The URL can be used to link to this page

Resolution 46-22 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: September 20, 2022 Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer Jennifer D. Readler, Law Director Re: Resolution 46-22 – A Resolution Authorizing the City Manager to Execute an Amended Ground Lease with KSM Columbus LLC related to the Golf Club of Dublin and Extending Terms of the Current Lease Agreement Background The Golf Club of Dublin (GCD) is a significant public recreational amenity in the City of Dublin, and specifically the Ballantrae neighborhood. New Era Golf Ohio GCD, Inc. (New Era) acquired the Golf Club of Dublin (excluding the land, which is owned by the City of Dublin) from General Electric Credit Equities, Inc. in 2014. New Era GCD also assumed the Ground Lease and Operating Agreement with the City. Under the lease arrangement, in general terms, New Era GCD is responsible for maintaining and operating the GCD (including the grounds and all facilities). On August 9, 2022, City staff (Staff) sent a memo to City Council (Council) informing Council that New Era had entered into an agreement with Bayberry Capital Group, LLC (Bayberry) to purchase four golf course properties New Era owns (the August 9 memo is attached for reference). Additionally, at that time Bayberry was seeking to obtain the GCD management lease from New Era. In order to continue to manage and operate GCD as an upscale daily fee course, Bayberry planned to partner with KemperSports (Kemper) to manage the daily operations at GCD. Founded in 1978, Kemper is a nationally known, full-service golf management company that owns, leases, and manages over 120 golf courses throughout the United States, including 45 municipally owned golf courses. Kemper’s management portfolio includes Bandon Dunes Golf Resort, Oregon, which is consistently rated as one of the top golf resorts in the U.S. Kemper also manages Streamsong Resort in Florida, Sand Valley Golf Resort in Wisconsin, and Golden Horseshoe in Virginia. Two of Kemper’s top rated, municipally owned courses are Chambers Bay, Washington, host to the 2013 U.S. Amateur Championship and 2015 U.S. Open and Desert Willow Golf Course, consistently rated the top public golf course in the Palm Springs/Palm Desert, California golf market. On August 30, 2022, Staff and representatives from Kemper (Ben Blake, Executive Vice President of Business Development and Mark Hoesing, Senior Vice President of Operations) held an open house meeting with the community, particularly Ballantrae residents. The purpose of the meeting was to explain the lease assignment and for members of the community to meet representative from Kemper, as well as for Staff and Kemper to answer questions. The meeting was well attended and productive, and Staff and Kemper were able to answer several questions. The Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Memo re. Golf Club of Dublin Amended Ground Lease September 20, 2022 Page 2 of 4 questions were primarily focused on golf course maintenance (particularly pond maintenance), greens fees, availability of tee times, the background and process for the lease assignment, and the specific language of the amended lease. Following the August 30 meeting, Staff continued to work with counsel from Bayberry and Kemper to finalize the amendment language. During the process of finalizing the proposed amendment, Bayberry and Kemper reached an agreement for Kemper to be assigned the GCD ground lease, rather than the ground lease being assigned to Bayberry with a coincident management agreement with Kemper. Staff believes this arrangement is in the best interest of the City as it removes the barrier between the City and the company managing GCD. Kemper plans to hire the existing New Era staff to perform their current duties at GCD. Additionally, Kemper will provide support to the onsite staff at GCD from experts in golf course operations, including food and beverage, agronomy and maintenance, sales and marketing, and golf instruction. The regional team supporting GCD includes the following: • Mark Hoesing, Senior Vice President of Operations • Chris Touhey, Regional Operating Executive • Erica Espe, Regional Sales and Marketing Director • Dave Groelle, Regional Agronomist Kemper will also provide GCD a corporate support team, including Shawn Richter (Vice President of Accounting) and Heather Margulis (Senior Vice President of Human Resources). Kemper has created KSM Columbus LLC for the purpose managing GCD. Proposed Ground Lease Amendment On December 7, 2000, Council passed an ordinance authorizing the City to enter into ground lease and operating agreement with Tartan Golf Company for the construction and operation of a public golf course, which ultimately became GCD. The ground lease and operating agreement was subsequently amended three times as described below. The original ground lease and operating agreement, as well as the three amendments, are attached for reference. • October 22, 2001 – The lease was amended for the purpose of adding and subtracting certain parcels of land to the lease. • July 19, 2007 – Tartan Golf Company created a new limited liability company known as the Golf Club of Dublin, LLC. The lease was amended for re-assignment to Golf Club of Dublin, LLC. The term of the lease was extended for an additional 10 years to December 31, 2052. • April 21, 2014 – The lease was amended for re-assignment to New Era Golf Ohio GCD, LLC. The term of the lease was extended an additional 12 years to December 31, 2064. There were also provisions for two additional five-year extensions of the lease term. As stated above, representatives from Kemper and the City have worked to agree on terms for the fourth amendment re-assigning the ground lease and operating agreement to Kemper. Key provisions of the proposed amendment are outlined below. Memo re. Golf Club of Dublin Amended Ground Lease September 20, 2022 Page 3 of 4 • Kemper is required to enter into a memorandum of understanding (MOU) with the City within 120 days of the execution of the amendment to implement operational plans related to Section 4.3 of the ground lease. Section 4.3 of the ground lease outlines the lessee’s responsibilities for the maintenance and use of the property. Over the years, there have been several issues between the operators of GCD and the residents surrounding the golf course. These issues have included maintenance practices by the operator, which residents consider a nuisance, behavior of golfers on the course, damage to homes due to errant golf shots, greens fees and the availability of tee times, and other issues consistent with the interface of a golf course surrounded by a residential neighborhood. There have been several changes to operating practices made by New Era and previous operators to accommodate the concerns of residents. Some residents have requested such accommodations be formally included in the amended ground lease to assure continued compliance by Kemper. Rather than including a comprehensive list of specific operating practices in the lease, Staff believes it is advisable to enter into a separate MOU with Kemper within 120 days, which will outline such specific maintenance responsibilities. This will provide Kemper the time to conduct a thorough review of current maintenance practices, recommend necessary changes consistent with best practices in the golf management industry, and assess the current concerns of the residents. Further, the MOU will provide formalized clarity and expectations between the City and Kemper regarding the specifics of maintenance operations that are described generally in the ground lease. • Section 4.3(a) is being amended to add ponds as an aspect of the golf course that is explicitly identified as lessee’s responsibility to maintain. There has been a working agreement between the City and New Era regarding the maintenance of the ponds; however, adding ponds to Section 4.3(a) will provide clarity regarding maintenance responsibility for the ponds on the course. • The lease is extended for an additional eight years to a termination date of December 31, 2072. • The lease amendment provides that the City and Kemper will work in good faith to determine if the Louis Rings Farmstead, which is currently being used as maintenance and storage facilities, should be released from the lease. This will provide the City flexibility regarding the future use of the Louis Rings Farmstead. Kemper also agrees to obtain consent from the City prior to making any structural changes to the property. Additionally, the amendment calls for the City and Kemper to work in good faith to determine if the current maintenance building needs to be relocated, with the City paying the costs of a potential relocation. • The City has been working with New Era and Dr. Michael Hurdzan (the course designer) to address concerns related to errant golf shots on Hole 5. Pursuant to these efforts, on March 21, 2021, the City executed an MOU with New Era outlining the process for addressing these concerns. As part of the lease amendment, Kemper is assuming New Era’s obligations associated with the MOU. The MOU is attached for reference. Memo re. Golf Club of Dublin Amended Ground Lease September 20, 2022 Page 4 of 4 Recommendation Staff recommends approval of Resolution 46-22 – A Resolution Authorizing the City Manager to Execute an Amended Ground Lease with KSM Columbus LLC related to the Golf Club of Dublin and Extending Terms of the Current Lease Agreement AMENDMENT NO. 4 TO GROUND LEASE AND OPERATING AGREEMENT This Amendment No. 4 to Ground Lease and Operating Agreement (hereinafter, “Amendment No. 4”) is entered into and effective as of September ___, 2022 by and between the City of Dublin, Ohio (the “City”), a municipal corporation and political subdivision organized and existing under its Charter and the laws of the State of Ohio, having an address of 5555 Perimeter Drive, Dublin, Ohio 43017, and KSM Columbus LLC, an Ohio limited liability company, having an address of 500 Skokie Blvd., Suite 444, Northbrook, Illinois 60062 (“KemperSports”). WHEREAS, the City, as Lessor, and Tartan Golf Company, LLC, an Ohio limited liability company (“Tartan”), as Lessee, entered into a certain Ground Lease and Operating Agreement dated December 7, 2000 (“Ground Lease”), which Ground Lease was amended by that Amendment No. 1 to Ground Lease and Operating Agreement dated October 22, 2001, which Ground Lease has been further amended by that Amendment No. 2 to Ground Lease and Operating Agreement (With Assignment of Lease) dated July 19, 2007, and which Ground Lease has been further amended by that Amendment No. 3 to Ground Lease and Operating Agreement (with Assignment of Lease) dated April 21, 2014 (Ground Lease and three amendments hereinafter referred to as the “Lease”) for the Property as described in the Lease; and WHEREAS, pursuant to the Lease, there has been developed and is currently operating a public golf course facility on the Property known as The Golf Club of Dublin; and WHEREAS, the current Lessee under the Lease is New Era Golf Ohio GCD Inc. (“New Era”); and WHEREAS, New Era is in contract to assign all of its right, title and interest in and to the Lease to KemperSports (the “Lease Assignment”); and WHEREAS, the Lease requires the consent of the City to the Lease Assignment and contemporaneous with the execution, delivery and recording of the Lease Assignment, the City and KemperSports desire to amend certain terms and provisions of the Lease. NOW, THEREFORE, in consideration of the agreements and obligations set forth herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and KemperSports hereby agree as follows: Section 1. Definitions. All capitalized terms used, but not defined in this Amendment No. 4, shall have the respective meanings ascribed to them in the Lease. Section 2. Consent to Assignment of Lease. The City hereby consents to the assignment of the Lease to KemperSports pursuant to the Lease Assignment. KemperSports agrees to enter into a Memorandum of Understanding with the City within 120 days after execution of this Amendment No. 4 implementing operational plans related to Section 4.3 of the Ground Lease. 2 Section 3. Extension of Lease. The term of the Lease is extended for an additional eight years and shall terminate on December 31, 2072. Under Section 2.3.(a) of the Lease, and as amended by Amendment No. 3 to the Ground Lease, “December 31, 2064” is hereby amended to read “December 31, 2072”. Section 4. KemperSports Acknowledgments as to Condition of Golf Club of Dublin. Except as otherwise set forth in this Amendment, KemperSports acknowledges that it is acquiring all right, title and interest in and to the Lease and The Golf Club of Dublin in their “AS IS, WHERE IS CONDITION” with all faults (or as otherwise agreed to between New Era and KemperSports) and KemperSports will not look to the City with respect to issues arising from the current condition, physical or financial, of The Golf Club of Dublin. Section 5. Modification of Property Leased. The City and KemperSports agree to work in good faith to discuss whether the old homestead house and immediately surrounding property, including the barns and wash bay, shall be released from the Lease and no longer be a part of the Property. KemperSports will notify the City of any improvements made to these properties and obtain City consent prior to the commencement of the construction of the improvements, which shall not be unreasonably withheld, conditioned or delayed. Section 6. Hole Number 5. KemperSports understands and acknowledges that the City has been working with New Era on certain improvements to Hole 5 to address certain concerns in conjunction with the original course designer, Dr. Michael Hurdzan. Pursuant to a Memorandum of Understanding executed between the City and New Era on March 1, 2021, New Era agreed that if certain mitigation efforts to Hole 5 were not effective, New Era will contract with Hurdzan Golf Design, LLC to prepare a plan for re-grading the fairway and will implement the plan at their sole cost. KemperSports explicitly agrees to (i) assume this obligation and (ii) work with the City to determine appropriate next steps. Section 7. The parties agree that Section 4.3(a) of the Ground Lease and Operating Agreement is hereby revised as follows: (a) Maintenance. Will keep and maintain, at no cost to the Lessor, the Property and the Project Facilities, including but not limited to the golf course, ponds, clubhouse, maintenance buildings, and all other buildings, structures, improvements, fixtures, equipment, and utility systems which may now or hereafter exist on or in the Property in good, operable, and usable condition and repair, normal wear and tear excepted, but, in any event, consistent with other first class, public play golf courses in the central Ohio area, and shall make or cause to be made any and all repairs or replacements as may be required to maintain such standards. Specifically, the Lessee shall perform the specific maintenance with respect to the golf course generally in accordance with a maintenance standards manual. The Lessee shall give representatives of the Lessor a reasonable opportunity to review that maintenance standards manual from time to time, provided, however, that such maintenance standards manual shall be a confidential and proprietary business record of the Lessee and shall not be made public by the Lessor. The Lessor shall not have the duty to make, not shall it be called upon to make, any improvements, replacements or repairs to the Property or the Project Facilities, except as described in Section 7.7 hereof. 3 Section 8. Multiple Counterparts. This Amendment No. 4 may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Facsimile, email and PDF signatures shall constitute original signatures for all purposes. Section 9. Captions. The captions or headings in this Amendment No. 4 are for convenience only and in no way define, limit or describe the scope or intent of any provisions of sections hereof. Section 10. Severability. If any provision of this Amendment No. 4, or any covenant, obligation or agreement contained herein is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein. Such invalidity or unenforceability shall not affect any valid and enforceable application thereof, and each such provision, covenant, obligation or agreement, shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. Section 11. Modifications/Conflicts. Nothing herein shall be deemed to modify the terms and conditions of the Lease unless expressly set forth herein, and except as modified herein, all terms, covenants and conditions of the Lease shall remain in full force and effect. In the event of a conflict between the terms and conditions of this Amendment No. 4 and the terms and conditions of the Lease, the terms and conditions of this Amendment No. 4 shall prevail. Section 12. Estoppel Certificate. The City will provide KemperSports, and/or its lender an estoppel certificate within seven (7) days of any written request for such estoppel certificate, such estoppel certificate to be in form and substance acceptable to KemperSports and otherwise consistent with Exhibit A attached hereto. Section 13. Right of First Refusal. The Lease provides for a right of first refusal to the City upon the sale or transfer of any interest in the Property. The City hereby waives and releases its right of first refusal as to the transaction between New Era and KemperSports. Section 14. Relocation of Maintenance Building. The City and KemperSports agree to work in good faith to determine if the maintenance building on the Property needs to be relocated. Any costs associated with such relocation shall be paid by the City. [Remainder of page intentionally left blank. Signature page follows.] 4 IN WITNESS WHEREOF, the City hereto has executed this Amendment No. 4 as of the date first above written. Approved as to form: City of Dublin, Ohio By: _______________________ By: ____________________________ Jennifer D. Readler, Director of Law Dana L. McDaniel, City Manager STATE OF OHIO COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this ____ day of _______ , 2022, by Dana L. McDaniel, City Manager of Dublin, Ohio, a municipal corporation and political subdivision organized and existing under its charter and laws of the State of Ohio, acting on behalf of the City, that the same is his own and the City of Dublin’s voluntary act and deed and that he is duly authorized to enter into this Amendment No. 4 for and on behalf of the City of Dublin. Notary Public Printed Name: My Commission Expires: IN WITNESS WHEREOF, KemperSports hereto has executed this Amendment No. 4 as of the date first above written. KSM Columbus LLC an Ohio limited liability company By:_______________ Its:_______________ STATE OF______ ) __________COUNTY ) ss The foregoing instrument was acknowledged before me this ____ day of __________2022, by ____________(name), the _________________(title) on behalf of KemperSports Management LLC. __________________________ Notary Public 5 EXHIBIT A LANDLORD ESTOPPEL CERTIFICATE The undersigned, City of Dublin, Ohio, a municipal corporation and political subdivision organized and existing under its Charter and the laws of the State of Ohio (“Landlord”), has been advised that New Era Golf Ohio GCD Inc. (“Tenant”) is about to sell substantially all of the assets of Tenant, including Tenant’s interest as tenant under that certain Ground Lease and Operating Agreement dated December 7, 2000 (“Ground Lease”), which Ground Lease was amended by that Amendment No. 1 to Ground Lease and Operating Agreement dated October 22, 2001, which Ground Lease has been further amended by that Amendment No. 2 to Ground Lease and Operating Agreement (With Assignment of Lease) dated July 19, 2007, which Ground Lease has been further amended by that Amendment No. 3 to Ground Lease and Operating Agreement (with Assignment of Lease) dated April 21, 2014 and which Ground Lease has been further amended by that Amendment No. 4 to Ground Lease and Operating Agreement (with Assignment of Lease) dated ________, 2022 (Ground Lease and four amendments hereinafter referred to as the “Lease”) for the Property as described in the Lease (which Lease, together with any extension agreements, lease amendments, addenda, riders, modification agreements or other documents pertaining thereto is attached hereto as Exhibit A and incorporated herein by reference and is hereinafter collectively called the “Lease”) and that Tenant desires to assign to KSM Columbus LLC, an Ohio limited liability company (“Successor Tenant”). Tenant’s interest as tenant under the lease. In connection with Successor Tenant’s contemplated acquisition of certain assets of Tenant, including Tenant’s interest as tenant under the Lease, Landlord hereby certifies, represents and warrants as of the ___ day of ___________, 2022 (the “Effective Date”), to Successor Tenant and its successors and assigns (collectively the “Reliance Parties”) the following information: 1. Except as may be reflected in Exhibit A, the Lease has not been amended or modified, and is in full force and effect as of the date hereof. Further, Landlord is the current landlord and Tenant is the current tenant under the Lease. 2. The termination date of the present term of the Lease, excluding renewals, is December 31, 2072. The Lease grants Tenant two, five-year options to extend the term of the Lease. Tenant has no right of first offer or right of first refusal to purchase the rights, title or interests in the Property, or any part thereof, except as specifically set forth in the Lease. Such right of first offer and right of first refusal shall be available to Successor Tenant. 3. To the actual knowledge of Landlord, no default exists in the performance or observance by Tenant of any covenant, condition or obligation under the Lease, no event has occurred which with notice or the expiration of a grace period would constitute such a default, and there are no defenses or offsets against the enforcement of the Lease claimed by Landlord. 4. To the actual knowledge of Landlord, all conditions under the Lease to be performed by Tenant as of the date hereof have been satisfied. 6 5. All rents payable by Tenant under the Lease have been paid through ________, 2022 and the annual Rent under the Lease is $1.00. 6. The undersigned is not holding a security deposit with respect to the Lease. 7. From and after the date hereof, Landlord agrees to deliver copies of all notices and other communications which Landlord delivers to Tenant under the Lease to the Successor Tenant at the below mail address and email address in accordance with the delivery requirements under the Lease. KSM Columbus LLC c/o KemperSports Management, LLC 500 Skokie Blvd., Suite 444 Northbrook, IL 60062 Attention: Steve Kelley Email: skelley@kempersports.com 8. The Lease is not subordinate to any other interest, Landlord has not requested Tenant to subordinate the Lease to any other interest, and to the actual knowledge of Landlord, Tenant has maintained insurance acceptable to Landlord and in accordance with the Lease. 9. Landlord has duly completed construction of all roadway improvements, utility improvements and Project Facilities as described in the Development Agreement (as such terms are defined in the Lease). 10. The execution of this Estoppel Certificate by the Landlord shall not amend the Lease or waive any of Tenant’s rights under the Lease. 11. The Reliance Parties may rely on this Estoppel Certificate without making inquiry of the undersigned. 12. The individual executing this Estoppel Certificate on behalf of Landlord represents and warrants that Landlord holds the interest of landlord under the Lease and such individual has the power and authority to execute this Estoppel Certificate on behalf of Landlord. 13. The undersigned understands that the Reliance Parties, or their respective affiliates, may enter into an agreement pursuant to which such party or parties may acquire (directly or indirectly) the leasehold estate of Tenant in the premises described in the Lease, and that if they do so, each of them will be materially relying on this Estoppel Certificate in connection therewith. 14. The current address for notices to Landlord is 5555 Perimeter Drive, Dublin, Ohio 43017. [Remainder of page intentionally left blank] 7 15. This Landlord Estoppel Certificate shall be binding upon the undersigned, its successors and assigns, and may be relied upon by the Reliance Parties. 16. Dated this ___ day of ____________, 2022. CITY OF DUBLIN, OHIO By:________________________________ Name:______________________________ Title:_______________________________ 8 EXHIBIT A (To Landlord Estoppel Certificate) Exceptions to Landlord Certifications, Representations and Warranties None 85295241v.8 Golf Club of Dublin Ground Lease Assignment SEPTEMBER 26, 2022 •On December 7, 2000, the City approved a ground lease and operating agreement with Tartan Golf Company for the construction and operation of a public golf course. •The ground lease has been amended three times. •New Era Golf Ohio GCD, LLC holds the current lease assignment and operates the golf course. Background •In June 2022, representatives from Bayberry Capital LLC, KemperSports, and New Era Golf met with City staff to discuss Bayberry potentially acquiring New Era Golf. •As part of the proposed acquisition, Bayberry planned to enter a management agreement with KemperSports to manage the operations of the Golf Club of Dublin. •During the course of finalizing the acquisition, Bayberry and KemperSports reached an agreement for the lease to be assigned directly to KemperSports, rather than an assignment to Bayberry concurrent with a management agreement with KemperSports. Proposed Ground Lease Re-Assignment •Founded in 1978, KemperSports is a nationally known, full-service golf management company. •Owns, manages, and leases over 120 golf courses throughout the United States, including 45 municipally owned courses •Management portfolio includes top rated municipally owned courses such as Chambers Bay, WA and Desert Willow Golf Course, CA •On August 30, representatives from KemperSports and City staff met with residents, particularly from the Ballantrae community, to introduce themselves and answer questions regarding the potential lease assignment. KemperSports Background KemperSports Presentation •The term of the lease is extended for eight years to December 31, 2072. •KemperSports required to enter into MOU with the City within 120 days to implement operational plans (such as maintenance practices) outlined broadly in the ground lease. •Ponds are explicitly identified as a part of the course facilities the operator is required to maintain. •The City and KemperSports agree to work in good faith to determine if the Louis Rings Farmstead should be released from the lease. KemperSports agrees to obtain the City’s consent prior to making any structural changes to the property. •The City and KemperSports agree to work in good faith to determine if the current maintenance building should be relocated, with the City paying the costs of a potential relocation. •KemperSports assumes New Era Golf’s obligations relating to the March 21, 2021 MOU between New Era Golf and the City to address concerns related to errant golf shots on Hole 5. Ground Lease Amendment –Key Terms •The term of the lease is extended for eight years to December 31, 2072. •KemperSports required to enter into MOU with the City within 120 days to implement operational plans (such as maintenance practices) outlined broadly in the ground lease. •Ponds are explicitly identified as a part of the course facilities the operator is required to maintain. •The City and KemperSports agree to work in good faith to determine if the Louis Rings Farmstead should be released from the lease. KemperSports agrees to obtain the City’s consent prior to making any structural changes to the property. •The City and KemperSports agree to work in good faith to determine if the current maintenance building should be relocated, with the City paying the costs of a potential relocation. •KemperSports assumes New Era Golf’s obligations relating to the March 21, 2021 MOU between New Era Golf and the City to address concerns related to errant golf shots on Hole 5. Ground Lease Amendment –Key Terms Staff recommends approval of a resolution authorizing the City Manager to execute an amended ground lease with KSM Columbus, LLC related to the Golf Club of Dublin and extending terms of the current lease agreement. Staff Recommendation Questions? Your Passion, Our Purpose. 2 1978 120+ 6,500 24 National scope, local focus. Staff & Team Members Family Owned & Operated Since Facilities in Portfolio States in Operation 2 33 OUR EXPERTISE 3 35 45 Golf Courses Public Sector Clients 44 OUR EXPERTISE KemperSports provides each client with senior experts in these key areas of golf facility management. 4 5 TrueServiceTM Staff Service Training PROPRIETARY PROGRAMS TrueReviewTM Customer & Client Feedback National Accounts Cost Savings Center of Excellence Best Practice Resources Green to a Tee Environmental Sustainability Safety National Operational Efficiencies Player Development Golfer Engagement TrueLeadershipTM Senior Staff Education 6 TrueService™ CULTURE Hospitality Driven Community Relations Client Focus 77 SALES & MARKETING 7 •Annual Marketing Plan Development •Brand Building •Targeted Marketing Campaigns •Creative Events & Programming to Engage the Community •Communication Strategy and Engagement 88 SALES & MARKETING 8 •Tactics •Perform SWOT •Market Research & Data •Digital Awareness •Understand the Competition •Improve Programming •Grow Community Relations & Partnerships •Sales Process & Incentives 9 Why KemperSports Will Be a Great Partner for the City •Our people, their passion and expertise •Our size…big enough for scale, small enough to service your needs •We are passionate about customer service •Our customized sales and marketing approach •Our track record of delivering on our promises •We are client centric and transparent 10 Vision for the Golf Club of Dublin •A friendly and welcoming environment •An outgoing and service-oriented staff •A golf course consistently in very good condition •A very active facility via programming and lesson programs for all levels of golfers •An operation that is professionally managed •A facility all Dublin residents can enjoy 11 Our Approach to Servicing You and the Golf Club of Dublin Our expert local, regional and national teams have years of experience in operations, sales and marketing, agronomy, finance and HR. •Regional Team •Mark Hoesing, SVP of Operations •Chris Tuohey, Regional Operating Executive •Erica Espe, Regional Sales & Marketing Director •Dave Groelle, Regional Agronomist •Corporate support team •Shawn Richter, VP of Accounting •Heather Margulis, Senior VP of Human Resources Galloping Hill Golf Course –Kenilworth, NJ 12 What are KemperSports’ Goals and Objectives for the GC of Dublin? •Consistently deliver a first-class golf and food and beverage operation, every day •Make GC of Dublin the top public course in the Columbus market and in Ohio •Serve the needs of the residents of Dublin •Ensure top course conditions at all times •Provide a fun, welcoming environment everyday Golf Club of Dublin 13 The support we received from everyone with KemperSports during our renovation was nothing short of amazing.” Brian Stillman, City of Round Rock 14 Thank You To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: August 9, 2022 Initiated By: Robert E. Ranc, Jr., Deputy City Manager/Chief Operating Officer Re: Golf Club of Dublin Lease Assignment Background The Golf Club of Dublin (GCD) is a significant public recreational amenity in the City of Dublin, and specifically the Ballantrae neighborhood. New Era Golf Ohio GCD, Inc. (New Era) acquired the Golf Club of Dublin (excluding the land, which is owned by the City of Dublin) from General Electric Credit Equities, Inc. in 2014. New Era GCD also assumed the Ground Lease and Operating Agreement with the City, which was also renewed with a new 50-year term and the option for two five-year extensions. Under the lease arrangement, in general terms, New Era GCD is responsible for maintaining and operating the GCD (including the grounds and all facilities). In addition to being the lease holder at GCD, New Era is the owner of four golf courses, all located in the greater Columbus market. Bayberry Capital Group, LLC (Bayberry) has entered into a contract with New Era Golf to purchase the four golf course properties New Era owns. Bayberry is a privately held company, specializing in the investment and development of various real estate assets in the United States. Assets developed and owned by Bayberry over the last 30 years include multifamily housing in New York, New Jersey, Florida, and Colorado as well as assisted living facilities and hotels on the Northeast coast. Michael Alon is the majority owner and managing member of Bayberry. Bayberry is also seeking to obtain the GCD management lease from New Era. In order to continue to manage and operate GCD as an upscale daily fee course, Bayberry is partnering with KemperSports (Kemper). Kemper will be charged with the daily operations at GCD currently managed by New Era. Founded in 1978, Kemper is a nationally known, full-service golf management company that owns, leases, and manages over 120 golf courses throughout the United States, including 45 municipally owned golf courses. Kemper’s management portfolio includes Bandon Dunes Golf Resort, Oregon, which is consistently rated as one of the top golf resorts in the U.S. Kemper also manages Streamsong Resort in Florida, Sand Valley Golf Resort in Wisconsin, and Golden Horseshoe in Virginia. Two of Kemper’s top rated, municipally owned courses are Chambers Bay, Washington, host to the 2013 U.S. Amateur Championship and 2015 U.S. Open and Desert Willow Golf Course, consistently rated the top public golf course in the Palm Springs/Palm Desert, California golf market. Kemper plans to move forward with the current operational management staff at GCD. However, Kemper will install a new person who will be responsible for providing oversight at GCD. This employee will be on site at GCD regularly, and will provide accountability and access to additional resources from Kemper, including experts in agronomy and maintenance, food and beverage, and promotion, sales, and marketing. Kemper is committed to delivering a high-level golf experience Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Memo re. Golf Club of Dublin Lease Assignment August 9, 2022 Page 2 of 2 to the residents of Dublin in terms of access, affordability, golf instruction, and a welcoming environment for all levels of golfers, as well as those interested in accessing the restaurant and other activities. Kemper intends to maintain GCD as a market leader in the Columbus golf market as well as a well-known, high-quality municipally owned golf facility throughout the State of Ohio. The sale of New Era to Bayberry is scheduled to close on September 30, 2022. In order for Bayberry to obtain the ground lease and operating agreement for GCD, the City Council must approve the assigment of the ground lease and operating agreement from New Era to Bayberry. If the Council approves the assigment of the lease from New Era to Bayberry, Bayberry will enter into a management agreement with Kemper for the daily operation and management of GCD. New Era and Bayberry have requested the assigment of the lease to be considered at the September 12, 2022 Council meeting. City staff and the law director are currently working on the details of the lease assignment, and more information regarding the lease assigment will be provided as part of the agenda packet for the September 12 Council meeting. City staff, in coordination with New Era, Bayberry, and Kemper, are planning a public meeting at the GCD club house prior to the September 12 Council meeting to discuss the pending sale and lease assignment with interested residents. This meeting will allow residents, particularly the residents of the Ballantrae neighborhood, to meet Kemper personnel and ask questions regarding the potential change in management. The meeting is tentatively scheduled for August 23, and City staff plans to announce the details of the meeting later this week. Recommendation This memo is for information only. If there are any questions please contact Robert Ranc at rranc@dublin.oh.us or 614-410-4739. AMENDMENT N0.3 TO GROUND LEASE AND OPERATlNGAGREEMENT This Amendment No. 3 to Ground Lease and. Operating Agreement (hereinafter, Amendment No. 3") is entered into and effective as of April Z I , 2014 (the "Effective Date") by and between the City of Dublin, Ohio (the "City"), a municipal corporation and political subdivision organized and existing under its Charter and the laws oFthe State of Ohio, having an address of 5200 Emerald Parl~way, Dublin, Ohio 43017, and New Era Golf Ohio GCD Inc,, an Ohio corporation, having an address of c/o Glen Ross Golf Club, 231 Clubhouse Dr., Delaware, OliiQ 43UT5" "New E~a.~CD"). ~ ~. .. __ ... WHEREAS, the City, as Lessor, and Tartan Golf Company, LLC, an Ohio limited liability company (`t'artan"), entered into a certain Ground Lease and Operating Agreement dated December 7, 2000, a memorandum of which was recorded on January 19, 2001 at 11:55 a.m. as Instrument No. 200101190012497 of the Official Records of Franklin County, Ohio, which Ground Lease and Operating Agreement was amended by that Amendment No. 1 to Ground Lease and Operating Agreement dated October 22, 2001 and recorded on October 22, 2001 at 2:19 p.m, as Instrument No. 200110220242694 of the Official Records of Franl~lin County, Ohio, and which Ground Lease has been further amended by that Amendment No. 2 to Ground Lease and Operating Agreement (With Assignment of Lease) dated July 19, 2007 and recorded on July 19, 2007 at 3:02 p.rn. as Instrument No. 204707190126587 of the Official Records of Franklin County, Ohio (collectively, the "Lease") for the Property as described in the Lease; and WHEREAS, pursuant to the Lease, there has been developed and is currently operating a public golf course facility on the Property 1~nown as The Golf Club of Dublin; and WI~EREAS, the current Lessee under the Lease is General Electric Credit Equities, Inc., a Delaware corporation ("GE Credit Equities") by virtue of an Assignment and Assumption of Ground Lease Agreement by and between Reg Martin of Martin Management Services, Inc., in his capacity as Court-Appointed Receiver for The Golf Club of Dublin, LLC, as Assignor, and 00155616 Z} GE Credit Equities, as Assignee, dated March 27, 2013 and recorded April 4, 2013 at 12;53 p.m. as Instrument No. 201304040055613 of the Official Records of Franklin County, Ohio; and WHEREAS, on the date hereof, GE Credit Equities has assigned all of its right, title gild interest in and to the Lease to New Era GCD pursuant to an Assignment and Assumption of Ground Lease Agreement dated April _, 2014 and recorded on Api7i _, 2014 at as Instrument No. of the Official Records of Franklin County, Ohio the "Lease Assignment"); and WHEREAS, the Lease Assignment requires the consent of the City and contemporaneous with the execution, delivery and recording of the Lease Assignment, the City and New Era GCD desire to amend certain terms and provisions of the Lease. NOW, THERETORE, in consideration of the agreements and obligations set forth herein and for good and vaiuabie consideration, the receipt and sufficiency of which are hereby acknowledged, the City and New Era GCD hereby agree as follows: Section 1. Definitions. All capitalized terms used, but not defined in this Amendment No. 3, shall have the respective meanings ascribed to them in the Lease. Section 2. Consent to ~E1ssi~iunent of Lease. The City hereby consents to the assignment of the Lease to New Era GCD pursuant to the Lease Assigiunent. Section 3. Consent to Mo asre Financing. The City hereby conseats to a financing transaction being undertaken by New Era GCD in connection with its acquisition of the Lease and The Golf Club • of Dublin assets. Such financing will be in an amount not to exceed 1,900,000 with West Town Savings Bank. Such financing will include encumbering the leasehold estate owned by New Era GCD pursuant to the Lease with a mortgage, assignment of rents and security agreement and a collateral assigmnent of the Lease. Section 4. Extension of Lease. The term of the Lease is extended for an additional twelve years and shall terminate on December 31, 2064. Under Section 2.3.(a) of the Lease, "December 31, 2052" is hereby amended to read "December 31, 20b4". Section S. Amendment to Lease Tenn ,Extensions, Section 2.3.(b) of the Lease is amended to read in its entirety as follows: b) This Lease shall be extended beyond the initial lease period in increments of five 5) years for two additional five (5) year terms automatically; provided, however, that if either party gives notice tc the other al• least 120 days in advance of the then current lease expiration date, that said party desires fillat the Lease not be so extended, then the Lease will not be extended and shall be terminated in accordance herewith; provided further, however, that the City shall not be permitted to cancel any Iease extension rights hereunder unless the Lessee is in material default of any of the provisions of this Lease, 2 00155616.2) the notice from the City as above provided contains a detailed list of such material defaults, and the Lessee does not substantially cure such detailed list of material defaults to the reasonable satisfaction of the City prior to the expiration of the then cuurent term of the Lease" Section G. Financial Statements. Section 4,3,(i) of the Lease is amended to delete the requirements that Lessee employ generally accepted accounting principles in the preparation of its financia] statements, prepare an audited balance sheet and income (or loss) statement and obtain audited financial statements, In lieu thereof, the Parties agree that Lessee shall employ tax basis accowiting principles and shall prepare and maintain only Lessee prepared balance sheets and income (or loss) statements and financial statements. If the Lessor desires such materials to be audited, the Lessor may do so at the Lessor's sole cost and expense; provided that the Lessor acknowledges that all books, records and financial statements are confidential and proprietary business records of the Lessee and shall not be made public by the Lessor. Section 7. Business Plan, Budgets and USGA Certification. Due to the fact that New Era GCD will betaking aver ownership and operation of The Golf Club of Dublin in April, 2014, the City hereby waives for calendar year 2014 only, the requirements of Section 4.3.(g) of the Lease that the Lessee provide business plans, budgets and a United States Golf Association review and report. .. . Section 8. New Era GCD Acknowledgment as to Condition of Golf Club of Dublin. Now Era GCD aclrnowledges that it is acquiring all right, title and interest in and to the Lease aild The Golf Club of Dublin in their "AS IS, WHERE IS CONDITION" with all faults and New Era GCD will not look to the City with respect to issues arising from the current condition, physical or financial, of The Golf Club of Dublin. Section 9. Modification of Property Leased, The City and New Era Golf agree to work in good faith to arrange for the old homestead house and immediately surrounding property, including barns and wash bays adjacent to the old homestead house to be the subject of discussion as to whether same remain a part of the leasehold estate under the Lease. Section 10. Multiple Cotu~terparts, This Amendment No. 3 may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same insiatiiment. Section 11. Ca bons. The captions or headings in this Amendment No, 3 are for convenience only and in no way define, limit or describe the scope or intent of any provisions of sections hereof. Section 12. Severability. If any provision of this Amendment No. 3, or any covenant, obligation or agreement contained herein is determined by a cou~~t of competent jurisdiction to be invalid or unenforceable, such deterniination shall not affect any other provision, covenant, 3 OOI55G1G-2} obligation or agreement, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein. Such invalidity or unenforceability shall not affect any valid and enforceable application thereof, and each such provision, covenant, obligation or agreement, shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. Section 13. Modifications/Conflicts. Nothing herein shall be deemed to modify the terms aizd conditions of the Lease unless expressly set forth herein, and except as modified herein, all terms, covenants and conditions of the Lease shall remain in full force and effect. In the event of a conflict between the terms and ConditlonS of t1115 Amendment No. 3 and the Terms and conditions of the Lease, the terms and conditYOns of this Amendment No. 3 shall prevail. Signature Page Follows) 4 ooiss~is-zl IN WITNESS WHEREOF, the City hereto has executed this Amendment No. 3 as of the date first above written. Approved as to form: Stephen J. Smith, Director of Law City of Dublin, Ohio By~``~~, Marsha I. Grigsby, City Manager City of Dublin, Uhio STATE OF OHIO COUNTY OF FRANKLIN By: _ Name:'C~o~ ~ .l ~~ -~ Title: C, ~D...~. 'r' The foregoing instrument was acknowledged before me this ~ day of April, 2014, by Marsha I, Grigsby, City Manager of The City of Dublin, Ohio, a municipal corporation and political subdivision organized and existing under its charter and laws of the State of Ohio, on behalf of the City of Dublin. u~ui~nuii 1Zp,RIAL SF~ib4 1 ~,'JENNIFER L. DELGADO NOTARY PUBLIC 4~~, ~STATE OF OMIO 7 =~., , • :Comm. Expires January 02, 2018 ary P Iic COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this ay of April, 2014, by of the City of D hio, a municipal corporation and political subdivision organized and existing Its clZarter and laws of the State of Ohio, on behalf of the City of Dublin. 5 00155616-2} IN WITNESS WHEREOF, New Era Golf Ohio GCD Inc. hereto has executed this Amendment No. 3 as of the date first above written. STATE OF OHIO COUNTY OF FRANKLIN New Era Golf Ohio GCl) Inc. By: ~ G! Raymond A. Finnearty Treasurer and Assistant Secretary The foregoing instrument was acknowledged before me this ~~ day of Apri12014, by Raymond A. Finnearty, the Treasurer and Assistant Secretary of New Era Golf Ohio GCD Inc., an Ohio corporation, on behalf of the corporation. o. ~~.,....0.~~,1alA~.~s~9''-. L NAAT7HEW RICHARD DIXCN a i Attalney at Lawn kNotary t3uhfta, state of Oftlos ~y Commission Has iNo El~traeon of o'~'~~,~ 5actlon 147.03 R.C.This instrument was prepared by:David W. Fisher, Esq.Kephart Fisher LLC 207 N. Fourth Street Columbus, Ohio 43215 614) 469-1882 Notary Public 6 00155616- 2} ASSIGN AND ASSUMPTION OF GROUND LEASE AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE AGREEMENT (this Assignment") is entered into as of the _ 21 s~ day of April, 2014 ("Effective Date"), by and between GENERAL ELECTRIC CREDIT EQUITIES, INC., a Delaware corporation ("Assigaax"), and NEW ERA GOLF OHIO GCD INC., an Ohio corporation ("Assignee"). BACKGROUND A. The City of Dublin, Ohio, a municipal corporation and political subdivision of the State of Ohio ("Landlord', and Assignor (as successor under the Lease to Tartan Golf Company, LLC) are parties to a certain Ground Lease and Operating Agreement dated December 7, 2000, a memorandum of which was recorded on January 19, 2001 as Instrument No. 200101190012497, Recorder's Office, Franklin County, Ohio, as subsequently amended by a certain Amendment No. 1 to Ground Lease and Operating Agreement dated October 22, 2001 and recorded on October 22, 2001 as Instalment No, 2001].0220242694, Recorder's Office, Fra111c1i11 County, Ohio, and aS further amended by a certain Amendment No. 2 to Ground Lease and Operating Agreement (With Assignment of Lease) dated July 19, 2007 and recorded on 7uly 19, 2007 as Instrument No. 200707190126587, Recorder's Office, Franklin County, Ohio, as assigned by a certain Assignment and Assumption of Ground Lease Agreement dated March 27, 2013, recorded on April 4, 2013 as Instrument No. 201304040055613, Recorder's Office, Frauldin County, Ohio (collectively referred to herein as the "Lease"). B, Pursuant to the terms of the Lease, Assignor presently is leasing certain land and other real property interests owned by Landlord and located in the City of Dublin and Washington Township, Franklin Goanty, Ohio (the "Property"), all as more specifically described in the Lease. Landlord is the fee owner of the Property, as reflected in deeds of record in Jnstrument Nos. 200011210236365, 200110220242648, and 2001102202426$8. A legal description of the Property is attached hereto as Exhibit A. The Property is designated as Franklin County tax parcel numbers 274-000293, 274000294, 274-000333, 274-000334, 274000335, 274000339. C. Assignor now desires to assign its interest in the Lease to Assignee, and Assignee desires to receive such assignment of the Lease from Assignor. D. Capitalized terms not expressly defined herein, to the extent such terms are defined in the Lease, shall have the same mealung and application ascribed thereto in the Lease. 001575232}US_100324S17v2 214590-005074!16/20149:48AM AGREEIYXENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows; 1. Assignment of Lease. Assignor hexeby assigns to Assignee, as of the Effective Date, all of Assignor's xights, title, and interest in, to, and under the Lease, and, without limiting the generality of the foregoing, Assignor expressly acknowledges and agrees that it is assigning and transferring all of its rights as `lessee" under the Lease with respect to any prepaid rental amounts, options, tights of first refusal, rights of first offer, deposits, and all of Assignor's interest in and to improvements and other property and interests owned or held by the "Lessee" pursuant to the terms of the Lease. 2. Assumption of Lease, Assignee, as of the Effective Date, hereby accepts the assignment of the Lease from Assignor, including all of Assignor's rights, title, and interest in, to, and under the Lease, and Assignee agrees to assume and perfoxm all of the covenants and obligations of the "Lessee" under the Lease accnling from and after the Bffective Date. 3. Indemni .Assignee hereby indemnifies, defends and agrees to hold harmless Assignor from and against any and all liabilities, claims, demands, obligations, assessments, losses, costs, damages, and expenses of any nature whatsoever (including, without limiting the .generality of the foregoing, reasonable attorneys' fees and court costs) which Assignor may incur, sustain, or suffer, or which maybe asserted or assessed against Assignor on or after the date hereof, arising out of, pertaining to or in any way connected with the obligations, duties, and liabilities under the Lease alising from.and after the date hereof 4. Notice Address. Assignee will give notice to Landlord of Assignee's )notice address for purposes of receiving notices under the Lease, which shall be: New Era Golf Ohio GCD Inc. c% Glen Ross Golf Club 231 Clubhouse Dr. Delaware, OH 43015 Attention: Ray Finnearty Tel: (614) 774-0913 5. Miscellaneous. Captions used in this Assignment are for convenient reference only and axe not intended to be used to construe the provisions of this Assignment, This Assignment may be executed in duplicate counterparts, which shall together constitute a single agreement, and the parties agree that a facsimile of the signed and notarized execution pages of this Assignment, faxed or scanned and e-mailed, shall be treated as the equivalent of delivery of signed originals. The provisions of this Assignment shall bind and inure to the bene:Ot of tkle parties hereto and their respective successors and assigns. Signature and aclcnowledgmentpeges follow] 00157523-2}US_1003245I7v2 214590-00507 4/16/2014 9:48 AM IN WITNESS WHEREOF, the parties have executed this Assignment as of the Effective Date set forth above. ASSIGNpR: GENERAL ELECTRIC CREDIT EQUITIES, INC., a Delaware corporation ray: ~ .~.. Name: Its; t STATE OF -Z~L//~c?1.5 COUNTY OF ~ : SS; The foregoing instru_m~ent was acknowledged before me this l~ T~ day of P~C~ , 2014, by +:Jc~H~I L~ r/~J~~r~R- ,the i iZE_Q~~ of General Electric Credit Equities, Inc., a Delaware corporation, on behalf of the corporation. Nota ublic Commission Expiration: ~/ OFFICIAL SEAL KATHLEEN M FOX Notary Publlo -State of Illinola My Commission Expires Sep 1, 2017 Additional signature and acknowledgment page follows] US_100324517v2 214590-0050? 4/8/2014 8:13 PM ASSIGNEE: NEW ERA GOLF OHIO GCD INC., an Ohio corporation By: g Name: Raymond A. Finnearty Its: Treasurer and Assistant Secretary STATE OF OHIO COUNTY OF FRANKLIN : SS: The foregoing instrument was acknowledged before me this 16'~ day of April, 2014, by Raymond A. Finnearty, the Treasurer and Assistant Secretary of New Era Golf Ohio GCD Inc., au Ohio corporation, on behalf of said corporation. f2o-(P~~A(, ~~~~t fUTATTHEW RICHARD DIXON s 1 Atf4rla3y at La>% p rotary Public, State of Ohio a Niy Commission Nas No Expirarien s pf Secban 94T.03 R.C. o~O F a..