20070776 Ver 3_Stormwater Info_20080924

IN WADETRim
September 22, 2008
401 Oversite/Express Review Permitting Unit
NCDENR - Division of Water Quality
Parkview Building
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Attention: Ms. Annette Lucas
Re: Waynesville Commons, Haywood County
DWQ Project # 07-0776 V 3
Lot 2 - Best Buy
Dear Ms. Lucas:
Q F? ??PT

In response to your September 3, 2008 comment letter received by our office on September 9,
2008, we offer the following comments:
1. Overall Site
a. We have included a new sheet in the plan set. Sheet C-2.2 is a drainage map
indicating drainage boundary, storm pipes, inlets and catch basins, treatment
areas, bypass structures, bypass pipes, and outlets for this outparcel. Please note
that the area north and east of this outparcel was included in the storm
calculations for the basin located behind Wal-Mart.
b. The infiltration trench has been eliminated and replaced with a closed sand filter.
Also, the wet detention basin is a closed system, lined with a PVC liner. So there
is a physical separation between the treatment systems and the groundwater. Both
are discussed further below.
2. Wet Detention Pond
a. We understand that the requirement for a vegetative shelf around the entire
perimeter of the basin is a DWQ policy and not a requirement of the NC
Administrative Code. The shelf serves several purposes: 1) safety, 2) access for
maintenance, and 3) vegetation for additional treatment of the storm water. The
basin and wall, as proposed, was presented to the Town during the approval
process and was integral in the Town's decision to grant approval of the site plan
and several other site variances, allowing this project to proceed.
Wade Trim, Inc. 828.665.1288
1200 Ridgefield Boulevard 828.665.9566 fax
Suite 145 www.wadetrim.com
Asheville, NC 28806

Page 2
Ms. Annette Lucas
September 22, 2008
None the less, we are requesting your consideration of the following items and
seek your discretionary approval as presented:
We have researched BMP manuals for several states for which some of
them require a vegetative shelf equaling 20% of the permanent pool area.
Our landscaping plan represents 26% vegetation within the permanent
pool area.
ii. Our design includes a fountain which aids in circulating water within the
basin, reducing stratification and anoxic conditions which may decrease
biological activity and pollutant removal efficiency.
iii. Our length to width ratio is 3.78:1, reducing the chance for short
circuiting (State recommends 3:1, EPA recommends 2:1).
iv. The temporary pool volume (WQv) is designed to drain in 3.5 days or 84
hours, increasing the treatment time and pollutant removal. The primary
pollutant removal mechanism in a wet detention pond is sedimentation
and modeling results have indicated that two thirds of the sediment,
nutrients and trace metal loads are removed by sedimentation with 24
hours. l
v. The basin is proposed to be lined; therefore the permanent pool will be
maintained increasing pollutant removal.
vi. The basin was designed for 90% TSS removal.
b. Please refer to the attached calculations for the wet detention basin. I have
calculated the WQv to be 4,625cft. The actual WQv provided in the temporary
pool volume is 4,764cft.
c. Please refer to the attached calculations for the wet detention basin. The
permanent pool volume is 9,523cft and the surface area of the permanent pool is
3,185sft. Therefore, 9,523cft/3,185sft is 2.9899529 feet. For all practical
purposes, I have rounded this number to 3.0 assuming rounding is OK.
d. The detail for the orifice outlet is shown on sheet C-2.1, middle of the sheet on
the left side. Calculations for the orifice are included in the attached calculations
for the wet detention basin.
e. I have attached the calculations and plan for the retaining wall adjacent to the wet
detention basin (performed and designed by others).
' EPA Storm Water Technology Fact Sheet, Wet Detention Ponds, September 1999
Page 3
Ms. Annette Lucas
September 22, 2008
A test pit was dug in the wet basin area in proximity to section B indicated on the
plans (wet basin enlarged plan on sheet C-2.1). The undersigned personally
observed the excavation and recorded the water table and SHWT. The water
table is at elevation 2753.50, 0.50 feet above the proposed liner. The SHWT is
observed at elevation 2754.75, 1.75 feet above the proposed liner. The basin is
lined with PVC with 1 foot of on-site soils covering the liner. Also, the basin
will not drain to the water table. Localized dewatering may be required during
construction until the soil cover is placed on the liner. See calculations below
based on one square foot of area:
On-site soils = 120 lbs/cft and there is 1.0 feet of cover over the liner, thence weight of soil cover =
1201bs.
The volume, or height of water to reach neutral buoyancy = 120lbs / 62.4 lbs/cft (unit weight of
water) = 1.92 feet
The ground water would have to be at elevation 2754.92 (2753.00 (elevation of liner) + 1.92 feet)
for the liner to reach neutral buoyancy when the basin is empty. This is only a concern when the
basin is empty because water stored in the permanent pool volume would negate any buoyancy.
Sediment removal maintenance activities can be completed with a vacuum truck leaving water in
the basin, or when the ground water is at elevation 2754.92 (or lower).
g. Please refer to sheet C-2.0, right side of the sheet in the middle, for details on the
liner for the basin.
Infiltration Trench
As suggested, the infiltration trench has been eliminated and replaced with a closed
sand filter. Storm flow from the roof and loading dock area will be directed to a
bypass structure (details on sheet C-2.1, grading shown on sheet C-2.0, closed pipe
conveyance system shown on sheet C-3.0), then flow over a weir to the sediment
basin/forebay. The flow from the bypass structure to the forebay will be protected
with class B rip-rap (indicated in the plan view, sheet C-2.1, lower left corner and
sheet C-2.0). The flow from the forebay to the sand filter will be accomplished with
two 8" perforated distribution pipes placed on top of the sand filter. Water passing
through the sand filter will be collected by a 4" perforated pipe and directed to the
outfall via the bypass structure. All details for the sand filter are on sheet C-2.1. The
outlet pipe is indicated on sheet C-2.2 and further detailed on sheet C-3.0. I have
attached my calculations for the sand filter design.
The outlet pipe from the sand filter (bypass structure) connects to the bypass pipe of
Infiltration Basin A located behind Wal-Mart. For the ten year storm, the bypass
pipe for Infiltration Basin A has a capacity of 16.16cfs of which 7.72cfs is being used
by Infiltration Basin A drainage area. This leaves 8.44cfs of available capacity for
the Best Buy sand filter. The ten year discharge from the Best Buy sand filter
(bypass structure) is 6.21cfs, which is less than the available 8.44cfs. Therefore, the
Best Buy sand filter bypass and the Infiltration Basin A bypass will not exceed the
capacity of the bypass pipe for Infiltration Basin A.
Page 4
Ms. Annette Lucas
September 22, 2008
Please note that the sand filter will be lined with PVC to eliminate storm water
contact with the ground water. Details of the liner installation are shown on sheet C-
2.1. Additionally, the side slopes on the sand filter are 1:1. These slopes will be
protected from erosion by: 1) exposed PVC liner in the sand filter area, and 2) sod
stapled to the slope in the forebay area.
A test pit was dug in the sand filter area in proximity to where the overflow weir is
located between the forebay and sand filter. The undersigned personally observed
the excavation and recorded the water table and SHWT. The water table is at
elevation 275 1.00, 1.35 feet below the proposed liner at the low end of the sand filter.
The SHWT is observed at elevation 2752.25, 0.40 feet below the proposed liner at
the low end of the filter. The filter is lined with PVC and will not drain to the water
table, and if the ground water does rise, it will have to rise to elevation 2755.30
before the liner and sand filter reach neutral buoyancy. See calculations below based
on one square foot of area:
Sand = 110 lbs/cft and there is 1.5 feet of sand in filter, thence weight of sand = 1651bs.
The volume, or height of water to reach neutral buoyancy = 165lbs / 62.4 lbs/cft (unit weight of
water) = 2.65 feet
Neutral buoyancy for filter = (bottom of sand filter elevation) 2752.65 + 2.64 = 2755.30
General
1. As with the Wal-Mart and Home Depot portion of the site, the entire 35 acres was not
subject to pre and post runoff constraints. Therefore the storm water management
facilities are designed for water quality only, not quantity.
2. As with the Wal-Mart and Home Depot portion of the site, the discharges or outfalls do
not necessarily flow through a vegetated filter. However, the discharges are controlled to
eliminate any chance of erosion in to the creeks.
3. We have indicated drainage easements for the treatment facilities. As with the Home
Depot and Wal-Mart the Restriction Agreement and Grant of Easements (RAGE) allows
the owner access to the entire site for operation and maintenance purposes. The RAGE is
recorded at the court house and all properties within the `Shopping Center' are subject to
its terms and conditions. I have attached a copy of this document.
4. I have attached copies of the HydroCAD reports for the wet basin and sand filter,
providing additional calculations and hydraulic data.
5. I have attached a copy of executed O & M Agreement for the sand filter.
6. 1 have attached a copy of the supplement and checklist for the sand filter, and a new copy
of the supplement and checklist for the wet basin.
Page 5
Ms. Annette Lucas
September 22, 2008
7. Please address future correspondence to Mr. David A. Scarnati, as Mr. Gary O'Nesti is
no longer with Cedarwood Development, Inc.
Please let us know of additional submittal requirements or if you have any questions
Sincerely,
WADE TRIM, INC.
Charles J. Chri , PE
Associate
cjc
CD W2009-0 I E
wteim:projectwise\Documents\Iand Development\Projects\Cdw2009\Ole\Docs\Storm WaterTot 2\Submittal Cover 2008-09-22.doc
Enclosures
cc: Mr. David Scarnati, Cedarwood Development, Inc.
Permit Number: o 1- Q 7'1 to V 3
(to be provided by DWQ)
Drainage Area Number:
Wet Detention Basin Operation and Maintenance Agreement
1 will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
? does ® does not incorporate a vegetated filter at the outlet.
This system (check one):
? does ® does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
- Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks).
- No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
- Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
- If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
- Once a year, a darn safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1,5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the oblem:
The entire BMP Trash debris is resent. Remove the trash/ debris.
The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to
detention basin erosive gullies have formed. remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer a lication.
Vegetation is too short or too Maintain vegetation at a height of
long. a roximatel six inches.
Form SW401-Wet Detention Basin O&M-Rev.3 Page 1 of 4
R ?
Permit Number:
(to be provided by DWQ)
Drainage Area Number:
BMP element: Potential oblem: How I will remediate the roblem:
The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the
swale sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to
Swale. smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design depth for possible. Remove the sediment and
sediment storage. dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional
show that pruning is needed practices
to maintain optimal plant
health.
Plants are dead, diseased or Determine the source of the
dying. problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary,
Weeds are present. Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than s ra in .
The main treatment area Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design sediment possible. Remove the sediment and
storage depth, dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over Consult a professional to remove
50% of the area. and control the algal rowth.
Cattails, phragmites or other Remove the plants by wiping them
invasive plants cover 50% of with pesticide (do not spray).
the basin surface.
Form SW401-Wet Detention Basin, O&M-Rev.3 Page 2 of 4
1 ?
Permit Number.
(to be provided by DWQ)
Drainage Area Number:
BMP element: Potential problem- How I will remediate the problem:
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and
beaver activity is present. consult a professional to remove
beavers.
A tree has started to grow on Consult a dam safety specialist to
the embankment, remove the tree.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair,
The outlet device Clogging has occurred. Clean out the outlet device. Dispose
of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Division of
damage have occurred at the Water Quality Regional Office, or
outlet, the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 5.25 feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads 5.25 feet in the forebay, the sediment
shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 2760.25
Sediment Removal . 755.00 Pe anen Pool
- - - - - - - - - - - - - - - - volume Sediment Removal Elevation 2755.0,53 Volume
Bottom Elevatio 2754.0 -ft Min. ---- ------------------------------------ ---- -----
Sediment Bottom Elevation 27.54.40 1-ft
Storage a Mme,
Storage
FOREBAY MAIN POND
Form SW401-Wet Detention Basin 0&M-Rev.3 Page 3 of 4
Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problcros with the system or prior to any changes to the system or responsible party.
Project name:Wpynesville Commons - Best Buy Lot 2
BMP drainage area number:2S
Print namc:David A Scarnati
Title: Director of Development
Address: 1765 Merriman Road Akron OH 44313
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
I, DaLin M, ?JornQ_?,, ?,? , a Notary Public for the State of
O"I D , County of ' umrrn ITS , do hereby certify that
e-A 10-1
C Y-r)ct- 1 personally appeared before me this
day of "Tj? I , =V, and acknowledge the due execution of the 14
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
??
Dawn M. ac
Reeryryiden! summN
My pnmmis9?VII 40 A
04101012
SEAL
My commission expires
Form SW401-Wet Detention Basin 0&M-Rev.3 Page 4 of 4
Date; 7- `l- ©'K
Permit No. M45- Oq - co 1 co V-3
(to be provided by DWQ)
NA ?OF WATF9Q
-O
O Y
HCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information.
I. PROJECT INFORMATION
Project name Waynesville Commons, Best Buy Lot 2
Contact person Charles J. Christy, PE
Phone number 828-665-1288
Date 9/22/2008
Drainage area number Parking Lot #1
II. DESIGN INFORMATION
Site Characteristics
Drainage area 60,814.00 ft2
Impervious area 57,530.00 ft2
% impervious 94.60 %
Design rainfall depth 1.00 in
Storage Volume: Non-SR Waters
Minimum volume required
Volume provided
Storage Volume: SR Waters
1-yr, 24-hr runoff depth
Pre-development 1-yr, 24-hr runoff
Post-development 1-yr, 24-hr runoff
Minimum volume required
Volume provided
Peak Flow Calculations
1-yr, 24-hr rainfall depth
Rational C, pre-development
Rational C, post-development
Rainfall intensity: 1-yr, 24-hr storm
Pre-development 1-yr, 24-hr peak flow
Post-development 1-yr, 24-hr peak flow
Pre/Post 1-yr, 24-hr peak flow control
Basin Elevations
Basin bottom elevation
Sediment cleanout elevation
Bottom of shelf elevation
Permanent pool elevation
SHWT elevation
Top of shelf elevation
Temporary pool elevation
Form SW401-Wet Detention Basin-Rev.4
4,625.00 ft3
4,764.00 ft3
in
ft3
ft3
ft3
ft3
in
(unitless)
(unitless)
in/hr
ft3lsec
ft3lsec
ft3lsec
2,754.00 ft
2,755.00 ft
2,759.75 ft
2,760.25 ft
2,751.00 ft
2,760.75 ft
2,761.50 ft
Parts I. & II. Design Summary, Page 1 of 2
Permit No
(to be provided by DWQ)
11. DESIGN (NFORMAOTION
Volume and Surface Area Calculations
SA/DA ratio 3.00 (unitless)
Surface area at the bottom of shelf 2,600.00 ft2
Volume at the bottom of shelf 8,080.00 ft3
Permanent pool, surface area required 3,041.00 ft2
Permanent pool, surface area provided 3,185.00 ft2 OK
Permanent pool volume 9,555.00 ft3
Average depth for SA/DA tables 3.00 ft OK
Surface area at the top of shelf 3,817.00 ft2
Volume at the top of shelf 11,272.00 ft3
Forebay volume 2,175.00 ft3
Forebay % of permanent pool volume 22.76 % Must be approx. 20%, Adjust pond dimensions
Temporary pool, surface area provided 4,229.00 ft2
Drawdown Calculations
Treatment volume drawdown time 3.50 days OK
Treatment volume discharge rate 0.02 ft3/s
Pre-development 1-yr, 24-hr discharge ft3(s
Post-development 1-yr, 24-hr discharge ft3(s
Additional Information
Diameter of orifice 0.75 in
Design TSS removal 90 %
Basin side slopes 3.00 :1 OK
Vegetated shelf slope 10.00 :1 OK
Vegetated shelf width 10.00 ft OK
Length of flowpath to width ratio 3.78 :1 OK
Length to width ratio 3.78 :1 OK
Trash rack for overflow & orifice? Y (Y or N) OK
Freeboard provided 1.00 ft OK
Vegetated filter provided? N (Y or N) Design must be based on 90% TSS removal
Recorded drainage easement provided? Y (Y or N) OK
Capures all runoff at ultimate build-out? Y (Y or N) OK
Drain mechanism for maintenance or emergencies PUMP OUT
Form SW401-Wet Detention Basin-Rev.4 Parts I. & II. Design Summary, Page 2 of 2
Permit N
(to be provided by DWQ)
III. REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a
requirement has not been met, attach justification.
Pagel Plan
Initials Sheet No.
1. Plans (1" - 50' or larger) of the entire site showing:
- Design at ultimate build-out,
ul Off-site drainage (if applicable), L
C- ?.Z Delineated drainage basins (include Rational C coefficient per basin), --& ?1ay,,
Basin dimensions,
G- ?, ? Pretreatment system,
High flow bypass system,
rr _t.0 Maintenance access,
G , i, b - Proposed drainage easement and public right of way (ROW),
G, 2• I Overflow device, and
Boundaries of drainage easement.
2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing:
C- 2. ( Outlet structure with trash rack or similar,
Maintenance access,
L, 2, 1 Permanent pool dimensions,
Forebay and main pond with hardened emergency spillway, /la u c' ?c-
G Basin cross-section,
Vegetation specification for planting shelf, and `
Filter strip. /144 (-?OX, Tss D.s.yr- )
GEC- 3. Section view of the dry detention basin (1" = 20' or larger) showing:
- Side slopes, 3:1 or lower,
G? 2. 1 - Pretreatment and treatment areas, and
-Inlet and outlet structures. G- 1' G 3.
LPL 1-N. / 4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified
on the plans prior to use as a wet detention basin.
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay,
to verify volume provided. $6G h'r(ev Cad Ar'/--
C 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
GAL '? 7. The supporting calculations.
?c-
?S? 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. avt4ca
? 9. A copy of the deed restrictions (if required). IQ?GG' - at:(O_C_i
?S? ? 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County
soil maps are not an acceptable source of soils information.
/?T or r vG ve'721P1,Fb R y UF5- i r-AAIl?
Form SW401-Wet Detention Basin-Rev.4 Part III. Required Items Checklist, Page 1 of 1
I
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THORSON BAKER & Assoclat.es, Inc. 3030 west streetsboro Road [phone] -?hon
Richfield, Ohio 44286 (3301 659-6675 lay
www.thof"onb4e1.co113 tba(5)thorsonbakeccofn no,i
TRANSMITTAL
Date: 9-17-08 Project No: 2008-0305
To: Charles Christy Project: Best Buy
Wade Trim, Inc. Project Site: Waynesville, INC
1200 Ridgefield Blvd., Suite 145 Sent Via: Overnight UPS
Asheville, NC 28806 Delivery E-mail X
From: Maria Bunjevac Mail Fax
No. of sneels . cover
Copies Type Drawing No. Description
1 ea 30x42 S-9 Retaining Wall Adjacent to Pond Structural Plans
dated 9-05.08. Stamped & Signed (GRB)
1 ea 8 YzX11 ------------------------------------------------------------------- Retaining Wall Adjacent to Pond Structural
Calculations. Stamped and Signed GRB

These are transmitted as checked below:
For Approval As Requested X For Your Use X For Review & Comment
Remarks:
Distribution: TBA File
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Structural Retaining Wail Calculations
For
Best Buy
Waynesville, NC
Prepared by:
THORSON BAKER & Associates, Inc.
3030 W. Streetsboro Road
Richfield, Ohio 44286
9/17/08
2008-0305
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Table of Contents
Design Criteria
Pond Retaining Wall
DC1
R1
Y 1i0081008.0305?Documents?Correspondenee Outgoing''AisCelianeous>?008.0305_CCS001(cak cover sheetl9.17.08 doe
Oc /
r THORSON BAKER a Associates, Inc. Design Criteria t 0f3
CorstArfvDljircers P`ojectNo 2008.0305 UP 17-Sep-08
Project Best Buy Prop tedBy GRB
Project S.te Waynesville, Principal GRO
Client: Cedarwood Architectural Contact: Mark Cartechine
SCOPO: Design of structural retaining wail
Structural System:
Lateral System:
General Information:
Due Dates & Schedule
Submittal Type Date
75% Progress 6/30/2008
99% Progress 7I7/2008
Permit/B B. Review 7/14/2008
Roviowing Building Department (Obtain from Architect)
Agency Name: Gar rSanders
Phone: 828.456,2010
Fax: [phone]
Contacted Building Department: Yes x
Confirmation Letter Sent. Yes/Date:
Buildina Code
IBC (2003 IBC referenced for NC coda
Other 2006 North Carolina Building Code
Consultants By Firm Name
Mechanical: Kargas Faulconbrldge, I Architectural'
Electrical: Karges Faulcontnldge, I Civil.
Adjacent Building Drawings:
Geotechnical Report:
Prototype Drawings:
Go By' Drawings:
No-
No
Check One
t7 IBC
0 OBC
Cecianvood nevelopment Other Tn-C Construction Company, Ir
Wade Tdin
h..._ __
1 enUOwner Requirements
Factory Mutual X . Req. Not Req,
Concrete (psi) 4000 psi Fly Ash Permitted? Yes No
Min. Granular Fill Thick 8" thk
Prototype Specifications X Req. Not Req.
Specific Details
Specific Systems N/A
Any Required Height Clearances 18" clear height throuohtout buiidina
Floors: N/A
Roof: N/A
Walls: N/A
Columns: N/A
Firewalis Required?_ _ No Rating
Items to Consider
Expansion Joints Required? N/A Spacing
Any Future Expansion? N/A
Gonoral Construction Description A,
Wails: N/A
Floors: N/A?
Roof: N/A
Lateral System: N/A
4C - -
THURSON BAKER 8 Associates, Inc Design Criteria 2of3
Cvnsa!Ang Engmeers Project Ns. 2008.0305 Da!e ?•Sep-08
Project. Best Buy Prepared by GRB
Roject848 --- -Wa-ynesv 8 N- Principal' -'? -
Oesian Criteria:
Roofing Membrane
Ballasted
Non-Ballasted Membrane
Built-Up
Live Loads:
Floor/Use: 100 psf
Roof 20 psf -??
Specialized: N/A - - __.___
Live Load Reduction: Yes No X
Wind: - -
Wind Speed: 90 MPH
Importance Factor: _ 1.15 (for FM) 1 per code
Exposure: B
Seismic: "°'
Acceleration Coefficients(S„ St) Ss=0.421, Si=0,109
Importance Factor: 1
Seismic Use Group: 1
Seismic Site Class: C
Seismic Design CategoryC
Lateral Resistance System:
Snow Loads:
Ground Snow Load: 20 psf
Flat Roof Snow Load: 20 psf
Rain on Snow Load: _ 5 pal
Code Design Snow Load: _ 20 psf
Minimum per Building Official: 20 Dsf -
Minimum per Client Criteria: 20 psf
Final Design Roof Load: 25 sf
Snow Driftin
9? Required NA
Steps in Roof
Parapets:
Adjacent Building:
Future Building:
Does structure create drifting on adjacent existing buildings?
Yes If yes notify architect in writ '.ng
No x _._.._.._
Foundation Criteria:
Bearing Capacity: 2000psf
Frost Depth: _ 24" '-
Active Pressure: 47psf/ft per geotech
Passive Pressure: 250 psf/ft
Equivalent Fluid Pressure (Basement): N/A
Compaction Requirements. Slate _ Engineered Fill. 95%ASTM D-698
Special Considerations, Zero Lot Line N/A
Underpinning N/A
High Water Table N/A
Expansive Soils NIA
Corrosive Soils NIA
Other lx 1 aemeN• 9-mil vapor retarder, s" thk of crushed stone r:
4" C -13
THORSON BAKER & Associates, Inc. Design Criteria 3of3
Co,s,ul!hYergmeels Pro(ectNu _ 2008-0305 Date. 17-Sep-06
Pminrt Best Buy -PreparedBy. GRB
Pry'-cl .i?le .-
l? ayresvi e, Principal
Specs and Checklists
Is Computer analysis used for any Items, list items and software?
Enercalc, RISA
Specifications Required
Section 02360 nriven Ries Section 05210 steel Ju;sls
Section 02380 Driued Piers Section 05300 Metal Deck
Section 03300 CIP Concrete Section 05400 coid-rormea
Section 03410 G!wc. Precast curio _ Section 06150 Wood Deck
Section 05120 S'ruc Stem _ Section 06192 Wood Truss
Other _--
General Notes (Select One)
Full General Notes
x She et Spec General Notes
_
Checklists -J--
Non-Pmiect or Client Specific
Section Description PNes Req
7.2.01a Minimum Requirements 1-2 I
7 2 01b Full Requirements 1.2 )
7201d Drift 1-1 )
7.2.01m Membrane Waterproofing 1-1 ( I
7.202 General Drawing/Design 1.2 _ ?-
7.2.03 General Notes 1-2 ?A
72.04 FND-Spread footings 1-4
-
7205 FND-Deep foundations 1.3
7206 ,CIP-Elevated Floor 1.3 L_1
72.07 CIP-Roof 1-2 C 1
72.08 Precast-Floor 1.3 ) .?
7209 Precast-Roof 1.3 ?..?
7210 Wood-Lt Gage- Floor/Wal Is 1-3
72 If Wood-Lt Gage-Roof 1.2 -?
7212 Steel Joist-Floor 1-3
72.13 Steel Joist-Roof 1-3 [r_1
--
7.2.14 Steel Beam-Floor 1.3
72.15 Steel Beam-Roof 1-3
72.16 Masonry 1.2
7.217 Specifications 1.1
72,18 Shop Drawing Review 1-1 I _ I
7.219 Submittals 1-3 C h
Client Specific
7,2 2c&t Carpet & Tile Liquidators 1-1 C--1
v
7.2.2d Dick's Sporting Goods 1-7
i..]
7.2 2dr Dick's Review 1.2
7 2.2h Hotels 1-2 ?..?
71 2J Jared Jewelry 1-2 n
7,22o OSFC Schools 1-1
7,2 2rd Restaurant Depot 1-1
7 2,2s General school design!dwg review 1-5 Cl
Protect Fee:
Predesign Site Visit Required;
Attach the applicable doad load worksheet, wind load work sheets (Main wlrtd?
Component and Cladding and Uplift) Seismic
Attach preliminary for complicated protects,
- - - --
Reviewed By: Date:

e o N - -?}- ( o? ti) C. W t.-t L-
16.0005111 Conc w/ ltd ra) l0.in r,/c

#8@27.%5in
fir) T OO
Designer sel
/"110P f]Illhoriz. ro
0r fool
4'-8"
13'-0••
3'4'
11'_6„
113,E
3"
3'-2"
14'-6„
A-42,
6420.1#
1453.:3psf
1890,8psf
R-3
Title : Job It
Dsgnr: Date: 3:00PM, 15 JUL (',3
Drlscriptinn :
scope
(.fide Ref: ACI 318-02, 1997 UBC, 2003 IBC, 2003 NFPA 5000
Ftev, 580021 ._.___... _.__- ..._-__? ._... ...............-..__ __ ....._ _.._..__._ _ ..__....... _ _._ _.- i
User: KW-0602333, V?r 5.8.0, 15,hn•2G07 Page 1
(c)1983.2007FNFRCAI.C EngineeringSoNarc Cantilevered Retaining Wail Design M.1-n-narw.aiRrP Arai i,r
Description
Criteria

