NC0083275_Permit Modification_20080123

D�O� v"� t C9oG Michael F. Earley, Governor
0 r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources
p Y Coleen H. Sullins. Director
Division of Water Quality
January 23, 2008
SCOTT D HOYLE
PUBLIC WORKS DIRECTOR
TOWN OF FOREST CITY
PO BOX 728
FOREST CITY NC 28043
Subject: NPDES Permit Modification- Ownership Change
Harris Plant on NC SR 1111
Town of Forest City
Former Owner-DRG Harris LLC
Certificate of Coverage NCO083275
Rutherford County
Dear Mr. Hoyle:
Division personnel have reviewed and approved your request for ownership change of the subject certificate of
coverage received on January 14, 2008. This permit modification documents the change of ownership of the above
reference facility. At this time, we would also like to remind you that this permit renewal is due February 2, 2008.
Upon renewal of the permit, since the plant no longer serves a Textile Facility, the permit limits will be modified to
reflect municipal wastewater.
Please find enclosed the revised certificate of coverage. All other terms and conditions contained in the original
certificate remain unchanged and in full effect. This modification is issued under the requirements of North Carolina
General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
733-5083, extension 350.
Sincerely,
Laurie Singleton
NCDENR Point Source Branch
cc: Central Files
Asheville Regional Office, Surface Water Protection
Fran McPherson, NCDENR, DWQ, Budget (letter only)
NPDES Unit File NCO083275 N�am�`1,Carolina
dvatura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Intemet h2o.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/At innative Aclion Employer —50% Recyded110°h Post Consumer Paper

Permit NCO083275
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Forest City
is hereby authorized to discharge wastewater from a facility located at the
Harris Plant
on NCSR 1111
south of Rutherfordton
Rutherford County
to receiving waters designated as Broad River in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, II, III and IV hereof.
This permit shall become effective January 23, 2008.
This permit and authorization to discharge shall expire at midnight on July 31, 2008.
Signed this day January 23, 2008.
F'0(--'Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NCO083275
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Town of Forest City
is hereby authorized to:
1. Continue to operate an existing 0.91 MGD wastewater treatment facility consisting of
• three static bar screens
• equalization/neutralization basin
• dual aeration basins with fine bubble diffusers
• two final clarifiers
• Parshall flume effluent meter
• sludge digester
• sludge holding tank
• standby generator
and located at the Harris Facility on NCSR 1111, south of Rutherfordton, Rutherford
County; and
2. Discharge wastewater from said treatment works at the location specified on the
attached map into the Broad River which is classified C waters in the Broad River
Basin.

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Town of Forest City
Slate Grid/Ouad: Fingerville/GIINW Latitude: 35' 12'23"N
FacIIIIY I,Oe'J 11011
not to scale
Lnneitudc: 81' 53' 15" W
NPDES Permit No. NCO083275
Receiving Stream: Broad River Drainaee Basin: Broad River
Stream CLlss: C Sub -Basin: 03-08-02
North
1V II
Rutherford County

Permit NCO083275
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored
by the Permittee as specified below:
_ �EFFLUENT' �
ARACTERISTICS
r
_
54 t Limits . , _
xMonitoring Requirements � < NtF:
-Monthly
Average
_
Daily
`Maximum
Measurenieat
` Fregnency
-Sample Type3ample
Flow
0.91
Continuous
Recording
I or E
BOD, 5-day (20°C)
1401bs/day
272 lbs/day
Weekly
Composite
E
COD
2219lbs/day
34401bs/day
Weekly
Composite
E
Total Suspended Residue
322 lbs/day
726 lbs/day
Weekly
Composite
E
Sulfide
7.0lbs/day
8.21bs/day
Weekly
Grab
E
Phenols
3.5lbs/day
8.21bs/day
Weekly
Grab
E
Total Chromium
3.5 lbs/day
8.21bs/day
Weekly
Composite
E
Oil and Grease
30.0 mg/L
60 mg/L
Weekly
Grab
E
Temperature
Weekly
Grab
E
pH2
3/Week
Grab
E
Total Nitrogen
Semi -Annually
Composite
E
Total Phosphorus
Semi -Annually
Composite
E
Conductivity
Monthly
Composite
E
Total Copper
Quarterly
Composite
E
Total Zinc
Quarterly
Composite
E
Color3 (April -October)
Monthly
Composite
E
Color3 (April -October)
Monthly
Grab
U,D
Chronic Toxicity4
Quarterly
Composite
E
Notes:
1. Sample Locations: E- Effluent, I- Influent, U-Upstream 100 feet upstream of discharge, D-Downstream
500 yards below discharge.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
3. Refer to Special Condition A.(3.)
4. Chronic toxicity (Cerk0aphnia) P/F at 0.75 %; March, June, September and December. See Special
Condition A. (2.)
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NCO083275
A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QRTRIM
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 0.75 %.
The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined in
the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -February 1998) or subsequent versions. The tests will be performed during the months of
March, June, September and December. Effluent sampling for this testing shall be performed at the
NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below
the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the
two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised -February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR 1) for the months in which tests were performed, using the parameter
code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3
(original) is to be sent to the following address:
Attention: NC DENR / DWQ / Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AM test
form indicating the facility name, permit number, pipe number, county, and the month/year of the
report with the notation of "No Flow" in the comment area of the form. The report shall be submitted
to the Environmental Sciences Branch at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later
than the last day of the month following the month of the initial monitoring.

Permit NCO083275
A. (3.) COLOR MONITORING
The permittee shall monitor color on a monthly basis during the summer season (April -October) .
Monitoring will include effluent and instream sampling for ADMI color at natural pH. Effluent samples
shall consist of 24-hour composites, while stream samples shall be collected as grab.
If data shows that water quality standards for color are being violated by the discharge permitted by
the terms of this permit, then the Director may reopen this permit for the purpose of imposing a
requirement to perform a color reduction study pursuant to 15 A NCAC 2H. 0114.

TEXTILE MACHINERY
NEW AND PRE -OWNED APPRAISALS AND LIQUIDATIONS NOW
Gibbs Intemadnnal, Inc.
P.O. Box 1727, Spartanburg, South Carolina 29304 U.S.A.
Tel.,8641439-8752 Fax:[phone]
e-mO:[e-mail]
website: www.Gibbsintemational.com
January 11, 2008
NC Department of Environmental and Natural Resources
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, NC 27699
RE: Ownership Change Permit NCO083275
Good Morning:
,ail (�..la...
JAN 14
� 2008 ,
OF1M • P/n- T- ca
ACT}'
Attached, please find an Ownership Change Form covering the transfer of Permit NCO083275 from
DRG Harris LLC to the Town of Forest City. Included with the Ownership Change Form is the
requisite legal documentation substantiating the transfer of ownership to the Town of Forest City.
Thank you.
For DRG Harris LLC
Regards,
GIBBS INTERNATIONAL, INC.
John --II? Gieser
Vice President
Mergers, Acquisitions and Real Estate
Spartanburg, South Carolina / USA
Email: ieieserna.eibbsinternational.com
Web:
www.Gibbsinternational.com
Fax:
1 864 439 7544
Tel:
1 864 439 8752
Cell:
1 864 415 0186
Cc: Scott Hoyle — Town of Forest City
Max Justice — Parker Poe Adams & Bernstein
Germany - Pierre Kuehnel - COMP. GIBBS INTERNATIONAL, INC. USA
Phone: [phone] Fax: [phone] Mobile: [phone]
E-mail: [e-mail] Website www.Gibbslnternational.com

Michael F. Easley, Governor
11;
William G. Ross Jr.. Secretary
No aroliha Department of Environment and Natural Resources
JAN 1 4 2008 Gt Y Alen W. Klimek, P.E. Director
- Division of Water Quality
SURFACE WAE`2jPRQTECTION
PERMIT NAME/OWNERSHIP
SECTION
CHANGE FORM
I. Please enter the permit number for which the change is requested.
NPDES Permit
(or) Certificate of Coverage
N C 0 0 8 3 2 7 5
INICIGI
II. Permit status prior to status change.
a. Permit issued to (company name):
DRG Harris LLC
b. Person legally responsible for permit:
John H. Giese r
First / MI / Last
Secretary
` Title
9855 Warren H. Abernathy Highway
Permit Holder Mailing Address
Spartanburg, SC 29301
City State Zip
[phone] [phone]
Phone Fax
c. Facility name (discharge):
Harris Plant formerly Dan River Inc.
d. Facility address:
NCSR 1111 South Of Rutherfordton, NC
Rutherford County State Of NC
City State Zip
e. Facility contact person: John H. Gieser [phone]
First / MI / Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: W Change in ownership of the facility
❑ Name change of the facility or owner
If other please explain:
b. Permit issued to (company name):
c. Person legally responsible for permit:
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
Phone E-mail Address
Revised 7/2005

PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
IV. Permit contact information: (if different from the person legally responsible for the permit)
Permit contact:
First / MI / Last
Title
Mailing Address
City State Zip
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior to
this ownership or name change?
O Y
;O'No (please explain)
VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE
INCOMPLETE OR MISSING:
O This completed application is required for both name change and/or ownership change requests.
O Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill
of sale) is re uired for an ownership change request. Articles of incorporation are not sufficient for
an ownership change.
........................................................................ 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 9 .. •
The certifications below must be completed and signed by both the permit holder prior to the change, and the new
applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification
is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
1, John H . G i. e s e r ' attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this application are not completed and that if all required supporting information is not included, this
application package will be returned as incomplete.
Signature
CERTIFICATION:
I, � ev �/�� , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required
parts of this applicario o ted and that if all required supporting information is not included, this
application pac w' eturne o lete.
Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Quality
Surface Water Protection Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Revised 7/2005

Dec 27 07 05:29p HRMRICK BOWEN
(8281287-9101 p.2
L5 1
i I� r
.1 JAN 14 2008
OF':R • wTr ,
FILED IN91, Y�o
Nd 9 �°�wCaat"ir9.�eA3- @el 2cye I-qc
alas
Excite Tax .00 Recordin Time Roolt and Pa e
Tax Lot No .......................... ................Parcel Identifier No............................
.....::......................................
Verified by.........................................County on the ...................day of ........... ........... ..................
....... 2007
Mail after recording to ..... David A. Lloyd........................................................................................
..........................................................................................................
This instrument was prepared by ......David A. Lloyd ...............................................
Brief description fin the Index
--NGRTKCAROLM NON-W)RRANT-Y DEED --
THIS DEED made this ...1711�:,,,, day of December, 2007, by and between
GRANTOR
DRG HARRIS, LLC
P.O. Box 1727
Spartanburg; South Carolina 29304
GRANTEE
TOWN OF FOREST CITY
P.O. Box 728
Forest City, North Carolina 28043
Enter in appropriate ')lock for each oartv: name. adil m". and. if annrnnrfarn rhnrarrPr..f unf;e, . ,.

ve. 4wr� vi.au uaiv► V t Ltl V,ll, v ._ _.
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as requLred by context.
WtTNESSETH, that the Grantor, as a gift to the Grantee, the receipt of which is hereby acknowledged, has
and by these present, does grant, bargain, sell and convey unto the Grantee in fee simple subject to the
Charitable Contribution and AS IS provisions on Exhibit B, alI that certain lot or parcel of land_ situated in
the Town of ......................................... SuIphur Springs Township
•••- owws:s:•
foll.......... RUTHBUtORD .................County, North Carolina and more particularly described as
SEE M4 11BZT A (the "Property")
CLT 1 U95432v6

• Dec 27 07 05:30p HRMRICK BOWEM
[phone] p.3
The property ht-reinabove described was acquired by Grantor by instrument recorded in
map showing the above described property is recorded in Plat Book 28, pages 348-349
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple subject to the Charitable Contribution Slid AS IS Provisions on
Exhibit B.
The Grantor maltes no warranty, express or implied, as to title to the property hereinabove
described.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, ot- if corporate, has
caused this instrument to be signed in Its corporate name by its duly authorized officer, the day and
year first above written.
DRG HA►RRIS, LI.0
(SEAL)
B, ohn H. Gi :ser —�(S " L)
Se etary
---- (SEAL)
(SEAL)
SP_�lR'Ppd�ig�itG-GOUnI'I'Y. - - - --------- - — ---- -
I, J. Brian Honeycutt, a Notary Public of the County and State aforesaid, certify that John H. Gieser
personalty came heft ire me this day and acknowledged that he (or she) is Secretary, of DRG HARRTS,
LLC, a South CaroI;na limited liability company, and that he/she as Secretary, being authorized to do so,
executed the foregoi ig on behalf oft he limited liability company.
- Witness-m-y-hand-an,!-official-stamp or -seal; this-2-l;` day vf-December, U07- ---- - - - -
MY GO AMISSION EXPIRES MARY21,?.�OS
My commission exp res:
Signaturfbtao
ry
The foregoing Certif lcate(s) of
This instrument and Ehis certificate are duly registered atth ddate and time a d8re in thetBfl d to be correct.
on the first page hemof. ok and Page shown
REGISTER OF DEEDS FOR RUTHERFORD COUNTY
By Deputy/Assistant-Register of Deeds.

Dec 27 07 05:30p HRMRICK BOWEN
[phone]
I
JAN 1 4 200 8 L.._.
ALL THAT CERT ION PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN
SULPHUR SPRINGS TOWNSHIP, RUTHERFORD COUNTY, STATE OF NORTH CAROLINA,
AND BEING SHOWN AS TRACT "D" AND CONTAINING 14.460 ACRES ACCORDING TO A
SUBDIVISION PLAT FOR DRG HARRIS, LLC. RECORDED IN MAP BOOK 28, PAGES 348 AND
349 OF THE RUTHERFORD COUNTY PUBLIC REGISTRY, AND DESCRIBED BY METES AND
BOUNDS AS FOLI OWS;
COMMENCING AT IRON PIN LOCATED AT OR NEAR THE CENTER LINE OF A ROAD, SAID
POINT BEING THE SOUTHERNMOST POINT OF THE 70.157 ACRE TRACT IDENTIFIED AS
TRACT "B" ON 7 HE PLAT RECORDED IN MAP BOOK 28, PAGES 348 AND 349 OF THE
RUTHERFORD COUNTY PUBLIC REGISTRY, THENCE RUNNING WITH THE LINE OF TRACT
"C" ON SAID PLAT S 00-0040 E 563.18 FEET TO AN IRON PIN, THENCE TURNING AND
CONTINUING W17 H THE LINE OF SAID TRACT "C" S 89-54-17 W 947.45 FEET TO A POINT IN
THE CENTER LINJI OF THE BROAD RIVER, CROSSING AN IRON PIN AT 851 FEET, THENCE
TURNING AND RL NNING WITH THE CENTER LINE OF THE BROAD RIVERN 03-38-13 E 67.15
FEET TO A POINT: N 01-06-05 W 265.86 FEET TO A POINT, AND N 30-05-42 W 66.97 FEET TO A
POINT, THENCE 7 URNING AND LEAVING THE CENTER LINE OF THE BROAD RIVER N 82-
10-17 E 333.40 FEET, CROSSING AN IRON PIN AT 83.41 FEET, THENCE TURNING AND
RUNNING N 15-11-51 W 324.28 FEET TO AN IRON PIN, THENCE TURNING AND RUNNING N
86-00-32 E 518.29 FEET TO AN IRON PIN AT OR NEAR THE CENTER LINE OF A ROAD,
THENCE TURNING AND RUNNING WITH THE CENTER LINE OF THE ROAD N 86-00-32 E
86.88 FEET TO AN IRON PIN, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 56.78
FEET AND A CHORD BEARING AND DISTANCE OF S 49-40-35 E 72.74 FEET AN ARC LENGTH
OF 78.95 FEET TO A POINT, S 12-59-36 E 68.67 FEET TO A POINT, ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 205.53 FEET AND A CHORD BEARING AND DISTANCE OF S 27-24-
19 E 82.52 FEET AN ARC LENGTH OF 83,08 FEET TO A POINT, AND S 34-41-15 E 47.24. FEET
TO THE POINT AND PLACE OF BEGINNING.
TOGETHER WI77[ all of Grantor's right, title, and in-te� in and to that certain CewerLWastewafer
_81asemeut conveyed to Grantor by Chapman Sod, LLC by instrument-racorde�ic� Deed-Book-92u Page -
158 of the Rutherford County Public Registry, which easement is hereby assigned to Grantee by Grantor
in accordance with its terms.
GRANTOR EXPRESSLY RESERVES unto itself, its successors, assigns and grantees, a non-exclusive
easement appurtenam to and running with Grantor's and its successors', assigns' and grantees' contiguous
land for pedestrian and vehicular ingress, egress, regress, access and the installation, maintenance,
construction and rep,dr of utilities within the portion of the Access Easement conveyed to Grantee_by-___
Gmitor by instrument recorded in Deed Book $p Page 4(r� of the Rutherford County Public
Registry, which is acl rally located on the above -described 14.460 acre tract.
CLT 1095432v6

