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
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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�
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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°�
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O
Poik antl 2467
Wh,e D
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'b C
-. - ..
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e
v � �
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ehq �� ----4 �'�•♦ l
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Church ; (,nl'C.li l) ,
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ae eas<.,tle Drive \., w l•�'` l ,, �,. ',� ' Q
Ro
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Winchester
O,
Arm`a�
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bqa°9hh e�°i.
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ah —
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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
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a
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001102019
$40,
Ss$ -44
qhf
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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
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—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
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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.
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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.
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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.
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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