Retained Height 11.50ft
Wall height ahnvo soil 3.00 ft
Slope Behind Wall - 0.00: 1
Helqht of Soil over foe =- 24.00 in
Soil Density - 120.00 pcf
Wind on Stour 0.0 psf
Surcharge Loads
Design Summary
Total Bearing Load 21,769 Ibs
...resultant ece. 3.36 In
iSoil Data
Allow Soil Bearing - 2,000.0 psf
Equivalent Fluid Pressure Method
ilael Active Pressure 47.0 psf/ft
Toe Active Pressure - 0.0 psf/tt
Passivo Pressuro 250.0 psf/ft
Water height over heel '12.0 ft
FootingIlSoil Friction 0150
Soil helpht to ignore
for passive pressure 0.00 in
Surcharge Over Heol :? 225.0 prf
Used To Rcsist Sliding & Overturning
Footing Strengths & Dimensions
fc = 3,000 psi Fy 00,000 psi
Min. Aa % 0.0014
Toe Width - 4.67 ft
I feel Width £3.33
Total Footing Width 13.00-
Footing Thickness 24,00 in
Key Width 16.00 In
Key Depth 38.00 in
Koy Distance from roe 4.67 ft
Cover @ Top - 100 in (? R tm.= 3.00 in
Surcharge Over Toe 0.0 psf
Used fur Sliding & Overturning
Stem Construction Top stern
atom OK
Design height ft == (100
Wall Material Above "i(t" Concrctc
Thickness 16,00
Rebar Sizo - 0 0
Rebar Spacing - 10.00
Rebar Placed at = Edge
Design Data
fb/Ff3 F fit/Fa - 0.893
total Force (r Section Ibs 11,652.5
Moment.... Actual ft # 48,744.6
Moment..... Allowable 54,608.4
Shear..... Actual psi ..: 71.9
Shear-.-Allowable psi -: 107.5
0 13ni- Dovolop ABOVE Ht, in i, 37.00
Bar Lap/Honk 13FLOW Ht, in = 13.60
Wall Weight 193.3
Robar Depth 'd' in = 13.50
Masonry Data
fm paj =
Fs psi =-
Solid Grouting=
Special Inspection -
Modular Ratio'n'
Short 1 erm Factor
Equiv. solid Thl"k.
Masonry Block Tygm ? No,in< l VVoight
Concreto Data
fc t) ri 4,000.0
Fy psi 00,000.0
Othor Accoptablo Sixes .11
Spachr.Js
I or;: tt4(ill 7.00 In, t15t? 11.DU i n, #6Ca) 1,5,50 irt, #7@ 21 00 in #3?i? Il 7 ? in, ,t:.l(i? 3`i
Hoci: 8 4(cP 2.50 in, 1150 3,75 in, #6Q,, 5,25 in, #7(q) 7.25 in, 1186a 9.25 in 11,7!3
Kr:y: tt4(7) 1 L00 in, f15((p. '1 /.25 111, tft (cil ;?4,
Soil Pressure P. Toe 1,891 psf OK
Soil Pressure @ Heel - 1,458 psf OK
Allowable _ 2,000 psf
Soil Pressure Les s Than Allnwablo
AU Factored @ Toe 2,394 psf
AGI Factored @ Heel 1,846 psf
Footing Shear (ri Toe - 19.0 psi OK
Footing Shear L Heel = 92.2 psi 0K
Aliowablo - 93.1 psi
Walt Stability Ratios
Overtuming - 4.03 OK
Sliding - 1.53 (Vertical C
.
Sliding Calcs (Vertical Component Used)
Lateral Sliding Force _ 9,192.6 Ibs
less 100% Passive Fo mor - - 6,420.1 Ibs
less 100% Friction For( ;e= 7,61!),1 !bs
Added Force Req'd - 0.0 Ibs OK
for 1.5 : 1 Stability - 0.0 Ibs OK
Footing Design Results ]

Toe Heel

Factored Pressure _
7,394 1,846 psf
Mu' ' Upward 21.i,:390 0 rt-#
Mu' : Downward 13,244 ;0,039 ft tt
Mu: Design 17,14,3 90,039 ft-ft
Actual '1-Wray Shear -• 18.97 92.16 pnI
Allow 1-Way Shear 9)3.1 1 93.11 psi
1•na Reinforcing = ft 3 (ii) 27,75 in
i IoCa Rr;infulciny - It 3 ,,dl 9.50 In
Kty Reinforcing - # ,t ;?Dl 11.00 in

A-Y
rile : .lib 4
Dsdnr: Date: 3:00P%l, 15-M1.03
De°ycr911kion
Scope .
:ale Hi3f A(I 318-02, 1997 t1Rl;, 2003 JRC:, 2003 NFPA 5000
Rev: 500021
User0,V 15JunS0/ Cantilevered Retaining Wall Design
Page 2 H
(c)13830J-2-20077 ENE ENERCALCLC Engineering Software .. ... ...
Description
Summa of Overturning & Resisting Forces & Moments
.OVERTURNING.....
Force Distance Mo
t .....RESISTING.....

Item men
ibs ft ft i/ Force Distance Moment
Ihs; ft ft-#
Heel Activo Pressuro 0,192.t; 4.86 44,663. Soil Ovnr Heel 9,655.4 O.EiO X1
1-- --
Toe Active Iressure Sloped Soil r )ver Heel ,
Too Surcharge Over
Adjacent Footing Lo
ad -• Surchargo Over H,,wl = 1,574.3 s).50 14,9 i8.0
Adjacent hooting Load -
Added I ;?tc??>ral Load - Axial 19c?3s?d Load on Stem - t)
00
Load
c Stem Above Soil = Soil Over `foe = 1,1?0 8 ,
2.34 2
617.1

l
Seismir,
Load -
S
,
Ufcharyc: Over to(, :.

Total c 9,192.6 O.T.M. ? 44,66,u Stern Wei ht s
J j)
Earth a Stem I ra
siti
:
2,803.3
5 34
14,960.5
Resisting/Overturning Ratio - 4.03 n
ons
Footing Weight 3,900.0 6.50 25,349.8
Vertical Loads used for Soil Pressure = 21,768.8 Ibs Key Weight • 633.3 5.34 3,379.9

