SW8170721_CURRENT PERMIT_20220520 (3)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 17 07 2
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 DZz p 5 Z P
YYYYMMDD

ROY COOPER
crnanor
ELIZABETH S. BISER
BRIAN WRENN
Dhvaor
May 20, 2022
Sloop Point Marina Owners Association, Inc.
D. Logan, Director
60 Gregory Road, Suite 1
Belville, NC 28451
NORTH CAROLINA
Enytrwwwnraf Quality
Subject: Permit Transfer/ Notice of Inspection
Post -Construction Stormwater Management Permit No. SW8 170721
Lewis Road Dry Stack
Pender County
Dear Mr. Logan:
The Division of Energy, Mineral and Land Resources received a complete Permit Transfer Application on
February 22, 2022 requesting to transfer ownership of the subject permit under the provisions of 15A NCAC
02H.1045(1 xa). Staff has inspected the project, reviewed the available documentation, and determined that the
project is currently in compliance with the terms and conditions of the state stormwater permit. By signing the
Permit Transfer Application, you have accepted the responsibility for complying with the terms and conditions
outlined in this permit. The Division is hereby notifying you that permit SW8 170721 has been transferred,
updated, and re -issued on May 20, 2022, as attached.
This permit remains effective until August 25, 2025 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements or design standards; it clarifies the rules and
requirements of this program to provide you with a better understanding of your obligations under this permit.
Failure to comply with these requirements will result in future compliance problems. Please note that this permit
is not transferable except after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Steve Pusey in the Wilmington Regional Office,
at phone # [phone] or [e-mail].
Sincerely,
:x WLA
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: copy of the Transfer Application documents including Engineer Certification form, Transfer Application form, and O&M
A eemcat
copy oFfe latest compliance inspection report
DES/ sgp: \\\Stormwater\Permits & Projects\2017\170721 HD\2022 01 permit 170721
cc: Tim Clinkscales, PE, PLS; Paramounte Engineering
Wilmington Regional Office Stormwater File
D_E � North Carolina Department of Environmental Q 1alay I Division of Energy. Mneel and Land Resources
WRmin9ton Regional Office I Q7 Cardinal Drive Extenslon I Wilmington North Carolina 28405
��+ •��� /'� 910.796.7215

Post -Construction Stormwater Management
Permit No. SW8 170721
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Sloop Point Marina Owners Association, Inc.
Lewis Road Dry Stack
579 Lewis Road, Hampstead, Pender County
FOR THE
construction, operation and maintenance of four (4) areas of permeable pavement ("stormwater
control measures" or "SCMs") discharging to Class SA-HQW waters in compliance with the provisions
of Title 15A NCAC 2H .1000 effective January 1, 2017 (the "stormwater rules") and as outlined in the
application, approved stormwater management plans, supplement, calculations, operation and
maintenance agreement, recorded documents, specifications, and other supporting data (the
"approved plans and specifications") as attached and/or on file with and approved by the Division of
Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed,
operated and maintained in accordance with these approved plans and specifications. The approved
plans and specifications are incorporated by reference and are enforceable part of this permit
This permit shall be effective from the date of issuance until August 25, 2025 and shall be subject to
the following specified conditions and limitations. The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
This permit is effective only with respect to the management and volume of stormwater
described in the approved plans and specifications. The maximum amount of built -upon area
(BUA) allowed for the entire project is 21,840 square feet, comprised of proposed asphalt and
sidewalk that is "adjacent" the permeable pavement areas. A total of 8,610 square feet of
impervious area currently exists on site. After development, there will be 3,810 sf of existing
BUA remaining on site. Of that 3,810 sf, 810 sf of roof area from the existing Ship's Store will be
directed to SCM502 via a piped roof drain. The remaining 3,000 sf of existing BUA is comprised
of the remaining Ship Store roof and surrounding gravel area that will not be treated.
2. The drainage areas for the on -site stormwater systems will be limited to the amounts of BUA
indicated in this permit and the approved plans and specifications. The runoff from all BUA
within the permitted drainage areas of this project must be directed into the permitted SCMs.
The stormwater control measures labeled SCM500, SCM501, SCM502 and SCM503 have been
designed using the runoff volume match method. The pre -development runoff fate of the total
rainfall volume of 31,083 cubic feet (cf) is 28,255 cf, via natural infiltration & evapotranspiration
(ET), which leaves 2,828 cf untreated. The post -development runoff fate for the permeable
pavement areas is a total of 15,785 cf; and the runoff fate for natural infiltration & ET is a total of
14,631 cubic feet, leaving 667 cubic feet untreated, which is less than the 2,828 cf of untreated
pre -developed volume.
Page 1 of 5

Post -Construction Stormwater Management
Permit No. SW8 170721
3. Where a project or lot is located within CAMA's Area of Environmental Concern (AEC), the
Division of Coastal Management (DCM) may calculate a different maximum built -upon area
based on CAMA regulations. The more restrictive BUA limit of DCM or DEMLR will apply to the
project.
A 50-foot-wide vegetative setback must be provided and maintained adjacent to all surface
waters, measured horizontally from the normal pool elevation of impounded structures, from the
top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters,
perpendicular to the shoreline in accordance with the stormwater rules and the approved plans
and specifications. The setback currently contains 3,810 sf of water -dependent existing BUA.
5. The four (4) permeable pavement stormwater control measures SCM500, SCM501, SCM502
and SCM503 are permitted based on the MDC listed in NCAC 02H.1050 and NCAC 02H.1055,
and as presented in the sealed, signed and dated Storm-EZ application, the calculation
documents, and as shown on the approved plans and specifications.
6. The permitted stormwater control measures must be provided and maintained at the design
condition with the following limitations:
SCM500
SCM501
SCM502
SCM503
a. Area of permeable pavement (sf): 12845
8400
5580
3535
b. Adjacent BUA (sf): 6600
4600
5530
3350
c. Aggregate depth (inches): 6
6
8
8
d. Design Storm (inches): 3.75
3.75
3.75
3.75
e. Volume stored in aggregate (cf): 2569
1680
1488
943
f. Time to draw down (<72 hours): 24
24
24
24
g. SHWT separation (ft): 1.0
1.0
1.0
1.0
This project has achieved runoff volume match. Any excess runoff volume within the four (4)
permeable pavement areas that is not infiltrated within 72 hours,
must be released at a non -
erosive velocity at the edge of the vegetated setback.
8. This project does not propose any new stormwater outlet discharge points and therefore will not
have the opportunity to cause erosion during the 10-year storm event. Runoff from a portion of
the existing roof of the Ship's Store and the existing gravel parking will continue to discharge as
it was before.
The stone base material used under the permeable pavement areas shall be a washed
aggregate.
10. The soil subgrade slope under the permeable pavement shall be less than or equal to 2%.
11. SCM502 captures the runoff from 810 square feet of existing rooftop (<1000 so that is piped and
discharged directly into the aggregate base of the SCM502 permeable pavement and does not
require screening.
12. The amount of adjacent BUA treated in any one of the permeable pavement area may not
exceed a 1:1 ratio of adjacent BUA to permeable pavement area.
13. The project proposes a 278' x 42' area of #57 stone, laid 4 inches thick over a geotextile fabric,
located under the open dry stack rack and is not counted as BUA.
14. This project proposes a boat wash area. None of the wash water runoff shall enter the
permeable pavement.
15, Each permeable pavement area shall have at least one capped observation well placed at the
lowest point in the system.
Page 2 of 5