Dec 27 07 05:30p
HAMRICK BOWEN
[phone] p.s
EXHIBIT B
to ---
Deed from DRG Harris, LLC
to Town of Forest City
(1) Grantee, bj acceptance of this deed, represents and warrants that it is exempt from U.S.
federal income taxation pursuant to the Internal Revenue Code of 1986, as amended, and
that Grantor shall be entitled to a deduction from Grantor's U.S. federal income taxation
for a charitable contribution in an amount determined under applicable provisions of U.S.
Tax Law (`Charitable Contribution"). Grantee shall cooperate with Grantor to the extent
reasonably requested by ' Grantor relating to the Charitable Contribution for Grantor
including without limitation, executing and/or filing_ all applicable tax forms and/or
returns (uicluding, but not Iimited to, IRS Form 8283), which shall be completed by
Grantor except for the section that requires Grantee's signature and executing all other
documents reasonably requested -by Grantor. Any tax returns or foam executed or signed
by Grantee shall be signed by an official authorized to sign Grantee's U.S. tax or
information returns. If Grantee decides to dispose, transfer, sell, exchange or otherwise
convey any part of the Property within three (3) years from the recording of this deed,
Grantee shall provide Grantor written notice at least ten (10) days prior to the closing of
such transaction and -Grantee shall timely make all applicable tax filings, including,
without limlitation, filing IRS Form 8282 and provide a copy of such filings to Grantor.
(2) The convey ante of the Property to Grantee shall be AS IS, WHERE IS, WITH ALL
FAULTS, ,AND GRANTOR. HEREBY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES AS TO THE PROPERTY, EXPRESS AND IMPLIED, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICUI AR PURPOSE.
CLT 1095432v6

Dec 27 07 05:31p
Drawn by/Mail to:
HAMRICK HOWEN
(B26)287-3101
JAN 1 4 2008
_WATER 0u.41J XIL,En t T1 -
F HD
rC�,9 C6;?.F'L 7,''Ya l !e.Y415 6k� t4C
David A. Lloyd, Esquire r„ ,§ �'y� _95D
153 West Court Street ;�
Rutherfordton, NO 28139 adz�F�
STATE OF OF NORTH CAROLINA
COUNTY OF RUT14ERFORD
THIS AGREEMENT is entered into this 2at day of December, 2007 by and between
the Town of Forest City, a North Carolina municipal corporation (the 'Town"), and DRG Harris,
LLC, a South Carolina limited liability company ("DRG").
WHEREAS the Town has acquired from DRG by deed recorded in Deed Book g5-0 ,
Paged of the Rutherford County Public Registry a certain tract of real property known as
the "Harris Wastewater Treatment Plant Site" and further described on Exhibit A hereto (the
"Site");
AND WHEREAS DRG conveyed the Site to the Town as a donation, without any
monetary consideration or other payment to DRG by the Town, and in exchange the Town has
agreed to certain post -conveyance terms concerning the future use of the Site;
NOW, THEREFORE, for and in consideration of the donation and conveyance of the
Site to the Town by DRG, and other good and valuable consideration, the receipt and
sufficiency of whicf are hereby acknowledged, the parties hereby covenant and agree as
follows:
_ —_ _ ..... _1._ ___The Townwill,aLits-expense,as-soonaspossibleafter.the-date-of-this---
Agreement and in any everit within nm`eiy (90) days hereof, -provide for -independent utility- -
service to the Site, together with related metering, and will reimburse DRG for any utility
charges incurred by DRG for service to the Site after the date hereof.
2. If and when the Town's wastewater treatment facility on the Site (the "Facility") is
brought online and becomes fully operational, the Town will, upon written request, provide
wastewater treatment services (for industrial process water and sanitary sewer and other
effluent the Town might accept in the future under its operating rocedures)_(collectively
"Wash water Servi c ) at the then -current rates it charges to its other customers for
Wastewater Services from its other wastewater treatment facilities (the "Price") to the existing
building/facility known as the "Dan River Harris Plant" that is located on the remaining DRG
lands described and/or depicted on Exhibit B hereto (the "Plant"). If (a) the Plant has
wastewater treatment needs before the Town begins operation of the Facility, or (b) at any time
during which the Facility is not fully operational, or the wastewater treatment needs of the Plant
are not of a sufficient volume to make it economically feasible for the Town to operate the
Facility just to meet the Plant's needs, then the Town will provide such Wastewater Services to
the Plant by some other means at the Price.
CLT 1094494v5
p.6

Dec 27 07 05:31P HAMRICK HOWEN
(929) 2a7--9101 p- 7
3. If the Plant's and all other third party users' combined wastewater treatment
needs cause the Facility to exceed Its current one million gallons per day capacity (such amount
above the capacity the "Excess Wastewater Services--), the Town will estimate the capital
costs and other reasonable costs to provide such Excess Wastewater Services. Thereafter, the
Town will (x) immediately begin the process of seeking, and will diligently pursue from the
appropriate governing body, an increase in the then existing permitted capacities of the Facility
as necessary to meet the request for the Excess Wastewater Services, and (y) upon obtaining'.
the necessary permits and approvals, the Town will undertake the expansion or upgrade of the
Facility, if expansion or upgrade is required to enable the Town to provide the Excess
Wastewater Services. Ail capital expenditures required for said expansion or upgrade will be
incorporated into the Town's rate making guidelines used to determine the rates charged to the
Plant and all other users of the Wastewater Services using interest and amortization rates and
schedules reasonably determined by the Town and based on industry standards.
Notwithstanding the foregoing, the Town will reserve, out of the current '1,000,000 gallon per
day capacity of the Plant, 500,000 gallons of per day of Wastewater Services capacity in the
Facility for use by the Plant (under its current ownership or any future ownership) for a period of,
five years after the date of this Agreement.
4. The town will allow DRG ninety (90) days from the date of the conveyance of the
Site in which to rerrove the textile equipment and other personal property (collectively,
"Equipment") currently stored In the metal storage building located near the northern boundary
of the Site. Provided, however, that nothing herein shall obligate the Town to maintain or
otherwise protect the contents of the storage building, and the Town accepts no responsibility
for the condition of :he Equipment at the time of its removal by DRG. If the Equipment is not
removed in such ninety (90) day period, the Equipment shall be deemed abandoned and DRG
shall have no further obligations with respect to the Equipment.
IN WITNESS WHEREOF the parties have executed this Agreement as of the day first
above written.
Signature and Notary AcknoWIe dgmenf Pages Attached
CLT 10944906 2

Dec 27 07 05:31p
HRMRICK BOWEN
[phone]
p.8
ATTEST:
7
Town Clerk
[Town Seal]
STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD
THE TOWN OF FOREST CITY
By:
ayor
11 the undersigned Notary Public of the State and County aforesaid, certify that Sandra
P. Mayse personally came before me this day and acknowledged that she is the Clerk of the
Town of Forest Cib/, a municipal corporation organized under the laws of the state of North
Carolina, and that, by authority duly given and as the act of the Town, the foregoing instrument
was signed in its name by its Mayor and sealed with Its seal and attested by her as its Clerk.
Witness my hand and notarial seal this .41 day of December, 2007.
Notary Public
My commission expires.•.�•0
3
CLT 1094494v5

Dec 27 07 05:32p HAMRICK BOWEN
18281287-9101 p.9
STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
DRG HARRIS LLC, a South Carolina limited liability
company
t
B AX
N e: fin H. Gieser
Title: Se etary
1, J. Brian Honeycutt, a Notary Public of Spartanburg County and State of South
Carolina, do hereby certify that John H. Gieser (the "Signatory), Secretary of DRG HARRIS
LLC, a South Carolina limited liability company, personally appeared before me this day and by
authority duly given, acknowledged the due execution of the foregoing instrument on behalf of
the limited liability company.
I certify that; the Signatory personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatory); or
(I have seen satisfactory evidence of the Signatory's identity, by a current
state or federal identification with the Signatory's photograph in the form of:
(check one of the following)
a driver's license or
in the form of - l; or
(a credible witness has sworn to the identity of the Signatory).
The Signatory acknowledged to me that he/she voluntarily signed the foregoing
document for the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this 2-1st day of be- cember, 2007.
Not n��
blic
Print ame: rll
[Note: Notary Public must sign exactly M on notary seal]
My Commission Expires:
-w [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
4
OLT 1094494v5