Vertical component of active prossuro used for soil prossuro Vert. C:OiT1Penent = L 081.7
-- - 13.00 21 061.7
Total = 21,768 8 Ihs R.M.=- 180,067.3
In$trument# 2008001223 Book 727 Page 1744
,
PRESENTED TO lANO RE 0 DS
DATE ,!V1 BY
1 r ila, uc ?saaa
.v? ah
,
alit Street Suite ! i
Akm,
8
When recorded return to;
Aa?dterv-l?-A?a€frl~sq. V P? n 'r??cciK??1gs4 ?4 w ?'n..
RESTRICTION AGREEMENT
AND GRANT OF EASEMENTS
0.1-o?-1(A U3
1111111111111111101
2008001223
MAYWOODCO, NC FEE $184.00
02-01-2008 04:22:48 PM
AMY R. MURRAY
neaara o. DeeDe
BY AMY MURRAY
RCGIATIS OF DEEDS
BK: RB 727
PG: 1744-1794
S p 2, 4 2008
UEJR-?iATtR(JUAL;ryV r
THIS RESTRICTION AGREEMENT AND GRANT OF EASEMENTS (this "Agreement") is
made as of() C-JLJne_r ( ;?., 2007, by and between Waynesville Commons Retail Associates, L.L.C., a
North Carolina limited liability company ("Developer"), Home Depot U.S.A., Inc., a Delaware
corporation ("Home Depot") and Wal-Mart Stores East, LP, a Delaware limited partnership ("Wal-
Mart").
PRELIMINARY
1.1. Parties: Developer is the Owner of the Developer Parcel and the Outparcels, as well as
the initial ground lessor (the "Initial Ground Lessor") of the Home Depot Parcel and the Wal-Mart
Parcel. Home Depot is the Ground Lessee of the Home Depot Parcel. Wal-Mart is the Ground Lessee of
the Wal-Mart Parcel. The Parcels are located at the northwest quadrant of Main Street and Hyatt Creek
Road, in the City of Waynesville, County of Haywood, State of North Carolina, as more clearly
delineated on the Site Plan.
1.2. Purpose: The Parties plan to develop the Shopping Center as an integrated retail sales
complex for the mutual benefit of all Parcels in the Shopping Center and, therefore, do hereby fix and
establish the Easements and Restrictions upon and subject to which all of the Shopping Center, or any
part thereof, shall be improved, held, leased, sold and/or conveyed. Such Easements and Restrictions
shall nin with the land and inure and pass with such Parcels and shall apply to and bind the respective
successors in interests thereof, and all and each Easement and Restriction is imposed upon such Parcels
as a mutual equitable servitude in favor of such Parcels and any portion thereof.
1.3. Definitions: The following defined terms shall have the meanings set forth below for
purposes of this Agreement.
Instrument# 2008001223 Book 727 Page 1745
(a) "Adjacent 17 Acres": That certain real property to the west of the Shopping
Center consisting of approximately seventeen (17) acres, as identified on the Site Plan. The Parties agree
that any benefits or restrictions affecting the Adjacent 17 Acres pursuant to this Agreement, including
cross access rights, shall not be effective unless and until Developer, its affiliates, or an entity with
common beneficial ownership with Developer initially acquires fee simple ownership of or master
leasehold rights to the Adjacent 17 Acres; provide, however, any rights which became so effective shall
remain effective thereafter notwithstanding a subsequent sale or transfer of the Adjacent 17 Acres.
(b) "Agreement": This Restriction Agreement and Grant of Easements.
(c) "Approved Plans": Site Plan, grading, drainage, utility, site lighting, landscaping
and Pylon Signage plans for the Shopping Center approved by the Consenting Owners. Such Approved
Plans for the Shopping Center are referenced on Exhibit "D" attached hereto and made a part hereof.
(d) "Brownfields Agreement": The agreement(s) entered into by the North Carolina
Department of Environment and Natural Resources and Developer (and/or its affiliate or predecessor in
title) on or about April 5, 2007 for the Shopping Center related to the pre-existing contamination in, and
the development of, the Shopping Center.
(a) "Building": Any permanently enclosed structure placed, constructed or located
on a Parcel, which shall include any appurtenant canopies and supports,
(f) "Building Area": All those areas on each Parcel designated as "Building Area"
on the Site Plan.
(g) "Center Pylon Sign(s)": The pylon signs designated on the Site Plan but not
including monument signs which may be located on the Outparcels.
(h) "City": The city of Waynesville, North Carolina.
(i) "Claims": Causes of action, claims, liabilities, losses, damages, costs and
expenses (including reasonable attorneys' fees and court costs).
0) "Common Area": All those areas on each Parcel which are not Building Area or
Service Areas, together with those portions of the Building Area on each Parcel which arc not from time
to time actually covered by a Building, Garden Center or being used as Outside Sales Area. Canopies
which extend over the Common Area, together with any columns or posts supporting same, shall be
deemed to be a part of the Building to which they are attached and not a part of the Common Area. The
improvement or use of any portion of the Building Area as Common Area shall not be construed as a
permanent inclusion of such portion within the Common Area, and such portions may, at any time
thereafter, be improved with Buildings and appurtenances as contemplated by this Agreement.
(k) "Consenting Owners": The Ground Lessee of the Home Depot Parcel if a ground
lease is in effect; otherwise the Owner of the Home Depot Parcel; the Ground Lessee of the Wal-Mart
Parcel if a ground lease is in effect; otherwise the Owner of the Wal-Mart Parcel, and the Owner of the
Developer Parcel; provided, however, that in the event any such Consenting Owner sells its Parcel and
becomes the Prime Lessee thereon, such Prime Lessee shall be deemed appointed as the entity to cast the
vote or give the consent for the Parcel on behalf of the Consenting Owner so long as it is the Prime
Lessee of said Parcel; provided further, however, in the event any such Consenting Owner sells any
portion, but not all, of its Parcel, then the Consenting Owner as to such Parcel shall be that Owner who
2
ingtrurnent# 2008001223 Book 727 Page 1746
owns the largest portion of Land Area within such Parcel, regardless of any agreement to the contrary.
There shall not be more than three (3) Consenting Owners unless all existing Consenting Owners
unanimously agree to additional Consenting Owners.
(1) "Default Rate": The greater of (i) ten percent (10%) per annum or (ii) the prime
rate plus three percent (3%), As used herein, "prime rate" shall mean the rate of interest published from
time to time as the "Prime Rate" in the Wall Street Journal under the heading "Money Rates'"; provided,
however, that (i) if more than one such rate is published therein the prime rate shall be the highest such
rate, and (ii) if such rate is no longer published in the Wall Street Journal or is otherwise unavailable, the
prime rate shall be a substantially comparable index of short term loan interest rates charged by U.S.
banks to corporate borrowers selected by the Consenting Owners.
(m) "Developer": Waynesville Commons Retail Associates, L.L.C., a North Carolina
limited liability, its successors and assigns.
(n) "Developer Parcel": The Parcel legally described on Exhibit B-1 and identified
on the Site Plan as Outpercel 2 or the "Developer Parcel."
(o) "Development Agreement - Home Depot": That certain Development Agreement
between Developer and Home Depot which encumbers the Home Depot Parcel, and Essential
Appurtenances (as defined in the Development Agreement - Home Depot) a memorandum of which may
be recorded concurrently with this Agreement.
(p) "Development Agreement - Wal-Mart": That certain Development Agreement
between Developer and Wal-Mart which encumbers the Wal-Mart Parcel, a memorandum of which may
be recorded concurrently with this Agreement.
(q) "Easements": The easements fixed and established upon the Shopping Center
pursuant to this Agreement.
(r) "Floor Area": The total number of square feet of floor space on each floor in a
Building, including basement, subterranean, balcony and mezzanine space, irrespective of whether
actually occupied, and including any outdoor seating area used exclusively by an Owner or Occupant for
its Permittees. Floor Area shall be measured from the exterior line of the exterior walls and from the
center line of any party or common interior walls without deduction for columns, walls or other structural
or non-structural components; provided, however, in no event shall the following be included in such
calculations: (i) the Garden Center located on the Wal-Mart Parcel, (ii) the Garden Center located on the
Home Depot Parcel, or (iii) Service Areas,
(s) "Garden Center": A fenced outdoor area within the Building Area located on the
Home Depot Parcel and/or the Wal-Mart Parcel, portions of which may be under roof or canopy and
other portions of which may be "open air" areas.
(t) "Governmental Regulations": Any or all laws, statutes, ordinances, codes,
decrees, rulings, regulations, writs, injunctions, orders, rules, or conditions of approval or authorization
of any governmental entity, agency or political subdivision whether now in force or which may hereafter
be in force.
and assigns,
(u) "Home Depot": Home Depot U.S.A., Inc., a Delaware corporation, its successors
3
Instrument# 2008001223 Book 727 page 1747
(v) "Home Depot Parcel": The Parcel legally described on Exhibit B-2 and
identified on the Site Plan as the "Home Depot Parcel".
(w) "Improvements": Any Building, sign or Common Area improvements located in
the Shopping Center.
(x) "Land Area": The total gross square footage of a Parcel.
(y) "Lienholder": Any mortgagee under a mortgage, a grantee under a deed to secure
debt, or a trustee or beneficiary under a deed of trust constituting a lien on any Parcel.
(z) "Occupant": Any Person or Prime Lessee from time to time entitled to the use
and occupancy of any portion of a Building in the Shopping Center under an ownership right or any
lease, sublease, assignment, license, concession, or other similar agreement.
(aa) "Outparcel" or ' Outparcels": Individually or collectively, the real property
legally described on Exhibit B-3 and identified on the Site Plan as "Outparcel 1," "Outparcel 3," and
"Outparcel 4."
(bb) "Outside Sales Area": An area generally unprotected from the elements which
may be used for sales and/or storage purposes. An Outside Sales Area shall only be located in the area(s)
designated on the Site Plan. Any designation on the Site Plan of "seasonal sales" or "seasonal sales area"
shall be deemed Outside Sales Area.
(cc) "Owner": (i) The record holder of fee simple title to a Parcel, its heirs, personal
representatives, successors and assigns, or (ii) a Prime Lessee as to a Parcel that is subject to a Prime
Lease. Home Depot, a Prime Lessee as of the effective date of this Agreement, shall be the Owner of the
Home Depot Parcel and Wal-Mart, as Prime Lessee as of the effective date of this Agreement, shall be
the Owner of the Wal-Mart Parcel. Each Parcel may have only one Owner, provided that the Owner of a
Parcel (other than initially the Developer for purposes of the Home Depot Parcel and the Wal-Mart
Parcel) subject to a Prime Lease shall be jointly and severally liable with the Prime Lessee for any
Claims or any default hereunder with regard to the ownership or operation of such Parcel.
(dd) "Parcel" or "Parcels": Individually or collectively, the Home Depot Parcel, the
Wal-Mart Parcel, the Outparcels, and the Developer Parcel, as each is shown on the Site Plan and more
particularly described in Exhibit "B".
(cc) "Party" or "Parties": The parties set forth in Section L I above, their successors
and assigns.
(ff) "Permanent Drives": Those certain accessways shown on the Site Plan as
"Permanent Drive(s)" including, without limitation, the curb cuts on such accessways, for which
alterations or modifications must be approved pursuant to Section 3.7 herein.
(gg) "Permittee": All Occupants and the officers, directors, employees, agents,
contractors, customers, vendors, suppliers, visitors, invitees, licensees, assignees, subtenants, and
concessionaires of Occupants insofar as their activities relate to the intended use of the Shopping Center.
4
Inatrument# 2008001223 Book 727 Page 1748
(hh) "Person": Individuals, partnerships, firms, associations, corporations, limited
liability companies, trusts, governmental agencies, administrative tribunals or any other form of business
or legal entity.
(ii) "Prime Lessee": An Occupant of an entire Parcel who is not the Title holder of
such Parcel pursuant to an agreement by which such Prime Lessee is subject to all obligations and
responsibilities relating to the ownership and operation such Parcel and any business thereon.
(j`j) "Restaurant": Any operation or business which requires a governmental permit,
license and/or authorization to prepare and/or serve food for either on- or off-site consumption, exclusive
of any food service located within the Building upon the Wal-Mart Parcel or the Home Depot Parcel
which is incidental to the primary use conducted within said Building.
(kk) "Rcstrictions": The covenants, restrictions, liens and encumbrances fixed and
established upon the Shopping Center pursuant to this Agreement.
(11) "Service Areas": The sidewalks attached to and/or adjoining a building, trash
compactors and enclosures, exterior lighting attached to a Building, drivoup or drive-thru customer
service facilities directly adjacent or in close proximity to a Building, side yards and rear yards used for
outdoor storage (provided such outdoor storage does not interfere with the flow of vehicular traffic),
loading docks, electrical facilities and transformers, truck ramps and other similar exclusive service
facilities and outward extensions, and customer pickup areas directly adjacent or in close proximity to a
Building on the Wal-Mart Parcel or Home Depot Parcel, all whether or not described, labeled or depicted
as such on the Site Plan. The Service Areas are the exclusive property of the Owner of the Parcel and not
part of Common Area.
(mm) "Shopping Center": Collectively, all of the Parcels.
(nn) "Site Plan": The site plan of the Shopping Center shown on Exhibit "A" attached
hereto.
(oo) "Utility Lines": Those facilities and systems for the transmission or other
provision of utility services, including, but not limited to, constructed wetland supplementation, water
drainage, detention or retention systems or structures, water mains, sewers, lift stations, water sprinkler
system lines, electrical conduits or systems, gas mains, other public or private utilities providing service
to all Owners of the Shopping Center in common.
(pp) "Wal-Mart'": Wal-Mart Stores East, LP., a Delaware limited partnership, its
successors and assigns.
(qq) "Wal-Mart Parcel": The Parcel legally described on Exhibit B-3 and identified
on the Site Plan as the "Wal-Mart Parcel."
2. BUILDING AND COMMON AREA DEVELOPMENT
2.1. Building Location: All Buildings shall be placed or constructed upon the Parcels only in
the Building Areas. Buildings may be located (or relocated) anywhere within the Building Area provided
the total Floor Area of all Buildings constructed within a Building Area does not exceed the lesser of (1)
the square footage assigned to such Building Area as shown on the Site Plan (or as otherwise designated
herein), or (ii) the maximum square footage of Floor Area permitted on such Parcel by the application of
5
Inutri, ntg 2008001223 Book 727 page 1749
the minimum parking requirements set forth in Section 4.1 below. All unimproved portions of a Parcel
shall be covered by decomposed granite, gravel, sod, hydroseed or as otherwise permitted by
Governmental Regulations and kept weed free and clean at the subject Owner's sole cost and expense
until such time as Buildings are constructed thereon.
2.2. Common Area: Except as permitted by the second paragraph of this Section 2.2, the
Common Area is hereby reserved for the sole and exclusive use of all Owners and Occupants of the
Shopping Center and their Permittees. The Common Area may be used for vehicular driving, parking
(except as limited by Section 4.1 hereof) and pedestrian traffic and such other purposes as are usual and
customary in Shopping Canters in the City's metropolitan area, unless otherwise specifically prohibited
in this Agreement. The Common Area shall be maintained as provided for in Article 6. The Owners
acknowledge and agree that incidental temporary encroachments upon the Common Area may occur as a
result of the use of ladders, scaffolds, store front barricades and similar facilities in connection with the
construction, maintenance, repair, replacement, alteration or expansion of Buildings, signs and/or the
Common Area, all of which are permitted under this Agreement so long as all activities requiring the use
of such equipment are expeditiously pursued to completion and are performed in such a manner as to
minimize any interference with use of the improved Common Area or with the normal operation of any
business in the Shopping Center.
The Developer may grant permanent rights of vehicular and pedestrian ingress and egress and
utility connections (but not parking rights) to the Common Areas for the benefit of the Adjacent 17
Acres; provided the owners or occupants of the Adjacent 17 Acres contribute an equitable amount to the
cost of the maintenance of the Common Area in the Shopping Center and further provided that the
Adjacent 17 Acres are subject to restrictions on use as set forth in Section S hereof. Notwithstanding
anything to the contrary herein, Wal-Mart shall have the right to approve the location, and timing of
construction, of any utilities installed on the Wal-Mart Parcel to service the Adjacent 17 Acres.
2.3. Type and Design of Building:
(a) All Improvements in the Shopping Center shall be constructed in conformity
herewith and with the Approved Plans, unless the constructing Owner has obtained the prior written
consent of the Consenting Owners; provided, however, minor changes required for the expansion or
modification of the Building(s) or other Improvement(s) on it shall not require the further consent of the
Consenting Owners if such expansion or modification is within the Building Area shown on the Site
Plan; and if no other Parcel is negatively affected with respect to drainage or utility access and provided
further that a modification to a Utility Line that does not impact any other Parcel shall not require
additional approval. There shall be no interference with the established drainage pattern and system over
any portion of the Parcels unless adequate provision is made for proper drainage and such interference is
approved by all affected Owners.
(b) Subject to Section 2.3(e) below, every Building shall be either equipped with
automatic sprinkler systems which meet all the standards of the Insurance Services Office, Inc. (or other
similar local organization having jurisdiction) or shall be constructed in such a manner as not to
adversely affect the fire rating as determined by local governing agencies of any Building built upon any
other Parcel.
(c) No Building shall be built in such a manner as to adversely affect the structural
integrity of any other Building in the Shopping Center. No Owner shall have the right to make any
attachment whatsoever to another Owner's Building (such other Owner being referred to in this
subparagraph only as "Other Owner") without such Other owner's prior written approval, which may be
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Ingtrument# 2008001223 Book 727 Page 1750
withheld in such Other Owners sole and absolute discretion. If the Other Owner approves the requested
attachment, the Owner making the attachment shall, prior to making such attachment, obtain the Other
Owner's prior written approval (which may be withheld in its sole and absolute discretion) of the
drawings and specifications detailing the attachment. Any such attachment shall be at the sole cost and
expense of the Owner making the attachment and shall be in strict conformance with the approved
drawings and specifications detailing the same. Thereafter, the Owner making the attachment shall
maintain and repair such attachment and shall repair any affected portion of the Other Owner's Building
due to the attachment to the Other Owner's Building.
(d) No building constructed on the Wal-Mart Tract, the Developer Tract, or the
Home Depot Tract shall exceed 45' in height measured from the finished floor. No Building on
Outparcel 1 (including any landscaping located thereon) shall exceed one (1) story and twenty-eight (28)
feet in height measured from the finished floor elevation of the Building upon the Outparcel, exclusive of
all architectural embellishments, mechanical fixtures, signage and television equipment, and screening
for same. No building on Outparcel 3 and Outparcel 4 (including any landscaping located thereon) shall
exceed one (1) story and twenty five (25) feet in height measured from the finished floor elevation of the
Building upon such Outparcels, exclusive of all architectural embellishments, mechanical fixtures,
signage, and television equipment and screening for same, provided such embellishments, fixtures,
signage, equipment or screening shall not exceed twenty eight (28) feet measured from finished floor
elevation and the embellishments, fixtures, signage, equipment or screening in excess of twenty five (25)
feet in height shall not extend greater than fifty percent (50%) of the length/width of the longest building
face. No mezzanine or basement shall be used for the sale or display of merchandise or for the offer or
provision of retail services to the public.
(e) The Building to be constructed on the Home Depot Parcel may be built as
Category V-NR (non-rated), as that category is defined pursuant to the Uniform Building Code 2000
Edition (UBC). Any Building on any other Parcel within the Shopping Center shall be constructed in
such a manner to allow that the Building on the Home Depot Parcel may be constructed or otherwise
remains as at least as broad as Type V-NR pursuant to the UBC 1997 edition.
(f) There shall not be constructed in the Shopping Center any parking structure,
whether over or under ground level.
(g) No building shall be constructed on the Shopping Center (as either immediate
development or future expansion) except within the Building Areas. Any buildings located on Outparcel
3 shall not exceed 7,500 square feet in size and on Outparcel 4 shall not exceed 10,000 square feet in size
and any building located on Outparcel 1 shall not exceed 8,500 square feet in size. Any buildings located
on the Developer Parcel shall not exceed 30,000 square feet in size collectively. Any rooftop equipment
constructed on the Buildings located on the Outpareels shall be screened so as not to be visible from the
mean finished elevation of the parking area.
2.4. Construction Requirements:
(a) All work performed in the construction, repair, replacement, alteration or
expansion of any Improvements shall be performed as expeditiously as possible and in such a manner as
not to unreasonably interfere, obstruct or delay (i) access to or from the Shopping Center, or any part
thereof, to or from any public right-of-way, (ii) customer vehicular parking in that portion of the
improved Common Area located in front of any Building constructed in the Shopping Center, or (iii) the
receiving of merchandise by any business in the Shopping Center, including, without limitation, access to
its Building. In addition, all work performed on Improvements on the Outparcels shall not unreasonably
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Instrument# 2008001223 Book 727 Page 1751
interfere, obstruct or delay 0) construction work being performed on any other Parcels, or (ii) the use,
enjoyment or occupancy of any other Parcels. Unless otherwise specifically stated herein, the Person
contracting for the performance of such work ("Contracting Party") shall, at its sole cost and expense,
promptly repair and restore or cause to be promptly repaired and restored to its prior condition all
Buildings, signs and Common Area improvements damaged or destroyed in the performance of such
work.
(b) The Contracting Party (as defined in Section 2.4(a) above) shall not permit any
mechanics', materialmen's or other professional services liens (as contrasted with consensual monetary
liens such as construction and/or permanent financing) to stand against any other Parcel for any work
done or materials furnished in connection with the performance of the work described in subparagraph
(a) above; provided, however, that the Contracting Party may contest the validity of any such lien, but
upon a final determination of the validity thereof, the Contracting Party shall cause the lien to be satisfied
and released of record. The Contracting Party shall, within thirty (30) days after receipt of written notice
from the Owner or Prime Lessee of any Parcel encumbered by any such lien or claim of lien,
(notwithstanding that a final determination of validity has not been made) (i) cause any such outstanding
lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, or
(ii) subject to approval of the Owner of the Parcel against which the lien or claim of lien is imposed give
such assurance as would enable a title insurance company to insure over such lien or claim of lien, failing
which the Owner or Prime Lessee of said Parcel shall have the right, at the Contracting Party's expense,
to transfer said lien to bond. The Contracting Party shall indemnify, defend, protect and hold harmless
the Owners and Occupants for, from and against any and all liability, claims, damages, expenses
(including reasonable attorneys' fees and costs and reasonable attorneys' fees and costs on any appeal),
liens, claims of lien, judgments, proceedings and causes of action, arising out of or in any way connected
with the performance of such work, including an Owner's or Occupant's own negligence, unless such
cause of action is solely the result of the negligent or willful misconduct of the indemnified Owner or
Occupant.
(c) Staging for the initial construction of Buildings not covered by the Development
Agreement, or the replacement, alteration or expansion of any Improvements located in the Shopping
Center including, without limitation, the location of any temporary buildings or construction sheds, the
storage of building materials, and the parking of construction vehicles and equipment shall (i) be located
solely on the constructing Owner's Parcel, or (ii) be limited to specific areas ("Staging Area") of the
Shopping Center designated on the Site Plan or otherwise approved in writing by the Consenting Owners.
Each Staging Area on any Parcel shall be located in such a way that it will not interfere with the use of
the Common Area on any other Parcel. The Staging Areas, on the Wal-Mart Parcel, shall be at least fifty
(50) feet from any point on the Home Depot Parcel. The Staging Area on the Home Depot Parcel shall
be at least fifty (50) feet from any point on the Wal-Mart Parcel. The Staging Area for each Outparcel
shall be located on that Outparcel unless the Owner of the Outparcel obtains the consent of the Owner on
whose Parcel it proposes to locate said Staging Area. At the request of any Consenting Owner, any
Staging Area for an Outparcel shall be enclosed by a safety fence. Upon completion of such work, the
constructing Parry shall, at its expense, restore any damaged Common Area to a condition equal to or
better than that existing prior to commencement of such work.
2.5. Temporary License: Each Owner hereby grants to the other Owners a temporary license
for access and passage over and across the Common Area located on the granting Owner's Parcel, to the
extent reasonably necessary for such Owner to construct and/or maintain improvements upon its Parcel;
provided, however, that such license shall be in effect only during periods when actual construction
and/or maintenance is being performed, and provided further that the use of such license shall not
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Inq<trumentf 2008001223 Book 727 Page 1752
unreasonably interfere with the use and operation of (i) any business conducted by an Owner or
Occupant, or (ii) the Common Area on the granting Owner's Parcel. Prior to exercising the rights granted
herein, an Owner shall provide each granting Owner with a written statement describing the need for
such license, and shall furnish a certificate of insurance showing that its contractor has obtained the
minimum insurance coverage required by this Agreement. The Owner shall promptly pay all costs and
expenses associated with such work, shall complete such work as quickly as possible, and shall promptly
clean and restore the affected portion of the Common Area on the granting Owner's Parcel to a condition
which is equal to or better than the condition which existed prior to the commencement of such work.
2.6. Indemnity: In addition to the indemnification provided in Section 12.3 below, each
Owner shall indemnify, defend, protect and hold every other Owner and their respective officers,
directors, shareholders, employees and agents harmless for, from and against any and all Claims arising
out of or related to injury to or death of any person or damage to or destruction of any property occurring
on any Parcel and arising out of or resulting from any construction activities performed by or at the
request of an Owner or its Occupants, including an Owner's or Occupant's own negligence, unless such
damage or destruction is caused solely by the negligent or willful act or omission of the indemnified
Owner.
2.7. Approval Procedures:
(a) Before any action requiring the Consenting Owners' approval is commenced,
sufficient information shall be sent to the Consenting Owners to enable the Consenting Owners to make a
decision as to the proposal. Each Consenting Owner shall have the right to approve or disapprove the
proposal in accordance with the manner and time procedures set forth in Section 14.6 below, and if such
Consenting Owner disapproves the proposal, it shall provide a written explanation in reasonable detail of
its reasons for disapproval,
(b) No Consenting Owner shall be liable in damages or otherwise for any reason,
including any mistake in judgment, negligence or nonfeasance, arising out of or in connection with the
approval or disapproval or failure to approve or disapprove any proposal submitted pursuant to this
Agreement. Each Owner agrees that, by acquiring title to its Parcel and submitting its proposed
construction plans, it will not bring any action or suit against any Consenting Owner to recover any such
damages. In addition, each Owner shall indemnify, defend, protect and hold the Consenting Owners and
their respective officers, directors, shareholders, employees and agents harmless for, from and against
any and all Claims arising out of or related to the approval or disapproval of its proposed construction
plans submitted to a Consenting Owner by or on behalf of such Owner or its Occupants, No approval
shall be considered an approval of the proposed construction plans from an engineering perspective or a
determination that they meet building, environmental or engineering design standards, or that any such
improvements have been built in accordance with such plans.
3. EASEMENTS
3.1. Ingress Egress and Parking: Each Owner, as grantor, hereby grants to each other Owner,
as grantee, for the benefit of each Parcel belonging to the other Owners, and for the use of said owner
and its Pcrmittees, a perpetual nonexclusive easement for ingress and egress by vehicular and pedestrian
traffic together with the right to park (subject to the terms of Section 4.1) upon, over and across that
portion of the Common Area located on the grantor's Parcel(s), except for those areas devoted to Service
Areas. The easement herein created shall include but not be limited to access to and from Hyatt Creek
Road and Main Street across each Parcel as shown on the Site Plan. In the event that Developer grants
rights to the Common Area to the owners and occupants of the Adjacent 17 Acres the easement for
9
Instrumnt# 2008001223 Book 727 Page 1753
ingress and egress (but not parking) herein created as well as those easement rights created by 3.3 hereof,
shall run for the benefit of the Adjacent 17 Acres. Notwithstanding anything to the contrary herein
contained, in no event shall the owner, occupant, licensee, or invitee of any Outparcel be permitted to use
the Wal-Mart Parcel, the Home Depot Parcel or the Developer Parcel for vehicular parking, nor shall the
owner, occupant, licensee or invitee of the Wal-Mart Parcel, the Home Depot Parcel or the Developer
Parcel utilize the Outparcels for vehicular parking. It is additionally understood and agreed that neither
Wal-Mart nor Home Depot shall obstruct the "turnaround" drive which shall be used by trucks servicing
the Wal-Mart Parcel and Home Depot Parcel, as such drive is located on EZibibit A, without the express
written consent of the other party.
3.2. Reserved
3.3. Utility Lines and Facilities:
(a) Each Owner, as grantor, hereby grants to each other Owner, as grantee, for the
benefit of each Parcel belonging to the other Owners, a perpetual nonexclusive easement under, through
and across the Common Area of the grantor's Parcel(s) for the installation, operation, flow, passage, use,
maintenance, connection, repair, relocation, removal and replacement of Utility Lines, subject to the
written approval of the granting Owner as to the location of such Utility Lines, and otherwise consistent
with the Approved Plans. All such Utility Lines shall be installed and maintained below the ground level
or surface of such easements, except that fire hydrants, ground mounted electrical transformers and such
other facilities as are required to be above ground by the utility providing such service (including
temporary service required during the construction, maintenance, repair, replacement, alteration or
expansion of any Buildings or improvements located in the Shopping Center) or which have been
approved by the Consenting Owners shall be permitted. The easement area shall be no wider than
necessary to reasonably satisfy the requirements of it private or public utility, or five feet (5') on each side
of the centerline if the easement is granted to a private party. The installation, operation, maintenance,
repair and replacement of such easement facilities shall not unreasonably interfere with the use of the
Common Area or with the normal operation of any business in the Shopping Center. The grantee shall
bear all costs related to the installation, operation, maintenance, repair and replacement of such easement
facilities, shall repair to the original specifications any damage to the Common Area resulting from such
use, and shall provide as-built plans for all such facilities to the Owners of all Parcels upon which such
Utility Lines are located within thirty (30) days after the date of completion of construction of the
easement facilities. Notwithstanding anything to the contrary heroin, each Owner shall use its best
efforts to cause the installation of such utility and service lines prior to the paving of the Common Areas.
Notwithstanding anything to the contrary contained in this Section 3.3(a), no utilities shall be relocated
on Wal-Mart Parcel, the Home Depot Parcel or the Developer Parcel without the consent of the Owner of
said Parcel which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Notwithstanding the grant of easement for sewer lines included within Section
3.3(a) above, any connections to sewer lines, if such connections are not shown on the Approved Plans,
may only be made in the event that (i) the Owner of a Parcel benefiting from the sewer line easement (a
"Grantee Parcel") makes at its sole expense any and all improvements to the sewer lines and systems
(including, without limitation, any lift stations) as are necessary or required in order to increase the
capacity of the sewer lines and systems to adequately serve the Grantee Parcel pursuant to plans and
specifications that comply with the requirements of all Governmental Regulations and that are first
approved by the Consenting Owners and the Owner of the Parcel burdened by the sewer line easement (a
"Grantor Parcel"), (ii) the Owner of the Grantee Parcel procures all permits, licenses and approvals and
pays any and all tap-on or similar fees required to make any such improvements and to so utilize and
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Inatrument# 2008001223 Book 727 Page 1754
connect with such sewer lines and systems, and (iii) the Owner of the Grantee Parcel pays for increased
costs of maintenance and repair due to such development work. Notwithstanding the preceding sentence,
so long as a Consenting Owner complies with the requirements of all Governmental Regulations, such
Consenting Owner will not be required to obtain the approval of the Owner of the Grantor Parcel as set
forth in subsection (bxi) above.
(c) At any time and from time to time an Owner shall have the right to install, repair,
maintain and/or relocate on its Parcel any Utility Line installed (or to be installed) pursuant to the
foregoing grant of easement which is then located (or to be located) on the Parcel of such Owner,
provided that (i) in the case of an installation or relocation, such installation or relocation shall be
performed only after thirty (30) days' notice in writing of the Owner's intention to undertake the
relocation shall have been given to the Owner of each Parcel served by the Utility Line, (ii) in the case of
a repair and/or maintenance, such repair and/or maintenance shall be performed only after ten (10) days
notice in writing of the Owner's intention to undertake repair and/or maintenance shall have been given
to the Owner of each Parcel served by the Utility Line, except in the case of an emergency (defined as
any situation where there is an imminent threat of harm to persons or property), when such notice shall
be given a reasonable period in advance of such emergency repair as is practicable, (iii) any such repair,
maintenance and/or relocation shall not unreasonably interfere with or diminish utility service to the
Parcels served by the Utility Line, (iv) any such repair, maintenance and/or relocation shall not reduce or
unreasonably impair the usefulness, capacity or function of the Utility Line, (v) any such repair,
maintenance and/or relocation shall be performed without cost or expense to the Owner or Occupant of
any other Parcel, (vi) any such repair, maintenance and/or relocation shall provide for the original and
relocated area (if applicable) to be restored using materials and design standards which equal or exceed
those originally used, (vii) any such repair, maintenance and/or relocation shall not interfere with the
business operation of any of the Owners or Occupants of the Shopping Center, (viii) if an electrical
line/computer lineltelephone line is being relocated, the grantor and grantee shall coordinate such
interruption to eliminate any detrimental effects (provided, however, that if the relocation of such line
affects the Home Depot Parcel, the Wal-Mart Parcel, or the Developer Parcel, the Owner of such Parcel
may in its sole discretion disapprove of such relocation). The Owner performing such relocation shall
provide as-built plans for all such relocated Utility Lines to the Owners of all Parcels served by such
Utility Lines within thirty (30) days after the date of completion of such relocation.
(d) The terms and provisions of Section 3.1 and 3.3 shall survive the expiration or
earlier termination of this Agreement.
3.4. Signs: Each Owner, as grantor, hereby grants to each other Owner, as grantee, for the
benefit of each Parcel belonging to the other Owners, a non-exclusive easement under, through and
across the Common Area of the grantor's Parcel(s) for the installation, operation, maintenance, repair and
replacement of the free-standing signs referred to in Section 4.3 of this Agreement and all Utility Lines
appurtenant thereto. No signage (temporary or otherwise, including, but not limited to, an electronic
marquee) with respect to Persons who are not Owners or Occupants shall be permitted on any Center
Pylon Signs or within the Shopping Center, except, if Developer elects to grant signage rights to the
Adjacent 17 Acres within the Common Area of the Developer Parcel, provided that such grant shall not
interfere with the signage or display rights of Home Depot, Wal-Mart, or Developer in the Shopping
Center or the visibility of the Center Pylon Signs.
3.5. Dedication to Public Entities: Without the prior written consent of the Consenting
Owners, which consent may be granted or withheld in the sole and absolute discretion of each
Consenting Owner, no Owner shall grant any easement for the benefit of any property not within the
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Inotrument# 2008001223 Book 727 Page 1755
Shopping Center except the Adjacent 17 Acres as heroin permitted; provided, however, that the foregoing
shall not prohibit the granting or dedicating of easements by an Owner on its Parcel to governmental or
quasi-governmental authorities or to public utilities to service the granting Owner's Parcel.
3.6. No Merger: Notwithstanding an Owner's ownership of more than one Parcel, the
easements granted hereunder shall burden and benefit each Parcel individually, without merger as a result
of such common ownership, and upon conveyance of a Parcel so that such Parcel ceases to be under
common ownership, neither the Owner conveying said Parcel nor the Owner acquiring said Parcel shall
need to execute additional documentation to evidence the existence of said easements, and said
easements shall relate back to and shall be deemed to have been created as of the date this Agreement is
recorded in the office of the recorder of the county in which the Shopping Center is located.
3.7. Permanent Drive: Unless otherwise approved in writing by the Consenting Owners,
which approval may be withheld in each Consenting Owner's sole and absolute discretion, Permanent
Drives shall not be materially altered or modified in a manner which would be materially detrimental to
any Parcel,
3.8. Storm Drainage and Detention Easements:
3.8.1. Each Owner hereby grants and conveys to each other Owner owning an adjacent Parcel
the perpetual right and casement to discharge surface storm water drainage and/or runoff from the
grantee's Parcel over, upon and across the Common Area of the grantor's Parcel, upon the following
