terminate and any funds deposited by the Lessee with the Lessor shall be returned to the Lessee. B. Subsequent to the commencement of work on the Premises, should any dispute arise relating to the construction of the Golf Facilities, (including but not limited to whether the construction is in accordance with the approved plans, failure of the Lessor to approve deviations from said plans, or failure of Lessor to approve plans for additional improvements to the Premises) or any other dispute arising out of any other matter for which the Lessor's approval is required relating to the operation_ of the Golf Facilities. The parties agree that the matter under dispute will be referred to the Mediator for arbitration. The arbitration proceeding shall be governed by the Rules of Conciliation and Arbitration of the American Arbitration Association and the decision of the Mediator shall be final and binding on the parties. The decision of the Mediator must be rendered no later than five days following the conclusion of the arbitration proceedings. It is agreed that the parties will each be responsible for one-half (1/2) of the cost of the arbitration proceedings. C. All other disputes between the Lessor and Lessee under the terms of this Agreement or otherwise shall, if possible, be settled amicably through negotiation. If amicable settlement cannot be reached, then prior to the institution of legal action the Lessor and Lessee agree to submit the dispute to nonbinding mediation before a Mediator approved by and in accordance with the Rules for Mediated Settlement Conferences Promulgated by the Administrative Office of the Courts of North Carolina. 26. Miscellaneous Provisions. A. It is expressly understood and agreed by the parties that this Lease sets forth all promises, agreements, conditions, and understandings between the parties relative to the Premises and the Golf Facilities, that no subsequent alteration, amendment, change, or addition to this Lease shall be binding upon either party unless reduced to writing and signed by each of them, that the execution of this Lease or the performance of any act pursuant to the terms and conditions hereof shall not be.deemed or construed to have the affect of creating between Lessor and Lessee the relationship of principal and agent or of partnership or of joint venture and that the relationship between them shall be that only of Lessor and Lessee, and that the provisions hereof shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors, and assigns. 28 B. This Lease shall be construed and enforced pursuant to the laws of the State of North Carolina. In the event that any provision of this Lease, by final Court order, shall be held invalid, such shall not serve to affect the remaining portions of this Lease Agreement. C. The following words as used shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used: "County Manager". County Manager or his/her authorized representative. "Director": Director of Department of Park and Recreation or his/her authorized representative. "State": The State of North Carolina. "County": Mecklenburg County "Department of Park and Recreation": Mecklenburg County Department of Park and Recreation Whenever, as provided in this Agreement, approval of the Lessor is required, the same shall be deemed to mean the approval of the County Manager or the Director of the Department of Park and Recreation of Mecklenburg County. D. The County Manager and/or Director shall be responsible for the enforcement of this Agreement on behalf of .the County and shall be assisted by those officers and employees of the County having duties in connection with the administration. E. Any officers and/or authorized employees of the Lessor may enter upon the Premises at any and all reasonable times for the purpose of determining whether or not the Lessee is complying with the terms and conditions, or for any other purpose incidental to the rights of the Lessor within the Premises. F. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and costs incurred in the action. G. Lessor and Lessee shall each execute a Memorandum of Lease to be recorded in the Mecklenburg Public Registry. H. Bid Deposit. Lessee has deposited with Lessor $46,702.65 ("bid amount") to satisfy the requirements of G.S. §160A-269 . If this Lease is not terminated prior to the first paid 18 hole round of golf at the Golf Facilities played by a member of the general public after the Golf 29 Facilities have been opened to the public for general play, Lessor shall return the bid amount to Lessee within thirty (30) days after the date of said first paid round of golf is played. I. Review Period. On or before July 15, 1995, Lessee shall have the right, at it's .sole cost, to review