Post -Construction Stormwater Management
Permit No. SW8 170721
II. SCHEDULE OF COMPLIANCE
The permeable pavement shall infiltrate the 1 year 24-hour pre/post volume difference in less
than 72 hours, and shall infiltrate the 10-year, 24-hour storm event without discharging.
The Permeable Pavement areas shall be protected from sediment deposition from adjacent
pervious areas.
The soil subgrade for the permeable pavement shall be graded when there is no precipitation.
During construction, erosion shall be kept to a minimum and any eroded areas of the on -site
stormwater system will be repaired immediately. If the stormwater system is used as an Erosion
Control device, it must be restored to design condition prior to operation as a stormwater
treatment device, and prior to occupancy of the facility.
All stormwater control measures, stormwater collection systems vegetated conveyance systems,
and/or maintenance accesses must be located in public rights -of -way, dedicated common areas
that extend to the nearest public right-of-way, and/or permanent recorded easements that
extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance,
and repair.
6. The permittee shall provide and perform the operation and maintenance necessary, as listed in
the signed Operation and Maintenance Agreement, to assure that all components of the
permitted on -site stormwater system function at the approved design condition. The approved
Operation and Maintenance Agreement is incorporated by reference into this permit and must
be followed in its entirety and maintenance must occur at the scheduled intervals.
The operation and maintenance agreement must be recorded with the Office of the Register of
Deeds.
8. Records of maintenance activities must be kept and made available upon request to authorized
personnel of the Division. The records will indicate the date, activity, name of person performing
the work and what actions were taken.
9. The final plats for the proiect must be recorded with the Office of the Register of Deeds. The
recorded plat must reference the Operation and Maintenance Agreement and must also show all
public rights -of -way, dedicated common areas, and/or permanent drainage easements, in
accordance with the approved plans.
10. The permittee is responsible for verifying that the proposed built -upon area for the entire project
does not exceed the maximum allowed by this permit.
11. Upon completion of the project, the permittee shall determine whether or not the project is in
compliance with the permitted plans and take the necessary following actions:
a. If the permittee determines that the project is in compliance with the permitted plans, then
within 45 days of completion, the permittee shall submit to the Division one hard copy and
one electronic copy of the following:
i. The completed and signed Designer's Certification provided in Attachment A
noting any deviations from the approved plans and specifications. Deviations
may require approval from the Division;
ii. A copy of the recorded maintenance agreement; and,
iii. A copy of the recorded plat delineating the public rights -of -way, dedicated
common areas and/or permanent recorded easements, when applicable.
b. If the permittee determines that the project is not in compliance with the permitted plans,
the permittee shall submit an application to modify the permit within 30 days of completion
of the project or provide a plan of action, with a timeline, to bring the site into compliance.
Page 3 of 5

Post -Construction Stormwater Management
Permit No. SW8 170721
12. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans, the
permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below:
a. Any modification to the approved plans and specifications, regardless of size including the
stormwater control measures, built -upon area, details, etc.
b. Redesign or addition to the approved amount of built -upon area or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading or resizing of any
component of the approved stormwater control measure, stormwater collection system
and/or vegetative conveyance system shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement for BUA credit that is not included on the
approved plans.
g. The construction of any #57 stone areas, public trails or landscaping material to be
considered a permeable surface that were not included in the approved plans and
specifications.
h. Other modifications as determined by the Director.
13. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee
shall submit a written time schedule to the Director for modifying the site to meet minimum
requirements. The permittee shall provide copies of modified plans and certification in writing to
the Director that the changes have been made.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of the
following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved,
iii. A person or entity who has been lawfully and finally divested of title to the property
on which the permitted activity is occurring or will occur through foreclosure,
bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur.
Page 4 of 5

Post -Construction Stormwater Management
Permit No. SW8 170721
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the permit conditions have been met and
that the project and the on -site stormwater system complies with the permit conditions.
Records of maintenance activities performed to date may be requested. Projects not in
compliance with the permit will not be transferred until all permit and/or general statute
conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time schedule to
the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of modified plans and certification in writing to the Director that the
changes have been made.
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit transferred, updated and reissued this the 20th day of May 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
C�LL9QIP
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 170721
Page 5 of 5

Operation & Maintenance Agreement
Lewis Rd Dry Stack Sw 4 170 7 2 ►
Hampstead, NC PENDER County
Prepared By: Tim Clinkscales, PE PLS, Paramounte Engineering Inc
Maintenance recoras snail De Kept on the Tonowmg t5mY(S). I nls maintenance record snail De Kept In a log In a Known set
location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These
deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s).
The BMP(s) on this project include (check all that apply &
Bioretention Cell Quantity:
Dry Detention Basin
Grassed Swale
Green Roof
Infiltration Basin
Infiltration Trench
Level SpreaderNFS
Permeable Pavement
Proprietary System
Rainwater Harvesting
Sand Filter
Stormwater Wetland
Wet Detention Basin
Disconnected Impervious Area
Soil Amendments
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Quantity:
Present:
Present:
O&M tables
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Location(
Locationi
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed
for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party.
Responsible Party:
Title & Organization:
Street address:
City, state, zip:
Phone number(s):
Email:
Signature:
County of
personally appeared before me this
Sloop Point Marina Owners Association, Inc.
D I Logan I Director
60 Gregory Rd, Suite 1
Belville NC 28451
910-332-3524
[e-mail]
Date: a d
a Notary Public for the Stale of I bi
do hearby certify that 0 p
day of kc byU and
acknowledge the due execution of the Op r tions and Maintenance Agreement .
Witness my hand and official seal, ��L. CA4 C
Kris Ine Case
NOTA YPUB
LIC
BrunswI k County, NC
My Commission Expire August 08, 2026
CEIVEr
FEB 2 2 2022 f
2ni2o22
O&M Manual Page 1 of 3

Seal My commission expires
Sw8 17a7z 1
=CEIVE
FEB 2 2 2022
STORM-EZ 2/2/2022
Version 1.4 O&M Manual Page 2 of 3

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Permeable Pavement Maintenance Requirements
At all times, the pavement shall be kept free of: $ W f t 7 D 72
Debris and particulate matter through frequent blowing that removes such debris, particularly during the fall and
spring.
- Piles of soil, sand, mulch, building materials or other materials that could deposit particulates on the pavement.
- Piles of snow and ice.
- Chemicals of all kinds, including deicers.
The permeable pavement will be inspected once a quarter. Records of operation and maintenance will be kept in a known set
location and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element:
Potentialproblem:
How to remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, then plant ground
permeable pavement
erosive gullies
cover and water until established.
A vegetated area drains
Regrade the area so that it drains away from the pavement, then plant
toward the pavement.
ground cover and water until established.
The inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the swale if necessary to smooth it over and provide erosion
swale.
control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or
Remove sediment and replace with clean stone.
covered in sediment (if
applicable).
The surface of the
Trash/debris present
Remove the trash/debris.
permeable pavement
Weeds
Do not pull the weeds (may pull out media as well). Spray them with a
systemic herbicide such as glyphosate and then return within the week
to remove them by hand. (Another option is to pour boiling water on
them or steam them.)
Sediment
Vacuum sweep the pavement.
Rutting, cracking or slumping
Consult an appropriate professional.
or damaged structure
Observation well
Water present more than five
Clean out clogged underdrain pipes. Consult an appropriate
days after a storm event
professional for clogged soil subgrade.
Educational sign
Missing or is damaged.
Replace the sign.
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Department of Environment and Natural
damage have occurred at the
Resources Regional Office.
outlet.
ECEIVE
FEB 2 2 2022
By.-_�
STORM-EZ 2/2/2022
Version 1.4 O&M Manual Page 3 of 3

DEMLR USE ONLY
Date Re5piv d
Fee Paid
Permit Number
i I
n�
:1t 8. 03n �.c..J 6"
1 SWR1 %0'r
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg.nc.gov/contact/regional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until.,
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president;
• Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner;
• Sole proprietor;
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number:
2. Project name: Lewis Road Dry Stack
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
Property has been transferred to an owners association.
11:Z � tj
NOV 0 4 2021
13Y:_
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018

B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
11 1. Both the current and proposed permittees
t� 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
® Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
® The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
® The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
���8 ito�iC
NOV 0 y 202,
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018

C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark 'X" if previously provided. if not
applicable or not available, please mark N/A.:
TGC 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
If 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
'iZf6 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
NIA 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
'f&G 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
l4� 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
M� 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
,I current permittee was lawfully and finally divested of title of the property.
�l a 10. A copy of the lease agreement if the proposed permittee is the lessee.
A71 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
rl X 12. A copy of the development agreement if the proposed permittee is the developer.
2021 i
Stormwaler Permit Transfer Application Form Page 3 of 7 April 27, 2018