conditions and terms: (i) the grades and the surface water drainage/retention system for the Shopping
Center shall remain in strict conformance with the Approved Plans, and (ii) no Owner shall alter or
permit to be altered the surface of the Common Area or the drainage/retention system constructed on its
Parcel if such alteration is not in conformance with the Approved Plans or would materially increase the
flow of surface water onto an adjacent Parcel either in the aggregate or by directing the flow of surface
water to a limited area. All surface water collection, retention and distribution facilities shall be deemed a
Utility Line. All drains, gutters, downspouts, berms, swales, and other drainage facilities and systems
(collectively, "Systems") shall be maintained by each Owner, with respect to the portion of each such
System located upon an Owner's Parcel, in a neat, orderly, safe and sanitary condition, and in such a
manner as to facilitate the orderly discharge of water by means thereof.
3.8.2. The Owner of each Parcel hereby grants and conveys to the Owner of the other Parcels,
as an appurtenance to the other Parcel(s), a perpetual, non-exclusive right and casement to drain storm
water run-off from the other Parcel(s) onto and across the burdened Parcel, including the right to use and
impound storm water within the storm water detention or retention facility, if any, to be located on the
Parcel of another Owner ("Retention Pond") provided such is in accordance with the Approved Plans and
to construct, subject to Section 3.3(a), the Utility Lines to dram to the Retention Pond. Subject to
compliance with Section 10,2 hereof, the Owners of each Parcel grants to the Owner of the other Parcels
a perpetual, non-exclusive right, but not an obligation, and easement in, to, over, under and across the
burdened Parcel to maintain, repair, and replace storm drainage lines, pond and systems from the
benefited Parcel onto and across that portion of the burdened Parcel as is necessary to use the Retention
Pond provided such is in accordance with the Approved Plans. The Owner of the Wal-Mart Parcel
agrees to reimburse to the Owner of the Developer Parcel, on an annual basis, a proportionate amount of
the cost (including reasonable administrative expenses) of maintaining the Retention Pond on the
Developer Parcel into which the Wal-Mart Parcel drains storm water. The proportionate amount shall be
computed by calculating the relative square footage of Buildings upon the Parcels draining into said
Retention Pond and multiplying such proportion by the cost of maintenance. Developer shall indemnify,
defend, protect and hold Wal-Mart and its respective officers, directors, shareholders, employees and
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Ingtrument# 2008001223 Book 727 Page 1756
agents harmless for, from and against any and all damages arising out of Wal-Mart's use of the Retention
Pond on the Developer Parcel unless such damage or destruction is caused by the negligent or willful acts
or omissions of Wal-Mart or unless such damage or destruction is caused by contamination which was
not pre-existing as of the date of this Agreement emanating from the Wal-Mart Parcel. Further,
Developer agrees to indemnify defend, protect and hold Wal-Mart and Home Depot and their respective
officers, directors, shareholders, employees and agents harmless for, from and against any and all
damages arising out of its construction and design of the Retention Pond and its related facilities,
including any and all storm basins, bio-retention basins and sand filters.
3.8.3, Any alteration in the natural water flow which may occur as a natural consequence of
normal construction activities and the existence of permitted improvements upon a Parcel including those
shown on the Site Plan (including without limitation building and building expansions, curbs, drives and
paving) shall be permitted.
3.9 Encroachment: in the event that building wall footings encroach from one Parcel onto another
Parcel, despite reasonable efforts to avoid such encroachment the Owner of the Parcel upon which the
encroachment is located shall cooperate in granting an encroachment license or easement to the Owner of
the Parcel whose building encroaches.
4. OPERATION OF COMMON AREA
4.1. Parking:
(a) There shall be no charge for parking in the Common Area without the prior
written consent of the Consenting Owners or unless otherwise required by law. Notwithstanding
anything to the contrary herein, each party shall use reasonable efforts to ensure that customers and
invitees shall not be permitted to park on the Common Areas except while shopping or transacting
business in the Shopping Center. The parking area on each Parcel shall contain sufficient ground level
parking spaces (exclusive of parking spaces used for cart corrals and/or recycle centers) in order to
comply with the following minimum requirements, without reliance on parking spaces located on any
other Parcel:
(i) At least the minimum parking ratio as required by the governing
regulation or ordinance, without the need for a parking variance on the Home Depot Parcel unless a
Restaurant is located thereon in which event the parking ratios set forth in (iii) below shall govern;
(ii) At least the minimum parking ratio as required by the governing
regulation or ordinance, without the need for a parking variance on the Wal-Mart Parcel unless a
Restaurant is located thereon in which event the parking ratios set forth in (iii) below shall govern;
(iii) At least a minimum parking ratio of 15.0 for each one thousand (1,000)
square feet of Floor Area for a McDonald's or any Restaurant of five thousand (5,000) or greater square
feet of Floor Area operating on the Developer Parcel; at least a minimum parking ratio of 8.0 for each
one thousand (1,000) square feet of Floor Area for any Restaurant with less than five thousand (5,000)
square feet of Floor Area operating on the Developer Parcel; and at least a minimum parking ratio of 5.0
parking spaces for each one thousand (1,000) square feet of Floor Area for any other use on Developer
Parcel;
(iv) At least a minimum parking ratio of 15.0 for each one thousand (1,000)
square feet of Floor Area for a McDonald's or any Restaurant of five thousand (5,000) or greater square
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Instrument# 2008001223 Book 727 page 1757
feet of Floor Area operating on the Outparcel 1; at least a minimum parking ratio of $.0 for each one
thousand (1,000) square fat of Floor Area for any Restaurant with less than five thousand (5,000) square
feet of Floor Area operating on the Outparcel 1 Parcel provided, however, a business whose primary
operation includes the sale of coffees, teas and other similar beverages (including but not limited to
Starbuck's, Caribou Coffees, Seattle's Rest or similar "coffee shop") shall not be deemed a Restaurant
use for purposes of this provision; and at least a minimum parking ratio of 5.0 parking spaces for each
one thousand (1,000) square feet of Floor Area for any other use on Outparcel I Parcel. At least the
minimum parking ratio as required by the governing regulation or ordinance shall be required on
Outparcel 3 and 4, individually;
(v) If a business use contains a drive-up or drive-thru unit (such as a remote
banking teller or food ordering/dispensing facility, (but specifically excluding the customer loading areas
located on the Home Depot Parcel and the Wal-Mart Parcel and excluding the Pharmacy Drive Up on the
Wal-Mart Parcel) and exclusive of any business on Outparcel 3 or 4 then there shall also be created space
for stacking not less than three (3) automobiles (exclusive of any drive-aisle) for each drive-up unit;
(b) If an Owner or Occupant operates a Restaurant incidentally to its primary
business purpose, then so long as such incidental operation continues, the portion of the Floor Area
occupied by such Restaurant shall be excluded from the application of subsections (Iii), (iv), and (v) and
(vi) above. For purposes of this clause only, a Restaurant shall be an "incidental operation" if it occupies
less than seven percent (7%) of the Occupant's Floor Area and does not have a separate customer
entry/exit door to the outside of the Building. In the event an Occupant utilizes Floor Area for both
Restaurant and retail purposes, and such Restaurant purpose is not an "incidental operation", only the
portion of Floor Area allocated for Restaurant purposes shall be subject to the application of subsections
(v) and (vi) above.
(c) If the minimum number of parking spaces required by Governmental Regulations
is greater than the minimum requirements set forth above, then the minimum number of parking spaces as
required by Governmental Regulations shall control. If the maximum parking spaces permitted by
Governmental Regulations is less than the minimum requirements set forth above, then the maximum
number permitted by Governmental Regulations shall control.
(d) In the event of a condemnation of part of a Parcel or sale or transfer in lieu
thereof that reduces the number of usable parking spaces below that which is required in this Section 4. 1,
the Owner whose Parcel is so affected shall use its best efforts (including, without limitation, using
proceeds from the condemnation award or settlement) to restore and/or substitute parking spaces in order
to comply with the parking requirements set forth in this Section 4.1. If such compliance is not possible,
the Owner whose Parcel is so affected shall not be deemed in default hereunder, but such Owner shall
not be permitted to expand the amount of Floor Area located upon its Parcel. If such Floor Area is
thereafter reduced other than by casualty, the Floor Area on such Parcel may not subsequently be
increased unless the parking requirement is satisfied.
4.2. Employee Parking: Anything in this Agreement to the contrary notwithstanding, areas to
be used for motor vehicle parking by employees of Occupants of the Shopping Center shall be in the
areas designated on the Site Plan as "Employee Parking Area." In the event employee parking areas are
designated as provided herein, employees of any Owner or Occupant of any part of the Shopping Center
shall use only those portions of the Common Area designated for such motor vehicle parking purposes. In
no event shall any employees of any business other than the businesses conducted on a particular Parcel
park on that particular Parcel.
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Instrument## 2008001223 Book 727 page 1758
4.3. Signs:
(a) No free-standing, permanent sign structures other than the Center Pylon Signs,
signs described in Section 4.3(b) below, or small directional signs may be erected or maintained in the
Shopping Center by any Party. The Owner of the Home Depot Parcel shall have the top designation on
the Center Pylon Sign located along Main Street (aka U.S. 23 Business) (the "Main Street Center Pylon
Sign"). The Owner of the Wal-Mart Parcel shall have the second highest designation on the Main Street
Center Pylon Sign. The Owner of the Wal-Mart Parcel shall have the top designation on the Center
Pylon Sign located along Hyatt Creek Road (the "Hyatt Center Pylon Sign" which together with the Main
Street Center Pylon Sign arc referred to as the "Center Pylon Signs"). The Owner of the Home Depot
Parcel shall have the second highest designation on the Hyatt Center Pylon Sign. The Developer shall
have the right to designate the third position, as well as any additional signage on the Center Pylon Sign.
Developer shall initially construct the Center Pylon Signs and the Owner of the Wal-Mart Parcel and the
Owner of the Home Depot Parcel shall each reimburse Developer for a proportionate share of the cost
thereof based upon the proportion of each Owner's square footage as shown on Exhibit C as such may be
modified by the parties in the Development Agreement - Home Depot and/or the Development
Agreement - Wal-Mart. The cost of maintaining, insuring, repairing and replacing the Main Street Center
Pylon Sign(s) structure (including electrical hookup to a common meter) shall be paid by the Owner of
the Home Depot Parcel. The cost of maintaining, insuring, repairing and replacing the Hyatt Center
Pylon Sign(s) structure (including electrical hookup to a common motor) shall be paid by the Owner of
the Wal-Mart Parcel. The Owner of the Home Depot Parcel and the Owner of the Wal-Mart Parcel shall
be entitled to be reimbursed for such costs by the Owners of all Parcels entitled to display designations
thereon in the proportion that the total square footage of each Owner's designation or designations bears
to the total square footage of all designations entitled to be displayed thereon. Each Person displaying a
designation on a Center Pylon Sign shall supply and maintain its own sign fascia and can. The design of
the Center Pylon Sign structures shall be as shown on Exhibit C hereto or as otherwise approved by the
Consenting Owners. Any changes shall be subject to the approval of the Consenting Owners. Once
constructed, no freestanding sign may be constructed, taken down, altered or modified without the prior
written approval of each of the Consenting Owners.
(b) Provided the signage otherwise permitted by Governmental Regulations to the
Owner of the Home Depot Parcel and on the Center Pylon Sign(s) is not adversely affected thereby, each
Outparcel may have, subject to Governmental Regulations, one free-standing, permanent monument sign
structure (not to exceed 6' in height) on said Outparcel, at the location designated on the Site Plan. Such
sign structure shall display a single designation for an Occupant of the Outparcel. The initial design of
the sign structure (including, without limitation, height and size) shall conform to the sign drawings and
criteria attached hereto as Exhibit "C-1" and incorporated herein. The cost of constructing, installing,
maintaining, insuring, operating, repairing and replacing such sign structure and sign fascia shall be paid
by the applicable Owner of the Outparcel upon whose Parcel such monument sign is located. If more
than one Occupant of the Shopping Center is designated on a sign structure located on an Outparcel, the
Owner of the Outparcel shall be responsible for the cost of constructing, installing, maintaining, insuring,
operating, repairing and replacing the sign structure (including electrical hookup to a common meter),
and such Owner of the Outparcel shall be reimbursed by the Owners of all other Parcels displaying
designations on the sign structure located on such Outparcel in the proportion that the total square
footage of each Owner's designation or designations bears to the total square footage of all designations
displayed thereon.
(c) Except as set forth in subsections (a) and (b) above, or otherwise approved by
the Consenting Owners, all signs on the Outparcels shall conform with the following standards:
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Instxuawnt# 2008001223 Book 727 Page 1759
(i) All exterior Building signs shall be restricted to identification of the
business or service located or provided therein.
(ii) No exterior Building or free-standing sign shall utilize flashing, moving
or audible lights or appurtenances.
(iii) No signs shall obstruct, visually or otherwise, the ingress and egress
shown on Exhibit A.
4.4. Protection of Common Area: Each Owner and Occupant shall have the right to take such
steps as It deems necessary to prevent those Persons not authorized by this Agreement to use the
Common Area from using the Common Area for ingress, egress, parking or any other purpose. Subject to
Governmental Regulations, such steps shall include, without limitation, the construction of fences, walls
or barricades along the boundary lines of any portion of the Shopping Center except along the common
boundary line of any Parcel with any other Parcel; provided, however, that any impairment of vehicular
access to or from the Shopping Center, or any part thereof, shall require the Consenting Owners' prior
written approval, which may be withheld in such Consenting Owners' sole and absolute discretion.
4.5. Changes to Common Area:
(a) Except as expressly permitted by this Agreement, no other improvements shall
be placed in the Common Area without the prior written approval of the Consenting Owners except (i)
Service Areas in accordance with the requirements of paragraph (b) below, (ii) public pay telephones
provided their location has been approved in writing by the Owner in such Owner's sole discretion on
whose Parcel such will be located, (iii) temporary booths, stands, displays, tents or other structures or
equipment used for sales in the parking area on the Home Depot Parcel and the WO-Mart Parcel in the
areas designated within the Site Plan for Seasonal Sales. Persons using the Commons Area in
accordance with this Agreement shall not be charged any fee for such use. Each Owner agrees that to the
extent permitted by law the Owner will not consent to the utilization of its Property for rallies,
demonstrations, protests, picketing, or handbilling to protest, publicize, or allege improprieties regarding
the actions, policies or operating practices of any business operating within the Shopping Center.
(b) The sixes and arrangements of Common Area improvements may not be
materially changed without the Consenting Owners' prior written approval. A Consenting Owner may
withhold its consent to any material change to the entrances or exits to or from the Shopping Center or to
any changes in the parking configuration or traffic circulation in its sole and absolute discretion. Except
as otherwise provided herein, a,Consenting Owner shall not unreasonably withhold, condition or delay its
consent to changes in the Common Area improvements provided that the parking complies in all respects
with Section 4.1. Nothing in this Section 4.5 shall be interpreted to require the Consenting Owners'
approval to (i) the construction, alteration or relocation of any Service Areas to the extent that they are
located, and do not impede access, to the rear or sides of Buildings, or (ill) the location or relocation of
items which are permitted to be placed in the Common Area without consent pursuant to paragraph
(axiii) above.
RESTRICTIONS ON USE
5.1 Home Improvement Store Restrictions: As long as it home improvement store is being
operated upon the Home Depot Parcel no portion of the Shopping Center, except for the Home Depot
Parcel and Wal-Mart Parcel, shall be used for a home improvement center or for any business which
sells, displays, leases, rents or distributes the following items or materials, singly or in any combination,
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In$trwmentf 2008001223 Book 727 Page 1760
lumber, hardware, tools, plumbing supplies, pool supplies, electrical supplies, paint, kitchen or
bathrooms or components thereof (including tubs, sinks, faucets, mirrors, cabinets, showers, vanities,
countertops and related hardware), windows, hard and soft flooring (including tile, wood flooring, rugs
and carpeting), siding, ceiling fans, gardening and garden nursery supplies, outdoor cooking equipment
and accessories, patio furniture and patio accessories, Christmas trees, indoor and outdoor lighting
systems and light fixtures, kitchen and household appliances, except for the incidental sale of such items.
An "incidental sale of such items" is one in which there is no more than the lesser of (i) five percent (5%)
of the total Floor Area of such business, or (ii) 1,000 square feet of sales and/or display area, relating to
such items individually or 2,500 square feet in the aggregate.
5.2. Wal-Mart Restrictions: Wal-Mart Restrictions: As long as Wal-Mart, or any affiliate of
Wal-Mart, is the operator of the Wei-Mart Parcel, either as owner or lessee, no portion of the Shopping
Center, except the Wal-Mart Parcel and the Home Depot Parcel, shall be leased or occupied by or
conveyed to any other party for use as (i) a membership warehouse club, (ii) a discount department store
or other discount store, as such terms are defined below, (iii) a variety, general or "dollar" store in excess
of five thousand (5,000) square feet, (iv) a grocery store or supermarket as such terms are defined below,
(v) a pharmacy, or (vi) as any combination of the foregoing uses. In the event of a breach of this
covenant, Wal-Mart shall have the right to seek any and all remedies afforded by either law or equity,
including, without limitation, the rights to injunctive relief in accordance with Section 10 hereof.
"Grocery store" and "supermarket", as those terms are used herein, shall mean a food store or a food
department containing more than 10,00 square feet of building space used for the purpose of selling
food for off premises consumption, which shall include but not be limited to the sale of dry, refrigerated
or frozen groceries, meat, seafood, poultry, produce, delicatessen or bakery products, refrigerated or
frozen dairy products, or any grocery products normally sold in such stores or departments. "Discount
department store" and/or "discount store", as those terms are used herein, shall mean a discount
department store or discount store containing more than 35,000 square feet of building space used for the
purpose of selling a full line of hard goods and soft goods (e.g. clothing, cards, gifts, electronics, garden
supplies, furniture, lawnmowers, toys, health and beauty aids, hardware items, bath accessories and auto
accessories) at a discount in a retail operation similar to that of Wal-Mart.
5.3. Shopping Center Restrictions:
(a) No portion of the Shopping Center shall be used for any of the following
purposes: a flea market or a business selling so-called "second hand" goods (the term "second hand"
shall mean stores which sell goods primarily as a service to the public rather than to a retail customer for
a profit); a surplus store; a gun range; the sale of guns as a primary use; car wash facility (except on the
Home Depot Parcel); a warehouse; an animal kennel; auditorium; sports or entertainment viewing facility
(whether live, film, audio visual or video); a movie theater; bowling alley; skating rink; fitness center;
workout facility, exercise facility, gym or health spa or studio in excess of ten thousand (10,000) square
feet; cafeteria, restaurant, which derives more than fifty percent (50%) of their gross sales from alcohol
sales; cemetery; mortuary; any establishment engaged in the business of selling, exhibiting or delivering
pornographic or obscene materials; a so-called "head shop"; off-track betting parlor; junk yard; recycling
facility or stockyard; motor vehicle or boat dealership, repair shop (including lubrication and/or service
center) that stores vehicles outdoors overnight, except for a tire and battery operation upon the Wal-Mart
Parcel in conjunction with its general merchandising use, body and fender shop, or motor vehicle or boat
storage facility (neither the foregoing restriction nor anything else in this Agreement to the contrary shall
preclude the Owner of the Home Depot Parcel's sale or rental of delivery vehicles and trailers to its
customers as part of its home improvement business); a mini-storagc or self-storage facility; a loundromat
or dry-cleaning facility (but this shall not be deemed to prohibit nominal supportive facilities for on-site
17
Instrument# 2008001223 Hook 727 Page 1761
service oriented to pickup and delivery by the ultimate consumer); a bar, tavern or cocktail lounge; a
discotheque, dance hall, comedy club, night club or adult entertainment facility; billiard or pool hall;
massage parlor, game parlor or video arcade (which shall be defined as any store containing more than
three (3) electronic games); a beauty school, barber college, reading room, place of instruction or any
other operation catering primarily to students or trainees and not to customers (but shall specifically not
prohibit a school which is incidental to a primary retail purpose or an instructional use such as Weight
Watchers), office usage other than incidental in connection with non-prohibited uses; industrial,
residential or manufacturing uses, school or house of worship.
(b) Without the prior written consent of the Consenting Owners, the following shall
not be allowed to operate in the Shopping Center or Common Area, except as otherwise permitted in this
Agreement: traveling carnivals, fairs, auctions, shows, kiosks, booths for the sale of fireworks, sales by
transient merchants utilizing vehicles or booths and other promotions of any nature. Except as otherwise
permitted in this Agreement, in the event that unauthorized Persons, including without limitation tenants
or invitees of tenants occupying Buildings now or at any future time located in the Shopping Center,
utilize the parking area for other than temporary parking by customers while shopping in the Shopping
Center, any Consenting Owner may take whatever action as shall be necessary to prevent said
unauthorized use, Notwithstanding the foregoing none of the aforementioned uses shall be permitted
upon an Outparcel without the consent of the Owner of said Outparcel and the Consenting Owner.
(c) No portion of the Shopping Center shall be used for a business or use which
creates strong, unusual or offensive odors, fumes, dust or vapors; emits noise or sounds which are
objectionable due to intermittence, beat, frequency, shrillness or loudness; creates unusual fire, explosive
or other hazards, or materially increases the rate of insurance for any other Parcel, Owner or Occupant;
provided however, the operation of a typical Home Depot home improvement store and the operation of a
typical Wal-Mart Superstore shall not be deemed to be in violation of this Section 5.2(c).
(d) No oil development operations, oil refining, quarrying or mining operations of
any kind shall be permitted upon or in any portion of the Parcels, nor shall oil wells, tanks, tunnels, or
mineral excavation or shafts be permitted upon the surface of any portion of the Parcels, or within five
hundred (500) feet below the surface of any of the Parcels. No derrick or other structure designed for use
in boring for water, oil, natural gas or other minerals shall be erected, maintained or permitted on any
portion of the Shopping Center.
(e) No portion of the Common Area shall be used for the sale, storage or display of
merchandise or food; provided, however, that (i) the display of delivery vehicles for sale and/or rental to
its customers as part of the Owner of the Home Depot Parcel's home improvement business shall be
permitted, (ii) the seasonal sale of merchandise by the Owner or Occupant of the Home Depot Parcel and
the Wal-Mart Parcel shall be permitted within the areas identified on the Site Plan for Seasonal Sales,
and (iii) the storage of merchandise in such areas on the Wal-Mart Parcel or the Home Depot Parcel shall
be permitted within the areas identified on the Site Plant for storage, Seasonal Sales or with Storage
Areas.
(f) For purposes of this Agreement, all Service Areas shall be the sole exclusive
property of the Owners of the Buildings associated with such areas and each Owner shall have the
exclusive right to use such areas for whatever purpose such Owner deems appropriate, including, without
limitation, the sale and display of merchandise.
(g) For purposes of this Agreement, Persons who are not Owners or Occupants
engaging in the following activities in any portion of the Common Area will not be considered to be
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Instrument# 2008001223 Book 727 Page 1762
Permittees under this Agreement: (i) exhibiting any placard, sign, or notice that does not advertise an
existing business in the Shopping Center; (ii) distributing any circular, handbill, placard, or booklet
promoting an existing business in the Shopping Center; (iii) soliciting memberships or contributions for
an existing business in the Shopping Center; (iv) parading, picketing, or demonstrating; and (v) failing to
follow regulations relating to the use of the Common Area.
(h) This Agreement is not intended to, and does not, create or impose any obligation
on a Party to operate, continuously operate, or cause to be operated a business or any particular business
in the Shopping Center or on any Parcel.
Nothing contained in this Section 5 shall be construed to restrict the operation of a typical Wal-
Mart on the Wal-Mart Parcel or a typical Home Depot on the Home Depot Parcel.
The foregoing restriction shall not limit the operating of a movie theatre, a fitness center, gym or
health spa in excess of 10,000 square feet, restaurant, hotel or motel, office building, place of instruction,
mini-storage or self storage facility upon the Adjacent 17 Acres.
6. MAINTENANCE STANDARDS
6.1. Maintenance Obligations: Each Owner shall, except as hereinafter provided, maintain at
its expense the Common Area (and the Improvements) on its Parcel at all times in good and clean
condition and repair and, where applicable, in compliance with the Brownfields Agreement, said
maintenance to include, without limitation, the following:
(a) Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a
level, smooth and evenly covered condition with the type of surfacing material originally installed or
such substitute as shall in all respects be equal or superior in quality, use and durability; and restriping,
when necessary, to maintain clearly visible parking stall and traffic control lines;
(b) Removing all papers, debris, filth and refuse from the Common Area and
washing or thoroughly sweeping the Common Area to the extent reasonably necessary to keep the
Common Area in a clean and orderly condition, unobstructed, and if applicable, free from ice and snow;
(c) Placing, painting, maintaining, repairing, replacing and repainting, as and when
necessary, all directional signs, markers, striping and pedestrian crossings upon or within the Common
Area;
(d) Maintaining, repairing and replacing, when necessary, (i) Service Areas, and (ii)
traffic directional signs, markers and lines, and all informational signs such as "Handicapped Parking", in
good repair and condition;
(e) Operating, maintaining, repairing and replacing, when necessary, such artificial
lighting facilities as shall be reasonably required, including, but not limited to, poles, pole bases, wiring,
lamps, ballasts, lenses, photocells, time clocks, and contacts. Each Owner shall maintain and provide
electricity to all lighting fixtures attached to its respective Building(s) at its sole cost and expense;
(f) Maintaining all landscaped areas; replacing shrubs and other landscaping as
necessary;
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Instrument# 2008001223 Book 727 Page 1763
(g) Maintaining, repairing and replacing, when necessary, all Common Area walls
(including, without limitation, all fences, walls or barricades constructed pursuant to Section 4.4 above);
(h) Maintaining, repairing and replacing, when necessary, all Common Area storm
drains, sewers, lift stations and other Utility Lines not dedicated to the public or conveyed to any public
or private utility which are necessary for the operation of the Buildings and Improvements located in the
Shopping Center; provided, however, the Owner shall not be responsible to, but may, pursuant to Section
3.3(c), maintain, repair and replace those certain Utility Lines (or portions thereof), except any line that
serves solely to supplement stormwater wetlands, if any, that serve exclusively Parcels other than the
Parcel on which the Utility Line requires such maintenance, repair or replacement;
(i) Performing itself or contracting with a competent third party or parties to
perform any of the services described herein;
(j) Maintaining commercial general liability insurance as set forth in Article 12
hereof;
(k) Keeping the Common Area and all common Utility Lines free from any
obstructions including those caused by the sale or display of merchandise, unless such obstruction is
permitted under the provisions of this Agreement; and
(1) Maintaining the Owner's entire Parcel, including without limitation its Buildings
and other Improvements, in compliance with the Brownfields Agreement and use restrictions.
All Parcels (including the Outparcels) shall be kept neat, orderly, planted in grass and trimmed
until improvements are constructed thereupon.
6.2. Duty to Maintain: Each Owner shall be responsible for the maintenance, insurance and
lighting of its own Parcel as enumerated in Section 6.1 above. In the event any Owner defaults in the
performance of such obligations, any other Owner may cause the performance of the obligations of the
defaulting Owner (except to the extent that such obligations relate to Buildings on the Wal-Mart Parcel
and the Home Depot Parcel pursuant to Section 6.1(m) above) and bill the defaulting Owner for the
expenses incurred. In such event, the notice and cure provisions and remedies of Sections 10.2, 11.1 and
11.2 shall apply.
6.3. Contribution to Maintenance of Railroad Crossing: FAch Owner shall be responsible to
contribute annually to the railroad's reasonable cost to maintain the grade crossing (including signals and
crossbars) to the Shopping Center from Main Street. Each Owner shall be required to contribute a
proportionate amount of the railroad's reasonable maintenance cost based upon the square footage of the
buildings upon each Owner's Parcel as compared with the total square footage of buildings within the
Shopping Center. The Owner of the Developer Parcel shall collect the contribution upon receipt of
invoice from the railroad.
6.4. Indemnity Against Liens: Each Owner shall indemnify, defend, protect and hold all other
Owners and Occupants harmless for, from and against any and all Claims in connection with any and all
liens arising out of any work performed, materials furnished to or obligations incurred by such Owner in
connection with the operation and maintenance of the Common Area hereunder.
7. LIGHTING
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Instxumen.0 2008001223 Book 727 Page 1764
After completion of the Common Area lighting system on its Parcel, each Owner hereby
covenants and agrees to keep its Parcel fully illuminated each day from dusk to at least 11:00 p.m. unless
the Consenting Owners agree upon a different time. Each Owner further agrees to keep any exterior
Building security lights on from dusk until dawn. Either Owner may require another Owner to illuminate
its Parcel beyond the required hours set forth above provided the requesting party agrees to reimburse the
other Owner for said Owner's additional out of pocket utility costs for lighting beyond the hours required
above. During the term of this Agreement, each Owner grants an irrevocable license to each other Owner
for the purpose of permitting the lighting from one Parcel to incidentally shine on the adjoining Parcels.
All exterior lighting fixtures and facilities on any portion of the Shopping Center shall be as set forth in
the Approved Plans.
8. PAYMENT OF TAXES
8.1. Taxes and Assessments: Each Owner shall pay direct to the tax collector, prior to
delinquency, the real property taxes and other special taxes and assessments levied and assessed against
the Owner's Parcel, including the portion of the Common Area on such Owner's Parcel; subject, however,
to the right of any such Owner to contest the amount or validity of all or any, part of said taxes and
assessments.
8.2. Failure to Pay Taxes and Assessments: Each Owner shall indemnify, defend, protect and
hold all other Owners and Occupants harmless for, from and against any and all Claims in connection
with any and all liens arising out of the failure of an Owner to pay prior to delinquency, all taxes and
assessments described in Section 8.1 above.
9. SUCCESSORS AND ASSIGNS; LIMITATION ON RELEASE
This Agreement and the Easements and Restrictions created hereby shall inure to the benefit of
and be binding upon the Owners, their heirs, personal representatives, Occupants, successors and assigns,
and upon any Person acquiring a Parcel, or any portion thereof, or any interest therein, whether by
operation of law or otherwise, including without limitation any holder of a first lien on any portion of the
Shopping Center; provided, however, that if any Owner sells all or any portion of its interest in any
Parcel, and such Owner, then at such time as the selling Owner executes and delivers to the Consenting
Owners a written statement in which the name and address of the new Owner, the effective date of the
conveyance, the Parcel conveyed, and, if applicable, the name of a new Party who has taken the position
of a Consenting Owner as provided pursuant to the terms of this Agreement, such Owner shall thereupon
be released and discharged from any and all obligations as Owner in connection with the property sold by
it arising under this Agreement after the sale and conveyance of title but shall remain liable for all
obligations arising under this Agreement prior to the sale and conveyance of title. The new Owner of any
such Parcel or any portion thereof (including, without limitation, any Owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Agreement
with respect to such Parcel or portion thereof after the date of sale and conveyance of title. Failure to
deliver any such written statement shall not affect the running of any covenants herein with the land, nor
shall such failure negate, modify or otherwise affect the liability of the new Owner pursuant to the
provisions of this Agreement, but such failure shall constitute a default by conveying Owner resulting in
continued liability hereunder.
10. DEFAULT
10.1. Default: In the event any Owner or Occupant fails to perform any other provision of this
Agreement, which failure continues for a period of thirty (30) days after receipt of written notice
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Instrument# 2008001223 Book 727 page 1765
specifying the particulars of such failure, such failure shall constitute a default and any other Owner or
Prime Lessee may thereafter institute legal action against the defaulting Owner or Occupant for specific
performance, declaratory or injunctive relief, monetary damages or any other remedy provided by law;
provided, however, that the defaulting Owner or Occupant shall not be deemed to be in default if such
failure to perform cannot be rectified within said thirty (30) day period and such Owner or Occupant is
diligently proceeding to rectify the particulars of such failure and rectifies same within a period not to
exceed sixty (60) days; provided further, however, that in the event of an emergency, such failure shall be
deemed a default if such failure Is not rectified in a period reasonable for the nature and circumstances of
such emergency (by way of example, but not as a limitation, the failure to promptly remove snow or
otherwise maintain the Common Area such that Owners, Occupants and Permittees can utilize the
reciprocal easements granted in Section 3.1 above shall constitute an emergency).
10.2. Self-Help: If an Owner or Occupant of any Parcel or Outparcel fails to perform any
provision of this Agreement, then, upon the expiration of the cure period provided in Section 10.1, and
upon an additional ten (10) days prior written notice (except that no additional notice shall be required in
an emergency), any Consenting Owner shall have the right, but not the obligation, to enter upon the
defaulting Owner's or Occupant's Parcel to cure such default for the account of and at the expense of the
Owner or Occupant of such Parcel. If a Consenting Owner exercises its self-help right, then, within ten
(10) days after receipt of an invoice from such Consenting Owner, the defaulting Owner and/or Occupant
shall reimburse to such Consenting Owner all costs reasonably incurred by the Consenting Owner in
curing such default, plus an administrative fee equal to ten percent (10%) of such costs. Furthermore, the
Consenting Owner shall have the right, if such invoice is not paid within said ten (10) day period, to
record a lien on the Parcel (including Outparcels) of the defaulting Owner and/or Occupant for the
amount of the unpaid costs incurred by the Consenting Owner pursuant to this Section 10.2 and the
administrative fee, together with accrued interest at the Default Rate.
10.3. Remedies Cumulative: In addition to the remedies set forth in this Agreement, each
Person entitled to enforce this Agreement shall be entitled to exercise all other remedies provided by law
or in equity to the same extent as if fully set forth herein word for word. No remedy herein conferred
upon, or reserved to any Person shall exclude any other remedy herein, by law or in equity, but each shall
be cumulative.
LIEN FOR EXPENSES OR TAXES
11.1. Effectiveness of Lien: The liens provided for in Section 10.2 above shall only be
effective when filed as a claim of lien against the defaulting Owner or Occupant in the office of the
recorder of the county in which the Shopping Center is located, signed and verified, which shall contain
at least:
(a) An itemized statement of all amounts due and payable pursuant hereto;
(b) A description sufficient for identification of that portion of the real property of
the defaulting Owner which is the subject of the lien;
(c) The name of the Owner or Occupant of the property which is the subject of the
lien; and
(d) The name and address of the Owner or Party recording the claim of lien.
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The lien shall attach from the date a claim of a lien is recorded and may be enforced in any
manner allowed by law, including, but not limited to, by suit in the nature of an action to foreclose a
mortgage or mechanic's lien under the applicable provisions of the laws of the State in which the
Shopping Center is located. The Owner or Party who recorded the claim of lien shall release the claim of
lien once the costs and expenses secured by the lien have been paid in full.
11.2. Priority of Lien: The claim of lien, when so established against the real property
described in the claim of lien, shall be prior and superior to any right, title, interest, lien or claim which
may be or has been acquired or attached to such real property after the time of tiling the claim of lien,
and shall be subordinate to any others. The claim of lien shall be for the use and benefit of the Person