~Notary Public Commission Expiration: This instlment prepared by: Brett A. Kifferstein Katten Muchin Rosenman LLP 525 W. Monroe Street Chicago, Illinois 60661 00157523 Z}US 100324517v2 214590-00507 4/16!2014 9:48 AM EXI~BTT A To Assignment and Assumption of Ground Lease LEGAL AESCRIPTION 00157523-2}US_I003245I7`2 214590-00507 4/1GJ2014 9:48 AM Pnk~ ~ o~'_ ~ ~~ SUY1Nt]~.AR'i~ DIrBGXtIPTYC?I~i t)p' 9.Q94 ACYtL$ auth ai' 9h[er Rings Read lEaat of eosgr$y l~ortd 3ftuafed in Ylxe State of Ohiv, ~aunij~ of Frantclira, city of public, lyfxYg in Surveil Numbers 6933 atui 3453, Vir~oia Military I~gtsiot, being part. of the remainder of that 21.71 O acre tract conveyed to Tke Lily of Ihtblin, t)7ua of record. fn lustrtymerst 1~Tumber 2000122107,3S3G5, ax~td described us follows: 13agBnr:lrxg, f°r rejorence, rat ilea eFmterl a intersectIoa of Bailantrae Place with Marmi4n 3]riva, ae shown oa Ballantrae Simon 2 Y'art 2 tiir record in Alas Book 48, Page 50; tlienee with thcs e~nterline of Bally#a ~'Iaaa, with the arC mf n curvo to the right, having. a oantral eagle of 13° 02' 21", a radius of 7 4.00 feet, an aro lengtlr of 170.6$ 2{vat, a chard Y+earing and distance of"1~'orth 67° 31' 45" W ,,l 70.3 i feet; tlseace Naxtlt 2$° 59' 2ts" Bast, 25.00 P t #o an iron pits gwt at the southwest comer aP I.ot 207 as sbawa on said Ballantrac Scotlon Z P ~ and an thq north t^.tght-of•-wAy liao of 13allentraa Place, the 2Y~ue F'otnt of ~eg~nrring; thence with said Borth right-ot=way liasrs as showm oa Batlaaatrae Section 2 Part 3 of reoorST is Plat $oolc 98, Page 52, with. the arq of s ourvo to th,o right, having a oenttal azxgie o£ l7° 03' 1 S", a radius of 725.00 Peet, an ero loagtl- of 215.80 feat, a shard bearing and distance of I~Iorth S2° 28' S7" Wcst, 215.00 feo# to runt iron piit gat at ti;e southeast carnet oi'Lot 268 as shown on said Sallantree Section 2 Aart 3; thence with the easterly peritnetea of sand Ballatttt~te Section 2 part 3, the following ocuraost North 46° 02' si0" Bast, 128.62 feat to an axon pin set; Notch 28° 33' S7" Wmst, 79fl.00 :feet to atx iron gin sot; North 15° S9' 04" East, 201.02 feat to an iron pin set; 1~7orth 00° 13' 07'° Eas#, 100.50 foot to an iron pit7~ sot; North 11 ° 12' 09" Wont, 100.50 feet to an imn pi:a sot; North 27° 47.55"'West. 210.77 feet to an iron pin set; 1~Tortlx 90° 43' 44" #3ast, d~9.ti4 feat to an iron pin set irx tine ~tvest tine of I,ot 255 as shown ozx said Baliautrae Section 2 Port 3snd is the south litao (formerly rho south right of-wmy line ot: Waernor Temple Ytoad) of that trnct ezoaveyod to The City of Dublin, Ohia of record in xnattument Tlurttber 2001102202426«(8; thence wills said south lino, the following cotu~es: with tt-o aro of a curve to the right, har+itrg a oentrnl aregle oP 46° 00' 2S", a radius 4f 242.84 Peel, eta era length o£ 185.00 Pget, a chord b0ariaig sad diat'finese of South 4$°; 1 l' 11 " East, 189.80 feet to an iron pits set; SoutIa 25° 23' 47" East, 104.17 f®et to sn irar~ girl set; with the arcc of a curve to the loft, ha~rin~ a central angle of 67° ZS' 5S", a radius of 302.84 feet, at: arc lettgtli of 356.42 that, a chord boating and dietanoc~ of South S9° 06. 36" Bast, 336.20 Peot to au iron pia set at the northwest earner of Lot 484 as shown on BaIlantrav Soctlon 6 Part 1 of rocord fix plat Brook 108, Page 91; thence witlx tho westerly peritristor of said 13allantrae Section S Part I, then following eoarsea: South 03° 48' 37" IIast,424.47 feet to an iron pia rat; Soutb 09° 22' 43" 33ast, 546.95 feet to eta iron pin sat at au anglo point in the roost ]fne of I.ot 476 as shown on Ballststrso 3ectlca 6, Part 1 and the xmrtttmost oornor of said Lat 207; tlsenoe South 28° S9' 26" West, with ~o west line of said Lot 207, 204.69 feet to tlio 71-c~e t'olnt afl3egtnr:i~xg, oosa#aining 9.054 acres, more or lase. subjgc~ howover, tc all 2W$al righhtswf way and/or easerncants, if :-ny, of previous rocard. 001S7S23 2}US_100324517v2 214590-00507 4/16/2014 9:48 AM exhibit '" ~" page of ~..,~„ 8C)UNDe1,RX` DESCRdI'TIUN CyF 9.094 ACItI~3 Z- Bearings are based an thv Qhid Mato 1'lanv Coordinat$ System as per N,ADll3. Canirol far bearing was from coordinates of mnntiments 556 and 7752, having a beariag of South $S° i4' 20° Bast bett~voen, mwuurneuta, established by the l~raztklin County ~gineering lJepartmsnt~ using (Jlobal I'ositianiug Syst~t procedures and equcpment. All references are to the records ofthe itecorder's c~flice,~ l~ranl¢Iin County, Chia, This survey was prepared by Evans, Meohwart, Hambleton & Tiltan, Inc. under the direction of Edward J. ivliller, P.S. Na 8250 from existing x+ecUrds and actual field surveys. Iron pins sot, where indicated, are ir{tn ,pipes, thirteen sixteenths (lS/id) inch %lside diameter, thirty (30) inches long with a plastic u8 placed in the tap bearing the initials EIVIHT IMQ.n n, irrn.i Mtr_I.FR = p 8250 0. ' oa',O~ .;~`{3137EE;~ ~~ ivM:sanoMs,~oor 9Q9q eo 70833.doa Edward J. Miler \ Professional Surve_ 8250 iN & 1LTON, INC. 001575232}IJ5_1 0 03245 1 7v2 214590-U05079/16120144;48AM C:~hibit r3,o~]rlnnit~ xai~se>E Soatit of East of uf.,...,lr ...~.~. ON OF 12.282 A~Ii,1S Rings tread ray Road Situated in: the State of Ohio, Coup i of Franklin, City of Dublin, lying in Survey Namilets G9S3 and 3453, Virgittia Military b' tHct, beiag part of the remainder of that 21.710 acro tract Gaaveyed to The City of Tin, Ohio of record in Inatnunent Nuralter 200011210236365, and described as follows: i?egfrerting, for rejers~ce, at the cent a intersection pf Ballantrae Placc with Mtu'mion Drive, as shown au Ballantrae Section 2 Pact 2 record in PIat Eook 98, Paga 50; thence South i s° ST OS" West, with th oenterli+as of Marmion Drive, 48.43 feat; thenop Natth 74° Q2' S5" West, 25.04 of Ivl:armirsn Drive, the :Ihtte ~'oint offleglnnir thence South 15° 5T OS" West, with e sat at a point of ourvature;; thottco coadnuiag with said west ri having a central angle of 13° 54' ~4(1", aradi bearing and distenco of South 22° 54' 25" C91ripOllAd Cln'vatllre; gt to an iron ptn sot in the west right oi=way line west right of-way lice, 81.S8 feet to an iron pin ght sway line, with'the aro of a curve to the right, tls t~f 325.00 feet, an era length of 78.91 feet, a chord West, 78.71 feet to an Iron pin set at a point of thence continuing with the west righ -'of--way line of Mammon Drive as shown on Maruiinn X'3rive I7edieatlon and Easenac;nta of r~cord is Plat Book 106, Page 46, with tTxe arc of a curve to rho night, having a central angle of 16°'S2' S2°, a radius of200.00 feet, as arc length of 38.93 fioet, a chord boating and distance of South 38° i8' 11" West, 58,71 feet to an iron pin set at a norWeast tamer of that 11.827 acre tract conveyed to G'Iena at BalTantrae, LLC of record in Inatrumant Num>,~cfr 200510190219967; thGncC North 71 ° 33' S2" West, with a north line of said 11.827 acre tract, 509.90 feet to au iron pin sat; thence North SG° 33' 26" West, with a earth Tine of said 11.827 acre trnct and the retnauulef of that 11.100 acre tract conveyed to Bdwards Cro1f Commuttltios, );LC of record in instrumoat Number 20030528415gz14, 825.00 Ebel to an iron pin sat; thence North 99° 23' 06" West, with the north line of said 11.100 acre tract, 320.00 Chet to an iron pin set at the northtnost corner thereof and in s southeast line of that 40.923 acre tract conveyed to Edwards Golf Comrauaities, LI,C of record in Insh~urnaat Number 200009230198680; thence with rho easterly perimeter of said 40.923 aano tract, rho following courses: North 37° SO' S9" Bast,120.00 foot to an iron pin sot; North ZS° 08' SO" East, 357.66 fovt to an iron pin set; North 84° 30' 29"Bast, 85.00 feet to an iron pin sets North OS° 29' 31" Went, 150.00 feet to an imu pIn set, thenco North 84° 30' 29" Bast, with a line ofsaid 40.923 acre tract and the south right of- waylitte ofBarronsatorp Way as shown on Bal]atttrae SeatIon 2 Part 3 pfrocord in Plat Hook 98, Pogo 52, 245.00 feet to an iron pin set at then northwest corner of Lat 234 as shown on said Ballewtrac Section 2 Part 3; thence with the westerly pei4axe;ter of said 13ailatttrae Seotion 2 Pont 3, the following courses: South 05° 29' 31"East, 110.00 feet to an imn pin sot; Soulh 15° 24' 30" West, 533.07 fast to an iron pin ac+t; South 24° 06` 15" Bast, 186.41 that to an imn pin act; South 58° 21 ` 01" Bast, 452.43 feot to an iron pin apt; South S3° lti' 46" East, 211.95 foot to as iron pin set; North 48° 50' 26" East, I22~2 feet tv wi iron pIn sot at tiro easttnost corner of rot 223 as shown on said $allanttae Sectiaa Z ParE 3 cad is the south rightof--way line oFSalIantrae I'1ace; OOI575232}US_I00324517v2 214590-005074/15l20I49:48AM iib~t vui+m~t'Y r 12.282 A.CX2~5 thence with said south right of--way ti ~, with the arc of a ourve io the Left, having Q central anglo of 29° 18' 22", aradius of 775.0 Beet, an arc length of396,4D feat; a shard bearing and distance pf South 55°~ 48' 44" East, 392.09 eet to an iron pin Bet; thence South 27° 15' 25° East„ with sf PoEnt of,9eglnning, containing 12.282 eareg, rt. Subjeot, haweve , to ail lagcil rights-of- Bearings are based on the Ohio 5tato l for bearings was fiam cotsrdinates of monume Q4' 2p" East between monuments, established using Lllobal Positioning System proceduxcs ar All refarenaes are to the records of the J This survey was prepared by EVans, direction of Edward J. Miller, P.S. No. $250 $~ Iran pins set, where indicated, era it diameter, thirty (30) iachea Fang wit$ a plastic 11~1C. `+~.~Hnn nb./rr~.r. i J. - ; aM11_t.E62 f b7,o :,,,p 8250, r o r oFSFOrsr~.P; ~~.`;` EdwardJ~o..s~ONAL~V,_a``` Amfija~ain l south right-of-way 1ina, 34.23 feet to the 75~ue a or lese. 3y and/or easements, if any, of previous record. Ine Coordinate System as par NA1783. Contxol s 5536 and 77'52, having a bearing of South 85° the Fraxsklirt (:aunty Engineering Department, equipment. corder's Office, Franklin County, Ohio. ecfrwatt, i~a~nbteton & Tilton, Inc. under the t existing recoixis and achral field surveys. pipes, thirteen sixteenths (] 3/16) inch inside dug pieced is the top bearing the initials EIVIIiT Miner wu:swlay.yzam I2~LY ¢D 70fl13.dDD IiAMB`LETON & TILTON, INC. to\-Z~p'1 8250 00157523-2}uS 1003245172 214590-00507 4/16/20 i4 9:48 AM Exhtbtt ~.." r~ page, OUN7~ARY i>'gSC1 South of East of CAN O1N' 23.395 ACRES Rings Road xav Road Situatod is the State of Ohio, Count Number 3433, Virginia Military DLstrlaf, bet conveyed to The City of Dublin, Ohio of xeoo. past of that tract cortvvy®d fa The CIIy of 200110220242648, end described as follows: Baglsning, for reference. at ffia cvnterl Place, as shown oa Bailantrae Sea[ion 2 Part I thence with the cegterline oPBite~rman ] central angle of OS° 43' 06", a radius of I9C bearing atui distance of North QO° 28' OB" East, thence South 86° 40' 19" )west, 35.00 fat Eiterman Road end at the northwest coxnvr of Zhre Paint ofBeglntri~rg; f ]?ranklin, City of Dublin, Iying In Survey all of the rau:aindor of that 23.598 acre treat tt instrament Nutaber 200011210236365 t+ttd a tblin, Ohio of record in Instnttoc~t Ntunbor interseotioa of Bitvrmaa Roed wi#h Ballaatrae acord in Plat Book 9E,1'ago 44; d, with the arc of a curve to the right, having a i feet, an arc length of 189.¢2 feet, a chord x.54 feet; tc atl Iran pin sdt in tha east tight-of way line o:f ot 11$ of said Ballantrae Section 2 Part I, the thence with said castright-of-way lino following courses: North 03° 19' 4i"East, 228.37 foot to iron pin set at a point of aurvatura; with the arc of a curve to the last, ha ins $ central eagle of 03° 43' IG", a radius of 1925.p0 feet, an arc length of 125.02 feel, a ~ord bearing and distance of North Ol° 28' V3" Lust, 125.00 feet to as lzoa pin set at a sotrthwe~t comer of the remainder of thnt 7.667 acre tract convoyed to Daffy Villas, LLC of rooord in 20010240213 121; thence North 85° 14' 02° ]last, with thei youth lino of said 7.667 aoro treat end the south lino of Fart I o£ Villas at Ballautrae Cq~ oulniunx Seventh Amcutdmeat of record iza Cgxuiomiuiutn Plat Book 149, Page S3, SOS.00 gat to an iron pin oat; thence South 47° 11' 42" East, with the south lies of said Part 1, Part 3 of Villas at allantraa Condominium Eleventh Amendment of record in Condominium Plat Book 167, Page39, Part 3 of Villas at Ballantrae Condosninittm 'IYilrteenth Amvndntent of record in Condwltinium Plat Book 183, Pagq 89, Part 1 of Villas at Ballarmae Condozxxiaium Eighth Ametulment of record In G'ondomituiuui Plat Flock 155, Page I7, and the remainder of that 7.246 acrd tract conveyed to Duffy Villas, LLC of raaord in Iastrutttrtnt Number 200502100025793,307.26 feet to as iron pin set; thence South 34°. 29' l9" East; wiW the sanfhwast line of said 7.7A6 acre tract, Part 4 of said Viiiss at l3ailantrae Condominium Eleventh Amandravat, Part I of Villas at Ballantrae Condominium Twvltth Amendment of record in Condominium Plat Book 178, Psga I, anal Part 3 of Villas at BalIantra@ Condominium Ninth A,tnerndmvat ofre~ard in Condomiaiutn Plat Book 158, Page 41, 4$1.27 feet to an iron pim set ad the sontlunost corner thateot; thertoa North 27° 00' S4" Ea9t, with the southeast line of said Part 3, Part 3 ofsaid Villas at l3allantraq Condoininiutn Seventh Amendment, and Part 3 0£ Villas at Ballant3•av Condonunium'Teath Amendment of record in Condominium Plat Book 164, Paga IG , 225A0 feet to an iron pin set; thr~ttce North 08° 21' x8° West, with the east Iixae at said fart 3, Part 3 g1;'sa#d Villas at Ballantrae Cortdomin#um '6ightb. Aatendatent, Part 2 of said Villas at 13altantrae Condominium x'welRh Amendment; Part 5 of Villas at Balientraq Condoniiuinna Sixtb. Amendment ofrecord in Condominium Piat Book 146, Paga 39, Part ?, of said Villas at k3allanttae Condominium Tenth Amendment, Part 2 of said Villas at 13allantraa Condominium Seventh Asueudtnent, and sold 7.246 epre [taut, 46SA0 feet to sn Iran pin avt; tlteuoe North 34° 1S' 58" Weat, with the northeast Ilne of said 7.246 acre tract, Para 2 of sold Villas at Ballantrae Gondolniaium AItnth Amoadmant, Part 2 of said Villas et Ballantrae Candomin{um~ Eiglrth Amendment. Pasts 1 and 2 of Villas at I3a11antrae Condominium Fixst Amendment of record in Condotninigm Plat Book 122, Page 50, Part 2 of Villas at )3alIantraa Condominium 'Third Araendinent of record in Gondominium~ flat Hook 128, Faga 37, Pax[ 2 4f 001575232}1J5 100324517v2 214590-005074/IG/20i49;48AM Exhi~ ~.._.,~.~ BOTJNDARY Ialy,SCRk~'ION' OF 33,39a ACJ[tB$ Villas at 13a11entrae Condornin]um Fiitlt Ame~Tment of record in. Candoniitrium flat Book 140, Page 29, Parts 3 end 4 of said 'J]llas at Salta {rao Condotuirdutn Sixtlt At7riendtrient, Fart 2 of Villa$ at Ballanirae Cptzdominium Socond ~'endment oP record in Condominium flat Book 123, Page 87, and Villas at l3allanfxae Cand room of record in Condominium plat }3aok 109, Page 49, 790,00 feet to ors iron pin set; thence' continuing with tiro east perim, er of said Villas at Ballantrae Condanxiniurn, the following courses: _ ~ . North 02° 03' 32" T:ast, 75.00 feet tp ap. fan pin seta IVorW 52° 09' 2ti" East, 6.56 feet to au ,n pin aet; North 84° 07' i4"East, 11,42 feet to an '~ a pin set at a polar on & ourve; with the era of a. ourve to tho loft, bav,n a cenhat angle of 02° 30' I6", a radius of S12.SS fcot, ate eta lengtls of 22.40 feet, a chord ba ' ;$ and distance of North 3ti° 28` 30" East, 22.40 feet tp art iron pin set; thence North 52.° 09' 2G" Bast, w Wa east liar of said Villas at Bailantrae Condomituutxs and part i of said Villas at ttllantrae Condominium Tlsirtevnth Ameadment, 42.16 feet to an iron pin sat in the south xigh -:af--way line of relocated Waetnor~Temple Road conveyed to The City of Dublin, (7hia of ren0 in Tnstrumont Number 2001 1 022024269 1; thence with said soutla right-af-way lin~, ~ti~e fgllowirig courses: with the am of tt'curve to ttxe right, Y HGS.00 feat, an am length of 50.01 feet, a rho: 50.00 feat to an iroa pin scl. to a pout of tangos 5autlx SI° 08' 23" East, a disteaco of 32 with, tiro arc afa ctu•ve to rite left, havin feet, an arc length oi`447.76 feet, a chord bear feet to as iron pin set at a point of tangetscy; North SS° I I' 23" 1_?ase, 1$.30 feat to an South $0° 02' A,5" East, 35.12 feet to art theatre South 05° 1S' 38" Vast, with a and a west line of said BalIanirae Section 2 Par 3ng a central anglq of 03° I8' 44", a radius of bearing and distance of South 52° 4T SI" Bast, 66 feet to an iron pin set at a point of curvature; a CeDtra] atsgle of 43 ° 40' 10", a radius of 535.00 g and distance of South 72° 58' 34" Bast, 397.97 s pia sat; t Pitt set; it rigtst-ofway lirav of Woerner-Temple ltaad 949.70 feet to an iron pin set; thence with a nortlterty gerirnetar of #rid Ballantxae Section 2 Part I, tlt6 following courses: South 20° SO' 29" West, 3 74.96 feet to • 'iron pin set; South 43° 36' 23" ~Wc~rt; 172.65 feet W iroa pin set; Souuh 68° 32' S2" West, 171.97 t~et to ti iron pin set; _ North 86° SO' S8" West, 174.70 feet to ~ iron pin set; Iti orth 62° 44' 12"'W'art, 175.04 feet to ~ trop pier sati; North. 45° 00`00" West, 318.63 feet uv 'iron pin set; North Gl° 3G' SO" West, 122,97 feet to Iran pin set; 1Vortlt G8° 45' 54" West, I2x.14 feet to an imn pia set; North 77° 48' 56" West, 122.43 feet to ~ ~ iron piu set; Saudi 89° 08' 22" West, 234.98 feet `the True Point of Beginnlxg, coruf~tining 23.335 acres. znorA ar less. 001575232}U5_100324517dL 2[4590-005074/16/20149:48AM Exlhibl~ ''~ page, ~ p!'~..._ BOiINDAR'Y X]P;SGitY)~ON OlG 23.395 ACRES Subject, however. to all legal Heariags are based an the Obio State ) for beatings was from coordinates ofmanume 44' 20° East between monuments, established using alabal Pasitiercing System grocedures• aE All references are to the records of the ] y and/or eaaemonts, if any, of prsviaus record. me Coordinate System as per NAkD83, Control 553b and 7752, having a bearing of South 85° I rho Franklin {aunty Engineering Daparlme~nt, equipment. corder°s Office, l~raaklin County, Ohio. This survey was przpared. by Evane, N~eeftwart, Hambleton & Tilton, lac. under the direction of Edward J. Miller, P.S. Na. 8250 frq~ oxisNng records and actual field surveys. Yran pins set, where indicated, are iron pipes, thirteen sixteenths (13/1 inch inside diameter, thirty (30j inches tong with a plastietpl~{g placed itt the top bearing the initials BMHT INC. ~ \\ O F t7 ~''~. SDI BAR t] ~/p'~`': i NIII.~.EF. i i. 8254yo ' o srorra.~;s~ 87M:SWIOM~Op7 a3~95 ao 70833.doc Edward J~MillarPmfessioSurYeyor E3AMBL ON & TILTON, INC. DO1S75232iU5_100324517v2 214590-005074/16/20149:48 AM i e ~f I#O~'I3riAltY 1~IASCRI7~TYi3~1tI O1F 45.SS3 ACRES South side of 2l8er kings 1Zoad East of C ~•ay Road Situatod iu the, State of Ohio, Caunty•of Frass]ciin, City of Dublin, lying in SurveyNumber3453, Virginia Ivlilitary District, being!part of that treat ooaveyed to T'ite City of publin,Ohio of record in Instrument Numbo 20D01121023G36S, 7.D0110220242688, and 20421022D242648, and described as fellows: sgtantxg, for refar¢n~, at Praailclin C linty t3~detic Suzvgy Numb®r 775.2 marking the ceaterliue intersection of Shier Rinks Road witl Eitvrman Road; tlaenco North 85° ~1' S7° last, with the ~+rlterlitae of Shier Rings Road, 470.83 feet; thenco South 04° j 8' 03" 1?ast, 5D.00 fe~~ to an free pin set in tho eolith right-of-way lin© cif Shier Ritags Road, in the south line of fleet 3 307 acre ttaat conveyed to Thq City of Dublin ofrecordinInstxutnentNtamber20010809018434, sad nt a northeast comer of Tlaa CondominiumatthQLakosat >3alianirae Tweltih Atnendmen ~ of record ire Candanainium Plat Bank 15I, Pa$o23, the Trite Faint of B~gtttning; _ thence North 8S° 41' S7" East, with s d south tight of-wuy line and said south Lute,838.07 feet to an iron pin set at the northwest finer of Let 375 as shown on Ballantrao Section 3ofrecardinPlat13oak102, Page 47; tlaGnop with the wostorly perimeter ofsaid 13ailantrae 3eotion 3, the fallowing cottrsos: South 04° l8' 03" East, 285.40 feat to an iron pin sot; South 85° 41' S7" West, 270.00 that to ~ I' irgn pin set; South S2° 20' 08" Vest, 170.00 feoC to an iron. pin set; South l5° 45' 27" 'Wost, 140,00 feet to an iron pin sat; 5auth 04° 18' 03" l'ia9t, 500,00 feet to au iron pea cot; South 09° 29' g3" West, 585.00 feet to an iron pin set; otatlt 43° 39' 00" East, I9S.00 feet to an iron pits sot; North 85° 41'•57" East, 140.00 feeC to an iron pin sat; North 52° OT l5" .East, 720.00 feet to an imn pin seY; SattCla 72° 59' Ol" Bast, 235.00 feet to axt iron pin sat; South. 37° 32' 3S" East, 248,5 l feet to an iron pin set; theuc,a Soutla OS° 1S' 3$" )3ast, continuing with said westorly perimeter, a west tine of13allantraeSclction2PartIofrecordinFlatT3oak98, Paga 44, atad a wort right pf--way line ofWoemer-Temple Road, being a west line of that tract conveyed tp '1'ha City of Dublin, Ohiq aFrooordinInstrumentNutnber200I1p220242G91, 1530.23 feet to sn iron pin set; thence with the north rlgh.#..of-way Iine of Waarner_Teinple Road, boixsg tt north line ofthattreatConveyedtoTheCityofDublin, Olila of record in Instrument Number20p120220242G91, t2ae following courses: South 39° 57' LS" West, 49.58 feet to an iron pin set; South 85° 11' 23° West, 4.29 feet to an iron pin set at a paint ofourvature; wfth the era of a curve to the rlght, having a central angle of ~° 40' 10", a radius of4G5.00 foet, an arc Iongth of3S4,42 feet, a olxord banning and distance UfNottla 7'2° 58' 32" 'West,345.9p feat to an Iran pin set at a point of taniettoy; I'4orlla 51° 08' 29" Wort, 181.6G feat to aaa irau gin sat at the southeast aornc~c of Lot 289 as Shawn on.Bailantrats Seadon 2 Part 4 ofrecord itt l'1at Book 98, Pago 38; thence with tla® pcriuaeter ofsaid BaIlantxae 9votton 2 Part 4, fhe following courses: North 1 b° 1$' S2" East, 245.00 feet to an iron pin sat;. North 03° 47' 43" l~ASt, 570.00 feat to an iron pin bet; North 43° 22' 12" Weft, 120AU feet- to sa unit pin set; North 70° 10' 12" West, lUS.00 font to an imn pits set; OO1S7S232}US_10037rF517v2 214590-005074/16/20149:48 AM l~x~iil'it ~ ~~i ...._ BO'[IiVDAlt'iC ri>~SC a ~ ~ ~SA'~'1~3°SJ$~' Zr Sautes 79° 14' 40" West. 110.00 feet to iron pin set; South S6° 14' 32" West, 570,00 feet to ~n iron pin set; South 2I ° 23' 44" West, 320.00 feet to ~ imn pits set at fire southwest corner of Lot 273 as shown on of said Ballantrae Section 2 Part 4 in said northright-ofsway 13ne; thenco with said north rlghbof--way lines the following rvursess: South 85°' I4` 02" :W'est, 127.00 feet to ~ host pitt set; North 49° 45' S8" WesE, 49.50 feet to kon pin sot at the intersection of said north right- of~way line with the oast s3ffiht-airway Iino o ,8itc~snnan Road, being an east li~se of that tract conveyed to Thu City of Dublitl, Ohio of recur in lnstretment Number 2001 ] 02213242591; thence with said east right-ofway Tina, a following courses; North 04° 45' S8° West, 222.08 feet to iron pin set at a point of aurvatttre; with die Ara of a curve to the left, It 1235,00 feet, an era length of 5'74.64 feet, a West, 569A~7 feet to an imn pin set at a point c Norkls 3I° 2S' 32", West, 289,44 Beat U Condominium at the Caicos at 13allatttraa Twel'. thence North $4° ~T 52" East, with a s Ballantrae Tweliih Arnsittdment and The C Amendment of record is Condominium Plat H thence North 20° 34' I I"]asst, with an 13allaatrae Second A;pnvndment and The ~ Amendment of tx~cord in Condamixtittm Plat B thenco North 04° '18' 03" West. with ea at Ballantrae Third Amendment and Thu on Auxendmettt ofrecot+d in Condominium Plat B r3k thence South 88° 04' 19" West, with a' ~ at l3allantrae' 17iftb Amendment and The ct Ameuadsnent ofrecord in Condominium Plat B e a point of curvature; thence northwest with the line of said ~ Am.ondment, with the aco of a curve to the rl ' of 75.00 feet, an aro length of 132.13 feet, a dJ nV'e3st,115.70 Ebel to stl iron pin set at a potat o t thence North 09° Ol' 2B" Bast, with an a Ballantrae 5ixtls AmendsiZestt and The Gbnd n' Condominium Plat Bvok,104, Page 45, 104.04 s thonoo North 74° IS' 3G" Seat, with a a ~~ BAliantrae, The Condominium At tits Lakes ~ Condominium Plat $ovk lA~ly Pogo 94, asad T Autc~admt~nt of'record is Coudominluua Plat B a cater ccstnmon to said The Condotttinitun t The Condotxtituum At tlso Lakes at Sallantrae Ig Rook 136, Pogo 1; ~ thenav North 67° 58' 1Z" East, with. a s ~~ SaltantrESa }3ighth Amendment, 276.79 fcot to ~ Condonsinitun at the Lukas at Flallantrne L;igh '~ at BalIaatrao 5'eventh Amendment ofreeord in G< ving a central angle of 26° 39' 34", a radius of shord bearing and distance of North I8° OS' 4S" tattgenCY~ an iron pin sot at a southwest corner of said Tito Ei Amendment; uth line of said The Condominium at the Lakes at adominittm at the Lakes at Hallantrao Second ok 107, Page 2, 120.45 feat to an iron pir< set, ast lino of said The Condominium at the l:akoa at ndominihm at the bakes at laellsantrae Third atE 109, Page 9, 557.57 feet to an iron gin set; st Iine of said Tile Condominitun at thv Lakcs drnninluus at the Lakes at Batlantrae 1~ifilt 116, Pages I i, 212.49 feat to an iron pits set; h lino of said'Y'he Condominium at the Y,akes ominium at the Lakes at Ballantrae Sixth 117, Page 9i, 476.64 feet to an imn pin sot at Candominiutn at the Lakes at Y3allantrae Sixth having a central angle of 100° S6' 31 ". A radius ord bearing and distanoe o'f Nox'th 41° 27' 3I" at line of said The Condominium at rho Lakes at dnium at the Lakes at Ballantrae of reoord in et to an imn pin set; h line o£ said Thu Condominium at the Lakes at t BalIantrae Tenth Amendment oP record fn Candominittm at the LAlces at Sallantraes Ninth k 139, Page 19, 486.90 feet to an nron pin set at the Lakes At BA1lantrae Nitsth Amendment and hth Amendrncnt of record in Condamioittm PIat Iina of said Tlso Condominium at the Lakes at irgta pin sat at a corner common to acid Then nendmet-it and Thu Condominium at the X.ttkes dominitun Plat Book 129, Page 9; thence North 04° 18' 03° West, with east line of said The Condominium At the Lakes at 8allantrae Sovonth Atxteudmeazt, 245.00 foet to an iron pin sot; OOtS7523-2jUS_100324517~ 214590-005074/16/20149:48AM I I~i4l'~~a6 '~ page ~ oP__!_~~ o~mm~x n~s~xorr o~ ~~.ss~ ~.czz>~s thence South 85° 41 ` 57" 'West, with a at Ballatlirae Seventh Amendment, 324.3'1 feel Condominium at the Lakes at Ballantras Sevel Lakes at Eallantxae Ninth Amendment; thence North o5° 13` 16" West, with al at >3allantrae Ninth Amendment and said The Amendment, 16Q.t)Z feet to the True Ppint of ~ Subject, however, to all legal rigltfs-of-~ Bearings are based on the Ohla State I far bearings was tz'om coordinates of monume~ 44' 20" Sast between monuments, established using Global Positioniag System procedures an All refexenoes are to the records of the I This survey was prepared by I3vans, direction of Edward J. Miller, P.S. No. 8251} frc Iron pins set, where indicated, are i diaraoter, thirty (30) inches long with a plasti~1NC. ith line of said The Condominium at the Lakes an iron pin &et at a corner ccsmmon to said The Amendment and said The Condominium at the east line of said The Condominium at the Lakes ondomi~um at the Lakes at Ballantrae Twelfth Inning, containing 45,883 acres, more or less. ay and/or easements, if any, of previous record. lue Coordinate System: as per NAD83. Control s SS36 and 7752, having a bearing of South 85° the Franklin County Engineering Department, equipment, coxder's {office, Franklin County, Ohio. Lachwart, Hamblefon. & Tilton, Inc, under the t existing records and actual field surveys. pipes, thirteen sixteenths (13/16) inch inside l~g pIaced in the tqp bearing the initials EAQI3T Q, ,,..... ~~o tp~n+At~fl . ~ p ~ tJl'J_Et~ m 825040 9,yo Edward Spr .. GrSTEE'„ J~ csSlOMALSUe,.''~~~ Professi ElMSG111MtN1007 ~~r~epunnu~.~`'' dS 8B]~sT08 dao IiAMBLETQN & TILTQN, INC. 8250 00157523 2}'US_100324517v2 214590-OOS07 4/16/2014 9:48 AM Exhibit ••'?•~' e . 11 BOYJ1rt1~A.li.Y DE6 P ~ TfON Ulf` 94948 AC South of S r Rtuga !toad East of Coegray Road Situated in the 3tste of C1hio, County oI ~ra32lclin, City oi`bublia, lying In Survey Number 3453, Virginia M#litary District, being part of the raataittdea- of that 92.263 acre traot cgttveyod to Thos City of L7ttbtin, Qhia of record in lnetrumo~at Number 20001 1210236365 and part of that tract aonvayed to Tho City o£ 1]ublin, Oleo of reo~nd in instrumettt Number 2001 10220242648, and described as #bilows: I 8aginning, far t~wance, at kkat~ldin C~Otuaty Geodottc Survey 1tiTumber 221o nzarkin$ au angle point in the centmrlipe a£ Cos$ray Road(` also being the oeaterlino iaterseetiva of Cosgray Road with Woerner'1'ompleltoad; thence 1~Iortla. 84° 49' 49" Bast, with f3 aoroas tIxat 0.011 acre tract co:xveycsl to L'dwa Number 200110220242688, 420.00 feot to nix True Paint of'Beginni'tt$+. thence North OS° O1' SG" Vlrast, partly a romaiadar of that 28.625 aora treot conveyed InsMiment Ntttnber 200009290198487, the ei Trustee of rocord is Instrument Numbers 2001 of the remiaindgr of tract conveyed to Edward Number 200009250198480 and the seat line o: 109, i~'age 46, 1219.5$ feat to en iron pia set; thexvae wide tho perlmet~er of said l~ailan NosW 1$° 1T 34" East, 166,17 feetta at oontorlina of 'W'oexner-Temple Road acid partly Csttlf Communities, LLC of record in Instrument n pfn sat at a comer to said 0.611' aor® tract, f3xa yes said 0.61 i acre tract, with the east tine of the Edwards Golf Communitios, LLC of rooord is t line of ihttt tract Conveyed to Jay W. Liggett, 22z003S905 and 200101260016924, the asst line Clotf Coinmuaitios, LLC of record in lastrument 3allaatrse Section 8 Part 1 of reoord in Plat Book Section 81Part 1, the following aotuses: gin set; North 40° 11' 44" >3ast, 164.93 foot to ~ Iron pin set; North 54° 04' 01" East, 164.88 foot 4o alt Iran pin sat; North 84° 45' 03° East, 91.G0 fecst Qo iron pin set at tho sauthoast cornac of Lot 868 as shown on said 13allantrao Spation 8 Part 1 and~itt tho wort lino of Lot S39 as shown as i#alIsatraa Bootlon 9 ofroaord in Plat 13ook 106, Pago 16; ~ ' thence with. tho westerly and southerly perimeter oPsaid $allantrae Section 7, tlto following courses: ' SouQx OS° 14' ST' Lust, 107.25 feet to an iron pin sot; South 19° 36' 38" East, 380.00 toot to nit iron pin set; South 38° 3 i' 19" Bast, 140.09 feet to alt Iron pin sot; South '73° a0' 47" East, 170.00 feet to auu iron pin sat; North 7] ° 34' 13" East, 139.1 .tbat to an iron pin set; 1+Tortta 91° 28' 10" 13aat, SSP.00 fOOt to arl non pin sot; I~Torth 28° 47' 43" Bast, 110.60 fast to an iroA pin s®t; South 65° 30' 1 S" East, 16 t .25 feet to en iroxi pin set; North 84° A.5' 03" 1?ast, 280.00 feet to an iron pia set at the southeast corner of Lot 519 tts shaven on said l3aliantrae Section 7 and in tho west line afLot 430 as shown on Ballarrtrae Seotion 5 oi'record is Plat Book 103, Page 99; thQnoo witia tho southerly and easterly pcuitueter of saidi Ballautcao Section S, the following Coursoe: South 05° 14' S7" Beet, 183.00 foot to an iron pin set; South 3~° 37' 41" L•+ast, 1'70.00 feet to an iron piA set; South 551° 4~7' 16" Last, 150.00 Poet to an iron pi» set; South 83° 4fi' 13" East; 145 AO fcet to an. isna pin sat; I+Iortls. 72° 3I' 09" East, 18S.Q0I'e®t to alt ironpin set; Narth 40° 43' OS"k.' -st, 235.00 feat to an non pin set; North 70° 42' S3" l..as1;, 123.69 foot to an iron pin set; 00157523 2}U'S 1003245 [7v? 214590-0OS07 4/t612014 9:48 AM Ea~tib[t ~ ~``• Irage ai.~~.----- ourm~~t nl~,sclurr><orr o~' 9a.94s ~cl~s z. North 30° 30' 17" Hest, iS4.09 feet to an iroq pin sot; Notch OS° 14' S7" West, 180.00 i~et to an iron pin set; hTorth 22° 29'26" West. 151.82 fhet to ar:, Iron pia set; North 69° 20' 02" $ast,175.00 feet to an i:ront l}m set; North 27° 52' 12" Best, 180.00 feet to act iron pia net at the southeast corner afResexve "'1"' as shown on said Lallantrae Section 5 sad in the west right-of-way line of Biterman tread, being a west Iina oP that that conveyed to The City of Dublin, Ohio of reoord fa Iusttt~nton# Nunnber 200110220242691; thence with said west right-off way line, the ibltowigg courses: with the era gfacurve to the Iofk having s central angle of i3° 14' 08", a radius of IS3S.00 feet, an arc length of 354.58 tbet, a chord hearing and distatace of Sough ~° 48' 2g" Pmst, 353.$0 feet tp an iron pin set at a point of tangency; . South 31° 25' 32" Last, 7$8.60 fast to ~. ironpin set at a point ofaurvaturo; with the arc of a curve to the right, having a contras angle of 2G° 39' 34", a radius of 1165.00 feet, as are len$tit of 542.07 feat, a chord bearing end distance of South 18° OS' 4S" Bust. 537.19 feet to an iron pin sat at a pointt of tangettcy; South 04° 4S 58" East, 5 f OAO feet to as iron pin set at the intersection of said west right of--way lino with the north i~ght-of way of Eonaly Court as spawn on )ialluntraa Saatlon 2 Part S of record in Plat Book 98, Page 57; thenwa with said north right-of--way line, khe fallowing courses: South 40° 14' 02" W ast, 95.3 fi feet to an iron peat serf; South 85° 14' 02" West. 330.00 113et to an iron pin sot at a point ofourvature; with fire are of a curve to the leR, having a ce~rtz'al angle of 41 ° SO' S9", a radius of 175.00 feet, an are length of 127.82 feet, a chord bearing and distance of South 64° 18' 32" West, 125.00 feet to an iron pin set at a southeast comer ofLot 308 as shown on said Hallantrae Section 2 Part 5; thence with the peritxteter ofsaid Lot 308, the following co:usas: North 46° 3G' S7" Wort, 150.62 feetto anironpin net; South 39° 51' 28" West, 100.03 fbat to an iz+oti pin, Bet; Soodx 09° QI' 24" West, 57.07 feet to an iron pin set ixt the sou#Ix right-of--way line of Woemeo.Templo Road; thence 3outia 84° 3S' 46" blast, with said south right-oRway line, 378.59 feet to an iron gin sat at a southeast corner of cleat 0.645 acre tract conveyed to Bdwarde Golf Communities, LLC of reoord in Instrument Number 200110220242889; thence with the eastorlyperimeter afsuld 0.645 acre tract. the following courses: 1~Torth OS° 24' 14" West, 30.00 fact to an iron piq. set; North 84° 35' 46"Bast; 5.77 feet to nn iz~oa pin set; North 05° 24' I4" bleat, 30.Op feet to an izon pin cot at a northeast comer thereof and the sautheast earner of the remaixtder of that 58.728 acre tract conveyed to Edwards Golf Communities, LLC of rQCOrd in Insiavment Number 200009290198684; thence whin the perimeter of said 38.728 acre treat. the following causes: North 03° 45' 37" West, 241.29 foes to aft iron pin set; North 58° 30' S2" West, 89.27 feet to an iron pin set; Swath 64° 35' 46° West, 150A0 feet to an iron pia fo~md at a northwest comer thereof, the northeast corner of that 1.118 awe tract conveyed to Edwards t3olf Cotilaiitstaities, LLC of reoord in Instcttment Number 200009290198685, end u southeast comer of thst treat conveyed to Wanda F. 5utntrtara Ofrocord in pfScial Record 33939J06; thence North t;'4° 11 ` 18" West, with an oast line of said Swxunrare tract, 9~'. i0 feet to w iron pin net; UD157523-2}US 1UD324517v2 214590-UU5U74/16/20149:48AM Exhibit L..~_.._, BbUN]TAR"Y D '' 'SON {aF 94.948 ~l.C1iF.8 3- theaseq South 8S° 01' S8" West, with a north line of said $tuu:u~s tract and the northerlytennincusofVintageY.ume, 49G.54 feet to tin isonipin sett thotice South 03° 45' 37" Basi~ with tb~ west right-af-way liuq of Vintage T,anp ancJ ~e westerly iermiitus of G3lendavan Place as sho an 13allaastrae Section G part 1 of record to Plat Book 108, Page 9Z, 435.52 fvpt to as iron p ,set in the south right-of-way line o£ Woernc~r- i'empla Road; I r tlxence with said sautlarigflt-of way line, a ~'oilawing courses: wlth the era of a c~lrvo to tho right, Nadi , a central anglo of 6'7° 2S' S5°, a radius of302.$4 fiat, axt arc length of 356A~2 feet, a chord bearing and distance of North S9° 06' 36" West, 336.2Q feet to an iron pin. sat at a point of tangency; thence North 25° 23' 47" West, 104.3 7 f ' with the era of a clove to Ilse leis, havhs feet, en arc length of 395.00, a chord basting as ate fron pin set itl sn east line of Lot 235 an sho Book 98, I~ag~ S2; , thence with the parlmetrx of said $alltt North 30° 43' 4+1~" Eaet, 50Q.3ty fact to i North OS °43' 01"'W'ont, 280.04 feet to North 113° 29' 02" West, 190,00 feet to North 74° Si' 00" West, 180.00 Poet to SORth ti9° 52' A4" Wegt, 180.00 feet to South 92° 34' Si" West, 380.00 feet to South 05° 29' 31" Nast, 529.04 feet to a~ said Ballesstrae 3eation 21'art 3 and ixa the south thence South 84° 49' 49° West, with sai~ set at a southeast corner of said 0.6],1 acrd tract; thence Nvr{h OS° 10' I I" West, with an iroa pin set; thence South 84° 49' 49" West, with a n~ 2hte Aotiu' ofBEginnfng, oontaiuing 94.948 sore Subject, however, to alt legal rights-of w Bearings are based out the Qhio State i'le bearings was from coordiRatos of inon~urm~s 3 20" Bast between monuments, established by th Global Positioning Systean procodurgs and equip All reforenoas are to Ilse reaarda of the This survey was prepared by Bvans, direction ofEdward J Millar, P.S. No. 8250 firo~ iron pima set; where indicated, arv ~~ diameter, thirty (30) lushes long with a plastic Ih7C;. ti et to ass iroa pin set at a point of curvatures a aontral angle of 46° 00' 28", a radius of 24.84 distance of Iti7orth, 48° 1l' 11" West, 189.80 feat to on Hallaatraq Section 2 Part 3 of record in Plat Section 2 Part 3, rise following coursos: son pin set; iron pin. set; from pnq set; ron pin Bet;. ranpin set; pin sod iron pin set in a west line of Lot 238 an shown on iglstaP way lino of Woernen.Tompie Rqad; south right of-way line, 857.76 feat to art iron pin oast lice of said 0.611 acre tract, 30.00 feet to an h line of said 0.611 sore tract, 10?.42 feet to tho f land, rnoro or teas, and/or easgnnents, if any, of previous record. Coordinate Systexrs as per NAD83, Control for 6 and '7152, having a bearing of South $5° 4a' ranlrlin eonaty Engineoring i?epartmemt, using C3fFce, ~rattklin County, Okio, aahwart, Hambleton Bc Tilton, Tue. under the xisting records and actual f e1d survoys. pipes, tlurteen siycteenthe (13/16] inch inside sg placed in the top heating the ilaitItils LzMEC~T A,R'T, HA.MSLE'1'pN !~i'X`1I.7'4N, II+TC. 1~5t3 q;'o s. ,~~ AlA1-8~ ;~r'`~ 13dward J. 8250 a~ 00157523-2}US_1003?~517v2 214590-00507 4/16/2014 9:48 AM 1;~hiFx[t ~ ~'~ EOUrIDA]~Y DES+CRiPT~bN ClT+ O.tJ3,7 AC'I21J South of Sltl~r Rugs Road East of Cpagrtiy Ittoacl 3ituat®d in tlxe State of Ohio, Cnut-1 Nuraher 6953, Virgitlia Military District, beiy aonveyasd to 'The city of Dublin, Qhio of recc described as follows: 8eg~ttning,,fbr reference, at the eercterl Drlve, as shown orf r3aliantraa Se.•ctlon 2 Fart 2 thetlce South 1S° S7' 05" West, with ~e thence caxitirnxing with said ce7xterlinc central angle of 13° S4' 40", a radius o€ 350.01 and distance of South 22° 54' 25" West, 84.? curvature; thence South 60° U8' 16" East, 25,00 fa Marnuon Drive at the southwest ~xtter of Lot and ~e northwest corner of that 22.838 sore ~ Book 3798, Fags 456, the 7'rua F'otnt• of Begtru, thence South 06° ~4' 07" East. with the an iron pin set at & northeast cornea of ©1+'00 Condomiatuxn Flat Soolc X59, Fagg 75; thcmco Naxth 71° 33' 52" blast, with', Cosidotui~niuxn, 34.87 feat to an ix+atx pim net at ~ line; thence with said egst right of way ling, angle of 10° 52' OS", a radius of 250.00 feot, distance pf North 35° 17'` 47" bast, 47.35 feet acre, mor® or less. Subject, however, to all legal Baatitlgs are based om the Ohio State for bvaringa was from coordfinates of monw>ae 44' 20" Bast botwcen motiumonts, established using Global Positioning System, procedures aY A11 reforeancee era ~o the records ofthe This survey was prepared. by Evans. dirsctiori afEdward d'. Miller, P.S. No. 8250 fr~ Iron pins set, evhere Indicated, arv ire diametor, thirty (30) inches Iong with a pl~~~[c INC. \~ f I7r~nlslin, City of Dublin, iyiag in Survey part of the remxaimdesr a3'rhat 21.7'10 acre trttet in TnsU~umenr Number 200011210236365, and ie intersection o£ Ballautrae Place with Marmion Frecor8 itt Plat Book 98, Papa 50; torlime of Marmian Drive, 130A2 f4et; With the arc of a Gurv$ to the tlg,ht, having a feat, an arc lerRgth o;F 84.98 a chord bearing 1 feet to an imn pin set at a point of compound to an ixou pin get in the east tight-af way tine of 06 as shown on said $allantrae Sectiom 2 Part z got caaveyed fo Nod E. Lare of reaord in Deed west lilte of said 22.838 acre tract, 50.00 feet tp Glands at Ballanirae Camdominium of record in north Iine of said Woodlands at 13alianrrae liwest corner thereof iu said east right-of w$y titix the am of a curve to the left, having a central am length of 47.42 feet a chord bearing andthaTritePointof8egtnntng, containln,g 0.01'7 i y and/or easements, if a»y, ofgrovious record. sae Caordinato Systelm as par NAD83. Control SS36 and 7752, having a 6esariug of South SS° the F3racdtlin County Bngineexing Departmesit, equipmonY. s Of#`ice,l7rariklin County, Ohio. ahwart, kl'ambieton & TiItan, 7no. ender the existing records and actual Reid surveys. pipos, thirteen sixteenths (13/16) inch ir-sido ig pieced in the tap bearing the initials EMI~Z' A '-.. r n fS~ , ~ ~ v Fxofessio~ry V .~rA(. sUR ,. t'JM:6q/ItM~007 ' ti~t~ue.~~~i~~~" . 0_017 nc 7083 ./°o AKT> kIAMBLLTON ~c TILTON, INC. c~~ti~~~ 8250 00157523 2}US 100324517v2 214590-00507 4/16/2014 9;48 AM r Pagfe~_. afy ~~ j ~ 5 7.~4CRTS Situated in the State of Qhio, Cou~y of F lita, C`i~+ of t~ub8n, Virgiiafa Miiitery Surveil NumEbar 693x, behxg part of that treat of IAnd aa~aveyad to a pity of ~ubtin, Ohio by decd af'rcaord in ~stcuanent Namber Z00411211)2363d5, (ail i+albnau~ces being icacards of tltm Reearder'a Offsca, Irranirliu Cotmtp, Ohio)Attd mace patticuiarty bavndad end desoribod ea foil . 8®Etneing, far rofUreuca, stPr,suklin Coum s'cttecsaatits~a ofv 4`.cgsgray Rasd msd Waexner ~etnpla Survey Moaut»ent Nuiabar 2210 at the centealine tbeaca North 84° ~€9t 49"Last, with the feet bo a pvla~ - enae SOUth US° 10' 11" ~95E, leaving R ngsfiherly- right way line o$ WoemerLTetxtple F th+vnae Nasth 84° 49' 49" Bast, •Witit sQid plnser; theme with tho boundary of ihat tract in IturtntmpgtNum6er2000Q979A198679, the South OS° Z9' 3 L" Sustr n diataaoe of 1 South 84° 30' 29° Wei a, distanao of South OS° 29' 31" Last, a distance of J South 84° 30.29"'IWest, a distauae of North 19° 10` ZS" 11Vest, a diatauoe of Noah 32° 34' 1S" ~[i'est, a distanae of North 53° 3$' 3S" West, a distattaa of 13S Carling of said Wgeraen~Tample 1:iaad, a distenser at? 527A3 I c~e>iterlttte, a diet~-ca of 30.04 fast to au iron pfA set in ttxe at the xtue p'olnt of Be~[miing for this description; right af~way Ii~e, a distenae of 857.76 that to en, itan W 8dwards t3alf Communitlos, I,~.C by deed of rricgrd oqurses and distenaes; oet to as iron pin set; ffet to an irtm pim sot; fostto en Iroapip sat; feet to a:4 lrott pits sat; to att hnn pln set; tYo ~ iron pla cot; , , t to sa iron pia sat; artd Norte 67° 07' 46"'W'c8t; a distaaaa of IS.3~{ eat to th®1~rue Paint of Bsginping, aonisining 5.347 ewrps a;FIand, aeon or Iess. Subject, however, hs•all legal rlglzts ofvvas+s ~ i Bestriags Snr this dgsariptfatr are bawd as t Centro! fbr beariags w~es #:oia ooardinates of Man ; Lest, hetwevu said rnanuac-ent9 established by tho I 3'V1~N8, MattIzaw A gistered MAIC'L~mAmayGf ifatry, ofpeovions iraaor+d. Ohio State Plsae Caorctibato SyeCcm as per N.4D83. i 5536 and 7752, 7raving a baert~t~ of SvuW 8S° A4'' 20" o County ]3rtglge9rl~g Jaapartme~ v~r.~, xal-~r~l'orr ~ rnx a., q~ 30 ~y~! y~ca'~ o~o'~o AdApI~ A' yar~Ta.786S 00157523 2}US 100324517? 214590.00507 4/16/2014 9:48 AM Ex6ibtt - u- a~r ~e>~s a tho state of Alain, Coutriy Number 3453, baIng part of that tract of land ac Iaetrnms>rt NumbQr 2000I121423~3G5, {ail rsf Fratticlin County, (7bia) ~ more partlcularlp ba 3Besittafag, £vr ra£erence, at i~rankliu C~ aEate~riiae og Woeruez~Tempte Read; them ~Tastlt 84° 3S' 4d" l3~ with said 3outft OS° 24' 14" BaStr leaving said CQ1 eotttkarly rightof--way Iipe og Weernat+~3'etnpie F t3tenoti North 84°'3S' ~4G" ~~ watt said an iron pin set; titenco wit# rho baaadary of that ttaaC racord ~ lnsahuuantNunaF6ar2400092Q0158679 Sotth 09° Ol' 24" Wask a distanta of 97 Bsnnkiin, City of bteblln, Sllrgtaia 14~1i#ary Sut vsy yea to the City o£13nbiltx, Qltlo by deed a£reoord In ces being tv 8te retards af; lira I~®carder'$ t~lae, od and destrit~ed as fallaws: t~eodatta 5tlr~td3r hionttmem Nunnber bG29, In rho adistance of 702.73 faeibo a paler;. e, a dlstattce a1' 34.40 fast to &n hrau pin eot la tha ad atthe Tma Paint afBpgi"tn~ng #'or #ltis dvscrlption; outheriy cigi-t-cyt"way Tine; a dfet$nce of 378.54 fbat to i to .l3riwatda 4alf Cotumunitlsa, LTaC by died of swing aotusea and distattcea: gear to an iron Pitt set; South 00° S8' 32" $ast, a dfstanc8 af': f South 4Z° S5' 30'. Went, a dietattoe of 9outb 23° Zb' 34" Bast, a dismpca of ! autlt 5tt° 37' 34~ Easl; a distattoe of 1 North 89° 01' 2a'~ Hastm a distance of 1 r7nrt~t 63° d0' 42'! Seat, a distance of I~ Knuth 17°25' 2S'+Eaet, a distance oft: Soath 48°42' id" Tlasrs a d~lstaaoa af4: Sautlt 73° I9' 05" $ast; a distance of; North GS ° 1S' Z4~' B~ a distance of,' St7uth 43° I9' 41a'West, a distance of Ief~ feet fao as imn ptcs sot; feat to an iron pits soh f~eetta an lnoa pi[t sat; 4 i`aet to alt ices pIn s~ 0 Beet to art iron pin set; ' W'Feat to as iron pin set! foet to un iron pin saf; i met to art lmn pin set; feint to an iron pin amt; fast to en ices pip set; 3139 ibat to au loon pin net at a point of aurvatut~e tc tbo tvlti~t tho arc of said eurva (i~lta ~ QO° 33' 4S'; Radttis ~ 1935.44 feat) a shard beartag sad distanod of'south 03° 02' 48" West; i9.OQ gene to iron pits set; I I t 4 00157523 2}US_1003Z4517v2 2Ig590-00507 4/1612014 9:48 AM Li y(y~~j~ {'f~, r y page of~ x3. ~9 ACRES south S4° a9~ 24" Wesq a a$eteace of Noah E)9° 32' 2$s' Wash, s dtstenca of rzortl: aia ~s' ~~" w~ ~- d-~ o:F NTvrtit 02° .3A.' 4•T' Sss~ a distaaco of: aazssa of land, tnoi+a or Ies's. Sttbjecst. Itovveveri, to all legal t~$hts pf Hearings far this ~deacrlption ono based Contra? for bearings was frntn 4orxidinstes O£ i 44' 20" west; between said monumeufa esiablis trwc:tmn~yoi roam ~ iraa p1a gdt: 5Q feet io as iron pin asst; r 00 feet bo en. Tian pia set; end p feet W t&e'I'esse Pa1nt ofHagfnnin~ aoafainiag 13.OG7 a aadlor eesanaanta, i:f any, ofpravions record. 4a Ohia Staba Plana Cowu+dinata Systeat as pcrNAla83. uainrats 5556 and y7'S2, havia~ a< bearing of 5tsnth 8S° by thes•1~rasiklisi CauntyEngineering I~epsxtmeut, vlS~fiWAR.T,1~A14Y$T,.$'IYaN +8E TIOLT~N, ]NC. TGiric Sarveyor No. 7865 i a 7686 001575232}US_l00324517v2 214590-005074/16/20149:48 AM RECORD OF RESOLUTIONS- Daylmi lagN Blank Inc.. Fmn No, 3W15 .. 21-14. . Resolurrrin No. Passed . 20 A RESOLUTION AUTHORIZING THE C1T1( MANAGER TO EXECUTE AN AMENDED GROUND LEASE WITH NEW ERA GOLF CLUB OHIO GCD INC. RELATED. TO THE GOLF CLUB OF DUBLIN AND EXTENDING THE TERMS OF THE CURRENT LEASE AGREEMENT. j f ~ WHEREAS; the City, as Lessor, and Tartan Golf Company,:LLC, entered into a certain1V' Ground Lease and Operating Agreement dated .December 7,' 2000, which Ground Lease and Operating Agreement was amended, by Amendment No. 1 to Ground Lease and Operating Agreement dated October 22; 2001, and which Ground Lease was further amended by Amendment No. 2 to Ground Lease and Operating Agreement with Assignment of Lease) dated July 19, 2007; and WHEREAS, pursuant, to the. Lease, there has been developed and: is currently operating a. public golf course fadlityon the Property-known_as:The Golf Club of: Dublin; and: WHEREAS, the current Lessee under the Lease is General Electric. Credit Equities, Inc., a Delaware corporation ("GE Credit Equlties'~ by virtue .of an Assignment and Assumption; of Ground Lease Agreement by and between Reg Martin of Martin Management Services, Inc., in his capacity. as Court-Appointed Receiver for The Golf Club of Dublin, LLC, as Assignor, and GE Credit Equities, as Assignee, dated March 27, 2013; and WHEREAS; GE Credit Equities will assign all of its right, title and interest in and to the Lease to New Era GCD pursuant to an Assignment and Assumption of Ground Lease Agreement; and WHEREAS; the Lease Assignment requires consent of the City, of Dublin; and WHEREAS,~the City and: New Era GCD desire to amend certain terms and:provisions of the Lease; and WHEREAS, this resolution and accompanying agreement shall tie contingent upon the buyer securing-the necessary financing for the project. NOW, T EREFORE,-BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, ~. of t1~e elected members concurring that: Section 1. The City Manager is hereby authorized: to.execute the Lease Amendment attached as Exhibit "A". Section 2. :The term of the Lease: is extended for an additional: twelve (12) years, terminating on December 31, 2064 erid continues to allow for two additional five (5) year extensions. Section 3. This Resolution is .effective upon passage .in accordance with Section 4.04(a) of the Revised Charter. Passed this ~~=day of ./~~~!'[~- , 2014. or-Presiding Officer . ATTEST: L 1.tiN%w~t.:' ~.Q~t Clerk of Council . Office of the City Manager 5200 Emerald Parkway • Dublin, Ofd 43017-1090 = . Ci Of .DUb1111 Phone: 614410-4400: ~ f=ax, 614=410-4490 Memo To: Members of Dublin Gi Council From::, Marsha I. Grigsby, City Manager Date: March 20, 2014 Initiated ey: Stephen J. Smith, Law Director Michelle L. Crandall, Assistant City Manager Re: Resolution 21-14 -Golf Club of Dublin Amended -Lease Summa. ..ry: Earlier this month, Gityataff met with several. partners of. New Era Golf Ohio to discuss their possible ownership .(excluding the land :which, is owned by the City of Dublin) and. operation of the Golf Club of Dublin. New Era is currently in contract:negotiations with General Electric Credit - Equities, Inc. (GE) for sale of their interest in the Golf Club of Dublin: Final negotiations are likely to conclude soon, with an anticipated close in mid-April. . New Era has requested that the: City consider renewal of the existing Ground Lease and Operating Agreement with: a new 50-year. term and the option. for two five-year extensions. The original I:ease,.signed in December of 2000, was set with a 42-year term and two automatic fve-year extensions.. In July of 2007, an amendment to the, original. agreement extended the lease through 2052, with the two five-year options remaining in place.. No other changes. in the terms of the agreement were requested by New Era. [A copy of the original. Ground Lease and Operating Agreement and the 2001 and 2007 amended agreements are attached for reference.] Currently, New Era owns and operates four central Ohio courses - NewAlbany Links Golf Course, Bent Tree Golf Club, Royal American Links and Shamrock Golf Club. Additionally,. the company manages Glenross Golf Club, with an :option to buy this courses= [Attached is a more detailed overview of New Era, its key partners, grid the company's business. plan for the Golf Club of Dublin.]As noted in this document, New Era has.identified several necessary initial investments, including repair of the: stacked sod bunkers, leasing of a new .fleet of golf carts and. painting of the clubhouse building (as needed). They also would anticipate adding a Junior Golf Program and weekly golf: clinics. New Era has a strong history of taking over struggling courses and making the needed investments to provide quality play and efficient operations. Bent Tree and Royal American are examples of such successes. These are also two of the three courses referenced in the original Golf Club of Dublin lease and :operating agreement as examples of the expected level of construction-for the course. Should the .city agree to enter into a lease agreement with New Era, the City would release . : General Electric Credit Equities from their existing- lease agreement. The original principal amount of financing by GE was .$8,500,000, with: a Significant portion of this still remaining. as outstanding debt. Under a revised lease with New Era, the amount of debt would be reduced to $1,900,000. Recommendation Staff recommends passage of Resolution 22-14. Should you have specific questions regarding this memorandum prior to Monday, please contact Stephen Smith at 614-296=1188 (cell). March 3, 2014 NEW ERA GOLF ACQUISITION OF GOLF CLUB OF DUBLIN New Era Golf Ohio GCD Inc., an Ohio corporation ("New Era GCD") is in fmal contract negotiations to acquire Golf Club of Dublin from its current owner General Electric Credit Equities, Inc. Closing of the transaction is anticipated to occur by mid-April, 2014, subject to receipt of all necessary approvals from the City of Dublin, Ohio ("Dublin") and fmal financing which is in process. New Era GCD is a member of a family of Central Ohio companies all operating under the New Era name. Each company in the family was organized solely to own and/or operate a public golf course in Central Ohio. To date, New Era entities own and manage four Central Ohio golf courses (Shamrock Golf Club in Powell, New Albany Links Golf Course in New Albany, Royal American Golf Club in Galena and Bent Tree Golf Club in Sunbury), and manage with an option to purchase a fifth Central Ohio golf course (Glenross Golf Club in Delaware). This portfolio makes New Era the largest operator of public golf courses in Central Ohio behind the City of Columbus. New Era and its principals have been active in the ownership and management of Central Ohio public golf courses for over 20 years. New Era acquired Shamrock Golf Club in 1992 and certain principals of New Era developed New Albany Links Golf Course in 2001 and have owned it since. While all New Era entities do not have the same ownership, there is commonality of ownership among all New Era entities. Ray Finnearty (discussed further below) is a significant owner in each New Era entity and Vince Romanelli (discussed further below) is a significant owner in all but one New Era entity. New Era GCD has a total of six equity owners, including Messrs. Finnearty and Romanelli, who will be most actively involved in the acquisition and management of Golf Club of Dublin. The other investors are not actively involved in day to day management or operat>ons. Ray Finnearty has been active in Central Ohio golf course management for over 24 years. Mr. Finneary is a member of the PGA and has been since 1994. He is a former Central Ohio Chapter and Southern Ohio Section PGA Merchandiser of the year. He is also a former Southern Ohio Section PGA Golf Professional of the year. He will be responsible for the day to day operations and management of Golf Club of Dublin. He has a depth of experience in cost 1 00154602-2} effective management of public golf courses while maintaining high levels of play and first class facilities and operations. Vince Romanelli is best known in Central Ohio as one of the founders of the custom home builder Romanelli and Hughes Building Company. He has also undertaken a number of real estate developments around Central Ohio over the years; including the golf course community known as New Albany Links. In developing the New Albany Links community, Mr. Romanelli was actively involved in the design, development, construction and management of New Albany Links Golf Course. He remains actively involved in the management and operation of New Albany Links Golf Course to date through New Era. New Era companies have a proven track record of taking over troubled and over leveraged golf courses in Central Ohio such as Bent Tree and Royal American, installing new systems and management, improving facilities and quality of play, and increasing rounds played per year. They strongly believe they can accomplish. the' same successes at Golf Club of Dublin. As an Initial Business Plan for Golf Club of Dublin, upon its acquisition, New Era GCD will undertake the following during the 2014 golf season: 1. Obtain a 25 year fully amortizing loan to acquire Golf Club of Dublin in the approximate principal amount of $1,900,000. 