Dec 27 07 05:32p HAMRICK BOWEN
(82e) 287--9101 p. 10
EXHIBIT A
Legal Description of Town Property
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND
BEING IN SULPHUR SPRINGS TOWNSHIP, RUTHERFORD COUNTY, STATE OF
NORTH CAROLINA, AND BEING SHOWN AS TRACT "Du AND CONTAINING 14.460
ACRES ACCORDING TO A SUBDIVISION PLAT FOR DRG HARRIS, LLC.
RECORDED IN MAP BOOK 28, PAGES 348 AND 349 OF THE RUTHERFORD
COUNTY PUBLIC REGISTRY, AND DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT IRON PIN LOCATED AT OR NEAR THE CENTER LINE OF A
ROAD, SAID POINT BEING THE SOUTHERNMOST POINT OF THE 70.157 ACRE
TRACT IDENTIFIED AS TRACT "B" ON THE PLAT RECORDED IN MAP BOOK 281
PAGES 348 AND 349 OF *THE RUTHERFORD COUNTY PUBLIC REGISTRY,
THENCE RUNNING WITH THE LINE OF TRACT "Cu ON SAID PLAT S 00-00-40 E
563.18 FEET TO AN IRON PIN, THENCE TURNING AND CONTINUING WITH THE
LINE OF SAID TRACT "C„ S 89-54-17 W 947.45 FEET TO A POINT IN THE CENTER
LINE OF THE BROAD RIVER, CROSSING AN IRON PIN AT 851 FEET, THENCE
TURNING AND RUNNING WITH THE CENTER LINE OF THE BROAD RIVER N 03-38-
13 E 67.15 FEET TO A POINT, N 01-06-05 W 265.86 FEET TO A POINT, -AND N 30-
05-42 W 66.97 FEET TO A POINT, THENCE TURNING AND LEAVING THE CENTER
LINE OF THE BROAD RIVER N 82-10-17 E 333.40 FEET, 'CROSSING AN IRON PIN
AT 83.41 FEET, THENCE TURNING AND RUNNING N 15-11-51 W 324.28 FEET TO
AN IRON PIN, THENCE TURNING AND RUNNING N 86-00-32 E 518.29 FEET TO AN
IRON PIN AT OR NEAR THE CENTER LINE OF A ROAD, THENCE TURNING AND
RUNNING WITH THE CENTER LINE OF THE ROAD N 86-00-32 E 86.88 FEET TO AN
IRON PIN, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 56.78 FEET AND A
CHORD BEARING AND DISTANCE OF S 49-40-35 E 72.74 FEET AN ARC LENGTH
OF 78.95 FEET TO A POINT, S 12-59-36 E 68.67 FEET TO A POINT, ALONG A
CURVE TO THE' LEFT WITH A RADIUS OF 205.53 FEET AND A CHORD BEARING
DISTANC.E OF---S_27--Z4-a-9-E_ 52-Z2-FEET AI-4y4RG-LENGTH-OF_ 8 . — _EE-LTO f -
POINT� ANEYS 34-41-15 E 47.24 FEET TO -THE POINT AND -PLACE OF BEGINNING. -
TOGETHER WITH all of Grantor's right, title and Interest in and to that certain
SewerNVastewater Easement conveyed to Grantor by Chapman Sod, LLC by instrument
recorded in Deed Book 928, Page 158 of the Rutherford County Public Registry, which
easement is hereby assigned to Grantee by Grantor in accordance with its terms.
G RAN-TOR-EXP-RESSLY-RES ER-VES-unto-itself--its--successors�--assigns-and-grantees,-
a non-exclusive easement appurtenant to and running with Grantor's and its
successors', assigns' and grantees' contiguous land for pedestrian and vehicular
ingress, egress. regress, access and the installation, maintenance, construction and
repair of utilities within the portion of the Access Easement conveyed to Grantee by
Grantor by instrument recorded in Deed Book flag , Page 4�Z of the Rutherford
County Public Registry, which is actually located on the above -described 14.460 acre
tract.
CLT1094494v5

J
Dec 27 07 05:32p
HRMRICK BOWEN
(8281 287--9101
EXHIBIT B
Legal Description of the Plant
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND
BEING IN SULPHUR SPRINGS TOWNSHIP, RUTHERFORD COUNTY, STATE OF
NORTH CAROLINA, AND BEING SHOWN AS TRACT "Bp AND CONTAINING 70.157
ACRES ACCORDING TO A SUBDIVISION PLAT FOR DRG HARRIS, LLC.
RECORDED IN MAP BOOK 28, PAGES 348 AND 349 OF THE RUTHERFORD
COUNTY PUBLIC REGISTRY.
CLT 1094494VS
I

'Dec 27 07 05:22p HAMRICK BOWEN
(8281 287--9101 p.6
STATE OF NORTH CAROLINA
COUNTY OF RE THERFORD
NUD IN THE
k'JT'ri'--O �" s =fi x: _ NCB
cif �iCTt d1. • . •�` h•� �.`.. �-
ACCESS EASEMENT AGREEMENT
TMS ACCESS EASEMENT AGREEMENT (this "Agreement") is executed and
delivered as of the ' lik day of December, 2007, by and between THE TOWN- OF FOREST
CITY, a North Ca.olina municipal corporation (the "Town") and DRG HARRIS LLC, a South
Carolina limited liability company ("DRG"). The Town and DRG are sometimes collectively
called the "Pam" and individually, a "Par ."
WITNESSETH:
A. D113 owns an approximately 70.157 acre tract of land (the "DRG ProperY in
Rutherford County, North Carolina. The DRG Property is more particularly described on
Exhibit_A attached hereto and incorporated herein by reference.
B. Th. Town owns (i) an approximately 14.460 acre tract of land (the "Town
Pro er ') adjaceat to the DRG Property on its southern boundary, more particularly described
on Exhibit B attached hereto and incorporated herein by this reference.
C. Tb 3 Town desires an easement ' 6m- DRG- to utilize the existing access drive
located on the DR T Property. DRG is willing to grant to the Town, for the benefit of the Town,
its successors and assigns, a non-exclusive easement over and across the DRG Property for the
purpose of access, ingress, egress, regress and passage to and from the Town Property.
NOW, Tli EREFORE, for and in consideration of the sum of Ten Dollars ($10, 00) and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parries eh r�agree as fo ows:
1. DRG's Grant of Access Easement. DRG does hereby grant, bargain, sell, transfer and
convey unto the '.'own, its successors and assigns a non-exclusive perpetual right-of-way and
easement (the "Access Easement!) over and across the DRG Property for purposes of access,
DRAWN BY AND 1% IAIL TO:
A. Grant Whitney, Jr., >: ;quire
Parker, Poe, Adams 8t E* ernstein L.L.P.
Tliree.Wachovia Centcr
Suite 3000
401 South Tryon Street
Charlotte, North Carolir 3 28202-1935
CLT 10948204