curing the default of the Owner in default.
11.3. Contesting / Alternative Security: Any Owner that has a lien filed against its Parcel in
accordance with this Section 11 shall be entitled to have the lien immediately removed by the Owner
filing the lien upon the posting of cash or bond with the County Court of the County where the Shopping
Center is located in an amount equal to one hundred twenty five percent (125%) of the amount claimed in
the lien. Thereafter, such cash or bond shall be released only by agreement of the Owners of the Parcel
upon which the lien is imposed and the Owner that filed the lien or upon final judgment of a court of
competent jurisdiction over the dispute.
12. LIABILITY INSURANCE; INDEMNIFICATION
12.1. Liability Insurance:
(a) Each Owner shalt maintain or cause to be maintained commercial general
liability insurance with broad form coverage insuring against claims on account of bodily injury or death,
personal and advertising injury, property damage or destruction, and contractual liability (i.e., exclusions
for liability assumed under contract must be deleted) that may arise from, or be related to (i) the conduct
of the Owner and/or Occupants, or (ii) the condition, use or occupancy of each Owner's Parcel (the
"Owner's Liability Insurance").
(b) The Owner's Liability Insurance shall be carried by an insurance company or
companies qualified to do business in the State in which the Shopping Center is located with a Best's Key
Rating Guide Property/Casualty (United States) rating of at least A- and a financial rating of VIII or
better (or a comparable standard under an international rating system), and have limits for bodily injury
to or personal injury to or death of any person, or more than one (1) person, or for damage to property, in
an amount of not less than Five Million and. No/100 Dollars ($5,000,000.00) per occurrence. The
insurance required pursuant to this Section 12.1 shall be at least as broad as the most commonly available
ISO Commercial General Liability policy form CG 00 01 0798 and shall include the following
provisions: (i) the policy may not be canceled or reduced in amount or coverage below the requirements
of this Agreement, without at least thirty (30) days' prior written notice by the insurer to each insured and
additional insured; (ii) severability of interests; (iii) an act or omission of one of the insureds or
additional insureds which would void or otherwise reduce coverage shall not reduce or void the coverage
as to the other insureds; (iv) name all other Owners as additional insureds; and (v) endorsed to cover said
Owner's agreement to indemnify as set out in this Agreement. Each Owner agrees to furnish to any other
Owner requesting same evidence that: (i) such insurance is in full force and effect; (ii) the premiums
have been paid in full; and (iii) the appropriate parties are designated as additional insureds on ISO Form
CG 2026 1185. The Owners agree that such evidence being readily available on the Internet shall be a
satisfactory method of delivering such evidence. If not part of such policy, the Owner's Liability
Insurance shall have at least the following endorsements: (i) deleting any employee exclusion on personal
23
Instrumentf 2008001223 Book 727 Page 1767
injury coverage; (ii) including coverage for injuries to or caused by employees; (iii) providing for blanket
contractual liability coverage (including all of an Owner's indemnity obligations contained in this
Agreement), broad form property damage coverage and products completed operations, owner's
protective and personal injury coverage; (iv) providing for coverage of employee's automobile non-
ownership liability; and (v) if the use of a Parcel includes the sale of alcoholic beverages, including
coverage for employer's liability, host liquor liability, liquor liability and so-called "dram shop" liability
coverage with a combined single limit of not less than Throe Million and No/100 Dollars ($3,000,000.00)
per occurrence. The Owner's Liability Insurance shall be written on an "occurrence" basis form and not
on a "claims made" form. The insurance referenced in this Section 12.1 may be provided under (i) an
individual policy specifically covering such Owner's Parcel, (ii) a blanket policy or policies which
includes other liabilities, properties and locations of such Owner; so long as the amount and coverage of
insurance required to be carried hereunder is not diminished, (iii) a plan of self-insurance satisfying the
criteria set forth in Section 12.1(c) below, or (iv) a combination of any of the foregoing insurance
programs. To the extent any deductible is permitted or allowed as a part of any insurance policy carried
by an Owner in compliance with this Article 12, such Owner shall be deemed to be covering the amount
thereof under an informal plan of self insurance; provided, however, that in no event shall any deductible
exceed one percent (1%) of an Owner's net worth unless such Owner complies with the requirements
regarding self-insurance pursuant to Section 12,1(c) below.
(c) Notwithstanding anything to the contrary herein, at all times during the term of
this Agreement, each party shall keep improvements on its property insured against loss or damage by
fire and other perils and events as may be insured against under the broad form of Uniform Extended
Coverage Clause in effect from time to time in the state in which the parties' respective properties are
located, with such insurance to be for the full replacement value of the insured improvements. The
owner of a Parcel or Outparcel (except for the Owner of the Wal-Mart Parcel and the Home Depot
Parcel) shall pay for any increase in the cost of insuring the improvements on the other Parcels or
Outparcels if such increase is due to the use by such owner or its tenant(s).
(d) Any insurance required to be maintained by an Owner individually as set forth in
this Section 12 may be maintained in whole or in part either under a plan of self-insurance, or from a
carrier which specializes in providing coverage to or for such Owner or its affiliates, or firms in the same
or related businesses if such Owner's net worth exceeds Five Hundred Million Dollars (5500,000,000.00)
as shown in its most recent audited financial statement, or if such Owner's financial statements are
reported on a consolidated basis with a parent corporation, then as certified by an officer of such Owner.
12.2. Insurance Coverage During Construction:
(a) Prior to commencing any construction activities within the Shopping Center,
each Owner or Occupant shall obtain or require its contractor to obtain and thereafter maintain, so long
as such construction activity is occurring, at least the minimum insurance coverages set forth below:
(i) Workers' compensation and employer's liability insurance:
law or regulation.
(a) Worker's compensation insurance as required by any applicable
(b) Employer's liability insurance in the amount of Five Million and
No/100 Dollars ($5,000,000.00) each accident for bodily injury, Five Million and No/100 Dollars
($5,000,000.00) policy limit for bodily injury by disease, and Five Million and No/100 Dollars
($5,000,000.00) each employee for bodily injury by disease.
24
In*trument# 2008001223 Book 727 Page 1768
(ii) General liability insurance: Commercial General Liability insurance
covering all operations by or on behalf of the general contractor, which shall include the following
minimum limits of liability and coverages:
(a) Required coverages:
(1) Premises and Operations;
(2) Products and Completed Operations;
(3) Contractual Liability insuring the indemnity obligations
assumed by contractor under the contract documents;
(4) Broad Form Property Damage (including Completed
Operations);
(5) Explosion, Collapse and Underground Hazards;
(6) Personal Injury Liability; and
(7) Builders Risk (in an amount sufficient to cover the
replacement cost of the Site Improvement Work and shall provide that, among other things, the insurer(s)
specifically recognize and insure the obligations undertaken by the Developer pursuant to this
Agreement)
(b) Minimum limits of liability:
occurrence.
(1) Five Million and No/ 100 Dollars ($5,000,000.00) per
(2) Five Million and No/100 Dollars ($5,000,000.00)
aggregate for Products and Completed Operations,
(3) Five Million and No/100 Dollars ($5,000,000.00)
general aggregate applied separately to the Shopping Center.
(iii) Automobile Liability Insurance: Automobile liability insurance (bodily
injury and property damage liability) including coverage for owned, hired, and non-owned automobiles,
with limits of liability of not less than One Million and No/ 100 Dollars ($1,000,000.00) combined single
limit each accident for bodily injury and property damage combined. The general contractor shall require
each of its subcontractors to include in their liability insurance policies coverage for automobile
contractual liability.
(iv) Umbrella/Excess Liability Insurance: The general contractor shall also
carry umbrella/excess liability insurance in the amount of Five Million and No/100 Dollars
($5,000,000.00). If there is no per-project aggregate under the Commercial General Liability policy, the
limit in this Subsection (iv) shall be Tan Million and No/100 Dollars ($10,000,000.00).
(b) If the construction activity involves the use of another Owner's Parcel, the
Owner of such other Parcel shall be added as an additional insured and such insurance shall provide that
25
Instrument# 2008001223 Hook 727 Page 1769
the insurance shall not be canceled, or reduced in amount or coverage below the requirements of this
Agreement without at least thirty (30) days' prior written notice to the insureds and each additional
insured. The form of additional insured endorsement shall be ISO Form CG 2026 1185. If such insurance
is canceled or expires, the constructing Owner shall immediately stop all work on or use of the other
Owners Parcel until either the required insurance is reinstated or replacement insurance obtained. The
general contractor shall supply each Owner with certificate(s) of insurance with respect to all insurance
required by this Section 12.2.
12.3. Indemnification by Owners: Subject to the provisions of Section 13.4 below regarding
waiver of subrogation with respect to damage to property, each Owner shall defend, indemnify, protect
and hold the other Owners and Occupants harmless for, from and against any and all Claims in
connection with the loss of life, personal injury and/or damage to property (i) arising from or out of any
occurrence in or upon the indemnifying Owner's Parcel; (ii) occasioned by any negligent or willful act or
omission of the indemnifying Owner, its Occupants or their respective its agents, contractors, servants or
employees; or (iii) in connection with the failure to comply with the provisions of this Agreement. If an
Owner shall, without fault, be made a party to any litigation commenced by or against the Owner or
Occupants of another Parcel, or if an Owner shall, in its reasonable discretion, determine that it must
intervene in such litigation to protect its interest hereunder, the indemnifying Owner shall defend such
Owner using attorneys reasonably satisfactory to such Owner and shall pay all costs, expenses and
reasonable attorneys' fees and costs in connection with such litigation. An Owner shall have the right to
engage its own attorneys in connection with any of the provisions of this Section 12.3 or any of the
provisions of this Agreement, including, but not limited to, any defense of or intervention by such
Owner, notwithstanding any contrary provisions of the laws or court decisions of the state in which the
Shopping Center is located.
12.4. Each owner of any portion of the Shopping Center for itself and its property insurer
hereby releases the other owners of portions of the Shopping Center from and against any and all claims,
demands, liabilities or obligations whatsoever for damage to property or loss of rents or profits resulting
from or in any way connected with any fire or other casualty whether or not such fire or other casualty
shall have been caused by the negligence or the contributory negligence of the party being released or by
any agent, associate or employee of the party being released, this release being to the extent that such
damage or loss is covered by the property insurance which the releasing party is obligated hereunder to
carry, or, if the releasing parry is not carrying that insurance, then to the extent such damage or loss
would be covered if the releasing party were carrying that insurance
13. PROPERTY DAMAGE AND EMINENT DOMAIN
13.1. Damage to Buildings: if any of the Buildings located on any Parcel are damaged or
destroyed by fire or other cause, the Owner of such Parcel shall promptly cause either (i) the repair,
restoration, or rebuilding of the Building so damaged or destroyed to a condition and an architectural
style existing immediately prior to the damage or destruction, (ii) the rebuilding of a completely new
Building within the Building Area and otherwise subject to the terms hereof, or (iii) the razing of any
damaged Building, the filling of any excavation, and performance of any other work necessary to put
such portion of the Shopping Center in a clean, sightly and safe condition. All Building Areas on which
Buildings are not reconstructed following a casualty or "Taking" (as defined in Section 13.5 below) shall
be (i) graded or caused to be graded by the Owner thereof to the level of the adjoining property and in
such a manner as not to adversely affect the drainage of the Shopping Center or any portion thereof, (ii)
covered by decomposed granite, gravel, sod, hydroseed or as otherwise permitted by Governmental
26
In;trumentf 2008001223 Book 727 page 1770
Regulations, and (iii) kept weed free and clean at the subject Owner's sole cost and expense until such
time as Buildings are reconstructed thereon.
13.2. Casualty Damage to Common Area: In the event any of the Common Am& is damaged or
destroyed by any cause whatsoever, whether insured or uninsured, during the term of this Agreement, the
Owner upon whose Parcel such Common Area is located shall repair or restore such Common Area at its
sole cost and expense with all due diligence. Except to the extent limited by Section 13.4 below, in the
event such damage or destruction of Common Area is caused by the negligent or willful act of another
Owner, Occupant or third Person, the Owner obligated to make such repair or restoration reserves and
retains the right to proceed against such other Owner or third Person for indemnity, contribution or
damages.
13-3. Property Insurance: To assure performance of their respective obligations under Sections
13.1 and 13.2 above, the Owners of the respective Parcels shall cause to be carried causes of loss -
special form property insurance at least as broad as ISO Special Form Causes of Loss, CP 1030 0695, in
an amount not less than eighty percent (80%) of the full insurable replacement cost (excluding footings,
foundations or excavations) of all Buildings and improvements (including Common Area improvements)
on their respective Parcels, except if the Owner of said Parcel, or party responsible for any required
restorations, is permitted to "self insure" pursuant to Section 12.1(c). The insurance referenced in this
Section 13.3 may be provided under (i) an individual policy covering this location, (ii) a blanket policy or
policies which includes other liabilities, properties and locations of such Owner; so long as the amount
and coverage of insurance required to be carried hereunder is not diminished, (iii) a plan of self-
insurance satisfying the criteria set forth in Section 12.1(c) above, or (iv) a combination of any of the
foregoing insurance programs. To the extent any deductible is permitted or allowed as a part of any
insurance policy carried by an Owner in compliance with Article 13, such Owner shall be deemed to be
covering the amount thereof under an informal plan of self-insurance; provided, however, that in no event
shall any deductible exceed one percent (1%) of an Owner's net worth unless such Owner complies with
the requirements regarding self-insurance pursuant to Section 12.1(c) above. The Owner's property
insurance shall be carried by an insurance company or companies qualified to do business in the state in
which the Shopping Center is located with a Best's Key Rating Guide Property/Casualty (United States)
rating of at least A- and a financial rating of Vlll or better (or a comparable standard under an
international rating system).
13.4. Waiver of Subrogation: The Owners and Occupants each hereby waive any rights one
may have against the other on account of any loss or damage occurring to an individual Owner or
Occupant, or its respective property, either real or personal, arising from any risk generally covered by
ISO Special Form Causes of Loss, CP 1030 0695 and from any risk covered by property insurance then
in effect. In addition, the Owners and Occupants, for themselves and on behalf of their respective
insurance companies, waive any right of subrogation that any insurance company may have against the
Owners and Occupants. It is the intent of the parties that with respect to any loss from a named peril
required to be covered under a policy of property insurance, the parties shall look solely to their
respective insurance company for recovery. The foregoing waivers of subrogation shall be operative only
so long as available in the state where the Shopping Center is situated, and provided further that no
policy of insurance is invalidated thereby.
13.5. Eminent Domain: In the event the whole or any part of the Shopping Center shall be
taken or damaged by right of eminent domain or any similar authority of law or any transfer in lieu
thereof (a "Taking"), the entire award for the value of the land and improvements so taken shall belong to
the Owner of the Parcel so taken or to such Owner's Lienholders or Occupants, as they may have agreed
27
Instrument# 2008001223 Book 727 Page 1771
between or among themselves, and in the absence of any such agreement, as provided by law, and no
other Owner shall have a right to claim any portion of such award by virtue of any interest created by this
Agreement. Any Owner of a Parcel which is not the subject of a Taking may, however, file a collateral
claim with the condemning authority over and above the value of the Parcel (or portion thereof) being so
taken to the extent of any damage suffered by such Owner resulting from the severance of the land or
improvements so taken. In the event of a partial Taking, the Owner of the portion of the Shopping Center
so taken shall restore the Improvements located on the Common Area of the Owner's Parcel as nearly as
possible to the condition existing prior to the Taking to insure the continued ingress/egress to, from and
between all areas of the Shopping Center to the extent reasonably feasible, without contribution from any
other Owner.
14. GENERAL, PROVISIONS
14.1. Covenants Run With the Land: The terms of this Agreement and each Restriction and
Easement on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of
the other Parcels and each part thereof, and shall run with the land.
14.2. No Public Dedication: Nothing contained in this Agreement shall be deemed to be a gift
or dedication of any portion of the Shopping Center or of any Parcel or portion thereof to the general
public, or for any public use or purpose whatsoever, it being the intention of the parties that this
Agreement shall be strictly limited to and for the purposes herein expressed. An Owner shall have the
right to close, if necessary, all or any portion of the Common Area on its Parcel from time to time as may
be necessary, in the opinion of such Owner, to prevent a dedication thereof or the accrual of any rights of
the public therein.
14.3. Duration: Except as otherwise provided herein, the tern of this Agreement shall be for
one hundred and one (101) years (the "Primary Period") from the date hereof. Notwithstanding the
foregoing, upon the expiration of the Primary Period, the term of this Agreement shall automatically
renew for successive periods of ten (10) years each (each such period being referred to as an "Extension
Period") unless, at least ninety (90) days prior to the date of expiration of the Primary Period or
Extension Period then in effect, the Consenting Owners deliver to the other Owners in the Shopping
Center written notice of termination, in which event, this Agreement shall automatically expire at the and
of the Primary Period or Extension Period then in ef'f'ect. Upon termination of this Agreement, all rights
and privileges derived from and all duties and obligations created and imposed by the provisions of this
Agreement shall terminate and have no further force or effect; provided, however, that the termination of
this Agreement shall not limit or affect any remedy at law or in equity that an Owner may have against
any other Owner with respect to any liability or obligation arising or to be performed under this
Agreement prior to the date of such termination, and, provided further, that the access easements and the
rights and duties related thereto as provided in Section 3. 1, the sign easements and the rights and duties
related thereto as provided in Sections 3.4 and 4.3, and the utility easements and the rights and duties
related thereto as provided in Section 3.3 shall continue in effect in perpetuity as to those access
easements, signs and utility lines actually in use at the time of the termination of this Agreement until
such time as such access easements, signs and utility lines are abandoned.
14.4. Injunctive Relief In the event of any violation or threatened violation by any Person of
any of the Easements, Restrictions or otter terms of this Agreement, any or all of the Owners and Prime
Lessees of the property included within the Shopping Center shall have the right to enjoin such violation
or threatened violation in a court of competent jurisdiction. The right of injunction shall be in addition to
all other remedies set forth in this Agreement or provided by law or in equity. Notwithstanding anything
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In#txument# 2008001223 Book 727 Page 1772
to the contrary herein, the enforcement provisions of this Section 14.4 shall not be applicable to the
provisions of Section 5 and Section 13 herein as they apply to the Owners of the Outparcels.
14.5. Modification and Termination: Notwithstanding the provisions of Section 14.6 below,
this Agreement may not be modified in any respect whatsoever or terminated, in whole or in part, except
with the consent of all of the Consenting Owners (and, if applicable, the Prime Lessees of a Consenting
Owners Parcel) at the time of such modification or termination, and then only by written instrument duly
executed and acknowledged by all of the Consenting Owners and Prime Lessees and recorded in the
office of the recorder of the county in which the Shopping Center is located. No modification or
termination of this Agreement as provided herein shall adversely affect the rights of any senior
Lienholder unless such Lienholder consents in writing to the modification or termination, No
modification and/or termination of this Agreement shall be effective against any Owner of an Outparcel
unless and until such Owner has consented to the modification or termination.
14.6. Method of Approval: Unless otherwise provided in this Agreement, whenever approval,
consent or satisfaction (collectively, an "approval") is specifically required of an Owner pursuant to the
express terms of this Agreement (or any Exhibit hereto), it shall not be unreasonably withheld,
conditioned or delayed. Unless provision is made for a specific time period, approval or disapproval shall
be given within thirty (30) days after receipt of written request for approval. If an Owner neither
approves nor disapproves within the required time period, then the Owner requesting approval shall have
the right to send a second written request for approval. If such second request states on its face In all
capital letters that failure to respond thereto within ten (10) days shall be deemed approval, then the
failure to respond within such ten (10) day period shall constitute the approval of the Owner from whom
approval was requested. Except with respect to approvals which are deemed approved pursuant to the
preceding sentence, all approvals (including conditional approvals) and disapprovals shall not be
effective unless given or made in writing. if an Owner disapproves, the reasons therefor shall be stated in
reasonable detail in writing. An Owner's approval of any act or request by another Owner shall not be
deemed to waive or render unnecessary approval of any similar or subsequent acts or requests. Since the
submission of a proposed amendment to the Parties is not an item of "consent" or "approval", each Party
may consider any proposed amendment to this Agreement in its sole and absolute discretion without
regard to reasonableness or timeliness.
14.7. Multiple Owners: In the event an Owner sells its Parcel and becomes the Prime Lessee
thereon, said Prime Lessee is hereby appointed the entity to cast the vote or consent or give the consent
for said Parcel on behalf of the Owner thereof (except as otherwise required in Section 14.5) and is
hereby granted all of the rights and remedies granted to the Owner of said Parcel so long as it is the
Prime Lessee of said Parcel, anything in this Agreement to the contrary notwithstanding.
14.8. Estoppel Certificates: Any Owner may, at any time and from time to time, in connection
with the sale or lease of the Owners Parcel, or in connection with the financing or refinancing of the
Owners Parcel by bona fide mortgage, deed of trust or sale-leaseback made in good faith and for value,
deliver written notice to the other Owners requesting such Owners to execute certificates certifying that
to the best knowledge of the other Owners, (i) neither the requesting Owner nor any other Owner is in
default in the performance of its obligations under this Agreement, or, if a default is alleged, specifically
describing the nature and amount thereof, and (ii) confirming that this Agreement has not been amended
(or, if so, identifying the amendments), and is in full force and effect. Each Owner shall execute and
return such a certificate within thirty (30) days after receipt of a request therefore. The Owners
acknowledge that such certificates may be relied upon by transferees, mortgagees, decd of trust
beneficiaries and leaseback lessors. Such statement shall act as a waiver of any claim by the Person
29
Instrumentf 2006001223 Book 727 page 1773
furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to
the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without
knowledge of facts to the contrary of those contained in the statement and who has acted in reasonable
reliance upon the statement. The issuance of an estoppel certificate shall in no event subject the Person
furnishing it to any liability for the negligent or inadvertent failure of such Person to disclose correct
and/or relevant information (but it shall estop such person from making assertions contrary to those set
forth in the certificate for the period covered by the certificate), nor shall such issuance be construed to
waive any rights of the issuer to challenge acts committed by other Owners for which approval by the
Consenting Owners was required but not sought or obtained.
14.9. Breach Shall Not Permit Termination: It is expressly agreed that a breach of this
Agreement shall not entitle any Owner to terminate this Agreement, but such limitation shall not affect In
any manner any other rights or remedies which such Owner may have hereunder by reason of any broach
of this Agreement. Any breach of this Agreement shall not defeat or render invalid the lien of any
mortgage or deed of trust made in good faith for value, but this Agreement shall be binding upon and be
effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise.
14.10. Notices:
(a) All notices given pursuant to this Agreement shall be in writing and shall be
given by facsimile, by personal delivery, by United States mail or United States express mail postage or
delivery charge prepaid, return receipt requested, or by an established express delivery service (such as
Federal Express or United Parcel Service), sent to the person and address or facsimile number designated
below or, in the absence of such designation, to the person and address shown on the then current real
property tax rolls of the county in which the Shopping Center is located. The Parties expressly agree that
notices given by attorneys on behalf of their client(s) in the manner provided in this subsection are
effective and recognized notice pursuant to this Agreement. All notices to Developer and the Owner of
the Home Depot Parcel shall be sent to the person and address set forth below:
Developer: Waynesville Commons Retail Associates, LLC
1765 Merriman Road
Akron, Ohio 44313
Attention: Executive Vice President - Real Estate
With a copy to: Amer Cunningham Co., L.P.A.
Attn: Andrew R. Duff, Esq.
159 S. Main Street, Suite l 100
Akron, OH 44308
Home Depot: Home Depot U.S.A., Inc.
2455 Paces Ferry Road
Atlanta, Georgia 30339-4024
Attention: Vice President - Real Estate Law Group
With a copy to: Home Depot U.S.A., Inc.
2455 Paces Ferry Road
Building C, 20* Floor
Atlanta, Georgia 30339
Attention: Thomas K. Anderson, Esq. - Corporate Counsel
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Inptrument$ 2008001223 Book 727 Page 1774
And a copy to: Hartman, Simons, Spielman & Wood, LLP
6400 Powers Ferry Road, Ste 400
Atlanta, Georgia 30339
Attention: Gil Burstiner, Esq.
Wal-Mart: Wal-Mart Stores, Inc. (Stare No. 1663-02)
702 S. W. 8s' Street
Bentonville, AR 72716
Attn: Property Management, North Carolina
With a copy to: Wal-Mart Stores, Inc. (Store No. 1663.02)
Attn: James A. Cole, Esq.
2001 S.E. 19`h Street
Bentonville, AR 72716-0556
The Person and address to which notices arc to be given may be changed at any time by any
Party upon written notice to the other Parties. All notices given pursuant to this Agreement shall be
deemed given upon receipt.
(b) For the purpose of this Agreement, the term "receipt" shall mean the earlier of
any of the following: (i) the date of delivery of the notice or other document to the address specified
pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date of actual receipt of the
notice or other document by the person or entity specified pursuant to this Section, (iii) in the case of a
facsimile, the date and time of receipt as shown on the confirmation of the facsimile transmission; (iv) in
the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of
(A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the
return receipt, or (C) the date of receipt of notice of refusal or notice of non-delivery by the sending
party.
14.11. Waiver: The failure of a Person to insist upon strict performance of any of the
Restrictions or other terms and provisions contained herein shall not be deemed a waiver of any rights or
remedies that said Person may have, and shall not be deemed a waiver of any subsequent breach or
default in the performance of any of the Restrictions or other terms and provisions contained herein by
the same or any other Person.
14.12. Consent. In accordance with Section 1.2 (cc) hereof, for so long as a Prime Lessee exists
on any Parcel, the consent of the fee owner with respect to said Parcel is not required under this
Agreement.
14.13. Severability: If any term or provision of this Agreement or the application of it to any
person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement
or the application of such term or provision to persons or circumstances, other than those as to which it is
invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement
shall be valid and shall be enforced to the extent permitted by law.
14.14. Not a Partnership: The provisions of this Agreement are not intended to create, nor shall
they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar
relationship between the Parties. Each Party shall be considered a separate party and no Party shall have
31
Inxtruawnt# 2008001223 Book 727 page 1775
the right to act as agent for another, unless expressly authorized to do so herein or by separate written
instrument signed by the Party to be charged.
14.15. Captions and Headings: The captions and headings in this Agreement are for reference
only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants,
conditions or agreements contained herein.
14.16. Interpretation: Whenever the context requires construing the provisions of this
Agreement, the use of a gender shall include both genders, use of the singular shall include the plural,
and the use of the plural shall include the singular. The word "including" shall be construed inclusively,
and not in limitation, whether or not the words "without limitation" or "but not limited to" (or words of
similar importance) are used with respect thereto. The provisions of this Agreement shall be construed as
a whole and not strictly for or against any party. Unless otherwise provided, references to Articles and
Sections refer to the Articles and Sections of this Agreement.
14.17. Entire Agreement: This Agreement contains the entire agreement between the parties
hereto and supersedes all prior agreements, oral or written, with respect to the Easements, Restrictions
and other terms and conditions contained in this Agreement affecting the Parcels.
14.18. Joint and Several Obligations: In the event any party hereto is composed of mom than
one person, the obligations of said party shall be joint and several.
14.19. In the event that any person or entity (the "Acquiring Party") shall acquire a fee or
mortgage interest in any tract subject to this Agreement, or any portion thereof, the Acquiring Party shall
execute and file in the land records of Haywood County, North Carolina, a statement setting forth the
name of the Acquiring Party, the address of the Acquiring Parry to which all notices for the purposes of
this Agreement may be sent, the nature of the interest held by the Acquiring Party, and the date that such
interest was acquired (the `Notice Statement"). Contemporaneously with such tiling, the Acquiring
Parry shall also send by certified mail, return receipt requested, a copy of such Notice Statement to all
other persons or entities then holding fee or mortgage interests in any tract subject to this Agreement, or
any portion thereof, as reflected by the Notice Statements then of record in the land records of Haywood
County, North Carolina (the "Existing Interest Holders"). Until such time as an Acquiring Party files and
mails such Notice Statement in accordance with the terms of this Section 14.19 it shall not be entitled to
receive any notice required or permitted to be given under this Agreement, and the Existing Interest
Holders shall have no obligation to give any such notice to the Acquiring Party. Any change of address
shall require the tiling and mailing of a new Notice Statement. It is understood and agreed that the
provisions of this Section 14.19 regarding the recordation of the Notice Statement are satisfied with
respect to Developer and Wal-Mart and Home Depot.
14.20. Recordation: This Agreement shall be recorded in the office of the recorder of the
County in which the Shopping Center is located.
14.21. Limitation on Liability: Except as specifically provided below, there shall be absolutely
no corporate or personal liability of persons or corporations who constitute an Owner hereunder.
including, but not limited to, officers, directors, employees or agents thereof, with respect to any of the
terms, covenants, conditions and provisions of this Agreement. In the event of a default of an Owner
hereunder, the Owner who seeks recovery from such Owner shall look solely to the interest of such
Owner in such Consenting Owners Parcel for the satisfaction of each and every remedy of the non-
defaulting Owner; provided, however, the foregoing shall not in any way impair, limit or prejudice the
right of any Owner (i) to pursue equitable relief in connection with any Restriction of this Agreement,
32
In*trument# 2008001223 Book 727 page 1776
including a proceeding for a temporary restraining order, preliminary injunction, permanent injunction or
specific performance; and (ii) to recover from such Owner all losses suffered, liabilities incurred or costs
imposed arising out of or in connection with, or on account of, an Owner's breach of its obligation to
carry Owner Liability Insurance, or to fund its self-insurance obligation, if applicable.
14.22. Lienholder Protection: This Agreement and the Easements and Restrictions established
hereby with respect to each Owner and Parcel (except for lien rights under Section 1 I hereof), shall be
superior and senior to any lien placed upon any Parcel, including the lien of any mortgage or deed of
trust. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the
lien of any mortgage or deed of trust made in good faith and for value, but all the Easements and
Restrictions and other provisions, terms and conditions contained in this Agreement shall be binding
upon and effective against any Person (including, but not limited to, any mortgagee or beneficiary under
a deed of trust) who acquires title to any Parcel or any portion thereof by foreclosure, trustee's sale, deed
in lieu of foreclosure, or otherwise.
14.23. Variances: Where appropriate, the Consenting Owners may, in their sole and absolute
discretion, grant written variances to the provisions this Agreement (in lieu of an amendment), signed by
all of the Consenting Owners, where strict adherence to the requirements of this Agreement or any
architectural standards established by the Consenting Owners would, in the judgment of the Consenting
Owners, cause undue hardship. The granting of a waiver or variance to one Owner shall not
automatically entitle another Owner to the same waiver or variance, it being understood that each request
for a waiver or variance shall be treated on its own individual merits.
14.24. Time of Essence: Time is of the essence with respect to the performance of each
obligation of this Agreement.
14.25. Counterparts. This Agreement may be executed in one or more counterparts, each of
which in the aggregate shall constitute one and the same instrument.
14.26. Effective Date: This Agreement shall be deemed effective upon recording in accordance
with Section 14.20 provided recording shall not occur until Developer has acquired title to the Shopping
Center land and has filed the plat of subdivision and Wal-Mart and Home Depot have waived any
conditions to the effectiveness of their respective leases for the Wal-Mart Parcel and the Home Depot
Parcel except for conditions relating to construction obligations of Developer. The parties further agree
that no party hereto shall, or allow any party through it, to take action inconsistent with this Agreement
prior to the Effective Date.
[Signatures Begin on the Next Page]
33
Instrument# 2008001223 Book 727 page 1777
EXECUTED as of the day and year first above written.
HOME DEPOT U.S.A., INC.,
a Delaw corporation
ocr 1 z mop
dd -0& ey
N ;
i
STATE OF GEORGIA
COUNTY OF COBB
I, the undersigned do hereby certify
personally appeared before me is day and acknowledged that
&AIM Is the of erne Depot U.&A., Inc., a Delaware
corporation, and the she, as such , being authorized to do so, executed
the foregoing instrument for and on behalf of the corporation.
I0 f
WITNESS my hand and official seal this I
L'= day of,bAP-P 2007
C . Eau
;kkof Officer) Leah Rich
Notary Expires: 31 Z? K)
NOTARV
[Signatures Continue on the Next Pagel PUBLIC
W COw MS"
34
Instrument# 2008001223 Book 727 Page 1778
[Signatures Continued from the Previous Page]
WAYNESVILLE COMMONS RETAIL ASSOCIATES, L.L.C.,
a North Carolina limited liability company
By: Waynesville Capi 1 A' iates, L.L.C.
Its: Managing Member / 1
By: wM,1 k-• l
Name:_
WAV? rt?--
Its;
STATE OF OHIO
COUNTY OF UlY1M 4
>i c? i 11 4, ? ,? the undersigned k10? -1 rr , do hereby certify
that Ed 16ayd F. p K personally appeared before me this day and acknowledged that
he%he is the t of Waynesville Capital Associates, L.L.C., the
Managing Member of Waynesville Commo Retail Associates, L.L.C., a North Carolina limited
liability company, and that he/sbe, as such V l a 2fe5,dpnh , being authorized to do so,
executed the foregoing instrument for and on behalf of the corporation.
WITNESS my hand and official seal this Ath day of 2007
(11-, 6L -
J(Si ture of Office
NotaryExpires: Q q 11 Z 011
JtA A. Janson
Notary Public
State of Ohio
My Commission Expires July 15-J2011
(Notary Seal)
35
Instrument# 2008001223 Book 727 page 1779
STATE OF ARKANSAS
COUNTY OF BENTON
WAL-MART STORES EAST, LP,
a Delaware limited partnership
By: WSE MANAGEMENT, LLC,
a Delaware limited liability company
and general partner
By: a /'- ? 1-2- 1 ?? ? ?
J. Chris Callaway
(?/Regional Vice Presid
Design and Real E
only
Approve I
001,18
by
WAL-MA LEGAL DEPT.
Date:_?_T
I, ?aG eC , a Notary Public of the County and State
aforesaid, certi that4. 0iris Callaway either being onall known to m? or proven b
fY ? Y
satisfactory evidence (said evidence being ), personally appeared before
me this day and acknowledged that he is Regional Vice President of Design and Real Estate
WSE Management, LLC, a Delaware limited liability company, a general partner of Wal-Mart
Stores East, LP, a Delaware limited partnership, and that he as Regional Vice President of
Design and Real Estate, being authorized to do so, voluntarily executed the foregoing on behalf
of the company for the purposes stated therein.
WITNESS my hand and official stamp or seal, this day of Ell k >rrr ,
2007.
My Commission Expires:
f ,
AL
NN tary'Public
Printed Name: i4v"7:,6 4 74er
/0/1 ql 14,
( S E A L }
__ KMNOTARY PUBLIC-STATE OF ARKANSAS
BENTON COUNTY
My Commission Expires 10-19.2016
Commissbn 012357509
36
Inotrument# 2008001223 Book 727 Page 1780
List of Exhibits
A = Site Plan
B Legal Description of Shopping Center
B-1 = Legal Description of the Developer Parcel
8-2 = Legal Description of the Home Depot Parcel
B-3 Legal Description of the Wal-Mart Parcel
134 = Legal Description of the Outparcels
C Sign Exhibit
D Approved Plans for the Shopping Center
instrument# 2008001223 Book 727 page 1781
[W-1:!!_1v