2. Provide all required equity to purchase Golf Club of Dublin from its current owner. 3. Provide all working capital necessary to own, operate and manage Golf Club of Dublin. 4. Immediately hire a staff of approximately 70 people, including certain key employees from the current management company. 5. Install and implement accounting, computer and point of sale systems that will be a part of the overall New Era system. 6. Anticipate 37,500 rounds of golf during the 2014 golf season, subject to weather conditions. 7. Anticipate booking 60-80 outings during the 2014 golf season, including 25 that are already reserved. 8. Honor all outing and activity reservations already on the books for which deposits have been made. 9. Rebuild the remaining sod faced bunkers on the Course as recommended by the current superintendent Rob Fisher. 10. Repaint the Clubhouse as necessary. 11. Lease a new fleet of electric golf carts. 12. Develop a Junior Golf Program (including player development with a PGA teaching professional on staff). 13. Conduct weekly golf clinics. 2 00154602-2} In conclusion, New Era representatives would welcome the opportunity to escort Dublin Council Members and Administrative Staff on a tour of New Era owned and managed golf courses in Central Ohio. 00154602-2} Exhibit A AMENDMENT N0.3 TO GROUND LEASE AND OPERATING AGREEMENT This Amendment No. 3 to Ground Lease and Operating Agreement (hereinafter, Amendment No. 3") is entered into and effective as of April _, 2014 (the "Effective Date") by and between the City of Dublin, Ohio (the "City"), a municipal corporation and political subdivision organized and existing under its Charter and the laws of the State of Ohio, having an address of 5200 Emerald Parkway, Dublin, Ohio 43017, and New Era Golf GCD Inc., an Ohio corporation, having an address of c/o Glen Ross Golf Club, 231 Clubhouse Dr., Delaware, Ohio 43015 ("New Era GCD"). WHEREAS, the City, as Lessor, and Tartan Golf Company, LLC, an Ohio limited liability company ("Tartan"), entered into a certain Ground Lease and Operating Agreement dated December 7, 2000, a memorandum of which was recorded on January 19, 2001 at 11:55 a.m. as Instrument No. 200101190012497 of the Official Records of Franklin County, Ohio, which Ground Lease and Operating Agreement was amended by that Amendment No. 1 to Ground Lease and Operating Agreement dated October 22, 2001 and recorded on October 22, 2001 at 2:19 p.m. as Instrument No. 200110220242694 of the Official Records of Franklin County, Ohio, and which Ground Lease has been. further amended by that Amendment No. 2 to Ground Lease and Operating Agreement (With Assignment of Lease) dated July 19, 2007 and recorded on July 19, 2007 at 3:02 p.m. as Instrument No. 200707190126587 of the Official Records of Franklin County, Ohio (collectively, the "Lease") for the Property as described in the Lease; and WHEREAS, pursuant to the Lease, there has been developed and is currently operating a public golf course facility on the. Property known as The Golf Club of Dublin; and WHEREAS, the current Lessee under the Lease is General Electric Credit Equities, Inc., a Delaware corporation ("GE Credit Equities") by virtue of an Assignment and Assumption of Ground Lease Agreement by and between Reg Martin of Martin Management Services, Inc., in his capacity as Court-Appointed Receiver for The Golf Club of Dublin, LLC, as Assignor, and GE Credit Equities; as Assignee, dated March 27, 2013 and recorded Apri14, 2013 at 12:53 p.m. as Instrument No. 201304040055613 of the Official Records of Franklin County, Ohio; and WHEREAS, on the date hereof, GE Credit Equities has assigned all of its right, title and interest in and to the Lease to New Era GCD pursuant to an Assignment and Assumption of Ground Lease Agreement dated April , 2014 and recorded on April , 2014 at as Instrument No. of the Official Records of Franklin County, Ohio the "Lease Assignment"); and 00155616-1} WHEREAS, the Lease Assignment requires the consent of the City and contemporaneous with the execution, delivery and recording of the Lease Assignment, the City and New Era GCD desire to amend certain terms and provisions of the Lease. NOW, THEREFORE, in consideration of the agreements and obligations set forth herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and New Era GCD hereby agree as follows: Section 1. Definitions. All capitalized terms used, but not defined in this Amendment No. 3, shall have the respective meanings ascribed to them in the Lease. Section 2. Consent to Assignment of Lease. The City hereby consents to the assignment of the Lease to New Era GCD pursuant to the Lease Assignment. Section 3. Consent to Mortga>;e Financing. The City hereby consents to a financing transaction being undertaken by New Era GCD in connection with its acquisition of the Lease and The Golf Club of Dublin assets. Such financing will be in an amount not to exceed 1,900,000 with West Town Savings Bank. Such financing will include encumbering the leasehold estate owned by New Era GCD pursuant to the Lease with a mortgage, assignment of rents and security agreement and a collateral assignment of the Lease. Section 4. Extension of Lease. The term of the Lease is extended for an additional twelve years and shall terminate on December 31, 2064. Under Section 2.3.(a) of the Lease, "December 31, 2052" is hereby amended to read "December 31, 2064". Section 5. Amendment to Lease Term Extensions. Section 2.3.(b) of the Lease is amended to read in its entirety as follows: b) This Lease shall be extended beyond the initial lease period in increments of five 5) years for two additional five (5) year terms automatically; provided, however, that if either. party gives notice to the other at least 120 days in advance of the then current lease expiration date, that said party desires that the Lease not be so extended, then the Lease will not be extended and shall be terminated in accordance herewith; provided further, however, that the City shall not be permitted to cancel any lease extension rights hereunder unless the Lessee is in material default of any of the provisions of this Lease, the notice from the City as above provided contains a detailed list of such material defaults, and the Lessee does not substantially cure such detailed list of material defaults to the reasonable satisfaction of the City prior to the expiration of the then current term of the Lease" Section 6. Financial Statements. Section 4.3.(i) of the Lease is amended to delete the requirements that Lessee employ generally accepted accounting principles in the preparation of its financial statements, prepare an audited balance sheet and income (or loss) statement and 2 00155616-1} obtain audited fmancial statements. In lieu thereof, the Parties agree that Lessee shall employ tax basis accounting principles and shall prepare and maintain only Lessee prepared balance sheets and income (or loss) statements and fmancial statements. If the Lessor desires such materials to be audited, the Lessor may do so at the Lessor's sole cost and expense; provided that the Lessor acknowledges that all books, records and financial statements are confidential and proprietary business records of the Lessee and shall not be made public by the Lessor. Section 7. Business Plan, Budgets and USGA Certification. Due to the fact that New Era GCD will be taking over ownership and operation of The Golf Club of Dublin in April, 2014, the City hereby waives for calendar year 2014 only, the requirements of Section 4.3.(g) of the Lease that the Lessee provide business plans, budgets and a United States Golf Association review and report. Section 8. New Era GCD Acknowledgment as to Condition of Golf Club of Dublin. New Era GCD acknowledges that it is acquiring all right, title and interest in and to the Lease and The Golf Club of Dublin in their "AS IS, WHERE IS CONDITION" with all faults and New Era GCD will not look to the City with respect to issues arising from the current condition, physical or financial, of The Golf Club of Dublin. Section 9. Modification of Property Leased. The City and New Era Golf agree to work in good faith for the old homestead house and immediately surrounding property, including the barns and wash bay, to be the subject of discussion as to whether those properties shall be released from the Lease and to no longer be a part of the Property. Section 10. Multiple Counterparts. This Amendment No. 3 may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Section 11. Captions. The captions or headings in this Amendment No. 3 are for convenience only and in no way define, limit or describe the scope or intent of any provisions of sections hereof. Section 12. Severability. If any provision of this Amendment No. 3, or any covenant, obligation or agreement contained herein is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein. Such invalidity or unenforceability shall not affect any valid and enforceable application thereof, and each such provision, covenant, obligation or agreement, shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. Section 13. Modifications/Conflicts. Nothing herein shall be deemed to modify the terms and conditions of the Lease unless expressly set forth herein, and except as modified herein, all 3 00155616-1} terms, covenants and conditions of the Lease shall remain in full force and effect. In the event of a conflict between the terms and conditions of this Amendment No. 3 and the terms and conditions of the Lease, the terms and conditions of this Amendment No. 3 shall prevail. IN WITNESS WHEREOF, the City hereto has executed this Amendment No. 3 as of the date first above written. Approved as to form: Stephen J. Smith, Director of Law City of Dublin, Ohio STATE OF OHIO COUNTY OF FRANKLIN Marsha I. Grigsby, City Manager By:_ Name: Title: The foregoing instrument was acknowledged before me this day of , 2014, by Marsha I. Grigsby, City Manager of Dublin, Ohio, a municipal corporation and political subdivision organized and existing under its charter and laws of the State of Ohio, acting on behalf of the City, that the same is her own and the City of Dublin's voluntary act and deed and that she is duly authorized to enter into this Amendment No. 3 for and on behalf of the City of Dublin. Notary Public Printed Name: My Commission Expires: City of Dublin, Ohio By: 4 00155616-1} IN WITNESS WHEREOF, New Era Golf GCD Inc. hereto has executed this Amendment No. 3 as of the date first above written. STATE OF OHIO ) COUNTY OF FRANKLIN ) ss New ,Era Golf GCI) Inc. By: Ray Finnearty, Secretary The foregoing instrument was acknowledged before me this day of 2014, by Ray Finnearty, the Secretary of New Era Golf GCD Inc., an Ohio corporation, on behalf of the corporation. Notary Public Printed Name: My Commission Expires: This instrument was prepared by: David W. Fisher, Esq. Kephart Fisher LLC 207 N. Fourth Street Columbus, Ohio 43215 614) 469-1882 5 00155616-1} VIII I ~IIII I IIII I II II II IIII II I III III IIN I III 20 1 ~707 90 26.587. Pgs:::5:: $56.DO T20©7004B52D.J7lf9l2U07 3:02PM BXSTEWgRT TIT_Robert G. MpntgomeryAlmENDMENTN0.2 TO Franklin County Reoo~der GROUND LEASE. AND OPERATING AGREEMENT .. ' WITHASSIGNMENT:OF LEASE) This Amendment No. 2 to Ground: Lease and Operating Agreement (With Assignment,of Lease) (hereinafter,."Amendment No..2").is entered Into and.effective as of July.. , 2007 (the . . Effective Date") by and; among the City of Dublin:Ohio (the "Cray"), a municipa: corporation 1,and political subdivision organized and, existing under its. ;Charter and -the .laws of the State. of Ohio, having an address at 5200 Emerald Parkway, Dublin; Ohio 43017, Tartan Golf Company; i LLC, (. Tartan ), an Ohio :limited liability company, having an address at 8070 Tartan; Fields Drive; Dublin, Ohio 430:17, .and The Golf .Club of Dublin, LLC, ("GCD"), an Ohio llmlted affability company having an address at8070 Tartan Fields Drive, Dublin, Ohio: 43017. WHEREAS, the :City; as Lessor, and Tartan, as Lessee., entered into a certain Ground I Lease and Operating Agreement dated December 7; 2000; a memorandum of which is recorded. on :January 19, 2001 at 11:55 a.m as Instrument No. 2001011.90012497 of the Official Records: of Franklin County, Ohio, -which Ground Lease .and :Operating Agreement was amended by that Amendment.:No. 1 to Ground, Lease and Qperatirig Agreement, dated- October 22, 2001„and recorded on October 22, 2001 at 2:19: p:m as Instrument :No.: 200 1 1 0220242694:ofthc Official Records of Franklin County, Ohio (collectively, the "Lease") for the_ Property as.described in the ......: Lease; and H.~ o WHEREAS, pursuant to the :Lease, Tartan has developed and is: currently operating a 3 .V ;. . o public :golf course facility on the Property known as :The Golf Club :of Dublin; and : WHEREAS;:Tartan wishes to assign its rights and obligations under: the Lease to GCD,: and GCD.wislies `to accept such assignment and to assume all_ of Tartan's obligations thereunder; and WHEREAS; the City intends: to grant its consent to the asslgnment and to agree to an: extension of the original term of: the Lease for an additional ten (10) years. NOW THEREFORE, in consideration of the agreements and obligations set forth herein: and for good and valuable ..consideration,. the. receipt and sufficiency of which are .hereby acknowledged, the City, Tartan and GCD hereby agree as follows: Section 1: ;Definitions. All capitalized terms :used; but not defined in this Amendment No. 2, shall have the respective meanings ascribedao:them in the Lease Section 2:I Assignment and Assumption of Lease. Effective as of:the Effective Date,: Tartan hereby assigns :to GCD and`GCD..hereby assumes all of Tartan's rights and obligations. . under the Lease. GCD ~ hereby accepts the .assignment and assumes and agrees to observe and perform all of the duties, obligations, terms, provisions. and. covenants; and to.pay and discharge alI of the. liabilities of Tartan to be observed, performed; paid or discharged from and after the: Effective Date. pursuant to Section 7:2 of the Lease,:the City hereby consents to 'the assignment. Section. 3..!Extension of Lease. „The term of the:Lease is extended for an additional ten years and shall terminate on December: 31, 2052.: Under Section 2.3..(a) of the Lease, December 31, 2042" is hereby amended to read: "December 31,_ 2052". Page I of 3 Section 4. Mult~le Caunteroarts. .This-Amendment No 2 may be executed =in=any number of counterparts, each of which: shall be regarded as an original and all of which shall constitute but one:and the same instrument: Section 5. Captions., .The captions : or .headings in this. Amendment No, 2 are.; for convenience only ;and in no way define, aimit or describe: the: scope or intent of any provisions or sections hereof .: ..... Section 6..:: Severabili If any provision of this Amendment No..:2~ :or.any covenant,.: obligation or agreement contained herein is determined by a'court of.competent jurisdiction to be invalid or:unenforceable, such ,determination shall .not affect -any: other provision, covenant, obligation or :agreement, each .of which shall be construed and- ,enforced as if such :invalid or unenforceable provision were not contained herein. Such invalidity or unenforceability shall not. affect any valid and enforceable application whereof, ~ and each ;such provision, covenant, obligation or agreement, shall be deemed to be effective, operative, made, entered into or taken i in the manner and; to the full extent permitted by law: Section 7. Modifications/Conflicts. ;Nothing herein shall : be: deemed to modify .the terms .and conditions of the. Lease unless expressly set forth herein,..aind exce t as modifiedP herein, all terms, covenants and conditions of the Lease shall remain in full force and effect. In. ::: , the event. of a conflict between the terms and conditions `of this Amendment No. 2 'and the terms and conditions of the Lease; the terms and conditions of this Amendment No. 2 shall prevail. IN WITNESS WHEREOF, the.parties hereto have executed this Amendment No. 2 as of i.. the datefirst above written.-: CITY OF DUBLIN, OffiO By: Jane Brautigam, City Manager:. : , By; Marsha_I..Grigsby; Director:ofFinance TARTAN GOLF COMP ,LLC By: , Thomas D. Anderson, President.. Approved as to form:; THE GOLF CLUB: OF DUBLIN, LLC : . I ... _ - Stephen J. Smith, Director of Law By:: ~''~ City of Dublin, Ohio Thomas D. Anderson President Page 2 of 3 7/11/2007 STATEOF OHIO ) SS::::. :: COUNTY OF DELAWARE ) n this da of_ : 2007, before me a No Public rsonah a edO _ y . ~Y .. Pe Y . PPS' lane Brautigam and iVlarsha I. Grigsby,-theCity Manager aril:the Director of Finance, respectively,: of the City of Dublin, Ohio,, and acknowledged the. execution of the foregoing. instrument,. and that .. the same is their voluntary act and deed on behalf ofthe City of Dublin and the voluntary act and deed of the City of Dublin: i 1N WITNESS WHEREOF, I have hereunto subscribed my name: and affixed my office seal on .the. day and yeaz aforesaid. Notary Public ... STATE OF OHIO , :... ) SS:. COUNTY OE DELAWARE ) On this. ~i :day of v ~ , 2007, before me a Notary Public :personally appeared Thomas. D. Anderson; the Presiden of the Tartan Golf Company, LLC, and acknowledged; the execution of the foregoing instruriient, and that.the same is his voluntary act and deed. on behalf of the Tartan Golf Company, 'LLC and the voluntary act and deed of the Tartan Golf Company; LLC. N WITNESS WHEREOF, I have hereunto subscnbed my:name:and affixed my official seal on the. date and'year aforesaid. No Public STATE OF OHIO: ) SS: NICOLA R; HARMON COUNTY OF DELAWARE ) Notary P~:blic, State of Ohio My Commission Exp~es:12-1&2011: On. this ~ ay. of.... .4. ; 2007,. before me a Notary Public personally. appeared Thomas D. Anderson, the Pr sident of The Golf Club of Dublin, LLC;. and acknowledged the execution of the foregoing instnunent,:and that the same is: his voluntary act and deed on behalf of The Golf Club of Dublin, LLC and the voluntary act and deed of The Golf Club of Dublin, LLC. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the date: and year aforesaid... . Notary Public This.instrutnentroas prepared by: Matthew L. Sagone, Esq. Squire, Sanders & Dempsey L.L.P: NICOIA R HARMON 1300 Huntington Center; 41 South High Street - Notary ~ ~ ~Ohb: Columbus, Ohio..43215. Ivy ~ ~phos 12-18.2011 614)365-2701 Page 3' of 3 _ . 7/l 1/2007 :. . y ySection4. Multiule Counterparts. This- Amendment 'No. 2 ma be executed in :an nurriber of counterparts, each of which.shall'be regarded; as an original ;and ;all of which shall constitute but one and the same instrument.. Section 5. Captions... The captions: , or .headings in this . Arriendment No. 2 are- for convenience only and m no way define; limit or describe ahe scope or intent of any provisions or sections hereof. Section 6.; Severability. If any :provision of this: Amendment No.:2;: or any covenant, . obligation or agreement contained herein is determined b a court of com eterit 'urisdiction to be invalid or; unenforceable, :such :determination, :shall not affect any other provision, .covenant, obligation or agreement, each- of which shall be. construed and :enforced as if such: invalid or unenforceable pro ~sion were not contained herein. Such invalidity or unenforceability shall not: affect .any valid and enforceable application :.thereof, and each. ,such provision, ,covenant, obligation oi• agreement;: shall be deemed to be effective, operative,: made, entered into or taken in :the manner and to: the full extent permitted by law. ; Section 7. Modifications/Conflicts.: Nothing herein.shall be deemed to modify: the terms and conditions of the .Lease unless expressly set forth herein,. and except as modified herein, all terms, :covenants and conditions of the Lease shall :remain in foal force and effect.. Iri the event of a conflict between the terms and conditions of this Amendment No. 2' and; the terms and conditions of the Lease, the terms and conditions. of this Amendment No. 2 shall prevail: IN WITNESS WHEREOF; the parties hereto have executed this Amendment No. 2 as o.f: the date first above written.. CITY OF DUBLIN, OHIO By:::: S• ~7:i O Ja~nehBrautigam, City anager Marsha I. Grigsby, Director of Finance TARTAN GOLF COMPANY, LLC By: Thomas D. Anderson, President A to form:BP i :. . j :: - THE GOLF CLUB OF DUBLIN; LLC: Stephen. J Sinith, Director of Law By: City of Dublin,_Ohio Thomas: D: Anderson, President Page 2 of 3 STATE OF OHIO SS: CQUNTY OF FRANKLIN ) :: On this ~ I da of.., 2Q07, before me a Notary Public personally.appearedy , lane Brautigam an'd: Marsha I. Gri sby; the:, City Manager:and the Director of Finance, respectively;:::: of the City of Dublin; Ohio, and,acknowledged the execution of the.foregoing instrument,. and.-that .... i the same is their voluntary acf `and deed on behalf of :the City of :Dubin and the voluntary act and deed of the City of Dublin: TN WITNESS WHEREOF, I have hereunto subscribed y name and ffixed myofficial seal on the day and:yeaz aforesaid: Notary STATE OF OHIO : _ _ _ _ ) ... RACHAE! M. VIETFI Notary PubSS: Ilc, ~ of Ohlo Nfy Commlealcn E Ires o.6-03.09 COUNTY:OF FRANKLIN On this: ~ day of ;:2007, before me aNotary Public: personally appeazed Thomas D.. Anderson; the, President of the Tartan Golf Company,: LLC, and acknowledged the' execution of the foregoing. itstrument, and that the same is his voluntary act and deed. on behalf of the Tartan Golf Com an ,LLC and the: voluntary act and deed of the Tartan Golf Company,' LLC.P..Y IN:WITNESS WHEREOF, I have hereunto ;subscribed my name and affixed my:official seal on the date and, year aforesaid. i. Notary Public STATE OF OHIO i SS: COUNTY OF FRANKLIN ..... On. this day of .. , 2007,- before me a Notary.:.Public personally appeared Thomas D. Anderson, the President of The G:o1f Club of Dublin,: LLC, and acknowledged the execution of the foregoing instrument; and:that the same is :his voluntary act and;deed on behalf of: The Golf Club of Dublin, LLC and'the voluntary act and deed of The Golf Club of Dublin, LLC. IN VIFITNESS WHEREOF, I have hereunto. subscribed my name and affixed my official ~ - seal on the date and year aforesaid. Notary Public. This instrument was prepazed by: I ... Matthew:L. Sagone, Esq. Squire,'Sanders & Dempsey, L.1;:P. 13p0 Huntington Center; 41_ ,South High Street Columbus, Ohio 43215 614).365-2701.; age .o IIIIIIfIIIII~IIIIhIIIIIIIIIIIIIIIIIII~II~II Instr:200110220242694 10/22/2001 Paees;66 F:~270.00 2:19PM Rob®~t:G;:Monteomery 72.001:0142431 Franklin County Recorder :BXOHIO TIT AMENDMENT NO.1 TO GROUND LEASE AND OPERA'~I1,~G AGREEMENT This Amendment No. l to Ground Lease and Operating Agreement ("Amendment") is made and entered into this ~I day of October, 2001 (the "Effective Date"); by and between the City of Dublin, a municipal corporation and political subdivision:orgauized and existing under its Charter . M and the laws of the State of Ohio (the "City"), as lessor, and Tartan Golf Company, LLC, a limited 0 liability:company organized and existing under the laws of the State of Ohio ("TGC"), as lessee. I WHEREAS, the :City and TGC entered into a certain .Ground Lease and Operating X Agreement (the "Lease"), dated December 7, 2000, for certain -real property, located in the State of p Ohio, County of Franklin, Township of Washington, such real property being approximately 199.421 acres and legally described on Ezhibit "A" attached hereto (the "Property"); WHEREAS, TGC is developing a public golf course facility on the Property (the "Golf l Course") and Edwards Golf Communities, LLC ("Edwards") is developing a residential development h adjacent thereto (the "Residential Development"); WHEREAS, Edwards intends to convey to the City three; (3) tracts of real .property containing approximately 0.856 acres, 0.323 acres and 0.609 acres, which tracts of real property are (prior to said-conveyance) located within the ResidentialDevelopment and are legally described on Exhibit "B" .attached hereto (the "Additional Golf Course Property-l "). The three (3) tracts of real property comprising the Additional Golf:Course Property-1 are graphically depicted. on Exhibit C" attached hereto. The Additional Golf Course Property-l is necessary for the modification of Hole No. 2.on ae Golf Course and will be added to the. Property subject to the Lease; and WHEREAS, the .City .intends to come to Edwards three 3 tracts of real roYOP perty containing approximately 0.006 acres; 0.352 acres, and 0:255 acres, which tracts of real property are (prior to said conveyance) located within the Property and are legally .described on Ezhibit "D" attached hereto (the "Additional Residential Development Property"): The three (3) tracts of real property comprising the Additional Residential Development Property are.graphically depicted on , Exhibit "C" attached hereto. The Additional Residential Development Property is needed by Edwards to satisfy zoning requirements for the construction of the Residential Development and will be:excluded from the Property subject to the Lease; and - WHEREAS, the Board of County Commissioners of Franklin: County, Ohio previously conveyed to the City certain portions of Woerner-Temple Road; together with certain easement rights therein, necessary for the- development of the Golf Course and Residential Development (the Former-.Road"). The City has agreed to convey.to Edwards seven (7) tracts of real property within the Former Road. The balance of the Formes. Road will be retained by the City, a portion of which will be added to the Property subject to the Lease (the "Additional Golf Course Property-2"). The Additional Golf Course Property-2 consists . of six (6) tracts of real property .containing HOU94407.8:} 1- r- .. - - approximately 1.255 acres, 0.528 acres, 0.118 acres, 0,664 acres; 0.045 acres and 0.878 acres, which tracts of real property aze legally described on Exhibit "E" attached hereto. The 0.118 acre tract is part :of ~ larger 0.341. acre tract within ahe Former Road, the ;balance of which 0.34;1 acre tract will not be added to the Property subject to the Lease. The Additional Golf Course Property-2 integrates those portions of the Golf Course formerly separated by.Woerner-Temple Road. The six 6) tracts of real property comprising the Additional Golf Course Property-2 and the seven (7). tracts to be conveyed by the City to Edwazds are graphically depicted on Exhibit "F" attached hereto. WHEREAS, TGC has requested, and the City has agreed, that the Lease be amended: to . include the Additional GolfCourse Property-1 and Additional Golf Course Property-2; and WHEREAS; Edwards has:requested, and the=City and Tartan have agreed, that Lease.be amended to:exclude the Additional Residential Development Property.:: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby aclrnowledged, the parties hereby amend the Lease,. and agree to the foregoing and as follows: . 1. The Lease is hereby amended such that (a) the Additional Golf CourseProperty-1 and Additional Golf Course Property-2 shall be added to the "Property" leased by the. City to TGC pursuant to the Lease, effective as. of October 19, 2001, (b) that the Additional Residential Development Property shall be excluded from the "Property" leased by the. City to TGC pursuant to the Lease; effective as of October 19, 2001, and (c), the term "Property" for all purposes under the Lease shall mean the real :property described in Exhibit "G" attached hereto, which real property contains approxirriately 204.084 acres. 2. Exhibit "A" to the Lease is hereby deleted and the attached Exhibit "G" is substituted therefor:, All references in the, Lease to Exhibit "A" shall hereir~a~er:mean and refer :: - to Exhibit "G": attached hereto. ` 3. The_ City shall; at such time as TGC deems .necessary (but provided that it is. reasonably practicable to do so at such time), grant to TGC ingress/egress rights in, over, upon anii under, as applicable, such. portions of the Residential Development that will become publicly dedicated roads as may be reasonably necessary for TGC's use and operation of the Golf Course. Such Agreements shall be reduced to writing and in form. and substance acceptable to the parties. 4. Nothing herein shall be deemed to modify the terms and conditions of'the Lease unless expressly set forth herein. All capitalizeii terms used herein without. definition shall have the. meaning set forth in the Lease. 5. In the event of a conflict between the terms and conditions of.this Amendment and the terms and conditions of the Lease, the terms and conditions of this Amendment shall prevail. Except as :modified herein, all terms, covenants and conditions of the Lease shall remain in full. force and effect. H~094407.8} s2,. i 1N WITNESS WHEREOF, the parties have executed this Amendment effective the date first set forth above. Signed:arid acknowledged m e presence o ~- . .. _ . asthe Lessor Print Name::Timothy C. Hansley, City Manager Signed and acknowledged in the presence of:TARTAN GOLF COMPANY9 LLC, as the Lessee Print N' -` e: Li ~ -:: ~ .`Thomas D. Anderson, President H0094407.6} STATE OF OHIO SS: COUNTY OF FRANKLIN ) . On this 1SK .day of~h6r., 2001, before me aNotary=Public personally appeared Timothy C. Hansley, the City Manager of the .City of Dublin, Ohio, and acknowledged _the execution of the foregoing instrument, and that the same is his voluntary act and deed on behalf of the .City of Dublin and the voluntary act:and deed of the City; of Dublin. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year aforesaid. o,~~~~t 8 BaSmrAl ~~ .. y ono, smog or atiro .: - = ./~~-, t n ~ tdo.ExpireHo~ y s~. ~~c n 147.03 Rc. Notary Pu, isygrFOFO 471p11111 - - 5 (7 ... .. - . COUNTY OF FRANKLIN ) On this _ day of , 2001, before me aNotary Public, ` ally appeazed. Thomas D. Anderson; the President of the Tartan Golf Company, LLC, ` ~ e owledged the execution of the foregoing instrument, and that the same is his volun " " .: ~ _ct and deed on behalf of the Tartan Golf Company, LLC andthe voluntary act and de :e Tartan Golf Company, LLC. IN WITNESS WHE '' ave hereunto subscribed my name and affixed my. official seal on the day and year afo - This instnunent-prepazed by: Gregory S. Baker, Esq. Schottenstein, Zox & Dunn A Legal Professional Association 41 South High Street, Suite 2600 Columbus, Ohio 43215 614)462-2344 H00944D7.8)5 SS: ~:. COUNTY OF FRANKLIN ) :... . On this _ day of , 2001, before me a Notary; Public p ally appeared Timothy C. Hensley, the City Manager of the City of Dublin, Ohio,; owledged the execution of the foregoing:instrument, and that the same is his vol and deed on behalf of the City.of Dublin and the voluntary act and deed of the City of. IN WITNESS WI-IEREO '~ ~ ~ve hereunto subscribed my name and affixed my official seal on the day and year afore ":. ~ - STATE OF OHIO ) SS: COUNTY OF FRANKLIN ) On this day of.ba~t-; 2001, before me aNotary Public personally appeared Thomas D. Anderson; the President of the Tartan Golf Company, LLC, and acknowledged the execution'of the foregoing instrument, and that the same is: his voluntary act and deed on behalf of the Tartan Golf . Company, LLC and the voluntary act and deed of the Tartan Golf Company,LLC. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and yeaz aforesaid. o"~~~' ~ shy ,ws~ a susa:, m. anunrer ai ~w?i a NOTARY PUBLIC, STAiE OF OF90 ~< i #., c ASy ComnYssia~ F9as 1~ E~Yatlon >~ ~ " ~ `- ` e,,e~.o~ Rc. ~< blic ttKKSK ~ KKKK K W~ M~ M~ 4W- t~ tttKKttttKl ~ This instrument prepared by: Gregory S. Baker, Esq.. Schottenstein; Zox & Dunn A Legal Professional Association 41 South High Street, Suite 2600 Columbus, Ohio 43215 614) 462-2344 oos~uozs} . _6~ EXHIBIT A : - 9ZZ63 ACRES Ci of Dublin, V-vginia ML"ttary Survey Numbers 3453 Situated in the State of OEtto; County of Fmnlcl~n, ry • and 6953; being p~ of that tract of land conveyed to Edi~rds Golf Communities, LLC by died o€ record in all references ~ino_ to the records of ffie Recordu's ~cc; .Franklin County, I~umcn[ Nurnbcr ~aoaoazz°i t a~'t 1, pizio) and more particularly bounded and dcsaibed as fotlnws:: ; , at m County -Geodetic Survey Monument Number 2210, aL the ceateriine Beginning, for refuence; Ftankl • inCcrScction of Cosgray Road and Woerner.: Z'cmplc Road; with' the ccaicrrirte of satd Wocrner-Temple Road, a distance of~420.0.8 feet thence North 84° 49' 49" Easi, toapoinr ~ _ thrnce North 05° :10' 11" ~cst, .lea~g said centerline,, a dtstance of 30.00. feet.to art iron piri scs at the _ True Point of Beginning for this description; said Edwards Golf Communities; LLC acct, the following courses and distances: ' thrnu aossing. ~ ~ .. a d"istante'of 118958 foci to an iron Paz set; .:. ' . . North OS O1' S6" West, ; ' North 18° 1T: 34" East,. a distance of 156.17 feet to an iron Pin xr~ a d"utante of 15493 fcet.to an iron.pin x~ .. North 40° 11' 44° East;: . Nortl154° 04' O 1° Easy a d-utancc of 154.88 feet to an iron pia set; Norih 8q° 45' 03" Easi, a d't_srartce of 91.50 feet to an iron ptn se South OS° I4'; 57"'East, a d'rsratzu of 10725 fors to an iron pin set; m ce of380.00 feet to an troa.p...sci~ _. . South I.9° 36' 38" Fast; a distan ,a oerth 38° 31' 19" Eat a distance .of 140.0'9 fret.to. an iron pin x~ South T3° 20' 47" Fast,: ad."utanee of 170:00 feet to an iron pin set; Norili 71° 34' l2" East; a distance of 139.I9'f~ct to an iron pin sc~ Notch S:1 ° 28' 10" Ea~si; adis;anee of 530.00 feel to an iron pia set . North 28° 07'_ 43" Fast. a dissarsee of 110.50 feet to as troa P'a xs; : . South 65° 3a' 1 S" Easl; a ~~~ of 15125 fees to an iron pin. set; . NortEt &t° 45'.03" East, a distance of280.00 fect.to as trop pm set; ;.' South OS° I4' S7" F~s~ a distanu of,I85.00 fed.to an iron p.in set; izt set;.: .. . South 35° 3T: 14'? :East,' a distance of I70_QO feet _to an troti p . South 59° 47' 16" East:; a distance of 150.00 feet.to an -iron pia set; '_ 00 fees to an irogp~ set; South 83° 46' !3"_East, a distance of.145:. suftut.r ur AcKtAUt rAKUtt B7CHIBIT f,- LOCATED /N JG i/!RG/NIA M1LlTARY SURI/EY NUMBS CUNSU6tIN0 BHa1HEfiS3 2 SU9Pfii04S ------- ' CANANHd; oeio ~ix~o C1TY.OF-DUBLIN, FRANKL/N: CpUNT) SCALE 1' = 400' - OCTOBER 17, 2001 yfltR N'Wfs RoA ' ' R/W - F nsz7 R/w grym .. Q609 ' AG W eA. T S qty °l. lJb; 65k . - 1R.' t06000l762 - - Ass ' I .a ~ . q yysA3Y , LIJ1J Ae ~0 A-Am' mo., Y a7.e ~ o ~ . i o fdvde Cnl/ Cmmmunttl a !LG 7~ AS 70W.V'919 07911 6 79 u 46rmf G°und' QdTe Ac C:: ti. y k dry o! Ouch, 0116 LN. 10Wl12107J6J65 - - d QJ31 Ac 8 4QO': o .. Aoo'': '. .BOO': .. ~'N QOIOG AG GRAPHIC SCALE N FEET) wrap. ,. s,• ' oasnvbr'n - aA ~a i saAww7 s ~ ; 0.135 Ac 3 ~ 1 p ooep°°.~ E oao F ~.~~ a°°ono ~,`p...,:.......- io a Ai JEFFREY A * °^ ~'° ,naV. / W a _~~m o ro ; IAILLER e ~ ~ E.M.I-I.&T. INC. ~' 7211: ~ o ° A-: v .;a 'o .i..~ oFS :~'~ s 7 6E;•` ~~~ °~ 14,, sr'a OpAOn°rIE°00009r o si no1 Surveyor ~No. 7211 s FDW .S ,A D COMPANY DUBLIN GOLF/20000525.01 005256v4h 9.2.263 ACRES 2- mse, • North T2° 31' 09" ~~ ? distance of 185.0 feet tb an stun a distance oE235:00 feet to an iron pin set; Nth 40 .43' OS" East, .. . North 70° 42' S3" East, a d'tsiancc of 123.69 feet to an iron pin scr , 03 feet to an iron pin scr, • North 30° 30' 17" East, a dutaticc of 154: . 0$° 14' $7" Vl/cst. a ~tancc of 180.00 feet to an iron ptn set; - . North Noah 22e ~,g, 26"~ Wen, a. d~~e of l $1.82 feet to an iron Pui ct; ' t; ;.:.c an tro a distance of d75.Ob.fce to n pin x North 69° 20' 02 ..East; • . a distaricc of 180.00 feel to an i;oti put set oa~the arc.of.a qurYe w the lel~ North 27°.'52' 12~ East, .. a and d"~cc ofordltaditis ° 1$3$:00. feet) a ~ , lta = I3 14 ; 07 , with the arc of said curve (~ 353.80'fect to an iron:pin ~ _::. . South 24° 48'.29" East, in set aC a_ point of cur~rdture to the rig)i> ce of 788.60 feet to an iron p South 31° 2$' 32 East, a.drstan o and dis~tcc of 26°: 39' 34", ~di~s = 1165.00 feet) a chord bear?ao with the arc of said curve (D~Ig in xs; South,l8" OS' 4S' Fast, 537.19 fees to an itoa p South 04° 45' S8" East; a distance of $10.04 feet to an iron pin set an _ . riQ t-0f way Iine of as set 3n the northerly 40°' 14' 02" Wes. a aLSrartCC of 239$ feet t,o an iron p~ . WoernerZ'~ple Road ' 46° WcA with said northerly noI?c-0E ~Y ~~ a-dL~ana of 1012:70 fed to as iron thence South 84 .3 pin sc~ ... . C wince coursrs and diszan«s tttiities, I1.. tract, the folio .. o ds Goif Comm . . Baia. EdethcacCcrO5Sing North .03®4$' 37" W~ a d-~ance of 24129 feet to as iron Piit set; vy~ a distance of 8927 feet town ir'oa pia set;. North 58° 30 $2 und; p,/~ a dcsiance of 1;50.00 fcct,to.aa stun pia fo Sovih 8d° 3 $ 46" Noah 04° 11' I S" W~ a d'~ce of 97:] O:feci to an iron pin sefi ~ . South. 8$°" OI' $8" Wes, a ~Sta,rtee of 49654 feet to an'~ron pin set; and . 39$SZ feet to an iron pint.sct in the nortlier[y ri~ftt-0f-waY 1"utc of South 03° 45' 37°-East, a d'tssartcc of ' Woerner Temple Koad; , id northerly right-of--way lino the following courses and d'rsmnccs: . fheace with sa ~ ~ X42.84 feet) a chord b~= and distance t Delta = 67° 12' OS",.Radius = • with the aic of a curve to the ri~. ~ of North 38' S.9' 41" West; 268.78 Fat to an iron pin x~ 9Z.2b3 ACRES 3- in set at a point of curvattr<e Co the 3eR;:and oRh 25° 23' d?° 1~/cst, a durance of 104.06 fecE to.an iron p and d'tstattcc ofNott}iNceiachordbearing . ta_= d3° 36,. 02", Radius = 3o'L,84 f ) - with' the arc of said tutu. (De d7°:0.0' Zd''West, 324.93 feet to an iron pin set; ~ followinD coucscs and distaa Golf Cosiununitics, LLC tract. theace•crossingsxid Edward . 0 feet to an:iroe P.~ ~~ _• _ Nafch 3p° d3' 44" F~ ? distance of4393 an ~n.p;in sL~ r Z7Jes~ a d"tstancc of280.x0 fed to • North OS° 43x:0'1 r a d'LStassce of 190.00 fcctto an iron pin sc . North 43 29 02 • West, S1' 00" W~• a ~tancc of 180:00 fed to an iron pin set-, . North 74 69° 52' 44'' u!~ a ice of 180.00 foci to an iron pin set; 2° 34; S I" 'w~ a d,~nce of 380.00 fed to an iron part sei; and South .3 .. ri c-of-vray Iitle of ce of 469.03 feet to: an iron pia sct.ia-the; noRficzly ~ . OS° 29' 31" Ea-St, a d~ Woerner Temple Road; line, a ~: of 964.78 feet to the True Wc~, with said aoRhcrly ri~tc-cf--gray thence South 8.4° 49' 49 of land. mote or 1css. 63 ears Poac of Be~~m~ containing 9?~ . ag evious record.. rie is of vrdys and/or eascmtnts; if any, Pr Subj~~, however, to alI leo 1 oh NA,p83. C~atroi e Ohio State Piarte Coordia?te System ~ P gSo ~, 20" fit. Lion are based oa th a ~ag.of South. Bearings for this d~-P cuts 5536_ and 7752, hang . was from coordiaatcs of Moq~. to County ~oince;irig D~p~enL for bearings ~OSFsed by the Fmnkl . between said monuments, . a/ART, gL,ETON 3c nI,'~'03`i, INC. • Eyp.NS, MECH I' ms`s ~. jvlatthew A- Ktr~ r rio_ 7865 . R~~d Surv yo S,~A-tE F oy~o MATTI•i~W A . CZ~ 3~. ~ ~ E~~sct~~4 Fs'S~' ~ a `~ Q` . 0,x:,1. PREL1lv4lNp-RY . P;PF RdVAL Descripaan Verified n Ringle, P.E: P.S. FRANKLIN COUNTY. Fran~n County ENG(NEERIN:G DEPT. Engineer. • DA7E BY: Date:'. 41123 A. CAS Situated.:m the State of Ohio, County :of Franklin, City of Ihiblin, Virginia Military: Siavcy Number 3453, being cd to; F,~ards Golf Communities, LLC by _dccd_ of iccord in Tnstrumcnt Number part of that .tract 'of' Land convey - 10J 0~ z4e 14-$ l ~ 9 ; (all referzaees being to the. records of [he Rcwrder's Office, Franklin County, Ohio) 3II more pamcu arty bounded and d~bed as:folIovis: Geodetic: Susvry Monument Number 6631 in .the .centerline of Beginnin„ for reference;. at Franklin County Woerne-Tcmpie Road; thence North. O5. 52 46" D/est, ]caving said cmtariine, a distance of 30.00 feet to as iron pin set in the aortficrly rigTzt-of-way nine of Wocrner-Tempk Road for this dcsaiption; thaace South 84'.07' ] 4^ West with. said:northaly right of way line, a dittanca of 294.82 feci to as iron pia set theaceerossiag said Edwards Golf: Consmumtl~, I-I-C ~~ ~e following cow~sxs and dissaners: North 16° 18' S2" East, a distance of 132:5.8 fed tv as iron pia.set; .. Notch 03° 4T 43" Fast, a disrauu' of 570.Q0 fed to as iron pia set; North 43° 22' 12" Wesi; a di~tancc of 120.00 feet to an iron pm set; . a distance of 105.00 fed to as irva psa set; North 70° 10' 12" West, South 79° I4' 40" West; a ~~ of 110.00 feet to au iron pia set South 56° :I4' 32" West, a distaace:of 570.04 feci to an iron pin set; South 21 ° 23' d4". Wcs~ a di~ance of X20:00 foci to art iron pm sc~ . South ;85° :14' OZ" West, a distance of 127.00 fed to aa. irun pin set; North 49° 45' S8"_ West, a distance of 4950 feet to an iron pm. ~~ in set ai a iat of aavatUre to the lei North Q4 45' S8 West, a distance of 271.08 fed to as troy p P~ :.:. :: . ariih the arc of said: crave (Delta " 26° 39':34", Radius ~ 1235.80 fees) a chord bcariitg and distance ofNorth I8° QS 45" Wes; 569.47 foa Go as ann pia set; • North.Ul° 38' I4 East, z ~+;~^~'' of260.Q0 fed to an it:'eb pin set; . North I9° 4 I' SS' East, a distance of 48 3.79 fed to an iron pm:s North t34° I8' 03° West, a distaaee of 280.00 foci to as ann pm sc South 88° 04' I9" West, a distateee of 476.64 feet: to as iron•.pin set a; a point of ciuvatuit; to the ri~,t; with.thc arc of said curve (Delta = IS9° 54' 00", Radius = 75.00 fcei~ a chord: bcarino and dts~nce ofNorth 11° 58' 4I" Wesi, 147.70 fri to: an iron pin scr; North 67° 58' 19" East, a distance of 750.47 fcxt to. aa:iron pin set; Notth 04° I8' 03" West, a distance of265.00 fees to an iron pin set; Souith $5° 41' S7" Was, a d'istance:of 160.00 fees to an non p^n seL; 4IZ73 ACRES 2- 03" W~ a distance of 160.00 Ceet to.an eron pin set; . North 04 I`8' ' . . Noah 85° 41' S7" Easf, a dutartee of 671.:13_feet to an iron p'sn set; + a d'tsiancc: of 285.00 fed to an: uon pm South 04° 1-8, :03,. South 85° 41' S7^ Wcst,:a dunce of 270.00: feci to an uva ptn set;; :. South 52° 20' 0 8" W~ a dutaisce of 170.00 feel to an :icon Pin set; in sc~. a durance of 14D.QU feet to as trna - South 15 45' 27^ "Wcsr,:' Sauth 04" 18' U3" East, a dutaricc of 600.00 fcd.to an rcon:pin set; South 09° 29' SS" west, a dzstance of S8S.00 fret to as iron Pm a distance of 195.00 fed to an uvn pin set; - Soutli 43' 39' 00" Easy North 8S° 41' S7^ East, a d'utancc of 1:40.04 fees to an iron pia North S2° 07' I S" East, a d~tance of 720.00 fed to an i;va pia set Swath 72° 59' O l" East, a distance of235..04 feat to an iron pin set; ,- ' South 37° 32' 3S" East, a distance of 155.04 Frei, to.an ~roa pm set; South 09° 40' 13" Fast, 'a d'LStance of:85.0~ feet to an imn Pin set wad a disfa=sce of I155S8 fxt toad lion pin sd in the:northeriy right-of=vray Iinc ofWoctnc- South ls° 15' 38" Fast, Temple Raad on the arc of a curve to the left . • = 30284 ri t-of:vray liar and with the arc of said curvy (Dc1ta ° 32° 3T' SS", Ragas contamiag 41373 awls thence will] said northerly ~.:. . feet) a chord bearing and diistancc ofNorth 79° 33' 40", 17016feei to the True PoiatofBcgiariiae, . of Iar:d, more or Iess: Sub'ec~ however, to a!I Icgal rights.of~ys and/or casements, tfany, ofprcvious Taos . 1. ~ HpDg3; Control for e3ring5 for this description are basaci on the Ohio State Place Coord~ate~Systemo ~p24" East; bct~~ mid was fi otn coordinates of Mocummts SS36 wad ?752, lmvmg a ~mn bearings . Bering ~partmeat. ' .tiie Fraaklia County Fpm monumcats cstabiishcd by C~pRZ-~ ~IA~IBL.SI"ON & TIt.1'03~i, IN 1 C - ~ .. p~ptroa (~_ ~ ~7 S£P 00 a PE,PS_ F~ti;clln County Matihcw A-- ~ r No. 7865 '~e~~ OF Q~,/p ririeet Reg3stcred Survcyo S b pate: ktATiHEW A laRKpRELlMINAR ~ ~ t~ APPROVAL ~ 78~0 FRgNKUN CQU Z~. ~ S/p i!IA~ 5ENGINEERINGDEPTs ~ ~ Y:OA7E:2-.-~-~ 13.06:7.ACRES County. of Franklin; City of ,Dublin, Virginia Military Survey Siivatcd 'in the State of Ohio, bein art of that tract of land ~convcycd ao Edwards Golf Communities, LLC- by deed of Number 3453, $ P (alI references being to the records' of the Recorder's record in I~uvment Numbe;~°°°OQ~o . pffice, Franklin County, Ohio) and more particularly bounded acid'described as'foZlowS nnin for rcferorice, at Franklin County Geodetic Survey:Ivlonumerit Nurnbcr 6629, in the . Begi 1;.. bentefline of wormer-Temple Road;. - stan of 702;73 feet to a point; ' . thence North 84° 35',46'" Fast, with said: ccriterline, a d ~~ :. : • . leavin said:centeriine, a:dLStance of 3.0.00 feet ao an iron gin set in-the South OS° :24' 14'' ~~ g line :of WOemer=Tcmplc Koad ai the True Point of Beginning for this, descrigt?on; southerly right-of-way :: . ee North 84° 35' 46" Fract', with said n°rih~I?' n€~~-0f way line, a distance of 37859 fees to then an iron pin s~ .: d distances.g ourscsllowinc an wards Golf Communities, LLC tract, the fo thence crossing said-Ed South fl9° 0I' 20" West, a dcstarica of9725 feet to an iron pin set; - . _ South 00° 58' 32" East, a distance of 260.00 feel to an iron pin set; . South 02° 55' 30" Wes, a distance of 220.0;0. foci to an iron pin set; . South 23° 26' 34" East, a distarsce of 110.00 f~E to as Iran pin ~~ South 58° 3T 34":Easz; a distance of 110.Q0 feet to an imn gin set; ' North 89° 01' 28" East. a dissaricc:of 105.00 fxt to an iron pin set; ' North 63° 40' 42" East, .a d>star-u of 105.00 feet to an iron pia set; South 1?° 25' 25" East, a distance of 130.00 feet to an ~tron pin set; South 48° 42' ~ 14" East, a distance of 45.00 feet to an iron pin set; in set; South 73° T9' OS" Fast. a distance, of 200.00 feet to an iron North 65 ° .15' 24n East; a d~scance of 140:00 feet to an iron pin szt; a ~ ~ a distance of 20337 fee=t to an iron pin set at a point of curvature to the . . South 03 19 41 ~:~ . kf~ e arc of said curve (Delta = QO° 33' 45", Radius = 1935.00 feet) a ehord~ bcarino.?nd ti+nth th distance of South 03° 02' 48" 17Vc5t, 19.00 feet to an-iron pIn set; ... South 84°.49' 24" West, a distaance of 940.OO.feet to as iron pin set; 13.06:7 ACRES 2- Wcst, a.distancc of b6'5.50'fcci to an iron pin 5e.' - North 09° 32',28 a distance.of 400.00 feet to as'ron pin set; and • Norfiz:03° 45' 3T` West, East, a distance of 53.90 .feel to the True Point ofBcginning, containing 13.067 Nort4i 02 34 :'~:7' acres of land, more :or less. hts of ways and/or easements, if any, of previous record. Subject, however, to all, legal rig n s for this description arc based on the Ohto Sta[e Plane Coordinate System as per N Navin a fearing of South 85° Beast. g Control for bearings wa-s from coordinates of Monum~ Franklin County Engiaccring DepartmcnL 44' 20" fast, between said monuments established by • CHw~T. ~piviBLETOIV 8c TILTON; INC. EVANS, ME a; ~` 2'15°P ~~ r;(atthcw;A.Kirk orNo_7855RcgisicredSurey S.~P~ E OF ph/o cnx.-s~!xv~`MA7TFlEW A n z ~3 ~ssfonra~ s~~a 0~~3 Desaiptian VeriSx! - Rir~le,. PE, P3 D~t~. PRELIMNAR APPROVAL FRp,NKL1N COUP rr•i+fr` nCOT V~C~ 23598 ACRES County of Franklin, City of Dublin, Virginia Military Survey Situated in the State of Ohio, art of chat tract of Land conailyre eren cesabein ~Io the records of the Re orders Tlurriber 3453, being p . record in Instrument Number~aa t e. v''q ~ p~cc, Fra.nkIin County, Ohio) and more particularly bounded and described as follows: at Franklin County Geodetic Survey Monument Number 6631 in the • Beginning, -for reference, centerline of Woerner-Temple Road; thence South 84° 07' 14'` West ~~ said ccriterline, a distance of 481.23•feet to a point; . ence South 05° 52' 46" East, .a disiancc of•30.00 feet to an iron pin set: in the southerly nght-of innin for this .description; may Iine of Baia Woerner-Icrimple Road at the True Point of Beg $ • tI'iene~ crossing sand Edwards Golf Communities, LLC trace, the following courses and distances South 51 08' 29" Easy a dLStan . eon pin. set at a point of earvature to the cc of 31494 feet to an i Icft; Iia . 43°. 41, ~"~ Radius = 535.00 feet) a, chord bearing and vritli the arc of said curve (1~ a~taace of South 72° 59' 10" East, a diistancc of 398.14 fees •to an iron pin set; North 85° 10' 09" Fast, a d%s;ance of I5.11 feet to an iron pirs.sct; South 50° 02'_d4" ~~ a dcstancc of 493 I fact to an iron pin set; South OS° IS' 38" Easy a dstance of 938.64 fact to an iron pin set; . South 22° 23' 26" West, a dzstancc of 177.01 feet to an iron pin sei;• Soeith 43°• 56' 42" West. a distance of 174.7Q feet to an unn puz set; . South 6$° 32' S2" W~ a dist%ss~ce of I~4.70 feet to an iron pin sci; North 86° 50' S8" Wcs~ a distance of 174:70 feet to an iron pin sc~ • North 62° 44' 12" tiV~ a di_~artce of •175.04 feet to an iron pin set; North 45° 00' 00" West, a distance of 318:63 feet to an iron pain set; `' North bl° 36' S0" West, a distance of I?Z.97 fees to an iron pin set; North 68° 45' 54" W~ a disiancc of I22,14 feet to an iron pin set; • North 77° 48' S6" W~ a distance of 122.43 feet to an iron Pin set; • P n ce of 234.98 feet to.an iron inset, South 89° 08 22 West, a distan 23.598 AGRES 2- I9' 4i" F,asi; a distance of 228:37 feet to an iron pen set at a pomi o citrva rc • North 03 3eft; ~ ° ~ ;, :Radius = 1915.00 feet) a chord bearing and d'tstancc~ Delta 03 43 16 ; with the arc of said curve in se[; Drib O1° 28' 03" Easy 125.00 feet to an iron P of N. in set; orth 85° 14' 02" :East; a distance of SOS:OO:fect to an iron p N.... , cc of 30726 feet to art irou pin set; South 47°, .1:1' 42: E~ a distan 4° 29' 19" F~ a d:istancc of 48I27 feet to•an iron.pin South 3 cc of.225.00 fccf to an iron put sc . . 27a_~Q~. 54 . F-~.a distan... ~ ... North ce of 465.00 fed to an iron Pin set; North 08° ZI - 28 west, a d'sstan . a distance of 790.00 feet to an iron pin set; North 34 15 58 w~ ~ ;' East, a drstancc of 75:00 feet to an iron pin set; and North 02° 03 32 L-of--way lint 26" Fast; a distance of 6S5 feet to an iron pin sci in the southerly n8h Noah 52° 09 of w~~'Tcmpic. Road: a distaztcc of 103.68 fat to t-of--Fray Iine, . ... 84 - 07.:14" Eas> wsth said southerly ngh thence North ° 23.598 acres of Iand, more or kss_ . . the True Point of Beginning; uo~ttaining - d/or easements, if any, of prenous record Subject; however, to aII legal rights of ways - tern as NAD83. based on: the Ohio Stale Plane Coo ~tg a ~~ng of~ oath 85° g~a,rings for this description arc ~~~ 5536 and 7752, was from coordinates of M~ the Franklin Cotmty Englna~g ~p~ent Coat=ol for bearings atabiished by 44' 20" East ~itvecn said monuments, . LETON 8c -tILTON, II3G C~IWART, HAS.EVANS; ME Vl~` ~S£~~ ew A.:KMatth..... ~ or No.7865RegisteredSure .y ..' S,`A~E OF py~o O +~~ ~. MBA o2-~3~::: Descrietio~~ ~ 4E ~a ~Q~~~Verifiad : ~~~. J L O `~ .`~q~c+s, P.1=.; P.S. `~'S/~NAI. S~ d' ~ra~di.~ O~tY PREUM.iNARY j-~l,l o~ ~ _ Gz~-`~~ ,APPROVAL Rp~NKLIN COUNT T ZSIZ ACRES ~ is Military Sisr"cY Numb r ;453, afj~btin, Virgin Coupe of Frdnlciln' Clry LLC. by deed of record in Insuumcni Y Edward Golf Communttics, Fra~lin County, Ohio) aria h~o, :- Situated in the State of Oan~cyed .to of the Recorder's O~Ce~ 0 2rt of that tract of wand beine to the records N~ P ar qc . ~aiandfdacrib<d ~ follows: ~e centerline-of bcrloa t . bounder ~ Tvlonu?ncnc Number 6631 to more Particularly G~detc Suty Y o for rcference,.at pranklin County gc~nninQ, in set in tote: le Road; ce of 30.00 feet Co an iron P Woerncr-Temp ° ~d o~terline, a.distat? v mo for this dcscrspcion; OS° 52' 46^ =East. lca`nn~ c TcUe point of Bc~t . o thence f°u y line of Wan1GC-Tcmplc Road at the c elta = 42°' ~' 11^, vra and yri~t the arc 'of a cttr'~c ti the righ (D southerly righter n in set-, 6f32^ East, 174 0 eec io an tro P said soiithcrly. right-of-way lu"• 74° 52' . thence with :and d'uzanCO °f So~ - thc following c°~~ ar'd aLStariccs: a chord bearutg . 242.84 feet) I..I:C tract, . .Radius unities, said Edwards Golf Conitn ssino, .thence uo n in s<t; foci 3o as iro P 15' 3 8" fit, a. distance of 209. South O5 iron.pin s t: q 68 feet to the ri~ltt; V1est. a distance of 9- - to - South 39° 5~ L6T to ~ iron Pin set at a point of:cur~tt?rc feet:. . VJcst, a d'utanee of 14.06. .... ~ e and_d'istanec ofNotth South 85° l0' 09" gadius ° 465.00 feet) a chord bearing c Delta =. 43° 4l' Z2^, with the arc ofsaid:cu~' iron piii s<t: W cst: 346.05 feet to an . aiand n° 59' 10" feet to an itoa gin s~ liae of WcsL a distance of 1 S 1.64 rio c-of=~Y north 51° 08':29"~ i itoit P~ sec in the soitchcriy ~ 47.62 feet LO ~ c True East, a d"tsgnce of north 16° 18' ~' t-of ~Y lines, a distaaec of 31930 feet to th lc Road. wi~aaid south~r~Y ngh W~cr=Tcsnp ° 07- t 4^ East+ snore or less- thcncc Noah 84 - o ~ 1z aer~ of ~~ or of revious rcc d. Q " contatnmo dents, if espy. P . Point ofg~~inn'sn~. wa aitdlor ~ r NADS3. Control. hovvcvcr. to .all lco 1 rights of Ys .... .. cm ~ Subject, talc Plane Coordinate Syst , ~• 20" Easi, on the Olsio S - Q a ~~ t : of South 8~ ciao ate' haste T15Z, ~'~~ Bearin~5 fot this dcscrtp ens 5536 and.. _ e arun n. ctrsr-o >xP o was from ooocd-s+accs of the F~l~in County ~~ for bcann~ established. by BLETON & TILTON, iNC- hctv,:ccn said monuments EVANS~ N1ECHyypRT. Hpiv4 SLv cam.. . a ,o ~~ - ~~,a.- ~' O Matthew A. Kir>;. 7865 c~istcrcd Sun±eYor No. ,~ P-~E OF 0%/O MpSIxE`1`r A p :`~ ~ ~ . KIRK }~ o.DescxlQtion Verified ~~1 ~ w ~~ ~ ECrS~T£.~~0 J~' Frartk6n County ~ ~ ~ ~ `5j0 N AL. . t~,> ice 5347 ACRES Vir iriia Military Survey Nutrs r of Franklin, City of Dublin, g lsio, County . Golf Communities, LLC by deed of record in dwards .Situated in the State of O . conve cd to::: , . : 6953, being part of that tract of(a~nde fercnc being to ~0f~ of'd1e Recorder s Office, Frm in oun ows: Instnimcnt Numbcr~; articuiariy bounded and .descnbed as o Ohio) and~mocq p ctic Survey Monument Number 2210: at the centeriine Good iri for reference; at FranSclin County gcgir-ri °' Read and wOerncr-Temple Road; infersecuon of Cosgray er Tcai Ie Road, a distance: of 527.43 84 49' 49» fi~ with the ccntcrline of said Woern _ - P.... thence North . p ct to an iron pin: set m feel to a point; _ P .. a d~ncc of 30: Q fe ' a foe this drscn ticm'. East, I~aving~5aid ccntcrlinc, - 05° 10' 11" .: a True Point of gegirml g. . thence South le Road ai th. . t-of-way Zinc of Wocrner-Temp 6 iron57feettoan noctheriy righ • = - t-of-v~ray line, a distance of 8 .7 with said northerly ngh - thcncc Nom 84° .49.49 East, .:..... in set; LLC tract, the following courses and d'istancrs: thence crossing said Edw~ Golf`~ommunities, 1» East; a distance of 19097 fectto an iron pin sc~, South OS° 29 3 n iri set; South 84° 30' .29" Wei a distance ~f 90.00 feet to an uo P 00 feet to an iroa pin scr, South OS° 29,,31" F~t,,a distance of 150, . In Set;to an Aron p 30' 29" VJcsz, a distance of.5b0.00 feet SQUth ~ t]0 feet to an iroa pia set:, North 19° 10' ZST w~ a distance of I35: ST Wes, a distai-ee of 130.00 feet to atz iron put set Notch 32° 34 1 ~ ~~ and 3.