Dec 27 07 05:22p HRMRICK BOWEN 18281287-9101 p.7
ingress, egress, regress and passage to and from the Town Property. The area of the Access
Easement is limited to the existing access drive located on the DRG Property more particularly
described as 40' Ingress Egress Easement One and 40' Ingress Egress Easement Two on the
legal description oy'the same attached hereto as Exhibit C and incorporated herein by reference.
Subject to applicable laws and any temporary closing reasonably necessary for maintenance and
repair, the Town u ill be entitled to use of the Access Easement twenty-four (24) hours per day,
seven (7) days per week; 'provided, however, that the Town agrees that the entrance gate to the
Access Easement )n Jack McKinney Road will be locked by any Town agent or employee
leaving the Town Property when no further Town agents or employees remain on the Town
Property.
The grant of such easement; right and privilege, as well as the benefits from said grant,
are not intended to create, nor shall they be construed as creating, any rights in or for the benefit
of the general public or any rights of the Town or any other party for parking -on the DRG
Property.
2. Appurtenant Easement Running with the Land. The Access Easement created and
granted by this A� reement is appurtenant to and shall run with the title to the Town Property
benefited thereby - nd the DRG Property burdened thereby, and shall be assignable by the Town
only to the success )rs in title or interest to the Town Property. This Agreement shall inure to the
benefit of and bin.i the Parties and their respective successors and assigns; provided that the
Access Easement ..in.d the other rights benefiting the Town shall not be assigned, transferred,
conveyed or encumbered except in conjunction with an assignment, transfer, conveyance or
encumbrance of al: or a part of 'the Town Property.
3. Present Condition, Damage and Repair. DRG hereby specifically disclaims any and
all representations and warranties with respect to the condition of the DRG Property located
within the area of the Access Easement. DRG (or its successors or assigns) agrees that it shall
maintain, subject t a reimbursement from the Town as provided herein, the Access Easement in
------- ------
good condition foi the purpose for which it is intended and in accordance with applicable laws.
e =cyst-ot--any- and all maintenance, repair an0or_rep Lenient a: e=�cess- asememt e
apportioned equally between the Town and DRG (or their respective successors or assigns), and
any other persons or entities to which DRG (or its successors or assigns) has granted the right to
use the Access Ea•ement ("Additional Grantee(s)) except for any costs due to the negligence or
willful bad acts of one of the Parties or Additional Grantee(s), in which case the costs shall be
borne by that Part• or Additional Grantee only. DRG (or its successors or assigns) will invoccc
the Town (or its s .iccessors or assigns) and any Additional Grantees for any such costs and the
- -- -- - -Town-(or-i-ts-sueeeisers-or-assigns}-and-any-Additional-Grantees-will-pay-all vices-frorn-DRG - -
(or its successors or assigns) within thirty (30) days of its receipt of the same. DRG's (or its
successors or assigns) expenditures for the required maintenance shall be validated by copies of
maintenance notif rations -and invoices for expenses incurred. DRG (or its successors or assigns)
shall not be authorized to spend in excess of $1,000.00 on the maintenance, repair and/or
replacement of th Access Easement without the prior written approval of the Town (or its
successors or assil ,ns) (which shall not be unreasonably withheld, conditioned or delayed). The
Town (or its successors or assigns) shall be responsible, at its sole expense, to keep all the grass
within the Access. Easement and within fifty feet (50') of the Access Easement neatly cut. If the
Town (or its suecA:ssors or assigns) fails to so cut the grass, DRG (or its successors or assigns) .
2
CLT 1094824v4

Dec 27 07 05:23p HAMRICK HOWEM
[phone] p.8
may have the Bras, cut at the Town's (or its successors' or assigns') expense and such costs
shall be invoiced to the Town (or its successors or assigns) as provided above. In the event that
DRG Harris, LLC conveys or transfers the real property upon which the manufacturing facility is
located, then the Town's (or its* successors or assigns) obligation to keep all the grass within the
Access Easement i.nd within fifty feet (50') of the Access Easement neatly cut shall terminate.
The successor in h lerest to DRG Harris, LLC shall have the obligation to keep the grass within
fifty feet (50') of die Access Easement neatly cut at its sole expense. The expense of cutting the
grass within the Access Easement shall be prorated in accordance with the terms and conditions
of other maintenance in accordance with this paragraph.
4. Indemnification. The Town, its successors and assigns indemnifies and holds harmless
DRG, its suceessoi s and assigns (collectively, the "Indemnified Parties"), from and against any
and all claims, liabilities, losses, damages and expenses, including but not linuted to, reasonable
attorneys' fees and court costs, arising out of or in connection with the use by the Town of the
Access Easement, except for any caused by the negligent or willful misconduct of DRG, its
successors and as. igns. The provisions of this Section 4 shall survive any termination of this
Agreement for any reason.
5. Insurance. The Town covenants and agrees that DRG shall not be responsible or liable
to the Town, or ar y person, firm or corporation claiming by, through, or under the Town for, or
by reason of, any defect in the property, or from any injury or loss or damage to person or
property resulting therefrom, and DRG shall not be responsible or liable to the Town, or any
person, firm or corporation claiming by, through or under the Town, or otherwise, for any
injury, loss or dan cage to the Access Easement, the Town or any other person, occurring in or
upon the Access 11asemnent, caused by or arising from any defect whatsoever, except for any
caused by the neg igent or willful misconduct of DRG, its successors and assigns. The Town
shall maintain policies for (i) general public liability insurance, and • (ii) automobile coverage
insurance. Each cf the policies shall be maintained in the amount of One Million and No/100
Dollars ($1,000,000.00) with a reputable company naming DRG and its successors or assigns as
an additional insui ed and shall include a waiver of subrogation by the insurer in favor of DRG,
its -successors- or-Lssigns. - The Town shall--furni-sh� DRG-with- a certificate -of such insurance-
contemporaneousl•./ with the execution of this Agreement. DRG shall maintain policies for
(i) general public liability insurance, and (ii) automobile coverage insurance. Each of the
policies shall be maintained in the amount of One Million and No/l00 Dollars ($1,000,000.00)
with a reputable company naming the Town and its successors or assigns as an additional insured
and shall include waiver of subrogation by the insurer in favor of the Town, its successors or
assigns. DRG sh. dl fturnish the Town with a certificate of such insurance contemporaneously
- - with-the-executiorr-of-thris-Agreement.-- --- - - ---
G. Hazardous Materials, The Town shall not cause, permit or allow any substances or
materials (whethe; solid, liquid or gaseous and including, without limitation, any petroleum or
petroleum by-products) deemed to be toxic or hazardous or the manufacture, storage, transport or
disposal of which is regulated by any federal, state or local agency or authority (collectively,
"Hazardous Materials") under any federal, state or Iocal law, ordinance, rule or regulation
related to the environment or health and safety matters, as amended from time to time
("Eavironrnentat Laws"), to be placed, stored, dumped, dispensed, released, discharged,
deposited, manufactured, generated, treated, processed, used or located on the area of.the Access
3
CLT 1094824v4

Dec 27 07 05:23p
HAMRICK HOWEN
[phone]
p.9
Easement or the DRG Property without DRG's (or its successors or assigns) prior written
consent. DRG aclo lowledges that the Town may, without the written consent of DRG, transport
across the Access casement, in accordance with applicable laws, Hazardous Materials used in
conjunction with, or generated by, the Town's operation of a wastewater treatment plant on the
Town Property The Town, its successors and assigns hereby agree to indemnify and hold
harmless DRG (or its successors or assigns) from and against all liabilities, expenses, demands,
damages, costs, loises, causes of action, claims for relief, penalties and charges incurred in
connection, or otbt. rwise associated, with any required removal or cleanup of any Hazardous
Materials or assess,-d in connection with the presence of any Hazardous Materials upon or under
the area of the Access Easement or the DRG Property resulting from or arising out of the
Town's, its success ors', assigns', agents', employees', tenants' and invitees' use or occupancy of
the area of the Access Easement of the DRG Property pursuant to the Access Easement granted
herein. The provisions of this Section 6 shalt survive any termination of this Agreement for any
reason.
7. DRG Warranties. DRG covenants with the Town that it is the owner in fee simple of
the DRG Property over which the Access Easement runs and that it has the right to grant the
Access Easement.
8. Intentionpliy Omitted.
9. Notices. Any notice or other communications required, permitted, or contemplated by .
this Agreement mast be in writing and shall be addressed as hereinafter provided and either
(i) sent by United States Mail, postage prepaid, registered or certified mail, return receipt
requested, in which case the notice shall be deemed delivered on the date it is accepted or
rejected by the addressee; (ii) sent by overnight delivery using a nationally recognized overnight
courier, in which case the notice shall be deemed delivered on the date it is accepted or rejected
by - the addressee; (iii) sent by telefax, in which case notice shall be deemed delivered upon
confirmed transm i.,sion of such notice; provided that a hard copy of the facsimile transmission is
also forwarded as set forth in (i) or (ii) of this subsection; or (iv) sent by personal delivery, in
which- case -tie notice- sh be eeme delivered -on 1e e_i is accep_e _ or rcjecte y tie
addressee. Either party may change its address by giving the other party five (5) days advance
written notice of such change, For the purposes of notice, the addresses of the parties shall be as
follows:
*The Town: DRG:
The Town of Fore.a City DRG Harris LLC
P.O. Box 728 c/o Gibbs International, Inc.
Forest City, North Carolina 28043 9855 Warren H. Abernathy Highway
Attention: Charles R. Summey, II, Town Spartanburg, SC 29301
Manager Attention: Mr. John Gieser
Fax: [phone] f 43 Fax: [phone]
10.* Intentions IN Omitted.
r
11. Miscetlanc-ous.
4
CLT 10948204