i

i M
( ' C
S 3
N
•
r 1 ?
4
0
1
In4trument# 2008001223 Book 727 Page 1782
EXHIBIT B
Shopping Center Legal Description
A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP,
HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE N.C.G.S. MONUMENT DAYCO (NAQ 83), THENCE N37"21'19"E, 793.54 FEET
TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1164)
AND THE CENTERLINE OF RICHLAND CREEK TO THE POINT OF BEGINNING; CONTINUING
ALONG THE CENTERLINE OF RIGHLAND CREEK AND FOLLOWING 22 CALLS; N31025'48"W,
132.02 FEET; THENCE N4M3'34"W, 60.01 FEET; THENCE N23°31'1 1"W, 30.70 FEET; THENCE
N01044'31"E, 32.36 FEET; THENCE N1502247"E, 115.48 FEET; THENCE N15009'15"E, 55.27;
THENCE N08000'28"E, 65.71 FEET; THENCE N02023'38"W, 44.72 FEET; THENCE N03048'18"E, 40.28
FEET; THENCE N1 3017'23"E, 25,29 FEET; THENCE N22002'58"E, 9.14 FEET; THENCE N21023'42"E,
22.09 FEET; THENCE N32°34'35"E, 87.54 FEET; THENCE N46049'30"E, 35.88 FEET; THENCE
N25032'57"E, 61.73 FEET; THENCE N2702542E, 159.15 FEET; THENCE N32033'17"E, 160.92 FEET;
THENCE N21025'OWE, 186.55 FEET; THENCE N28019'53"E, 313.01 FEET; THENCE N19026'53"E,
385.80 FEET; THENCE N08°1 0'26"E, 45.57 FEET; THENCE N1 3°57'12"E, 75.54 FEET TO THE POINT
OF INTERSECTION OF RICHLAND CREEK AND ALLENS CREEK; THENCE CONTINUING ALONG
THE CENTERLINE OF ALLENS CREEK AND THE FOLLOWING 9 CALLS; 871021'02"E, 74.35 FEET;
THENCE S54120'12"E, 39.50 FEET; THENCE S57°42'21 "E, 118.97 FEET; THENCE S51 °28'31 "E, 76.50
FEET; THENCE 848004'03"E, 84.71 FEET; THENCE 844001'55"E, 117.88 FEET; THENCE 840938'26"E,
124.45 FEET; THENCE 839152'01"E, 149.60 FEET; THENCE S48045'50"E, 75.00 FEET TO A PK NAIL
IN THE CENTERLINE OF THE MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-OF-
WAY; THENCE CONTINUING ALONG THE CENTERLINE RAILWAY RIGHT-OF-WAY S17125'43W,
393.60 FEET TO A POINT ON THE NORTH SIDE OF A PUBLIC RIGHT-OF-WAY; THENCE LEAVING
THE CENTERLINE OF SAID RAILROAD RIGHT OF WAY AND CONTINUING ALONG SAID PUBLIC
RIGHT-OF-WAY AND THE FOLLOWING 10 CALLS; N72034'18"W, 39.13 FEET; THENCE N10°30'19"E,
11.34 FEET; THENCE N17025'42"E, 27.24 FEET; THENCE N72034'18"W, 50.00 FEET; THENCE
817°25'42"W, 27.24 FEET; THENCE A 88.50 RADIUS CURVE TO THE LEFT 9.38 FEET, (HAVING AN
INCLUDED ANGLE OF 7°49'51', AND LONG CHORD BEARING 813.32'08"W, 9.36 FEET); THENCE
S09037'12"W, 106.73 FEET; THENCE 880°22'48"E, 50.00 FEET; THENCE N09037'12'E, 38.37 FEET;
THENCE 87M'19"E, 31,04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH
DIVISION OF SOUTHERN RAILWAY RIGHT-OF-WAY; THENCE LEAVING SAID PUBLIC RIGHT OF
WAY AND CONTINUING ALONG THE CENTERLINE OF RAILROAD RIGHT OF WAY 817°2543"W,
885.35 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF BALSAM ROAD (U.S. 23 BUS.
(NCSR 1243)); THENCE 847935'51"W, 100.21 FEET; ALONG THE WESTERLY RIGHT-OF-WAY OF
BALSAM ROAD (U.S. 23 BUS,(NCSR 1243)); THENCE A 457.00 FOOT RADIUS CURVE TO THE LEFT
167.89 FEET (HAVING AN INCLUDED ANGLE OF 21001'27" AND LONG CHORD BEARING
S37"05'07"W, 166.75 FEET); THENCE A 883.50 FOOT RADIUS CURVE TO THE LEFT 29.18 FEET
(HAVING AN INCLUDED ANGLE OF 2'31'13" AND LONG CHORD BEARING 838"24'42"W, 29.18
FEET); THENCE A 863.50 FOOT RADIUS CURVE TO THE LEFT 39.49 FEET (HAVING AN INCLUDED
ANGLE OF 3024'37" AND LONG CHORD BEARING S33026'47"W, 39.49 FEET); THENCE
CONTINUING ON SAID ROAD RIGHT-OF-WAY ON A 337.52 FOOT RADIUS CURVE TO THE LEFT
54.86 FEET (HAVING AN INCLUDED ANGLE OF 9018'44" AND LONG CHORD BEARING
S20.47'36"W, 54.60 FEET); THENCE S1 5021'30"W, 49.80 FEET; THENCE A 53.50 FOOT RADIUS
CURVE TO THE RIGHT 80.47 FEET (HAVING AN INCLUDED ANGLE OF 86010'37" AND LONG
CHORD BEARING S58926'49"W, 73.10 FEET), LEAVING SAID ROAD RIGHT-OF-WAY AND
CONTINUING ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (NCSR
1164); THENCE N78027'46'W 157.74 FEET; THENCE A 37.00 FOOT RADIUS CURVE TO THE RIGHT
33.37 FEET (HAVING AN INCLUDED ANGLE OF 51°4018" AND LONG CHORD BEARING
N52"37'37"W, 32,25 FEET); THENCE N81016'10"W, 107.53 FEET; THENCE A 37.00 FOOT RADIUS
CURVE TO THE RIGHT 21.78 FEET (HAVING AN INCLUDED ANGLE OF 33044'03", AND LONG
CHORD BEARING S75028'54"W, 21.47 FEET); THENCE N82017'28"W, 27.81 FEET; THENCE
N78621'28"W, 234.88 FEET TO THE POINT ON THE CENTERLINE OF RICHLAND CREEK AND THE
POINT OF BEGINNING;
AKA LOTS 1, 2,5 AND 8 AS SHOWN ON THE SURVEY PLAT ENTITLED MAJOR SUBDIVISION PLAT
FOR WAYNESVILLE COMMONS RETAIL ASSOCIATES, L.L.C. FILED FOR RECORD NOVEMBER 28,
2007 AND RECORDED IN MAP BOOK CABC PAGE 5122 AS INSTRUMENT NUMBER 2007669952 IN
THE OFFICE OF THE REGISTER OF DEEDS HAYWOOD COUNTY, NC.
Instrument# 2008001223 Book 727 page 1783
EXHIBIT B-1
Developer Parcel Legal Description
A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP,
HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS;
COMMENCING AT THE N.C.G.S. MONUMENT DAYCO (NAD 83), THENCE N37-21'19"E, 793.54 FEET
TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1164)
AND THE CENTERLINE OF RICHLAND CREEK AND THE POINT OF BEGINNING; THENCE
CONTINUING ALONG THE CENTERLINE OF RICHLAND CREEK AND THE FOLLOWING 14 CALLS;
N31025'46"W,132.02 FEET; THENCE N42023'34"VWI, 80.01 FEET; THENCE N23031'1INV, 30.70 FEET;
THENCE N01-44'31 E, 32.36 FEET; THENCE N15 02247E, 115.46 FEET; THENCE N151191 5"E, 55.27
FEET; THENCE N08'00'28"E, 65.71 FEET; THENCE N02023'38"W, 44.72 FEET; THENCE N03048'18"E,
40.28 FEET; THENCE N1 3017'23"E. 25.29 FEET; THENCE N22002'58"E, 9.14 FEET; THENCE
N21023'42"E, 22.09 FEET; THENCE N32°34'35"E, 87.54 FEET; THENCE N48049'30"E, 35.88 FEET;
THENCE LEAVING THE CENTERLINE OF RICHLAND CREEK 848°20'57"E, 80.90 FEET; THENCE
S0r32'48"W, 92.88 FEET; THENCE 810018'59"E, 82.33 FEET; THENCE S24058VII"E, 70.05 FEET;
THENCE 822.47'11 "W, 48.93 FEET; THENCE S67612'49"E, 334.52 FEET; THENCE S24052'50"W,
268.55 FEET; THENCE A 37.00 FOOT RADIUS CURVE TO THE RIGHT 43.56 FEET (HAVING AN
INCLUDED ANGLE 870281)4", AND LONG CHORD BEARING 858'3e'53"W, 41.09 FEET) TO A POINT
ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (NCSR 1164);
THENCE CONTINUING ALONG THE PROPOSED NORTHERLY RIGHT OF WAY OF HYATT CREEK
ROAD N82'17-28"W, 27.81 FEET; THENCE N78°2126 WN, 234.88 FEET TO THE POINT ON THE
CENTERLINE OF RICHLAND CREEK AND THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 4.38 ACRES MORE OR LESS.
AKA LOT 2 SHOWN ON THE SURVEY PLAT ENTITLED MAJOR SUBDIVISION PLAT FOR
WAYNESVILLE COMMONS RETAIL ASSOCIATES, L.L.C. FILED FOR RECORD NOVEMBER 28, 2007
AND RECORDED IN MAP BOOK CABC PAGE 5122 AS INSTRUMENT NUMBER 2007869952 IN THE
OFFICE OF THE REGISTER OF DEEDS HAYWOOD COUNTY, NC.
In{trument# 2008001223 Book 727 page 1784
EXHIBIT B-2
Home Depot Legal Description
A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP,
HAYWOOD COUNTY, NORTH CAROUNA, AND MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE N.C.G.S. MONUMENT DAYCO (NAD 83), THENCE N37°21'19"E, 793.54 FEET
TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1164)
AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE
OF RICHLAND CREEK AND THE FOLLOWING 18 CALLS; N31025'46"W, 132.02 FEET; THENCE
N42023'34"W, 40.01 FEET; THENCE N23°31'1 1"W, 30.70 FEET; THENCE N01°44'31 E, 32.36 FEET;
THENCE N1 5°22'47"E, 115.46 FEET; THENCE N15TO'15"E, 55.27 FEET; THENCE NOSM'28"E, 65.71
FEET; THENCE NOM3'38"W, 44.72; THENCE N031148'16"E, 40.28 FEET; THENCE N13017'23"E, 25.29
FEET; THENCE N22002'58"E, 9.14 FEET; THENCE N21023'42"E, 22.09 FEET; THENCE N32034'35"E,
87.54 FEET; THENCE N46049'30"E, 35.86 FEET; THENCE N25032'57"E, 61.73 FEET; THENCE
N27025'42'E,159.16 FEET; THENCE N32033117"E, 160.92 FEET; THENCE N21025'05'E, 116.93 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CETNERLINE OF RICHLAND
CREEK AND THE FOLLOWING 5 CALLS; N21025'050E, 69.62 FEET THENCE N28019'53"E, 313.01
FEET; THENCE N19025'53"E, 3015.80 FEET; THENCE N0801026"E, 45.57 FEET; THENCE
N13057'12"E, 75.54 FEET TO THE POINT OF INTERSECTION OF RICHLAND CREEK AND ALLENS
CREEK; THENCE CONTINUING ALONG THE CENTERLINE OF ALLENS CREEK AND THE
FOLLOWING 9 CALLS; 871021'02"E, 74.35 FEET; THENCE 654°20'12"E, 39.50 FEET; THENCE
657°42'21"E, 116.97 FEET; THENCE 851°28'31"E, 76.50 FEET; THENCE 6461003"E, 84.71 FEET;
THENCE 844001'55"E, 117.86 FEET; THENCE S40°3826"E, 124.45 FEET; THENCE 839°52'01 "E,
14910 FEET; THENCE S48°45'50"E, 75.00 FEET TO A PK NAIL IN THE CENTERLINE OF THE
MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-OF-WAY; THENCE CONTINUING
ALONG THE CENTERLINE RAILWAY RIGHT-OF-WAY S1 7°25'43"W, 393.60 FEET TO A POINT ON
THE NORTH SIDE OF DAYCO DRIVE; THENCE LEAVING SAID CENTERLINE OF RAILROAD RIGHT
OF WAY AND CONTINUING ALONG SAID DAYCO DRIVE AND THE FOLLOWING 7 CALLS;
N72034'1S W, 39.13 FEET; THENCE N10030'19"E, 11.34 FEET; THENCE NI 702542"E, 27.24 FEET;
THENCE N72°34'18"W, 50.00 FEET; THENCE 817025'42"W, 27.24 FEET; THENCE A 68.50 RADIUS
CURVE TO THE LEFT 9.36 FEET, (HAVING AN INCLUDED ANGLE OF 7049-51", AND LONG CHORD
BEARING S1 3'32'08"W, 9.36 FEET); THENCE SW37'12"W, 11.36 FEET; THENCE LEAVING SAID
DAYCO DRIVE N88015'OS"W,191.05 FEET; THENCE S21044'50"W, 126.00 FEET; THENCE
N68915'08"W, 114.00 FEET; THENCE S21044'31"W, 47.66 FEET; THENCE N68`15'08W, 436.42 FEET
TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 12.45 ACRES MORE OR LESS.
AKA LOT 5 SHOWN ON THE SURVEY PLAT ENTITLED MAJOR SUBDIVISION PLAT FOR
WAYNESVILLE COMMONS RETAIL ASSOCIATES, L.L.C. FILED FOR RECORD NOVEMBER 28, 2007
AND RECORDED IN MAP BOOK CABC PAGE 5122 AS INSTRUMENT NUMBER 2007669952 IN THE
OFFICE OF THE REGISTER OF DEEDS HAYWOOD COUNTY. NC.
Instrument# 2008001223 Book 727 Page 1785
EXHIBIT B-3
Wal-Marl Legal Description
A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP,
HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE N.C.G.S. MONUMENT DAYCO (NAD 83), THENCE N37'21'19"E, 793.54 FEET
TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1164)
AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE
OF RICHLAND CREEK AND THE FOLLOWING 14 CALLS; N31'25'46'W,132.02 FEET; THENCE
N4r23'34"W, 60.01 FEET; THENCE N23'31'11 "W, 30.70 FEET; THENCE N01 044'31 E, 32.36 FEET;
THENCE N1 5'22'47"E, 115.48 FEET; THENCE N15V91 5"E, 55.27 FEET; THENCE N08'00'28"E, 65.71
FEET; THENCE N0202338"W, 44.72 FEET; THENCE N03448'1 15"E. 40.28 FEET; THENCE N13°17'23"E,
23.29 FEET; THENCE N22002'58"E, 9.14 FEET; THENCE N2102342"E, 22.09 FEET; THENCE
N32*34'35"E, 87.54 FEET; THENCE N46949'30"E, 35.88 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE CENTERLINE OF RICHLAND CREEK THE FOLLOWING 4
CALLS; THENCE N25032'57"E, 61.73 FEET, THENCE N27025'42"E, 159.15 FEET; THENCE
N32033'1 7'E, 160.92 FEET; THENCE N21025'05"E, 116.93 FEET; THENCE LEAVING THE
CENTERLINE OF RICHLAND CREEK 868.15'08E, 436.42 FEET, THENCE N21044'31"E, 47.66 FEET;
THENCE 868°15'08"E, 114.00 FEET; THENCE N21044'50"E,126.00 FEET; THENCE S0801 5'08"E,
191.05 FEET TO A POINT ON DAYCO DRIVE RIGHT OF WAY; THENCE CONTINUING ALONG SAID
RIGHT OF WAY AND THE FOLLOWING 4 CALLS; SW37'12"W, 95.37 FEET; THENCE 880122'48"E,
50.00 FEET; THENCE N09.37112'E, 38.37 FEET; THENCE S72°34'1 9"E, 31.04 FEET TO A POINT ON
THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN RAILWAY RIGHT-OF-WAY;
THENCE LEAVING SAID DAYCO DRIVE RIGHT OF WAY AND CONTINUING ALONG THE
CENTERLINE OF RAILROAD RIGHT OF WAY 617°2543"W, 685.35 FEET TO A POINT ON THE
WESTERLY RIGHT OF WAY OF 19A & 23 BUSINESS; THENCE S47"35'51 "W, 100.21 FEET ALONG
THE WESTERLY RIGHT-OF-WAY OF 19A & 23 BUSINESS; THENCE A 457.00 FOOT RADIUS CURVE
TO THE LEFT 167.69 FEET (HAVING AN INCLUDED ANGLE OF 21001'27" AND LONG CHORD
BEARING 637'05'07"W, 168.75 FEET); THENCE A 863.50 FOOT RADIUS CURVE TO THE LEFT 29.18
FEET (HAVING AN INCLUDED ANGLE OF 2031'13" AND LONG CHORD BEARING 836.24'42"W, 29.18
FEET); THENCE N66'59'17'W, 7.18 FEET; THENCE N29024'41"W, 25.94 FEET; THENCE A 136.00
FOOT RADIUS CURVE TO THE RIGHT 89.10 FEET (HAVING AN INCLUDED ANGLE OF 37032'07",
AND LONG CHORD N65'58'52"W, 87.51 FEET); THENCE N67'12'49'W, 96.74 FEET; THENCE A 27.50
FOOT RADIUS CURVE TO THE LEFT 42.19 FEET (HAVING AN INCLUDED ANGLE OF 87654'21" AND
LONG CHORD BEARING 868.50'01 "W, 38.17 FEET); THENCE 624'52'50"W,156.88 FEET, THENCE
TO A POINT ON THE PROPOSED NORTHERLY RIGHT OF WAY OF HYATT CREEK ROAD (NCSR
1184) ON A 37.00 FOOT RADIUS CURVE TO THE LEFT 33.37 FEET (HAVING AN INCLUDED ANGLE
OF 51040'18", AND LONG CHORD S00'57"19"E, 32.25 FEET); THENCE N61916'109M, 107.53 FEET
ALONG THE PROPOSED NORTHERLY RIGHT OF WAY OF HYATT CREEK ROAD (NCSR 1164);
THENCE LEAVING THE PROPOSED HYATT CREEK ROAD (NCSR 1184) RIGHT OF WAY ON A 37.00
FOOT RADIUS CURVE TO THE LEFT 21.78 FEET (HAVING AN INCLUDED ANGLE 33044'03", AND
LONG CHORD BEARING N41'44'52"E, 21.47 FEET); THENCE N24052'50"E, 268.55 FEET; THENCE
N67.12'4nV, 334.52 FEET; THENCE N22147'11'E, 48,93 FEET, THENCE N241058'01"W, 70.05 FEET;
THENCE N10°16'59"W, 82.33 FEET; THENCE NW32'48"E, 92.88 FEET; THENCE N46020'57W, 80.90
FEET TO A POINT ON THE CENTERLINE OF RICHLAND CREEK AND THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 16.40 ACRES MORE OR LESS.
AKA LOT 6 SHOWN ON THE SURVEY PLAT ENTITLED MAJOR SUBDIVISION PLAT FOR
WAYNESVILLE COMMONS RETAIL ASSOCIATES, L.L.C. FILED FOR RECORD NOVEMBER 28, 2007
AND RECORDED IN MAP BOOK CABC PAGE 5122 AS INSTRUMENT NUMBER 2007669952 IN THE
OFFICE OF THE REGISTER OF DEEDS HAYWOOD COUNTY, NC.
Ingtrument# 2008001223 Book 727 page 1786
EXHIBIT B-4
Outparcels Legal Description
A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP,
HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS;
COMMENCING AT THE N.C.G.S. MONUMENT DAYCO (NAD 83), THENCE N37.21'19"E, 783.54 FEET
TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1184)
AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE NORTHERLY
RIGHT OF WAY OF HYATT CREEK ROAD AND THE FOLLOWING 4 CALLS; 678021'28"E, 234.88
FEET; THENCE S8r17'28"E, 27.81 FEET; THENCE A 37.00 FOOT RADIUS CURVE TO THE LEFT
21.78 FEET (HAVING AN INCLUDED ANGLE OF 33044'03" AND LONG CHORD OF N75'28'54"E,
21.47 FEET); THENCE 881015'10"E, 107.53 FEET TO THE POINT OF BEGINNING; THENCE LEAVING
THE NORTHERLY RIGHT OF WAY OF HYATT CREEK ROAD ON A 37.00 FOOT RADIUS CURVE TO
THE RIGHT 33.37 FEET (HAVING AN INCLUDED ANGLE OF 51040'18", AND LONG CHORD
N00'57"1 9"W, 32.25 FEET); THENCE N24052'50"E, 158.88 FEET; THENCE A 27.50 FOOT RADIUS
CURVE TO THE RIGHT 42.19 FEET (HAVING AN INCLUDED ANGLE OF 87054'21', AND LONG
CHORD BEARING N68.50'01"E, 38.17 FEET); THENCE S67012'49"E, 96.74 FEET; THENCE A 138.00
FOOT RADIUS CURVE TO THE LEFT 89.10 FEET (HAVING AN INCLUDED ANGLE OF 37032'07",
AND LONG CHORD S85°58'52"E, 87.51 FEET); THENCE 829024'41"E, 25.94 FEET; THENCE
888'59'17"E, 7.18 FEET TO A POINT ON THE RIGHT-OF-WAY OF BALSAM ROAD (U.S. 23
BUS.(NCSR 1243)); THENCE CONTINUING ON SAID ROAD RIGHT-OF-WAY ON A 663.50 FOOT
RADIUS CURVE TO THE LEFT 39.49 FEET (HAVING AN INCLUDED ANGLE OF 3°24'37" AND LONG
CHORD BEARING S33'26'47"W, 39.49 FEET); THENCE CONTINUING ON SAID ROAD RIGHT-OF-
WAY ON A 337.52 FOOT RADIUS CURVE TO THE LEFT 54.66 FEET (HAVING AN INCLUDED ANGLE
OF 9016'44" AND LONG CHORD BEARING S20°47'36"W, 54.60 FEET); THENCE 615021'30"W, 49.80
FEET; THENCE A 53.50 FOOT RADIUS CURVE TO THE RIGHT 80.47 FEET (HAVING AN INCLUDED
ANGLE OF 88010'37" AND LONG CHORD BEARING S58'26'49"W, 73.10 FEET), LEAVING SAID
ROAD RIGHT-OF-WAY AND CONTINUING ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF
HYATT CREEK ROAD (NCSR 1184); THENCE N78927'46"W 157.74 FEET; THENCE A 37.00 FOOT
RADIUS CURVE TO THE RIGHT 33.37 FEET (HAVING AN INCLUDED ANGLE OF 51040'18" AND
LONG CHORD BEARING N52.37'37"1N, 32.25 FEET) TO THE POING OF BEGINNING.
SAID PARCEL CONTAINS 1.11 ACRES MORE OR LESS.
AKA LOT 1 SHOWN ON THE SURVEY PLAT ENTITLED MAJOR SUBDIVISION PLAT FOR
WAYNESVILLE COMMONS RETAIL ASSOCIATES, L.L.C. FILED FOR RECORD NOVEMBER 28, 2007
AND RECORDED IN MAP BOOK CABC PAGE 5122 AS INSTRUMENT NUMBER 2007889952 IN THE
OFFICE OF THE REGISTER OF DEEDS HAYWOOD COUNTY, NC.
Instrument# 2008001223 Book 727 Page 1787
B-4 CONTINUED
A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP,
HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE N.C.G.S. MONUMENT DAYCO (NAD 83), THENCE N37-21'19"E, 793.54 FEET
TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1164)
AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE
OF RICHALNO CREEK AND THE FOLLOWING 18 CALLS; N31025'46"W, 132.02 FEET; THENCE
N42023'349N, 60.01 FEET; THENCE N23'31'1 1"W, 30.70 FEET; THENCE N01044'31 E. 32.38 FEET;
THENCE N15'22'47"E, 115.48 FEET; THENCE N1500915"E, 55.27 FEET; THENCE N08'00'28"E, 65.71
FEET; THENCE N02023'38"VV, 44.72 FEET; THENCE N03'48'1 8"E, 40.28 FEET; THENCE N1 3017'23"F-,
25.29 FEET; THENCE N22'02'58"E, 9.14 FEET; THENCE N21023'42"E, 22.09 FEET; THENCE
N32634'35-E, 87.54 FEET; THENCE N46149'30"E, 35.86 FEET; THENCE N25032'57"E, 61.73 FEET;
THENCE N27025'42"E, 159.15 FEET; THENCE N32033'17"E, 160.92 FEET; THENCE N21025'05'E,
116.93 FEET; THENCE LEAVING THE CENTERLINE OF RICHALND CREEK; SW15'06E, 438.42
FEET; THENCE N21114411 "E, 47.66 FEET; THENCE S68°1 5'08'E, 114.00 FEET; THENCE
N21044'50"E, 126.00 FEET; THENCE S88.151)8"E, 191.05 FEET TO A POINT ON DAYCO DRIVE;
THENCE CONTINUING ON SAID DAYCO DRIVE AND THE FOLLOWING 4 CALLS; S09037'12"W,
95.37 FEET; THENCE 680022'48"E, 50.00 FEET; THENCE NW37'12"E, 38.37 FEET; THENCE
872034'19"E, 31.04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF
SOUTHERN RAILWAY RIGHT-OF-WAY AND THE POINT OF BEGINNING; THENCE CONTINUING
ALOND THE SOUTH RIGHT OF WAY OF DAYCO DRIVE 872034'1 9-E. 25.67 FEET; THENCE A 66.40
FOOT RADIUS CURVE TO THE RIGHT 70.85 FEET (HAVING AN INCLUDED ANGLE OF 81008'24",
AND LONG CHORD BEARING S42.33'13'E, 67.54 FEET); THENCE S12002221E, 208.04 FEET;
THENCE A 113.50 FOOT RADIUS CURVE TO THE LEFT 42.87 FEET (HAVING AN INCLUDED ANGLE
OF 21°38'37", AND LONG CHORD BEARING S22'51'41"E, 42.62 FEET); THENCE A 38.58 FOOT
RADIUS CURVE TO THE RIGHT 52.58 FEET (HAVING AN INCLUDED ANGLE OF 82022'05", AND
LONG CHORD BEARING 808.55'43"W, 48.17 FEET) TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY OF 19A & 23 BUSINESS; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY 847'35'51"E,
443.47 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN
RAILWAY RIGHT-OF-WAY; THENCE LEAVING SAID ROAD RIGHT-OF-WAY N17'25'43"E, 678.19
FEET ALONG SAID RAILWAY RIGHT-OF-WAY TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.99 ACRES MORE OR LESS.
AKA OUTLOT 3 SHOWN ON THE SURVEY PLAT ENTITLED MAJOR SUBDIVISION PLAT FOR
WAYNESVILLE COMMONS RETAIL ASSOCIATES, L.L.C. FILED FOR RECORD NOVEMBER 28, 2007
AND RECORDED IN MAP BOOK CABC PAGE 5122 AS INSTRUMENT NUMBER 2007869952 IN THE
OFFICE OF THE REGISTER OF DEEDS HAYWOOD COUNTY, NC.
In*trument# 2008001223 Book 727 page 1788
B-4 CONTINUED
LOT 4 DESCRIPTION
A PARCEL OF LAND LOCATED IN TOWN OF WAYNESVILLE, WAYNESVILLE TOWNSHIP,
HAYWOOD COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE N.C.G.S. MONUMENT DAYCO (NAD 83), THENCE N37'21'19'E, 793,54 FEET
TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY OF HYATT CREEK ROAD (SR 1164)
AND THE CENTERLINE OF RICHLAND CREEK; THENCE CONTINUING ALONG THE CENTERLINE
OF RICHLAND CREEK AND THE FOLLOWING 18 CALLS; N31025'46"W, 132.02 FEET; THENCE
N42e23'34'W, 80.01 FEET; THENCE N23031'11"W, 30.70 FEET; THENCE N01044'31E, 32.36 FEET;
THENCE N1 5°22'47"E, 115.46 FEET; THENCE N15°09'15"E, 55.27 FEET; THENCE N08600'28"E, 85.71
FEET; THENCE N02023'38"W, 44.72 FEET; THENCE N03048'1 6"E, 40.28 FEET; THENCE N13°17'23"E,
25.29 FEET; THENCE N22002'58"E, 9.14 FEET; THENCE N2102342"E, 22.09 FEET; THENCE
N32034'35"E, 87.54 FEET; THENCE N46049'30'E, 35.86 FEET; THENCE N25032'57"E, 81.73 FEET;
THENCE N27'2542"E, 159.15 FEET; THENCE N32033'17"E, 160.92 FEET; THENCE N21025'05"E,
118.93 FEET; THENCE LEAVING THE CENTERLINE OF RICHALND CREEK S88011 5'08E, 438.42
FEET; THENCE N21044'31"E, 47.88 FEET; THENCE S88915'08"E, 114.00 FEET; THENCE
N21044'50"E, 128.00 FEET; THENCE 888015'08"E, 191.05 FEET TO A POINT ON DAYCO DRIVE;
THENCE ALONG SAID DAYCO DRIVE AND FOLLOWING 4 CALLS; THENCE $09°37'12"E, 95.37
FEET; THENCE SM2'48"E, 50.00 FEET; THENCE N09°37'12"E, 38.37 FEET; THENCE S72°34'19"E,
31.04 FEET TO A POINT ON THE CENTERLINE OF MURPHY BRANCH DIVISION OF SOUTHERN
RAILWAY RIGHT-OF-WAY; THENCE ALONG SAID CENTERLINE OF RAILROAD RIGHT OF WAY
NI 7025'43"E. 59.00 FEET LEAVING THE SOUTHERLY DAYCO DRIVE RIGHT-OF-WAY TO A POINT
ON THE NORTHERLY SIDE OF DAYCO DRIVE RIGHT-OF-WAY AND THE POINT OF BEGINNING;
THENCE N17025'430E, 393.60 FEET ALONG SAID CENTERLINE OF RAILWAY RIGHT-OF-WAY TO A
PK NAIL AT THE INTERSECTION WITH ALLENS CREEK; THENCE LEAVING SAID RAILWAY RIGHT-
OF-WAY S56043'27"E, 60.17 FEET; THENCE 877054'27"E, 58.23 FEET; THENCE S1 0'04'38"E, 250.97
FEET; THENCE 805034'46"E, 109.44 FEET; THENCE 877'25'18"W, 193.72 FEET TO A POINT ON
THE NORTHERLY DAYCO DRIVE RIGHT-OF-WAY; THEN CONTINUING ON SAID DAYCO DRIVE
RIGHT-OF-WAY ON A 108.50 FOOT RADIUS CURVE TO THE LEFT 92.66 FEET (HAVING AN
INCLUDED ANGLE OF 49050'52", AND LONG CHORD BEARING N47'38'52"W, 89.76 FEET); THENCE
N72°34'1 8"W, 23.39 FEET TO THE CENTERLINE OF SAID RAILWAY RIGHT-OF-WAY AND THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.81 ACRES MORE OR LESS.
AKA LOT 4 SHOWN ON THE SURVEY PLAT ENTITLED MAJOR SUBDIVISION PLAT FOR
WAYNESVILLE COMMONS RETAIL ASSOCIATES, L,L.C. FILED FOR RECORD NOVEMBER 28, 2007
AND RECORDED IN MAP BOOK CABC PAGE 5122 AS INSTRUMENT NUMBER 2007669952 IN THE
OFFICE OF THE REGISTER OF DEEDS HAYWOOD COUNTY, NC.
PA1270CM2765112766 L"M Dnerlpllom.doc
Instrumentt 2008001223 Book 727 Page 1789
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InstrumanO 2008001223 Book 727 Page 1791
EXHIBIT D
Approved Plans
T119 Honx Depot - Waynesville Town Center
11"aynessIlle, NC
Prepared 1t, Wade THin Gronp, Inc.
C-0.1 corer Sleet ....... 7/18/07
C-0.2 Existing ToPagaPhy 10/10/06 7/18/07
C-0.3 Demolition Plan 10110/06 7118/07
C-1.0 Site Plan 10/10!06 7/18107
C'-1.1 Site Details 10110106 71,18/07
C-1.2 Site Details 10/10,'06 7/18107
C-1.3 Ctwbed Island Details 10/10/06 7118107
C-1.4 Coustruction SPeciflcations 10110/06 7118107
C-1.5 ConstntctiouSpec ificatious 10/10/06 7/18107
C-2.0 Grading Plan 10/10/06 7/18107
C-2.1 Grading Plan 10/10/06 7118107
C-2.3 Construction specifications 10/10106 7118107
C-2.3 Coustntction specifications 10x10/06 7118/07
C-2.4 Retaining Wall Profiles & Cross Sections 10/10/06 748/07
C--3.5 Retaining Wall Profiles &. Cross Sections 10/10/06 7/18/07
C-2.6 Retaining Wall Profiles & Crass Sections 10010/06 7/18107
C-3.0 Utility Plan 10/10/06 7/18./07
C-3.1 utility Plan 10/10/06 7/18107
C-3.2 Sanitary Sewer Profiles 10/10/06 7118/07
C-3.3 Stonu Sewer Profiles 10110106 7118/07
C-3.38 Storm Sewer Profiles 10010/06 7/18/07
C-3.4 Water Maul Profiles 10110,106 7118/07
C-33 Utility Details 101101'06 7118/07
C-3.6 Utility Details 10/10/06 7/18/07
C-3.7 Utility Details 10/10106 7118/0?
C-3.8 Sand Filter Plan and Details 10/10106 7!18/07
C-3.9 Utility Specifications 10/10106 7/18/07
C-4.0 Site Lighting Plans (WLS) 10/10/06 7118:07
C-4.1 Site Lighting Circuit Plan 10110/06 7118107
C-4.2 Site Lighting Details & Notes 10110106 7118/07
L-1 Tree Planting Plan 09/20/06 6/01'07
L-2 Enlarpted Detail Planting Plan 09/20/06 6/01/07
L-3 Laudscape Specifications 09120/06 6/01107
C-6.0 SESC/SWPP Plan-Phase I 10/10/06 7118'07
C-6.1 SESC/SWPP Plan-Phase lI 10/10/06 7/18/07
C-6.2 SESC/SWPP Details & Notes 10110106 7118107
C-6.3 SESC/SWPP Details & Notes 10/10/06 ?/18/07
-1-
THD - Waymmille Town Center
Waynesstilk. NC
:0051046
6'5'07 (Revised 7 20 07)
In4trument# 2008001223 Book 727 Page 1792
TABLE OF CONTENTS
1.1 Parties .............................................................................................................................. 1
1.2 Purpose .............................................................................................................................1
1.3 Definitions ........................................................................................................................1
2. BUILDING AND COMMON AREA DEVELOPMENT ......................................................... 5
2,1 Building Location .............................................................................................................. 5
2.2 Common Area ................................................................................................................... 5
2.3 Type and Design of Building .............................................................................................. 5
2.4 Construction Requirements ................................................................................................ 6
2.5 Temporary License ............................................................................................................ 7
2.6 Indemnity .......................................................................................................................... 8
2.7 Approval Procedures ......................................................................................................... 8
3. EASEMENTS ..........................................................................................................................8
3.1 Ingress, Egress and Parking ............................................................................................... 8
3.3 Utility Lines and Facilities ................................................................................................ 9
3.4 Signs .............................................................................................................................. 10
3.5 Dedication to Public Entities ............................................................................................ 10
3.6 No Merger ...................................................................................................................... 10
3.7 Permanent Service Drive ................................................................................................. 11
3.8 Storm Drainage and Detention Easements ......................................................................... 11
4. OPERATION OF COMMON AREA ....................................................................................11
4.1 Parking ........................................................................................................................... 11
4.2 Employee Parking ........................................................................................................... 12
4.3 Signs ............................................................................................................................. 12
4.4 Protection of Common Area ............................................................................................. 13
4.5 Changes to Common Area ................................................................................................ 14
5. RESTRICTIONS ON USE ....................................................................................................14
5.1 Home Improvement Store Restrictions .............................................................................. 14
Instrument# 2008001223 Book 727 Page 1793
5.2 Shopping Center Restrictions ........................................................................................... 15
6. MAINTENANCE STANDARDS ...........................................................................................17
6.1 Maintenance Obligations .................................................................................................17
6.2 Duty to Maintain .............................................................................................................18
6.3 Indemnity Against Liens .................................................................................................. 18
7. LIGHTING ............................................................................................................................18
8. PAYMENT OF TAXES .......................... is
8.1 Taxes and Assessments ....................................................................................................19
8.2 Failure to Pay Taxes and Assessments .............................................................................. 19
9. Successors and Asdgas; Limitation on Release .....................................................................19
10. DEFAULT ..................... .............................................................................,...................... 19
10.1 Default ...........................................................................................................................19
10.2 Self-Help ....... ................................................................................................................ 19
10.3 Remedies Cumulative ...................................................................................................... 20
11. LIEN FOR EXPENSES OR TAXES ................................................................................. 20
11.1 Effectiveness of Lien ...................................................................................................... 20
11.2 Priority of Lien .......... ................................................................................................... 20
12. LIABILI'T`Y INSURANCE; INDEMNIFICATION ........................................................... 21
12.1 Liability Insurance ........................................................................................................... 21
12.2 Insurance Coverage During Construction .......................................................................... 22
12.3 Indemnification by Owners .............................................................................................. 23
13. PROPERTY DAMAGE AND EMINENT DOMAIN ............. ... 24
13.1 Damage to Buildings ...................................................................................................... 24
13.2 Casualty Damage to Common Areas ................................................................................. 24
13.3 Property Insurance ........................................................................................................... 24
13.4 Waiver of Subrogation ..................................................................................................... 25
13.5 Eminent Domain ............................................................................................................. 25
In4trument$ 2008001223 Book 727 page 1794