° 35' 35" ~7/cst. a d~cc of 135:00 .feet to an ~° P - North 5 coataiang 534? acres OT 46T Wcs~; a d,stance of 1836 feet to the True Point of Beginning, North 67 of land, more or Icss_ ents, if any; of Previous record- 5ubjcci, however, to ail Iegal rights of ways and/or c~u~ . d on the Ohio State Piave Coordinate System ~ ~ NAD~- of South 85° 44' 20" for :this d~ption are base.. .. and ?752; having a bearsssg Bearings from coordinaia of Monuments 5536 - Control for bearings eras the Franklin CouatY ~~ n~~g. department East, betwezn said monuments cstablish~ by VANS, MECH~N?~RT, HAMB~ETCN & TLLTON, INe_ E l ~ - ~ pescr9Ptiion. . ~;,,_ L ~~ S~ P G~: ~~Q~E OF ph~O Alt p ~' verified ~ ~ J~~ . peaii RIn9~, P~ P.S. :: Matthew P.. Kirk.. MAYA oAPPROVAL ~a~ ~E~sr~" ~- P~AI~~fU~ COC~~FFY `cssin~,., ova 21.710_ ACI2.ES Situated iri the State.of-Ohio, County of Franklin;. City of Dublin; Virginia Military Survey , Nunnbcrs3453 and 6953, being part.of that tract of-land conveyed to Edwards Golf Communities, LLC by • ee. e S tf o 14 Y~;4(aIl references being to records of .the Recorder's decd of record in Instrument Number 1 ~ bounded=and described as follows: office, Franklin Couisty, Ohio) and more parts Y Beginning,. for reference,. at Franklin County Geodetic Survey Monument 6628, in the centerline of War Temple-Road; thence South 64° 36.' 13" W~ leavznp said centerline, a distance of 30,.00 fact to an. iron pin set the southerly right~f-way line of Woerner=Tcmplc Road at the True Point of Beginning for this acscription; thence with said southeri ri t-0f-way:Iir?e and wsth the an °£a curve to the Ieft (Delta = 6?° Y ~' 55", Radius ° 302.84 feet) a chord bearing and distant= of South-59° 06' 36" East, 33620 feet to an iron pin set; .. thence crossing said Edwards Golf Commurii#ics,~Lx.C tract', :the following courses and distancxs: South. 03° 45' 3T' Easy a d"istance of 424.47 feel to an iron pin set; . South 09° 22'- 43" East, a distance of 54695, feet to an iron p~ :~~ . South. 28° 59' 26" Wcs-t,. a distance of 254.69 feet to .an iron pin ses on the arc of a curve to the Ief~ o,,Tth the arc of said curve (Delta = 09° 27' 21 ; 1Zadius = ?75.00 feet) :a chord bearing and distance of South 65° 44' 15" Easy 127.76 fees to an iron pia set; South 27° 15' 25" East, a distance of 34?3 fact to an iron pia set; South 15° ST OS" W~ a distance of S.IS8 feet to an ir~sa P~'s~ to a point of curvatmrc io the rig#~t; lta = 13° ~•' 40",. ~~'ss =.325.00 feet) a•cbord bearing and riiflC the arc of said ctixve (Dc ~ and, distance of South 22° 54' 25" West, 78-71 fat to ati iron p s~ South 60° 08' I4" East; a distance of 50.00 feet to an iron pin set; y~ a ~iesieriy line of that tract conveyed to Ned E._Lare by docd thcn~ South 06° 34' .07" East, of record in Decd; Book 3798, Pagc 456, a distance of 50.00 fxi to an. iron Pin sc~ thence crossing said Edwwards Goif Cornrn!?nities, LLC =tact; the following courses and distances North 71 ° 33' S2" West, a distance of 600.00 fees to an irofl Pin set; North.56° 55' 26" West, a distance of 825.00 feet to an iron pin set; North 39° 23' 06" West a distance of 320A0 feet to an iron Pin set; 21.710 ACRES 2- North 37° 50' S9" East; a dlstanee of 120.00 feet to an iron pin Set; a d~c~ of 357.66 fczt,to an iron p North 84° 30':29" ~~ a distance. of 85.00- feet to an iron pin sit; a distance of 150.00 feet to; an. iron pin sc North OS 29 3I Wesz; . North 84°.30':29",1=.a-s~ a distance of 205:00 feet to an iron pin set; South OS° 29' 31" ~~ a distance of 110.00: feet to an vroa gin se. . South 15°:24' 31" W~ a distance of 533.0 feet to an iron pin set;• South 24° 06' I S" F.asi; a "doe of 186.41 feet. to an iron p'sn set; South 68° 2I' bl" East, a distance of 452.43 feet to an:iron P'a ~~ South 53° I6' 46n F~ a diistancc of 2I 1.95 fat to an iron p~ ~~ - a distance of 122.42 feet; to an iron pin set oa the arc of a curve to the North 48' SO' 30" Fast, left; with the arc of said curve (Delta = 02° 47' 46", .Radius = 775.00 feet). a chord bearing and distance of South 42° 33' 27" E?st, 37.82.fcet to an iron piu. set;, North 46° O2' 4Q" ~~ a distance of 178.62 feet to as iron Pin s North 28° 33' S7" RTes~: a d-~siaace of 7.90.00 feet to as iron pia set ' North 15° 59' 04" F,as~ a d-istarx~ of 201:02 feet to an iron pia set; Nom 00° 13' O7" Fast; a distance of 10050 ;feet to as iron pin.se~ North 11 °• 1Z' 09" West a d"istaace of 10050 fed to an:iron Pin 'set; North 27° 47' S3" W~ a d,'isrtancc of 2.10.77 fees to an imn Pra s~ aad o ~ 44n a distances of 49.64 feet io:an iron pin set in the socrthcrIy right-of-way North 30 43 Eat line of'GVoerncr-Temple Road;::. . 46° Iine aad with the are of a curve to the right (Delta = thence with said southerly righi-of-waY 189.80 feet to an 00' 28", Radius = 242.84 feet) a chord bearing and distance of South 48° I1' 11" East, Iron pin.sct, ZI.710 ACRES . 3-- uth 25° 23' 47" ~~ continuing ?!~~ said southerly right-of-may Iine, a distance of tliericc 'So containin 21,710 acres of land; more or Iess_ 1Q4.i7 fcct to fhc Truc,P.oint of Bcglnning, g. ub~ect, hoyvever, to aI1: legal rights of ways ands°r easements, if aay, of pievious record_ S 1 _ Bearings for {his. description arc based on the t~h~ 536 and 7752, having a bearing ofSoath 85° Control for bearings was from coordinates' 6f Monuin Coun En e~crsng I?cPastment', d4' 20" Fast, between said monuments established by the Franklin ty VANS, ~~~ypR-r, H?,IvfgLfiTON &. TILTON, INC_ S~ ~ b :... . 1.~~'`.`r a• . Matthew A Kirk Rcgsicrcd Surveyor No_ 7865 S.~p;YE OF~h,ux~xa~0 ~ _ ~l - 3 O I~iATI'HE1y A A~ ~t o-~l~rc _ 3~l Z~a o~o Fc i~R p'-4 cb `~Fs pN.Q~ Svc D2s~~Ption Verified Desn ~e~ F E' ~.S- Ft~ County Fsginee~ .., _ ~ PRELIMINARY APPROVAL F~KL.1N COUNT' ENO~NEE.RiNG DEPT OATS -y`$Y: C- l 0.?.56 ACRE Siwaced in.'thc. State of Qhio, .County of Franklin. City aF Dublin, Virginia Military Survey Number 695.3, being part of that, tract of land'cnrtveyed to the-Giry of Dublin, Ohio by decd n[ record in Insttvnient Nitmbcr j~o9~ot94~9: (all references: being to the retards of the ;Recorder's Ot~ice, Franklin Country, Ohia) 'and rrtorc particularly bflunded and described as follows: Beginnict„ forrcfcreatc,.atthe intersccrion of the southerly right-bFway line of Woerrter-Temple lZoad with the taimmon line of Virginia Military Suive;y Numhcrs 3453 .and 6953; thcnce Seuth 04° 19' 42"-East; wuh sold common litre; a d'tstancc of 1140:?3 fee; to_ a. Paint; thcnce Seutft .85' 40' 18" West, leaving said common line, a distance of 74.43 feat to an iron :pin: sec,artheTrue Point.:af.Beginning for this description; - thcnca South 23° 59' 26" West, with a westerly line of tha[ tract conveyed to Edwards Golf Communities, LI:C by deed of rzcard in.Instrumcat Number , a distance of 50.00 feat m an iron pin set;:.:. thcnce crossing: said Ciiy of Dublin, Ohio tracf snd with. the are of a curve ,to the rigftt (Delta l7° 03' l5",ltaditLS ~ 775.00 feet) a chard bearing and distance of North SZ° 28' ST 1~Vest, 29.83 feet cn an iron pin set; thcnce North 4'6° OZ' 40" Fast, with an easterly line: of said Edwards.Golf Communities. LI_C tract; a disrancc of SU.00 feet to an iron pin set; thence crossing :said City of Dublin,; Ohio tiacz and with the arc of a curve to. the left (Delta = 17° 03' 0.5", Radius = 725.00- feet) a chord br~aring and distanez cf Satuh SZ° 2B' S7". Fast. ? l 5._00 feet to the True Poincof Begirnt:ing, cantaming OZ56 a=rt of latt)~ more ar less. Subject, howevcr,_to aJl Iegal rig5cs of ways and/or:eascmenu, if any, nf;pcevious record. Bearings, far this descriptiat:. are based an the Ohio Staze Planr Caardirtaze System as per NAD83. CoRCrol far bearings was from cnacdinatcs:af Monurrtenet 5536 aisd 775? having a bearing South Si= 44' . 34" East, between said monuments, csreblished by the Franklin County Engiaearing Department. EVANS, MECHWART, HAitrtBLlrl'Ol!~ & TILTON: INC, Matthew ?~ Kir1t a.Re istered Surveyor No. 786 p,~ E OF py~o ti.~r:t;,n,a«aa ~ S _~ MATTFiI:'1VA l~K a 1E13~ : .Set`s- ~ ~ ~ p , Z S ~ ~-~ Fss~o S~4y~ p .,} c) ~- .:PREUMINAAY NA1, APPJ~OVAL.:. . . t=flnnivi.~~~ ..,..~ ..._ 0.093 ACRE Situated In; the State of Ohio, County of Franklin, Ci of Dublin.VlfgiRla Mlli SctN~iNumber3433. being part of that, tract of land conveycd_to the Ci of:Diiblin, ~ty. Ohio by:;decdof:cecard inInstrumentNumhcreceoo4Z9t)19Fbf9; :(all referettccs.being to the recocds of the Recorder's Office, FranklinC:ounry, Of~io) and more particularly-bounded and described as follows: Beginning, far reference; at Franklin Cautity Geodetic Survey MoRUrrscnt Nuzttbet 6630 in thecenteriir~e afl~Yaerner.-Temple Road;. .. thene- Sauih 84° 35' 46" West, with said centerline a distaac~.of SIZ.9Z feat to a paint; thenca North 05° 34' I4" West, !caving said c~rtterliae; a distance of 30.00 feet w an ironpin,set..in the norther{y right-oF way. l.i;te of 'Woetn~r-Temple }Zaad at the Ttue Point af~ Begianing for thisdescription: thence Sauih 84° 35' 46" West; with said northerly tight-of-way line, a disranc~ af.lZ3,79 feet toaniron, pin se, c - therZCa Nnrtta 39.° ~ 1' ZS" East, crossing said City of Dt~lin, Ohio tract, a distanc>: of 930 fort todo .Iron pin SCC, thcricc South ~6° 36' ST East, cacrrilsuing ar.:vss said: City of Dublin, Ohio tract, a distance: of87.30 feet to the True Paint of Begirtni'ng, containing 0.093 azze of Iand, rri.ote or less. Sulzjcct, however, to all legal rights of ways and/or easernerrts, if nay, of previous re=at~ Bearings for This descripuon are based aR the Ohio $taaze Plane Caotdinate Sy~siesn zs per NAD83.CORtI'Ol for beating5 was f~-orrs caordiaates of ~iauumens 5536 aria 7752 havfng a bearing of South 85'0" East between said morsucricirts= esta6iisfted by the Franklin Cnunry Engineering Degarutient; EY+AN5, MECHWART, HAMBLETON & TILTON, fNC. Mattftew A. Klric Regiszcrtd 5irweyor Nc 7865 41l~.imi°tcaa- S~A~ . Qhia. j -~ luLA17HE4YA KIAiG c o o .h- a ~ : PF~ELJMJN~IAY ss'~Na~ 5~~ A13PR0~lAL FRAN KLI IV CO U IV'1 Y ENGl.NEERING DEPT cnn~~. ~ 0.856 ACRE . - it mia i }Cary Survey Number Situated in the. State of Ohio; Counry. of Franklin, Ciry of u _m, g 3453., .and being out of chat tract conveyed to Edwards Golf Corriinunities, LLC by deed ~f record in Instrument Number 200009290198679, (a[1 references refer to the recocds of the Recorder's Office, Franklin County, 0.hio) being more particularly bounded;and described as follows: Beginnin;, for..reference, at Franklin County Geodetic Survey Monument Nucriber 7752, marking the centerline intersection of Eiterman Raad with Shier Rings Roa thence North 85° 41' ST' East, with said centerline of Shies Rings Road, a distance of 778.82 feet to a point; thence South 04°: 1:8' 03" East, leaving said centerline, a distance of 1073.37 feet to an iron pin set in a of Dublin, Qhio : by .deed of record in Fnstrument Number westerly' line of that .tract conveyed to City 200011210236365,.the True Point of:Beginning for ~s . ~LnP thence with said westerly line, the following courses and distances: South 04° 18' 03" East, a distance of 67.51 feet to an iron pin set at a corner thereoF, ce of 481.79 feet to an iron:pin set of a cornet whereof; and South 19° 41' S5".Nest, a distan South 01° 3 8' 14" West, a distance of 260.00 feet to an iron pin set at a corner thereof; thence across said Edwards Golf Communities, LLC tract, the following courses and distances: North3l°,25' 32" West, a distance of 289.65 feet to an iron pin set;; North 84° 27' S2.".East, a distance of .120:45 feet to an iron pin set; and NorEh 20° 34' 1.1" East, a distance of 557.57.feet to the True Po"int of Beginning, containing 0.856 acre of land, more or less.. Subject, however, to all legal rights of ways.and/qr easements, if any; of previous record: Iron pins set,- where indicated, are iron pipes, thirteen-sixteenth (13/16) inch inside diameter; thirty: (30) inches long with a plastic plug placed in the tap beartn$ ~e initials EivLK&T, INC. Bearings are based, on the Ohio State Plane C~~lnument Numberse5536and 7752, having abearing of from coordinates of Franklin County Geodetic Survey Mon South 85°'44' ZO" East, established by the Franklin County Engineering Department; using Global Positioning System procedures and equipment. ~ b -\\ O - F o s e ~ . ~. x .° J EFFR EY ~. ° ; ~" ;; 149{LEER • c, 72,L1 ~; a;a n . C^n Q,`, ~i F1M:ktri/aQ.cA1 ~ ~ ~ S T E , ~ :~ i r-~ff~'• EVANS, NIECHWART, ~MBL;ETON, & TLLTON, INC 1Vl /1 /1~/1~ 6 - ~ . 01 Q`rscrtp~on lvliller l Surveyor No: 7211 Venfietl . Oszn Ringle, P.E., P.S. Fr~iwin Caunry En ing eer _ i]atB: Sp-~ ~ o ~ 4~ ~' C z~-~ 00 0.323 ACRE County of Franklin, Ciay of Dublin, Virginia Military Survey = Situated in the State.of.Ohio, 453 and being out :of that tract conveyed to. Erencessrefer~to the`records~of the. Recordero's Number 3 all refs record in Instrument Number 200009290198.679, ( bounded-and described as follows: pffice, Franklin County, Ohio) being more particularly Geodetic Survey Monument Number 7752, marking Beginning; far reference,, at Franklin County the centerline intersection, of EiterTnan Road with Shier Rings Road; orth .85° 41' S7" East, with said centerline of Shier Riggs Road, a distance of 733.85 feet.: thence to a point; teavin said centerline,, a distance of 559 ~7 feet to an iron pin set thence South' 04° 18' 03" East, g.. in a westerly line of that oract conveyed to City of Dubain, Ohio by deed of record in Instrument•~1um et . 20.001 I2I0236365, the. True Point of Beginning for this description; thence ;with said westerly line, the following courses and distances: 58' I9" West, a distance of 473.70 feet to an iron pin set at a point of curvature to the South 67 left; the arc of said curve (Delta ° 58° 56' S3", Radius = 75.00 feet) :a chord Southwesterly, with 73,80 feet to an iron pin s'et; bearing and distance of South 38° 29' S2° West, thence across said Edwards Golf Communities:, LLC tract, the following courses and distances: North 09° d1:'=26" East, a distance of 104.64 feet to an iron: pin sec; and North 74° 15' 36" Ea_st,a distance of 486.90 feet to the True Point of Beginning, containing 0.323 acre of land, more or less. us recor .io yisofwa s and/or easements, if any, of Prey Subject, however, to allaegal ngh where indicated, are Cron .p~p~~ thuteen-sixteenth. (I31I6) inch inside diameter, Iron pins set, laced in the top bearin8 the initials EMH&T, INC. thirty (30) inches long with a plastic pIiig p are based on the Ohio State Plane Coordinate System as par NAD83. Control for Bearings Geodetic Survcy Monument Numbers 5536 and 7?52, was from=coordinates of Franklin County [ he Franklin County Engineering Department,; bearings ~ established by having a bearing of South 85° 44 20 ~'z' and equipment. using Global Positioning System procedures EV ANS,: ME~?~/~T~ ~1vlg:LETON, & Z-u,TON, O C •` \ o - ~ a ,, ~ y . =~ • .~,c ~ V1 i l let Descrt~tan p. ~ ~ ~JQ=FR~ ~• ., a re SILLt~. ~ ct - e Siirveyor_No.7211 Verifed tr~.~`E~ 7211. 4°, : ° ; Dean R-r~. P.E.. P.S. Q: • ``: ° Franldin County 3 0.JFJi~Cfcmla~~ r S Y E. ;' ~ . u -,,~ Enainesr Date: ~? :. 0.609 ACRE Y.: of Franklin, City.; of Dublin; Virginia Military urve ourtty LL by ee : o.ds G.olf ommuntties,Situated in 'the State of Ohio, Number 3453; :and being out o00 0929 ct conveyed to Edw.ar..._ 0198679, (all references refer, to tfic records of the.=Recorder's record in Instrument Number 2 e ranklin County, Ohio) being more particularly bounded and described as follows: O~c , F Geodetic Survey Monumenf Nicmber 7752, marking , Beginning, far reference; at Franklin County:: . oa , the centerline intersection. of Eitcrman Road with Shier ...ngs . _ Rin Road, a distance of 837.74 feet thence _Nocth 85° 41' ST' East, with said centerline of:Shier gs to a point; 4°.1'8' 03" Easy leaving.said centerline,: a:disGtanoceby deed ofrecord inilnstrur-ient thence South 0 y of Dublin, westerl corner of that tract cornve ed to C a line of said Shiec Rings Road, the True; Point of at a north... Y - t-of Y.. Number 20001 IZI0236365, in the southerly ngh Beginning for this description; with a westerly line of said City .of Dublin; Ohio tract, a distance thence South 04 18 03 East, in set at a corner thereof,:. .... of 1 X0.00 feet to an u~on P s said Edwards Golf Communities, LLC tract, the following:co!~~ and distances: thence acros 5° 41' S7" West, a distance of 164.37 feet to an iron pin get; and South 8 13' 16" Wes, a distance of 160.02 feet to an iron pin set in said southerly right-of way Noreh OS line; . , t-of way line a distance of 166.94 feet;to thence Nortri 85° 41' S5" East' with said southerlymo or Iess. the True Point of Beginning,:containing 0.609 acre of land, a1L le al rights of `h'ays an~0r easements; if any, of previous record. Subject, however, to g are iron pipes, ~irteen-sixteenth (l3/I6) inch inside diariieter, C. ins set, where indicated; ~e initials;EMH&T, IN 0n P (u laced in'the .top, beanng thirty ( ) ~ with a lactic P S P , 30 inches tong . P one Coordinate System as per NAD83. Control :for Geodetic Survey Monument Numbers 5.536 and 7752' Bearings are based. on the Ohio State Pl. - . e arpment, beanngs was from coordinates of Franklin County n established by the Franklin County Engineering D p of South 85 44 20 E~4 having a bearing ..: tem.procedures and equipment, using Global Positioning Sys EVANS, iv13rCH?N?J?T, HpMBLETON; & ~-TON, ~C. p-~~a-~ 0-F fly,"..~ ~~ e ~ l~filler 5~~••°'..a~ p.. p Surveyor No. 7211: o:~L o~ ztr : 1EFFREY A. ~ ~'` Oesc.-tntian C z =r `i: ~ :. hi1U_ER ; ~; ve~+fiea F1~;~~At 7ZI1 ° • ° %± aeon R,incs, P.E., P.S. ~ ~ oj. 7, •'' ``• ~ '` :• Franklin CountyC ~ . z E:~ ~ ~~;o En ineer E~(Ii1B11 0.006 ACRE . of Franklin, :City of Dublin, Virginia Military Survey Situated in .the State of Ohio;: County of Dublin, Ohio .6y deed of record in Number 3453 and being out of :that tract conveyed to City .... Instrument Number 20001121023-63:65, (all rebounded andedesc bedras fol ows: the Itecorde~s Office, Franklin County, Ohio) :being mare particularly Geodetic Survey Monument No. 2752, marking the. Beginning, for reference; at Franklin County centerline intersection of Eiterman Road with Shier Rings. Road; thence North 85° 41' S7" East, -with said centerline of Shier Rings Road, ;a distance of 135 1.91 feet to a point; thence South: 04° 18' 03" East, ,leaving said centerline; a distance of 2972.22: feet to an iron pin set at a corper, of that tract conveyed to Edwards Golf..Co fomthis des npCon deed of record in Instrument Number 200009290198679, tt-e True Point of Beginning ence North. 52° 09' 26" East, with an easterly line : of said Edwards Golf Communities; LLC: th tract a distance of 37.84 feet to: an iron pin set; thence southwesterly across City of Dublin, Ohio tract; with the arc of a curve to the right (Delta 31' S5'', Radius = 512.55 feet) a chord bearing and distance of South 37° 58' 06" W~~ 49.47 feet LLC tract;OS to'an iron pin set in an easterly line of said Edwards: Golf Communities, thence North ~02° 00' 49" East; with said easterly line;, a distance of 15.80 feetao the True point of Beginning, :containing 0.006 acre.:of land, more ar less. Subject, however, to all lega} rights, of ways and/or easements, if any, of previous record. where indicated, are iron pipes, thirteen-sixteenth (13/16) inch inside diarizeter, Iran pins set, the initials glvfH&T, INC: thirty (30) inches long with a-plastic plug placed in the top bearing n are based on the Ohio State Plane Coordinate. System as per NAD83. Control .for Bean ~ Geodetic Survey Monument Numbers 5536 and 7752, bearings. was from coordinates of Franklin County; established by the Franklin County Engineering Department, having a bearing of: South 85 em ' i 0 ~ and ~uipment. using Global Positioning Syst p INC S • •. c' - ~ . 4, EJivl• rte(, ~aPcQP ! ~ T E.ti'~_ ~J.' J ~ 0 •~ Sri: ~,. EVANS, MECHWA:RT, HAMBI.ETON, & TII.TON, 7e ey filler iste urveyor No. 72:1:1 PRELdMiNARY APPROVAL FRAI`JKLIN COUNTY Ef~IGINEERIi\IG D PT. DATe: J~ ~9Y: 0.32 ACRE of.Franklia; .City of Dublin, Virginia Military Survey Number 3453, Situated in the State of Ohio, County deed of record :in Insfniment Number and being out of that tract'of land conveyed Eo City of Dublin;, Oh:~o_ y 200011210236365, (all references refer:to the records of the.Recorder's Office, Franklin County, Ohio) being more particularly bounded and described as follows: Gevdetic.Sucvey Monument Number 7752, marking ahe Beginning, for reference, at Franklin :County centerline intersection, of Eiterman Road: with Shier Rings Road; thence North 85° 41' S7" East, with said centerline of Shier Rings Road; a distance of 2073.92 feet to- a point; . .. . ence South 04° :1:8' 03" Fast, leaving: said centerline, a distance of 1695.75 feet to an iron pin set in a th westerl ..line of that tract :conveyed to Edwards Galf Co ~m intioa; I,l'.;C by deed of record in Instrument Number Y ... 200009290198679; the True Poirit of Beginning forthis P thence with said westerly line, the following courses and distances: South 3.7° 32' 35" East, a distance of 6.49 feet to an-iron pin set at a corner thereo ; South 09° 40' 13" East; a distance of 85:.00 feet to an iron pin set at a corner thereof; South. OS° 15' 38" East, a distance of 1440.00_ feet to an iron pin set at a corner thereof; South 39° 5T i 6" Wes, a distance of 49.68 feet to an iron pin set at a cornerahereof; and South 85° 10'_09" West, a:distance of 9.93 feet to'an iron pin set; thence across said .City of Dublin, Ohio tract, the following courses and distances: North 39° 5T 16." Easy a.distance of 49.57 feet to an icon pin set; and orth OS°. 15' 38" West, a distance of 1530:23 feet to ttie True Point of Beginning, containing 0.352 acre of N land, more cr: less. Sub'ect, however, to all legal rights of ways and/or easements, if any, of previous. record: es, thirteen-sixteenth (13/;1:6) inch Inside diameter, thirty (30) Iron :pins set, where indicated, ate iron pip INC: inches long with a plastic plug placed in the top bearing the initials. EMH&T, e was eariri are based on the Qhio State Plane Coordinate Systeu berse553~nd 7752, having a bearing of B ~ eodetic Survey. Monument N from coordinates of Franklin County G th 85° 44' ZO" East, established by the Franklin County Engineering Department, using Global Positioning So,u System procedures and equipment.: INC iS.G~. sY®~~~a/S7~~ .~Aw JEFFREY. ~. ' . ~` ^. MILLER ; ~; A 7211 ~,• o r„-1t J , E1M.lcm~apr01 • .' • ~ ~~ ~:p EVANS, MECHWART, HAMBLETON; &: TILTON, 3'° PRELIMINARY Ie ,filler APPROVAL e t uraeyorNo.7211 FRANKLIN CQUNTY ENGINEERING`~DE~PT ~ DATE: EY:.i~1~-~- 0.255 ACRE Situated in the State; of Ohio; County of Franklin; :City o.f Dublin, Virgittia'Military Survey: Number 3453, and of Dublin,: Ohio; by deed ' of record in Instrument Number being out of that tract- of land conveyed: to :City 200011210236365; (all references refer. tWS a ,records of the Recorder's Office, Franklin. Counry, Ohio) being more particularly bounded and described as folio Beginning, fot:reference, at Franklin County Geodetic Survey. Monument Number 7752, marking the centerline intersection of Eiterman Road with Shier Rings.Road;.. thenca North 85° 4:1' S7" East; with said centerline of Shier Rings Road; a distance of 2065.78: feet'to a point; thence South 04° 18' 03'' East, leaving said Common tres dts~Ce by 3 deed of ececo d r inn Instrument Number line of that :tract conveyed to Edwards Golf - .. 200009290198679, the True. Point of Beginning for this description; courses and distances: . thence with said westerly line,. the fo owing. . North 85° 09' 04" ~~ a distance bf 10.07 feet fo: an iron:pin set at a corner thereof; South:50° 02' 44" East, a distance of 49.31 feet to an iron pin set at a.corncr thereof;. South OS° 15' 38":East, a distance of 938.64 feet to an iron pin set at a comer thereof; South. 22° 23' 27" West,, a distance of 177.01 feet to an iron pin set at a corner thereof; South 43° 56' 42" West, a distance of 174.71 feet to an_ iron pin set at a comer thereof; and South 68° 32' S6" West, a distance of2.73 feet to an iron pin set; thence across said City of Dublin, Qhio ~~• the :following courses and distances: North 43° 36' 23" East, a distance of 172.69 fees to an iron pin set; North 20° 50' 29" East, a distance of 174.96 feet to, an iron pin set; North OS° IS' 38" Wes, a disrdnco of 939.63 feet to an iron.¢rr- set+:and p,255 acre of land, North 50° 02' 44" West; a distance of 49.4 L feet to. the True Point of Beginning, containing more or less. of previous record. Subject, however, to all legal rigbu of ~+r'aYs an~Or easements, if any, thirteen-sixteenth (13/16) inch inside diameter, thirty (30) inches Iron pins set, where indicated, are irontpc ~ finis EMH&T; INC.. •, long with a plastic plug placed in the top bearing was from Bearing are based on ttie Ohio State Plane Coordinate System as per NAD83. Control for bearings s Monument Numbers 5536 arid 7752, having a bearing of South 85° 44' Geodetic Survey art<nea~ using Global Positioning System procedures and coordinates of Franklin County nearing Dep 20" East, established by the Franklin County Engi O `"O ! L } ~ equipment...TILTON INC 5 e \ ~ t Y ~ ~ f y , !J Ff ~Cf ^. C a 7 ZI Q , r '., o~ ~ gVANS, NIECHWART, HAMBLETON, & , 1 Description Verified Je ~ller Oeart Ringle, P.E., P.S. eo c rveyor No. 7211- Frani<firi Counry Engineer o ,~. 55: A'~N~S C Ou...~o~-~~t,~0 ~ 01. z~~ ~ r 3 3~ EXHIBIT 1.255 A Situated in the State: of Ohio; County of Franklin, City of Dublin, being located in Virginia Military: Survey Number 6953, and being 1.255; acres of that tract of nand as conveyed to the City of Dublin by deed-of record in Instrument Number 2001061301326.58, (all references :being to records of the Recorder's Office, Franklin County, Ohio) and being more :particularly bounded and described as follows: eginning at a mag nail set in the centerline of Woerner-Temple .Road being located North 84° 49' 49" East, a distance of 420.08 feet from Franklin County Geodetic Survey .Monument Box Number 2210 at the centerline.intersection of said Woeiner-Temple Road. and Cosgray Road; thence North OS° 10' 1l" West,.a distance of 30.00 feet to an iron pin found in. the northerly eight-of--way line of Woerner-Temple Road at the southwesterly Corner of that 92.263 acre tract as conveyedao the City of Dublin, Ohio by deed of record in Instrument,Number 20001121023665; thence North 84° 49' 49" East, being along said northerly right-of=way line,. a distance of 964.78 feet to an iron pin: found at a southeasterly confer of said 92.263 acre tract; thence South OS° 29:' 29" East, crossing said road, a distance of 60.00 feet to an iron. pin found in the southerly right=of--way line of said. road; at the northeasterly corner of that 5.347: acre tract as conveyed to .the City of Dublin, Ohio by deed of record in Instnzment Number:20001121023:6365; thence South 84° 49' 49" -West, being along .the southerly right-of--way line of said Woerner- Temple Road, a distance of 857.76 feet to an iron pin found at the northwesterly corner of said 5.347 acre tract; thence North OS° 10' 11" West, a distance of 30.00. feet to a mag nail set in the centerline of Woerner-Temple Road; , thence South 84° 49' 49" West, being along the. centerline of: said road, a distance ~of 107.35 feet to the place of beginning containing 1.255 acres of land more or less. Subject, however, to all legal rights-of-ways and/or easements, if any, of previous record: The bearings are based on the Ohio State Plane Coordinate System as per: NAD83. Control foe bearings. was from coordinates of FCCrS Monument Numbers 5536 and 7752, esfablishing a bearing .of South 85° 44' 20" East between said monuments. EVANS, Iv1ECHWART, HAMBLETON, & TILTON; INC. dt-CY James R. Hill Registered Surveyor No. 6919 JRHan/augo l PRELIMi~lARY APPROVAL FRANKLIN. COUNTY ENGINEFRJNG DEPT. DATE:. lJ :3 a o By ~ ~. 0.5:28 ACRE Situated in the-State of Ohio,: County of Franklin,-City of Dublin, being located in Virginia Military Survey Number 3453; and being 0.528-acre of that tract of land as conveyed to the City of Dublin by deed of record in Instrument Number 200106130532658, :(all references being to records of the Recorder's Office, Franklin County, Ohio). and :being more particularly bounded and described as follows: Beginning at a mag nail set in the centerline of Woerner-Temple Road, being located North 84° 35' 46" East, a distance of 7:02.72 feet from Franklin County. Geodetic Survey Monument Box Number 6629; thence North 84° 35' 46" East, being along said :centerline, a distance of 5.77 feet to a mag .nail. set; thence North : 05° 24' 14'' West, a distance of ;30.00 feet to an iron pin set in the northerly right-of-way line of said road; = thence North 84° 35' 46" East, being along the northerly right-of=way line of said road, a distance of 391.81. feet to an iron pin ,set; , .. thence South 39° 51' 28" West, a distance of 6.73 feet to a mag nail set; thence South 09° 01' 20" West, a distance of 57.07 feet to an iron pin set in the southerly right-of way line of said road; thence South 84° 35' 46" West; being along the southerly right-of-way-line of said road; a-distance of 378.59 feet to an iron pin found at the northwesterly corner of that 13.067 acre tract as :conveyed to the City of Dublin, :Ohio by deed of . record in Instrument Number 20011210236365; thence North 05° 24' 14" West, a distance of 30.00 feet to the place of beginning, containing 0.528 acre of nand, more or less. Subject, however, to all legal rights-of--ways and%or easements,: if any, of previous record. The bearings are based on the Ohio State Plane Coordinate System as per NAD83: Control for:. bearings was from coordinates of FOGS Monument, Numbers 5536 and 7752; est~~listilli,9•a bearing of South 85° 44' 20" East between the monuments. E .. 0 F ' P~..-: -• . °y~•;. EVANS, MECHWART, NAMBLEI-ON, & TILTON,=INC. JAMES:. ~ "; a, a ~ PRE.LIMI OIILL = ,~ - "`.~ APPROVAL F S-B919 ~ = . James R. Hill -FRAf~KLIN Crt G••. ~ s z ~,.•o ~.'- Registered Surveyor No. 6919 JNT~- R ~ ~ ,~ ~~,, l ENGINEERING DE°T. fpoh ~~N,NNN,~, . 1 DATE: ~~ ~ /- CifbSSv{ °''1fr O..I18 ACR1E Situated in the Stateof_ Ohio, County of Franklin, City of Dublin, being located in. Virginia Military Survey Number 3453, and being 0.118: acre of that tract of land conveyed to the City of Dublin by deed of :record in Instrument Number 2001Q6130132658, (all references being to records of the Recorder's Office, Franklin: County, Of1io) and more particularly-:bounded and described as follows: Beginning at a mag nail set in 1lVoerner-Temple Road, being located North 53° 21' 07": West, a distance of 32.90 feet. from Franklin County Geodetic Survey Monument Box Number 6630; thence South.85° 14' 02" West, a distance of 330:00 feet to a mag nad set at a point o curvature to the left; thence with the arc of said curve (Delta = 41°: 50' S9", Radius =:175.00 feet) a chord bearing and distance of South 64° 18'32" West, 125.00 feet to a mag nail set; thence North. 46° 36' '57" West, a distance of ..63:.32 feet to an iron pin 'set in the- northerly right-of-way line of said road; thence~North 84° 35'46".East, being along, the northerly right-of-way line of said road, a distance of 497.09 feet to an iron pin set at the southeasterly corner of that 9:2:263 acre tract conveyed to the City of .Dublin, Ohio by deed- of record in Instrument Number 200111210236365; thence South 40° 14' 02" West; a distance of 11:39 feet to the place of beginning, coritaining 0.118 acre of land; more or less: - Subject, however, to all legal rights-of-ways- and/or easements, if any, of previous record. The bearings are based on the Ohio State Plane Coordinate System- as per NAD83. Control for bearings was from coordinates of FCGS Monument Numbers 5536 and 7752, establishing a bearing of South 85° 44' 20" East: between the monuments. PRELIMINAR`( EVANS, MECNINART, NAMBLETON, &TILTOIV, INC. APPROVAL FRANKi_IN OnUl~~ITY ~~~ a~ i I ocT o ~ENGlN~~RiNu DEPT. DATE: 2 cl aY: ~' J 1Matthew A. Kirk Registered.Surveyor No: 7865I~i~.i ow(~. - ~~~ .. ~~ ' ~~itits~ ~-vv~n~ .~ i ~~~ wi:opvoa of g'~P~E OF ~y/D pTti~iEWA 7865 ~ 4 O O~ ~EGrsTEa~~ J~ SS~ONAL S~~ . 0.664 ACRE Situated in the State, of Ofiio, County of Franklin, City of Dublin; being' located in Virginia Military Survey Number 3453, and being 0.664.acre of that tract of'land as conveyed to the City of Dublin by deed of record in Instrument Number 200106130132658, (all references being to records of the Recorder's Office; Franklin County, Ohio) and:being more particularly bounded and described as follows: Beginning. at an .iron pin set in the existing southerly right-of-~uvay line of Woerner=Temple Road at the northwesterly corner of that 2.512 acre tract as conveyed to the City of Dublin, Ohio by deed of record in Instrument Number 200011210236365.; thence North_16° 18' S2" East, crossing said Woerner-Temple Road; a distance of 64.80 feet to an.;iron pin set' in ;the northerly right-of=way at the southwesterly corner of that 41.273 acre tract as conveyed ao the City of Dublin; Qhio by deed of record in Instrument Number.200011210236365.; thence North 84° 07' 14" East, .being along the northerly right-of--way line of Woerrer-Temple Road, a distance of 294.83 feet to an iron. pin found at a point of curvature of a carve to the right; thence southeasterly continuing along said right=of--way on the arc of said curve (Delta = 32° 3 ' SS", Radius = 3U2.:84 feet) a chord bearing and distance of.South 79° 33' 39" East, 170.1'6 feet to an iron pin set at the southeasterly comer of said 41.273 acre tract; thence South.05° 15' 38" East, crossing said Woerner.-Temple Road; a distance of -74.58 feet to an iron pin set in the southerly right-of-way line of said road at the northeasterly corner of said 2.512 -acre :: tract; thence northwesterly along the southerly right-of-way line of said Woerner-Temple Road on the arc of a curve to:.tihe, left (Delta = 42° :00' 11", Radius = 242.84 feet) a chord bearing and distance of North 74° 52' 31" West, 1.74.06 feet to an iron pin_ found at a point of tangency; thence South 84° 07' 14" West, continuing along said right-of--way, a distance of 319.30 feet to the place of beginning, containing 0.664 acre of land, more or less. Subject, however, to all legal rights-of--ways and/or easements,. if any; of previous record. The bearings are based on the Ohio State Plane. Coordinate System as per NAD83. Control for bearings was from coordinates of FCGS Monument Numbers 5536 and 7752, establishing:a bearing of South 85° 44' 20":East between the monuments. VANS, MECHWART, HAMBLETON, & TILTON, INC. JRHartJau~O l James R. Hill Registered Surveyor No. 6919 F'FiELIM1-NARY APPROVAL FRANKLIN :COUNTY ENGINEERING DEPT DATE: 6 I ~o o ~BY: 0.045 ACRE Situated in the State of, Ohio, County of Franklin, City of Dublin, being located in Virginia Military Survey Number 3453; and being 0.045 acre of that tract of land as conveyed to the .City of Dublin by deed of record in Instrument Number 2001'06130132658, (ail references being to records of the Recorder's Office, Franklin• County, Ohio) aricl being more particularly bounded and described as follows: Beginning at an iron pin set in the southerly right-of--way line of Woemer-Temple Road at the northeasterly corner of that 23.598 acre tract as conveyed to the City of Dublin, Ohio: by deed of record in . Instrument Number 200011210236365; thence South 84° 07' 14" West with said southerly right-of--way line, a distance of 92.15 feet to an iron pin set; thence with the arc of a curve to the left (Delta = 02° 30' 16", Radius = 512.55 feet) a chord bearing and distance of North 36° 28' 10" East, 22.40 feet to a mag nail set; thence North 52° 09' 26" East, a distance of 42.16 feet fo a mag nail set; thence with the arc of a curve to :the right (Delta = 03° 18' 44", Radius =.865.00 feet) a chord bearing and distance of South 52° 47' S2" East, 50.00 feet to a mag nail set; thence South 51.° 08' 29" East, a distance of 6.71 feet to the place of beginning containing 0;045 acre of land, more. or less. Subject, however, to all legal rights-of--ways and/or easements, if any,. of previous record.. The bearings are based on the Ohio State Plane Coordinate System as per NAD83. Control for tie~jpgts,~yvas from eoordiriates of FOGS Nlonnment Numbers 5536 and 7752, establishing a bearing of utlt}8t5° ~4;, 20" East between: the monuments. y JAMES . ~ "" EVANS, IvIECHWART, HAMBLETON, & TILTON, INC. R. ° F 5-6919 ~°: ~ v"~--YY" J' ~' c _~ s ~ ~-~ ' ~ . James R. Hill G R ~ ~E ~ ~(.~,.,'~ Registered Surveyor No. 6919 JRHab/Oct01 PRELIiV1iNARY APPROVAL rRANKLIN COUNTY ENGINEERING DEPT I DATE: lb ~ 6Y: -~_ Apr ut' SorC' -6,',lY 0.878 ACRE Situated in the State of Ohio, County of Franklin, City of Dublin, being located in Virginia Military SurveyNtiinber 693, and being 0.878 acre of that tract of land as conveyed to the City of Dublin by deed of record in ]nstrt.iment Number 200106130132658, (all references being to records of the Recorder's Office, Franklin County, Ohio) and being mote particularly bounded: and: described as follows: Beginning at an iron pin found in the southerly right-of--way line of Woerner-Temple Road at the northwesterly corner of that 2-1.710 acre tract as conveyed to the. City of Dublin, Ohio by deed or record in lnstrument Number 20001121023636; thence North 30° 43' 33" East, crossing said road, a distance of 61.OS feet to an iron pin found in the northerly right-of-way line of Woerner-Temple Road at a southwesterly comer of that 92.263 -acre tract as conveyed to the City of Dublin, Ohio by deed of record in Instrument Number 2000:1 12 1 0236365; thence southeasterly along said right-of--way along the arc of a curve to the right (Delta = 43° 36' 02", Radius = 302.84 feet) a chord bearing and d.'-,stance of South 47° 00' 14" East, 224.93 .feet to an iron pin found at a point of tari'ency; thence South 2~° 23' 48" East, continuing along said northerly right-of--way, a distance. of 104:06 feet to an iron pin found at a point of curvature of a curve to the left; thence southeasterly, continuing along said northerly right-of-way along the arc of said curve, (Delta = 67° I2' 04", Radius = 242.84 feet) a chord bearing and distance of South 58° 59' 40" East, 268:78 feet to an iron pin found in the easterly line of Virginia Military Survey Number 693 at a southeasterly comer of said 92.263 acre tract; thence South 03° 45' 37" East, crossing Woerner-Temple Road along said easterly lute, a distance of b0.01 feet to an iron pin found in the southerly right-of--way line of said road at the northeasterly corner of said 21.710 acre tract; thence northwesterly; being along the northerly right-of--way line of said Woerner-Temple Road on the arc of a curve to the right, (Delta = 67° 2~' SS", Radius = 302.84 feet) a chord bearing and distance of North 59° 06.' 36" West, 336.20 feet to an iron pin found at a point of tangency; thence North 2~° 23' 47" West, continuing along said northerly right-of--way, a distance of 104. l7 feet to an iron pin found at a point of curvature of a curve to the left; thence northwesterly,. continuing along said northerly right-of-~vay, on the arc of said curve (Delta = 46° 00' 23", Radius = 242.813 feet) a chord bearing and distance of North 48° 11' t l" West, 189.80 feet to the place of beginning, containing 0.878 acre of land, more or less. Subject, however, to all legal rights-of--ways and/or easements, if any, of previous record.: The bearings are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of FCGS Monument Numbers »36 and 772, establishing a bearing of South 8~° 44'.20" East between said inontiments. p ELIMINARY APPROVAL FRAN EERlNG DEPTENGIN DATE: ~ 3 ~ 101 BY~~ ~%_..r.1.r.-- JRHam/aus01 EVANS, MECHWART, HAMBLETON, & TILTON, INC. James R. Hill Registered Surveyor No. 6919 ulc NG(NEBl2 1 bUlYBi~lb NNA, aNfU 17210 0 500." Gig owai I _ , ; ' GRAPH/C SCALE I}-- ( lN FEET)------/r~WN_ri.. " I 1 sss Ae. fA. OV ~ ~ Mb . taco' cd.~+ ~~1°'lu.:~ui ane Aa faR l... . ewi]N- lu~:r cGZ1 Ye. MIN. A a cpw SURREY OF .ACREAGE PARCELS LOCA'7FD /N V/RG/N/A M/L/TARP SUR IiEY NOS 3453- & 6953 CITY OF DUEL/N, DELAWARE COUNTY, OH/O OCTOBER 17,.2001 I,,. ~d,.~n~l. N. ]00°llxlaWJW V I Nalc ~ Pr~iv, Y wcvld D~~ I~ I K. es-fn. 1 I~ I r eoo-+~ Ixs I`., /K A07W1x1a10lNC1I .61Ye A.. f~ °dF Cb,,,,A.,llky ur 7.D0T Ac Io[d r.le~l.i ~ alE .stl.IRa. ~` r(1 60A1 4a ~ Ac ©`Ti Odle fk aNf Act 11 ir, I 1 ~ ~T' ~j]J Ac ~\ IN ]Jpp11x1atMJ]J / \ 1 I fa.a'Qr w/ f?a°aA..II/R Ite . miiairx M~ ~~ /~ ~ F~~ 7 4$ yaayG~I PPPn t~ ~~Macbfa dM xmoas]xoaw'm prx-ellelJa I.DM A.. FTJ _._~._ aQ/J A t/R J°W/Ix1a7JrJC! T4. !°-- r••• .. 'l.L~ 1Im ~. I~-I R I ~ TI T IM - - - - .. - ~ Q~ + Y9 Nalr r a.A~ a , P5b 60N Ac \\\ J _ ~ ~ ~ ~ ` ~ ant \ 'R mmn acWee tK. AocQ°nolsmlr .. ua IJr .~ foMl . ® .. ad.l ~ I uc aoalalJa O rcfu .rr ~ ._~ ae Ac ss.yN U..'M~ a! Ac I ane A \ /. Gar eK- LH M....yYW LLc' r.LG3 Nn ® ® I IOri e a I ~ [MEr ad/ M/!L ~ ... . 1 !~ ]pp°arf]e1rQTlf ggvv~r~~ IN ]°°r/oJ G~9/f. I IIa1J1 Aa (aIF/ lea fRr •/nm~ QA+ ~ ~ _ I 4]Y- I 6R RIJ I Y]xe AC (f~P/ ,~\. r N~ ~fa~Y71'b' . ad. N. 1 a19•IJ]YPM. ll.Te Aa r I I I Ix xpoo11x1aJJaJrr : on°'°y4w " I ' 1 fN. JYl]II]14PJ611i ' u I I _I L - - I °iar10m'°"'(r~ls I I.~^II. I a N~ i. p~f~ ~ ® ®~ ° eA..+l. liar aa..+/u.a uc p I Irld. .~:Miiiai e• ~~~'y~p~ p>.arJOir ®ler~i.. ~sa~~~.~r 1''ilar~x°k~f~. ~ I I... -~ I I3 I 7 Qi~n.l®lab~!'M MJrter ~Tr ~ ~~ I II O~+o ( ~ I 1 ..p~rr~~ aa.aa'. ®~ ®]~s~u I n".avraex°~` I 1 , I 0 ~ N'' ~~ ~3- ~ ~ aa~&S7 r ev:t°wn]IarxJas .. I I . N~yg Ir e.m+uYr I 9J]Y r ' p"~LN' ®YIA11~ owr .a brnm'. pl ~ ~ ~y _ e-+nrt.' ®~°~~ ®~eil ®~a ?°..]°'r n : ~: ar I ~ ...~ -~~ ~I pae°°°ooa.eee - Y I. . a.N p JN~N~ c.s.rsnrn'r .arzrn• ®~ ]~„ ~ o : r~AC Nei[ m °°jp0 ~ Q F e ` i° e _ -~ - -- C~ ~ 1- - - pq.ySIYOL -7L71~ 00~1]Aa1' A p.ytN' I . u ax f.a -'~ - a~.,mlr ., ng.SNSYN7 I :: ;~ K~C.a n~a. I °° ~p~,.......... ~y, o - - - - e.ffiN o ar..mm' v aarrN• ussd .. ly/r In s.. .... . O'1II1D~ O ~, vn]v ® N91~ . ®° .. N.. Iv....bd a]u[ =- I - - - - - - - _ ~ ~ ,F JAMES .R. *~ a . E.M.H.&T. INC. - ao.wc r _ o -a ; HILL 1 I ®a.9NDr ®~~ - - - - ,\_ _ - - - -' - - ~ ~ No'e.ImA~fb^^'^Rr" ~' NrJatar I na~n]]]>$a] °s ~ ~' ~ 6919 ~ O 8 I ama~ ~ I~ na:mxsat.Jr I . oeFS . /gTE ~o°P y' ' I$ L o TONAL 5°°°°°° Professional Sucveya .'No. 6919 EDWARDS LAND COMPANY/20010936.01/1936BV5~ EXHIBIT: 92.263 ACRES Situated in the State of :Ohio, Counry of Fianklirz; City of L?ubiin; Ytiginia Military Survey N~rmbers 3453 aad 6953; being pan of ~ tract of:iand conveyed :to Edwards Goif Coaununrtres, LLC by deed of record is Inssttrtneat Nurnber~°ado4zl°-1at71, (a1l:refecenees being to the records of the Recorder's Office, FrarrkIia County, cularl bounded and desenbed as follows • Ohio) and mere pare Y . Beginning, for reference, at Franklin Counry Geodetic Surny Monument Number 2210, at the centerline mtersectioa of Cosg~y Road acid Woerrcer Tearple Road; thence North 84 •49' 49"- Easy with the centerline ofsaid Woerner Tetrtple Road, a drstancc of 420.08 feet to. a point; :. ihcncc North-OS°-.l0' 11" Wcst,.Icavirsg said centcrtuse,. a distance of 30.Q0: feet to an iroa piri set at the in for this deuztption;True Point of Beginn g thence crossing said Edwards Golf Communities, LLC track the following courSCS and distances: N`orch OS° O 1' S6° SVcst, a d'istatice of 118958 feet to an iroa pct set; North 18°,17' 34" East, a distance of 166.17 feet to an iron pin set • North d0° 11' 44° East, a d"utariee of 164.93 feet to an iroa pin set; North 64° 04' 01." East; a d'tstariee'of 164.88 feet to an iron gin set; - North 84° 45' 03" Easy :a: dtstarice of 91.60. feet to:an iron pin set; • South OS° 14' S7^ East, a d'istarice of-10725 feet to an'iron pin set; South 19° 36' 38" Eat; a;d'utanee of380.00 fca~to an isoa pin set; . South 38° 31:' 19" East, a distance of 140.09 feet to an iron pin set South 73° 20' 47" East;: a distaace of 170.00 feet to as iroa pia set; • North 71 ° 34' 12" Fast, a distance of 139.19 .fed to an iroa pia set; • North 51° 28' 10" East, adistariee ofSS0.00 fed to an iroa Pia set ' North 28° 07' 43~ East, a distance of 110.60 feet to an :trop pia set; • South 65' 30' IS" Ease, a:distanec of 16125 fee! to an iron pin-set; North 84° 4S' 03" Fast, a distance of280.00 feet to as ubn pra sc~ Sotiill OS° I4' S7" F~ ? distance of.185.00 feet to an iron pin set; South 35° 3T 14" East,•a distance of 170.00 feet io an :trod pin set; ~ • South 59° 47' 16" Fast, a distance of 150.00 feel Eo an iron pin set;. . South 83° _46' 13" Fast, a distance of f4S.00 feet to an icon pia set; . 92.263 ACRES 2- 0 " East; a distance of L 85.00 feet to an iron pin set; :: . North 72 31' . 9 a distance of 235..00 feet to an iron pta set; • North 40 43' OS Eat :: . North 70° 42' S3" Fast, a d'ssrarsce of 123..69 -feet to art iron pin set:; :: North 30° 30' '17" East, a d"tssartce of 154.03 feet to an iroa. pin set; North OS° 14' S?° West, a distance.of 180.00 feee to:an iron pin set; : • Naith. 22° 29' 26"~ W~ a distattee of 1 S 1.82 feet to an iron pta sc a distance of •175.00 feel to an iron pin sets North 69° 20' 02" East; . • • ' n ~ e le a dtstanee'of 180.00 feet to an iron pin set o the ar of a curve La th f~ North 27° S2' I2" East, ::. with the arc of:said curve (Dtita a 13° 14' 07', Radius = 1535.00 feet) a chord beariag'and distance of Soutft 24° 48'.29" East, 353.80 feet to an :iron pin set; South 31° 25' 32" East, a distance of 788.60 fees to an iron pin.seE at.a point of curv-eture to :the.right;' d drsiatt with the arc of said curve (Delia = 26° 39' 34", Radius :° 1:165.00 feet) a chord :txartno an ce of South 18° OS'.45° East, 537.1.9 fed to an iron pin set; . a: distance of S 10.00 feet to an-iron pin set; acid . South 04 45: ~8 East, . South 40° 14' 02" West, a. distance of 2395 feel to an iron pin set in tho aoctherly. nght-of-way line of WocrneY-Tcmple, Roast; • thence South 84° 35', 46° wad ~~ said aorthcriy t~ht-of ~?raY ~~• a ~a of:101270 fed to an irna ' P~~. ::. the foIIoi~vino courses and distances: thcace tossing said Ed`rdrds Goif Comatunities, LLC tract, North 03° 45' 3T" War, a distance of241?9 feet to an iron p~n.se~ := - North 58° 30.' S3" West, a d'utartee:of 8927 foci to as iron P~ ~ South 84' 3S' 4'6" West, a distattee of 150.Q0 feet.to as iron pin found; North 04° 11' 18" West, a d"cs~rtee of 97.10 feet to an iron pin set _ ~ . South 85° O1' SS° Wat; 3:distattce of496S4 feet to as iron pin set; and ' South 03° 45' 37° East, a distance of 395:32 feet to an iron Pin sei in the northerly ri8iit-of way ruse of W«rner-Temple Road; . thence with said northerly t•ioht~f--way line, the fo[lowino courses and d'~stances: ri~hc Delta 67° 12' OS": , Radius ° 242.84 fed) a chord lxarino and dance with the arc of a curve to the ( _ - . of North 58' S9' 41° Wess; 268.78 feet to an iron pin set; 92:263 ACRES in set at a point ofcurvature tpahe ,e..., an 25° 23' 47" W~ a distance of 104.06 feet to an ~ron.p ofNNorth - •:::. dies ° 302.84 feet) a chord beating and distance arth 43° 36' ~". th.thc. arc of said curve (~i~.: . 47° 00' ;14' West, 224.93: feet to an irod pm set;.. o courses and distances' . a following .C trad:th said Edwards; Golf Gommuniucs, LL thence crossing o fees co an:iroa pin set; :-. North 30° 43' 44'' East, a durance of 4393 to an iron pm se • a durance of28000 feet r North ° ~ west..:::05 43 O1 Q0 fcct to an iron pin set;:. ,: North 43° 29':02".• W~ a distance of 190. in a:distance of 180:00 feet to an iron p ' north 74° 5I 00 wit, .... in set; a donee of 180.00 fret to an iron p South 69° 52 44: West, r • a disianee of 380: fed to as itoa pin set; and . South 32°. 34' S 1 w~ ri t-of-~Y lie of a distance of 469.03 fed to an iron pin set in the northerly ~ . South OS 29' 3i E~ yVoana Tcrtsgle Road; ~ a distance of 964.78 fed to the ?rue T yyzvt, with said naRherty rsght-0f ~"~y line, more. or less-thence. South 84° 49 ~63 acrrs of land, I?airit of Beginntno. containing eyious:record_ c however, to all legal-rights of ways ~°C caserrtenrs' if anY. of>x 3 Subs . ct. NAD .Control on the Ohio State Plane CoordinataSystcm as per:. 8 a bearing-of Sa~tth.85° 44' 20" East, Bearings for this description a,ra based . was from ~pp~"inates of Monuments 5536- and~girtersinDcp~tmeat. :. for bearings established by the F~nlclin County between said _mocuments, HANB~TpN do TILTON, II1C- EVpNS, MECF-IWART, • - .. air ~' ~ 2~ s~ ~'° M~i~ A ~e or No. 7865 Registered S~ Y - . • q,~ 0-`ll-•~ `' i„utc~ixQ~ (alt t~rc MAT[HE11Ya R1C CZ-~ 3 ~7865 0 sSi • ~J ~ ~~ Q. L S PP~L1MIl~ARY ppPROVAL D~criptian - Verified - e, P E. P.S. FRANKLIN 000NTY - Dew EhG[NEERING DEPT.:: Franki-n County l • Engineer DATE BY: Date: ~- ~ v 41-273 AGRF.S Situated is the State of Ohio,: County of FrsaIclin,; City of Dublir~ V'irgiaia Military, Survey Number 3453, being part of that tract o£ land conveyed to Edwards Golf, Coaunun3ttes, LLC :by deed of record, to Instrument Number.. alI references beizig to the records-ofthe Recorder's Office, Franktta County, Ohio) and more particularly bounded and desmbed as follows: - 3cginaing, for reference; at Franklin t:ounty. Geodetic Survey Monument Numbs 663 i is the centrriiae of . Wocnicr-Temple Road; ' thence;North OS° 52' 46" West; leaving-said centerline, a distance of 30.00 feet to: an iron pm set is the no er right-of-may line of Woerner-Tempk:Road. for this deseriptYOn' ~ . thence South 84° 07' 14" West', with said northerly right of way line, a distan« of 294.82 feat to an iron pin set; thence crossing said Edvrards Golf Cotntnunitics, I:L;G trod, the following courses and distances: North 16.° 18' S2T East; a d"~aee of:I3?~8 feel to an iron;p~a se North 03° 4T 43" East, a dutanee' of 570.00 feet to' an iron pin set; Noah 43° 22' 12" West; a distan« of 120.00 feet to an iron:gin set North 70° 10' I2" West; a distance of 105.00 feel to an iron pin set; - South 79° I4' 40" West, a distance of 110.00 fact to as iron pin set; South 56° 14' 32" Wcst; a: distance of 570.00 feet to art iron pin set; South 21 ° 23' 44" West; a distance of 320.00 feel to an iron-pin set; South 85° 14' 02" West, a distance of 127.00 feet to as iron pia sc~ North 49° 45' 68" '9yest, a distance of 4930 feet to an iron pin set; North'04° 45' S8" West; a distance of 22208 feet to an non pin set at a.point of carvat~e to the lc with the arc o€:said curve (Delta' 26° 39' 34", Rad"nis = 1235.80 feet) a chord bearigng and distaa« ofNortit 18° 4S 45" West, 569.47 fed to as ixva pia set - . North O I° 38' I4" East, a dtstaaee of 260.00 feet to an iron p~ set; North .I9° 41' SS" East; a distance of 481:79 feet to as iron pm sc:; .: North 04° 18' 03" West; a distance of 280.00 feet to _aa iron pin set; Sooth 88°: 04' I9" Wry a disranc~ of476.64 fed to an iroa~pia set ai a point of aarratzae w the rig$t; . with the arc of said ezsve (Dena ° 159° 54' OQ"s Radius = 75.00 fect~ a chard bearing sad dtstance ofNarth 11° 58' 41" ~rRest, 147.70 feet to an iron pin set; _ • Noah 67° 58' 19" East, a distance of 750.47 feet to an iron pin set; North 04° 18' 03" West,, a distance o€265.00 feet to as iron pin s'ct; South. 8S° 41' S7" West, a distance of 160.00 feet to an iron pin set; 4173 ACRES Z- North 04° 18' 03" Wat,.a distance of 160.Q0 feet to as iron pin set; . a distance of 67:1:13. feet to as iron pm S~ North 85° 4_i'-57" a distance of 285.00 feet to; as iron pm set; South 04° 18''03" Eat, South 85° 41' S7^ 17Ves~ a.d"~stanee of 270.p0.fect to as iron pta set South 52° 20' 08" West a distance of 170.00 feet to an trop pin sc~ South IS° 45' 27^ ~~' a.dtstance of 140.00 fort to an iron ptn sc a distance of 600.00 feet to.an iron pin set; South 04° 18' 03"-East, South 09° 29' S5" V7cst; a dis;anco of 585.00 f«t to as iron piri set; South 43 ° 39' 00" East, a d'LStaace o f 195.00: feet to an aoa pm sci; North 85° 41' S?" East; a durance of 140.00 feet to as iron pia set; Noah 52° OT I5" East, a distance of 720.00 fees to as iron pia set; • South 7Z' S9' O 1" East, a distance o f 235:00 feet to as iron pm set; South 37° 32' 35° Easy a dis[atice of 155.00 feel to as iron Pin set T a d"LStaaec of 85.00 feet to as iron pm ~ and South p9° 40 13 East, Souti~ 15' IS' 38^:East', a dtstaace of 113558 feet to an iron pia: set is the northerly rigjzt-0f-v~cay Iine of Woctna- Tempte Road oa the arc of a curve to the Iefl; thence with said northerly rig}tt-of-vray 1'me and with the arc of said wave :(Delta s 32° 3T SS" , Radrtrs a 30284 . feet) a chord bearing and d'tstaace of North 79° 33'40", 170.16 feet to the TruePoiat ofBe~tniag. con~S 41Z?3 aces ofTarid, more or less_ Subj~ lzowever, to aII Iegal rights of ways aadlor easeaicats, if ~Y. of pravious rerard. • don arty based :ott the OIuo State Plane Coordinate System as Fa rIAD83. Control for Bcariugs for this, dcscrip a of South 85° 44' 20" Easy betw~ said Ong, was.~om:coordiaates of Monuments 5536 and 7752, lzaviag b~rmg tnonutaeats established by the Franklin County Engineering D~~' EyANS, MECHWART, HpryBLEFON do TII.TO~Ir IN l l - ~ pesrsiPtian pst7rt Rir~, P.E, P_S. 3~ Fratt~nCotinhf MatitiewA.lCir3c S~A~~ p~'~y,Ot~ir,eer Reg~Stared Survryor Nc. 7865 c ~ 6 oatt3: 1~ PRELlM1NARY ~ ~ A i00 APPROVAL ~ 7~ ~ 1.l o-~ o FRANKLIN COU~tTY ~o,~, sEQ~~~o ~~ - ENGINEERING DEPT. ~ssipNAL 5~~. 13:067 AexEs Ci of ,Dublin, Virginia Military SurveySittiatcd -in the State :of Ohio, County of Frankhn, ty Number 3453, being Part of that tract of land ~convey~d to Edwards Goff Communities, :ZLC by deed of record in Instrument Numbe;~~zao1 gg4~ , (all references being to the records' of the Rccorder:'s pffce, Franklin County, Ohio) and more particularly bounded and descn~bed as'follows: Beginning,:for reference, at Franklin Coirnry Geodetic Survcy.Monumcrit Number 6b29, in the centerline of Woerncr-Temple Road;: thence North 84° 35''46" East, with said centerline, a distance of 702.73 feet to:a point;' South OS° 24'. 