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: Hampstead Investment Holdings LLC
2. Signing Official's Name: D. Logan
3. Signing Official's Title: Member Manager
4. Mailing Address: 60 Gregory Road Suite 1
City: Belville State: NC ZIP: 28451
5. Street Address: 60 Gregory Road Suite 1
City: Belville State: NC ZIP: 28451
6. Phone: (_) Email: dlogan(a)logandevelopers.com
I, D. Logan , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
® the most recent permit;
® the designer's certification for each SCM;
® any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® the approved plans and/or approved as -built plans;
® the approved operation and maintenance agreement;
® past maintenance records from the previous permittee (where required);
® a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit.
Signature: Date: O ZZ Z/
a Notary Public for the State of
County of i7Y\hSW.rAL— , do hereby certify
that
this the day of
execution of the forgoing instrument. Witness my hand and official seal,
personally appeared before me
20�, and acknowledge the due
(Notary Seal) Jeanette Phillips
Owl
NOTARY PUBLIC
Brunswick County, NC
Notary Signature: _0.4DZ_,, My lyemmiseidri €%�If�tt Wow17, maMy commission e it s (16 Jr l -1 t Z22
Stormwater Permit Transfer Application Form
NOV 0 4 2021
Page 4 of 7 By'�
April 27, 2018

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csaeq� F,::�IBhz

E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner (Also complete Part F.)
® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
® HOA I POA / UOA name: Sloop Point Marina Owners Association Inc.
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: D. Logan
b. Signing Official's Title: Director
c. Mailing Address: 60 Gregory Road Suite 1
City: Belville State: NC ZIP: 28451
d. Street Address: 60 Gregory Road Suite 1
City: Belville State: NC ZIP: 28451
e. Phone: (_)
dlooan(ailloaandevelopers.com
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name:
c. Mailing Address:
d. City:
e. Phone: (_) _
Title:
ZIP:
Qd a4i
NOV 0 4 2021
BY.._
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERMITTEE CERTIFICATION
I, 1 Loti fj-/r , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a 'plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; and I will (construct), operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.
c-7
Signature4�Date: A7,
I, _W�YVAL T f 1 1yWs a Notary Public for the State of "Q(/V W 1
County of)yj(, do hereby certify that D IT\ ` nPa n
personally appeared before me this the 29 day of (� (4t) , 20-!34, and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
My commission
Jeanette Phillips
NOTARY PUBLIC
Brunswick County, NC
My Commission Expires October 17, 2023
�OV 0 4 2021
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City:
Phone: (_) Email:
ZIP :
I, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires_
Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the day of
20 , and acknowledge the due execution of the forgoing instrument. Witness
Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018

State Stormwater Management
Permit No SW8 170721
Attachment A
Lewis Rd. Dry Stack
Stormwaler Permit No. SW8 170721
Pender County
Designer's Certification
I. V � s � as a duly registered ?AOF• 6V.407N6Vt,
in the Slate of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the project, -�
Lck//s DRY 9ii
for HM11!%XA-D kAViF, IWT5 9"Ol 5 (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
vvr: ,Arta. t4tol5M&Jr WA-S ?Ak.6Q WtrH (JWV?4)v5 c&hkA •flE E6iL(pr Bo*T L#4V 4
40 A+'y pc4uM11FO Cor`J444M CA- *SPNhAT WA$ ?M.6i
W M# 7*IL0a%9 c.wAe?e A5 5pcefFlGV .$ POitml-Ra, o,-ep'r &A-T (-+WN-Ai r4f°f°"l.
Signature \���1 :•'SSRO��Q''�'�
0 y 9
Registrati n Number O 4 SEAL
034354 —
Date
%�F'•.GINE.•C6
BRANC�\����
cc: NCDEQ-DEMLR Regional Office
Pander County Planning Department
��
NOV 0 q 1021
BY.•
Page 1 of 2

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State Stormwater Management
Permit No. SW8 170721
General Certification Requirements.
P651 The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built-
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system
4. All slopes are grassed with permanent vegetation
5. Vegetated slopes are no steeper than 3.1.
The inlets are located per the approved plans and do not cause short-circuiting of the
T— system.
1041 7. The permitted amounts of surface area and/or volume have been provided.
7— All required design depths are provided.
S 9. All required parts of the system are provided.
�10. The required dimensions of the system are provided, per the approved plan.
QOS 11. All components of the stormwater control measure are located in either recorded
�— common areas; or recorded easements.
12. The design storm draws down within 72 hours.
c� 13 The #57 stone areas have a minimum of 4" of washed stone laid over a geotextile
J fabric.
i 14. The permeable pavement surface has demonstrated a minimum infiltration rate of 50
TGGGG inches per hour using a head less than or equal to four (4) inches.
/I!5.15. The washwater associated with the boatwash area does not drain onto the permeable
pavement.
16. A capped observation well has been provided at the low point in each permeable
pavement system.
Page 2 of 2

III IIIIIIIIIII0IIIIIIIIIIIIIIIIII
Doe No: 20089863
Recorded: 09/07/2021 03:1 t03 PM
Fee Amt: $134.00 Page 1 of 42
Pander County North Carolina
Sharon Lear Willoughby, Register of Deeds
BK 4764 PG 393 - 434 (42)
NOV 0 4 2021
,.repared by and after recording return to: Lee Kaess, PLLC
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR
SLOOP POINT MARINA OWNERS ASSOCIATION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR SLOOP POINT MARINA OWNERS ASSOCIATION (this "Declaration"), is made on
this Z day of , 2021, hereinafter set forth by SLOOP POINT MARINA OWNERS
ASSOCIATION, INC., a North Carolina nonprofit corporation (hereinafter referred to as the
"Comoration"). Sloop Point Ventures, Inc., a North Carolina corporation (hereinafter referred
to as the "Charter Member"), also joins herein to evidence its consent to the covenants and
conditions contained herein and to acknowledge the rights granted to it herein.
WITNESSETH:
WHEREAS, the Corporation is the owner of that certain real and personal property in
Bellville Township, County of Pender, State of North Carolina, being more particularly described
on Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, the Corporation desires to impose upon said property certain restrictive and
protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set
forth.
NOW, THEREFORE, the Corporation hereby declares that all of the real property
described on Exhibit A, together with any riparian rights, and together with any real property
subsequently annexed into this Declaration pursuant to the terms hereof (collectively, the
"Pro ert " ), shall be held, sold and conveyed subject to the following easements, restrictions,
covenants and conditions, all of which are for the purpose of enhancing and protecting the value,
desirability and attractiveness of such property. These easements, covenants, restrictions and
conditions shall run with the real property and shall be binding on all parties having or acquiring
any right, title or interest in the described properties or any part thereof, and shall inure to the
benefit of each member of the Corporation. Provided, however, that the Corporation acknowledges
that said real estate is subject to those permitted encumbrances set forth on Exhibit B attached
hereto and incorporated herein by reference (the "Permitted Encumbrances").
ARTICLE I

Sk 4764
Fig 394
DEFINITIONS
Section 1: "Articles" shall mean and refer to the Articles of Incorporation of the
Corporation, as same may be amended from time to time.
Section 2: "Board" or "Board of Directors" shall mean and refer to the Board of
Directors of SLOOP POINT MARINA OWNERS ASSOCIATION, INC., as lawfully constituted
from time to time under the provisions of this Declaration, the Articles and the Bylaws.
Section 3: "Boat Bay License" shall mean a license to store a boat, up to a certain
length, weight, width and height (as described in the applicable Membership Certificate and
herein) in a storage bay (a "Boat Bav') in the Association's dry dock storage facility located on
the Property, Pender County, North Carolina, as more particularly shown on the Plan.
Section 4: "Bvlaws" shall mean and refer to the Bylaws of the Corporation, as same
may be amended from time to time. The initial Bylaws are attached hereto as Exhibit C and
incorporated herein by reference. Amendments to the Bylaws need not be recorded to be effective.
Section 5: "Charter Member" shall mean and refer to Sloop Point Ventures, Inc., or its
successor as the holder of the Charter Memberships.
Section 6: "Charter Membershps" shall mean and refer to the Memberships issued to
and held by the Charter Member as more particularly described in Article III herein. The Charter
Member shall be entitled to transfer the Charter Memberships in accordance with the terms and
conditions hereof, whereupon each such transferred Charter Membership shall be converted to a
Class A Membership. Each Charter Membership shall entitle the Charter Member to one Boat
Bay License and the non-exclusive use of the Common Areas, all subject to and in accordance
with the terms and conditions of this Declaration.
Section 7: "Class A Membership" shall mean a Membership which has been
transferred by the Charter Member or has otherwise been converted to a Class A Membership
hereunder. Each Class A Membership shall entitle the Member holding such Membership to one
Boat Bay License and the non-exclusive use of the Common Areas as needed for the use and
enjoyment of such Boat Bay License, all subject to and in accordance with the terms and conditions
of this Declaration. THE CLASS A MEMBERSHIP 1S NOT AN INTEREST IN REAL
PROPERTY.
Section 8: "Common Areas" shall mean those portions of the Facility which are
intended for the general use and enjoyment of Members and their guests.
Section 9: "Corporation" shall mean and refer to SLOOP POINT MARINA OWNERS
ASSOCIATION, INC., a North Carolina nonprofit corporation.
Section 10: "Facili ' shall mean the boat storage facility located on the Property,
including the storage building, all adjacent docks, slips, bulkheads, piers, revetments and related
improvements creating the Boat Bays.
Section 11: "Member" shall mean and refer to a person or entity who or which is a
member of the Corporation as contemplated in this Declaration, the Articles and the Bylaws.
2