14. GENERAL PROVISIONS ................................................................................................. 25
14.1 Covenants Run With the Land .......................................................................................... 25
14.2 No Public Dedication ........................................................................................................... 25
14.3 Duration ......................................................................................................................... 25
14.4 Wunctive Relief .............................................................................................................. 26
14.5 Modification and Termination .......................................................................................... 26
14.6 Method of Approval ........................................................................................................ 26
14.7 Multiple Owners ............................................................................................................. 26
14.8 Estoppel Certificates ......................................................................... 27
14.9 Breach Shall Not Permit Termination ............................................................................... 27
14.10 Notices ............................................................................................................................. 27
14.11 Waiver .............................................................................................................................. 28
14.12 Attorneys' Fees ................................................................................................................... 29
14.13 Severability ......................................................................................... 29
14,14 Not a Partnership ............................................................................................................... 29
14.15 Captions and Headings ........................................................................ 29
14.16 Interpretation ..................................................................................................................... 29
14.17 Entire Agreement ............................................................................................................... 29
14.18 Joint and Several Obligations .............................................................................................. 29
14.19 Recordation ....................................................................................................................... 29
14.20 Limitation on Liability ........................................................................................................ 29
14.21 Lienholder Protection ....................................... ............. .................................................. 30
14.22 Variances ........................................................................................................................... 30
14.23 Time of Essence ................................................................................................................. 30
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Permit Nunalacr: _01 - n 11 Le v 3
(to beprorlded ha,1)IYQ)
Drainage Area Number:-T_
Sand Filter Operation and Maintenance Agreement
I will keep a maintenance record on this I3MP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. I laese deficiencies can affect the integrity of
structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
'rhe drainage area will be carefully managed to reduce the Sediment load to the
sand filter.
Once is year, sand media will be skimmed.
- The sand filter media will be replaced whenever it fails to function properly after
vacuuming.
The sand filter will be inspected quarterly and within 24 hours after every storm event
greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and
maintenance will be kept in a known set location and will be available upon requVst.
Inspection activities shall be performed as follows. Any problems that are found shall be
repaired immediately.
BMP clement: Potentia?aroblena: How I will remediate the problem
The entire BMP Trash/debris is present. Remove the trash/debris.
The adjacent pavement Sediment is present can the Sweep or vactiwat the sediment as
(if applicable) __
e
_ aal.._??111ent surfac ___._
__ soon as possible.
The perimeter of the and/or
Areas of bare soil Regrade the soil if necessary to
sand filter erosive gullies have formed, remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer a plieation.
Vegetation is too short or too Maintain vegetation at a height of
long. approximately six inches.
The flow diversion The structure is clogged. Unclog; the conveyance and dispose
structure of an sediment off-site.
The structure is damaged. Make any necessary repairs or
replace if damage is too large for
_ repair.
The pretreatment area Sediment has accumulated to Search for the source of the
a depth of greater than six sediment and remedy the problem if
inches. possible. Remove the sediment and
dispose of it in a location where it
will not cause impacts to streams or
tile BMII.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or ripriap if needed to
prevent future erosion problems.
Welds are present. -
Remove the weeds, preferably by
hand. If a pesticide Is used, wipe it
on the lams rather than s ara in F.
Donn SW 0I-Sand Filter O&M-Rcv,:3 Page I ol'3
BMP element: Potential roblem: How I will remediate tile problem
The filter bed and Water is ponding on the Check to see if the collector system
underdrain collection surface for more than 24 is clogged and flush if necessary. If
system hours after a storm. water still ponds, remove the top
few inches of filter bed media and
replace. If water still ponds, then
consult an expert.
The outflow spillway Shrubs or trees have started Remove shrubs and trees
and pipe to 'row on the embankment. immediately.
,me outflow pipe is clogged. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future carosion problems.
The outfiow lip e is damaged. Repair or replace the pipe.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality 101 Oversight Unit at 919-
Outlet. 733-1786.
Form SMOI-Sand Filter O&M-Rev,3 Page 2 of 3
Permit Number: ?.__.
(ro be pi-ovicJed L)' DWQ)
I acknowledge and agree by my signature below that I ant responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ ofany
problems with the system or prior to any changes to the system or responsible party.
1'ro%ecl nuu»te:Wa nesville Conltttatts - 13cst l3uLat 1._. __ ?__ _.--
131191' (b•oinoge onw inti ther:2
Print nante:David A. Scarnati
Title:Director of Devclol.)metlt
.
Address:1765 Merriman Road. krnn. 01114411-3
Phonc:330-869-276
Note: The legally responsible party should not be it homeowners association unless more than 50% of
the lots have been sold and it resident of the subdivision has been named the president.
1, __ ., a Notary Public for the State of
--wj??__l..__.____..__ , County of 4??,.?: r , do hereby certify that
personally appeared before file this --?Oct
day of ? ° nta* _._, a).up±c , and acknowledge the due execution ol•the
torgoing sand filter maintenance requirements. Witness my hand and official seal,

Julie A. Lasky
e J - Resident Summit County
* Notary Public, Sinto of ON
? y s My Commission Expires, 05102
20

?,ngn•,an,V
SFAL
My commission expires V241 1___.....
Dorm SW40I-Sand filter O&M-Rev.3 Page 3 of
Permit Number: D I - D.' _?, (V Tv' -1
(to be provided by DWQ)
.AC*A
NCDEHpt
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
SAND FILTER SUPPLEMENT
This form must be filled out on line, printed and submitted with all of the required information.
Make sure to also fill out and submit the Required Items Checklist (Section I//) and the I&M Agreement (Section IV)
??F WATFgO
{. PROJECT INFORMATION
Project name Waynesville Commons - Best Buy, Lot 2
Contact name Charles J. Christy
Phone number 828-337-0251
Date
Drainage area number
September 22, 2008
Roof and Loading dock, Drainage Area 2
II. DESIGN INFORMATION
Site Characteristics
Drainage area (AD)
Impervious area
% Impervious (IA)
Design rainfall depth (RD)
Peak Flow Calculations
1-yr, 24-hr runoff depth
1-yr, 24-hr intensity
Pre-development 1-yr, 24-hr runoff
Post-development 1-yr, 24-hr runoff
Pre/Post 1-yr, 24-hr peak control
Storage Volume
Design volume (WQV)
Adjusted water quality volume (WQVAdi)
Volume contained in the sedimentation basin and on top of the sand filter
Maximum head on the sedimentation basin and sand filter (hMaxFifter)
Average head on the sedimentation basin and sand filter (hA)
Runoff Coefficient (Rv)
Type of Sand Filter
Open sand filter?
If this is an open sand filter: The clearance between the bottom of the sand
filter and the SHWT (dSHWT)
Closed/pre-cast sand filter?
If this is a closed sand filter: The clearance between the bottom of the sand
filter and the SHWT (dSHwr)
If this is a closed, underground closed sand filter: The clearance between
the surface of the sand filter and the bottom of the roof of the underground
structure (dspace)
35,314.00 ft2 OK
35,314.00 ftZ
100.0%%
1.00 in
in
in/hr
ft3/sec
ft3/sec
ft3/sec
2,798.00 ft3
2,098.50 ft3 OK
2,426.00
2.00 ft OK
1.00 It OK
0.95 (unitless)
Yor N
YorN
1.00 ft
Form SW401-Sand Filter-Rev.3 Parts I and H. Project Design Summary, Page 1 of 3
Sedimentation Basin
Surface area of sedimentation basin (As)
Sand Filter
Surface area of sand filter (AF)
Depth of the sand media filter bed (dF)
Coefficient of permeability for the sand filter (k)
Time to drain the sand filter (t)
Time to drain the sand filter (t)
Additional Information
Does volume in excess of the design volume bypass the sand filter?
Is an off-line flow-splitting device used?
Does volume in excess of the design volume flow evenly distributed through a
vegetated filter?
What is the length of the vegetated filter?
Does the design use a level spreader to evenly distribute flow?
Is the BMP located at least 30ft from surface waters (50ft if SA waters)?
Is the BMP located at least 100ft from water supply wells?
Are the vegetated side slopes equal to or less than 3:1
Is the BMP located in a recorded drainage easement with a recorded access
easement to a public Right of Way (ROW)?
What is the width of the sedimentation chamber/forebay (Wsed)?
What is the depth of sand over the outlet pipe?
Figure 1: Open Sand Filter
seduuentation
Chaurber
i or Foi ebw i
Flow
---?.
_' ft
In-Srhr soil
.........................
«'saa
Permit Number:
(to be provided by DWQ)
OK. Meets minimum, but may need to be increased to
331.00 ft' contain the required volume if error under Storage
Volume section.
OK. Meets minimum, but may need to be increased to
882.00 ftZ contain the required volume if error under Storage
Volume section.
1.50 ft
3.50 (ft/day)
24.00 hours OK. Submit drainage calculations.
1.00 days
Y Y or N OK
Y YorN OK
N Y or N Excess volume must pass through filter.
TI
Yor N
Y YorN OK
Y Y or N OK
Y Y or N OK
Y Y or N OK
12.50 ft OK
1.16 ft OK
sand Filier
?''hanrbrr
?.nrtlet Pipe
`IPiv4 (IF,
........... ..S
21 ft IsHwr
Hruh Waler Table
Form SW401-Sand Filter-Rev.3 Parts I and II. Project Design Summary, Page 2 of 3
Permit Number:
(to be provided by DWQ)
Figure 2: Closed Sand Filter
Co?•er Ctrates
We"
Float SmIA
.? Outlct hpc
"Wellaurl
Flo( ?.
?
, .
`
1 { ................... , (
pace