14" Fast, ieavtng said centerline, a dutartcc of 30.00 feet to as iron pint set la=the southerly right-of-way line, of Woemer-Temple Road: at-the True point of Begirining~for this,: description; thence N:orcli 84° 35' 46" East;.with said northerly right-0f-way Iine,.a distance of 378:59 feet to an iron pen-set; tEtericc crossing saidEdwards Golf Comrituniiies, LLC tract, the.foiIowtng courses and dtstancer. South 09° O1' 20" West; a diistance of 9725 feel to an iron pin set; South 00° 58' 32" East, a distance of 260.00 feet to an iron pin set; South 02° 55' 30" Wcst,.a distance of 220:00 feet to an iron pin set; South 73° 26' •34" East, a distance of 110.00 feet to an iron pin set South 58° 3T 34":East, a distance of 110:00 feet to an iron pin set; • North 89° OI' 28" East, a distance of 105.00 feet to an iron pin set . North 63° 40' 42" East, a distance of 105:00 feet to an iron pin :set; South 1,7° 25'.25" F'~ a distance of•i30.00 feet to: an iron pin set; • South 48° 42'• 14" East, a distance of 45.00 feet to an iron pin set; South 73° I9' OS" East, a distance of 200.00. feet to an irfln pin set; North 65 ° 15' 24" Fast, a distance of I4Q_00 feet to an iron pin set; - South 03° I9' 41" West,:a distance of 203.37 feet to an iron piri sat at a point of curvature to the . • lcf~ with ahe arc of said curve (Delta -= 40° 33' 45",:R,adius = 1935.00 fee:) a chord, bearing, and distartcc,of South 03° 02' 48" West, 19.00 feet to an iron pin set; South 84° 49' 24" West;.a distartcEof 940.00.•feet:to as iron pin set; 1: 13.067 ACRES . ' 2- 28" West, a distance of 665:50 feet to an iron pin set;. North 09. 3Z :. North 03° 45' 37" Wes: a distance of 400.OQ feet town iron pin set; and.' North 02° 34' 4T' East, a distance of 53.90 feet to the True Point of~Beginning, containing 13.067 acres of iand, more or less.. to atl Ie aI rights of ways andlor easements, if ~Y. of previous record_ SubjccL, however, g Bearings for this descri lion arc based.on the Oh~o:~taie-Plane Coohavinc a~tbearing off South 85° Controi for bearings was from coordinates of Monuments 5536. an 8 44' 20" East, betwecn:said monuments atabiished by the Franklin County Engineering Department. EVANS, Iv1EGHVVART~ HAMBLETON & TIL?ON; INC. Matthew: A;;Kirk Registered Surveyor No. 78b5 5,~~~E OFO,y/o at~tK~xv~ MATfHEWA 0 Z ~ssr~lYAL S~~~~C ~3~~ • t 0~~3 oes~paan • v~zd - Vie: PE, rs. - - 1=rtarz~r t sta. PRELIMINARY ; .: APPROVAL FRgNKLlN: COUNTY r,roT 23598 AC Situated in the State of Ohio, County :of Franklin, City of Dublin, Virginia Military Survey 3~lumber 3453, being part of that tract of.land conveyed to Edwards Golf Communities,: LLC by decd of record in Insirurrsent Number1oe°o4•a,otalc94 (alI references being to the records of the Recorder's O~cc, Franklin County, Ohio) and more parEicuiariy bounoed and described as.follows: Beginning, for refcrencq at Franklin County Geodetic Survey Monument Number 6631 in the. centerline of Woernet-•I'amPle Road; thence South 84° 07' 14" West, with said :centerline, adistance=of 48 i13 feet to a :point; . thence South 05° 52';46" East; a distance o£30.OO:feet to an iron in 'set in the southerly right-0fP way line of said Woerner Zcrnple Road at the True:Point of Begisuting for this description;:.. thence crossing said Edwards Golf Communities;:LI.C tract, the following courses and distances: outh;Sl° 08' 29" East, a distance of 31494 feet to an iron pin set at a point of curvature to the Ief~ . . with the arc of said :curve (Delia = 43°: 41' '22", Radius =:53.5.00 feet) a chord bearing and d" once of South 7Z° 59' IO" Eas-t,.a distance of 39.8.14- foet~to an iron pin set; North 85° 10' 09" Ease, a distance of 15.11 feet to an. i;on pin.set; Sotiih 50° 02': 44" East, a distance of 4931 fcet:ta an iron put set; Souk OS° 15' 38" Ease, a distance of 938.64 feet to an iron pin set; South 22° 23':26" West, a distance. of 177.0 I fat to an iron piii set; • . South 43°• 56' 42" West, a distances of 174_70; feet to an iron pin ses; South 68° 32' S2" West, a distance of 174.70 feet to an :iron ,p in sci • North 86° 50' S8" West; a distance of 174:70 feet to an iron pinact; North 62°:44' 12" West, a d'isrance of•I75.04 feeta4:an iron pin see; ~ • North 45° 00' 00" West, a distance of 3 18.63 feet to an iron :pia set; •' • • North 51° 36' S0" West, a distance of I22.97 feet to an iron pin set; North 68° 45' S4" Wes, a distarsce of 12214 feet to an iroa pin set; . North 77° 48' S6" West, a distance of 122.43 feet to an iroq pin set; . South 89° 08' 22" West, a distarcce of 234.98 feet to<an iron pin set; z359s ACRES 2- North 03° 19' 41" East, a distance. of 228.37 feet to an iron pin sef :at a point of:curvature to the . Left; .. _ ' . . with the' arc of said curve (Delta 03° 43' 16", Radius = 1925.00 feet) a chord bearing and distance r 125.00 feet to an iron pin set; of North O 1 28 03 Fist, . North.85° 14' 02" East, a distance of 505.00 feet to an iron pin set; a distance of 30726 fat to an itoa pin set; - South 47°..1.1' 42" .. ... n a .distance of 48127 fcec to' an iron pin set; South 34 29. 19 E~ North 27° 00' S4'` East, a distance of 225- fit to: an iron pui set; , North 08° 21' 28" West, a distanca of 465:00 feet to an iron pin Set; a distance of 790.00 feet to an iron pin set; ' North 34° 15' 58" West,: d Aortic 02° 03' 32" East, a dutartce of 75.00 feet to an iron pin se an orth 5.2° 09' 26" East. a distance of 655: feet to an iron pin set in the southerly right-of-way line N. of Wocrnar-Temple Roa ; with -said southerly tight-of-waY line, a distance of 103.60 feet to Hence North 84° g7' L4" East, the True Point of Beginning, containing 23548:acres of land, more or. Iess_ • Subject, however, to all Iega1 rights of ways and/or casements, if any, of previous record-. . Bearings for this description are based on the Ohio State Plane Coordinate System: aso f ~~ 85° was from ~rdinaies: of Monuments 553:6 and 7952, having~~~De arencut= •Control for bearings established by the Franklin Cot:aty Frngtn 44.20" East between said monuments, - ~ . EVANS, MEGHWART, FiAPiiBi-ETON & TIL.TON, INC- y ~ ivtatthew A. Kirk . Registered Surveyor~No. 7865 S~p`'fE QFOh,~o p-t~-.3 iwA:, P~.~~ o i~ ~3~ Descriptia~ ~ 4E: O o~- i ~ ~ .~ ~ Veri6sd ~ n Emile, P.E, P.S. ass/pNAI. S~~ f-,~ z;eeasty PRELllMiNARY f~i.l o~ '' APPROVAL _ ~~- .:Cz~-~~ FRpr1KL1N .COUNTY ~`~ G- 15iZ ACRFS bli Virginia Mi]itary Survey Number 3453, y Ci of Du ~cd cord..:: enc C l;y de of re ;n lnstruat ds .Golf Commu to . LL Coun. Ohio and Situated in the State of Ohio, Count of ~ t order's Office; Ft'anlclin tY.. - . ) o art of that gtract (all~f rcnces be no to ~ ccords of the Rec.. bctn~ P - rj;~bcr:loe z al' more particulazly bounded and described as foilo~vs- G.ctidetic.SurvcY 1vlontitnerstNu?'nber 6631 in the centerline of o for reference, at Franklin County. Be~innino, Wocrncr-Tcmple Road;.... t eavin' said ccntctline. a dtstance of 30,00 feet to an ,iron. pin se in the 46'` East, l ~ o iB for this description;: VJoernU-Tcmple Road at the True Point of Be~inis g .. thence South OS° 52 QO'' l l" of a curve to Cct ght (Delta = 42° southerly riQ.~tt-of-waY line_of . 1'wc, and with the. arc...: ; as trt-of way ,, ~ 174.06 f e ' .on pin set; thence with said southerly rt and distance of South 74 52 32 East+ a chord beartng . Radius = 242:84 feet} the followtng cot,u'scs and d'utances: LLC tract, .. thence.crossingsnid Edwat~ Golf Communities, sc~ - . a distance of 209.&4 fact to an trop p South OS l 5' ,3 8" East, : ..... ~ set; South,39° 5T tb" V/csr. a d'tstand= bf 49.68 feet to an iron p set at a point of c~t~ to the right; South 85° 10' 09" WGtt. a distance of 14.06+fect to an iron p ' Radiu:=465:00. feet) a chord bearing: and dtstance ofNcrth with the arc of said curve (Delta - 43° 41 in set: . 59. ! 0" W cs~, 346.05 feet to an iron p 08:' 29" West, a dutartce of 181.66 foci to an iron ptn.sct;.and North 51 o t.af-~raY 1'me of East, a d'ls~ncc of 47.62; feet to an iron Pin set in the southerly rim • Noah l6° 18' ~ ~~ a.distanee of 319..30 feet to the True lc Road; t-of `~Y ylocrner-TcmP with said southerly t?~ :: ~ . thrice North 84. OT 14.. Easy or less, : ' o ZS 12 acres of land, moce Point ofBeg"tsututg. contatntn, .. if.any, R.and/or eascmencs, iif revious record, _ - Subjec~ however: to all leval:rights of`~Ys. ate S em as per NAD83. Control Q" based on the Olsio State Plane Cootdirt Y~ u ~ ~ East', tton. arc having .a bearing of So th 8 ° no foe 'this'desertpBean ~ onumeats 5536 and 775~~g ~artasent. for bearings `'!~ from coord=Hates of M cen said monurn~nu established by the Franklin Count`/ En~tt EYPANS, ME~~T' HpMBLETON & TILTON, iNC• Ls- d- ?`-' `' lcirt::.. .Matthew A. Z~ ~ Registered St~eyor No=7.865 ti OF'Ohip O`{~~MpTIKtW ~A 78 ~OesriiPbon Verified ~ ~PEClst~•¢E~ tv 7 rankGn County ~ ~ . t -~!-~ ~ T ~ 3'.~ ~ ~'~FS, S~Ey k a~.Enc,~neer 1~ a ~,. ~ ~' ~ :.. 10 N Qom. ~ ~ ~~ ,~l~lstr~o: 53.47 .ACRES of Franklin, City of-Dutii~n, yiigiriia Military Survey Number Situated in the Siatc of Ohio, Counry y t tract of land conveyed :to~1/d~!ar~ rds l o tine R corder's Office; _ .Frankiirt Coun in art of the ~ 6953,. being p a!I references be g ent Numbersa`±Instnim .articuiarIy bounded and,descrtbed as fol ows: Ohio) and mace p at Franklin County. .Geodetic Survey Monument Numbcr:2210 ai the centc lne Beginning, for:referencc, er-Tem le Road; lion of Casgray Road and Woern P intcrsec .. with the centerline of said ~,yQCrner:Temple Road, a distance of 52~. 4 • 4g„ East, thence North 84 9 fczi to a: point : 0 l I :East, kavmg said centerline, a distance. of 3,0 00 feet to an iron pin set ui.the thence Soucth OS° 1 ~' le Road at the True PoinC of Beginning for this description; noRlicrlY nSht-°f-~!aYaine of Wocrner Temp 4g'.49" Fast, ~~ said nottherIy n~t-af:way tine, a distance of 857.16 feet to an iron thence North 84 - pin set;, d d istan C tract, the foilowing:courscs an thence crossing said Edwards GolfCommuntttes, LL a ~ ~ a distance of 19097 fcetto an iron pin set; •. South OS 29 .31 Fasi, ....... South.84° 30' 29" Wes, a d~stan~c of 90.00 feet to an:iton pin set; South 05° 29'_ 31" Fist. a distance of 150,00 feet to an iron pin Set; South: 84° 30' 29" West, a distance of 560.00 feet io an iron pin set; in Set; • North 19° 10' 25" w~. a distance of135:t}0 feel to an ~roa p . ce of 130.00 feet town iron pin set North 32° 34' I S" W~ a distan rth 53° 35' 3`5" VJes~ a distance of 135.00 feet to an iron pia set; and No 47 acres to the True Paint of Beginning, containing a dtstance of 1.83:6 ezc Noah 67 OT 46 West, of fend, more or Secs. and/or easemEnts, if any, of previous record. Q is of ways . Subject', however, to all:Iegal noh ~ NA]~83. iori are based on the Ohio State Plane Coordinate S o~ ~ ° ~, 20" Bearings for this .descritx~ for ixarings'was from coordinates of Monuments SS36 an En neerin8 ~epartmcnt . Contra. the Franklin CauatY ~ . F.a~ bctwecit said monuments established by ~~ jySgLEI'ON.&'TIL,TON, INC- 1 ~ ~ Evp,,Ng. MECHW~T, • pescript:on 1-~ J~ Z~ S'c F UO ~~e,~E OF ph~OAL ~ O ~' Verified pew ~~ P.E., P.S. ' C'L}3~ Odin ~Y Matthew A. K'~rk ~ A PRELIMINARY ~ ~ 18~l 0`'~6 z~APPROVAL ~ ~E ~oOci AI~lKl.1l~ COE~~'Y F~ssinr,., e0. 21.710 ACRES County: of Franklin, City of Dublin, Virginia Ivlilitary Survey Situated in the State of Ohio, Y being pail of that:pact of land conveyed to Edwards Golf Communities; LLC b Tliarsbers 3453 and 6953, c~ all references being to :recoils of the Recorder':s deed of record in.:lnstrumcnt Number ~ eyamp in County, Ohio) and more paiticntarly bounded and described as follows OfSc~ Frankl' " Beginning, for reference, at Frdnkiin County Geodetic Survey Monument 6628, in the centerline of Woerner: Temple Road; . :....... said centerline, a distance of 30,00 feet to an iron pin set thence South _64° 36' 13" Wcst,leaving . in the southerly right-0f-way Imp of w°eracr-Temple Road at .the True Point of Beginning .for: this dcscrigtion; - thence with; said southerly right-0f waY Line and .with t3~e arc of a curve to the Ieft (Delta = 67° • 5~', Radius = 302.&4:feet) a chord bearing and destanu:of South 59° 06':36" East, 33620 feet to an iron pin set; thence crossing said Edwards GoIfCommunit1es, LLC tract, the following courses and distances South 03° 45' 37" East, a d'rstarsce of 424.4? fact to an iron pin ~~ South 09° 22' 43" East, a distance of 54695 fat to as -iron pin set; . South 28° 59' 26" West, a dzstarsce of 254:69 Feet io an iron pin set on the arc of a curve to the Ief~ with ,the arc of sa"td curve (Delta = 09° : 27' 21 "; Radius = 775.00 feet) a chord bearing and. distance of South 65° 44' 15" East, 127.76 feet to as iron pin set; So~rth 27° 15' 25'` East, a distance of:3423 feel to an iron pin set; South IS° ST OS" West, a distance of 8iS8 feet to an iron pin~set:to a point cif curvature to the rig~~ d arith the arc of said cinrve (Delta = 13° 54' 40", Radius °: 325.00 feet) a chord bearing an distance of South 22° 54' 2S" West, 78.71,feaet to an iron .pin set; and South 60° 08' I4" _East; a aistaace of So.oo fceL to an iroa pin set;. thence South 06° 34' 07" East, with a wesicrly 1me of that tracf conveyed to Ned E. L,~re by dead of record is Deed Book 3798,, Page 456, a.d'~,stance of 50.00 feet to an iron pin: set; thence crossing said Edwards G..o.lf Communities, I.Y.C LracZ; the following courses and distances Noah ?I° 33' S2" W~ a distance'of 600.00 feet to an iron pin set; North 56° SS' 26" West a distaricc of 825.00 feet to an iron pin set; North 39° 23' 06" West; a distance of 320.00 feet to an iron pin set; 21.710 AG~'RES 2- North 37° 50-'S9'' East; adistance-of 120:00 feet to an iron pus set; _ North 25° 08'S0" Easy a distance of 357.66. feet to an iron pin set; •_ North 84° 30'29" East, a distance of 85.00 feet to an iron pin set; • North OS° 29'31" 17Vest,:a distance of 150.00'feet to an iron piu set; a ~North 84. 3U a distance of 205.00 feet to an iron. pin set;29" East, Soutfi OS° 29'31" East, a distance of 110.00 feet to an iron piri'set; South IS° 24'3 I" West, a d'utatice of 533.07 feet to an iron pin set;• South.24° 06'I5" East, a distance of 186.41 feet to an iron pin set; South 68° 21 a distance of.452.43 feet to an iron.pin set;01 East,.. South 53° 16'-46'' East, a d'LStance of 21 I:95 feet to an unn pin set; North 48° 50' 30" East; :a distance of I22.42 feet to an iron pin sat on the arc of a curve to. the, left with the ara o#' said curve (Dena = 02° 47' 46 ;Radius = 775.00 feet) a ci~ord bearing and distance of South 42° 33' Z7" East, 37.82 feet to aa; iron put 'set; North 46° 02'40" East; a distance of 178.62 feet to as :iron pin set; Ngrtli 28° 33'S7" West'; a distance of 790.Q0 :feet to an iron pin; set; North IS° 59'Q4" East, a d"istance of 201.02 fed to as iron pin set; North 00° I3' 0?" East, a distance of I OOSO feet: to as iron gin set; North 1 I °• I2' 09" Wcst, a d"istance of 1 OOSO fed to an lion pin set; North 27° 4T 53" West, a.d'LStance of210.77 fed to an iron pin: set; and North 30° '43' 44" East, a distance of 49.64 feet to: an .iron pin set in the southerly right=of~iay Iine of Woeina-Temple Road;, thence with said southaIy right=ofway Line and witlz the arc of a curve to the right (Delta ° 46° 00' 28", Radios = 242.84 feet): a :chord bearing and distance of South 48° l I' 11" East'; 189.80 feet:tq an iron pin set; Q.856: ACRE Situated in the State of Ohio, Couiity:of Franklin, Cityof:Dublin, VirginiaaNlilitary Survey Number 3453, and being out of that tract conveyed Eo Edwards Golf Communities, LLC by deed of record in Instrument Number 200009290198679, (all; references refer to the records of the Reco[der.'s Office, Franklin County, Ohio) being more particiiiarly.bounded and described as follows: Beginning, For reference, at Franklin County Geodetic Survey Monument Number 7752, marking the centerline intersection of Eiterman:Road:with Shier Rings Road; thence North 85° 41' :57" East, with said. centeriine of Shier Rings Road, a distance o 778.82 eet to 'a . point; t}ience South 134° 18', 03" East, leaving said centerline,; a distance of 1073.37 feet to an iron pin: set in a westerly line of-thattract conveyed to City of Dublin, Ohio .by :deed of record. in„Instrument Number.:; 20001 1210236365, the True Point of Beginning for this. description; thence with said= westerly line, the:fohowing courses and distances: South 04°.18' 03" $ast, a distance of 67.51 feet to an. iron pin set at a corner thereof South 1-9° 41' S5" West, a distance of 481.79 feet to an iron pin set at a comer thereof; and South 01 ° 3 8.' 14" West, a distance of 260.00 feet to :an iron p in set: at a corner thereo f thence across said Edwards .Golf Communities,.LLC tract.the. following courses and distances: North 31 ° 25' 32" West, a distance of 289.65 feet to an iron pin set; North 84° 27' S2" East, a distance of 120.45 feet. to an iron pin ~ser and North 20° 34' 11":East, a distance of 557:57 feet to the True Point of Beginning, containing 0.856.acre of land, more or less. Subject, however, to all legal rights of ways and/or easements, if any, of previous record.: Iron pins set, vi+here indicated, are iron pipes, thirteen-sixteenth:(13/I6) inch ins. ide diameter, thirty:(30) inches long with a plastic plug placed in ahe top bearing the initials EMH&T; iNC. Bearings are 5ased on: the Ohio State Plane Coordinate:System as per NAD83. Control for bearings was from coordinates.of Franklin County Geodetic Survey Monument Numbers 5536 and 7752, having a bearing of South 85° 44' 20" East, established by the Franklin Couaty. Engineering.Department, using Global Positioning Systerrc procedures and equipment. ~ _~~ O _ : ~' s. ~g~ • ° ° JEFFREY :~, t~ILLE~t ; ~~ 7211 o. o :, 4, .:.~:., . EJM:laii/apr~1' ; '~S T E0.'•li,~,~' J; . 5 u~i'( ri`- ~a EVANS, MECFIWART; _HAMBLETON, & TLLTON,INC: Description Miller Verified i Surveyor No. 72:11 Dean Ringle, P.E, P.S. Franklirs county. Engineer 1 S~:t, O ~~Sb 1~~~cS o~E ~ z~-y 3 ao 0323. ACRE Situated in the State of :Ohio, County of Franklin; City..of .Dublin, Virginia. Military Survey Number 3453, and being out of that-tract conveyed to Edwards Golf Communities, LLC by :deed of record 'in Instrument Number 200009290.198679, (all references .refer to the-records. of the Recorder's Office; Franklin County, Ohio) being more: particularly bounded: and described as: o bws: Beginning, for reference, at Franklin County Geodetic Survey Monument Number 77 2; mar ing ilia centerline intersection of Eiterman Road with Shier Rings Road; thence North 85° 41' 5T' East; with said centerlne:of Shier Rings Road, a distance of 73.85 feet to a point, thence South 04° 18' 03":East, leaving said c.enterhne;.a.distance of 559.27,feet.to an iron pin set in a westerly line of that tract conveyed to City of:Dublin, Ohio by deed of record in Instrument Number 2000:11210236365, the True Point of Beginning for this description; thence:with said westerly line, the following courses and distances: South 67° 58': 19" West, a distance of 473.70 feet to an iron. pin set at a point of curvature to the left; Southwesterly with the arc of said curve (Delta = 58° 56' S3"; Radius = 75.00 feet) a chord bearing.and distance of South 38° 29' S2" West, 73.80 feet to an iron pin set; thence. across said Edwards Golf Communities, LLC tact, the following courses and distances: North 09° O1' 26" East, a distance of 104.64 feet to an iron pin set; and North 74° 15'.36" East, a distance of 486.90 feet to the True Point of Beginning, containing 0.323 acre of land, more or less. . Subject, however, to all :legal rights of ways :and/or easements, if any, of previous record. are iron i es, thirteen-sixteenth (13/16) inch inside diameter, Iron pins set; where indicated, P P thirty (30) inches long with a plastic plug placed in the top bearing the initials EMH&T,1NC. Bearings are based on the Ohio .State Plane~~~SurveyMonumenpNumb~eDn85536and7752, bearings was from coordinates of Franklin County G having a bearing of South 85° 44.' 20" East, ~ablished. by the Franklin County Engineering Department, using Global Positioning System.procedures and equiprrsent. EVANS; 11rIECHWELRT, HAiti1BLETON, & TILTON INC. 0 _ ~to-F 5, . ~ o• lvliller ~..~} p~ r : 1EfFREY ~- " ere Ni1L.LElt ; m~ i e Surveyor No. 7211 pesctipacn a 7211 Verified ~~~-~ Dean Rin~a, P.E., P.S. M:~i~~ ! ~ Y ~.°;:.' a ,, `Franklin County 3 v ,+' Engineer r',, , . , Date: '~ 0.60:9 ACRE of Franklin; City of Dublin, Virginia Military Survey Situated in 'the State of Ohio, :ounty Number 3453, and being out. of :fhat tract conveyed to Edwards Golf Communities, LLC by deed _of all references refer: to the records of the :Recorder's record in Instrument Number 200009290198679, Ohio) being morepacticulariy bounded and descnbed as follows:. Office, Franklin County, Geodetic Survey.MonumentNumber 7752,: marking Beginning, for reference, at Franklin County: the:centeriine intersection of Eiteiinan Road with Shier Rings Road; theitce:Narth 85° 41' .ST:' :East; with said centerline of Shier Rings Road, a distance of 837.74 feet to a point; . . P le~yin said centerline; a distance of 50:00 feet to an iron in set thence: South 04° 18.03, ,East, g.. at a northwesterly corner of that tract ~ cl a ~~ to-of 2y line of said Shier Ri ~ Road, the TrueSP int of Number 200011210236365, in the sou . y.. gh Beginning for this description; thence South 04° 18' 03" East, with a westerly line of said City of Dublin, Ohio tract, a distance of 160.00 feet to an, iron ;pin set at a corner. thereof; thence:across said Edwards Golf Cori~ununitr~~.LLC tract, the.following courses and distances,: South 85° 41' S7" Wei, a distance of 16437 feet to an iron pin set; and North 05° 13' 16" West, a distance of 160.02 feet to an iron pin set, in said southerly right-of-way line; with said southerly right-of--:way line a distance of 166.94 feet to tlience North 85° 41' S5" :East, the True Point of:Beginning, containing 0.609 acre of land, more or less.. . Subject, however, to all legal rights of ways and/or easements, if any, of ;previous record. Iron pins set; where indicated, ~~ iron. PiP~' ~~een-sixteenth (13/16) inch inside::diameter, thirty (30) inches Iong~with a plastic plug placed in the top bearing the initials EMH&T, INC. r NpD83. Control .for Bearings are based on the Ohio State Pl Geod tic Survey Monument Numbccs 5536 and 7752, begs was from coordinates of Franklin County. - established by tf3e Franklin County, Engineering Department, having a bearing of Sout S85~em' ro0ced~ and equipment using Global Positioning ys p EVANS, MECHWART; HpMBLETON, & TII,TON, INC. p-~~a-~ Z t1,y~ `.~, 4,, S.<~, ~, a .. , ~ O . ~ ~ ~ ivliller c ~~- o~p ~ Surveyor No. 72 T 1 aG ~~ ~' 1 EFfR EY A. ~ ~ ~ Desc.~ptlan ~. } ~-l ~MILLER ; a ~ Verffied ~ avr°t 12F1 ° • ° a - wean wr,gle, P.E., r9:s. u ~ . ~, ~.:.:> ., C7„• :~ (.' 7 r t ~~.• a``''; Franklin County s:7;~, ., •• `~;o'' Dale: ~. 3~° 1.255 ACRES.:... Situated in the State: of Ohio, County: of: Franklin, City of Dublin, bung located: in Virginia Military Survey Number 6953, and being 1.255: acres of that tract of land as conveyed to:-the City of Dublin by deed:af record in InstrumentNumber 2001.06130132658; (all references being to records of the Recorder's Office; Franklin County, Ohio) and being more particularly bounded and described as follows; Begiiining:at a mag nail set in the. centerline of Woemer-Temple Road being located North 84° . 49' 49" East, a distance of 420.08 feet :from .Franklin County: Geodetic Survey Monument Box Number 2210 at tlie: centerline intersection of said WoemerTemple Road and Cosgray Road; thence North. _OS° 10' 11" West, a: distance of 30.00 :feet to 'an iron pin found in the northerly right-of-way line:.of ,Woemer-Temple Road at the souttiwesteriy Corner of-chat 92.263 acre tract. as conveyedao the City of Dublici, ;Ohio by deed of record in Instrument Number 200011210236365; thence North 84° 49' 49" East,. being :along said northerly right-of--way line, a distance of 964.78 .. feet to an iron pin found at a southeasterly comer of said 92.263 acre tract; thence South 05° 29' 29" East, crossing said road, a distance of .60.00 feet to an iron p,in . oun in the. southerly right=of=way line of said road at the northeasterly corner of that 5:347 acre tract as conveyed to the City of Dublin, Ohio by deed. of record in Instrument Number 20001.1210236365; thence South: 84° 49' 49" West, being along the southerly right-of-way. line of said Woerner- Temple Road, a distance; of 857.76 feet to an :iron pin found. at the northwesterly corner of said 5.347 acre tract; . thence North O5.° 10' 11" West,: a: distance of 30.OO.feet to a mag nail set:in the centerline of W oerner-?emp le -Road; thence South. 84° 49' 49" West, being along .the: centerline of said road, a distance of _107:35 feet to the place of beginning containing 1.255 acres of land more or. less. Subject, however; :to all legal rights-of--ways and/or easements, if any, of previous record. The bearings are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates:of.FOGS Monument: Numbers 5536 and 7752, establishing a bearing of South 85° 44' 20" East between said monuments. EVAA15, MECHWART, H.4NIBLETON, & TILTON, INC. lames R. Hill Registered Surveyor No. 6919 lRHarr/au,U t PRELIMINARY APPR4VAi: . FRANKLIN CQUNTY ENG.INEERING"DEPT QATE: . ~ 3 o d HY~~ 0.528 ACRE of Franklin, ~ty of Dublin, being locate in irginia - . .. Situated in the State of:Ohio, ounty Military Survey.Number 3453; and being 0.528 acre of that tract.of land as conveyed to the ~ty of Dublin by deed of record in Instrument Number 20010a ~ be3nfi5morellp rt cularly bounded records of the Recorder's Office, Franklin County, Ohio.. 9 . and described as follows: ; , . Beginning at a rriag nail set:: iri the centerline of Woerrmer-Temple: RoaGeodetc 1Surve~ North 84° 35 46 East,. a distance -of 702.72: feet from Franklin. County Monument Box Number 6 29; thence North 84° 35' 46" l=ast, being along said,;centerline, adistance of 5.7 ee o a mag nail.set thence North 05° 24' 14" West; a distance of .30:.:00. feet to an iron pin set in the northerly right-of-way fine of said. road; the northerly right-of=way Line of said. road, a thence North 84° 35' 46" East, being along distance of 391.81 feet to an iron pin_ set; thence South 39° 51' 28" West, a distance of 6.73 feet to a mag nail set; thence South 09° 01' 20" West, a distance of. 57.07 feet to an: iron pin set in the southerly right-of-way line of said. road; thence South 84° 35' 46" West, being along the southesterl g comeW of that 13 067racre a~ distance of 378.59 feet, to an iron pin found at the northwe y tract as conveyed to the Cty of Dublin, Ohio by deed of record in Instrument Number 20011210236365; thence. North OS° 24' 14" West, a .distance of 30.00 feet to the place .of beginning, containing 0.528 acre of land, more o,r less. Subject, however, to :all. legal rights-of-.ways and/or easements; if any, of previous record. The bearings are based on the .ohio State Plane Coordinate System . as per NAD83: Control for bearings was :from. coordinates of FOGS the monumentsbers 5536 and 7752, es~t~b!tsbl!?,9,.a, bearing of South 85° 44: 20 East between E:..o F o .,: LVANS, MECHWART, HANI6LETON, & TILTON; INC. 2 ~~ ttaL ~. F 5.8919 ~ := . James R. Hill . Registered Surveyor No. 6919s G R 'y • E' .~ ~,,. vaa • hu~~~•a-RFi•bj~act O1 FRANKLIN VOUNTr i ENGINEERING DE°T. DATE: J0 / BY: ~ ~~'~• i~bSSr~ ~rlly 0.118 ACRE Situated in the State: of-Ohio, County_ of Franklin; City of Dublin,. being located :in Virginia Military. Survey Number 3453, .and being 0.118 :acre of that tract of land conveyed to the City of Dublin by deed: of record in Instrument Number 200106130132658, (aU references being to . . records of the Recorder's Office, Franklin County, Ohio) and more particularly. bounde an described as follows: - Beginning at a mag nail set in 1Noerner-Temple .Road, being located North 53° 21' 07" West, a :distance of 32.90 feet from Franklin County Geodetic Survey Monument Box Number 6630; thence South 85° 14' 02" West, a. distance of 330.00. feet to a mag: ryail set at a point of curvature to the left; - thence with the arc of said; curve (Delta = 41° 50' S9", Radius =: 175:00 feet) a chord bearing -and distance of South 64° 18' 32" Vilest, :125.00 feet to a mag nail set; thence :North 46° 36' S7" West, a distance of 63.32 feet to an iron pin 'set in the northerly right-of-way line of said road,• thence North 84° 35'.46",East,, being along the northerly right-of=way line of said road, a distance of 497:09 feet to an iron pin set at the southeasterly corner of that 92.263 acre tract conveyed.:to the City of .Dublin, 'Ohio by deed of record, in Instrument Number 2001112-1023.6365; - thence South 40° 14' 02"West; a: distance of 11.39 feet to the place. of beginning; containing 0.118 acre of land; more or less. Subject,. however, to all legal rights-of--ways and%or easements, if any, of previous record. The tearings are based 'on the Ohio State Plane Coordinate' System as per NAD83. Control for bearings was from coordinates of FCGS Monument Numbers -5536 and 7752, establishing: a bearing of .South: 85° 44' 20" East between the monuments. PRELiMIN4RY VANS; MECHWART, HAMBLETON, &TILTON; INC. APPROVAL FRAfvKL1fV ~r?~1t~ ITY ~~ a ~ I 1 pcz o ENGINEERIN a DEFT DATE: 2 cr er: ~'~/ Matthew A. KirkQ~E ~ FOy Registered; Surveyor No. 7865 `' ~C.1vs(z+~~zo~r~-}l~. - (' I - ~ rr ' ,c,,,~ MATTI{ EWA l/vl5~t/..vmZM: nJY~;~ A~ ,786'5 - . ~0 w+:biWoa o~ ~0~~'~ECIS'TEat~O ~, J sSfONAI. 0.664 AG12E Situated in the State of:Ohio, County of a?rankhn~ City o u in, Bing orate ~n:. irginia Military Survey Number 3453,. and being 0.664 .acre of that tract of land as conveyed to :the City of Dublin by deed of record in Instrument Number 200106130132.658; (alI references -being to records of the Recorder's Office, Franklin County, Ohio)-and ;being more particularly bounded'and described as follows: Beginning at,an iron pin set=in the existing southerly right-of--way line of Woerner=Temple:Road at the northwesterly: corner of that 2.5.12: acre tract as conveyed to the City of Dublin, Ohio by deed of record in.Instrument Number 20.0.011210236365; thence North: 16° 18' S2" East, crossing said Woerner-..Temple Road, a distance of 64.80 feet to . an iron pin set in. the northerly right-ofway :at the southwesterly corner of that 41.273 acre tract as aonveyedao the City of Dublin, Ohio by deed of~record. in.Instrument Number 200011210236365; thence North'84° 07' 14" East, being along the northerly nght=of--way line of Woerrer-Temple Road, a distance of 294.83 feet to an iion: pin found at a point: of curvature' of a curve to the right; thence southeasterly continuing along said right-of--way on the arc of said curve (Delta = 32° 37' 55", Radius = 302.8:4 feet) a chord bearing and distance of South 79° 33' 39" East, 170.16 feet to an :iron pin set at the southeasterly corner. of said 41.273 acre tract; thence South: OS° IS' 38" East, crossing said Woerner-Temple. Road, a distance of 74.58 feet to an iron pin set in the southerly right-of-way line of said road at the northeasterly corner of said 2.512 acre tract; thence northwesterly along the southerly right-of--way. line of said Woerner-Temple Road on the arc of a curve to the, left (Delta = 42° 00' 11.", Radius = 242.84 feet) a chord: bearing and distance off' North 74° 52' 31" West, 174.06 feet to an iron pin found at a point of tangency; thence South= 84° 07' 14" West, :continuing along said right-of--way, a distance of 319.30 feet to :. the place of beginning, containing 0.664 acre of land,. more or less. " Subject, however, to all legal rights-of--ways and/or easements;.if any, :of previous record. The. bearings are based:on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of FCGS Monument Numbers 5536 'and 7752, establishing a beating of South 85° 44' 20" East between the monuments. EVANS, MECHWART, HAMBLETON,: & TILTON, INC. e- ~;~ James R. Hill Registered Surveyor No; 6919 lFtH;ti?t/aug01 PRELIMINARY APPROVAL FRANKLIN COUNTY ENGINE1.ERiNG-DEPT SITE: fa_ I.3~~ 1 c iBY... ` _ 0.045: ACRE Situated in the State of.:Ohio, Chanty of Franldin, City of Dublin, being oeated in. Virginia Military Survey Number 3453,: and being 0.045 acre of that tract of land as conveyed to the City of Dublin by deed of record: in. Instrument Number 200106130132658, (all references being to records of the Recorder's Office, Fratiklin•:County, Ohio) and being more particularly bounded and described as follo~bs:: Beginning at an iron pin set in the southerly ,right-of--way line of Woerner-Temple Road at the northeasterly corner of that 23.598 acre tracE as conveyed to the:City of Dublin, Ohio liy deed of record in Instrument Number 200011210236365; thence South 84° 07' 14" West with said southerly right-of-way line, a distance of 92:15 feet to an' iron; pin set; thence with the arc of a curve to the left (Delta = 02° 30' 16", Radius = 512.55 feet) a chord bearing and distance of North 36° 28' 10" East, 22.40 feet to a mag nail set; thence :North 52° 09' 26" East, a distance of 42.1.6 feet to a mag nail set; thence with the arc :of a curve to _the: right (Delta = 03° 18' ~44", Radius = $65:.00 feet) a chord bearing and distance of South 52° 47' S2" East; 50.00 feet to a mag nail set; thence South 51° 08' 29" East, a distance of 6:71 feet to the place of beginning containing 0.045 acre of-land, more or.less. Subject, however, to all, Tegal rights-of-ways.andlor easements, if any, 'of previous record. The bearings. are based on the Ohio State Plane Coordinate System as per IVAD83. Control for be~ng~~ryvas. from coordinates df FCGS Monument Numbers 5536 and 775.2, establishing a bearing of Qut1U8~5° ?~$,ZO" East between the. monuments. P _ ;....... O y .dAMES•• ~I EVANS, Iv1ECHWART, HAMBLETgN, & TILTON, INC. R. •:°. ltlu ~~ /D - 4= D ~ F 5-8913 ~ 2::. sG •~. ~ 5 Y•E~ ' ~ ~ James R. Hill. R E • •{ •~ '~• Registered Surveyor No: 6919v ~~ 1RH:~b/OctOl PRELIti11NARY .. APPROVAL FR~INKLlN COUt~1TY. hGINEERI~IG DEPT. Dare: !D ~ av: ~~. 0.878 AC Situated in the State of Ohio. County of Franklin, City of Dublin, being located in Virginia Military SurveyNumber 693, and being 0.873 acre of that tract of land as conveyed to the City of Dublin by deed of record in Instrument Number 200 1 06 1 30 1.3268, (all references being to records of the Recorder's Office, Franklin County; Ohio) and being more particularly bounded and described as follows: Beginning at an iron :pin found in the southerly- right-of--way dine of Woemer-Temple: Road, at the noRhwesterly comer of that 21.710 acre:traet as conveyed to the'City of Dublin; Ohio by deed or record in ., . Instrument Number 200011210236365; thence North. 30° 43' 38" East, crossing said road; a distance of 61.05 feet to an iron pin found in the northerly right-of--way line of Woemer-Temple Road at a southwesterly comer of that 92.263 acre tract as conveyed.to the Gityof.Dublin, Ohio by deed.o;f record in Instrument Number 20001 12 1 0236365; thence southeasterly along said right-of--way along the arc of a curve to the right (Delta = 43° 36' 02", Radius ° 302.84 feet) a chord bearing acid distance of South 47° 00' 1.4" East, 224.93 feet to an iron pin found at a point of tangency; thence South 25° 23' 43" East, continuing along said northerly right-of--way, a distance of 104:06 feet to an iron pin found at a point of curvature of a curve to the left; . whence southeasterly, continuing along said northerly right-of--way. along the arc of said curve, (Delta = 67° 12' 04", Radius.= 242.84 feet) a chord bearing and distance, of South 5.3°.59' 40" East, 263.73 feet to an iron pin found in the easterly line of Virginia Military Survey Number 6953 at a southeasterly comer of said 92.263 acre tract; . . thence South 03° 45' 37'' East, crossing Woemer=Temple Road along said easterly tine, a distance of 60.01 feet to an-iron pin found in the southerly right-of--way line'ofsaid road at the:northeasterlycomer ofsaid:. 21.710 acre: tract; thence :northwesterly, being along the northerly right-.of.--way line of said Woemer-Temple Road on the: arc of a curve to the. right. (Delta = 67° 25' S3", Radius. =302.84 feet) a chord bearing and distance of North 59° Q6' .36" West, 336.20 feet to an iron pin found at a point of tangency; thence North 2~° 23' 47" West, continuing along said northerly right=of-way, a distance of 104.17 feet to an iron pin found at a.point of curvature of a.curve to the ieft; thence northwesterly, continuing along said northerly right-of--:way, 'on the arc of said.. curve (.Delta = 46° 00' 23", Radius= 242.84 feet) a cho.rd:bearing and distance:ofNorth 48° 11' 11" West, 189:80 feet to the place of beginning; containing 0.878 acre of land, more or less.: Subject, ho~Yever, to all legal rights-oF ways and/or easements, if any, of previous record. The bearings are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of FCGS Monument Numbers 5536 and 772, establishing a bearing of South 85° 44' 20" East benveen said monuments. PRELIMINARY EvANS, MECHWART. HAlv18LETON. & Tl[.TON, NC. APPROVAL , N;~LIN COUNTY ~2= ~q~c.~{~FRA ENGINEERING DEPT: lames R. Hill 0 3~a 1 of BY ~ Registered Suweyor No. 6919 oa,TE: RH: tm/au¢01 EXCEPTII~IG THEREFROlVi THE FOLLOWING DESCRIBED PARCELS 0.006 ACRE County of FranJdin; City of Dublin; Virginia luilitary. urvey Situated in the' State of Ohio, ., of Dublin, Ohio by deed of record in Number 3453: and. being out of that .~~~n~ferenc t t~f~l~to ~e ~LOrds of the Recorder's: Office, s~ment NurnSer 20001121.02363a6rticularty bounded aril described as follows: FrankJ'in County, Ohio) being more p Geodetic Survey Monument No, 7752, marking the Be~iniiin~ for reference;at Franklin County ; Road; centerline intersxtion of Eiterman Read with SluerRii7gs e o l3adistantf 51. - . thence North 85° 4i' ST' East, with said centerline of:Sh~er Rings Road, feet to a point; a distance of 2912?'? feet to an iron pm said centerline,..:. thence South 04° 18: 03 East, leaving .. deed of record in Instrument set at a comer of tEias tract conveyed to Edwards G.o1f,Co fomruhis d~seriptiori . Nu.rnber 200449290198679, the True Point of Beginning y~ an:easterly line of said Edwards Golf Communities, LLC., ; thence. North 52 .09.' 26" East, tract a distance of 37.84 feet to an iron pin set; ofDublin, Ohio tract,. with. the arc of'a curve to the-right (Delta thence southwesteriy a~~ CIt7' and di5ta.nce of South 37° .58' OG" West, 49.47 felt OS° 31' S5'',. Radius = 512.55 feet) a chord bearinGQif Communities, LLG tract; to an iron pin set in as easterly line of said Edwards with said easterly line, a distance of 15.80 feet to the True Paint of thence North OZ 00' 49 ~ ruore or Less. Beginning; containing 0.006 acre of land, owevei to all Legal rights of ways and/or easements, if any, of previous record. Subject, h , es thirty°n-sixteenth .(13/16) inch :inside diameter, Iron :pins sec, where .indicated, are iron P1P ~. the: iniua:ls EtMKBcT, ~C• thirty (30) inches long wi?h a plastic plug placed in the top bearing e Caardirsate System as Per NAD83. Control far Bearings are based on the Ohio State :Plan coordinates of Frdnkiin County Geodetic Se,irvey Monument Numbers 5536 and 1752, bearings was from the Franlciin County Engineering Deponent, of South 85° 44' 20" East, established by having a bearing em ~~~ and equipment. using Global Positioning Syst P MECFiWAR'r~ ~``YIBLETON; & TII.TON, INC. S • C• ~ 1~ ~ t'~illll:Z ~. a ~ 711I ~~L A EVANS, J\ Je ey filler isle urveYor No.1211 PRELIMINARY APPROVAL F>~ATlKUN COUN?Y El~(GWEERII`IG D PT. DATc: Ja ~BY: 0.32 ACRE ublin, Virginia Nfilitary Survey um er 3453 County of Franklin; Ci.ry.. of D ' SiCuated in the State- of Ohid; ~ ~ of Dublin, Ohio by deed of record in Instrument Number and being out of that tract of land conveyed to City 2po01 i2102363:65,:(all references refer to the records of the Recorder's Office, Franklin County, Ohio) being more arficularf bounded and described as follows: Y ...P Beginning, ;for reference; at Franklin . Counry Geodetic Survey Monument i`lumber 7752, marking the centerline intersection of Eiterrnan Road with Shier Rrngs oa , North 85°: 4 [' S7" East, wrth said centerlirse of Shier -Rings Road, a distance of 2073.92 felt to a thence point; - : :.. ence South 04° l8' 03" East; leaving: said centerline, a distance o:~eed9of record in nstrument Number westerly line of that trdc[ conveyed to Edwards:Golf Comrrtunrttes,:LhC Y 20Q009290198679, tEie True Point of Beginning for this escctp ton,.... thence with said westerly line, the following courses and distances: South 37°:32' 3:5" East, a distance of 6.49 feet io an: iron pin-set at a corner thereof, a distance of: 85;04 fret to an iron pin set at a corner thereo- ; South 09° 40' 13°.F..?~ a distance of 1440.00 feet to an iron pin set at a corner [hereof; South OS° 15' 3 8" East, South;39° 57' 16" West, a distance of 49:68 feet to an iron pin set at a corner thereof,, and a ~ a distance of 9.93 feet to an iron pin set; South 35 10 09 Wit, - ~ . thence across said City of Dublin, OEiio tract, the fallowing courses and distances: forth 39° 5T 16" East, a distance :of 49.57 feet to: an iron pin set; and n 'Lance of 153013 feet to the True Paint of Beginning, containing 0352 acre of North .OS° 15 3 8 West, a dts land, more or less.. .. .. ~: ~, ec however; to all legal rights of ways and/or easetnents,'kf any, of previous record. Subs _ t, . ins se where indicated, are iron PiP~ thirteen-sixteenth (_1311.6) inch inside dianseter, thirty (30) Iron p ~ the initials ENIHBcT, INC. inches long with a plastic p ug placed in the top bearing a bearing of eariri are based on the. Ohio State Plane Coacdinatre ~is~umbersC55 ~and~7 52, E~av ngbeartn,s was B ~ Geodetic Survey Mo from coccdinates of Franklin County to Cory Engineering Department, using Global. Positioning Saufh 85° 44' 20" East, established by the Fmttki System procedures and equipment. g~ TILTON tNC. r ,c ~ aoc; E 0 O' ~ • ~ • w JEFFRE'i' A ~: ~` l~~u~ p }p IZ-li _ ,c~ o EVAN'S, N1ECK`N~T~ ~y1BLETON, ' 13-~ P:RELIMINAAY APPROVAL 1e _ filler. a ~ urveyoc No. 721 l FRANKLIN. CdUNTY ENGINEERING DEPT pATc:~-- -6Y: 0.25 ACRE Ci of. Dublin, Virginia= ~ililitary Survey Num tr 3453, and Situated in the State of Ohio; County of Franldiri, tY deed of retard in Instrument Number out of that trdcc of land conveyed to City of Dublin; :Ohio by. Franklin County, O w) eing nioce being. . 20001 1210236365, (all references refer. to the :records of the Iteccrde~s Office, articularty bounded and described as foEloti+vs: P at Franklin Ca:unty Geodetic Siirvoy.Monument Number 7752, marking .the centerline Beginning, far reference, o Road; intersection of I;iterrnan Road with Shier Rinds Road, :a.distance af2065.78 feet to'a point; with said centerline aFShier_Rutgs thence North 85 41 57". Easz; :. . a distance cf 3325.85 felt to as iron pin set is a westerly thence South 04° 18' 03" ~~leaving said centerline, LI;C by dead : of record in lnscument Number. laic of that tract conveyed to -Edwards Galf Communises, 20000929Q198679, the Tcuc Paint of grorinning far this description;: in the following courses and dist~c~: thence with: said westerly e,:... a distance of 10.07 feet to a,ti iron pin set at a cornet t5ereof; Noah 85 09 ~ East, South 50° 02' 4'}~ ~~ a: distancc of 4931 feetao as iron pin set at a darner thereof;; a chinsetatcanter ereo a distance cf 938.64 feet to, as troa p South OS° 15' 3 S Fast, ill set at a corner thereoF South ~° Z3' Z7" West, a distance of I77.0I feet to as iron p uth 43° 56' 42" Wes, a distance of 174.71 feet.ta an iron pin set at a coiner thereof;, and So iA.seS South 68° 32' S6" V~/est, a distauce of 2.73 feet to an troy p thence across said City of Dublin, Ohio tract, the fallowing courses and.distaxic~: North 43° :36' 23" East, a. dy~ance of 112.69 feet to an iron Pin sec, a d'~staiice of 174.9.6 feat tb aa, i;oa pin set; North 20° 50' 29" ~~ I•larth 05°:15' 38" West, a d~,cq.of 939.63 feet to as iron Pin set; and 5 of land, 50° 02' .44^ :W~ a distaaca of .49.41 feet.to the. True- Paint of Seginnih>;. conraiaiug Q35 ace ,. Noctlt mart or las. as of previous recacd. • Subject, however, to ail legal rights of ways an~Of ~~~~' ~ Y~ thirteen-sixceeatft. (13116) inch inside diastteeer, thirty (30) inches ins sec. w[zere iadica:ted, are itoa p-pcs, EMHScT, INC. ,.:. ':Icon p the iaitia.ls fang with a plastic plu8 Placed is the top.beatiag er NA.D83. Control for bearings `'~ firom e S sum asp of South 85° 44' Scorings are based gn .the Olua State :Place Cabrdtna~.. Y v~ a bearing ~~. and Geodesic SurieY yonument N>~b~ 5536 anGlobal Posidoaiiig System pro~- coordinates of Franklin County o e-~ing Deparcnenc. using 20" East, established by the Franklin: County Ervin ~ _:~ ~ p - C ~ ~ equipment & TILTON, NC. ~' P \ ~ t T, xptiIBLETON, f\I.(S, lytECH'N AR p, 2 5 5 A ~N ~ 5 t ,.G G,~- ~~• ~ l p ~~, BSc. "~-. 1.1 Verified ~ c,....b.-,y'`lo ~. o~ S ,• ,, ~~ r.,. ~ 1~1 ~ RC. [ • .: T 11e f 1 8, P.~i Q;J. 1 a ~i.ll"\ ~ ; ~ ; _ o ~ rveyor No- ?21 I Fran'~din County a • 7211 4, .:~ - Engineer :. ~ `~ EJ~I:~.-til~~c c ~~' S T i:0. ~ ~;` ''.. Oate: 0.043. ,ACRE .. . Sicvat~ in the State of Ohia; County. of Franklin, Ciry of Dublin, Virginia Miliraiy SurreyNumber: 345J, being part of that trsct of land can.veycd.Ea the City of Dublin, Ohio by decd of ttcacd inInstnlmeiiti`lurnbcr<ooao429G197~79, (all r~fercrtccs being to the,iec.ords of the Rc~arder's Of2tcc, FranklinEourtry• Ohia) and Rsarc particularly bouitdcd and described:as fa!lows: fleginniasr, far reference, ai: Frsnlclin Couaty Geodetic Survey lrtat~umcnt:Nuniber 6630 in thecenterlineafWaerrter=T'emgla Rand; .: Eltenc Scuth $~° 35' 46" West, with said crntetlirte a disttncc ofSIZ9~ fr_t to a goinz* thertc: North QS°..?4' ! 4" West,: [c.~ying said crrtterlinc, a drstanc~. of 30:00 feat m art iron pin setintheaarttteriy .light-0f-way -line of til/aerner-Teiaple Raad az the True Paint of Hegiarijn,~ foe ttti~descrigtiaa; ehe;tee. South 84° 35' 46" West; wiili said narrhrrly rigfit-of-way Iiae, a distance of IZ3:,79 fr_t to an iron gin. set; thence Nnrttt:39° 3l' ZS" East, crossing said City of Dt6lin, Ohio ttact* a distartcc of 430 f~-t to an iron pin set; theacc Sauth.~6° 3.fi• 57' Ease ctrntinung across said City of i7ahlin, Obis tract, a distaae;. of870feettotheTrueI?oiat bf BcgiRnittg„ containing 0.093 ase aEIand, rrtcre ar 1cS5. Sul?jeet, however;: ca. aI! Iega! rig#~t5 aFways aad/ar eastsaerlt5, ifaay, of previous rerord_ BearinEu far this description ara [lased an tfte :Ohio Stare Plana. Caordirtate System as per N.~D83. CQRCO! far bearin¢s ryas ftvm caordiaata of ~(auuirzcns 5536. and .776?, having a 6e3ring of South 85° :.4-~•'Q" East bctwecrt said maautrterst5. esrahfished by the Ftauklin County Engineering Depa,ratient EYANS, M~ ART, F~-i~.LETOiY & TR.TON; Q~lC. r.9~ ~ ~~~ Vii, iNa~~ a r R gisirrzd Surnyar Na. 7$65 tt~~, jE OFQ ` S hia O _ ~~ ~ ~ MATTEldyA lE~t, ~-5 ~ ~ a ?E ~a a~. p . 0 `Z;3 :. A{ ~ .. ~F erg. o ~ ~P1~~MIN~tAY s`~~°NA~ S~~a f'?RO~lAL FRANKLIN COUNTY ENGINEER{NG OFPT. Q?56 ACRE Siwaced in. the State of Ohio, Caunry of Franklin: Ciry :nf Dublin, Virginia tVliticarv Survey Numbcr 6953:, being part of that B-act of land canvey~d co the Ciry df Dublin, Ohio by dced:of record in nstrumenc Numbcr locoa9~94E?9., (al! tefertnets bei;tg,ta the reeards.af the Recorder s Office; Franislin Cirunry, Ohia} and more parciculariy bauii as described as follaw•s: Sc;initing. far referutec, at the intersucion of the: sautlterly right-aF ~vay line of WQCrner-Temple Road with the common dine of Virginia Military SurvcyNumbers:3453 and 695:3; : ; :, thchcc South 04° 19' 42" East, with said canirnon. tine, a distance: of I I4033 feat to a paint: thence South 85' 40' 18" Welt, leaving said catanion:lina, a distant= df 74.43 .feat to an iron :pia sei ai the True PainC of Be~innirtg.far this description; thence South 29° 59' 26" West, with a westerly :line. of that tract c6nveyed to Edwards Golf Communities, LLC by datd of retard in dnstrument Number... , a diszancc of 50.00 fe_c to an iron pin sec; chener crossing said City of Dublin, Ohia tracz and with the arc of a curve to the right (Delta l7° 03' I5"; Radius = 775.OU fezsj a chard bearing and distance ofNorth 5?° Z8' ST' West, 29.83 feat to an iron pia scS thence North 46° 02' 4a" East, witft an eascttiy litre. of said Edv~rds G61f Comrr:ugities. LLC tract, a distorter' of 50.00 feet w an iron pin set; thence crassirig said Ciry of Du6.liti, O>zia tract and :with tfie arc of a curve to the left (Delta = t7° 03' OS", Kadias = 7Z5.(7o feet} a chord besriag and di~L3tter of 5auiiz SZ° 2$' S7" East. ? f S:Oa feet ca the True Poiar.affleg:icutirrg, caatainitig 0156 asa;c of land, caorc or Less. Subject, however, to all Ie;a! rights. of v+ays and/or easements, if any, of previous cccard. fiearit<gs far this desaipda~n are board oa the OEua State 1?tattr Cnarditiace $ymm as per NAD33. Control for bearings was from cnatdinata cf Monamena 55:36 and 775? having a bearing South 85= 4d' 30" East, betwean said monuments; established by tfie Fcarttclin County Ertgincering Deparoment O-~'S' ~. 5 g l~~- p , ~.- 5 ~ . o ~~ v~ t'YANS, MECHWART,:HAMSL1rTON & TtLTON, INC. Matiftew A. KirSc Registered Surxeyar No. 7863 Z E aF Oy~o P.Fl,EL1MlNAAY AP:PROVaL QAArtlr 'iRr .:.::.. _. l~rrr~r a 1Era ~ p~.~ ~~~r~~~a ~~o Fss~aMAl.~~~, GROUND LEASE AND OPERATING AGREEMENT between CITY OF DUBLIN, OHIO and TARTAN GOLF COMPANY, LLC Golf Course Project) Dated as of December 7, 2000 Filed on 2000 at ____ m., E.D.S.T. as Instrument No. in Volume ,Page of the Franklin County, Ohio Officiai Records. INDEX The Index is not a part of this Lease and is only foi• convenience of reference.) Page Recitals ...........................1 ARTICLE I DEFINITIONS Section !.1 Use of Defined Terms .................................................................................................. 2 Section 1.2 Definitions ....................................................................................................................2 Section 1.3 Inteipretation ................................................................................................................5 Section 1.4 Captions and Headings ................................................................................................ 6 ARTICLE II LEASE AND USE OF PROPERTY; LEASE TERM Section 2.1 Lease of Property and Retention of Rights .................................................................. 7 Section 2.2 Use of Property ............................................................................................................ 7 Section 2.3 Lease Term ................................................................................................................... 8 ARTICLE III RENT Section 3.1 Rent ......................................................................................................................... 4 Section 3.2 Place of Payment .......................................................................................................... 9 Section 3.3 Representations and Covenants of the Lessee ............................................................. 9 ARTICLE IV CONSTRUCTION, MAINTENANCE AND USE OF PROPERTY AND PROTECT FACILITIES Section 4.1 Construction ............................................................................................................... 10 Section 4.2 Name ....................................................................................................................... 1 I Section 4.3 Maintenance and Use of Property .............................................................................. 11 Section 4.4 Improvements ....................................................................................................... 14 Section 4.5 Personal Property ....................................................................................................... 14 Section 4.6 Removal of Property .................................................................................................. 14 Section 4.7 Environmental Matters ............................................................................................... 14 Section 4.8 Indemnification .......................................................................................................... 15 Section 4.9 Prevailing Wages ....................................................................................................... 15 Section 4.10 Compliance with Lega! and Insurance Requirements ...........:................................... 15 Section 4.1 1 Zoning ........................................................................................................................ 15 ARTICLE V TAXES, MECHANICS' LIENS, INSURANCE AND UTILITIES Section 5.1 Payment of Taxes and Other Governmental Charges ............................................... 17 Section 5.2 Mechanics' and Other Liens ...................................................................................... 17 Section 5.3 Insurance .................................................................................................................... I7 Section 5.4 Contractual Liability Insurance .................................................................................. 18 Section 5.5 Workers' Compensation Coverage ............................................................................ 18 Section 5.G Payment by the Lessor ............................................................................................... 18 Section 5.7 Waiver of Subrogation ............................................................................................... 18 Section 5.8 Utilities ....................................................................................................................... 18 ARTICLE V I DAMAGE, DESTRUCTION AND CONDEMNATION Section 6.1 Damage to Property and Project Facilities ................................................................ 19 Section 6.2 Use of Insurance Proceeds ......................................................................................... 19 Section 6.3 Appropriation ............................................................................................................. 