and approve the following matters: (a) the physical condition of the Property; (b) the condition of title to the Property; (c) the current zoning of the Property and evidence of the Property's compliance therewith; (d) confirmation that the Property has legal access to a publicly dedicated and designated road or highway; (e) confirmation of the availability of water, sewer, electricity and other utilities; (f) any other matters which Lessee deems necessary in order to determine that the Property is suitable for Lessee's intended use as a golf course and related facilities; (g) confirmation that there will be no loss of use of the Property by Lessee for its' intended purpose because of landscaping, or green belt areas or other easements or set backs required to be granted in order to develop the Property; and (h) confirmation that the Property in Lessee's sole judgment, has adequate surface and storm water drainage available to permit drainage in such a manner as is legally required and otherwise necessary for the construction and operation of a golf course. J. Conditions. This Agreement is conditioned upon the closing of a development loan with NationsBank or such other lender as the Lessee may chose, upon such terms and in such amounts as the Lessee in its sole discretion determines is in the best interest of the Lessee on or before October 15, 1995. K. Lessee's Right to Terminate. Lessee's obligation under this Agreement shall be conditioned upon Lessee's approval and/or satisfaction with the matters set forth in Section 26 (I) and 26 (J) , which approval shall be in Lessee's sole discretion. Lessee shall have the right to disapprove of any matter set forth above and terminate this Agreement by delivering written notice of such to Lessor at any time prior to the expiration of the Review Period with respect to Section 26 (I) or prior to October 15, 1995 with respect to Section 26 (J) . Should the Lessee elect to terminate this Agreement, the Lessor shall return to Lessee all sums deposited with the Lessor, (less actual attorney's fees 30 and publication fees incurred by the Lessor if the Lessee terminates this Agreement based on Section 26(J)) and neither party shall have any further obligation to the other. IN WITNESS WHEREOF, the parties have caused this document to be executed as of the day and year first above written. LESSOR: Mecklenburg County, North Carolina APPROVED AS TO FORM: County Attorney APPROVED AS TO INSURANCE: lvi ion of ur n a d Risk Management This instrument had been preaudited in the manner required by the Local Government Budget and Fiscal Control Act i ecto finance -ju 31 LESSEE: Blythe, Blythe & General Partnership By: By: By: General Partner 32 Currie, a North Carolina EXHIBIT B ANNUAL RENTALS LEASE YEARS FIXED RENT ADDITIONAL RENT One (1) through four (4) -0- - 0 - LA-NEt Five (5) through ten (10) $30, 000. 00 -0- 1 1 Eleven (11) through twenty (20) $50,000.00 8%,gross receipts in excess of $1,7/50,000.00 Twenty-one (21) through $100,000.00 1026 gross thirty (30) receipts in excess of $2,000,000.00 Thirty-one (31) through $200,000.00 109s- gross thirty-five (35) receipts in excess of $2,000,000.00 Thirty-six (36) through $250,000.00 100-. gross forty (40) receipts in excess of $2,000,000.00 33 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG FIRST AMENDMENT TO GROUND LEASE AGREEMENT THIS FIRST AMENDMENT TO GROUND LEASE AGREEMENT (this "First Amendment"), dated as of December , 1999, is between MECK.LENBURG COUNTY, apolitical subdivision of the State of North Carolina ("Lessor"), and TRADITION GOLF CLUB LLC, a Delaware limited liability company ("Lessee."). RECITALS: WHEREAS, on or about July 1, 1995, Lessor and Blythe, Blythe & Currie, a North Carolina general partnership ("Original Lessee"), as lessee, entered into that certain Ground Lease Agreement (the "Lease") relating to the lease of certain real property located in Mecklenburg County, North Carolina, being more particularly described on Exhibit "A" attached thereto and made a part thereof for all purposes (the "Premises'); and WHEREAS, Lessee is the successor in interest in and to the Original Lessee's leasehold estate (the "Leasehold Estate") under the Lease; and WHEREAS, Lessor and Lessee desire to amend the Lease in the manner hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Section 8.D. is deleted and replaced with the following: D. Junior/Senior Golf Program The Lessee shall cooperate with the Lessor in the establishment and promotion of a youth or "Junior" golf program by providing for up to three (3) tournaments/special events at a reduced rate entry fee established jointly with the Lessor. The Lessee shall pay to "Partners For Parks, Inc. " (or to Lessor, or such other not -for -profit corporation which supports the Mecklenburg County Parks, as may be directed in writing by Lessor) the sum of twenty-five cents (25G) for each paid 18-hole round green fee. Payments shall be made by check, draft or money order issued and payable to "Partners For Parks, Inc. " (or as otherwise designated by Lessor pursuant to this Agreement) and mailed or otherwise delivered to the Department of Park and Recreation, 5841 Brookshire Boulevard, Charlotte,North Carolina 28216- 2403; Attention: Resource Development Coordinator, or such other place as may be designated in writing by Lessor to Lessee. RBCWB1110729, W PD112-13-99 Payments shall be made on or before the first day of each month for paid rounds during the month which is two months prior to the month when the payment is due. (For example, payment will be due on or before each March for paid rounds during the immediately preceding January.) The Lessee shall further cooperate with the Lessor in support of golfing opportunities for the student population of the Charlotte -Mecklenburg School System. A "Senior golf program for older adults shall also be provided with regular golf opportunities such as events, tournaments, leagues, and outings being provided to meet consumer demand. 2. Section 17 of the Lease is hereby amended to read as follows: Assignment and Subletting. Lessee may assign this lease to any entity in which a corporation or limited liability company or limited partnership controlled by Jeffrey M. Silverstein is the Managing General Partner or Manager. Lessee may also assign this Lease to any lender of the Lessee, or their successors, as security for loans made to Lessee, provided the proceeds of such loans are used for construction or operation of the Golf Facilities or for the payment of the acquisition price therefor. Otherwise, Lessee may not assign this Lease or sublet the whole or any part of the Premises during the term hereof without the written consent of the Mecklenburg County Board of Commissioners, which consent shall not be unreasonably withheld. 3 . Section 23 of the Lease is amended to read as follows: 23. Lessor's Option to Purchase. During the Lease Term and as long as the named Lessor herein is the owner of the Premises and is in compliance with the Lease, Lessor shall have the option to purchase the leasehold interest of the Lessee during the option periods and for the purchase price as follows: Option Period 1. Lease year one (1) through lease year five (5) 2. Lease year six (6) through lease year thirty (30) Purchase Price The sum of the aggregate purchase price payable by Lessee to The Tradition, LLC, a Forth Carolina limited partnership, in connection with Lessee's acquisition of the leasehold estate on the date of the first amendment to the Lease plus $6 9000, 000.00. Five (5) times the gross receipts for any prior lease year which has the highest gross revenue compared to all other prior lease years. RBCWB\110729. WPD\12-13-99 -2- 3 . Lease year thirty-one (31) through lease year thirty-five (35) 4. Lease year thirty-six through lease year forty (40) $4,000.000.00 $ 2,0t10,000.00 In the event Lesser desires to exercise this option, it shall give to the named Lessee notice in writing, as :herein provided for notices, of its intentioli to exercise this option, and the nanied Lesser shall have sixty (60) days from the date of said notice to purchase the leasehold interest of Lessee. The Lessor's notice of its exermse of this option to purchase will be deemed given as of the date postmarked on the envelope containing such notice. It is specifically understood slid agreed that this option to purchase only applies to the named Lessor herein and that this option may not be assigned by the Lessor. 4. Section 24 of the Lease is amended to read as follows: 24. Notices and Rental Pa, . nents. Every notice or other communication required by this Lease shall be effective if given in writing and setit by United States registered or certified mail, return receipt requested, with postage prepaid, and addressed directly to the respective party at the addresses stated below, or at such other addresses as either party may designate by written notice to the other, from tine to time: Lessee: Mecklenburg County 600 Fast Fourth Street Charlotte, North Carolina 28202 ATTENTION: County Manager Copy to: Director Department of Park and Recreation 5841 Brookshire Boulevafd Charlotte, North Carolina 28216-2403 Lessee: TRADITION GOLF CLUB LLC c/o The IRI Golf Group 1I, LLC 1700 Country Club Drive Plano, Texas 75084 AT`I'l ;NTION': Mr. Jefficy M. Silverstein MCWB\110729.WPD\12-13-99 -3- Copy to: Snell Brannian & Trent 8150 North Central Expressway Suite 1800 Dallas, 'Texas 75206 ATTENTION: Lawrence J. Brannian, l.ssq. Lessee shall make its rental payment to Lessor at the following lowing address: Department of Parks and Recreation 5841 Brookshire Boulevard Charlotte, .North Carolina 28216-2403 ATTENTION: Resource Development Coordinator 5. Paragraphs 1, J and K of Section 26 are hereby deleted in their entirety. 