' c (Ipipe (IF
(
m?aetc Ior oNlct
hu.hual ulateuall .................................i
Ll-tiltll Soil }L'` ft ° (6Hwr
Sca:'Ollably HI¢!1
Water Table
' L-Y?I
\t'ater Sedilneutatioll ('halubcl (Fr#lebay)
sedfmaus
(Heav Sand Filtcl ('Laalbcl
d S
hd
(T
('ollected y
, rappe
o
o
brgarucc, Debris)
.............
IV Sod
Form SW401-Sand Filter-Rev.3 Parts I and II. Project Design Summary, Page 3 of 3
Permit No.
(to be provided by DWQ)
III. REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal
package will result in a request for additional information. This will delay final review and approval of the project. Initial
in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the
agent may initial below. If a requirement has not been met, attach justification.
Initials Pagel Plan
Sheet No.
j 1 1. Plans (1" - 50' or larger) of the entire site with labeled drainage area boundaries
2 I -System dimensions (length, width, and depth) for both the sedimentation chamber and the filter
chamber
f .? - Maintenance access,
G' 2• - Flow splitting device,
0 - Proposed drainage easement and public right of way (ROW),
C - 2,2- Design at ultimate build-out,
WA - Off-site drainage (if applicable), and
,.-V Boundaries of drainage easement.
2. Plan details (1" = 50' or larger) for the sand filter showing:
C. 2 1 - System dimensions (length, width, and depth) for both the sedimentation chamber and the filter
chamber
G ?• 0 - Maintenance access,
G- 2.1- Flow splitting device,
_ 1.0 - Proposed drainage easement and public right of way (ROW),
G_2.2-- Design at ultimate build-out,
Nip} - Off-site drainage (if applicable), and
2.2 Boundaries of drainage easement.
3. Section view of the sand filter (1" = 20' or larger) showing:
-2.1- Depth(s) of the sedimentation chamber and sand filter chamber,
L 2j - Depth of sand filter media
c-2. I - Connection between the sedimentation chamber and the sand filter chamber,
C-2.1- SHWT level(s)
C , Z I - Outlet pipe, and
- Clearance from the surface of the sand filter to the bottom of the roof of the underground structure (if
applicable)
C?:l L 4. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The
results of the soils report must be verified in the field by DWQ, by completing & submitting the soils
investigation request form. County soil maps are not an ac eptable source of soils information.
TEST P/ t t/G,l eJ hD des; ?- 64-1
5. Supporting calculations (including drainage calculations) a't6 e_ 4a
SL?? 6. Signed and notarized operation and maintenance (0&M) agreement
cli _C- y 7. A copy of the deed restrictions (if required). ??Gc - Q {EGG,
Form SW401-Sand Filter-Rev.3 Part III, Page 1 of 1
Best Buy Sand Filter Drainage Area 2 Type 1124-hr lyr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HvdroCAD® 8.50 SAMPLER s/n 026033 © 2007 HvdroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Subcatchment DA2: Roof and Loading Dock, Drainage Area 2
Hydrograph
4-
ds
3.77
Tyne 11 24-h r1yr
Rainfal1=?3.00'"
3 Runoff Ar:,ea'=35,31 4 sf
Runoff'' Volume=8,"147 cf
Runoff'
h-
277
2 Flow 'Length=293'
Tc=3.0 rn i h
CN=98
1
® Runoff
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Sand Filter Drainage Area 2 Type// 24-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Subcatchment DA2: Roof and Loading Dock, Drainage Area 2
Runoff = 3.77 cfs @ 11.93 hrs, Volume= 8,147 cf, Depth= 2.77"
Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Type II 24-hr lyr Rainfall=3.00"
Area (sf) CN Description
30,399 98 Paved parking & roofs
4,915 98 Paved parking & roofs
35,314 98 Weighted Average
35,314 Impervious Area
Tc Length Slope Velocity Capacity Description
(min) (feet) (ft/ft) (ft/sec) (cfs)
2.3 160 0.0100 1.16 Sheet Flow, Roof
Smooth surfaces n= 0.011 P2= 3.28"
0.7 133 0.0050 3.21 2.52 Circular Channel (pipe), Storm
Diam= 12.0" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.013 Corruqated PE. smooth interior
3.0 293 Total
Best Buy Sand Filter Drainage Area 2 Type// 24-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HvdroCADO 8.50 SAMPLER s/n 026033 © 2007 HvdroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Pond SF: Sand Filter
Hydrograph
3.77 ds
3.65d5 Inflow ',Area=35
4 b
3.BUds - : - -- Peak',. E.lev=2,75',6.76'
Storage=2,422 cf
3
- --- --
I
0 2
1 I I
¦ Inflow
I Outflow
? Primary
? Secondary
0
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 7734 3673876-42-4'4 46 48
Time (hours)
Best Buy Sand Filter Drainage Area 2 Type// 24-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Pond SF: Sand Filter
Inflow Area = 35,314 sf,100.00% Impervious, Inflow Depth = 2.77" for lyr event
Inflow = 3.77 cfs @ 11.93 hrs, Volume= 8,147 cf
Outflow = 3.65 cfs @ 11.95 hrs, Volume= 8,147 cf, Atten= 3%, Lag= 0.9 min
Primary = 0.05 cfs @ 11.95 hrs, Volume= 4,946 cf
Secondary = 3.60 cfs @ 11.95 hrs, Volume= 3,201 cf
Routing by Stor-Ind method, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Peak Elev= 2,756.76'@ 11.95 hrs Surf.Area= 1,271 sf Storage= 2,422 cf
Plug-Flow detention time= 264.4 min calculated for 8,145 cf (100% of inflow)
Center-of-Mass det. time= 264.5 min ( 1,015.7 - 751.1 )
Volume Invert Avail.Storage Storage Description
#1 2,754.50' 2,736 cf Custom Stage Data (Irregular) Listed below (Recalc)
Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area
(feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft)
2,754.50 882 164.0 0 0 882
2,755.50 1,050 171.0 965 965 1,133
2,756.50 1,225 178.0 1,136 2,101 1,394
2,757.00 1,315 182.0 635 2,736 1,540
Device Routing Invert Outlet Devices
#1 Primary 2,754.50' 1.750 in/hr Exfiltration over Horizontal area
#2 Secondary 2,752.35' 15.0" x 42.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,751.45' S= 0.0214'/' Cc= 0.900
n= 0.013 Corrugated PE, smooth interior
#3 Device 2 2,756.50' 8.5' long Sharp-Crested Rectangular Weir 2 End Contraction(s)
Primary OutFlow Max=0.05 cfs @ 11.95 hrs HW=2,756.76' (Free Discharge)
't-1=Exfiltration (Exfiltration Controls 0.05 cfs)
econdary OutFlow Max=3.59 cfs @ 11.95 hrs HW=2,756.76' (Free Discharge)
Culvert (Passes 3.59 cfs of 11.49 cfs potential flow)
3=Sharp-Crested Rectangular Weir (Weir Controls 3.59 cfs @ 1.66 fps)
Best Buy Sand Filter Drainage Area 2 Type 11 24-hr 10yr Rainfall=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Subcatchment DA2: Roof and Loading Dock, Drainage Area 2
Runoff = 6.42 cfs @ 11.93 hrs, Volume= 14,223 cf, Depth= 4.83"
Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Type II 24-hr 10yr Rainfall=5.07"
Area (sf) CN Description
30,399 98 Paved parking & roofs
4,915 98 Paved parking & roofs
35,314 98 Weighted Average
35,314 Impervious Area
Tc Length Slope Velocity Capacity Description
(min) (feet) (ft/ft ) (ft/sec) (cfs)
2.3 160 0.0100 1.16 Sheet Flow, Roof
Smooth surfaces n= 0.011 P2= 3.28"
0.7 133 0.0050 3.21 2.52 Circular Channel (pipe), Storm
Diam= 12.0" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.013 Corrugated PE. smooth interior
3.0 293 Total
Best Buy Sand Filter Drainage Area 2 Type// 24-hr 10yr Rainfall=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCADO 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Pond SF: Sand Filter
6.23 ds
6-
J
w 4-
0
0
LL 3
2-1
Inflow Area=351,314 sf
Peak Elev-2,756.87
- ' - Storage=2,568 cf
---------- -------------------
---------- --------- -- -
¦ Inflow
? Outflow
®Primary
? Secondary
1
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Sand Filter Drainage Area 2 Type 11 24-hr 10yr Rainfall=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HvdroCAD® 8.50 SAMPLER s/n 026033 © 2007 HvdroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Pond SF: Sand Filter
Inflow Area = 35,314 sf,100.00% Impervious, Inflow Depth = 4.83" for 10yr event
Inflow = 6.42 cfs @ 11.93 hrs, Volume= 14,223 cf
Outflow = 6.28 cfs @ 11.95 hrs, Volume= 14,223 cf, Atten= 2%, Lag= 0.7 min
Primary = 0.05 cfs @ 11.95 hrs, Volume= 5,664 cf
Secondary = 6.23 cfs @ 11.95 hrs, Volume= 8,559 cf
Routing by Stor-Ind method, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Peak Elev= 2,756.87'@ 11.95 hrs Surf.Area= 1,292 sf Storage= 2,568 cf
Plug-Flow detention time= 187.4 min calculated for 14,223 cf (100% of inflow)
Center-of-Mass det. time= 187.4 min ( 928.3 - 740.9)
Volume Invert Avail.Storage Storage Description
#1 2,754.50' 2,736 cf Custom Stage Data (Irregular) Listed below (Recalc)
Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area
(feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft)
2,754.50 882 164.0 0 0 882
2,755.50 1,050 171.0 965 965 1,133
2,756.50 1,225 178.0 1,136 2,101 1,394
2,757.00 1,315 182.0 635 2,736 1,540
Device Routing Invert Outlet Devices
#1 Primary 2,754.50' 1.750 in/hr Exfiltration over Horizontal area
#2 Secondary 2,752.35' 15.0" x 42.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,751.45' S= 0.02147' Cc= 0.900
n= 0.013 Corrugated PE, smooth interior
#3 Device 2 2,756.50' 8.5' long Sharp-Crested Rectangular Weir 2 End Contraction(s)
Primary OutFlow Max=0.05 cfs @ 11.95 hrs HW=2,756.87' (Free Discharge)
t1=Exfiltration (Exfiltration Controls 0.05 cfs)
econdary OutFlow Max=6.21 cfs @ 11.95 hrs HW=2,756.87' (Free Discharge)
Culvert (Passes 6.21 cfs of 11.66 cfs potential flow)
3=Sharp-Crested Rectangular Weir (Weir Controls 6.21 cfs @ 1.99 fps)
Best Buy Sand Filter Drainage Area 2 Type 11 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HvdroCAD® 8.50 SAMPLER s/n 026033 © 2007 HvdroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Subcatchment DA2: Roof and Loading Dock, Drainage Area 2
Hydrograph
1
w
0
U.
¦ Runoff
Type It 24- 1 QOyr
hr
2
'-Runoff Are4=35,344 5f -
,
',Runoff 'Volume=-21,249 cf.
Runoff Depthr-722"
Flow Length=293'
Tc=10 min
N
C X98
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Sand Filter Drainage Area 2 Type 11 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Subcatchment DA2: Roof and Loading Dock, Drainage Area 2
Runoff = 9.47 cfs @ 11.93 hrs, Volume= 21,249 cf, Depth= 7.22"
Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Type II 24-hr 100yr Rainfall=7.46"
Area (sfl CN Description
30,399 98 Paved parking & roofs
4,915 98 Paved parking & roofs
35,314 98 Weighted Average
35,314 Impervious Area
Tc Length Slope Velocity Capacity Description
(min) (feet) (ft/ft) (ft/sec) (cfs)
2.3 160 0.0100 1.16 Sheet Flow, Roof
Smooth surfaces n= 0.011 P2= 3.28"
0.7 133 0.0050 3.21 2.52 Circular Channel (pipe), Storm
Diam= 12.0" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.013 Corruaated PE. smooth interior
3.0 293 Total
Best Buy Sand Filter Drainage Area 2 Type// 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCADO 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Pond SF: Sand Filter
Hydrograph
9.47 cfs
I f
9.30 cfs Inflow ? ,Area-,35,314 s
10
92
Peak E?lev?2,756.9gt
Storage--2,715
8 ---
--- ---- -- - - ---
w 6.e r -- I-
3
- --------------
5-
o ,
LL
4 -
¦ Inflow
F? Outflow
® Primary
121 Secondary
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)

Best Buy Sand Filter Drainage Area 2 Type// 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HvdroCADO 8.50 SAMPLER s/n 026033 © 2007 HvdroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Pond SF: Sand Filter
Inflow Area = 35,314 sf,100.00% Impervious, Inflow Depth = 7.22" for 100yr event
Inflow = 9.47 cfs @ 11.93 hrs, Volume= 21,249 cf
Outflow = 9.30 cfs @ 11.94 hrs, Volume= 21,249 cf, Atten= 2%, Lag= 0.7 min
Primary = 0.05 cfs @ 11.94 hrs, Volume= 5,896 cf
Secondary = 9.25 cfs @ 11.94 hrs, Volume= 15,353 cf
Routing by Stor-Ind method, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Peak Elev= 2,756.98'@ 11.94 hrs Surf.Area= 1,312 sf Storage= 2,715 cf
Plug-Flow detention time= 139.1 min calculated for 21,249 cf (100% of inflow)
Center-of-Mass det. time= 139.1 min ( 874.2 - 735.1 )
Volume Invert Avail.Storage Storage Description
#1 2,754.50' 2,736 cf Custom Stage Data (Irregular) Listed below (Recalc)
Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area
(feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft)
2,754.50 882 164.0 0 0 882
2,755.50 1,050 171.0 965 965 1,133
2,756.50 1,225 178.0 1,136 2,101 1,394
2,757.00 1,315 182.0 635 2,736 1,540
Device Routing Invert Outlet Devices
#1 Primary 2,754.50' 1.750 in/hr Exfiltration over Horizontal area
#2 Secondary 2,752.35' 15.0" x 42.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,751.45' S= 0.0214T Cc= 0.900
n= 0.013 Corrugated PE, smooth interior
#3 Device 2 2,756.50' 8.5' long Sharp-Crested Rectangular Weir 2 End Contraction(s)
Primary OutFlow Max=0.05 cfs @ 11.94 hrs HW=2,756.98' (Free Discharge)
L1=Exfiltration (Exfiltration Controls 0.05 cfs)
econdary OutFlow Max=9.22 cfs @ 11.94 hrs HW=2,756.98' (Free Discharge)
Culvert (Passes 9.22 cfs of 11.83 cfs potential flow)
3=Sharp-Crested Rectangular Weir (Weir Controls 9.22 cfs @ 2.27 fps)
p?-o'1'1? v3
DA1
B
Parking Lot, Drainage
Area 1
Wet Basin
Subcat Reach on Link
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Subcatchment DA1: Parking Lot, Drainage Area 1
Hydrograph
7-
6.50 ds
T e It 24-
- Yp hr-1yr-
6
Rainfall=3 00"'
'_ ,
unaffi Ak'eo_ 0 014- sf--
R
5
Runoff Volume=12,934 of
-- .- ------
4- Runoff Depth =2.55'..
a '
----------- -------
-
- enOth=348'
'Flow L
3 Tc=119 min
2 ON=9'
---------- ----------- -----------------
0 Runoff
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Subcatchment DA1: Parking Lot, Drainage Area 1
Runoff = 6.50 cfs @ 11.92 hrs, Volume= 12,934 cf, Depth= 2.55"
Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Type II 24-hr 1yr Rainfall=3.00"
Area (sf) CN Description
57,530 98 Paved parking & roofs
3,284 61 >75% Grass cover, Good, HSG B
60,814 96 Weighted Average
3,284 Pervious Area
57,530 Impervious Area
Tc Length Slope Velocity Capacity Description
(min) (feet) (ft/ft ) (ft/sec) (cfs)
1.0 80 0.0180 1.28 Sheet Flow, Parking Lot
Smooth surfaces n= 0.011 P2= 3.28"
0.3 72 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.0 9 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.5 120 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.1 42 0.0050 4.84 5.94 Circular Channel (pipe), Pipe
Diam= 15.00" Area= 1.2 sf Perim= 3.9' r= 0.31'
n= 0.010 PVC, smooth interior
0.0 15 0.0050 5.46 9.66 Circular Channel (pipe), Pipe
Diam= 18.00" Area= 1.8 sf Perim= 4.7' r= 0.38'
n= 0.010 PVC, smooth interior
0.0 10 0.0050 5.46 9.66 Circular Channel (pipe), Pipe
Diam= 18.00" Area= 1.8 sf Perim= 47 r= 0.38'
n= 0.010 PVC, smooth interior
1.9 348 Total
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCADO 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Pond WB: Wet Basin
7
N
V
3
O
LL
Hydrograph
6.50 cfe
Inflo
w Area-60 8,1.4 s,
Peak Elev-
2,761.07'
Storage=12,508 cf
-------------- ------- ----------
1
¦ Inflow
outflow
® Primary
f Secondary
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Wet Basin Drainage Area 1 Type 1124-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Pond WB: Wet Basin
Inflow Area = 60,814 sf, 94.60% Impervious, Inflow Depth = 2.55" for 1yr event
Inflow = 6.50 cfs @ 11.92 hrs, Volume= 12,934 cf
Outflow = 0.01 cfs @ 24.04 hrs, Volume= 1,474 cf, Atten= 100°/x, Lag= 726.8 min
Primary = 0.01 cfs @ 24.04 hrs, Volume= 1,474 cf
Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf
Routing by Stor-Ind method, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Peak Elev= 2,761. 07'@24.04 hrs Surf.Area= 3,987 sf Storage= 12,508 cf
Plug-Flow detention time= 1,359.2 min calculated for 1,474 cf (11% of inflow)
Center-of-Mass det. time= 1,084.8 min ( 1,853.4 - 768.6)
Volume Invert Avail.Storage Storage Description
#1 2,754.0 0' 18,800 cf Custom Stage Data (irregular) Listed below (Recalc)
Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area
(feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft)
2,754.00 411 187.0 0 0 411
2,755.00 706 205.0 552 552 1,006
2,756.00 1,040 223.0 868 1,420 1,655
2,757.00 1,407 240.0 1,219 2,638 2,323
2,758.00 1,809 258.0 1,604 4,242 3,078
2,759.00 2,244 276.0 2,023 6,265 3,889
2,759.75 2,600 290.0 1,815 8,080 4,554
2,760.25 3,185 304.0 1,444 9,523 5,232
2,760.75 3,817 319.0 1,748 11,272 5,992
2,761.00 3,950 323.0 971 12,242 6,211
2,761.50 4,229 331.0 2,044 14,287 6,659
2,762.00 4,516 339.0 2,186 16,473 7,117
2,762.50 4,794 345.0 2,327 18,800 7,486
Device Routing Invert Outlet Devices
#1 Device 2 2,755.70' 24.00" x 142.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,755.36' S= 0.0024T Cc= 0.900
n= 0.010 PVC, smooth interior
#2 Primary 2,761.50' 8.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s)
#3 Seconda ry 2,762.00' 15.0' long x 12.0' breadth Broad-Crested Rectangular Weir
Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60
Coef. (English) 2.57 2.62 2.70 2.67 2.66 2.67 2.66 2.64
#4 Primary 2,760.25' 6.00" x 5.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,760.20' S= 0.01007' Cc= 0.900
n= 0.010 PVC, smooth interior
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 1 yr Rainfall=3.00"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
#5 Device 4 2,759.25' 0.75" Horiz. Orifice/Grate Limited to weir flow C=0.600
Primary OutFlow Max=0.01 cfs @ 24.04 hrs HW=2,761.07' (Free Discharge)
Sharp-Crested Rectangular Weir (Controls 0.00 cfs)
1=Culvert (Controls 0.00 cfs)
4=Culvert (Passes 0.01 cfs of 0.71 cfs potential flow)
t-5=Orifice/Grate (Orifice Controls 0.01 cfs @ 4.35 fps)
Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=2,754.00' (Free Discharge)
3=Broad-Crested Rectangular Weir (Controls 0.00 cfs)
Best Buy Wet Basin Drainage Area 1 Type 11 24-hr 10yr Rainfall=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HvdroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Subcatchment DA1: Parking Lot, Drainage Area 1
Hydrograph
12-
1129 cis
r 1Oy!r
Typo II 24-h
10 Rainfall=5:077
.
9 "
Runoff Are'=80 $14 Sf
Runoff Volume=23,823 of
v
w Runoff Depth 4.60,..
6
Flow Length=348'
5 Tc=119 min
4 3-
2-
¦ Runoff
0 - I I I I I I
2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Wet Basin Drainage Area 1 Type 11 24-hr 10yr Rainfall=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Subcatchment DA1: Parking Lot, Drainage Area 1
Runoff = 11.29 cfs @ 11.92 hrs, Volume= 23,323 cf, Depth= 4.60"
Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Type II 24-hr 10yr Rainfall=5.07"
Area (sf) CN Description
57,530 98 Paved parking & roofs
3,284 61 >75% Grass cover, Good, HSG B
60,814 96 Weighted Average
3,284 Pervious Area
57,530 Impervious Area
Tc Length Slope Velocity Capacity Description
(min) (feet) (ft/ft) (ft/sec) (cfs)
1.0 80 0.0180 1.28 Sheet Flow, Parking Lot
Smooth surfaces n= 0.011 P2= 3.28"
0.3 72 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.0 9 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.5 120 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.1 42 0.0050 4.84 5.94 Circular Channel (pipe), Pipe
Diam= 15.00" Area= 1.2 sf Perim= 3.9' r= 0.31'
n= 0.010 PVC, smooth interior
0.0 15 0.0050 5.46 9.66 Circular Channel (pipe), Pipe
Diam= 18.00" Area= 1.8 sf Perim= 47 r= 0.38'
n= 0.010 PVC, smooth interior
0.0 10 0.0050 5.46 9.66 Circular Channel (pipe), Pipe
Diam= 18.00" Area= 1.8 sf Perim= 47 r= 0.38'
n= 0.010 PVC, smooth interior
1.9 348 Total
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 10yr Rainfall=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Pond WB: Wet Basin
Hydrograph
¦ Inflow
7729 cfs - - -- --Outflow
p Primary
InflowArea=60814 sf
- - -- - - ? ? ! _ ? Secondary
12 Peak Elev=2 76
- Storage=14,807 d
,0
- -- -- - --------
8
----------------
U ]
5
4-
3- t
a ors
7.18 cts
2
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Wet Basin Drainage Area 1 Type 11 24-hr 10yr Rainfal1=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Pond WB: Wet Basin
Inflow Area = 60,814 sf, 94.60% Impervious, Inflow Depth = 4.60" for 10yr event
Inflow = 11.29 cfs @ 11.92 hrs, Volume= 23,323 cf
Outflow = 1.18 cfs @ 12.18 hrs, Volume= 10,350 cf, Atten= 90%, Lag= 15.6 min
Primary = 1.18 cfs @ 12.18 hrs, Volume= 10,350 cf
Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf
Routing by Stor-Ind method, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Peak Elev= 2,761.62' @ 12.18 hrs Surf.Area= 4,298 sf Storage= 14,807 cf
Plug-Flow detention time= 463.2 min calculated for 10,348 cf (44% of inflow)
Center-of-Mass det. time= 331.8 min ( 1,086.3 - 754.5 )
Volume Invert Avail.Storage Storage Description
#1 2,754.00' 18,800 cf Custom Stage Data (Irregular) Listed below (Recalc)
Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area
(feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft)
2,754.00 411 187.0 0 0 411
2,755.00 706 205.0 552 552 1,006
2,756.00 1,040 223.0 868 1,420 1,655
2,757.00 1,407 240.0 1,219 2,638 2,323
2,758.00 1,809 258.0 1,604 4,242 3,078
2,759.00 2,244 276.0 2,023 6,265 3,889
2,759.75 2,600 290.0 1,815 8,080 4,554
2,760.25 3,185 304.0 1,444 9,523 5,232
2,760.75 3,817 319.0 1,748 11,272 5,992
2,761.00 3,950 323.0 971 12,242 6,211
2,761.50 4,229 331.0 2,044 14,287 6,659
2,762.00 4,516 339.0 2,186 16,473 7,117
2,762.50 4,794 345.0 2,327 18,800 7,486
Device Routing Invert Outlet Devices
#1 Device 2 2,755.70' 24.00" x 142.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,755.36' S= 0.00247' Cc= 0.900
n= 0.010 PVC, smooth interior
#2 Primary 2,761.50' 8.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s)
#3 Secondary 2,762.00' 15.0' long x 12.0' breadth Broad-Crested Rectangular Weir
Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60
Coef. (English) 2.57 2.62 2.70 2.67 2.66 2.67 2.66 2.64
#4 Primary 2,760.25' 6.00" x 5.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,760.20' S= 0.01007' Cc= 0.900
n= 0.010 PVC, smooth interior
Best Buy Wet Basin Drainage Area 1 Type 11 24-hr 10yr Rainfall=5.07"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
#5 Device 4 2,759.25' 0.75" Horiz. Orifice/Grate Limited to weir flow C= 0.600
Primary OutFlow Max=1.13 cfs @ 12.18 hrs HW=2,761.62' (Free Discharge)
Sharp-Crested Rectangular Weir (Weir Controls 1.11 cfs @ 1.14 fps)
1=Culvert (Passes 1.11 cfs of 5.28 cfs potential flow)
4=Culvert (Passes 0.02 cfs of 1.00 cfs potential flow)
t-5=Orifice/Grate (Orifice Controls 0.02 cfs @ 5.64 fps)
Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=2,754.00' (Free Discharge)
3=Broad-Crested Rectangular Weir (Controls 0.00 cfs)
Best Buy Wet Basin Drainage Area 1 Type 11 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Subcatchment DA1: Parking Lot, Drainage Area 1
Hydrograph
-- --- ----
18 ¦ Runoff
- - - -
,6.75 cfs
17-
T e It 24-hr -100yr
yp
16
,5 Rainfall=7.46"
,4 R no Are o=$0,844
13
12 Runoff Vole'me=35'
38b cf
,o offDepth6:98•`
Run' ,
o
9 ength=348'
LL Flow L
Tc 1.9_ min
6
N
5
4 ,
3
2 ,
1 I I I I
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Subcatchment DA1: Parking Lot, Drainage Area 1
Runoff = 16.75 cfs @ 11.92 hrs, Volume= 35,385 cf, Depth= 6.98"
Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Type II 24-hr 100yr Rainfall=7.46"
Area (sf) CN Description
57,530 98 Paved parking & roofs
3.284 61 >75% Grass cover. Good. HSG B
60,814 96 Weighted Average
3,284 Pervious Area
57,530 Impervious Area
Tc Length Slope Velocity Capacity Description
(min) (feet) (ft/ft) (ft/sec) (cfs)
1.0 80 0.0180 1.28 Sheet Flow, Parking Lot
Smooth surfaces n= 0.011 P2= 3.28"
0.3 72 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.0 9 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.5 120 0.0050 4.17 3.28 Circular Channel (pipe), Pipe
Diam= 12.00" Area= 0.8 sf Perim= 3.1' r= 0.25'
n= 0.010 PVC, smooth interior
0.1 42 0.0050 4.84 5.94 Circular Channel (pipe), Pipe
Diam= 15.00" Area= 1.2 sf Perim= 3.9' r= 0.31'
n= 0.010 PVC, smooth interior
0.0 15 0.0050 5.46 9.66 Circular Channel (pipe), Pipe
Diam= 18.00" Area= 1.8 sf Perim= 4.7' r= 0.38'
n= 0.010 PVC, smooth interior
0.0 10 0.0050 5.46 9.66 Circular Channel (pipe), Pipe
Diam= 18.00" Area= 1.8 sf Perim= 47 r= 0.38'
n= 0.010 PVC, smooth interior
1.9 348 Total
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Pond WB: Wet Basin
17
a 1
1
3
0
LL
1
--'----' 76.75
- - 14.09 ds
12.04 cfs
LAW
¦ Inflow
r-1 Outflow
® Primary
ED Secondary
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48
Time (hours)
Best Buy Wet Basin Drainage Area 1 Type// 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 © 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
Summary for Pond WB: Wet Basin
Inflow Area = 60,814 sf, 94.60% Impervious, Inflow Depth = 6.98" for 100yr event
Inflow = 16.75 cfs @ 11.92 hrs, Volume= 35,385 cf
Outflow = 14.09 cfs @ 11.95 hrs, Volume= 22,408 cf, Atten= 16%, Lag= 1.8 min
Primary = 12.04 cfs @ 11.95 hrs, Volume= 21,937 cf
Secondary = 2.04 cfs @ 11.95 hrs, Volume= 471 cf
Routing by Stor-Ind method, Time Span= 0.00-48.00 hrs, dt= 0.01 hrs
Peak Elev= 2,762.14'@ 11.95 hrs Surf.Area= 4,592 sf Storage= 17,103 cf
Plug-Flow detention time= 288.2 min calculated for 22,404 cf (63% of inflow)
Center-of-Mass det. time= 183.2 min ( 929.1 - 745.9 )
Volume Invert Avail.Storage Storage Description
#1 2,754.00' 18,800 cf Custom Stage Data (Irregular) Listed below (Recalc)
Elevation Surf.Area Perim. Inc.Store Cum.Store Wet.Area
(feet) (sq-ft) (feet) (cubic-feet) (cubic-feet) (sq-ft)
2,754.00 411 187.0 0 0 411
2,755.00 706 205.0 552 552 1,006
2,756.00 1,040 223.0 868 1,420 1,655
2,757.00 1,407 240.0 1,219 2,638 2,323
2,758.00 1,809 258.0 1,604 4,242 3,078
2,759.00 2,244 276.0 2,023 6,265 3,889
2,759.75 2,600 290.0 1,815 8,080 4,554
2,760.25 3,185 304.0 1,444 9,523 5,232
2,760.75 3,817 319.0 1,748 11,272 5,992
2,761.00 3,950 323.0 971 12,242 6,211
2,761.50 4,229 331.0 2,044 14,287 6,659
2,762.00 4,516 339.0 2,186 16,473 7,117
2,762.50 4,794 345.0 2,327 18,800 7,486
Device Routing Invert Outlet Devices
#1 Device 2 2,755.70' 24.00" x 142.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,755.36' S= 0.00247' Cc= 0.900
n= 0.010 PVC, smooth interior
#2 Primary 2,761.50' 8.0' long Sharp-Crested Rectangular Weir 2 End Contraction(s)
#3 Secondary 2,762.00' 15.0' long x 12.0' breadth Broad-Crested Rectangular Weir
Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60
Coef. (English) 2.57 2.62 2.70 2.67 2.66 2.67 2.66 2.64
#4 Primary 2,760.25' 6.00" x 5.0' long Culvert CPP, square edge headwall, Ke= 0.500
Outlet Invert= 2,760.20' S= 0.0100T Cc= 0.900
n= 0.010 PVC, smooth interior
f
Best Buy Wet Basin Drainage Area 1 Type 11 24-hr 100yr Rainfall=7.46"
Prepared by HydroCAD SAMPLER 1-800-927-7246 www.hydrocad.net Printed 9/21/2008
HydroCAD® 8.50 SAMPLER s/n 026033 0 2007 HydroCAD Software Solutions LLC
This report was prepared with the free HydroCAD SAMPLER, which is licensed for evaluation and
educational use only. For actual design or modeling applications you must use a full version of HydroCAD
which may be purchased at www.hydrocad.net. Full programs also include complete printed
documentation, technical support, training materials, and additional features which are essential for actual
design work.
#5 Device 4 2,759.25' 0.75" Horiz. Orifice/Grate Limited to weir flow C= 0.600
Primary OutFlow Max=12.10 cfs @ 11.95 hrs HW=2,762.14' (Free Discharge)
Sharp-Crested Rectangular Weir (Passes 12.08 cfs of 13.11 cfs potential flow)
1=Culvert (Inlet Controls 12.08 cfs @ 3.84 fps)
Culvert (Passes 0.02 cfs of 1.21 cfs potential flow)
5=Orifice/Grate (Orifice Controls 0.02 cfs @ 6.62 fps)
Secondary OutFlow Max=1.97 cfs @ 11.95 hrs HW=2,762.14' (Free Discharge)
3=Broad-Crested Rectangular Weir (Weir Controls 1.97 cfs @ 0.95 fps)