DeC 27 07 05:24p
HAMRICK HOWEN
(828)287--9101 p. 10
11.1 Failure of any party to comply, with any or all of the terms and conditions of this
Agreement shall not, under any circumstances, entitle any other party to terminate the Access
Easement, but shall give rise to such otherremedies as may be provided in this Agreement or by
law or equity. Except as expressly provided in -this Agreement, all rights, powers and privileges
conferred hereunder shall be cumulative and in addition to and not to the exclusion of those
provided by law or equity. Any modification to this Agreement must be in recordable form and
be executed by the affected parties and shall not be effective until recorded in the public records
of Rutherford Cou.,tty,
11.2 Thi•: Agreement shall not create an .association, partnership, joint venture or
principal and agen.,-y. relationship between any of the panties. No waiver of any provision of this
Agreement shall bo deemed to imply or constitute a further waiver of that provision or any other
provision.
11.3 The singular .or plural used herein shall be deemed to include the other; and any
pronoun shall be d..-emed to include the masculine, feminine or neuter,
11.4 In i he event that any of the provisions contained in this Agreement shall be
invalid, illegal of unenforceable in any respect, the validity of the remaining provisions
contained herein sl Lall be in no way affected, prejudiced or disturbed thereby.
11.5 Thi, Agreement shall be governed by and construed under the laws of the State of
North Carolina.
11.6 Tht captions herein are inserted only as a matter of convenience and for reference
and neither define limit or describe the scope or intent of this Agreement nor in any way affect
the terms and provisions hereof.
5
CL.T 1 os4ez4Y4

f
Ded 27 07 05:25p HRMRICK BOWEN [phone]
THE TOWN OF FOREST CITY: -
a North Carolina municipal corporation
By: -�2
Name:
Title:
ATTEST:
Sandra P. Mayse
Town Clerk
STATE OF AID D i
COUNTY OF 09�r
I, the undersigned Notary Public of the State and County aforesaid, certify that Sandra P.
Mayse personally appeared before me this day and acknowledged that she is the Cleric of the
Town of Forest C ity, a municipal corporation organized under the laws of the state of North
Carolinr_and that by -authority duly given and as the act of the Town, the foregoing instrument
was signed- iyi-its- name by its Mayorrand -sealed with As seal and -attested by her -as=its-Clerk= - _ -- - - - -
Witness m:i hand and notarial seal this Al day of December, 2007.
-- - - ----- -may
A[otPublic - - - ---- - -- --
My commission expires:
6
CLT 1094V4v4

Dec 27 07 05:25p HAMRICK BOWEN
(e2e)2e7-9101
p. 12
DRG:
DRG HARRIS LLC, a South Carolina limited liability
company
By•
Nan H. Gieser
Title: ecr ry
STATE OF SOUT4 CAROLINA
COUNTY OF SPA.RTANBURG
I, J. Brian Honeycutt, a Notary Public of Spartanburg County and State of South
Carolina, do hereby certify that John H. Gieser (the "Signatory"), Secretary of DRG HARRIS
LLC, a South Carolina limited liability company, personally appeared before me this day and by
authority duly givun, acknowledged the due execution of the foregoing instrument on behalf of
the limited liabilith company.
I certify thf t the Signatory personally appeared before me this day, and
(check one of the following)
(I have personal knowledge of the identity of the Signatory); or
_ (I have seen satisfactory evidence of the Signatory's identity, by a current
state or federal identification with the Signatory's photograph in the form of -
(check one of the following)
a driver's license or
in the form of ); or
------ - (a credible witnesshas-swom .to. theidentity-ofthe-SignatQry), - -- _
The Signatory acknowledged to me that he/she voluntarily signed the foregoing
document for the purpose stated therein and in the capacity indicated.
Witness m-, hand and official stamp or seal this 21" day of December, 2007.
-- --1 ot--
Print Name:
[Note. Notary Public must sign exactly as 4notary seal]
My Commission Expires: MY COMMISSION EXPIRES JMLIARY21,2009
`w [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
7
CLT 1 Q94824v4

Dec 27 07 05:25p HAMRICK BOWEN [828)287-9101
EXHIBIT A
TO
ACCESS EASEMENT AGREEMENT
Legal Description of DRG Property
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN
SULPHUR SPRINGS TOWNSHIP, RUTHERFORD COUNTY, STATE OF NORTH CAROLINA,
AND BEING SHOWN AS TRACT "B" AND CONTAINING 70.157 ACRES ACCORDING TO A
SUBDIVISION PLAT FOR DRG HARRIS, LLC RECORDED IN MAP BOOK 28, PAGES 348 and
349 OF THE RUTHERFORD COUNTY PUBLIC REGISTRY, AND DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT 1' AN OLD NAIL LOCATED IN TI4IE CENTER LINE OF JACK McKINNEY
ROAD, SAID NAIL ALSO BEING LOCATED AT OR NEAR THE CENTER LINE OF A CONCRETE
BRIDGE IN THE (,ENTER LINE OF THE BROAD RIVER, THENCE RUNNING ALONG SAID
CENTER LINE OF JACK McKINNEY ROAD THE FOLLOWING METES AND BOUNDS N
63-50-33 E 153.861 EET TO A POINT, THENCE N 63-32-24 E 237.14 FEET TO A POINT, THENCE
N 61-26-56 E 115.12 FEET TO A POINT, THENCE N 58-24-06 E 89.95 FEET TO A POINT,
THENCE N 57-10 9 E 95.97 FEET TO A POINT, THENCE N 56-59-47 E 81.84 FEET TO A POINT,
THENCE N 56-54-53 E 90.54 FEET TO A POINT, THENCE N 57-05-00 E 89.86 FEET TO A POINT,
THENCE N 56-54-31 E 91.20 FEET TO A POINT, THENCE N 56-34-I 1 E 103.05 FEET TO A POINT,
THENCE N 57-01-01 E 322.97 FEET TO A POINT, THENCE N 57-55-54 E 90.03 FEET TO A
POINT, THENCE N 60-29-07 E 137.62 FEET TO A POINT, THENCE N 64-21-14 E 93.39 FEET TO A
POINT, THENCE N 66-23-53 E'71.7I FEET TO A POINT, THENCE N 67-26-13 E 73.37 FEET TO A
POINT, THENCE 1', 68-12-18 E 72.68 FEET TO A POINT, THENCE N 68-41-10 E 74.59 FEET TO A
POINT, THENCE 14 69-12-11 E 5.00 FEET TO A POINT, SAID POINT BEING THE POINT OF
BEGINNING, THL':dCE STILL RUNNING ALONG SAID CENTER LINE N 69-12-1 l E 72.52 FEET
TO A POINT, THENCE N 63-19-38 E 32.38 FEET TO A POINT, THENCE N 69-19-38 E 38.42 FEET
TO A POINT, THENCE N 69-12-05 E 73.30 FEET TO A POINT, THENCE N 68-35-37 E 6.86 FEET
TO A POINT, SA. D POINT ALSO BEING THE JOINT CORNER OF PARCEL "C", 'THENCE
T--TRNIN-G� ING SAID--GEITMMINEANQ�R-Q
"C" S 30-54-50 E 1177.89 FEET TO A 5/8" REBAR IRON PIN SET, CROSSING OVER A 5/8"
REBAR IRON PIN SET AT 35.75 FEET, THENCE TURNING AND RUNNING N 7046-02 E 703.83
FEET TO A 5/8" RI ;BAR IRON PIN SET, THENCE TURNING AND RUNNING S 25-37-11 E 223.54
FEET 'I O A 518" RI;BAR IRON PIN SET, THENCE TURNING AND RUNNING S 21-54-35 W 378.55
FEET TO A 5/V R1:BAR IRON PIN SET, THENCE TURNING AND RUNNING S 44-50-46 W 480.00
FEET TO A 5/8" I-:EBAR IRON SET, THENCE TURNING AND RUNNING S 35-21-31 E 209.22
FEET TO A 5/8" RI;BAR IRON PIN SET, THENCE TURNING AND RUNNING S 11-57-39 E_147.24
FEET-'iOW99"111-3AR II ON-PINSET; TIHENCE-TUBBING-AN D-RUNNII��-4-6=22'VD 361.92 --
FEET TO A 5/8" REBAR IRON PIN SET, THENCE TURNING AND RUNNING S 36-3 I-05 W 102.06
FEET TO A 5/8" REBAR IRON PIN SET, THENCE TURNING AND RUNNING S 61-02-46 W 171.26
FEET TO A 5/8" R)-BAR IRON PIN SET, IT ENCE TURNING AND RUNNING S 12-37-01 E 264.97
FEET TO A 5/8" R1:BAR IRON PIN SET, THENCE TURNING AND RUNNING S 64-25-13 W 254.93
FEET TO A 5/8" REBAR IRON PIN SET, THENCE TURNING AND RUNNING S 87-47-30 W 195.09
FEET TO A 5/8" R!3BAR IRON PIN SET, THENCE TURNING AND RUNNING S 00-00-40 E 134.81
FEET TO AN IRON PIN, THENCE TURNING AND RUNNING N 34-41-15 W 47.24.FEET TO A
POINT, THENCE TURNING AND RUNNING ALONG A CURVE TO THE RIGHT WITH A
RADIUS OF 205.5 3 FEET AND A CHORD BEARING AND DISTANCE OF N 27-24-19 W 82.52
CLT 10948204
p.13