6. The Lease shall be amended by adding a new Paragraph 27 to read as follows: 27. Letter of Credit. (a) On or prior to the execution of the First Amendment to Ground Lease Agreement, Lessee shall deliver to Lessor an irrevocable, unconditional Letter of Credit (the "Letter of Credit") in the amount of Thirty Thousand Dollars ($30,000) with an expiry date of July 15, 2ono, as security for the performance of Lessee's obligations hereunder. (b) On or before June 15, 2000 and on or before June 15 of each Lease Year thereafter through the Lease Year ending June 30, 2005, a replacement unconditional irrevocable letter of credit in the amount of $30,000.00 shall be delivered to Lessor as security for the performance of Lessee's obligations hereunder, such replacement Letter of Credit having an expiry date of July 15 of the subsequent calendar year. Each replacement Letter of Credit shall be issued by a financial institution having an office in Charlotte, North Carolina reasonably acceptable to Lessor. Lessee shall have the right to deliver other similar security, such as cash or negotiable securities or their equivalents, or the personal guaranty of a financially qualified person or entity (hereinafter "Other Security"), for its performance in lieu of a letter of credit subject to Lessor's prior written approval, which approval shall not be unreasonably withheld. At such time as a replacement Letter of Credit (or Other Security) is delivered to Lessor hereunder, the Letter of Credit or Other Security which is being replaced shall be returned to Lessee. (c) Commencing with June 15, 2006 and on or before June 15 of each Lease Year during the balance of the Initial Term hereof and for the First Extension and the Second Extension, Lessee shall deliver a Letter of Credit or Other Security as security for the performance of Lessee's obligations RBCWB111Q729.WPD112-13-99 -11 _. hereunder in the aggregate amount of (a) the Base Rent Amount, as hereinafter defined, plus (b) the Percentage Rental Amount, as hereinafter defined. (d) The term "Base Rent Amount" shall mean the following: (i) For Lease Years eleven (11) through twenty (20) shall mean an amount equal to the sum of $50,000.00; (11) For Lease Years twenty-one (21) through thirty (30) shall mean an amount equal to the sum of $100,000.00; (11i) For Lease Years thirty-one (31) through thirty-five (35) shall mean an amount equal the sum of $200,000.00; and (iv) For Lease Years thirty-six (36) through forty (40) shall mean an amount the sum of $250,000.00. (e) The term "Percentage Rental Amount" shall mean the following: (i) For Lease Years eleven (11) through twenty (20) shall mean an amount equal to eight percent (8 %) of gross receipts in excess of $1,750,000.00 for the previous calendar year; and (ii) For Lease Years twenty-one (21) through forty (40) shall mean an amount equal to ten percent (10%) of gross receipts in excess of $2,000,000.00 for the previous calendar year. (f) Should the required Letter of Credit or Other Security as provided herein not be delivered to Lessor by Tune 15 of any Lease year, Lessor, without giving Lessee or any other entity any prior notice, shall be entitled to present the then current Letter of Credit or Other Security for payment, the proceeds of which may be retained by Lessee until such time as Lessor shall provide the required replacement Letter of Credit or Other Security, or applied to any amounts which might be owed by Lessee to Lessor. Upon delivery of the replacement Letter of Credit or Other Security, Lessor shall return the proceeds from the Letter of Credit or Other Security being replaced to Lessee or Lessee's designee, less any amounts retained by Lessor which have been applied to monies owed by Lessee to Lessor. (g) In the event of the occurrence of any monetary Event of Default under Section 14 of the Lease, after notice and passage of time for applicable cure periods, Lessor shall have the right to present the then current Letter of Credit or Other Security for payment, the proceeds of which shall be RB CwB1110729MM 12-13-99 -5 - applied to any sum then owing by Lessee to Lessor. The application of the proceeds of such Letter of Credit or Other Security to any sums then owed by Lessee to Lessor shall not, however, cure Lessee's default. Lessee's monetary default shall continue until such time as Lessee has provided Lessor with (i) a replacement Letter of Credit or Other Security