Bk 4764
Pg 395
Section 12: "Membership" shall mean a membership in the Corporation, each of which
is and shall be subject to the terms and conditions of this Declaration, the Articles and the Bylaws.
Section 13: "Plan" shall mean that certain Boat Bay layout plan attached hereto as
Exhibit A-2, as it may be amended from time to time hereafter. The Plan also includes the Length,
Height, Width and Weight Specifications for the maximum length, height, width and weight of
boats which can be stored in each Boat Bay (hereinafter, the "Length, Height, Width and Weight
Limitations'). For purposes of die Length, Height, Width and Weight Limitations and Membership
Certificate, the term (i) "Length" shall refer to maximum overall length of the boat measured from
the tip of the bow including any protrusions therefrom, to the stern including any protrusions
therefrom; (ii) "Weight' shall refer to the maximum wet weight of the boat with all the fuel and
other weights and accessories included; (iii) "Height" shall refer to maximum overall height of the
boat, including any t-tops, where boats with t-tops are specifically permitted on the Plan, measured
from the bottom of the hull of the boat including any protrusions therefrom, to the top of helm
including any protrusions therefrom or top of t-tops where permitted; and (iv) "Width" shall refer
to maximum overall width of the beam of the boat measured at the widest point of the boat,
including any protrusions therefrom. The Length, Height, Width and Weight Limitations shall also
include following prohibition: Except for pontoon boats, which are permitted in certain locations,
as shown on the Plan and under certain conditions as described below, no flat bottom boats may
be stored in a Boat Bay. For avoidance of doubt, "flat bottom boats" shall refer to flat bottomed
boats with a shallow draft hull intended to traverse shallow waters and including, but not limited
to the following: barges, canal boats, drift boats, flat bottom skiffs, jon boats, scows and sled boats.
"Pontoon Boats" shall refer to flat bottom boats with two or three floats or tubes located on the
bottom of the boat to ensure buoyancy. Pontoon Boats are permitted to be stored in certain Boat
Bays located on the bottom racks in the Facility where indicated on the Plan, provided under the
following conditions: Members owning Pontoon Boats and Membership Certificates for Boat Bays
allowing Pontoon Boats shall (i) provide their own cradle, the condition and type of which shall
be approved for use by the Association in its sole discretion, for the storage of the Pontoon Boat
and (ii) shall be subject to additional and increased regular assessments in accordance with the
terms and conditions provided herein.
Section 14: "Rules and Regulations" shall mean the rules and regulations promulgated by
the Corporation from time to time hereunder. Rules and Regulations (and changes thereto) need
not be recorded to be effective. A copy of the most current version of the Rules and Regulations
shall be maintained onsite by the Association and made available for Member review during
regular business hours.
ARTICLE 11
DISCLOSURES AND DISCLAIMERS BY CORPORATION
Section 1: STATUS OF FACILITY. To the best of the Corporation's knowledge, all
governmental permits and approvals necessary for the construction, operation and use of the
Facility (including, without limitation, applicable permits issued by agencies of the United States
of America and the State of North Carolina) (collectively, the "Permits") have been issued and are
presently in full force and effect and the Facility is currently located upon or adjacent to navigable
waters. Notwithstanding the foregoing, the Facility exists solely in accordance with and subject to
the terms and conditions'of such Permits. The Corporation holds the Permits for the use and benefit

Bk 4764
Pg 396
of all Members. Each Member, by his, her or its acceptance of a Membership in the Corporation
and/or the use of the Facility, acknowledges these disclosures and agrees to accept his, her or its
Membership subject thereto.
Section 2: CONDITION OF FACILITY. The Corporation hereby discloses that it did
not construct or cause to be constructed some of the improvements comprising the Facility. The
Corporation makes no warranties or representations as to the condition of the Facility or any
portions thereof The Facility and each Boat Bay within the Facility have been specifically
designed to accommodate one boat up to it maximum length, height, width and weight in
accordance with the Length, Height, Width and Weight Limitations attached to the Plan. Each
Member, by his, her or its acceptance of a Membership in the Corporation and/or the use of the
Facility, agrees to accept its Boat Bay License in the Facilities and the Common Areas on an "AS
IS" basis, acknowledging that the Corporation has disclaimed liability for the condition and
suitability of such improvements.
Section 3: SECURITIES ISSUE. Membership in the Corporation is not intended to be,
nor shall the same constitute, a security under any applicable local, state, or federal law or
regulation. Each and every person or entity purchasing or otherwise acquiring any Membership in
whole or in part, by his, her or its receipt or acceptance thereof, acknowledges and agrees that
neither the Corporation nor any other party has made any securities registration or filing
concerning the Corporation or any Memberships, Boat Bay Licenses or other rights under this
Declaration. To the greatest extent permitted by law, each person or entity so purchasing or
otherwise acquiring any Membership or any interest therein thereby waives the rights and/or
requirements related to any such securities registration or filing.
Section 4: CONVENIENCE STORE. The existing convenience store on the Property
is owned by the Corporation. The Corporation reserves the right lease all or a portion of the
convenience store, including the right to sale fuel, to a third party (the "Convenience Store
Tenant") who may manage and operate the convenience store for profit and may, subject to the
limitations below, he open to the general public for the sale of goods. Notwithstanding the
foregoing, the sale of fuel and/or any permitted repairs, as described in the Rules and Regulations,
undertaken by the Convenience Store Tenant shall be exclusive to the Members and their tenants
and/or guests only, and shall not be made available to the public. The convenience store may be
reserved for use as a sales office for the Charter Member.
ARTICLE III
MEMBERS AND RIGHTS OF MEMBERSHIP
Section l: CLASSES OF MEMBERSHIP. There shall be two (2) classes of
Membership in the Corporation: "Charter" and "Class A". The various rights and characteristics
of said classes of Membership shall be as set forth below in this Article III.
Section 2: CHARTER MEMBERSHIPS. In consideration of and payment for the
conveyance of the Property by the Charter Member to the Corporation, the Corporation has issued
to the Charter Member a total of two hundred twenty-four (224) Charter Membership certificates
(i.e., one Boat Bay License for each Boat Bay currently located in the Facility).
4

Bk 4764
Pg 397
(a) The Charter Member shall be entitled to transfer any Charter Membership (and the
corresponding license to use the Boat Bay License to which such Charter Membership applies) in
the sole discretion of the Charter Member and without the need of any application to, approval of
or joinder of any other party. Upon transfer of any such Charter Membership by the Charter
Member to another person, partnership, corporation, or other entity, the Membership appurtenant
to the Boat Bay License corresponding to such Membership shall immediately cease to be a
Charter Membership and shall automatically convert to a Class A Membership.
(b) Until such time as a Charter Membership is transferred to another person,
partnership, corporation, or other entity, the Charter Member shall have the exclusive right, subject
to the provisions hereof and the Bylaws and Rules and Regulations, to occupy, possess and
lawfully use the Boat Bay License identified on such Charter Membership certificate. The Charter
Member shall also have those common area rights and voting rights more particularly set forth in
this Declaration.
(c) In the event any additional rack space is developed on the Property and/or any
additional property is annexed into the Property and subjected to this Declaration as contemplated
in Article 1X, Section 4 herein, the Corporation shall immediately issue to the Charter Member
one (1) Charter Membership certificate for each new or additional Boat Bay created or constructed.
The terms and conditions applicable to the initial Charter Memberships hereunder shall be fully
applicable to all such new Charter Memberships, and the Charter Member shall have all rights
relative to such new Charter Memberships as if said Charter Memberships had existed as of the
date of this Declaration.
(d) Any Charter Membership which has not been transferred and converted to a Class
A Membership by the date that is twenty (20) years after the initial issuance of such Charter
Membership shall automatically be converted to a Class A Membership on such date.
(e) Notwithstanding the foregoing, the Charter Member reserves the right to transfer,
sell, convey and/or assign all or any portion of its rights as Charter Member with respect to all or
any portion of the Charter Memberships held by Charter Member. Any such instrument of transfer
or assignment shall (i) expressly set forth and describe the Charter Member interest and/or Charter
Membership transferred or assigned thereunder by Charter Member, (ii) contain a statement that
Charter Member intends to transfer the applicable Membership as a Charter Membership, rather
than as a Class A Membership, and (iii) set forth the acknowledgment and agreement of the
assumption of such Charter Member rights and obligations by the assignee/transferee.
Section 3: CLASS A MEMBERSHIP. A Class A Membership shall be a Membership
entitling the Member to the Boat Bay License identified on the Membership certificate evidencing
such Membership. Each Class A Member shall have the exclusive right, subject to the provisions
of this Declaration, the Bylaws and the Rules and Regulations, to occupy, possess and lawfully
use the Boat Bay appurtenant to such Class A Membership. Each Class A Member shall also have
those common area rights and voting rights set forth below in this Declaration.
Section 4: COMMON AREA RIGHTS. Each Member shall have a non-exclusive right
and license of enjoyment in and to the Common Areas, subject to the terms and conditions of this
Declaration, the Bylaws, the Rules and Regulations and the Permitted Encumbrances. Such rights
shall also be subject to the rights and powers of the Corporation, including, without limitation, the
right:

Bk 4764
Pg 398
(a) To limit the number of guests of Members;
(b) To limit the number of individuals who are entitled to exercise the membership
rights of any Membership;
(c) To borrow money for the purpose of improving the Property, the Common Areas
and the Facility in accordance with the Articles and the Bylaws;
(d) To suspend all rights of any Member for any period during which an assessment
against such Member remains unpaid or, for a period not to exceed thirty (30) days,
for an infraction of its published Rules and Regulations; and
(e) To dedicate or transfer all or any part of the Common Areas to any public agency,
authority or utility for such purpose, subject to such conditions as may be agreed to
by the Members in accordance with applicable law. No such dedication or transfer
shall be effective unless it is approved by Members holding at least two-thirds (2/3)
of the total votes allocated to the Members and it complies with all applicable
provisions of the Bylaws and Rules and Regulations.
Section 5: VOTING RIGHTS. Each Class A Member shall have one (1) vote for each
Class A Meniberslrip owned by such Member. The Charter Member shall have three (3) votes for
each Charter Membership it holds.
Section 6: TRANSFER OF MEMBERSHIP.
(a) The Charter Memberships may be transferred, assigned, pledged, or leased by the
Charter Member without limitation and without the requirement of any approval.
(b) No Class A Membership or any interest therein shall be transferred, sold, conveyed,
assigned, pledged or leased without the prior approval of the Board following such procedure as
may be prescribed in the Bylaws or the Rules and Regulations.
(c) Transfer of a Membership in the Corporation shall be accomplished by the use of
the Transfer of Membership form attached hereto as Exhibit D and incorporated herein by
reference. Whether the Corporation shall permit, approve or utilize any other form of assignment,
deed, bill of sale or other indicia of transfer of a Membership or Boat Bay License shall be in the
sole discretion of the Board. Changes to any transfer form need not be recorded to be effective.
(d) Approval of a transfer of a Membership to a Class A Member shall be evidenced
by the Corporation's issuance of a certificate in the form of Exhibit E attached hereto and
incorporated herein by reference; provided, however, the Board shall have the discretion to amend
such certificate and adopt and use other indicia of membership as it deems appropriate from time
to time. Changes to any transfer approval form need not be recorded to be effective.
Section 7: RIGHTS OF CHARTER MEMBER PROTECTED.
(a) All of the rights and benefits accruing to the Charter Member hereunder, as well as
any and all easements, benefits, terms, conditions and provisions applicable to the Charter
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Memberships as set forth in this Declaration are hereby fully guaranteed, assured, and protected
for the Charter Member. Notwithstanding anything herein to the contrary, no amendment of or
modification to this Declaration, the Articles, the Bylaws or the Rules and Regulations shall be
binding upon or applicable to the Charter Member or any Charter Membership unless such
amendment or modification shall have been specifically consented to in writing by the Charter
Member.
(b) Any or all of the rights reserved or granted to the Charter Member under this
Declaration or the Bylaws may be transferred by the Charter Member in whole or in part to other
persons; provided, however, the transfer shall not reduce an obligation nor enlarge a right beyond
that which the Charter Member has under this Declaration or the Bylaws. No such transfer or
assignment shall be effective unless it is in a written instrument signed and recorded by the Charter
Member. Following any such transfer of the Charter Member's rights, the Charter Member in no
way shall be liable or responsible to any party with regard to any such right, interest, or liability
or any claim or claims arising out of same in any manner.
ARTICLE IV
COVENANT FOR ASSESSMENTS
Section 1: PERSONAL OBLIGATION OF ASSESSMENTS. Each Class A Member, by
acceptance of a certificate of a Class A Membership hereunder, agrees to pay to the Corporation:
(1) regular assessments, (2) special assessments, (3) assessments for violations of this Declaration,
the Articles, the Bylaws or the Rules and Regulations, (4) working capital assessments and (5)
assessments for repairs or damage, such assessments to be fixed, established and collected from
time to time as hereinafter provided. All such assessments, together with such interest thereon and
costs of collection thereof, as hereinafter provided, shall be a charge and continuing lien upon the
Class A Membership against which such assessment is made as provided in Sections 91 10 and 11
of this Article IV. Each such assessment, together with such interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person or entity who was the owner of
the assessed Class A Membership at the time such assessment fell due. The obligation for
delinquent assessments shall pass to such Member's successor in title unless expressly waived by
the Corporation. The Member's personal obligation for payment of delinquent assessment shall
survive any transfer of Membership unless released by the Corporation.
Section 2: PURPOSE OF ASSESSMENTS. The assessments levied by the
Corporation shall be used exclusively for the purpose of (1) promoting the recreation, health, safety
and welfare of the Members and their property; (2) the enforcement of this Declaration and the
Rules and Regulations promulgated hereunder; (3) for the acquisition, purchase, lease,
improvement, repair, maintenance and preservation of the Facility and any other lands, piers,
docks, pilings, properties, services and/or dock/storage facilities owned or operated by the
Corporation for the benefit of the Members (including, without limitation, any necessary
maintenance dredging related to the use and enjoyment of such properties); and (4) payment of
utility fees and expenses or government expenses, fees, taxes or other obligations.
Section 3: DETERMINATION OF REGULAR ASSESSMENTS.
(a) The Board shall determine the,amount of regular assessments against the Class A
Members as specified in the Bylaws. Regular assessments against the Class A Members shall be

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determined, imposed, levied and collected by the Board. Members owning Pontoon Boats and
Membership Certificates for Boat Bays allowing Pontoon Boats, shall pay an additional $25.00 in
regular assessment beyond the amount determined by Board from time to time.
(b) The Board is specifically empowered to make and collect regular assessments on
behalf of the Corporation and to replace, maintain, repair, protect and preserve the Facility and all
other property of the Corporation (including, without limitation, the bulkheads, docks, piers, Boat
Bays, pilings, storage boxes and other dock facilities owned or Operated by the Corporation).
(c) Assessments shall be payable periodically as determined by the Board, but no more
frequently than monthly.
Section 4: SPECIAL AND WORKING CAPITAL ASSESSMENTS.
(a) In addition to the regular assessments authorized above, the Board may levy against
the Class A Members, in any fiscal year, a special assessment or assessments applicable to that
year only, for the purposes of (i) defraying, in whole or in part, the cost of any construction or
reconstruction, unexpected repair, replacement, protection or preservation of the Facility or other
capital improvements upon any of the Common Areas (including, without limitation, any fixtures
and/or personal property located thereon or used in connection therewith), (ii) defraying in whole
or in part the cost of any dredging and/or (iii) defraying the expenses of operation, maintenance or
renovation of the Facility not adequately funded by regular assessments.
(b) Except as specified herein, all special assessments shall be determined, imposed,
levied and collected in the manner prescribed in the Bylaws; provided, however, if such special
assessment exceeds fifty percent (50%) of the then current annual amount of regular assessment
per Membership in any fiscal year, such assessment must have been approved by the votes of Class
A Members holding a majority of the total Class A Membership votes then outstanding at a
meeting duly constituted for such purpose (written notice of which meeting setting forth the time,
date, place and purpose of the meeting shall have been sent to all Members not less than ten (10)
days nor more than sixty (60) days in advance of the meeting).
(c) At the time date of conversion of such Membership from a Charter Membership to
a Class A Membership as evidenced by the transfer by the Charter Member to Class A Member
and at the time of each subsequent transfer of a Membership by Class A Member, the Class A
Member, as a purchaser or transferee, shall pay a contribution in an amount equal to three months
of the then -current monthly assessment to the Association as working capital to be used for
operating and capital expenses of the Association including but not limited to allocations to
reserves for maintenance and replacement of capital improvements and the maintenance of
Common Areas, including (i) defraying, in whole or in part, the cost of any construction or
reconstruction, unexpected repair, replacement, protection or preservation of the Facility or other
capital improvements upon any of the Coumnon Areas (including, without limitation, any fixtures
and/or personal property located thereon or used in connection therewith), (ii) defraying in whole
or in part the cost of any dredging and/or (iii) defraying the expenses of operation, maintenance or
renovation of the Facility not adequately funded by regular assessments. Such amounts paid for
working capital are not to be considered as advance payment of the regular assessments or any
other assessments.