Deb 27 07 05:25p HAMRICK BOWEN [phone]
p. 14
FEET AN ARC LENGTH OF 83.08 FEET TO A POINT, THENCE TURNING AND RUNNING N . 12-
59-36 W 68.67 FEET TO A POINT, THENCE TURNING AND RUNNING ALONG A CURVE TO
THE LEFT WITH A RADIUS OF 56.78 FEET AND A CHORD BEARING AND DISTANCE OF N
4940-35 W 72.74 F BET AN ARC LENGTH OF 78.95 FEET TO AN IRON PIN, THENCE TURNING
AND RUNNING ": 86-00-32 W 605.17 FEET TO AN IRON PIN, THENCE TURNING AND
RUNNING N 15-11-50 W 748.07 FEET TO A 5/8" REBAR IRON PIN SET, THENCE TURNING
AND RUNNING N 37-18-54 E 318.51 FEET TO A 5/8" REBAR IRON PIN SET LOCATED ON THE
WESTERN SIDE OF A 40' INGRESS EGRESS EASEMENT, THENCE TURNING AND RUNNING.
ALONG SAID 40' INGRESS EGRESS EASEMENT N 04-46-49 E 391.28 FEET TO A 5/8" REBAR
IRON PIN SET, Ti-MNCE -TURNING AND RUNNR-IG N 07-14-18 W 321.97 FEET TO A 5/8"
REBAR IRON PIN SET, THENCE TURNING AND RUNNING ALONG A CURVE TO THE RIGHT
WITH A RADIUS OF 435.98 FEET AND A CIORD BEARING AND DISTANCE OF N 31-23-59 E
535.46 FEET TO A 5/8" REBAR IRON PIN SET, THENCE TURNING AND RUNNING N 78-12-5I E
133.95 FEET TO A 5/8" REBAR IRON PIN SET, THENCE TURNING AND LEAVING SAID 40'
INGRESS EGRESS EASEMENT AND STILL RUNNING ALONG THE LINE OF PARCEL "A" N
25-24-08 W 576.17- :-EET TO THE POINT OF BEGINNING.
THIS BEING PAR" OF THE SAME PROPERTY REFERRED TO IN DEED BOOK 684 AT PAGE
616.
CLT 1094824v4

a. ,
W
De6 27 07 05:26P HAMRICK BOWEN
[phone]
P.15
EXHIBIT B
TO
ACCESS EASEMENT AGREEMENT
Le�DescriRdOn of Town Property
ALL THAT- CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN
SULPHUR SPRIX(rS TOWNSHIP, RUTHERFORD COUNTY, STATE OF NORTH CAROLINA,
AND BEING SHOWN AS TRACT "D" AND CONTAINING 14.460 ACRES ACCORDING TO A
SUBDIVISION PLAT FOR DRG HARRIS, LLC. RECORDED IN MAP BOOK 28, PAGES 348 AND
349 OF THE RUTHERFORD COUNTY PUBLIC REGIST
BOUNDS AS FOLLOWS; RY, AND DESCRIBED BY METES AND
COMMENCING Kl' IRON PIN LOCATED AT OR NEAR THE CENTER LINE OF A ROAD, SAID
POINT BEING TIi:; SOUTHERNMOST POINT OF THE 70.157 ACRE TRACT IDENTIFIED AS
TRACT "B" ON 7 HE PLAT RECORDED IN MAP BOOK 28, PAGES 348 AND 349 OF THE
RUTHERFORD COUNTY PUBLIC REGISTRY, THENCE RUNNING WITH THE LINE OF TRACT
"C" ON SAID PLEAT S 00-0040 E 563.18 FEET TO AN IRON PIN, THENCE TURNING AND .
CONTINUING WI7 H THE LINE OF SAID TRACT "C" S 89-54-17 W 947.45 FEET TO A POINT IN
THE CENTER LIN OF THE BROAD RIVER, CROSSING AN IRON PIN AT 851 FEET, THENCE
TURNING AND RUNNING WITH THE CENTER LINE OF THE BROAD RIVER N 03-38-13 E
67.15 FEET TO A POINT, N 01-06-05 W 265.86 FEET TO A POINT, AND N 30-05-42 W 66.97 FEET
TO A POINT, T104CE TURNING AND LEAVING THE CENTER LINE OF THE BROAD RIVER N
82-10-17 E 333.40 FEET, CROSSING AN IRON PIN AT 83.41 FEET, THENCE TURNING AND
RUNNING N 15-11.51 W 324.28 FEET TO AN IRON PIN, THENCE TURNING AND RUNNING N
86-00-32 E 518.29 FEET' 'I'O AN IRON PIN AT OR NEAR THE CENTER LINE OF A ROAD,
THENCE TURNIN-3 AND RUNNING WITH THE CENTER LINE OF THE ROAD N 86-00-32 E
86.88 FEET TO AN IRON PIN, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 56.78
FEET AND A CHO'tD BEARING AND DISTANCE OF S 4940-35 E 72.74 FEET AN ARC LENGTH
OF 78.95 FEET TO A POINT, S 12-59-36 E 68.67 FEET TO A POINT, ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 205.53 FEET AND A CHORD BEARING AND DISTANCE OF S 27-24-
19 E 82.52 FEET AN ARC LENGTH OF 83.08 FEET TO A POINT, AND S 34-41-15 E 47.24 FEET
------TO-THE POINT AlV-PLACE-OF-BEGGFhf1`�rNG. -------- ------- - -- -- —
CLT ] 094824v4