in the amount then required by this Lease, in which event the partially drawn Letter of Credit which is being replaced shall be returned to Lessee, or (ii) an additional Letter of Credit or Other Security in an amount equal to the amount drawn by Lessor against the Letter of Credit or Other Security which Lessor then holds. If this Other Security consists of a certificate of deposit ("CD"), such shall be issued by Bank of America or another national bank having a branch in Charlotte, North Carolina ("Bank") in the amount then required hereunder. The CD shall be issued on behalf of Lessee or its member, for the account of "Mecklenburg County, North Carolina". Lessor shall have the sole signatory authority for the CD, which shall require the signature of any two of the following County officials: Clerk to the Board, Director of Finance, County Manager, County Attorney. The CD shall be for a 30-day term and shall renew automatically if not presented for payment by Lessor at any maturity date. Interest earned on the CD shall be paid directly to Lessee. At such time as Lessor receives replacement Other Security or Letter of Credit for the CD, Lessor shall instruct the issuing Bank to close the account and return the funds represented thereby to Lessee. 7. The Lease shall remain in full force and effect according to its terms except as otherwise modified herein. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day and year first above written. (SEAL) ATTEST: `- By: C141 to the Board APPROVED AS TO FORM: County Attorney LESSOR: IVIECKLENBURG COUNTY, NORTH CAROLINA Tlx: County M RBC WB1110729. WPD112-10-99 -6- LESSEE. TRA,DI' ON GOLF CLUB LLC, a Delaware firnired liability company By, M Golf Management, L.P. , a Delaware limited partershiP, its manager By: ColfMark Corporation, a Delawa1e Carporation, its general paruwr p -7- RBCwBiI 10729. W?Tn112,9-99 Jemmy N4\.plverstua President EXHIBIT A Legal Description - The Tradition TRACT 1: 029-711-01 Being in Mallard Creek Township, Mecklenburg County, North Carolina, and lying on the west side of Mallard Creek Road, and the east side of Prosperity Church Road, and being the property conveyed to Mecklenburg County (Deed Book 7836 at Page 982), and being more particularly described as follows: Conunencing at "GPS3" (Concord Engineering & Surveying, Inc. GPS control monument) having North Carolina NAD 83 grid coordinates of N=587357.07 feet and E=1475836.42 feet; thence a grid course of S 79044'43" W and a ground distance of 304.22 feet (CGF 0.99984275) to a point in the centerline of Mallard Creek Road, the POINT OF BEGINNING; thence from said beginning point with the centerline of Mallard Creek Road the following two courses and distances: 1) with the are of a circular curve to the left having a radius of 829.44 feet, an arc length of 216.73 feet, a chord bearing of S 11'19'28" W, and a chord length of 216.12 feet to a point; and 2) S 0312854" W 329.93 feet to a point; thence leaving said centerline and following the line of Edith C. Lumpkin, Willie Lee Lumpkin, III, and James Parker Lumpkin, Jr. (Deed Book 3528 at Page 577) the following six courses and distances: 1) N 84142'21" W (passing an existing #5 rebar on line at 50.38 feet) a total distance of 940.97 feet to a set #5 rebar; 2) S 33°16'49" W 739.97 feet to an existing #4 rebar; 3) S 37°5453" E 771.87 feet to a set #5 rebar; 4) S 43°27'03" W (passing an existing #4 rebar 0.36 feet southeast of line at 65.79 feet) a total distance of 395.89 feet to an existing #5 rebar; 5) N 54"24'27" W 602.47 feet to an existing #4 rebar; and 6) S 38'58'13" W 613.12 feet to a set #5 rebar; said rebar being a corner of The Tradition at Mallard Creek Limited Partnership (Deed Book 9428 at Page 45); thence with the line of The Tradition at Mallard Creek Limited Partnership (Deed Book 9428 at Page 45) the following four courses and distances: 1) S 73°34'22" W 99.78 feet to an existing #4 rebar; 2) N 35'15'52" W 715.32 feet to an existing #5 rebar; 3) N 69°49'33" W 161.06 feet; and 4) S 66'16'35" W 512.17 feet to an existing %2" pipe; said pipe being a corner of The Tradition at Mallard Creek Limited Partnership (Deed Book 9428 at Page 45), and the northeastern corner of Donald R. Bonds and wife, Ruth Rosemond Bonds (Deed Book 2595 at Page 134); thence with the northern line of Donald R. Bonds and wife, Ruth Rosemond Bonds (Deed Book 2595 at Page 134) the following two courses and distances: 1) S 76°41'37" W 360.16 feet to an existing #5 rebar; and 2) S 76°40'21" W (passing an existing bent %2" pipe on line at 602.82 feet, and an existing iron on line at 605.70 feet) a total distance of 625.89 feet to a point in the centerline of Prosperity Church Road; thence with the centerline of Prosperity Church