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Section 5: HEARINGS• SUSPENSIONS: FINES FOR VIOLATIONS. For the
violation by a Member or a Member's tenant, if tenants are allowed, or guest of any of the Rules
and Regulations, or the breach of any provision of this Declaration or the Bylaws, the Board shall
have the power and authority to impose a fine against any Member or suspend some or all of the
privileges of such Member In accordance therewith, any hearing shall be held before the Board or
an adjudicatory panel appointed by the Board to determine if any Member should be fined or if
privileges or services should be suspended pursuant to the powers granted to the Corporation. Any
adjudicatory panel appointed by the Board shall be composed of Members of the Corporation who
are not officers of the Corporation or members of the Board. The Member charged shall be given
notice of the charge, opportunity to be heard and to present evidence, and notice of the decision.
If it is decided that a fine should be imposed, a fine not to exceed one hundred dollars ($100.00)
(or such greater amount as may later be permitted by applicable law) may be imposed for the
violation and without further hearing, for each day more than five days after the decision that the
violation occurs. To the greatest extent permitted by applicable law, such fines shall be
assessments secured by liens. If it is decided that a suspension privileges or services should be
imposed, the suspension may be continued without further hearing until the violation or
delinquency is cured. The Member may appeal the decision of an adjudicatory panel to the Rill
Board by delivering written notice of appeal to the Board within 15 days after the date of the
decision. The Board may affirm, vacate, or modify the prior decision of the adjudicatory body.
Section 6: DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE
DATES. The full regular assessments provided for herein shall commence with respect to each
Membership hereunder on the date of conversion of such Membership from a Charter Membership
to a Class A Membership, with any partial month to be prorated based on the actual number of
days in the applicable month for which the Class A Membership is held by the applicable Class A
Member. The Board of Directors shall fix the amount of the regular assessment against each Class
A Membership at least thirty (30) days in advance of each fiscal year. Written notice of the regular
assessment shall be sent to the Class A Members. The due dates shall be established by the Board
of Directors. The Corporation shall, upon demand at any reasonable time, furnish a certificate in
writing signed by an officer of the Corporation setting forth whether the assessments against a
specified Membership have been paid. A reasonable charge may be made by the Board for issuance
of these certificates. Such certificate shall be conclusive evidence of payment of any assessment
therein stated to have been paid.
Section 7: ASSESSMENTS FOR REPAIRS OF DAMAGE CAUSED BY FAULT. If
a Class A Member or his tenant, assignee, licensee or guest damages or destroys by his or her fault,
as determined by the Board, any portion of the Facility or any other property of the Corporation
(including, without limitation, the bulkheads, piers, docks, Boat Bays, storage boxes and other
improvements constituting the Facility), the Corporation shall repair the damage or replace the
destroyed property as soon as practicable and shall levy an individual assessment upon the
owner(s) of the Class A Membership for the full cost of such repair or replacement.
Section 8: EFFECT OF NONPAYMENT OF ASSESSMENTS. REMEDIES OF THE
CORPORATION. If all or any portion of an assessment is not paid within thirty (30) days after
the due date, the same shall become a lien on such Membership and may be subject to late fees (as
determined by the Board) and/or bear interest from the date of delinquency at the rate of eighteen
percent (18%) per annum (or such lesser maximum rate as may be permitted by applicable law),
in each such instance, to the extent permitted by applicable law. No Member may waive or

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otherwise escape liability for the assessments provided for herein by non-use or abandonment of
his Membership.
Section 9. CREATION OF LIEN AND/OR SECURITY INTEREST. Recognizing
that proper management of the Facility requires the continuing payment of costs and expenses
therefor by the Class A Members, that proper operation and maintenance of the Facility results in
benefits to all of the Members, and that the payment of the common expenses represented by the
assessments levied and collected by the Board is necessary in order to preserve and protect the
property of the Members, the Corporation is hereby granted a lien and security interest, in each
instance, to the greatest extent permitted by applicable law, upon each Class A Membership, which
lien and security interest shalt secure and does secure the monies due for all assessments now or
hereafter levied against the owner of such Membership which lien and security interest shall also
secure interest, if any, which may be due on the amount of any delinquent assessments owing to
the Corporation, and which lien and security interest shall also secure all costs and expenses
(including, without limitation, reasonable attorney's fees) which may be incurred by the
Corporation in securing the payment of such assessment or enforcing this lien and security interest
upon the Membership. The lien and security interest granted to the Corporation may be foreclosed
in any manner permitted by applicable law, and in any suit for the foreclosure of that lien or
security interest, the Corporation shall be entitled to the appointment of a receiver for that
Membership. The lien and security interest granted to the Corporation shall further secure such
advances for taxes and payments on account of superior liens, security interests, or encumbrances
which may be required to be advanced by the Corporation in order to preserve and protect its lien
and security interest, and the Corporation shall further be entitled to interest at the rate prescribed
above on any such advances made for such purpose. All persons, firms, or corporations who shall
acquire, by whatever means, any interest in the ownership of any Membership, or who may be
given or acquire a security interest, lien, or other encumbrance thereon, are hereby placed on notice
of the lien and security interest rights granted to the Corporation, and shall acquire such interest in
any Membership expressly subject to such lien and security interest rights.
Section 10: LIEN AND SECURITY INTEREST NOT EXCLUSIVE REMEDY.
Whenever any Membership may be licensed, sold, assigned or pledged by the owner thereof, the
Corporation, upon written request of the transferring Member, shall furnish to the proposed
licensee, purchaser or pledgee, a statement verifying the status of payment of any assessment
which shall be due and payable to the Corporation in connection with such Membership. Such
statement shall be signed by any officer of the Corporation, and any licensee, purchaser, or pledgee
may rely upon such statement in concluding the proposed license, purchase, or pledge/security
interest transaction. In any voluntary conveyance of a Membership, the purchaser thereof shall be
jointly and severally liable with the seller or transferor for all unpaid obligations against such seller
or transferor made prior to the time of such voluntary conveyance, without prejudice to the rights
of the purchaser to recover from seller or transferor the amounts paid by purchaser therefor.
Institution of a suit at law to attempt to effect collection of the payment of any delinquent
assessment, attorney's fees, interest and costs shall not be deemed to be an election by the
Corporation which prevents the Corporation from thereafter seeking, by foreclosure or similar
action, enforcement of the collection of any sums remaining owing to it, nor shall any proceeding
by foreclosure or similar to attempt such collection be deemed to be an election precluding the
institution of a suit at law to collect any sums then remaining owing to the Corporation.
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Section 11: CHARTER MEMBER'S OBLIGATION FOR ASSESSMENTS.
Notwithstanding anything to the contrary herein, the Charter Member shall not be liable for regular
assessments or special Assessments on any Memberships it owns during any period for which the
Charter Member elects to fund the shortfall, if any, under the Corporation's general operating
budget, such shortfall to be calculated as the amount by which the sum of general operating
expenses incurred by the Corporation plus budgeted contributions to reserves exceeds the general
assessments and special assessments receivable from other Owners plus other income of the
Corporation, exclusive of cash advances by the Charter Member ("Excess Operating Expenses").
To the extent that the Excess Operating Expenses funded by the Charter Member pursuant to this
Section exceed the assessments that would otherwise be payable by the Charter Member on
Memberships which it owns, the Charter Member may treat such excess as a loan to be repaid by
the Corporation out of any cash surplus in the current or future fiscal years or as an advance against
future assessments levied on Memberships owned by the Charter Member during any period for
which the Charter Member elects to pay assessments in lieu of funding shortfalls. The Charter
Member shall be deemed to have elected to fund shortfalls unless and until it otherwise advises
the Corporation in writing and may change such election, to be effective prospectively or
retroactively, at any time. Regardless of the Charter Member's election under this subsection, any
of the Charter Member's financial obligations to the Corporation may be satisfied in the form of
cash, by "in kind" contributions of services or materials, or by a combination of these.
ARTICLE V
MAINTENANCE
The Corporation shall keep the Facility and all of its properties (including, without
limitation, the bulkheads, revetments, docks, piers, pilings, storage boxes, dock facilities and
parking areas) in good repair and condition and shall arrange for such maintenance dredging of the
submerged portions of the Property which the Board reasonably deems necessary or appropriate
from time to time, to the extent permitted by govenumental authorities. The cost of such
maintenance shall be added to and become a part of the total annual assessment for which all
Memberships (excluding the Charter Membership) are liable as specified herein and in the Bylaws.
ARTICLE VI
ARCHITECTURAL CONTROL
No stricture, building or other improvement shall be commenced, erected, or maintained
upon the Property, nor shall any addition to or change or alteration be made to any portion of the
Property or the Facility, including change of color, unless the plans and specifications showing the
nature, kind, shape, heights, materials, and location of the same shall have been submitted to and
approved in writing by the Board of Directors.
ARTICLE V II
USE RESTRICTIONS
Section 1: RULES AND REGULATIONS. Subject to the provisions of the Articles
and this Declaration, the Board of Directors shall have the power to formulate, publish, enforce
and amend the Rules and Regulations concerning the use and enjoyment of the Facility or any
other property of the Corporation (including, without limitation, Boat Bays, boat lifts, docks,
storage boxes, dock facilities, piers and pilings, and parking lot and areas). Such Rules and
Regulations, along with all policy resolutions and policy actions taken by the Board of Directors,
11