19 ARTICLE VII FURTHER REPRESENTATIONS AND AGREEMENTS RESPECTING THE PROPERTY AND THE LESSEE Section 7.1 Right of Access ................................................................24 Section 7 2 Assi n t d S iblgmenanueas ng .......................................................................................20 Section 7.3 Attomment by Lessee ................................................................................................20 Section 7.4 Estoppel Certificate ....................................................................................................20 Section 7.5 Representations and Covenants of the Lessee ...........................................................21 Section 7.6 Notice of Default ..............2I Section 7.7 Covenants of the Lessor .....21 Section 7 8 Further Covenants of the Lessee Section 7.9 Conditions to the Lessee's Obligations ..................................................................... 22 22 Section 7.10 Right of First Refusal on a Proposed Sale of the Project Facilities ...........................22 ARTICLE VIII DISPOSITION OF PROPERTY UPON TERMINATION Section 8. i Termination of Lease ................................................................................................. 24 ARTICLE IX EVENTS OF DEFAULT AND REMEDIES Section 9.1 Events of Defauit ........................................................................................................ 25 Section 9.2 Remedies on DeFault .................................................................................................. 25 Section 9.3 Lessor's Ability to Cure Default .......................................................................:........ 26 ii Section 9.4 No Remedy Exclusive ................................................................................................ 26 Section 9.5 Agreement to Pay Attorneys' Fees and Expenses ..................................................... 27 Section 9.6 No Waiver .................................................................................................................. 27 ARTICLE X MISCELLANEOUS Section 10.1 Quiet Enjoyment ........................................................................................................28 Section 10.2 Notices ................................28 Section 10.3 Binding Effect Section 10.4 Extent of Covenants of the Lessor; No Personal Liabilit 28 28y ........................................ Section I0.5 Execution CounteTParts .....................................................28 Section 10.6 Severability Section 10.7 Modification and Amendment 28 Section 10 8 Survival 29 Section 10 9 Entire A reeme t 29 g n 29 Section 10.10 Governing Law ..........................................................................................................29 Section 10.11 Recording ...................................................................................................................29 Signatures ...................................................................................................30 Acknowledgments ........................................................................................31 Fiscal Officer's Certificate ......................................................................32 EXHIBIT A -DEVELOPMENT AGREEMENT EXHIBIT B -PROPERTY EXHIBIT C -REAL PROPERTY EXCLUDED FROM THE PROPERTY EXHIBIT D -SPECIAL GOLF PROGRAMS iii- GROUND LEASE AND OPERATING AGREEMENT THIS GROUND LEASE AND OPERATING AGREEMENT (this "Lease") made and entet•ed into as of December 7, 2000 between the City of Dublin, Ohio, a municipal corporation and political subdivision organized and existing under its Charter and the laws of the State of Ohio (the City"), as lessor, and Tartan Golf Company, LLC, a limited liability company organized and existing under the laws of the State of Ohio {"TGC" and together with the City, the "Parties"), as Icssee, under the circumstances summarized in the following recitals (the capitalized terms not defined in the recitals being used therein as defined in Article I hereof): A• The City is desirous of encouraging and promoting development within the City of public recreation facilities generally designed to impt•ove the quality of life of residents of the City, all in furtherance of the City's public purposes of providing parks and recreation, community and cultut•al programs and services and pursuant to the Ohio Constitution, the laws of the State of Ohio and the Charter and ordinances of the City. B. Pursuant to a Development Agreement dated August 14, 2000 (the "Development Agreement"}, a copy of which is attached hereto as Exhibit A, the City agreed to undertake certain actions to provide for certain infrastructure improvements and public recreational facilities in the southwestern area of the City. C. The City also agreed pursuant to that Development Agreement to acquire certain real property within the City (as such real property is depicted and described on Exhibit B and referred to herein as the "Property") and to construct, ot• cause to be constructed, on the Property a first class golf course facility. D. The City has acquired the Property and has now determined to provide for the construction and operation of a first class golf course facility by entering into this Lease with TGC. E. Pursuant to Ordinance No. 119-00 passed on October 16, 2000 (the "Ordinance"), the City Council has authorized the execution of this Lease and to undertake the City's obligations set forth herein. F. Upon the terms and conditions set forth in this Lease, and to further the purposes of, and to satisfy certain of the City's obligations under, the Development Agreement, the City is willing to Iease the Property to TGC and TGC is willing to lease the Property from the City. G. The City and TGC each have full right and lawful authority to enter into this Lease and to perform and observe the provisions of this Lease on their respective parts to be performed and observed. NOW THEREFORE, in consideration of the premises and the mutual representations and agreements contained in this Lease, the Parties to this Lease agree as follows: ARTICLE I DEFINITIONS Section 1.1. Use of Defined Terms. In addition to the words and terms defined elsewhere in this Lease or by reference to another document, the words and terms set forth in Section 1.2 sha]l have the meanings set forth in Section I.2 unless the context or use clearly indicates another meaning or intent. Section 1.2. Definitions. As used herein: Acceptable Insurance Company" means an insurance company or companies, each rated "A" or better by A.M. Best, acting individually or collectively through an insurance tivst or other arrange~rtents satisfactory to the Lessor, and each qualified to do business in the State. City" means the City of Dublin, Ohio, a municipal corporation and political subdivision organized and existing under its Charter and the laws of the State. City Manager" means the City Manager of the City. Electric Utility Easements" means collectively (i) the easements granted to Columbus and Southern Ohio EIectric Company appearing of record in Deed Book 3535, page 575 and in Official Record Volume 3869, page G-03, Franklin County records and (ii) the easement granted to Columbus Southern Power Company appearing of record in Official Record Volume 11601, page D-O1, Franklin County records. Event of Default" means any of the events described as an Event of Default in Section 9.1. Farm Ditch" means the farm ditch more particularly described in the Phase I Environmental Site Assessment for ±585 Acres Located South of Shier Rings Road in Washington Township, Franklin County, Ohio, dated March 16, 2000 and prepared by EMH&T, Inc. Force Ivlajeure" means, without limitation, either (i) acts of God; strikes, lockouts or other labor disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes, tornadoes, other storms, droughts, floods, or other prolonged unusual adverse weather conditions; arrests; restraint of government and people; explosions; breakage, malfunction or accident to facilities, machinery, transmission pipes or canals; partial or entire failure of utilities; shortages of labor, materials, supplies or transportation, or (ii) any cause, circumstance or event not reasonably within the control of the Lessee. Gas Utility Easements" means collectively, those easements granted to Columbus Gas of Ohio, Inc. appearing of record in Official Record Volume 28657, page B-13 and Official Record Volume 28475, page H-10, Franklin County records. 2- Hazardous Materials" means any toxic or hazardous waste or substances (including petroleum products} which are regulated by applicable state or federal environmental laws or regulations. Independent Counsel" means an attorney or a firm of attorneys acceptable to the Lessor, duly admitted to practice before the highest court of the State and who or a partner of which is not a salaried employee or officer of the City or TGC. Insurance Requirements" means all provisions of any insurance policy covering or applicable to the Property, any part of the Property or any Project Facilities, all requirements of the issuer of any such policy, and alt orders, rules, regulations or other requirements of the National Board of Fire Underwriters (or any other body exercising similar functions} applicable to or affecting the Property, any part of the Property or any Project Facilities. Interest Rate for Advances" means the "Prime Rate" as published by The Wall Street Journal in the Money Rates section, as of the applicable date and as adjusted from time to time. Lease" means this Ground Lease and Operating Agreement, as amended or supplemented from time to time. Lease Term" means the term of this Lease, as established under Section 2.3 hereof. Legal Requirements" means all laws, statutes, codes, acts, ordinances, resolutions, orders, judgments, decrees, injunctions, rules {including but not limited to the MORPC Rules), regulations, permits, licenses, authorizations, directions and requirements of all governmental entities, departments, commissions, boards, courts, authorities, agencies, officials and officers, foreseen or unforeseen, ordinary or extraordinary which now or at any time hereafter may be applicable to the Property, any part of the Property or any Project Facilities, or the operation of the Project Facilities, or any other use, anticipated use or condition of the Property, any part of the Property or any Project Facilities, including, but not limited to, the codes and regulations of the Lessor of general application with respect to architectural requirements, building, landscaping, parking, site layout, Iighting and other related items, and the liquor control laws of the State. Legislative Authority" means the Council of the City. Lessee" means TGC. Lessor" means the City. MORPC Rules" means any standards promulgated by the Mid Ohio Regional Planning Commission now or hereafter in effect relating storm water management. Net Proceeds" when used with respect to any insurance proceeds or condemnation award means the gross proceeds thereof Less the payment of all expenses, including attorneys' fees, incurred in connection with the collection of such gross proceeds. 3- Notice Address" means: a) As to the City: City of Dublin 5200 Emerald Parkway Dublin, Ohio 43017 Attention: City Manager b) As to TGC: Tartan Golf Company, LLC 8070 Tartan Fields Drive Dublin, Ohio 43017 Attention: President with a copy to: Jeffrey T. Hayes, Esq. Porter, Wright, Morris & Arthur LLP 41 South High Street Columbus, Ohio 43215 or such different addc•ess notice of which is given under Section 10.2. Project Facilities" means the golf course, driving range, practice putting green, clubhouse facility, storage buildings, maintenance buildings, parking lot, cart paths, sidewalks, and all other structures or other improvements constructed or installed on the Property pursuant to the Project Facilities plans and specifications, together with all maintenance equipment owned or leased by Lessee and located on or used in connection with the maintenance of the Project Facilities, and all other fixtures and equipment constructed or installed on the Property, and ail replacements thereof or additions thereto. Project Purposes" means the construction and operation of the Project Facilities in accordance with the terms of this Lease. Project Specifications" means a frst class, I8 hole championship golf course designed by Hurdzan/Fry Golf Course Design, Tnc., of approximately b,800 yards in playing ]ength, a driving range, a practice putting green, a clubhouse facility of approximately 7,000 square feet with pi•o shop, grill room, men's and women's locker rooms, dining room, private dining room, and kitchen, cart storage for approximately 70 golf carts, parking for approximately 250 automobiles, a maintenance building of approximately 5,000 square feet, and all other maintenance equipment and other facilities and equipment reasonably necessary for the operation of a consistently high quality daily fee golf course open to public play. The Parties agree that the Project Specifications will provide for the construction of the Project Facilities in such a manner that the quality of the completed Project Facilities shall equal or exceed the quality of Cooks Creek Golf Club, in Ashville, Ohio, Bent Tree Golf Club, in Sunbury, Ohio and Royal American Golf Links, in Galena, Ohio. Property" means the real estate described in Exhibit B, together with all easements including easements for access roads thereto), rights and appurtenances thereto, but excluding therefrom the 0.349 acres of real estate described in Exhibit C. Lessee acknowledges that the 4- Property is subject to all easements of record, including, but not limited to, the Gas Utility Easements and the Electric Utility Easements. The Parties acknowledge and agree that the real property included within the Property may be amended froth time to time solely by written agreement executed by the Parties. Rent" means the rent payable pursuant to Section 3.1. Rent Payment Date" means each January 3 I during the Lease Tenn. Required Property Insurance Coverage" means at any time insurance in the amount of 90% of the value without deduction for depreciation of the Project Facilities insuring the Project Facilities against loss or datnage by fire and extended coverage risks, including but not limited to natural disasters, vandalism and malicious mischief, and containing a loss deductible provision not to exceed $1,000. Required Public Liability Insurance Coverage" means comprehensive general accident and public liability insurance with coverage limits not less than $5,000,000 combined single limit as to death or bodily injury and property damage with a loss deductible provision not to exceed 1,000. TGC" means Tartan Golf Company, LLC, a limited liability company organized and existing under the laws of and qualified to do business in the State, and its Iawful successors and assigns, as permitted under the terms of this Lease. State" means the State of Ohio. Section 1.3. Interpretation. Any reference in this Lease to the City or to any officers of the City includes those entities or officials succeeding to their functions, duties or responsibilities pursuant to or by operation of law or lawfully performing their functions. Any reference to a section or provision of the Constitution of the State, or to a section, provision or chapter of the Ohio Revised Code, shall include such section, provision or chapter as modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplement or superseding section, provision or chapter shaII be applicable solely by reason of this paragraph if it constitutes in any way an impairment of the rights or obligations of the City or TGC under this Lease. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof', "hereby", "herein", "hereto", "hereunder" and similar terms refer to this Lease; and the term "hereafter" means after, and the term "heretofore" means before, the date of this Lease. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. References to articles, sections, subsections, clauses, exhibits or appendices in this Lease, unless otherwise indicated, are references to articles, sections, subsections, clauses, exhibits or appendices of this Lease. 5- Section 1.4. Captions and Headings. The captions and headings in this Lease are solely for convenience of reference and in no way define, limit or describe the scope of the intent of any article, section, subsection, clause, exhibit of appendix of this Lease. End of Article n 6- ARTICLE II LEASE AND USE OF PROPERTY; LEASE TERM Section 2.1. Lease of Property and Retention of Rights. t) Upon and subject to the provisions set forth in this Lease, the Lessor, for and in consideration of the Rent to be paid and of the covenants and agreements to be kept and performed by the Lessee, does hereby ]ease to the Lessee and the Lessee does hereby lease from the Lessor, the Property in accordance with the provisions of this Lease. The Lessor will allow the Lessee to enter the Property for purposes of this Lease upon execution of this Lease or such later date as shall be agreed to by the Parties. b} The Lessor reserves the right to approve or disapprove any liens which may be placed on the Property in connection with any financing by the Lessee. Further, the Lessee may not refinance the Project Facilities without the Lessor's prior written approval. Lessor agrees that any approvals required pursuant to this Section 2.1(b) shalE not be unreasonably withheld; provided, however, the Parties agree that the City may withhold approval if, among other considerations, the City concludes that such actions by the Lessee would increase the City's financial risk. c) The Lessee may not permit any liens to be placed on the Property, other than as permitted in (b) above, in connection with the financing of the Project Facilities. Section 2.2. Use of Property. a} During the Lease Term, the Lessee shall have the right to use or lease the Property only for Project Purposes and to construct or cause to be constructed thereon the Project Facilities in accordance with the procedures and standards specified in Article IV hereof. b} The Lessee shall comply or cause compliance with ail applicable codes and regulations of the Lessor of general application, any applicable federal or state laws, rules or regulations and any and all other Legal Requirements in connection with the design, construction and operation of the Project Facilities. c) The Lessee agrees to conduct or cause to be conducted the operations of the Project Facilities and control or cause to be controlled its agents, employees, independent contractors, invitees and visitors in compliance with all legal requirements and in such a manner as not to create any nuisance, or unreasonably interfere with, annoy or disturb owners of any adjacent property to the Property. d} The Lessor agrees to promptly notify the Lessee of any material amendments to the Development Agreement or of any material changes of which the Lessor is aware to the proposed plan of development of the residential commt.rnity (as described in the Development Agreement). 7- Section 2.3. Lease Term. a) The term of this Lease will commence a5 of the date of this Lease and will terminate on December 31, 2042, subject to extension as provided in this Lease. b) This Lease shall be extended beyond the initial lease period in increments of f ve (5) years for two additional five (5} year terms automatically; provided, however, that if either party gives notice to the other at least 120 days in advance of the then current Iease expiration date, that said party desires that the Lease not be so extended, then the Lease will not be extended and shall be tet~ninated in accordance herewith. c) In addition, the Parties may negotiate any extension subject to the approval of the Legislative Authority. Itt the event that such extension is negotiated, the extension shall be memorialized in a new lease agreement executed by the Patties. End of Article TI) 8- ARTICLE III RENT Section 3.l . Rent. The Lessee shall, on or before each Rent Payment Date, pay as annual Rent under this Lease an amount of One Dollar ($1.00). Section 3.2. Place of,Payrxtent. Rent shall be payable directly to the Lessor. Section 3.3. Representations and Covenants of the Lessee. The Lessee represents it reasonably believes that (i) the Lessee can obtain sufficient funds to pay the Rent during the Lease Term and (ii) the Lessee will make arrangements for those payments of Rent for each Rent Payment Date. The Lessee hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds froth which payments of Rent may be lawfully made. End of Article III) 9- ARTICLE IV CONSTRUCTION, MAINTENANCE AND USE OF PROPERTY AND PROJECT FACILITIES Section 4. ] . Constr•ttction. The Parties agree that: a) Gener•a[Iv. The Lessee will construct the Project Facilities or cause the same to be constructed on the Property in accordance with plans and specifications approved by the Lessor in accordance with this Section 4.1. Prior to the commencement of construction of any of the Project Facilities, the Lessee will provide the Lessor with initial plans and specifications related to such constriction. Within fourteen (14) days after receipt of such plans and specifications by the Lessor, Lessor will review such plans and specifications and notify Lessee if such plans and specifications are approved, which approval shall not be unreasonably withheld. Further, any material changes to the plans and specifications previously approved in accordance with this Section 4.1 shall be subject to the satne approval requirements set forth herein. Upon completion of the construction of the Project Facilities, the Project Facilities will meet and satisfy the Project Specifications and plans and specifications approved in accordance with this Section 4. I iti all material respects and will constitute a first class, daily fee, public play golf course and club facility, consistent in overall quality with other first class, public play golf courses in the central Ohio area. The Parties agree that the Lessor shall have no financial responsibility with respect to the construction, operation, or maintenance of the Project Facilities; b) Timing of Construction. The Lessee will establish a timetable for the construction of the Project Facilities which calls for the completion of the Project Facilities no later than July 2002 assuming more or Iess normal weather conditions and reasonable availability of contractors and materialmen during the period of construction); c) Construction of Clubhouse. The Lessor and Lessee will each exercise their respective best efforts to satisfy the following conditions: (i} the Lessee will submit plans and specifications in the forrrr and with the content customarily submitted to the Planning and Zoning Commission for the clubhouse facility portion of the Project Facilities to Lessor- no later than December 1, 2000 and (ii) Lessor will facilitate the review and approval process by the City's Planning and Zoning Commission in order- that approval for the clubhouse facility portion may be granted no later than January 18, 200 i and that permits for construction of the clubhouse facility portion of the Project Facilities may be granted no later than March 30, 2001. If the Parties satisfy the requirements of this subsection, the Lessee shall diligently pursue such construction of the clubhouse facility portion thereafter, and shall use all reasonable commercial efforts (after consideration for any exigent circumstances which may delay that construction) to complete the construction of the clubhouse facility according to the timetable set forth herein; and d) Rotrt;h Grading. Pursuant to the Development Agreement, the Lessor has contracted with a third party to provide for tl~e rough grading of the Property ~tnd has further agreed to reimburse that third party fot• the cost of the tough grading as the Lessor and that third party mutually agree is allocable to the Property. The Lessor agrees that it will trot agree to the allocation of the cost of the rough grading without first consulting with the Lessee. The Parties agree that the Lessee will 10- reimbui:se the Lessor for those costs of rough grading in a manner which is mutually agreeable to the Parties. Section 4.2. Name. The Parties agree that the name of the Project Facilities will be "The Golf Club of Dublin". The Parties further agree that the Lessee will use its best efforts to recognize the Lessor's association with the development of the Project Facilities. Section 4.3. Maintenance and Use of Pro e~rtX. The Lessee: a) Maintenance. Will keep and maintain, at no cost to the Lessor, the Property and the Project Facilities, including but not limited to the golf course, clubhouse, maintenance buildings, and all other buildings, structures, improvements, fixtures, equipment, and utility systems which may now or hereafter exist on or in the Property in good, operable, and usable condition and repair, normal wear and tear excepted, but, in any event, consistent with other first class, public play golf courses in the central Ohio area, and shall make or cause to be made any and all repairs or replacements as may be required to maintain such standards. Specifically, the Lessee shall perform the specific maintenance with respect to the golf course generally in accordance with a maintenance standards manual. The Lessee shall give representatives of the Lessor a reasonable opportunity to review that maintenance standards manual from time to time, provided, however, that such maintenance standards manual shall be a confidential and proprietary business record of the Lessee and shall not be made public by the Lessor. The Lessor shall not have the duty to make, nor shall it be called upon to make, any improvements, replacements or repairs to the Property or' the Project Facilities, except as described in Section 7.7 hereof; b) Maintenance and Repairs Fund. Will maintain or cause to be maintained a separate and discrete fund or account which fund or account shall be maintained at a bank located in the State of Ohio (the name and location of which bank will be promptly provided to the Lessor) to satisfy the conditions set forth in Section 4.3(a} and shall depositor cause to be deposited by July 31, of each year, four percent (4%) of the total of all greens fees and golf cart fees received by the Lessee from operation of the Project Facilities in the immediately preceding calendar year; provided, however, that no such deposit shall be required in calendar years 2001 through 2003 and the deposit in the year 2004 shall be equal Co two percent (2%) of such greens fees and cart fees received by the Lessee from operation of the Project Facilities in calendar year 2003; c) Operation of Project Facilities. Shall operate the Project Facilities, handling the collection and disbursement of all money, taking reservations, employing and directing all employees and independent contractors, purchasing supplies and services, purchasing insurance coverages, handling disputes with third parties, collecting and paying appropriate taxes, and obtaining all appropriate permits; d) Fees. Shall charge fair and reasonable greens fees that are not substantially higher than greens fees charged by comparable first class public play golf courses in the central Ohio area, when compared on ~t relative basis, based on the respective total costs of 11- construction and operation of the Project Facilities anti the total costs of construction and operation oi'such other public play golf courses, as such costs can be determined or estimated; provided, however, that residents of the City shall receive a twenty percent (20%} discount on greens fees #ot• regular public play daring "peak periods" and atwenty-five percent (ZS%) discount on such actual fees due•ing "off peak periods". For purposes hereof, "peak pe~•iods" shall mean starting times at any time on Fridays, Saturdays, Sundays and holidays, and all other times shall be "off peak periods"; e) Dublin Resident Advance Tee Times. Establish a program pursuant to which patrons of the Project Facilities who are residents of the City may participate to provide for the reservation of advance tee times; t) Use of Premises by City. Shall permit the City to reserve rooms in the clubhouse foi• up to four meetings per year, upon requests submitted to the Lessee at least 90 days in advance for the City's annual retreat, 30 days in advance for other meetings, and at other times subject to availability. The Lessee agrees that it shall waive any facility rental fees which would normally be imposed in connection with the fout• meetings described in this subsection. The City agrees that it shall pay any other costs associated with such use at rates equivalent to those charged to other individuals and organizations; g) Annual Business Plan; Review of Operations. Shall prepare an annual business plan no later than November 30 of each yeat• for the following calendar year, commencing with the business plan for calendar year 2002, and shall meet with representatives of the City promptly following November 30 of each year to review such business plan, provided, however, that such business plans shall be confidential and proprietary business records of the Lessee and shall not be made public by the Lessor. Tn addition, the Lessee shall meet with representatives of the City to review the performance of the Lessee's obligations under this Lease and the Lessee's performance as measured against the business plan for the current year, upon the request of the City from time to time during the term of this Lease, at any time if the Lessee is in default under the Lease and otherwise not more frequently than quarterly dut•ing the first two years of the Lease nor more frequently than annually thereafter. In addition, the Lessee shall cause the operation of the Project Facilities to be reviewed by the United States Golf Association at Ieast annually and shall provide the Lessor with a copy of any report rendered in connection therewith promptly upon the Lessee's receipt thereof. h) Staffin Shall recruit, interview and hire the staff For the Project Facilities, including a head go1F professional, assistant golf professionals, golf course superintendent, grounds maintenance personnel, clubhouse personnel, food & beverage personnel, janitorial service, etc. Such personnel shall be kited and employed by the Lessee or shall be retained by the Lessee as independent contractors or through an independent contractor and shall not be employees of the Lessor. Golf instructors shall be qualified instntctors accredited by the Professional Golfers' Association of America; 12- i) Record-kcepin~. Shall maintain books and records relating to the business activities of the Project Facilities in accordance with generally accepted accounting principles, separate from its other books and records. Within 90 days after the end of each calendar year, the Lessee shaI] prepare an audited balance sheet and income (or loss} statement. At any time daring the term of this Lease, during normal business hours, the Lessor shall be entitled, at its expense, to inspect the books and records of the Lessor relating to the Project Facilities and any and all annual audited financial statements and other internal unaudited financial statements of the Lessee, provided that the Lessor acknowledges that all such books, records and financial statements are confidential and proprietary business records of the Lessee and shall not be made public by the Lessor; j} Non-disct•imination. Shall follow nondiscriminatory practices and acknowledges that no individual may be denied employment or use of the Property or Project Facilities solely on t}~e basis of race, religion, sex, disability, color, national origin, or ancestry; k) Driving Range. Shall, as part of the Ptoject Facilities, constntct anti maintain a driving range to provide practice facilities for patrons of the Project Facilities and to promote the activities described in Section 4.3(1). Lessee shall not ptovide fot• the artificial lighting of those driving range facilities or advertise or promote those driving range facilities as a destination driving range; 1) Promotion of Golf Activities. Shall use reasonable efforts to promote the use of the Project Facilities by residents of the Lessor, and will provide special golf programs for juniors, women and other non-traditional golfers (which include, but shall not be limited to, those programs which at•e set forth on Exhibit D ,and will permit a reasonable amount of use of the Project Facilities by the golf teams of high schools serving the residents of the City and any nonpttblic high schools located within the City, at times subject to availability, with a reasonable amount of such play to be provided to the high schools without charge and any additional play to be provided at reduced rates as may be agreed upon between such high schools and the Lessee; m) No Impairment of Propertx. Will not do, or permit to be done, any act or thing which might materially impair the value of the Property or any Project Facilities ar the character or usefulness of the Property, any part of the Property or any Project Facilities, will not commit or permit any material waste of the Property or any Project Facilities and will not permit any unlawful occupation, business or trade to be conducted on the Property, any part of the Property or any Project Facilities; and n) Compliance. Shall also promptly comply with or cause to be complied with all rights of way or use, privileges, franchises, servitudes, licenses, easements, tenements, hereditaments and appurtenances forming a part of the Property and any Project Facilities and all instruments creating or evidencing the same, in each case, to the extent compliance therewith is required of the Lessee unciet• the terms thereof. 13- Section 4.4. Improvements. Except as may otherwise be; provided in Section 2.2, the Lessee may from time to time, in its sote discretion and at its expense, but subject to any Legal Reyuiretncnts, make, or permit to be made;, from time to time any improvements to the Property which it may deem desirable, in addition to the Project Facilities; provided, however, that il~ the Lessee seeks to erect any permanent structure on the Property other than the Project Facilities, the Lessee shall first obtain the consent of the Lessot•, which shall not be unreasonably withheld. All improvements so made or permitted by the Lessee shall become or be deemed to constitute a part of the Property. Section 4.5. Persona[ Property. The Lessee, or its sublessees, tnay from tithe to tithe, in their sole discretion and at their expense, install, or permit the installation of, personal property including without limitation that which installed becomes in whole ot• in part a fzxture upon the Property. All such property so installed, or permitted to be installed, by the Lessee, or its sublessees, including without limitation any and all equipment or othet• items of personal property that are included in the Project Facilities, shall remain t1~e property of the Lessee, or its sublessees, in which the Lessor shall have no interest, and may be purchased by the Lessee, or its sublessees, on conditional sale, installment, purchase or lease sale contract, or subject to vendor's lien or security agreement, as security for the unpaid portion of the purchase pt•ice thereof, to the extent petznitted by law; provided that no such lien or security interest shall attach to any part of the Property. The Lessee, or its sublessees, shall pay as due the purchase price of, and all costs and expenses with respect to, the acquisition and installation of any such personal property installed by them pursuant to this Section. Section 4.6. Removal of Property. The Lessee may at its expense at any time while it is not in default under this Lease ot• upon the expiration of the Lease Term remove from the Property, or permit the removal from the Property of, any property purchased and installed by it or its sublessees or assigns and not included as part of the Property. In the event any removal of property pursuant to this Section causes damage to any portion of the Property, the Lessee shall restore the Property or repair such damage at its expense. If any property which is not part of the Property is not removed upon the termination of or expiration of this Lease, the property will be deemed to he abandoned and shall be the absoittte property of the Lessor. Section 4.7. Environmental Matters. The Lessee tepresents, warrants and covenants to the Lessor that the Property and any Project Facilities will remain incompliance with ail applicable laws, ot•dinances and regulations (including consent decrees and administrative orders) relating to public health and safety and protection of the environment. The Lessee warrants and agrees that it will not use, maintain, generate, store, treat or dispose of any Hazardous Materials in or on the Property or any Project Facilities in violation of applicable governmental regulations. The Lessee hereby indemnifies the Lessor from and against any loss, liability, claim or expense, including, without limitation, c[eailup, engineering and reasonable attorneys' fees and expenses that the Lessor may incur by reason of any investigations or claim of any governmental agency or thit•d party in relation to any such health, safety, ot• envit•onmental matters, for any actions taken by the Lessee, its agents, licensees, concessionaires, contractors or employees on the Property or any Project Facilities during the Lease Term. The Lessee's indemnity to the Lessor under this Section 4.7 shall survive the cancellation or termination of this Lease. The Lessor hereby assigns to Lessee any rights, either express or implied, which Lessor may have pursuant to the Development Agreement with respect to the Property's compliance with all 14- applicable Eaws, ordinances and regulations (including consent decrees and administrative order:s) relating to public health and safety and protection of the environment. Section 4.8. Indemnification. The Lessee releases the Lessor ti•om, agrees that it shall not be liable fot•, and indemnifies the Lessor against, all liabi]ities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses except as may be limited by law or judicial order or decision entered in any action brought to recover moneys under this Section) imposed upon, incurred by or asset•ted against the Lessor on account of any of the following, to the extent the same relate to any event or circumstance occutt•ing or arising at any time during the Lease Term: {a) ownership of any interest in the Property or any part of the Pt•opetty, (b) any accident, injury to, loss by of death of persons or loss of or damage to property occun•ina on or about the Property or any part of the Property or the adjoining sidewalks, curbs, if any, streets or ways, (c) any use, disuse or condition of the Property or any part of the Property, or the adjoining sidewalks, Clzi'bs, if any, streets or ways, (d) ~tny failure on the part of the Lessee to perform or comply with any of the tezms hereof, or (e) the pet•formance of any labor or services or the furnishing of any matet•iais or other property in respect of the Property or any part thereof, or (f) operation of any Project Facilities on the Pt•opetty; except to the extent that any of the fot•egoing is attributable to the gross negligence of the Lessor. In case any action, suit or proceeding is brought against the Lessor for any such reason, the Lessee will, at the Lessee's expense, cause such action, suit or proceeding to be resisted and defended by Independent Counsel. Any amounts payable to the Lessor undet• this Section which are not paid within ten days after written demand therefor shall bear interest at the Interest Rate for Advances from the date of such demand. The obligations of the Lessee under this Section shall survive any termination of this Lease. Section 4.9. Prevailin~Wa~eS. The Lessee agrees to comply with the requirements of Ohio Revised Code ~ 41 15.03 et. seq. relating to the payment of prevailing wages on the construction of public impt•ovements, to the extent the same is applicable to the Project Facilities. Section 4. I0. C_ omplance with Legal and Insurance Requirements. The Lessee, at its expense, shall promptly comply or cause compliance with all Legal Requirements and Insurance Requirements, and shall procure, maintain and comply, or cause procurement, maintenance and compliance, with all permits, licenses and other authorizations requited for any use being made of the Property, any paz•t of the Property or any Project Facilities then being made ot• anticipated to be made, and for the proper operation and maintenance of the Property, any part of the Propetrty or any Pt•oject Facilities, and will comply or cause compliance with any instruments of record at the time in force burdening the Property or any part of the Property. The Lessee may, at its expense and aftet• prior notice to the Lessor, by any appt•opriate proceedings diligently prosecuted, contest in good faith any Legal Requirement and postpone compliance therewith pending the resolution or settlement of such contest provided that such postponement does not, in the opinion of Independent Counsel, subject the Property, any part thet•eof or any Pz•oject Facilities to imminent loss or forfeiture. Section 4,1 I Zo ins. Tl~e Lessee shall operate the Property and the Project Facilities in compliance with any applicable zoning regulations. The Lessee expressly acknowledges that the clubhouse, the maintenance facility and the driving range are subject to further zoning review befot•e they ate acceptable uses. The Lesso-- will be a eo-applicant with the Lessee in seeking apptopriate I5- zoning for the Prvject Facilities and shall support the Lessee's application for any necessary change in zoning or variance necessary to evnstruct and operate the Project Facilities. End of Article IV) I6- ARTICLE V TAXL-S, MECHANICS' LIENS, INSURANCE AND UTILITIES SeCtlorl 5.1. Payment of Taxes and Other Governmental Charges. The Lessee shall pay, or cause to be paid, as the same respectively come due, all taxes, assessments, whether general or special, and other govetntnental charges of any kind whatsoever, including but not limited to payments in Iiett of taxes, foreseen or unforeseen, ordinary or extraordinary, that now or may hereafter at any time during the Lease Term be assessed or levied against or with respect to the Property, any Project Facilities or any personal property located on the Property which, if not paid, may become or be made a lien on the Property or any Project Facilities, or any part thereof or a charge on such t•evenues, income and p-•ofits therefrom, and all utility and other charges incur'r'ed in the operation, maintenance, use, occupancy and upkeep of the Property or any Project Facilities. Proof of the payment of such taxes and charges shall be provided to the Lessor not less than once annually. Notwithstanding the preceding pztcagt•aph, the Lessee may, at its expense and after prior written notice to the Lessor, by appropriate proceedings diligently prosecuted, contest in good faith the validity or amount ofi any such taxes, assessments and other charges, and during the period of contest, need not pay the items so contested. However', if at any time the Lessor' shall deliver to the Lessee an opinion of Independent Counsel to the effect that by nonpayment of any such items the Property will be matet'ialIy affected or the Property or any part thereof will be subject to imminent loss or forfeiture, the Lessee shall promptly pay, or cause to be paid, such taxes, assessments or charges. During the period when the taxes, assessments or other charges so contested terrain unpaid, the Lessee shall set aside on its books adequate reserves with respect thereto. Section 5.2. Mechanics' and Othet• Liens. The Lessee shall not permit any mechanics' or other Iiens to be Filed or exist against the Property by reason of work, tabor, services or matet'ials supplied or claimed to have been supplied to, for or in connection with any projects undertaken upon the Property or to the Lessee or anyone holding the Property or any part thereof through or under the Lessee. If any such lien shall at any time be filed, the Lessee shall, within thirty days after notice of the filing thereof, but subject to the right to contest hereinafter set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Notwithstanding the foregoing, the Lessee may, at its expense, and after prior notice to the Lessor, by appropriate proceedings duly instituted and diligently prosecuted, contest in good faith the validity or the amount of any such lien. However, if the Lessor shall deliver to the Lessee an opinion of Independent Counsel to the effect that by nonpayment of any such items, the Property or any part thereof will be subject to imminent loss or forfeiture, the Lessee shall promptly cause such lien to be discharged of record. Section 5.3. Insurance. The Lessee shall keep, or cause to be kept, the Property and any Project Facilities continuously insured in the amount and with coverage of the Required Public Liability Insurance Coverage and shall keep and maintain, or cause to be kept and maintained, with respect to any Pt•oject Facilities, Requited Property Insurance Coverage. Such insurance shall be obtained and maintained by means of policies with Acceptable Insurance Companies. The Lessor shall be named as an additional insured on any insutance policies required by this section. The insurance to be provided may be by blanket policies. Each policy of it~suranee shall be written so as 17- not to be subject to cancellation or substantial modification upon not less than thirty (30) days' advance written notice to the Lessor. The Lessee shall deposit with the Lessor certificates or other evidence satisfactory to the Lessor that the insurance required by this Section has been obtained and is in full force and effect and that all premiums on such Insurance have been paid in full. At least thirty 30) days prior to the expiration of any such insurance, the Lessee shall furnish the Lessor with evidence satisfactory to the Lessor that such insurance has beets renewed or replaced and that all premiums thereon have been paid in full. Any proceeds of policies providing Required Public Liability Insurance Coverage shall be applied toward the extinguishment or satisfaction of the liability with respect to which such insurance proceeds have been paid. Section 5.4. Contractual Liabilit. Insurance. From and after the execution of this Lease, the Lessee shall procure, pay for and thereafter maintain, or cause to be procured, paid for and maintained, a policy of contractual liability insurance in an amount, from time to time, reasonably acceptable to the Lessor, naming the Lessor a<5 the obligee/payee, and assuring the Lessor of the full and faithful perfotzrtance by the Lessee of its obligations of indemnity set forth in this Lease. Section 5.5. Workers' Compensation Coverage. The Lessee shall maintain, or cause to be maintained in connection with the Property and any Project Facilities any workers' compensation coverage required by the applicable laws of the State. Section 5.6. Payment by the Lessor. If the Lessee fails to (i) pay taxes, assessments and other governmental or utility charges, including but not limited to payments in lieu of taxes, as required by Section 5. I, (ii} pay or discharge mechanics' or other liens as required by Section 5.2, (iii) maintain and keep in force the insurance required by Sections 5.3 and 5.4 or (iv) maintain required workers' compensation coverage as required by Section 5.5, the Lessor may, but shall not be obligated to, advance funds to pay any such required charges or items. Any funds so advanced shall be deemed as additional Rent due, and shall bear interest from the date of advancement at the Interest Rate for Advances. Section 5.7. Waiver of Subrogation. Parties hereby waive and release any rights and claims each may have against the other on account of any loss or damage occasioned to the Lessor or the Lessee, as the case may be, their respective property, the Property or its contents, to the extent covered by fire and extended coverage insurance, vandalism, malicious mischief and sprinkler leakage. Parties each, on behalf of their respective insurance companies insuring the property of either the Lessor or the Lessee against any such loss, hereby waive any right of subrogation that it might have against the Lessor or the Lessee, as the case may be, to the maximum extent pet-mitted by saw. Section 5.8 Utilities. The payment of utility charges are the responsibility of the Lessee and will be paid for by the Lessee. The Lessee hereby waives any claims caused 6y defect, deficiency and impai~Tnent of any utility systems against the Lessor. End of Article V) 18- ARTICLE VI DAMAGE, DESTRUCTION AND CONDEMNATION Section 6.1. Damage Co Property and Project Facilities. In case of any damage to the Property, any part of the Property or any Project Facilities, the Lessee will promptly give, or cause to be given, written notice thereof to the Lessor generally describing the nature and extent of such damage. There shall be no abatement or diminution of Rent and the Lessee shall, whether or• not the Net Proceeds of insurance, if any, received on account of such damage or destruction shaiI be sufficient for such purpose, promptly commence and complete, or cause to be commenced and completed, the repair or restoration of the Property as nearly as practicable to the value, condition and character of the Property existing immediately prior to such damage or destruction, with such changes or alterations, however, as the Lessee (with Lessor's written approval which shall not be unreasonably withheld) may deem necessary for proper operation of the Property for the Project Purposes. Section 6.2. Use of Insurance Proceeds. In connection with the repair or- restoration of any Project Facilities pursuant to Section 6.1 hereof, Net Proceeds of Required Property Insurance Coverage shall be paid to the Lessee or its designee, and shall be applied towards the repair and restoration of the Property and Project Facilities as described in Section 6.1. Section 6.3. Appropriation. If title to or the temporary use of the Property, any part of the Property or any Project Facilities, shall be taken under the exercise of the power of appropriation 6y any governmental body other than the Lessor or by any person, firm or corporation acting under any governmental authority, the Lessee will promptly give, or cause to be given, written notice of such taking to the Lessor describing the nature and extent of such taking. Any Net Proceeds received from any award made in such appropriation proceedings shall be applied in one or more of the following ways, at the option of the Lessee: a) the restoration of any Pc•oject Facilities by the Lessee to substantially the same condition as existed prior to the exercise of the power of appropriation; h) acquisition by the Lessor of real property to become part of the Property; or c) the acquisition by the Lessee, by construction or• otherwise, of other- improvements on the Property suitable for the Lessee's operations of the Property (which improvements shall be deemed a part of the Property). Any balance of such Net Proceeds not applied for the purposes specified above shall be credited as Rent pay<rble under this Lease. End of Article VI) I9- ARTICLE VII FURTHER REPRESENTATIONS AND AGREEMENTS RESPECTING THE PROPERTY AND THE LESSEE Section 7.1. Right of Access. The Lessee agrees, subject to reasonable security and safety regulations and upon reasonable notice, the Lessor and its employees and agents, shall have the right at all reasonable times to enter upon the Property and any Project Facilities for• purposes of inspection. The Lessee further atrrees that the Lessor and its employees and agents shall be provided such access to the Property and any Project Facilities as may be reasonably necessary for the proper maintenance of the Property and any Project Facilities in the event of failure by the Lessee to perform its obligations. Section 7.2. Assignment and Subleasing. a) This Lease may not be assigned in whole or in part by the Lessee, nor may the Property be subleased in whole or in part by the Lessee without the prior written approval of the Lessor, which shall not be unreasonably withheld; and provided, as a minimum, that any such assignee or sublessee is a reputable, qualified and experienced operator of golf coarse properties and agrees in writing to abide by all of the provisions of this Lease, and provided further, that any such assignment or sublease shall not relieve the Lessee from its liability and obligations under this Lease. b) The Lessor shall not mortgage, pledge, grantor assign a security interest in its right, title and interest under and in this Lease, and its rights to the Property, in whole or in part, without the pt'ior written approval of the Lessee. If Lessor determines to transfer any of its rights, title or interests in the Property, Lessor agrees to give and grant to Lessee a right of first offer and right of first refusal to purchase those rights, title or interests, as the case may be. Lessee's right of first offer and right of first refusal hereunder shall commence as of the date notice is provided to the Lessee and shall continue thereafter for a period of thirty (30) days. c) The Lessee may not and will not permit any other party, to mortgage, assign, sell, pledge, grant or• assign a security interest in its right, title and interest under and in this Lease, and its rights to the Property, in whole or in part, without the prior written approval of the Lessor. Section 7.3. Attornment by Lessee. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under arty mortgage encumbering the Property, Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser' as the Lessor under this Lease. Section 7.4. Estoppel Certificate. The Parties mutually agree that within fifteen (15) days after the request of the other party, and at no cost and expense to the patty requesting the same, the Lessor or the Lessee, as the case may be, will execute, have acknowledged and deliver to the other' party or its designee a certificate evidencing whether' or not: i) This Lease is in full force and effect; 20 _ ii) This Lease has been modified or amended in any respect, and identiFying such modifications or amendments, if any; iii) There are any existing defaults by either party heret.tnder to the knowledge of the party executing the certificate, and specifying the nature of such defaults, if any; iv} Such other statements requested in the notice as are, to the best of the certifying party's knowledge, true and correct; and v) Such other information and statements as are customarily contained in such certificates. Any certificate executed, acknowledged and delivered pursuant to this Section 7.4 may be relied upon by any third party dealing with either party hereto, this Lease, the Property or any Project Facilities. Section 7.5. Representations and Covenants of the Lessee. The Lessee represents that: a) Itis a limited liability company duly organized under the laws of the State and is in good standing, Lessee covenants and agrees that any change in control of the Lessee must be approved by the Lessor, which approval shall not be unreasonably withheld. b) It shall remain in existence throughout the term of this Lease unless otherwise agreed to in writing by the Lessor, which agreement shall not be unreasonably withheld. c) It ha_s full power and authority to execute, deliver and perform this Lease and to enter into and carry out the transactions contemplated hereby. Such execution, delivery and performance do not, and will not, violate any provision of Iaw applicable to the Lessee and do not, and will not, conflict with or result in a default under any agreement or instrument to which the Lessee is a party or by which it is bound. This Lease has, by proper action, been duly authorized, executed and delivered by the Lessee and all steps necessary have been taken to constitute this Lease a valid and binding obligation of the Lessee. Section 7.6. Notice of Default. The Lessee shall immediately notify the Lessor if it becomes aware of the occurrence of any Event of Default hereunder or of any fact, condition or event which, with the giving of notice or passage of time or both, would become an Event of Default. Section 7.7. Covenants of the Lessor. The Lessor covenants and agrees to: a) construct, or cause to be constructed, roadway improvements and utility improvements to facilitate the completion of the Project Facilities, as described in the Development Agreement, within the time frame contemplated by the Development Agreement and otherwise pursuant to a tirttetable that will permit the Lessor to complete the construction of the Project Facilities in accordance with the timetable described in Section 4.1 above. 21 - b) actin good faith to (i) cooperate with the Lessee to cause the release and relocation of the Electric Utility Easements, such that the Electric Utility Easements and any relocated lines shall not unreasonably interfere with the construction and operation of the Project Facilities, (ii) cooperate with the Lessee to file any applications and secure any necessary permits or approvals to backfiil the Farm Ditch or alternatively, to install pathways or bridges to provide access across the Farm Ditch, iii) cooperate with the Lessee, the Ohio Historical Preservation Office and such other patties as necessary to identify any sttuctutes of historical significance, determine if and to what extent those strictures may be modified and the extent to which the Project Facilities may be constructed in proximity to those stt•uctures, and {iv) vacate any portion or portions of the existing Woerner Temple Road right-of-way which the Parties shall reasonably agree are necessary to provide for the completion of the Project Facilities and appropriately amend the definition of the Property hereunder to include such additional portion or portions. The Parties agree that in no event shall the Lessor be required to expend any monies to satisfy its covenants set forth in this Section 7.7(b), except that the Lessor shall bear responsibility for• all legal proceedings in connection with the vacation of Woerner Temple Road. Section 7.8. Further' Covenants of the Lessee. The Lessee, within b0 days after the execution of this Lease, will apply for and use its best efforts to obtain a binding commitment from a lender to provide financing for the construction of the Project Facilities (a copy of such binding commitment shall be promptly provided to Lessor) and, upon obtaining such binding commitment, shall use its best efforts to proceed to close such financing within 30 days of the receipt of that binding commitment. If Lessee shall fail to receive a binding commitment or close on such financing within the times prescribed by this Section, the Lessor shall have the right to terminate this Lease. The Lessee shall, promptly after the execution of this Lease, make all necessary applications for the zoning changes or variances necessary to construct the Project Facilities on the Property and shall thereafter diligently pursue such zoning changes or variances. Section 7.9. Conditions to the Lessee's Obli ations. The obligations of the Lessee under this Lease shall be conditioned upon {i) the Lessee's having obtained appropriate financing for the construction of the Project Facilities, in a total amount and upon terms reasonably acceptable to the Lessee, {ii) the Lessee having obtained the zoning changes or variances necessary to construct the Project Facilities on the Property, and (iii) that any environmental or soil tests performed by or on behalf of the Lessee prior to the commencement of the construetion of the Project Facilities do not disclose any abnormal or otherwise adverse conditions that would render the construction of the Project Facilities unduly expensive or otherwise impractical. Section 7.10. Right of Fir:st Refusal ot~ a Proposed Sale of the Project Facilities. a) In addition to the restrictions on assignment and subletting of this Lease contained in Secticm 7.2 above, if at any time during the Lease Term, the Lessee desires to sell or otherwise transfer the entire Project Facilities ot• the gol F course property or clubhouse facility that are parts of the Project Facilities (the "Offered Assets") to any patty other than the City, the Lessee shall first be required to offer- to sell the Offered Assets to the City at the same p~•ice and upon the same terms as the Lessee intends to offer the Offered Assets for sale to third parties. 22- b) The Lessee shall submit its offer to sell the Offered Assets to the City in a written notice specifying all material teems of such offer (the "OfPee• Notice"). The City shall have a period of 60 days after its receipt of the Offer Notice within which to exercise its right and option to purchase the Offered Assets upon the terms specified in the Offer Notice, by delivering a written acceptance of the offer contained in the Offer Notice to the Lessee. c) 7f the City does not exercise its right and option to purchase the Offered Assets within such 60-day period or if the City gives the Lessee written notice prior to the expiration of such 60-day pee-iod that it does not intend to exercise such right and option, then the Lessee shall thereafter be free to oftier the Offered Assets for sale to third parties and to sell the Offered Assets to such a third party, upon the teems specified in the Offer Notice or upon such other terms as may be agreed upon between the Lessee and such third party buyer, provided that such teems are not materially different from those contained in the Offer Notice. The Parties further agree that the Lessee may not sell, either in whole or in parC> the Project Facilities without receiving the prior written approval of the Lessor, which shall not be unreasonably withheld, and farther provided, as a minimum, that any such purchaser is a reputable, qualified and experienced operator of golf course properties and agrees in writing to abide by all of the provisions of this Lease. The City agrees that a purchase price that is at least 90% of the purchase price specified in the Offer Notice shall not be deemed to be a material difference from the terms of sale contained in the Offer Notice. d) The Lessee shall not be permitted to sell the Offered Assets to any third party for a purchase price that is less than 90% of the purchase price specified in the Offer Notice without first again offering the Offered Assets to the City for such new purchase price. Further, the Lessee shall noC be permitted to sell the Offered Assets to any third party at any time after the date that is more than two years after the date of the Offer Notice, without first again complying with the terms of this Section 7.10. e) The Parties agree that the provisions of this Section 7.10 shall not apply to a transfer of the Project Facilities, or any part thereof, by the Lessee Co a person or entity owned or controlled by the Lessee or under common control with the Lessee, as part of a reorganization of the Lessee. For purposes of this subsection, "control" or "common control" shall be deemed to mean ownership of more than fifty percent (50%) of the outstanding voting stock of a corporation or other majority equity and controlling interest if not a corporation. End of Article VII} 23 - ARTICLE VIII DISPOSITION OF PROPERTY UPON TERMINATION Section 8.1. Termination of Lease. Subject to the Parties executing a further lease agreement to extend the term of this Lease, upon the expiration of the Lease Term, the Lease shall terminate and tl~e leasehold interest granted herein shall be extinguished and the Lessor shall take possession of the Property and any Project Facilities thereon, subject to the rights of the Lessee undez• Section 4.5 and 4.6 hereof with respect to any pei•sonaI property that may be included in the Project Facilities and subject to the rights of a lender or lenders to the Less under any applicable mortgage or leasehold mortgage. End of Article VIII) 24 - ARTICLE IX EVENTS OF DEFAULT AND REMEDIES Section 9.1. Events of Default. Any one or more of the following events shall be an Event of Default under this Lease: a) The Lessee shall fail to pay any payments of Rent on or prior to the date on which any such payment is due and payable. b) The Lessee shall fail to operate the Project Facilities or observe or perform any other term, covenant or agreement, on the Lessee's part to be observed or perfozmed under this Lease, in any material respect, and that failure continues for 30 days aftez• written notice of that failure is given to the Lessee by the Lessor; provided, that if the failure is of such nature that it cannot be corrected within the applicable period, that failure shall not constitute an Event of Default so long as the Lessee institutes curative action within the applicable period and diligently pursues that action to completion. c) The Lessee shall abandon the premises, or shall make a general assignment of this Lease for the benefit of its creditors. d) The filing of an involuntary petition against the Lessee under any bankruptcy or insolvency law, or under the reorganization provisions of any law of like import, or a receiver of the Lessee or for the assets of the Lessee shall be appointed without the acquiescence of the Lessee and such petition or appointment shall remain undismissed for- a period of sixty (64) days after the Lessor has given the Lessee written notice of intention to deem the petition or appointment as an Event of Default. e) The Lessee files a voluntary petition under any bankruptcy or insolvency law or files a petition or answer seeking any reorganization or dissolution, or seeks the appointment of any receiver, or makes any general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as the same become due. Notwithstanding the foregoing, if, by reason of Force Majeure, the Lessee is unable to per-form or observe any agreement, term or condition hereof, other than any obligation to make payments required hereunder, the Lessee shall not be deemed in default during the continuance of such inability. However, the Lessee shall promptly give notice to the Lessor of the existence of an event of Force Majeure and shall use its best efforts to remove the effects thereof; provided that the settlement of strikes or other tabor disturbances shall be entirely within their discretion. Section 9.2. Remedies on Default. Whenever an Event of Default shall have happened and be subsisting, any one or• more of the following remedial steps may be taken: a) The Lessor may re-enter and take possession of the Property without terminating this Lease and sublease the Property for the account of the Lessee, holding the Lessee Iiable for the difference during the Lease Term between the rent anti other amounts payable by such sublessee in such subleasing and the Rent; 25 - b) The Lessor may terminate this Lease, exclude the Lessee froth possession of the Property and lease the Pt•ope~•ty to another, but holding the Lessee liable for all Rent up to the effective date of such subleasing; c) The Lessot• tnay re-enter and take possession of the Property and operate the Project Facilities, and, in this event, the Lessee shaII be obligated to reimburse Lessor as additional Rent for any costs, including but trot limited to attorneys' fees and penalties imposed by lenders, which Lessor may incur in connection with curing a default of Lessee hereunder and under any related financing documents; d) The Lessor may attach, possess or otherwise control the Maintenance and Repairs Fund to the extent necessary to provide all maintenance and repairs necessary to restore the Project Facilities to the condition required by Section 4.3; or e) The Lessor may pursue all remedies now ot• hereafter existing at law or in equity to collect all the amounts then due and thereafter to become due under this Lease, or to enforce the performance and observance of any other obligation or agreement of the Lessee under this Lease. Any atttounts collected as ot• applicable to Rent collected pursuant to action taken under this Section shall be paid to the Lessor and applied in accordance with the provisions of this Lease. If the Lessor proceeds under any of paragraphs (a), (b), or (c) above, the Lessor shall take the Project Facilities subject to the lien, if applicable, of any mortgage, leasehold mortgage, or security interest on the Property, the Project Facilities, or the Lessee's interest under this Lease, relating to the financing of the construction and operation of the Project Facilities obtained in accordance with the terms of this Lease, and shall assume and agree to perform, or shaII cause a subsequent owner or operator of the Project Facilities acceptable to the applicable [ender, to assume and agree to perform, the remaining payment and other obligations under such financing. Section 9.3. Lessor's Ability to Cure Default. Should the Lessee be in default of its obligations to any lender with a mortgage, leasehold mortgage, or security interest on the Property, the Project Facilities, or this Lease, the Lessor shall have the option to cure said default. If the Lessor declines to exercise its option to cute any such default by the Lessee and possession of the Project Facilities is obtained by one or more lenders of the Lessee through foreclosure or otherwise, the Project Facilities may thereafter be used by any such lenders or any assignee, successor or transferee of any such lenders for any use that is consistent with the applicable ordinances (including zoning) and other applicable laws and regt.tlations of the Lessor. Section 9.4. No Remedy Exclusive. No remedy conferred or reserved to the Lessor by this Lease is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be curttulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and powet• may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Lessor to exercise any remedy reserved to it in this 26- Article, it shall not be necessary to give any notice, other than any notice required bylaw or for which express provision is made herein. Section 9.5. A~reeit~ent to Pay Attorneys' Fees and Expenses. Tf an Event of Default should occur and the Lessor should itlcur expenses, including attorneys' fees, in connection with the enforcement of this Lease or the collection of sums due under this Lease, the Lessee shall reimburse the Lessor for the expenses so incurred upon demand. If any such expenses are not so reimbursed, the amount of those expenses, together with interest on those expenses from the date of demand for payment at the Interest Rate for Advances, to the extent permitted by law, shall be reimbursed and in any action brought to collect such sums, the Lessor shall be entitled to seek recovery of such expenses in such action except as limited by law or by judicial order or decision entered by rule proceedings. Section 9.6. No Waiver. No failure by the Lessor to insist upon strict performance by the Lessee of any provision hereof shall constitute a waiver of their right to strict performance and no express waiver shall be deemed to apply to any other existing or subsequent right to remedy the failure by the Lessee to observe ot• comply with any provision hereof. End of Article IX) 27- ARTICLE- X MISCELLANEOUS Section 10.1. Quiet Enjoyment. The Lessor covenants with the Lessee that, upon the Lessee's payment of Rent and the performance and observance of the other covenants and agreements on its part to be performed and observed hereunder or upon the Lessee's causing such payment to be made and such covenants and agreements to be performed and observed by others, the Lessee shall and may peaceably and quietly have, hold and enjoy the Property without let or hindrance by the Lessor or by parties claiming under or through the Lessor. Section I0.2. Notices. All notices, certificates, requests or other communications under this Lease shall be in writing and be deemed to be sufficiently given when mailed by first class mail, postage prepaid, addressed to the appropriate Notice Address. The Lessee and the Lessor may, by notice given under this Section, designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. Section 10.3. Binding Effect. This Lease shall inure to the benefit of and shall be binding in accordance with its terms upon the Lessor and the Lessee and their permitted respective successors and assigns. Section I0.4. Extent of Covenants of the Lessor No Personal Liability. All covenants, stipulations, obligations and agreements of the Lessor contained in this Lease shall be effective to the extent authorized and permitted by applicable law. No such covenant, stipulation, obligation or agreement shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member, officer, agent or employee of the Lessor in other than in an official capacity, and neither the members of the Legislative Authority or any other officer of the Lessor shall be liable personally by reason of the covenants, stipulations, obligations or agreements of the Lessor contained in this Lease. Section 10.5. Execution Counterparts. This Lease may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Section 10.6. Severability. Tn case any section or provision of this Lease, or any covenant, stipulation, obligation, agreement, act, or action, part thereof, made, assumed, entered into, or taken under this Lease, or any application thereof, is for any reason held to be illegal or invalid, or is inoperable at any time, that illegality, invalidity or inoperability shall not affect the remainder thereof or• any sections or provision of this Lease or any other covenant, stipulation, obligation, agreement, act, or action, or part thereof, made, assumed, entered into, or taken under this Lease, aiI of which shall be construed and enforced as if the illegal, invalid or inoperable portion were not contained therein. Any such illegality, invalidity or inoperability shall not affect any legal, valid and operable section, provision, covenant, agreement, obligation, act, or action, or part or application thereof, all of which shall be deemed to be effective, operative, made, assumed entered into or ta[cen in the manner rrnd to the full extent permitted by law from tune to tirzre. 28 - Section 10.7. Modification and Amendment. Any modification, amendment or waiver of any term of this Lease, including a modification, amendment or waiver of this term, must be in writing and signed by the Parties to be bound by the modification, amendment or waiver. Section 10.8. Survival. Those provisions of this Lease which by their nature should survive the expiration or earlier termination of this Lease as well as those provisions which expressly survive the expiration or earlier termination of this Lease shall survive the expiration or earlier termination of this Lease and shall be binding upon the Patties thereafter. Section 10.9. Entire Agreement. This Lease, including the Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the ]ease of the Property and supersedes all p-•ioc• understandings, if any, with respect to the lease of the Property. The Parties do not intend to confer any benefits to any person, firm or corporation other than the Parties hereto. No representation or warranty herein may be relied upon by any person not a pasty to this Lease. Section 10. I0. Goves-ning Law. This Lease shall be deemed to be a contract made under the laws of the State and For all purposes shall be govezned by and construed in accordance with the laws of the State. Section 10.11 Recording. The Parties agree that this Lease shall not be required to be recorded, provided that a Memorandum of Lease acceptable to both parties is recorded. End of Article X) 29 IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Lease to be duly executed in their respective names, all as of the date hereinbefore written. Signed and acknowledged in the presence of: L /. 1C. Witnesses as to City CITY OF DUBLIN, OHIO, as the Lessor By: `~~~~ Printed: Timothy C. Hansle~_ Title: City Manager o, ~~o~s~ Printed: Marsha I. Grigsby Title: Director of Finance Approved as to form: Stephen J. Smith, Director of Law Signed and acknowledged TARTAN GOLF COMPANY, LLC, in5~nce of: as the Lessee Printed: Thomas D. Anderson Title: President Witnesses as to TGC 30- STATE OF OHIO ) SS: COUNTY OF FRANKLIN ) On this 7th day of December, 2000, before the a Notary Public personally appeared Timothy C. Hansley and Marsha I. Grigsby, the City Manager and the Director of Finance, respectively, of the City of Dublin, Ohio, and acknowledged the execution of the foregoing instrument, and that the same is their voluntary act and deed on behalf of the City of Dublin and the voluntary act and deed of the City of Dublin. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year aforesaid. ~~ Notar~ P:~ ~`~~%y~ ~ ~~'~ ~~~ LI~+DA L GL1CKr'; hOi'ASY PUBLIC, STATF. OF OHIO j~; ;,? _' t.:Y COPl;YISSIOiV L•XPIRES MRY 1~1, 2004 STATE OF OHIO ) SS: COUNTY OF FRANKLIN ) OF On this 7th day of December, 2000, before me a Notary Public personally appeared Thomas D., the President of the Tartan Golf Company, LLC, and acknowledged the execution of the foregoing instrument, and that the same is his voluntary act and deed on behalf of the Tartan Golf Company, LLC and the voluntary act and deed of the Tartan Golf Company, LLC. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal q,~„X~e date and year aforesaid. o~AP1A! SF.i,. 1'~.R. RLtRRACHER ROTARY PI79LEC, STAII; OF OHID Y C~IDAI t A411Y b b, 2045 sr ~Notary Public iq~u~~uO~`~~ This instrument was prepared by: Gregory W. Stype, Esq. Squite, Sanders & Dempsey L.L.P. 1300 Huntington Center, 41 South High Street CoiumbLts, Ohio 43215 614)365-2742 31 - FISCAL OFFICER'S CERTIFICATE The undersigned, Director of Finance of the City under the foregoing Lease, certifies hereby that the moneys required to meet the obligations of the City duri~lg the year 2000 under the foregoing Lease have been appropriated lawfully for that purpose, and are in the Treasury of the City or in the process of collection to the credit of an appropriate fund, free from any previous encumbrances. This Certificate is given incompliance with Section 5705.41, Ohio Revised Code. Dated: December 7, 2000 \ ~ ~-~~.. Mai;sha I. Grigsby, Director of Finance, City of Dublin, Ohio 32 - EXHIBIT A DEVELOPMENT AGREEMENT A-1 DEVELOPivIENT AGREEMENT Tl-IIS DEVCLOPMENT AGREEMENT (the "Ag-regiment") is made and entered into this 14th day of August, 2000, by and between the CITY OF DUBLIN, OHIO (the "City"), a municipal corporation duly organized and validly existing under the Constitution and the laws of the State of Ohio (the "State") and its Charter, and EDWARD5 GOLI' COMMUNITIES LLC ("Edwards", and collectively with the City, the "Parties") an Ohio Iimited liability company having its principal office in Columbus, Ohio, under the circumstances summarized in the following recitals. RECITALS: WHEREAS, the City is desirous of encouraging and promoting development within the City of open space, parkland, public recreation facilities and adequate transportation infrastructure, and one of the strategies to be pursued by the City, particularly with respect to the development of the southwestern sector of the City, is to encourage cohesive developments that incorporate landscaped public plazas, water features and outdoor pedestrian areas, all generally designed to improve the quality of life of residents of the City; and WHEREAS, Edwards is the contract vendee or is negotiating to purchase approximately b35.07f acres within the corporate boundaries of the City (as such property is generally depicted on Exhibit A and referred to herein as the "Property") for development, in part, as a proposed high quality residential community development; and WHEREAS, in connection with the proposed development of the Property, the City and Edwards previously entered in a Memorandum of Understanding dated March 22, 2000 (the "Memorandum") which generally provided for that development, including a commitment by Edwards to transfer a portion of the Property to the City to provide for the construction of a publicly owned golf course; and WHEREAS, that Memorandum also provided that the City and Edwards would undertake further investigation and study to identify the public infrastructure improvements required to facilitate that proposed development and related public park improvements as may be required by the City and once identified, to provide for the construction and development of those public infrastructure and public park improvements; and WHEREAS, the Council has found that the City and generally all of its residents, and particularly those in the southwestern sector of the City where the Property is located, will benefit from a publicly owned golf course, public park, and other improvements to be made to the Property, including improvements to the streets and roadways in the Property, all as contemplated in the Memorandum and this Agreement; and WHEREAS, the Council has further found that the development contemplated by the Memorandum and this Agreement, due to the large amount of green space and provision for a public golf course, the tremendous impact to improve residential quality of life in the southwest area, the wide and spacious views around the golf course, and many other scenic amenities, sets a standard that exceeds any previously outlined either in Ordinance No. 95-96 passed October 5, 1998 (the "Tree Preservation Ordinance") or pending development ordinances, and due to the large amount of land that will result in the City owning a public golf course and other park areas, Che open space requirement for the development of 73.751 acres is exceeded; and WHEREAS, pursuant to Ordinance No. 50-00 passed on August 14, 2000, the City approved t[ie rezoning plan for the Property, dated July 7, 2000 (the "Development Text"); and WHEREAS, pursuant to Ordinance No. 105-00 passed on August 14, 2000 (the "Ordinance"), the City Council has authorized the execution of this Agreement and to undertake the City's obligations set forth herein; and WHEREAS, the Parties have determined to enter into this Agreement to provide for the development of the Property within the City, all in accordance with the Development Text; NOW THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties covenant, agree and obligate themselves as follows: Section 1. General Matters Relating to Property Development. a) General Development. The Parties have entered into this Agreement to develop, or cause to be developed, the Property as portrayed on Exhibit A. b) Zoning of the Property. The Parties acknowledge and agree that the Development Text for the Property was approved effective August 14, 2000 as follows: 1) Planned Commerce District. The portion of the Property designated for use as the golf club house, driving range and maintenance facility (as such area is portrayed on Exhibit B) has been rezoned Planned Commerce District in accordance with Section I53.058 of the City's Codified Ordinances. The approved zoning permit incorporated the conceptual site plan set forth on Exhibit A attached hereto. Such rezoning shall permit the construction and operation of the golf club house, driving range and maintenance facility and other ancillary uses. 2) Planned Low Density Residential District. All other property shown on Exhibit B has been rezoned "Planned Low Density Residential District" in accordance with Section 153.051 of the City's Codified Ordinances. The final zoning for the Property will permit Edwards to construct a residential development and the City to construct the public golf course as portrayed in the conceptual site plan on Exhibit A. 3) Condominiums and Cluster Homes. The Parties acknowledge that the approved Development Text provides for the construction in the aggregate of 322 condominium units and 99 cluster homes in the areas depicted on Exhibit A. Edwards agrees that a second level of review and approval as noted in the Development Text will be required as a condition precedent to the construction of those proposed condominiums and cluster homes. Eiowever, the Parties acknowledge and further agree that the additional review will in no way require Edwards to reduce the number of condominium units or cluster homes unless such reduction is agreed to by 2- Edwards. The City agrees that tl~e secondary review will be undertaken by the City Planning Commission within a reasonable period of time and shalt not require the dedication of any additional land for park purposes other than which is already provided for herein or in the Development Text. 4} Extension of Certain Streets. The Parties agree that the City shall not require Edwards to extend streets from Kendall Ridge or Cramer Crossing into the Property. 5) Diversity and Architectural Materials. The Parties agree that the diversity and architectural materials standards which Edwards shall be required to follow in connection with Che development of Che Residential Community Development (as defined below) are set forth in the Development Text. 6) Other. The Parties agree that the Tree Preservation Ordinance, and City Ordinance No. 24-00 currently pending before Council, will not apply to the Property. c) Maintenance Facility. The Parties acknowledge that the City owns a 17.7 acre tract of land abutting the east side of the Property, south of Shier-Rings Road, which the City may use as a maintenance facility (the "Maintenance Facility"). The Parties agree to work together to develop a screening plan for the Maintenance Facility which shall be agreed upon by the Parties, prior to the construction of the Maintenance Facility, and implemented by the City prior to the occupancy of that Maintenance Facility. The Parties further agree that Edwards shall not be required to pay any expense related to the implementation of that screening plan. d) Timin of Property Development. The Parties acknowledge that their respective, mutual cooperation and coordination will be necessary to complete the timely development of the Property in accordance with the terms of this Agreement. Accordingly, the Parties agree that the provisions of this agreement related to tinting may be amended from time to time with the mutual consent of the Parties to provide for the efficient, coordinated completion of the development of the Property. Section 2. Property Acquisition and Development. a) Property Acquisition. Edwards agrees to acquire: 1) the Golf Course Parcels (as defined below}, and 2) such other portions of the Property determined by the City and Edwards to be reasonably necessary to provide for: A) the construction of the Golf Course Development (as defined below) in accordance with Section 2{b)(3), and B) the construction of the Woerner Temple/Eiterman Improvements (as defined below) in accordance with Section 4(c), all with reasonable dispatch but in no event no later than October 1 ~, 2000. 3- b) Golf Course Development. 1) General Citv Agreement. In furtherance of the City's policies of encouraging and promoting open space, parkland and public recreation facilities within the City for use by the City's residents and tl~e controlled growth of City industry and commerce, the City agrees that it will construct and operate, or cause to be constructed and operated, a first class, eighteen-hole, golf course open to the public, including a club house facility, practice facilities, related parking and other public amenities (as such area is portrayed on Exhibit A and referred to herein as the Golf Course Development"), on the Golf Course Parcels (defined below) in accordance with this Agreement. The Parties agree that the City's obligation to construct and operate, or cause the construction and operation, of the Golf Course Development is subject to Edwards transferring the Golf Course Parcels to the City in accordance with this Agreement. The Parties further agree that the City shall, to satisfy its obligation hereunder to construct and operate the Golf Course Development, either: A) enter into an agreement with a private entity to provide for the financing, construction, management and operation of the Golf Course Development, or B) alternatively and solely at the City's option, provide for the financing, construction, management and operation of the Golf Course Development in such manner as the City shall deem appropriate. 2) Transfer of Required Parcels to City. By such time as is mutually agreeable to the Parties but not Iater than December 31, 2000, Edwards shall transfer or cause to be transferred to the City 209.76 acres of the Property required for the Golf Course Development (as those parcels are portrayed on Exhibit C and referred to herein as the "Golf Course Parcels"). With respect to the transfer of the Golf Course Parcels, the Parties further agree as follows: A) Deed. Edwards shall transfer unencumbered fee simple title in the Golf Course Parcels to the City by one or more warranty deeds (collectively, the "Deed'}. The City shall promptly record the Deed with the Recorder of Franklin County, Ohio for recordation in the Deed Records. The City shall pay all costs of recording the Deed. Edwards shall pay any transfer fees. B) Title Insurance. Edwards shall furnish and pay for an owner's title insurance commitment and policy in the amount of $7,000,000 or such other amount as is mutually agreeable to the Parties. The title evidence shall be certified to within 30 days prior to closing with endorsement as of 8:00 a.m. on the business day prior to the date of closing, all in accordance with the standards of the Columbus Bar Association, and shall show in Edwards marketable title in fee simple free and clear of all liens and encumbrances except : (i} those created by or assumed by the City; (ii) those specifically set forth in this Agreement; (iii) zoning ordinances; (iv} legal highways; and (v) covenants, restrictions, conditions and easements of record which do not unreasonably interfere with the City's intended use as the Golf Course Development. 4- If title Co all or part of the Golf Course Parcels is unmarketable, as determined by Ohio Iaw ~.vith reference to the Ohia State Bar Association's Standards of Title Examination, or is subject to Iiens, encumbrances, easements, conditions, restrictions or encroachments other than those excepted in this Agreement, Edwards shall within (30) days after written notice thereof, remedy or remove any such defect, Eien, encumbrance, easement, condition, restriction or encroachment or obtain title insurance without exception therefore. At closing, Edwards shall sign an affidavit with respect to off-record title matters in accordance with the community custom. C) Taxes. The real estate taxes, if any, for the tax year in which the Deed is delivered shall be apportioned between the City and Edwards as of the date of delivery of the Died on a calendar year basis. If the amount of such taxes is nat ascertainable on such date, the appot~tionment between the City and Edwards shall be on the basis of the amount representing the total year's tax allocable to the Golf Course Parcels by multiplying the valuation of the Golf Course Parcels as they appear on the [ast available County Treasurer's tax duplicate by the most recent tax date, but such apportionment shall be subject to final adjustment within thirty (30) days after the date of the actual amount of such taxes is ascertained. Real estate taxes for the tax years previous to the tax year in which such Deed is delivered, if any, will be paid by Edwards. If separate permanent parcel numbers do not exist for each of the Golf Course Parcels, then the taxes allocable to the Golf Course Parcels shall be apportioned among the separate Golf Course Parcels on a pro-rata basis based upon the relative area of each Golf Course Parcel. D) Purchase Price. Upon completion of construction of the Golf Course Development or July 1, 2002, whichever occurs earlier, the City shall remit to Edwards an amount of $1,500,000, which amount shall represent the purchase price for the Golf Course Parcels. The Parties acknowledge that the current market value of the Golf Course Parcels is estimated at $7,100,000. The Parties agree that the difference between the estimated current market value and the actual purchase price paid by the City will constitute a gift from Edwards to the City. E) Recoupment. The City agrees that, upon the conveyance to the City of the Golf Course Parcels, it will promptly file with the Franklin County Auditor any necessary documentation to defer the recoupment of reaE property taxes on the Golf Course Parcels; provided, however, the Parties acknowledge that the Franklin County Auditor shall in its sole discretion determine whether such deferral will be approved. 3) Construction and Operation of Golf Course Development. Once the Golf Course Parcels are transferred to the City, the City agrees that it will provide for the diligent construction of the Golf Course Development. Edwards agrees to grant to the City any and all reasonably necessary access easements to the Golf Course Parcels over any part of the Property owned or controlled by Edwards necessary to enable the City to perform and complete the construction of the Golf Course Development. Edwards shall not be responsible for obtaining access for the City to tl~e Golf Course Parcels over any property which is not owned or controlled by Edwards. The Parties agree that the design of the club house facility and the name of tEie Galf Course S- Development will be approved by the City, after consultation with Edwards. The City agrees to use its best efforts to complete the Golf Course Development no later than Ju[y I, 2002. l+inally, the Parties acknowledge and agree that the design, construction, management and operation of the Golf Course Development, including the use of any related practice facilities, will be within the sole discretion of the City and any construction, management and operation firms which may be retained by the City from time to time; provided, however, the City agrees that it will reasonably consider any input from Edwards with respect to such design, construction, management and operation as the same may affect the Residential Community Development and the City shall not make any change to the Golf Course Development that would adversely affect the Residential Community Development without Edwards' prior written consent. c) Residential Community Development. 1) Generally. Edwards agrees that it will use its best efforts to construct, or cause to be constructed, on the Property a high quality residential community development in those areas as depicted on Exhibit A (the "Residential Community Development"). Edwards agrees that it shall have the first phase of the Residential Community Development completed and model homes open for public viewing no later than July I, 2002. 2) Construction. In accordance with the Development Text and Section 1(b)(3) of this Agreement, the City shall allow the construction of homes, cluster homes and condominiums to commence before roadways are in place within the Property, provided that an acceptable haul road is available to provide for that construction. The Farties agree that lots, homes, cluster homes and condominiums may be sold at any time, but such homes, cluster homes and condominiums shall not be occupied until roadways are in place and accepted by the City. 3) lndemnifcation. Edwards acknowledges that the City, pursuant to this Agreement, is permitting Edwards to undertake construction of homes, condominium units and cluster homes within the Property prior to the completion of all necessary roadway improvements and that the provision of certain public safety services, including but not limited to fire and police services, by the City to the Property may be impaired due to the lack of those necessary roadways. Edwards agrees that it will assume that risk during such period prior to the completion of all necessary roadways and Edwards further agrees to indemnify the City against any and all liabilities, claims, costs, suits, demands, actions, damages, judgments, fines, losses and expenses (including without limitation, to the extent permitted by law, reasonable attorneys' fees and expenses), imposed upon or asserted against the City, without negligence or bad faith on the part of the City as may result from the construction of such homes, condominium units and cluster homes during the period prior to the completion of all necessary roadways. d) Coordination of Development. I) General. The Parties acknowledge that the construction of the Golf Course Development and the Residential Community Development will occur at substantially the same time. The Parties agree to cooperate and coordinate their respective efforts in the design and planning, including items such as grading and drainage, for each development in order that the developments will complement one another. C- 2) Roug~t Grading. The Parties acknowledge that the Property will need to be rough graded in a single, continuous manner to provide for the most e#ficient development o£ the Golf Course Development and the Residential Community Development. Edwards agrees to undertake the rough grading for the Property in a manner and within a tiineframe which is mutually agreeable to the Parties. The rough grading of the Property shall include, but not be limited to, the rough grading necessary for the Golf Course Development, the Residential Community Development, the Woenner Temple/Eiterman Improvement road profiles and the compaction of any fill deposited on those road bed areas in accordance with GDOT specifications for road construction. The Parties agree that the City shall reimburse Edwards for the cost of any rough grading and compaction as the Parties mutually agree is allocable to the Golf Course Development and the cost of the Woemer Temple/Eiterman Improvements. Section 3. Park Acquisition and Development. In addition to the dedicated parkland the City requires through the development process, the Parties acknowledge that the City is desirous of identifying and purchasing park sites in the southwestern portion of the City to .support the recreation needs of the future population in that area. a) Park Acquisition. In furtherance of the above, the City agrees that it will, at its sole cost and expense, acquire approximately 46.9f acres of land located adjacent to the Property (which area is portrayed on Exhibit D as the Potential Dublin Park and referred to herein as the "City Parr') to be owned and operated by the City as a community public park. The City will pursue this acquisition and will exercise its best efforts to take all necessary legislative and appropriation actions so that the City may acquire the City Park no later than June 1, 2001. Notwithstanding the foregoing, Edwards agrees that the City shall not be required to exercise its powers of eminent domain to acquire any of the resident, freeholder parcels located south of Woezner Temple Road and west of Avery Road. b) Park Development. The Parties agree that the development of the City Park is integrally related to the overall development of the Property. Therefore, the Parties agree that the City may consider waiving any competitive bidding requirements imposed by the City Charter to provide For the design and construction of the City Park. The City agrees to reasonably consider any input from Edwards with respect to the design of the City Park. c) Cost of Development of the Citv Park. The Parties agree that the cost of developing the City Park in accordance with the plan approved by the City shall be apportioned as follows: I) City Contribution. The Parties agree that the City shall pay at least $1,752,044, which includes the Edwards contribution described in Section 3(c){2), towards the cost of designing and constructing the City Park. 2) Edwards Contribution. Edwards agrees that it shall pay to the City an amount of 452,000 to be applied towards the cost of the design and construction of the City Park. Edwards pledges and agrees that such payment will be made in the follotiving installments: A) $4,000 upon completion and acceptance ofthe City Park by the City; 7- B) $81,000 on each of the next two anniversaries of the first payment; and C) $200,000 on Juiy 1, 200?. The Parties acknowledge and agree that the payments made by Edwards to the City under this subsection will constitute a gift to the City. d) Related Site. Edwards agrees to donate to the City the historic home site and related property located on the south side of Shier-Rings Road (portrayed as Subarea U on Exhibit E}. The City shall maintain, or cause to be maintained, such site in a manner with is reasonably acceptable to the Parties. Section 4. Roadway Improvements. a) Traffic Study. The Parties acknowledge that the City commissioned a traffic study by the Parsons Transportation Group to identify and assess the traffic needs in connection with the development of the Property. The Parties agree that based on that traffic study, the construction and improvement of certain arterial and collector streets in the southwest area of the City, located or to be located in or around the Property, is vital to comply with the City's policy of providing a roadway network with multiple connections between routes and uses. Further, the Parties acknowledge and agree that the City's portion of the cost of certain public roadway improvements is supported by the findings of that traffic study and that approximately two-thirds of the projected traffic on the improved Eiterman Road and Woerner Temple Road wilt consist of Golf Course Development and off-site generated traffic, and that the improvements to Woerner Temple Road and Eiterman Road are necessary to provide ingress and egress to the Golf Course Development, as well as to provide for off-site and on-site generated traffic. Therefore, in order to benefit all of the citizens of the City, the Parties agree to make roadway improvements as follows: b} Dedication and Vacation of Public Rights-of-Way and Easements. 1} Generally. Edwards agrees that, as part of the platting process, it shall dedicate to the City the rights-of--way and easements for the construction and relocation of Woerner Temple Road and Eiterman Road, the construction of turn lanes on Shier-Rings Road, Cosgray Road and Rings Road and the construction and installation of all bikeways, utilities and tunnels as provided for in the approved Development Text (and as such rights-of--way and easements shall be described in the plat for the Property}. Edwards further agrees to cooperate with the City and grant to the City easements not described herein or in the plat for the Property as the City shall deem necessary to provide for the construction of any infrastructure improvements benefiting the Property or abutting property; provided, however, the City will compensate Edwards for the additional easements to the extent the grant of such easements to the City results in an economic loss to Edwards as developer in connection with the development of the Residential Community Development. The City agrees that it will take all steps necessary to allow Edwards to undertake all necessary rough grading over the portions of current Woerner Temple Road which are not necessary to provide for the construction of the new Woerner Temple Road. 8- 2) Reaii~~ned Rinds Road. The Parties as?ree that Edwards, through the platting process and in accordance with the Development Text, will convey aright-of--way to the City to provide a corridor for the construction of a portion of the realigned Rings Road (as such right-of- way is marked as Subarea N on Exhibit E and referred to herein as the "Rings Righr-o}=GYay"). The Parties further agree that if the City, through its standard engineering practice, determines that the Rings Right-of Way should be wider than originally provided for in the Development Text and the number of condominium units which may therefore be constructed in accordance with the Development Text is reduced, the City will compensate Edwards for the acquisition of such additional right-of--way, based on the economic loss to Edwards as developer for any necessary reduction in the number of condominium units as is otherwise provided for in the Development Text. c) Construction of Woerner Temple Road and Eiterman Road Improvements. 1) Generallv. The Parties agree that the City shall design and construct, or cause to be designed and constructed, Woerner Temple Road from Avery Road to Eiterman Road and Eiterman Road from a point 250 feet south of Woerner Temple Road (as noted on Exhibit F} north to Shier-Rings Road, including all related intersection improvements, utilities (including but not limited to water lines along such roadway improvements), tunnels and related appurtenances thereto (aEI as portrayed on Exhibit F and referred to herein as the "Woerner Temple/Eiterman Xmprovements"}. The Parties also agree that Edwards will, as soon as possible after the execution of this Agreement, but no later than the date on which the plat for the Property is filed with the City, provide the locations of the terminus points of the Woerner Temple/Eiterman Improvements in order that field surveys may commence for the design thereof. The Parties further agree that the City will exercise its best efforts to cause the Woerner Temple/Eiterman Improvements to be substantially complete on or before November 1, 2001. 2) Allocation of Costs. The Parties agree that, based on the current engineering designs, plans and specifications prepared by or on behalf of the City, the portion of the estimated cost of the Woerner Temple/Eiterman Improvements which is necessary for the development of the Residential Community Development is between $4,500,000 and 5,000,000. Accordingly, the Parties agree that the portion of the actual costs of the Woerner Temple/Eiterman Improvements to be borne by the owners of the parcels in the Residential Community Development in accordance with Section 4(c)(3) shall be limited to the lesser of (A) 1,666,667 or (B) one-third (I/3} of the actual cost of the Woerner Temple/Eiterman Improvements. 3) Special Assessments. A) General. The Parties agree that the lesser of (A) $1,666,667 or (B) one- third (113) of the actual cost of the Woerner Temple/Eiterman Improvements shall be paid by the owners of the parcels in the Residential Community Development in the form of special assessments. B) Petition for Special Assessments. Edwards agrees that there will be prepared and filed with the City a petition for such special assessments under Revised 9- Code Chapter 727. The Parties agree that such petition will be in a form acceptable to the City's bond counsel and shall be filed with the City no later than January 1, 2001. The City agrees that upon receipt of the petition, it will proceed forward with the special assessment proceedings provided for under Revised Code Chapter 727. 'i'he Parties agree to cooperate in the special assessment proceedings in order that the special assessments will be levied for a maximum of twenty (20) years beginning in the 2001 tax year and first collected in calendar year 2002. Such assessments shall be liens running with the land. C) Financing of Special Assessments. To the extent property owners do not pay the special assessments as levied in the time period provided for by Ohio law, the Parties acknowledge and agree that the City may, in accordance with Ohio law, issue notes or bonds in anticipation of the collection of those unpaid special assessments. The Parties further agree that in accordance with Ohio law, the City may increase those unpaid special assessments by an amount necessary to reflect any financing costs, including but not Iimited to, interest and issuance expenses. 4) Citv Portion of the Cost. The Parties agree that the remainder of the cost of the Woerner Temple/Eiterman Improvements shall not be borne by Edwards. 