Road N 23°20' 14" W 208.01 feet to a point; thence leaving said centerline and following the property of Cephus M. Smith, Jr. and wife, Mary M. Smith (Deed Book 3963 at Page 352 and Deed Book 4607 at Page 359) the following three courses and distances: 1) N 76°41'35" E (passing an existing bent 1" pipe on line at 28.49 feet) a total distance of 625.99 feet to an existing 1" pipe; 2) N 23013'32" W 238.14 feet to an existing 2" pipe; and 3) S 76°44'40" W (passing an existing 1" pipe 0.53 feet south of line at 436.38 feet, and an existing bent #5 rebar on line at 597.39 feet) a total distance of 626.56 feet to a point in the centerline of Prosperity Church Road; thence with the centerline of Prosperity Church Road N23°20' 14" W 523.24 feet to a point in said centerline; thence leaving said centerline and following the southern lvie of University City Presbyterian Church (PCA) of Charlotte, North Carolina, Inc. (Deed Book 7729 at Page 189) N 66°36'14" E (passing a set#5 rebar on line at 30.00 feet, and an existing 2" pipe 0.74 feet north of line at 190.23 feet) a total distance of 648.14 feet to an existing %2" pipe; thence with the line of Mecklenburg County (Deed Book 7158 at Page 325) N 75°30'45" W 329.73 feet to a set /15 rebar; thence N 14°07'02" E 1174.75 feet to a point, said point being the southeast corner of Williams Consortium, Inc., now or formerly (Deed Book 3664 at Page 832); thence with the line of Williams Consortium, Inc., now or formerly (Deed Book 3664 at Page 832) N 14°07'02" E 334.06 feet to an existing 1-1/4" bolt, said bolt being a corner of Williams Consortium, Inc., now or formerly (Deed Book 3664 at Page 832), and the southwest corner of Christopher C. Raiford and wife, Barbara E. Raiford (Deed Book 9795 at Page 715); thence with the southern line of Christopher C. Raiford and wife, Barbara E. Raiford (Deed Book 9795 at Page 715) S 77'16'35" E 443.43 feet to an existing %" rebar; thence with the southern line of Alfred B. White and wife, Lessie M. White (Deed Book 6642 at Page 462), and the southern line of Ray Lewis Wilson (Deed Book 4887 at Page 251) S 77°11'58" E 1132.10 feet to a set #5 rebar; thence with the southern line of Ray Lewis Wilson (Deed Book 4887 at Page 251) S 75°55' 32" E 84,40 feet to an existing 1" bolt; thence with the southern line of Robert Weddington, Jr. and wife, Annie Lucille Weddington (Deed Book 1635 at Page 142) S 75°50'50" E 691.62 feet to an existing; 2" pipe with iron rod; thence with the southern line of Jimmy Osborn Sealey and wife, Barbara L. Sealey (Deed Book 8094 at Page 38) S 75'44'32" E (passing; an existing; 1" pipe on line at 282.92 feet) a total distance of 582.51 feet to a set 115 rebar; thence with the southern line of Mecklenburg County (Deed book 5472 at Page 619) S 77'21'47" E 344.16 feet to an existing 1" pipe; thence with the line of Mallard Creek Presbyterian Church, Inc. (Deed Book 3717 at Page 709) S 76°12'51" E 84.42 feet to the POINT OF BEGINNING containing 157.189 acres. TRACT 2: 029-351-63 Being in Mallard Creek Township, Mecklenburg County, North Carolina, and lying on the east side of Prosperity Church Road, and being the property conveyed to Mecklenburg County (Deed Book 7158 at Page 325), and being more particularly described as follows: Beginning at an existing'/" pipe, said pipe being the eastern corner Of Lot 18 (Map Book 22 at Page 915); thence from said POINT OF BEGINNING following the line of Larry C. Ferguson (Deed Book 5316 at Page 174) the following two courses and distances: 1) S 50°34'55" E 380.30 feet to an existing #4 rebar; and 2) N 04°02'32" E 134.37 feet to an existing #4 rebar; thence with the line of Woodrow Redfearn (Deed Book 8299 at Page 697) the following two courses and distances. 1) S 52°08'09" E 297.36 feet to an existing #4 rebar; and 2) S 61°09' 17" E 325.40 feet to an existing #4 rebar; thence S 1491'21" W 1172.60 feet to a set #5 rebar; thence with the line of Mecklenburg County (Deed book 7836 at Page 982) S 75°30'45" W 329.73 feet to an existing %2" pipe; thence with the eastern line of University City Presbyterian Church (PCA) of Charlotte, North Carolina, Inc. (Deed Book 7729 at Page 189) the following two courses and distances: 1) N 38°30'09" W 297.37 feet to an existing #3 rebar; and 2) N 38°21'55" W 333.33 feet to an existing 1" pipe; thence with the line of Ronald W. Williams and wife, Sandra S. Williams (Deed Book 3932 at Page 432) the following two courses and distances: 1) N 38°39'38" W 232.46 feet to an existing ''/2" pipe; and 2) S 78°37' 18" W (passing an existing #5 rebar on line at 413.98 feet, and an existing bent 1/4" pipe on line at 421.14 feet) a total distance of 447.60 feet to a point in the centerline of Prosperity Church Road; thence with the