a
Deb 27 07 05:26p HAMRICK BOWEN [phone]
ExH[Bff C
TO
ACCESS EASEMENT AGREEMENT
Legal Description of Access Easement
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN
SULPHUR SPRINOS TOWNSHIP, RUTHERFORD COUNTY, STATE OF NORTH CAROLINA,
AND -BEING SHOWN AS A 40' INGRESS EGRESS EASEMENT ACCORDING .TO A
SUBbIVISION PLEAT FOR DRG HARRIS, LLC. RECORDED IN MAP BOOT{ 28, PAGES 348 AND-
349 OF THE RUTI-:ERFORD COUNTY PUBLIC REGISTRY, AND DESCRIBED BY METES AND
BOUNDS AS FOLI OWS:
40' INGRESS EGRI SS EASEMENT ONE
COMMENCING AT AN OLD NAIL LOCATED IN THE CENTER LINE OF JACK McKINNEY
ROAD, SAID NAIL ALSO BEING LOCATED AT OR NEAR THE CENTER LINE OF. A CONCRETE
BRIDGE IN THE CENTER LINE OF THE BROAD RIVER, THENCE RUNNING ALONG SAID
CENTER LINE OF JACK MCKINNEY ROAD THE FOLLOWING METES AND BOUNDS N
63-50-33 E 153.861 EET TO A POINT, THENCE N 63-32-24 E 237.14 FEET T6 A POINT, THENCE
N 61-26-56 E 11 S. 12 FEET TO A POINT, THENCE N 58-24-06 E 89.95 FEET TO A POINT,
THENCE N 57-10 9 E 95.97 FEET TO A POINT, THENCE N 56-59-47 E 91.84 FEET TO A POINT,
THENCE N 56-54-53 E 90.54 FEET TO A POINT, THENCE N S7-05-00 E 89.86 FEET TO A POINT,
THENCE N 56-54-31 E 91.20 FEET TO A POINT, THENCE N 56-34-11 E 103.05 FEET TO A POINT,
THENCE N 57-01-01 E 322.97 FEET TO A POINT, THENCE N 57-55-54 E 90.03 FEET TO A
POINT, THENCE N 60-29-07 E 137.62 FEET TO A POINT, THENCE N 64-21-14 E 93.39 FEET TO A
POINT, THENCE 1`. 66-23-53 E 71.71 FEET TO A POINT, THENCE N 67-26-13 E 73.37 FEET TO A
POINT, THENCE N 68-12-18 E 72.68 FEET TO A POINT, THENCE N 68-41-10 E 74.59 FEET TO A
POINT, THENCE 1, 69-12-11 E 5.00 FEET TO A POINT, THENCE N 69-12-11 E 72.52 FEET TO A
POINT, THENCE N 69-19-38 E 32.38 FEET TO A POINT, SAID POINT BEING THE POINT OF
BEGINNING FOR THE 40' INGRESS EGRESS EASEMENT, SAID POINT ALSO BEING THE
CENTER LINE OT THE 40' INGRESS EASEMENT, THENCE TURNING AND LEAVING SAID
--- CENTW-LINFOY---ACK MclUNNEXRTSADANU - - - - _- - . 1 _
FNGRESS EGRESS EASEMENTS 30-54-50 E 378.73 FEET TO A POINT, THENCE S 29-57-55 E
73.49 FEET TO A POINT, THENCE S 25-32-03 E 67.27 FEET TO A POINT, THENCE S 10-23-22 E
103.42 FEET TO A POINT, THENCE S 00-03-01 E 199.65 FEET TO A POINT, THENCE S 00-34-35
E 88.81 FEET TO A POINT, THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF
421.54 FEET AND A CHORD BEARING AND DISTANCE OF S 09-15-10 E 124.83 FEET TO A
POINT, THENCE S 19-30-31 E 142.57 FEET TO A POINT, THENCE S 19- 30-53 E 69.58 FEET TO A
POINT, THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 126.11 FEET AND A
CFIGRD-BE-AR11\YC AND -DISTANCE- -Olr S 42-0041-R- 92.6 FEE`iTO-K­PO1NT, THENCE-S - ----
64-27-47 E 62.40 Fl3ET TO A POINT, THENCE S 72-02-53 E 46.88 FEET TO A POINT, THENCE S .
75-23-51 E 190.76 FEET TO A POINT, THENCE ALONG A CURVE TO THE RIGHT WITH A
RADIUS OF 198.8 7 FEET AND A CHORD BEARING AND DISTANCE OF S 47-26-11 E 166.30
FEET TO A POINT, THENCE S21-34-16 E 474.97 FEET TO A POINT, THENCE ALONG A CURVE
TO THE RIGHT M ITH A RADIUS OF 411.58 FEET AND A CHORD BEARING AND DISTANCE
OF S 15-04-01 W 336.68 FEET TO A POINT, THENCE STILL ALONG A CURVE TO THE RIGHT
WITH A RADIUS l)F 498.17 FEET AND A CHORD BEARING AND DISTANCE OF S 58-02-43 W
178.40 FEET TO A POINT, THENCE S 68-45-02 W 684.96 FEET TO A POINT, SAID POINT BEING
THE COMMON FOR EASEMENT PARCEL TWO, THENCE CONTINUING ALONG- EASEMENT
CLT 1094824v4

Dec 27 07 05:27p HRMRICK BOWEN
ob
[phone]
p.17
PARCEL ONE S 61-45-02 W 16.50 FEET TO A POINT, THENCE ALONG A CURVE TO THE
R1014T WITH A RADIUS OF 113.92 FEET AND A CHORD BEARING AND DISTANCE OF N
61-30-27 W I55.42 FEET TO A POINT, THENCE N 20-54-20 W 439.70 FEET TO A POINT,
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 738.86 FEET AND A CHORD
BEARING AND DISTANCE OF N 11-20-22 W 317.81 FEET TO A POINT, THENCE N 04-46-49 E
392.75 FEET TO A POINT, THENCE N 07-14-18 W 323.95 FEET TO A POINT, THENCE ALONG A
CURVE TO THE FIGHT WITH A RADIUS OF 415.98 FEET AND A CHORD BEARING AND
DISTANCE OF N 3 .-18-08 E 509.57 FEET TO A POINT, THENCE N 78-13-5I E 260.85 FEET TO A
POINT WHERE CE'1TER LINE OF 40' TNCIRE.SS EGRESS EASEMENT JOIN TOGETHER.
40' INGRESS EGRESS EASEMENT TWO .
COMMENCING A] A POINT LOCATED IN THE CENTER LINE OF JACK McKINNEY ROAD
AND THE CENTER LINE OF EASEMENT ONE AT THEIR INTERSECTIONS, THENCE LEAVING
SAID CENTER LINE OF SAID ROAD AND RUNNING ALONG THE CENTER LINE OF THE 40'
INGRESS EGRESS EASEMENT THE FOLLOWING COURSES AND DISTANCES S 30-54-50 E
378.73 FEET TO A POINT, THENCE S 29-57-55-E 73.49 FEET TO A POINT, THENCE S 25-32-03 E
67.27 FEET TO A POINT, THENCE S 10-23-22 E 103.42 FEET TO A POINT, THENCE S 00-03-01 E
199.65 FEET TO A POINT, THENCE S 00- 34-35 E 88.81 FEET TO A POINT, THENCE ALONG A
CURVE TO THE I ,EFT WITH A RADIUS OF 421.54 FEET AND A CHORD BEARING AND
DISTANCE OF S OS--I5-10 E 124.83 FEET TO A POINT, THENCE S 19-30-31 E 142.57 FEET TO A
POINT, THENCE S 19- 30-53 E 69.58 FEET TO A POINT, THENCE ALONG A CURVE TO THE
LEFT WITH A RA DIUS OF 126.11 FEET AND A CHORD BEARING AND DISTANCE OF S
42-00-41 E 92.64 FEET TO A POINT, THENCE S 64-27-47 E 62.40 FEET TO A POINT, THENCE S
72-02-53 E 46.88 FI ET TO A POINT, THENCE S 75-23-51 E 190.76 FEET TO A POINT THENCE
ALONG A CURVE f0 THE RIGHT WITH A RADIUS OF 198.87 FEET AND A CHORD BEARING
AND DISTANCE 0" S 47-26-11 E 166.30 FEET TO A POINT, THENCE S 21-34-16 E 474.97 FEET
TO A POINT, THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 411.58 FEET
AND A CHORD BE. kR.ING AND DISTANCE OF S 15-04-01 W 33 6.68 FEET TO A POINT, THENCE
STILL ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 498.17 FEET AND A CHORD
BEARING AND DISTANCE OF S 58-02-43 W 178.40 FEET TO A POINT, THENCE S 68-45-02 W
684.96 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING FOR EASEMENT
PARCEL TWO, THI NCP-S_ 24-4 OSE 23,60 FEET-TO-A-POINT,--TH NCE ALONG-A-C-_�_�Tp ---
THE -LEFT -WITH A RADIUS- OF 3 8.6 6 FEErAND A-CHORtX BL�ARING-AND "D-IS TANCE"OF S"
48-52-I 9 E 36.15 FEET TO A POINT, THENCE S 76-57-20 E 51.11 FEET TO A POINT, THENCE N
86-00-32 E 86.88 FISET TO A POINT, THENCE ALONG A CURVE TO TFIE RIGHT WITH A
RADIUS OF 56.78 F SET AND A CHORD BEARING AND DISTANCE OF S 49-40-35 E 72.74 FEET
TO A POINT, THEPdCE S 12-59-36 E 68.67 FEET TO A POINT, THENCE ALONG A.CURVE TO
TFM LEFT WITH A RADIUS OF 205.53 FEET AND A CHORD BEARING AND DISTANCE OF S
27-24-19 E 82.52 FEET TO A POINT, THENCE S 34-41-15 E 47.24 FEET TO A POINT LOCATED
ON THE COMMON LINE OF PARCEL,,B" AND "_C7.
SAID 40' INGRESS EGRESS EASEMENT IS DEFINED BY COURSES AND DISTANCE ALONG
THE CENTER LINE OF THE EASEMENT (20' EACH SIDE OF THE DEFINED CENTER LINE).
CLT 1094824v4