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shall be recorded in a minute book or book of resolutions which shall be maintained at a place
convenient to the Members and available to them for inspection on reasonable terms during normal
business hours. Rules and Regulations can be replaced, revised and/or amended without
recordation.
Section 2: QUIET ENJOYMENT. No obnoxious or offensive activity shall be carried
on, in or upon the Property or the Facility, nor shall anything be done which may be or may become
a public or private nuisance as determined by the law of North Carolina.
Section 3: COMMERCIAL USAGE. It is the intention of the Corporation and its
Members that the Facility shall be used primarily for recreational boating purposes. Accordingly,
no Class A Membership or related Boat Bay License shall be used for commercial purposes, nor
shall any boat or vessel moored or stored at the Facility be used for commercial purposes, unless
such commercial usage or purpose shall have been approved in advance by the Board as
compatible with individual recreational use and governmental requirements and restrictions.
Notwithstanding the foregoing, in no event shall the foregoing limitations be deemed to limit
or preclude the right of the Charter Member to lease any right to use a Boat Bay License to
any end -user, whether such right arises under a Charter Membership or Class A
Membership held by the Charter Member.
Section 4: LIVE ABOARD. Staying overnight on a vessel at the Facility is prohibited.
Section 5: LENGTH, HEIGHT, WIDTH AND WEIGHT LIMITATIONS. No boat or
vessel shall be permitted to be stored in, on or upon any Boat Bay or the Facility, in excess of the
Length, Height, Width and Weight Limitations.
ARTICLE VIII
EASEMENTS
Section 1: GENERAL. The Property and the Facility (including, without limitation,
the Boat Bays, boat lifts, docks, dock facilities, piers, pilings and parking areas owned or operated
by the Corporation) shall be subject to such easements for driveways, walkways, parking areas,
water lines, sanitary sewers, storm drainage facilities, footings, air conditioning compressors, gas
lines, telephone, cable and electric power lines and other public utilities as are of record in the
Pender County Registry, prior to the recording of this Declaration (including, without limitation,
the Permitted Encumbrances). Additionally, the Corporation shall have the power and authority to
grant and establish upon, over and under and across the Property such further easements as are
appropriate for the convenient maintenance, repair, use, enjoyment and expansion of the Facility.
Section 2: EASEMENTS IN FAVOR OF THE CHARTER MEMBER. The Charter
Member shall have the right to impose easements over the Property as and to the extent necessary
for the development of neighboring or adjacent properties owned by the Charter Member and for
its affiliates (including, without limitation, easements for electric, telephone, water, sewer, cable
television and fiber optic lines and facilities); provided, however, the Charter Member shall use
commercially reasonable efforts to locate such easements so as to minimize any material, adverse
interference with the use and enjoyment of the Facility and the Boat Bays by the other Members.
Section 3: SERVICE EASEMENTS. The Corporation shall have the right and
easement to enter upon the Facility, the Common Areas, the Boat Bays and any other portions of
12