centerline of Prosperity Church Road the following two courses and distances: 1) with the arc of a circular curve to the left having a radius of 450.00 feet, an arc length of 104.91 feet, a chord bearing of N 45'56' 18" W, and a chord length of 104.67 feet to a point; and 2) N 52°37'03" W 447.30 feet to a point; thence leaving said centerline and following the line of Lots 291 28, 27, 26, 25, 24, 23, 19, the terminus of Katelyn Drive (50 foot Public right-of-way), and Lot 18 (all of Map Book 22 at Page 915) N 5891'01" E (passing an existing #5 rebar on line at 53.59 feet) a total distance of 1403.49 feet to the POINT OF BEGINNING containing 39.989 acres. C-\IJtldocsLSI1.VI:RSTGIN\C11A1tLOTTP, NORTH CAROLINAWRADITION GOLF COURSCILGGAL DL'SCRIPTION.doc k*1KI1001a to] ;4Y100:Z1]NI►V COUNTY OF MECKLENBURG SECOND AMENDMENT TO GROUND LEASE AGREEMENT THIS SECOND AMENDMENT TO GROUND LEASE AGREEMENT (this "Second Amendment"), dated as of March 15, 2021, is between MECKLENBURG COUNTY, a political subdivision of the State of North Carolina ("Lessor"), and TRADITION GOLF CLUB LLC, a Delaware limited liability company ("Lessee"). RECITALS: WHEREAS, on or about July 1, 1995, Lessor and Blythe, Blythe & Currie, a North Carolina general partnership ("Original Lessee"), as lessee, entered into that certain Ground Lease Agreement (the "Lease") relating to the lease of certain real property located in Mecklenburg County, North Carolina, being more particularly described on Exhibit "A" attached thereto and made a part thereof for all purposes (the "Premises"): and WHEREAS Romspen Tradition, LLC (Lessee Romspen) acquired all rights as Lessee through foreclosure obtaining the leasehold interest on April 8, 2014. WHEREAS, Lessee is the successor in interest in and to the Original Lessee's leasehold estate (the "Leasehold Estate") under the Lease: and WHEREAS, Lessor and lessee desire to amend the Lease in the manner hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 4 of the Lease is hereby amended to read as follows: Construction of Improvements G. A Capital Improvement Project List shall be prepared by the Lessee and approved by the Lessor. All appropriation of Capital Reserve Funds will require approval of the Board of County Commissioners. The Lessee shall indicate the description of each recommended improvement project, three (3) formal quotes of the estimated improvement costs, if required, and the time frame for commencement and completion of each improvement project. In order to ensure the Lessee's participation in a Capital Improvement Project Program, the Lessor will deposit a minimum of twenty percent (20%) of the total monthly rent payment in a Capital Reserve Fund. The approved expenditures of monies so deposited and the interest earned thereon, if any, shall be based on Lessor's and Lessee's approved Capital Improvement Project Plan. Prior to commencement of construction, the Lessee shall obtain the Lessor's written approval of all plans, specifications and construction cost estimates for the improvements to be constructed upon the Premises. No modifications of said plans, specifications, or improvements, including landscaping, shall be made by the Lessee without written approval by the Lessor. The Lessee agrees that the Lessor may have on the site at any time during the construction improvement period Inspector(s), who shall have the right of access to the Premises and the construction work. The parties agree that any delay in the construction of Capital Improvements due to an act of God or other event beyond the control of the Lessee shall extend the time in which said construction must be completed by the length of time of such delay. The parties agree that any approved Capital Improvement Projects that require golf course operations to be suspended with in the Premises outlined in the Ground Lease Agreement, then the payments to be made by the Lessee shall be abated during that time based on a percentage reduction in the annualized rent payment based on the actual months that the course is closed, per the schedule attached, EXHIBIT A. The percentage of revenue for each month closed will be multiplied against the annualized rent. The amount will be deducted from the annual rent, and the remaining balance will be paid in equal monthly amounts over the remaining portion of the year that the course is open. The monies deposited and accumulated in the Capital Reserve Fund shall at all times be administered by the Lessor as trustee. At the termination of this Ground Lease Agreement, all unexpended funds shall be retained by the Lessor. It is expressly understood by the Lessor and the Lessee that any and all distribution from said fund shall be used exclusively for Capital Improvement Projects within the Premises outlined in the Ground Lease Agreement. It is further understood that the sole source of funds for capital improvement projects shall be the Capital Reserve Fund. Neither the Lessor nor the Lessee shall be required to pay for any capital improvement projects except from proceeds of said fund unless otherwise mutually agreed upon by the parties. Upon review by consultation with Lessor's Risk Manager, the Lessee, at its sole expense, shall provide such insurance coverage as the Lessor deems appropriate for contemplated construction projects under this section. 