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Special Conditions <br />EXHIBIT "A" <br />Page 10 <br />Investment No. 04 -01 -06546 <br />15. ARCHITECT /ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA, the <br />Recipient shall submit to the Government for approval an Architect/Engineer agreement that <br />meets the requirements of Section IV E of the "Summary of EDA Construction Standards, <br />October 2007 as amended on November 28, 2007' as well as the competitive procurement <br />standards of 15 CFR Part 24 or 15 CFR Part 14, as applicable. The fee for basic <br />Architect/Engineer services shall be a lump sum or an agreed maximum and no part of the fees <br />for other services shall be based upon a cost - plus -a- percentage -of -cost or a cost using a <br />multiplier. <br />16. USEFUL LIFE: The useful life of this project for purposes of the First Priority Unsubordinated <br />Lien required by paragraph M.3 of the Standard Terns and Conditions, is hereby determined to <br />be 20 years. <br />17. ENVIRONMENTAL: Prior to any renovation or construction work in the former Trans -matic <br />Manufacturing building, Recipient shall provide evidence satisfactory to the Government that <br />the recommendations to address recognized environmental conditions in the Phase I <br />Environmental Site Assessment (ESA) by Enviro- Sciences (of Delaware) Inc., dated September <br />1, 2009 have been completed. <br />18. ENVIRONMENTAL: Prior to construction of road improvements, Recipient shall provide <br />evidence satisfactory to the Government that a erosion and sedimentation control plan has been <br />approved by the North Carolina Division of Land Resources, Land Quality Section. <br />19. ENVIRONMENTAL: Prior to construction of the road improvements, Recipient shall provide <br />evidence satisfactory to the Government that the mitigation required as a condition of the <br />Section 404 permit issued by the US Army Corps has been completed. <br />20. ENVIRONMENTAL: Recipient agrees to and shall cause the following to be placed on the <br />project plans and specifications: "If archaeological materials are encountered during <br />construction, North Carolina State Historic Preservation Office and the Catawba Indian Nation <br />shall be contacted immediately. Archaeological materials consist of any items, fifty years or <br />older, which were made or used by man. These items include, but are not limited to, stone <br />projectile points (arrowheads), ceramic sherds, bricks, worked wood, bone and stone, metal and <br />glass objects, and human skeletal materials." <br />21. LEGAL: Recipient shall prior to soliciting bids for the construction of improvements funded <br />by this Award obtain and deliver to the Government approvals from Womack and the IDC <br />verifying approval of all improvements, plot layouts, exterior elevations, landscaping and <br />parking for the improvements to be constructed on the Project Site by funds from this Award <br />prescribed in paragraphs 2 and 4 of the Restrictive Covenants. Defined words in this Special <br />Award Condition shall have the meanings attributed to such words in the preceding Special <br />Award Condition. Additionally Womack and the IDC shall also provide Recipient with (and <br />Recipient shall deliver to the Government) approval for all building front, side and rear setback <br />requirements prescribed in paragraph 3 of the Restrictive Covenants, and <br />