5) Further Extension of Eiterman Road. The Parties agree that Edwards shall not, as part of the development of the Property, be required to pay the cost of constructing Eiterman Road from a point 250 feet south of Woerner Temple Road south to Rings Road. d) Roadway Improvements Constructed By Edwards. The Parties agree that as part of the development of the Property, Edwards shall design and construct, or cause to be designed and constructed: 1) Generally. The roadway improvements which Edwards is generally required to construct in accordance with the Development Text. 2) Secondary Access Road. Within five (5) years of the issuance of the first building permit in Subarea H, one or the other of the following: (A) a street connection from Subarea F through Subarea R) to Subarea N or (B) a street connection from Subarea H (through the Golf Course Development and Subarea I) to Cosgray Road, all as depicted on Exhibit E. 3) Realigned Rings Road. In conjunction with the development of either Subarea R or S (as depicted on Exhibit E) whichever occurs first, the portion of the realigned Rings Road which is depicted as Subarea N on Exhibit E. Left Turn bane. The left turn lane and intersection improvements for the intersection immediately east of the intersection of Shier-Rings Road and Eiterman Road in the manner and at such time as would be customarily required by the City to preserve capacity of the related through lanes; provided, however, Edwards shall only be required. to contribute the lesser of A) the actual cost of that improvement or (B) $150,000, towards the cost of such left turn lane and intersection improvements. 10- Section 5. Utilities. In accordance with Resolution No. 44-99 adopted by the Council of the City on November 15, I999, pursuant to requirements found in Section 709.31 of the Revised Code, and in furtherance of the City's commitment to provide services to residents of the City, the Parties agree that utilities will be provided to the Property in the following manner: a) Utilities Provided by the Gity. The City agrees to provide for the design, construction and installation of the following utility improvements in connection with the development of the Property: 1) Water. The City will provide adequate municipal water facilities including ftre demand, pressure and flows, from lines located in the City near the Property to service the Property for its proposed uses. The City will cause the construction of (A} approximately 3200 lineal feet of water Iine along Eiterman Road, north from Shier-Rings Road and (B) approximately 3000 lineal feet of water line along Shier-Rings Road, east from Eiterman Road. The City shall obtain alI easements necessary for the construction of said extension of water lines, except that any and all easements from property under the control or ownership of Edwards shah be donated to the City. The Parties agree to cooperate in the design of the utility improvements. 2} Sanitary Sewer. The City agrees that it will provide to the perimeter of the Property adequate municipal sanitary sewer facilities from lines located near the Property for the proposed uses. The City will cause the construction of approximately 2700 lineal feet of sanitary sewer line along Shier-Rings Road, east from Eiterman Road. The City agrees that the sanitary sewer lines shall be designed, sized and constructed to adequately serve the contemplated development of the Property. 3) Depiction and Timing. The Parties agree that the water and sanitary sewer improvements described in this Section S(a} are depicted on Exhibit F and that the City will exercise its best efforts to cause such improvements to be substantially complete on or before November 1, 2001. The City agrees that the water and sanitary sewer improvements will be constructed within the public easements. The City further agrees that Edwards shall be permitted to commence construction of water and sanitary sewer improvements for the Residential Community Development at the same time as the City is constructing its public improvements. b) Utilities Provided by Edwards. Edwards agrees as part of its development to oversize sanitary sewer lines through the development in order to accommodate other properties in the area which the City desires to service. Accordingly, the City agrees that it will contract with Edwards to cause such oversizing to be put in place and such contract shall provide for payment by the City for the cost of oversizing including, but not limited to, increased cost of pipe, additional excavation required, additional rock removal and all other costs to be incurred by such oversizing. The Parties agree that such additional cost is estimated to be approximately $175,000. Edwards shall notify the City upon completion of each phase of such sanitary sewer construction and the City shall compensate Edwards for such oversizing applicable to each completed phase within sixty (60} days of receipt of such notification. Edwards also agrees to provide a tap to the sanitary sewer improvements which it shall construct within the Property for the benefit of the club house facility in the Golf Course Development and such tap shall be available to the City prior to the completion of the Golf Course Development. The City agrees to reimburse Edwards for the cost of that sanitary sewer tap. This section is applicable to on-site utilities in public easements or in rights-of-way dedicated or to be dedicated to the City. Finally, the Parties acknowledge and agree that the City maintains a published policy for the oversizing of water lines and that Edwards may submit expenses for reimbursement pursuant to that policy. c) Storm Water. Consistent with the City's storm water drainage ordinance (Ordinance No. 40-98) and standard civil engineering practices, the City agrees that Edwards shall be permitted to utilize areas within the Golf Course Development for all storm water detention from the Residential Community Development and further, Edwards may utilize a portion (not more than two acres of drainage capacity) of a pond within the City Paris for additional storm water detention. d) Maintenance of Existing Wells. The Parties acknowledge that the water service for certain parcels abutting the Property is supplied by existing groundwater wells. The Parties agree to cooperate during the course of development of the Property to use their best efforts not to disrupt or diminish the water supplied by those wells. If it is determined that such water supply has been diminished as a result of the development of tEie Property, the Parties agree to cooperate to restore that water supply. e) Other Utilities. The City agrees that it will exercise its best efforts to cooperate with third parties to facilitate the extension of utilities into the southeastern portion of the Property in a timely manner to accomplish the objectives of this Agreement. Section 6. Public Pool and Recreational Facility. The Parties agree that certain additional recreation facilities are required for the residents of the southwestern portion of the City. The Parties agree that Edwards shall make a gift to the City in the amount of $1,000,00.0, which gift shall be applied solely towards the cost of constructing a public pool and recreational facility in reasonable proximity to the Properly. The City agrees to reasonably consider any input from Edwards with respect to the design of the public pool and recreational facility. Edwards agrees that such gift will be made to the City not later than thirty (30) days after the completion of that public pool and recreational facility which completion is presently expected to occur in calendar year 2004. Section 7. Events of Default and Remedies. a) Generally. Except as may be otherwise provided •.in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by any Party, or any successor to such Party, such Party or successor shall, upon written notice from the other Party, proceed promptly to cure or remedy such default or breach. In case such remedial action is not taken or not diligently pursued within thirty (30) days of such written notice, the party asserting default or breach may institute such proceedings at law or in equity as may be necessary or desirable in its opinion to remedy such default or breach. Nothing in this Agreement shall Limit the right of any Party to pursue any remedy otherwise available to it at either law or in equity. b) Force Maieure. if by reason of Force Majeure, any Party fails in the observation or performance of any of its agreements, duties or obligations to be observed or performed under this Agreement, that Party shall not be deemed to be in default under this Agreement. However, that Party shall 12- promptly give notice to the other Party of the existence of an event of Force Ivlajeure and shall use its best efforts to remove the effects thereof; provided that the settlement of strikes or other such disturbances shall be entirely within its discretion. The term Force Niajeure shall mean, without Limitation, acts of God; acts by the people of the City initiating and filing any public referendum challenging the validity of this Agreement or any other agreement or instrument adopted or approved by the City in conjunction with the development of the Property; strikes, lockouts or other such disturbances; acts or delays of the other Party; acts of public enemies; orders or restraints of any kind of the government of the United States of America or of the State or any of their departments, agencies, political subdivisions or officials {except the City or its officials), or any civil or military authority; insurrections; civil disturbances; riots; epidemics; landslides; lightning; earthquakes, fires, hurricanes; tornadoes; storms; droughts; floods; unusually severe weather; arrests; restraints of government and people; explosions; breakage; malfunction or accident to facilities, machinery or transmission lines; partial or entire failure of utilities; freight embargoes; unavailability or shortages of materials, labor, supplies, transportation or delays of contractors, subcontractors or materialmen due to any of such causes; or any cause, circumstance or event not reasonably within the control of that Party. Section 8. Miscellaneous. a) Notices. Except as otherwise specifically set forth in this Agreement, all notices, demands, requests, consents or approvals given, required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if actually received or if hand-delivered or sent by recognized, overnight delivery service or by certified mail, postage prepaid and return receipt requested, addressed to the other Party at the address set forth in this Agreement or any addendum to or counterpart of this Agreement, or to such other address as the recipient shall have previously notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by certified mail, in which event such notice shall be deemed to have been received when the return receipt is signed or refused. For purposes of this agreement, notices shall be addressed to: I} the City at: City of Dublin, Ohio 5800 Steer Rings Road Dublin, Ohio 43016-7295 Attention: Director of Development 2) Edwards at: Edwards Golf Communities LLC 500 South Front Street Suite 770 Columbus, Ohio 43215-7619 Attention: Deborah Rurik-Goodwin The Parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. 13- b) Assignments. 1) General. Except as otherwise provided herein, each Party agrees not to assign this Agreement without the prior written consent of the other Party. 2) Assi nment to Affiliate or Subsidiary. Edwards may, however, assign its rights and obligations herein to an affiliate or subsidiary. For purposes of this Section 8, an "aff liate or subsidiary" shall mean a legal entity which shall be directly or indirectly controlled, under the control of, or be under common control within Edwards. For purposes hereof, "control" shall be deemed to mean ownership of more than fifty percent (50°1°} of the outstanding voting stock of a corporation or other majority equity and controlling interest if the entity is not a corporation. 3) Default. The City agrees that it will not unreasonably withhold its consent to an assignment of this Agreement to any lender of Edwards which may be required as a result of a default by Edwards on any agreement related to the development of the Residential Community Development. c) Extent of Provisions Regardins~ City. All representations, warranties, covenants, agreements and obligations of the City under this Agreement shall be effective to the extent authorized and permitted by applicable Iaw. None of those representations, warranties, covenants, agreements or obligations shall be deemed to be a representation, warranty, covenant, agreement or obligation of any present or future member, officer, agent or employee of the City or its City Council in other than his or her official capacity. d) Extent of Provisions Rewarding Edwards. No representation, warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present or future officer, agent or employee of Edwards in an individual capacity. e) Personal Liability. To the extent authorized and permitted by applicable raw, no official executing or approving the City's or Edwards' participation in this Agreement shall be liable personally under this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. Binding Effect. Subject to the Ordinance taking effect on September 13, 2000, the Parties each represent, warrant and covenant to one another that each Party has fully power and authority to perform their respective obligations under this Agreement and that the execution, delivery and performance of this Agreement have been duly and effectively approved and authorized by all necessary action. This Agreement shall be binding upon, and inure to the benefit of, the City, Edwards and their respective permitted successors and assigns. Provided, however, any covenant, agreement or obligation of the City which requires the expenditure of funds shall not be a general debt of the City. Each covenant, agreement and obligation of the City under this Agreement is binding upon each officer of the City who may have the authority or duty from time to time under law to take any action which may be necessary or advisable to observe or perform that covenant, agreement or obligation. 14- g) Amendments. The Parties acknowledge that the tenns of this Agreement relating to the development of the Property may need to be amended from time to time and agree, therefore, Chat this Agreement may be amended from time to time by written instrument executed by both of the Parties. h) Executed Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall consCitute but one and the same agreement. It shall not be necessary in proving this Agreement to produce or account for more than one of those counterparts. i) Seyerability. In case any section or provision of dus Agreement, or any covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any application thereof, is held to be illegal or invalid for any reason, 1) that illegality or invalidity shall not affect the remainder hereof or thereof, any other section or provision hereof, or any other covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, all of which shall be construed and enforced as if the illegal or invalid portion were not contained herein or therein, 2) the illegality or invalidity of any application hereof or thereof shall not affect any legal and valid application hereof or thereof, and 3} each section, provision, covenant, agreement, obligation or action, or part thereof, shall be deemed to be effective, operative, made, assumed, entered into or taken in the manner and to the full extent permitted by law. j) Captions. The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. k} Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. All claims, counterclaims, disputes and other matters in question between the City, its agents and employees, and Edwards, its employees and agents, arising out of or relating to this Agreement or its breach will be decided in a court of competent jurisdiction within Franklin County, Ohio. 1) Survival of Representations and Warranties. All representations and warranties of Edwards and the City in this Agreement shall survive the execution and delivery of this Agreement. THIS SPACE INTENTIONALLY LEFT BLANK] 15- IN WITNESS WHEREOF, the City and Edwards have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date first written above. CITY OF DUBLIN, OHIO By: Printed: Tirnothv C. Hansley Title: Cit Mana er Printed: Marsha I. GriasbY Title: Director of Finance Approved as to Form: /, ay. -- Printed: Stephen J. Smith Title: Director of Law EDWARDS GOLF COMMUNITIES LLC o, ,~~ ~a ~ Printed: Peter H. Edwards Title: Chairman 1G- FISCAL OFFICER'S CERTIFICATE The undersigned, Director of Finance of the City under the foregoing Agreement, certifies hereby that the moneys required to meet the obligations of the City during the year 2000 under the foregoing Agreement have been appropriated Iawfully for that purpose, and are in the Treasury of the City or in the process of collection to the credit of an appropriate fund, free from any previous encumbrances. This Certificate is given incompliance with Section 5705.41, Ohio Revised Code. Dated: ~1 `5~, , 2000 ~~ ~ .~~ ~'~. _, Director of Finance City of Dublin, Oluo 17- EXHIBIT A GENERAL DEPICTION OF PROPERTY DEVELOPMENT A-I CARD OF THE COURSE tJ (~Yr ILLUSTRATIVE MASTER I'LAI~I DUBLIN GOLF COMMUNITY DUBLIfV, ONTO Mul~lcon . nrn~ sa...d. c~mF.a~. EXHIBIT B DEPICTION OF ZONING FOR THE PROPERTY B-l 5 I,~:cF~n O PCI) (f23.G1 ac.) x' i:.C< , i'I20POSI:D ZO~I\'G EXFI113IT DUBLIN GOLF COMMUNI'T'Y uu131.1\, olrro Multican G~'~~i.....,: e s;.1.. _.rd• f ninCan. EXHIBIT C DEPICTION OF GOLF COURSE PARCELS C-I o Y C j ~:,, , _.. a...._:. ~.r ' s: r ~f+, yr' GOI,1~ COL'.RSE ROU1'i\`G L'\FII~IT DUBLTf~r GULF C0171~IUi~'[TY DUBLCI, OFItU nnnn• Multicon ~' :+~ N }:Jnara, Caru~r.n, .. ... EXHIBIT D DEPICTION OF CITY PARK D-1 uvr:c~:~n 3 I @s8 Community' l'srkx(~ ILIS ac.j i l ffuffcrs (• 13.38 sc.) f)ublin h11'k] S Rcc. (• ?I i9 ac.) Coif ( ?U9.7b ac.) 8' Ifil:e Pulp I I'unucl ~ v; a;ca.Y~r~ or~.n sYacE Exrna~3~ DUBLIN' COLF CO~aI~-IUN~ITY Muiti~o~ an CJx ai6i Campan;• nust,i~, oi'iio Inoj j .C7. EXHIBIT E DEPICTION OF VARIOUS SUBAREAS WITHIN T'HE PROPERTY E-I t~°. .. °I t' 1~~ 4:1' - ~ ~ rid 1 I, y.~..:' -. .. i ' ~ _ _-. I, ~ -y:C:-_~ _ ~-`._-,,.;..rte-._., _,- ..: _ .; ~f,.: l~~'(iYv. ~. ~~~aal~~ r:' h.r~ hi ~ Y~n :; . t, a~j 4 ...... ... ns:e§.j~ F slrF -~nrA La ts! Snbarca crcar,;_G Parks Buffers Units A 35.97 4A5 1.01 88 13 39.10 R.5 0.45 96 C:'""")C 0.13 R.2 0.4G 20 D-I 3.72 0 0.22 6 E 7GA[6.23 71 59 r ~1=34.44 1 0.21 R C.42.3!2.84 0.25 94fF!2A.AR 7.20 0 55 t-7 I 24.fi3 2.75 1. i3 J9 t>~J 2.A3 0 0.3A 7 f. ~~N 4,21 0 0,32 R I ~ I i,2.37 2.37 0 7....-t i 11.03 II.03 0 trr~v z SS rA 3.57 til:\ i'7:?A A V/A t '.Q 16.A4 T.B.D.1.22 76 t"-'~~R 34.3A T.B.D.2.20 172 c ~5 14,56 E,B,D.2.R5 74 r-~f 22.83 T'.B-D.I.I7 99 1'..1 l;3.93 3.93 A t'`' ~IR6.T5 186.15 NIA l\'19.68 19.68 N!A t 4.54 ti/A A i'" ..Y 3.63 I/A N/A ttt?e~I.2 A N!A ubtnta35 24233 13.3R Totals 642.57 255, i ]1098 L7ichdao SUBAREA EXHI$I'f 1 DUBLIN GULF C01~IMUNITY nrsal,t~, oleo P.1F2rH ErytaJ111IU1•~ICf~tl ...I EXHIBIT F DEPICTION OF INFRASTRUCTURE IMPROVEMENTS F-1 CARD OF THE COURSE nne r va~ rac r v,. s l __w . I f l ILLUSTRATIVE MASTER P DUBLIN ~iOLF ~OMiV1U DUBLIN, Ot~lio n £dwardt Cem Ct^:^~ V I~j ,•. SRlGLE FAMILY DATA: Jl)~il sGlF CF MEA RCAFAGE tOC1xa 9bW.t pVyy [OfS '+IEWS 51'I u~=_ "'1 IOR,I 1096) YIf srf ]Fl ll EXHIBIT B PROPERTY B-1 92.263 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Numbers 3453 and 6953, being part of that tract of land conveyed to Edwards Golf Communities, LLC by deed of record in Instrument Number~~ooo4z4oiydco9, {all references being to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows: Beginning, For reference, at Franklin County Geodetic Survey Monument Number 2210, at the centerline intersection of Cosgray Road and Woerner-Temple Road; thence North 84° 49' 49" East, with the centerline of said Woerner-Temple Road, a distance of 420.08 feet to a point; thence North OS° !0' 1 I" West, leaving said centerline, a distance of 30.00 feel to an iron piri set at the True Point of Beginning for this description; thence crossing said Edwards Golf Communities, LLC tract, the following courses and distances: North OS° O1' S6" West, a distance of 1189.58 feet to an iron pin set; North 18° 17' 34" East, a distance of 166.17 feet to an iron pin set; North 40° 11' 44" East, a distance of 164.93 fees to an iron pin set; North 64° 04' 01" East, a distance of 164.88 feet to an iron pin set; North 84° 45' U3" East, a distance of 91.60 feet to an iron pin set; South OS° 14' S7" East, a distance of 107.25 feet to an iron pin set; South 19° 36' 38" East, a distance of 380.00 feet to an iron pin set; South 38° 31' I9" East, a distance of 140.09 feet to an iron pin set; South 73° 20' 47" East, a distance of E 70.00 feet to an iron pin set; North 71° 34' [2" East, a distance of 139.19 fees to an iron pin set; North 5 (° 28' 10" East, a distance of 550.00 feet to an iron pin set; North 28° 07' 43" East, a distance of 110,60 feet to an iron pin set; South 65° 30' (5" East, a distance of 161.25 feet to an iron pint set; North 84° 45' 03" East, a distance of280.00 feet to an iron pin set; South OS° 14' S7" East, a distance of 185.00 feet to an iron pin set; South 35° 37' 14" East, a distance of 170.40 feet to an iron pin set; South 59° 47' !6" East, a distance of 150.00 feet to an iron pin set; South 83° 46' 13" East, a distance of 145.00 feet to an iron pin set; 92.263 ACRES 2- North 72° 3 I' 09" East, a distance of 185.00 feet to an iron pin set; North 40° 43' OS" East, a distance of 235.00 feet to an iron pin set; North 70° 42' S3" East, a distance of 123.69 feet to an iron pin set; North 30° 30' 17" Easi, a distance of 154.03 feet to an iron pin set; North OS° 14' S7" West, a distance of 180.00 feet to an iron pin set; Notch 22° 29' 26" West, a distance of 151.82 feet to an iron pin set; North 69° 20' 02" East, a distance of 175.00 feet to an iron pin set; North 27° S2' i2" East, a distance of 180.00 feet so an iron pin set on~ihe arc ofa curve to the IeB; with the arc of said curve (Delta = 13° 1'4' 07', Radius = 1535.00 feet) a chord bearing and distance of South 24° 48'.29" Easy 353.80 feet to an iron pin set; South 31 ° 25' 32" East, a distance of 788.60 feet to an iron pin set at a point of curvature to the right; with the arc of said curve {Delta = 26° 39' 34", Radius = l 165.00 feel) a chord bearing and distance of South 18° OS' 4S" East, S37.i9 feet to an iron pin set; South 04° 45' S8" East, a distance of 510.00 feet to an iron pin set; and South 40° I4' 02" West, a distance of 23.95 fees to an iron pin set in the northerly right-of--way line of Woerner-Temple Road; thence South 84° 35' 46" West, with said northerly right-of--way line, a distance of 1012.70 feet to an iron pin set; thence crossing said Edwards Gotf Communities, LLC tract, the following courses and distances: North 03° 45' 3T' West, a distance of 241.29 feet to an iron pin set; North 58° 30' S2" West, a distance of 8927 feet to an iron pin set; South 84° 35' 46" West, a distance of 150.00 feet to an iron pin found; North 04° 11' 18" West, a distance of97.I0 feet to an iron pin set; South 85° OI' S8" West, a distance of 496.54 feet to an iron pin set; and South 03° 45' 37" East, a distance of 395.52 feet to an iron pin set in the northerly right-of--way line of Woerner-Temple Road; thence with said northerly right~f--way Line, the following courses and distances: with the arc of a curve to the right (nelta = 67° 12' OS", Radius = 242.84 feet) a chord bearing and distance of North S8° 59' 41" West, 268.78 feet to an iron pin set; 92.263 ACRES 3- North 25° 23' 47" West, a distance of i 04.06 feet to an iron pin set at a point of curvature to the left; and with the arc of said curve (Delta = 43° 36' 02", Radius = 302.84 feet) a chord bearing and distance of North 47° 00' 14' West, 224.93 feet to an iron pin set; thence crossing said Edwards Golf Communities, LLC tract the following courses and distances: North 30° 43' 44" East, a distance of 439.30 feet to an iron pin set; North OS° 43' O1" West, a distance of 280.00 feet io an iron pin set; North 43° 29' 02" West, a distance of 190.00 feet to an iron pin set; North 74° 51' 00" West a distance of 180.00 feet to an iron pin set; South 69° 52' 44" West, a distance of 180.00 feet to an iron pin set; South 32° 34' S 1" West', a distance of 380.00 feet to an iron pin set; and South OS° 29' 31" East, a distance of 469.03 feet to an iron pin set in the northerly right-of--way line of Woerner-Temple Road; thence South 84° 49' 49" West, with said northerly right-of--way Eine, a distance of 964.78 feet to the True Point of Beginning, containing 92.263 acres of Land, more or less. Subject, however, to all legal rights of ways and/or easements, if any, of previous record. Bearings for this description are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of South 85° 44' 20" East, between said monuments, established by the Franklin County Engineering Departmenr~ EVANS, MECHWART, HAMBLETON & TILTON, INC. c~tax:~s~too PREUMfNARY APPROVAt~ FRANK~.IN COUNTY ENGINEERING DEPT. DATE: Gk:)c. Z~] SEP co Matthew A. Kirk Registered Surveyor No. 7865 p-tt- ~ 1l v~ 3~ lU`~BZ Description ~~ Wefli~Rrt Dean Ring~e. P.c., P.S. Franklin County Engineer ,,, v q.~E OF ph~~ Mar~x~wa K1RK 7865 ~ S~~N, 1. S`~~ 41.z73 Aca~s Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3453, being part of that tract of Land conveyed to Edwards Golf Communities, LLC by deed of record in Instrument Number loiooq too i9 ~6'! 9 , (all references being to the records of the Recorder's Office, Franklin County, Ohio) and more particuIazly bounded and described as follows: Beginning, for reference, at Franklin County Geodetic Survey Monument Number 6631 in the centerline of Woerner-Temple Road; thence North OS° 52' 46" West, leaving said centerline, a distance of 30.00 feet to an iron pin set in the northerly right-of--way line of Woemer-Temple Road for this description; thence South 84° 07' 14" West, with said northerly right of way line, a distance of 294.82 feet to an iron pin set; thence crossing said Edwards Golf Communities, LLC tract, the following courses and distances: North 16° 18' S2" East, a distance of 132.58 feet to an iron pin set; Notch 03° 47' 43" East, a distance of 570.00 feet io an ixon pin set; North 43° 22' 12" West, a distance of 120.00 feet to an iron pin set; North 70° 10' 12" West, a distance of 105.00 feet to an iron pia set; South 79° 14' 40" West, a distance of 110.00 feet to an iron pin set; South S6° 14' 32" West, a distance of 570.00 feet to an iron pin set; South 21 ° 23' 44" West, a distance of 320.00 feet to an iron pin set; South 85° 14' 02" West, a distance of 127.00 feet to an iron pin set; North 49° 45' S8" West, a distance of 49.50 feet to an iron pin set; . North 04° 45' S8" West a distance of 222.08 feet to an iron pin set at a point of curvature to the left; with the arc of said curve (Delta = 26° 39' 34", Radius ° 1235.80 feet} a chord bearing and distance of North 18° OS' 45" West, 569.47 feet to acs iron pin Sep North O 1° 38' 14" East, a distance of 260.00 feet to an iron pin set; North 19° 41' S5" East, a distance of 481.79 feet to an iron p in set; North 04° 18' 03" West, a distance of 280.00 feet to an iron pin set; South 88° 04' 19" West, a distance of 476.64 feet to an iron pin set at a point of curvature to the right; with the arc of said curve (Delta ~ 159° 54' 00", Radius = 75.00 feet) a chord bearing and distance of North 11 ° S 8' 41" West, 147.70 feet so an iron pin set; North 67° 58' 19" East, a distance of 750.47 feet to an iron pin set; North 04° 18' 03" West, a distance of 265.00 feet to an iron pin set; South 85° 41' S7" West, a distance of 160.00 feet to an iron pin set; 41.273 ACRES Z- North 04° 18' 03" West a distance of 160.00 fee[ to an iron pin set; North 85° 41' S7" Easy a distance of 671.13 feet to an iron pin set; South 04° 18' 03" East, a distance of 285.00 feet to an iron pin set; South 85° 41' S7" West, a distance of270.00 feet to an iron pin set; South 52° 20' OS" West, a distance of 170.00 feet to an iron pin set; South 15° 45' 2T' West, a distance of 140.00 feet to an iron pin set; South 04° 18' 03" East, a distance of 600.00 feet to an iron pin set; South 09° 29' SS" West, a distance of S8S.00 feet to an iron pin set; South 43° 39' 00" East, a distance of 195.00 feet to an iron pin set; North SS° 41' ST' East, a distance of 140.00 feet to an iron pia set; North S2° 07' 15^ East, a distance of 720.00 feet to an iron pia set; South 72° S9' O 1" East, a distartcc of 235.00 fees to an iron pin set; South 37° 32' 3S„ East, a distance of 1 SS.00 feet to an iron pia set; South 09° 40' 13" East, a distance of 85.00 fees to an iron pin set; and South 1S° 15' 38" East, a distance of 11SS.S8 feet to an iron pia set in the northerly right-of--way Iine of Woerner- Temple Road on the arc of a curve to the Ieft; thence with said northerly right-of--way line and with the arc of said curve (Delta = 32° 37' S5^, Radius = 302.84 feet) a chord bearing and distance of North 79° 33' 40", 170.16 feet to the True Point of Beginning, containing 41273 acres of land, more or less. Subject, however, to alt legal rights of ways and/or easements, if any, of previous record. Bearings for this description are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of South 8S° 44' 20" East, between said monuments established by the Franklin County Engineering Department 1 t - a 14 l\ v~ Cescript;an VersPied P.S. Frar~~:1'sn Ccunty EnciCae1r /~ r,..~•7_~ ~ 1r~1..U t~tax:t~s~ptoo Cz~~ EVANS, MECHWART, HAMBLETON & TIL,TON, INC. a (~ ~.~ SAP ao Matthew A. Kirk Registered Surveyor No. 7865 PRELIMINARY APPROVAL FRANKLIN COUNTY ENGINEERING DEPT. DA.i'E:~'~~Y: S ~'~EnyO MATI~il:VYA ' KIRK ~ o,~, vrs~ ~cc,ss~onrAt S~~ 13.067 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3453, being part of that tract of land conveyed to Edwards Golf Communities, LLC by deed of record in Instrument Number~o~°~~aora8r.~tq , (all references being to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows: Beginning, for reference, at Franklin County Geodetic Survey Monument Number 6629, in the centerline of Woerner-Temple Road; ~ • hence North 84° 35' 4b" East, with said centerline, a distance of 702.73 feet to a point; South OS° 24' 14" East, leaving said centerline, a distance of 30.00 feet to an iron pin set in•the southerly right-of--way line of Woerner-Temple Road at the True Point of Beginning for this description; thence North 84° 35' 46" East, with said northerly right-of--way [ine, a distance of 378.59 feet to an iron pin set; thence crossing said Edwards Goif Communities, LLC tract, the following courses and distances: South 09° OI' 20" West, a distance of 97:25 feet to an iron pin set; South 00° 58' 32" East, a distance of 260.00 feet to an iron pin set; South 02° 55' 30" West, a distance of 220.00 feet to an iron pin set; South 23° 26' 34" East, a distance of i 10.00 feet to an iron pin set; South 58° 37' 34" East, a distance of 110.00 feet to an iron pin set; North 89° O1' 28" East, a distance of 105.00 feet to an iron pin set; • North 63° 40' 42" East', a distance of 105.04 feet to an iron pin set; South 17° 25' 25" East, a distance of 130.00 feet to an iron pin set; South 48° 42'~ 14" East, a distance of 45.00 feet to an iron pin set; South ?3° I9' OS" East, a distance of 200.00 feel to an iron pin set; North 6S ° 15' 24" East, a distance of 140.00 feet to an iron pin set; South 03° 19' 4I" West, a distance of 203.37 feet to an iron pin set at a point of curvature to the tefr; with the arc of said curve (Delta = 00° 33' 45", Radius = 1935.00 feet} a chord bearing and distance of South 03° 02' 48" West, 19.00 feet to an iron pin set; South 84° 49' 24" West, a distance of 940.00 feet to an iron pin set; 13.067 ACRES 2- North 09° 32' 28" West, a distance of 665.50 feet to an iron pin set; North 03° 45' 37" West, a distance of 400.00 feet to an iron pin set; and North 02° 34' 47" East, a distance of 53.90 feet to the True Foint of Beginning, containing 13.067 acres of land, more or Iess. Subject, however, to all legal rights of ways and/or easements, if any, of previous record. Bearings for this description are based on the Ohio State Flane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 5536.and 7752, having a bearing of South 85° 44' 20" East, between said monuments established by the Franklin County Engineering Department. EVANS, MECHWART, HAMBLETON & TILTON, INC. e„~t~..ra. ~t 2~ SGT o0 Matthew A. Kirk Registered Surveyor No. 7865. t~tax :b„is~Proa PRELIMINARY APPROVAL C~ -!l - ~j t ~ ~ 2~~~ 10`~~3 Description ~ Verified Ceara Ringie, F? ~, P.S. Frar:~an CaL~nty EnsEnaer S~P~E OF py/\ MATTIi>r1NA 7865 ~ 0~~ 4fc-STtit;E~ ~~~0S~~NRL 5~~~ FRANKLIN COUNTY ENGINEERING DEPT. C~o~ ~d 23.598 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3453, being part of that tract of land conveyed to Edwards Golf Communities, LLC by deed of record in InsVument Number~ooo~Zg°1~8c?Q (all references being to the records of the Recorder's Office, Franklin County, Ohio} and more particularly bounded and described as follows: Beginning, for reference, at Franklin County Geodetic Survey Monument Number 663I in the centerline of Woerner-Temple Road; thence South 84° 07' 14" West, with said centerline, a distance of 481.23 feet to a point; thence South OS° 52' 46" East, a distance of 30.00 feet to an iron pin set in the southerly right-of- way line of said Woerner-Temple Road at the True Point of Beginning for this description; thence crossing said Edwards Golf Communities, LLC tract, the following courses and distances: South S 1° 08' 29" East, a distance of 314.94 feet to an iron pin set at a point of curvature to the left; with the arc of said curve (Delta = 43° 4i' 22", Radius = 535.00 feet) a chord bearing and distance of South 72° 59' IO" East, a distance of 398.14 feet to an iron pin set; North 85° i0' 09" East, a distance of IS.I 1 feet to an iron pin set; South SO° 02' 44" East, a distance of 49.31 feet to an iron pin set; South OS° 15' 38" East, a distance of 938.64 feet to an iron pin set; South 22° 23' 26" West, a distance of 177.01 feet to an iron pin set; South 43° S6' 42" West, a distance of 174.70 feet to an iron pin set; South b8° 32' S2" West, a distance of 174.70 feet to an iron pin set; North 86° SO' S8" West, a distance of 174.70 feet to an iron pin set; North b2° 44' I2" West, a distance of175.04 feet to an iron pin set; North 45° 00' 00" West, a distance of 318.63 feet to an iron pin set; ~'~ North 6I° 36' S0" West, a distance of 122.97 feet to an iron pin set; North 68° 45' S4" West, a distance of 122.14 feet to an iron pin set; North 77° 48' S6" West, a distance of 122.43 feet to an iron pin set; South 89° 08' 22" West, a distance of 234.98 feet to an iron pin set; 23.598 AC>t2~S 2_ North 03° l9' 41" East, a distance of 228.37 feet to an iron pin set at a point of curvature to the left; with the arc of said curve (Delta 03° 43' [ 6", Radius = 1425.00 feet) a chord bearing and distance of North 01 ° 28' 03" East, 125.00 feet to an iron pin set; North 85° l4' 02" Easi, a distance of 505.00 feet to an iron pin set; South 47° I I' 42" East, a distance of 307.26 feet to an iron pin set; South 34° 29' 19" East, a distance of 481.27 feet town iron pin set; North 27° 00' S4" East, a distance of 225.00 feet to an iron pin set; North 08° 2 i' 28" West, a distance of 465.00 feet to an iron pin set; North 34° 15' S8" West, a distance of 740.00 feet to an iron pin set; North 02° 03' 32" East, a distance of 75.00 feet to an iron pin set; and North 52° 09' 26" East, a distance of 6.55 feet to an iron pin set in the southerly right-of--way line of Wcerner-Temple Road; thence North 84° 07' l4" East, with said southerly right-of--way line, a distance of f 03.60 feet to the True Point of Beginning, containing 23.598 acres of Land, more or Iess. Subject, however, to all Iegai rights of ways and/or easements, if any, of previous record. Bearings for this description are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of South 85° 44' 20" East between said monuments, established by the Franklin County Engineering Department. EVANS, MECHWART, HAMBLETON & TILTON, INC. Ntn~c:t~mis~P~oo PRELIMINARY APPROVAL FRANKLIN COUNTY ENGiNEER1NG DEPT. rj ~ , s~ 4 Matthew A. Kirk Registered Surveyor No. 7865 t1-3 o~ C ~ ~-3~ o`k~~ f~l.l o~ Cz~~~ j Descrie:9on Vor'6iad Lean Ri^t,!@, i?~„ ?S. Frarkfin Cccrbj 5 ~'ti ~~yo MATi~IiWW A KIRK Ti365 ~ P~Ql~R~p ~p ss~oNa~ s~~~ 2.512 ACRES Situated in the State of Ohio, County of Franklin, City of Dublin, Virginia Military Survey Number 3453, being part of that tract of land conveyed to Edwards Galf Communities, LLC by deed of record in Instrument Numberdoa,ariz4nrY3e79. (all references being to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows: Beginning, for reference, at Franklin County Geodetic Survey Monument Number 6631 in the centerline of Woerner-Temple Road; thence South OS° 52' 46" East, leaving said centerline, a distance of 30.00 feet to an iron pin set in the southerly right-of--way line of Woerner-Temple Road at the True Point of Beginning for this description; thence with said southerly right-of--way line, and with the arc of a curve to the right (Delta = 42° 00' 11", Radius = 242.84 feet) a chord bearing and distance of South 74° 52' 32" East, 174.06 feet to an iron pin set; thence crossing said Edwards Goif Communities, LLC tract, the following courses and distances: South OS° 15' 38" East, a distance of 209.84 feet to an iron pin set; South 39° 57' 16" West, a distance of 49.b8 feet to an iron pin set; South 85° 10' 09" West, a distance of 14.06 feet to an iron pin set at a point of curvature to the right; with the arc of said curve (Delta = 43° 4 l' 22", Radius = 465.00 feet) a chord bearing and distance of North 7Z° 59' 10" West, 346.05 feet to an iron pin set; North 51 ° 08' 29" West, a distance of 181.66 feet to an iron pin set; and Nonh lb° l8' 52" East, a distance of 47.62 feet to an iron pin sec in the southerly right-of--way Zinc of Woerner-Temple Road; thence North 84° 07' l4" East, with said southerly right-of--way line, a distance of 319.30 feet to the True Point of Beginning, containing 2.512 acres of land, more or less. Subject, however, to all tega! rights of ways and/or easements, if any. of previous record. Bearings for this description are based on the Ohio State Plane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 5536 and 775?, having a bearing of South 85° 44' 20" East, between said monuments established by the Franklin County Engineering Department. U _ t ~ -~-- g-1~l p Z~3 lo~$~ Description \\ Varifiad Dean Ringla, ?= . I?S. i=ran{lin Cou^y EnGineer , EVANS, MECHWART, HAMBLETON & TII.TON, INC. Ld,~' Zvi cl.. ~~ ~J S y ° CO Matthew A. Kirk Registered Surveyor No. 7865 t ~ o ~~~,,I~,r.. 1 ~..n, ,...~ MATTHEW A ' 865 ~ o O 0~, ~F~/STER6 ,ct,,. s`r~~NAL `'~~ t}2,YJt~C 5.347 AC12ES Situated in the State of Ohio, County of Franklin, Ciry of Dublin, Virginia Military Survey Number 6953, being part of that tract of land conveyed to Edwards Golf Communities, LLC by deed of record in Instrument Number,2~woa,z9~i~te~g, (all references being to records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows: Beginning, for reference, at Franklin County Geodetic Survey Monument Number 2210 at the centerline intersection of Cosgray Road and Woerner-Temple Road; thence North 84° 49' 49" East, with the centerline of said Wcerner-Temple Road, a distance of 527.43 feet to a point; thence South 05° 10' 11" East, leaving said centerline, a distance of 30.00 feet to an iron pin set in the northerly right-of--way line of Wcerner-Temple Road at the True Point of Beginning for this description; thence North 84° 49' 49" East, with said northerly right-af--way line, a distance of 857.76 feet to an iron pin set; thence crossing said Edwards Golf Communities, LLC tract, the following courses and distances: South OS°29' 31"East, a distance of 190.97 feet to an iron pin set; South 84°30' 29"West, a distance of 90.00 feet to an iron pin set; South OS°29' 31"East, a distance of 150.00 feet to an iron pin set; South 84°30' 29"West, a distance of 560.00 feet to an iron pin set; North 19°10' 25"West, a distance of 135.00 feet to an iron pin set; North 32°34' 15"West, a distance of 130.00 feet to an iron pin set; North 53°35' 35"West, a distance of 135.00 feet to an iron pin set; and North 67°07' 46"West, a distance of 18.36 feet to the True Point of Beginning, containing 5.347 acres of land, more or less. Subject, however, to all legal rights of ways andlor easet:ten~s, if any, of previous record. Bearings for this description are based on the Ohio State Piane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of South 85° 44' 20" East, between said monuments established by the Franklin County Engineering Department. t (- ~ EVANS, MECHWART, HAMBLETON & TILTON, INC. A ~ t ~ ~ Description ~'~ ~ Ve; hied ~'`!'.;,s e,, ~-~'~ z~ .S~ P ~ ~ SZP~E OF phi C 2-~-~~ Dean F.ingle, P.E. Ps. ~ Frar:c?in Cc::: ty Matthew A. Kirk 1 v ~ ~ ~ Ens.^•~s~r o- s ~ A D~tn: zLpJo~- PRELIMINARY APPROVAL ~ ,~ ~' o~ A~Ifl11~ COE~~~' ss~01YAL Sv4EI~.IN~ QEPT. z r;.7><a Acl~s Situated in the State of Ohio, County of ,Franklin, City of Dublin, Virginia Military Survey Numbers 3453 and 6953, being part of that tract of land conveyed to Edwards Golf Communities, LLC by deed of record in Instrument Number ~aaeogz4o~9~t~a(all references being to records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows: Beginning, for reference, at Franklin County Geodetic Survey Monument 6628, in the centerline of Wcerner-Temple Road; thence South 64° 36' I3" West, leaving said centerline, a distance of 30.00 feet to an iron pin set in the southerly right-of--way line of Woerner-Temple Road at the True Point of Beginning for this description; thence with said southerly right-of--way line and with the arc of a curve to the Left (Delta = 67° 25' SS", Radius = 302.84 feet} a chord bearing and distance of South S9° 06' 36" East, 336.20 feet to an iron pin set; thence crossing said Edwards Golf Communities, LLC tract, the following courses and distances: South 03° 45' 37" East, a distance of 424.47 feet to an iron pin set; South 09° 22' 43" East, a distance of 546.95 feet to an iron pin set; South 28° S9' 26" West, a distance of 254.69 feet to an iron pin set on the arc of a curve to the left; with the arc of said curve (Delta = 09° 27' 21", Radius W 775.00 feet} a chord bearing and distance of South 6S° 44' 1S" East, 127.76 feet to an iron pin set; South 27° 1 S' 25" East, a distance of 34.23 feet to an iron pin set; South 1S° S7' OS" West, a distance of 81.58 feet to an iron pin set to a point of curvature to the right; with the arc of said curve (Delta = 13° 54' 40", Radius = 325.00 feet) a chord bearing and distance of South 22° S4' 2S" West, 78.71 feet to an iron pin set; and South 60° 08' 14" East, a distance of 50.00 feet to an iron pin set; thence South 06° 34' 07" East, with a westerly line of that tract conveyed to Ned E. Laze by deed of record in Deed Book 3798, Page 456, a distance of 50.00 feet to an iron pin set; thence crossing said Edwards Golf Communities, LLC tract, the following courses and distances: North 71° 33' S2" West, a distance of 600.00 feet to an iron pin set; North S6° SS' 26" West, a distance of 825.00 feet to an iron pin set; North 39° 23' 06" West, a distance of 320.00 feet to an iron pin set; 21.710 ACRES 2- North 37°50' S9"East, a distance of 120.00 feet to an iron pin set; North 2S°08'S0"East, a distance of 357.66 feet to an iron pin set; North 84°30'29"East, a distance of 85.00 feet to an iron pin set; North OS°29'31"West, a distance of 150.00 feet to an iron pin set; North 84°30'29"East, a distance of 205.00 feet to an iron pin set; South OS°29'31"East, a distance of 110.00 feet to an iron pin set; South 15°24'31"West, a distance of 533.07 feet to an iron pin set; South 24°06'lS"East, a distance of !86.41 feet to an iron pin set; South 68°2I'O 1"East, a distance of 452.43 feet to an iron pin set; South 53°I6'46"East, a distance of 211.95 feet to an iron pin set; North 48°50'30"East, a distance of I22.42 feet to an iron pin set on the arc of a curve to the left; with the arc of said curve (Delta = 02° 47' 46", Radius = 775.00 feet) a chord bearing and distance of South 42° 33' 27" East, 37.82 feet to an iron pin set; North 46° 02' 40" East, a distance of 178.62 feet to an iron pin set; North 28° 33' S7" West, a distance of 790.00 feet to an iron pin set; North 15° 59' 04" East, a distance of 20I.02 feet to an iron pin set; North 00° I3' 07" East, a distance of 100.50 feet to an iron pin set; North I 1 ° I2' 09" West, a distance of 100.50 feet to an iron pin set; North 27° 47' 53" West, a distance of 2I0.77 feet to an iron pin set; and North 30° 43' 44" East, a distance of 49.64 feet to an iron pin set in the southerly night-of-way Iine of Woerner-Temple Road; thence with said southerly right-of--way line and with the arc of a curve to the right (Delta = 46° 00' 28", Radius = 242.84 feet) a chord bearing and distance of South 48° 11' 11" East, 189.80 feet to an iron pin set; Z 1.710 ACRES 3- thence South 25° 23' 47" East, continuing with said southerly right-of--way line, a distance of I04.17 feet to the True Point of Beginning, containing 21.710 acres of land, more or less. Subject however, to all legal rights of ways and/or easements, if any, of previous record. Bearings for this description are based on the Ohio State PIane Coordinate System as per NAD83. Control for bearings was from coordinates of Monuments 5536 and 7752, having a bearing of South 85° 44' 20" East, between said monuments established by the Franklin County Engineering Department. EVANS, MECHWART, H,pMBLETON & TII.TON, INC. Matthew A. Kirk Registered Surveyor No. 7865 MAKkm/septoo 0_~1-~.. ti~ o-~ z~3~ 1oy~`4- S~ptE OF py'\ nHE111A o~~s ~'c,~R~o ~~o~S~onraL s~~~ D2scri~tion \\ Vari#icd sn Firgle, P D., P.S. r~3^•I<iln COI.•~~t~~ nginesr PFtEUMtNARY APPROVAL FRANKLIN CQUNTY ENGiNEtR1NG DEPT DATE ~Y: EXHIBIT C REAL PROPERTY EXCLUDED FROM THE PROPERTY C-1 azss acxE Situated in the State of Ohio, County of Fraiikiin. City of Dublin. Virginia Military SurveyNumber6953, being part of that tract of land conveyed to the Ciry of Dublin, Ohio by deed of record ininstrumentNumberlocco429o1gB6~9, (al! references being to the records of the Recorder's Office, Franklin County, Ohio) and more particularly bounded and described as follows: Beginning, for reference, at the intersection of the southerly right-af--way line of Waerner•TempleRoadwiththecommonlineofVirginiaMilitarySurveyNumbers3453andb953; thence South 04° 19' 42" East, with said common litre, a distance of 1140,23 feet to a point; thence South 85° 40' 18" West, leaving said common line, a distance of 74,43 feet to an iron pinsetattheTruePointofBeginningforthisdescription; thence South 28° 59' 26" West, with a westerly line of that tract conveyed to Edwards GolfCommunities, LLC by deed of record in Instrument Number , a distance of 50.00 feet to anironpinset; thence crossing said City of Dublin, Ohio tract and with the arc of a curve to the right (DeltaI7° 03' I5", Radius = 775.00 feet) a chord bearing and distance of North 5?° 28' S7'' West, 229.$3 feet to an iron pin set; thence North 46° 02' 40" East, with an easterly line of said Edwards Golf Communities. LLC tract, a distance of 50.00 feet to an iron pin set; thence crossing said Ciry of Dublin, Ohio tract and with the arc of a curve to the !eft (Delta = 17° 03' 05", Radius = 725.00 feet) a chord bearing and distance of South 52° z8' S7" East. ? 15.00 Poet to theTruePointofBeginning, containing O.ZS6 acre of land, more or less. Subject, however, to all legal rights of ways and/or easements, if any, of previous record. Bearings for this description are based on the Ohio State Plane Coordinate System as per NAD83. Control far bearings was from coordinates of Monuments 5536 and 77$2, having a bearing South 8~` 44'30" East, between said monuments, established by the Franklin Cottnry Engineering Department. EVANS, MECNWART, HAMBLETON & TI1rTON,1NC. yA[~:krrvac~UO ---- Q `~'S' , 5 Q l~~- O , z•SG o ~~ v~ i ~wwlaw.- 61,~~-~f ~ -t G 4 1 C' V Matthew A. Kirk Registered Surveyor No. 7865 PE~ELIMINARY APPROVAL p,'SEOfp\1 O MAYil1EW A ' FS'~~~~sr~~~° ,~~°~ s~~NAI. Sv~~ FRANKLIN COUNN 0.093 AC12ir Situated in the State of Ohio, County of Franklin, Ci of Dublin,Number 3453, being part of that tract of land conveyed to the Cty of Dublin, Ohio by deed+of rec urvey ord in instrument Number 2oooo4z~p~~86}~, (all references being to the records of the Recorder's Office, FranCounty, Ohio) and more particularly bounded and described as follows; kltn Beginning, for reference, at Franklin County Geodetic Survey Monument Number 6630 let the centerline of Woemer-Temple Road; thence South 84° 35' 46" West, with said centerline a disrance of SI2.92 feat to a poiai; thence North QS° ?4' l4" West, leaving sand centerline, a disrattce of 30.QQ feet to art iron pin set in the northerly right-of--way line of Woerner-Temple Road at the True Point of 9e innindescription; g g for this thence South 84° 35' 46" West, with said northerly right-af--way Iine, a distance of 123,79 feet to art iron pin set; thence North 39° S l' 28" East, crossing said City of Dublin, Ohiv ttsct, a distance of 93.30 feet to an iron pin set; thence South 46° 36' 57'' East, continuing across said City of Dublin, Ohio tract, a dist~ce of 87.3Q Feet ro the True Point of $eginniRg, containing Q.pg3 acre ofland, more or less, Subject, however, to al! legal rights of ways and/or casements, if any, of previous rec ord. Bearings for this description arc basal on the Ohio Staze Plano Coordinate System as per NAD83.Control for bearings was from coordinates of Monuments 5536 and 7782, having a bearin of South 44' 30" )vast, between said monuments. established by the Franklin County Engineering De&amttent $$°P BvANS, M>rCHWARI', HAMe~,):TON & TILTON, INC. Matthew A, Kj~ Registered Surveyor No. 7865 tAt~.lmJcctOQ S~AtE OF py\0 MAflNEWp 5 ~ 1 ` ~-- ~ 7J865 ~ U `''t` ° ~ ~.PI~EI.)M1N~AY ~ ssi~MAl. ~~~~AI~PR01lAL ERANKLlN CGUNTY ENGINEERING D~pT EXHIBIT D SPECIAL GOLF PROGRAMS Golf Camp Open to alI children ages 8-16. The camp will run for 3 weeks Mon-Fri 10:00AM-S:OOPM) during the summer months. Classes will be split into Beginner, Intermediate, and Advanced. Golf Camp will focus on the following: 1. Rules and Etiquette of the Game of Golf 2. Facts and History 3. The Fundamentals of the Golf Swing 4. The Short Game, Chipping and Putting 5. Bunker Play 6. Driving the Ball 7. Course Strategy Camp will also include team and individual games, camp tee shirt, lunch, and prizes. Tunior Clinics A schedule will be posted for dates of Junior Clinics throughout the year. They will take place in the spring on Mondays from 4:OOPM - 6:OOPM, and throughout the summer on Monday mornings. The primary focus of these clinics will be on development of the golf swing. Individual Instruction Juniors will be able to schedule private lessons from any of our instructors. These lessons will be 45 minutes in length and will be at a reduced rate. They also will be able to schedule a series of 3 or 6 lessons. School Proerams Our instructors will be available to give instruction or assistance at school physical education classes. The school golf teams will have access to the course. Tartan Golf has been and will continue to be a strong supporter of school golf programs. D-l TARTAN. GOLF COMPANX, LLC SECRETARY'S _CERTYFICATE This 'Certificate is being: provided. in connection with the execution ~of :a certain Ground LeaSe~.arid Operating. Agreement (the "Ground. Lease aril C~peratmg Agreemerit~') between the City. of .Dublin, Qluo and. Tartan Golf Compazry, ~ LLC:~.(the "Company") Tlie' undersigned, the Secretary of the Company, hereby certifies as ~followsi 1 The copses: of the- resolutions of the. Company's, Sole M~ernber: attached hereto as . . Exhib. it ~l : are true, and. corriplete and are . in, full :force, and :effect without modif cation or amen _ :: exit. 2 That the below named erson§ have been dul elected, and are now offices set forth below .and they :signature :appearing with such, officer's name then oldng the: em :is~ such person's genume signature, _ Thomas D: Andersan~ .: ~-f~c?~=~ ~ ~. r`' Presid'ent.arid'Treasurer Jeffrey T, Hayes. ~' .,. - _._ cre --- .- December: 7, 2000 ~~ _ - _ of T, ,ayes: - .. . Secretary' I, Thomas D Anderson; President and Treasurer~of tke Company, do..hereby certify that Jeffrey T Hayes lids been duly elected, and is noW.and was at the time he signed this Certificate- the :Secretary of th_e Company and the .signature appearing wrth his .name. 'herein is .his genuine signature; - necember.7, 2000. ~ ' :... T :.homas D:.Andersori WLUI~ffiUS/852922 v.01 TARTAN G®LF COMPANY, LLC ACTION BY SOLE MEMBER The undersigned, being the sole member of Tartan Goif Company, LLC, an Ohio limited liability company (the "Company"), hereby authorizes, approves and adopts the following resolutions. WHEREAS, the Sole Member deems it to be in the best interests of the Company to enter into the Ground Lease and Operating Agreement between the Company and the City of Dublin, Ohio, a copy of which is attached hereto as Exhibit A (the Ground Lease and Operating Agreements'). RESOLVED, that the terms and conditions of the Ground Lease and Operating Agreement are hereby approved and the Company is hereby authorized to execute and deliver the Ground Lease and Operating Agreement and such other documents that are to be executed and delivered by the Company in connection therewith in such form as shall be approved by the officer executing the same and the execution thereof shall constitute conclusive evidence of such officer's approval. FURTHER RESOLVED, that Thomas D. Anderson, President of the Company, be and he hereby is authorized, directed and empowered, for and on behalf of the Company, to execute any and all documents, and take any other actions, which he, in his sole and absolute discretion, deems necessary or advisable to effectuate the intentions of the preceding resolutions. IN WITNESS WHEREOF, the undersigned has executed this Action by Sole Member as of December 7, 2000. Thomas D. Anderson, Sole Member coLUnu+us~assa~~ r.ai HOLE 5 rEcOnfiguratiOn pLan E:iSting fair9a; E:iSting cart patH E:iSting LinE Of pLa; prOpOSED LinE Of pLa; aD,uSt cart patH S3 ft prOpOSED tEE ELE8 S3 ft prOpSED tEE ELE8 S3 ft DELEtE tEE aD,uSt cart patH S3 ft E:iSting pOnD ELE8 prOpErt; LinE rEtain E:iSting tEE HurDZan gOLf cOurSE DESign SHift fair9a; /aintain un/O9n nati8E graSS $uffEr /aintain un/O9n nati8E graSS $uffEr tiE un/O9n E:panSiOn intO E:iSting prOpSED tEE ELE8 S3 ft