2. Section 26. C of the Lease is hereby amended to read as follows: "Capital Reserve Fund": A fund established for maintenance, repair or replacement of existing County facilities or renovation. In WITNESS WHEREOF, the parties have duly executed this Contract as of the date first above written. LESSEE: USER Signature ATTEST: we�_' W� c,e&ti� (N/A for Sole Proprietor) Romspen Tradition LLC by its sole Member Romspen Club Holdings Inc. USER Print Name 162 Cuberland Street #300 Address Toronto ON Canada M5R 31\15 City, State, Zip Code MECKLENBURG COUNTY: County Manager/Assistant County Manager ATTEST: Clerk to the Board of County Commissioners This instrument has been pre -audited in the manner APPROVED AS TO FORM: Required by the Local Government Budget and Fiscal Control Act. Finance Director No Pre -Audit Required. Finance Director County Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Director, Charlotte -Mecklenburg Division of Insurance Risk Management Division Manager/Director, Park & Recreation Department a') La -a_ g�"-Z� Director/Dep y Director, Park & Recreation Department TRADITION GOLF CLUB RECLAIMED WATER IRRIGATION SYSTEM SPILL RESPONSE PLAN The Tradition Golf Club operates an irrigation system that is supplied with reclaimed water from Charlotte Water to irrigate the course fairways, greens, and driving range. A spill of reclaimed water could occur under a number of scenarios, such as a buried pipe break, or broken sprinkler head. Table 1 below lists the steps to take when an observer notices a possible leak and reports it to the Club staff. Table 1 — Reclaimed Water Leak or Spill on Tradition Golf Course Property Response Plan Step Action Responsible Party 1 Notify Course Superintendent of spill and location. Discoverer of Spill 2 Notify Facilities Manager. Course Superintendent 3 Locate spill and source. Course Superintendent 4 Determine if source of spill may be isolated using valves without powering Course down the RCW pump station supplying the site. Superintendent Isolate leaking section with isolation valves and contain leaked liquid if Course 5 practical. Collect as much as practical for disposal into portable containers, Superintendent or tanker truck. 6 If isolation of spill source is not possible with valves, power down the RCW Course pump station to reduce system pressure and reduce/eliminate flow. Superintendent 7 Assess the volume of reclaimed water released and note if any spilled Facilities reclaimed water has reached surface waters. Manager If estimated RCW volume released exceeds 5,000 gallons, or if any amount Facilities 8 reaches a surface water, notify the NCDEQ Mooresville Regional Office (tel. Manager 704.663.1699) withing 24 hours of discovery of the release. 9 Notify Charlotte Water (reclaimed water supplier) of the spill and that service Facilities will either be temporarily halted or reduced. Manager 10 Make necessary repairs to piping system to eliminate the source of the spill. Course Superintendent 11 Once repair has been completed open isolation valves Course Superintendent 12 If the pump station was powered down, start pump station back up to resume Course normal operation. Superintendent 13 Observe repaired area once it has been repressurized to confirm the repair Course was successful. Superintendent 14 If land erosion occurred due to the spill, stabilize the eroded area as required Course (e.g., reseeding, rolled erosion control matting, rip rap, etc.). Superintendent 15 Within 5 days following first knowledge of the release, file a written report and Facilities submit to the NCDEQ Mooresville Regional Office Manager Table 2 — Contact list Roll Name Contact Facilities Preston Buckman Phone: (980) 722-2295 Manager Email: preston.buckman@mecklenburgcountync.gov Course Erick Ramirez Phone: (704) 200-4852 Superintendent Email: eramirez@thetraditiongoldclub.com Reclaimed Water Henry Eudy Phone: (980) 214 — 5977 Supplier Email: henry.eudy aacharlottenc.gov Phone (normal business hours): (704) 663 — 1699 NCDEQ DWR Mooresville Regional Phone (after hours): (800) 662 — 7956 Office Phone (after hours): (800 858 — 0368 Phone (after hours): (919) 733 - 3300 2