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the Property for the purpose of providing services which the Board determines to provide from
time to time.
Section 4: POWER. The Corporation reserves the right to subject the Property to a
contract with an applicable utility provider for the installation of underground electric cables, street
lighting and/or other electrical facilities or lighting for the Facility, any of which may require an
initial payment and/or continuing monthly payment to such service provider by the Corporation.
Section 5: EMERGENCIES. All portions of the Property shall be subject to an
easement for entry by the Corporation for the purpose of correcting, repairing or alleviating any
emergency condition which arises upon the Facility which endangers any portion of the Facility,
the Common Areas or the property of the Members. The Corporation shall have the right, but not
the obligation, to enter upon any portion of the Facility (including, without limitation, any Boat
Bays) for emergency, security, and safety reasons, to perform maintenance pursuant to the
provisions of this Declaration, and to inspect for the purpose of ensuring compliance with this
Declaration, the Bylaws, and the Rules and Regulations, which right may be exercised by any
member of the Board, any officers, agents or employees of the Corporation, and all policemen,
firemen, ambulance personnel, and similar emergency personnel in the performance of their duties.
This right of entry shall include the right of the Corporation to enter upon any portion of the
Property to cure any fire or other hazard in the event a Member fails or refuses to cure the condition
within a reasonable time after request by the Board.
ARTICLE IX
GENERAL PROVISIONS
Section 1: ENFORCEMENT. The Corporation shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by or under the provisions of this Declaration. Failure of the
Corporation to enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
Section2: SEVERABILITY. In validation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provision, which shall
remain in ftill force and effect. In the event of any conflict between the provisions of this
Declaration and the provisions of the Bylaws and/or the Rules and Regulations issued pursuant
hereto, the provisions of this Declaration shall control.
Section 3. AMENDMENT. The covenants, conditions and restrictions of this
Declaration shall run with and bind all of the Property insofar as the law permits and shall inure to
the benefit of and he enforceable by the Corporation, subject to this Declaration, its successors and
assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time
such covenants shall be automatically extended for successive periods of ten (10) years each unless
both the Charter Member, if any, and Class A Members holding at least eighty percent (80%) of
the votes allocated to the Class A Members agree in writing to terminate this Declaration. The
covenants, conditions and restrictions of this Declaration may be amended at any time prior to
December 31, 2025, by the Charter Member, provided the Charter Member retains ownership of
Charter Membership. After the December 31, 2025, any amendment shall require the affirmative
vote of not less than two thirds (2/3) of the votes allocated to the Members cast at a meeting duly
called for such purpose at which a quorum is present in person or by proxy. Notwithstanding the
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foregoing to the contrary, no amendment of this Declaration is hereby authorized, and no such
amendment shall be valid or enforceable, which in any way alters, modifies, amends, or in any
fashion affects or diminishes the rights, easements, benefits, terms, conditions, and provisions of
any Charter Membership and/or any rights of the Charter Member as set forth in this Declaration
or the Bylaws, unless such amendment shall have been consented to in writing by the Charter
Member or materially alters or changes any Class A Members right to use and enjoy such Class
A Member's Boat Bay License. Once the President and Secretary affirm that an amendment has
been adopted by a vote of the Membership, the President and Secretary shall certify the amendment
and record the Amendment in the Pender County Registry. The following form of certification is
suggested:
"CERTIFICATION OF VALIDITY OF AMENDMENT TO COVENANTS,
CONDITIONS, AND RESTRICTIONS OF SLOOP POINT MARINA
OWNERS ASSOCIATION, INC."
By authority of its Board of Directors, SLOOP POINT MARINA OWNERS
ASSOCIATION, INC. certifies that the foregoing instrument has been duly
authorized and approved by percent (_ %) of the Members of
SLOOP POINT MARINA OWNERS ASSOCIATION, INC. and is, therefore,
a valid amendment to the existing covenants, conditions and restrictions of
SLOOP POINT MARINA OWNERS ASSOCIATION, INC.
SLOOP POINT MARINA OWNERS ASSOCIATION, INC.
BY:
President
ATTEST:
Secretary
All amendments shall be effective from the date of recording in the Pender County
Registry. When any instrument purporting to amend the covenants, conditions and restrictions has
been certified by the Board of Directors, recorded and indexed as provided in this Section, it shall
be conclusively presumed that such instrument constitutes a valid amendment as to all persons
then or thereafter owning any Memberships in SLOOP POINT MARINA OWNERS
ASSOCIATION, INC., subject to the provisions of Section 3 of this Article IX regarding Charter
Memberships.
Section 4: ANNEXATION.
(a) So long as the Charter Membership(s) is or are in effect, the Charter Member shall
have the right to annex and subject to this Declaration any real property which is located adjacent
to and contiguous with any portion of the Property in order to bring such additional property within
the jurisdiction of the Corporation. Such annexation shall not require the consent of any party other
than the Charter Member and the owner of such property, if other than the Charter Member.
Nothing in this Declaration shall be construed to require the Charter Member or any successor to
annex or develop any such additional property in any manner whatsoever. An annexation by the
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Charter Member under this Section 4(a) shall be accomplished by filing a Supplemental
Declaration.
ARTICLE X
APPROVAL OF SALE OR TRANSFER OF MEMBERSHIP: RIGHT OF FIRST REFUSAL
Section 1: RIGHT OF FIRST REFUSAL. In the event that any Member (other than
the Charter Member) desires to sell or transfer his Membership, then he shall first seek the approval
of the Corporation for such sale or transfer and shall be required to first offer the Membership for
sale to the Corporation at the same price and on the same terms and conditions applicable to the
Member's proposed Sale or transfer (subject, however, to the provisions of Section 2 of this Article
X). The transferring Member shall give the Corporation written notice of his desire to sell or
transfer his Membership by registered mail, return receipt requested, which notice shall include (i)
the name and address of the proposed purchaser or transferee, (ii) the amount and all material terms
of the offer or sale, and (iii) such other information as the Corporation may reasonably require.
The Corporation shall have thirty (30) days after receipt of that notice to either approve such
request or exercise its right of first refusal to purchase the Membership on the terms and conditions
Specified in the notice. Should the Board fail or refuse within thirty (30) days after the receipt of
the written notice to exercise its right of first refusal, such failure shall be deemed to be a rejection
of the offer and an approval of the proposed sale or transfer to the purchaser or transferee described
in the notice. Any transfer or sale of any Membership by any Member to a person or other entity
shall be subject to all the terms, covenants, limitations and provisions of this Declaration, the
Bylaws, the Rules and Regulations and the Articles. Notwithstanding the foregoing, the
Corporation's right of first refusal described in this Section I shall not be applicable to foreclosure
proceedings by a commercial bank or thrift institution which is the holder of a lien or pledge of
any Membership certificate(s).
Section 2: LEASES. No Class A Member shall lease or license his Membership rights
and/or assigned Boat Bay License without express prior written approval of the Corporation
(which shall not be unreasonably withheld, conditioned or delayed). The Board of Directors shall
adopt procedures for the application for and approval of leases and use of any Membership (other
than a Charter Membership) by any person or entity other than the Member, and all Memberships
(other than the Charter Memberships) shall be subject and subordinate to such procedures. In no
event, however, shall the limitations be deemed to limit or preclude the right of the Charter
Member to lease any Boat Bay License/Membership owned by the Charter Member to any
end -user, without the requirement of prior consent, whether such right arises under a
Charter Membership or Class A Membership held by such Charter Member.,
Section 5: TRANSFER VOIDABLE. Any sale, transfer, conveyance or lease of any
Class A Membership and/or Boat Bay License without complying with the provisions of this
Article X shall be voidable at the election of the Corporation.
Section 6: BINDING NATURE: ENDORSEMENT OF MEMBERSHIP
CERTIFICATES. The provisions of this Article X shall be binding upon and inure to the benefit
of all the Members of the Corporation, their respective heirs, administrators, successors and
assigns. Accordingly, and as further evidence of the binding nature of these provisions, each
certificate of Membership shall be endorsed as follows:
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"Any sale, transfer, pledge or lease of this certificate must be made
in compliance with the provisions of the Declaration of Covenants,
Conditions and Restrictions for SLOOP POINT MARINA
OWNERS ASSOCIATION and the Bylaws of SLOOP POINT
MARINA OWNERS ASSOCIATION, INC."
ARTICLE XI
INSURANCE
Section 1: The Board, on behalf of the Corporation shall at all times (i) keep the
Facility insured against loss or damage by fire or other hazards normally insured against and other
such risks as the Board determines necessary or appropriate and (ii) maintain such public liability
insurance relative to the Facility (including, without limitation, the Boat Bays and Common Areas)
as the Board from time to time determines necessary or appropriate. Such insurance shall be
maintained on such terms and for such amounts as may be reasonably necessary from time to time
to protect the interests of the Corporation as determined in the business judgment of the Board,
including the judgment that any part of the Facility should not be covered due to the cost of
insurance. The Corporation shall have the sole authority to deal with the insurer in the settlement
of claims, and each Member shall be deemed to have appointed the Corporation as his agent with
respect to any such claims. All premiums, deductibles and other costs of the insurance described
in this Section 1 shall he deemed common expenses of the Corporation.
Section 2: The insurance obtained by the Corporation shall be obtained without prejudice
to the right of each Member to insure his own personal property stored at the Facility for his own
benefit at his own expense. In no event shall the insurance coverage obtained by the Corporation
be brought into contribution with insurance purchased by Members or their pledges or lienholders.
Section 3: In the event of a casualty loss or damage to the Facility, the Corporation shall
use commercially reasonable efforts to make appropriate claims under its hazard insurance. The
proceeds of such insurance, if any, shall be applied and utilized towards the reconstruction of said
Facility to substantially the condition existing immediately prior to the casualty (or, in the event
that such configuration is no longer legally permissible or practically feasible, then to such other
lawful, practicable condition as shall provide substantially equivalent value to the Corporation and
all of its Members).
[Signature Page to Follow.1
16

6k 4764
Pg 409
IN WITNESS WHEREOF, the Corporation has caused this Declaration to be executed effective
as of the date first set forth above, by authority of its Board.
CORPORATION:
SLOOP POINT MARINA OWNERS ASSOCIATION, INC.,
a North Carolina nonprofit corporation
By:
jfkayLL3MfflN_, President
STATE OF NORTH CAROLINA
COUNTY OF Ill hk) -J- .^ CA L(
I certify that the following person personally appeared before me this day, acknowledging to me
that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:. Drint01 rl h President.
MAURAA PATTON Notary Public Official Signature
Notary Public - North CaroliJ2024
New Hanover County Print or Type Name: f0 A0, Pt: eA !"If in
My Commission Expires Apr 5,
(Official Seal) My Commission Expires:, S
17

Bk 4764
Pg 410
Acknowledged and agreed to by Charter Member:
CHARTER MEMBER:
Sloop Point Ventures, Inc,
a North Carolina corporation
By:
Uri niel . Smith, President
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: Daniel E. Smith.
MAURA A PATTON
Notary Public - North Carolina
New Nan Over County
My Commission Expires Apr 5, 2024
(Official Seal)
Aku&A &t,drn
Notary Public Official Signature /� ll'
Print or Type Name: Mcr(n A. P� 1 It. ✓1
My Commission P_xpire
In

gk 4764
P9 411
EXHIBIT A
DESCRIPTION OF PROPERTY
Lying and being situate in Pender County, North Carolina, and being more particularly described
as follows:
Located in Topsail Township, Pender County, North Carolina, and being more particularly
described as follows:
All of that tract or parcel of land located in Topsail Township, Pender County, North
Carolina, being a combination of Tract 1 & 2 as recorded in a Deed to Hampstead Investment
Holdings, LLC in Deed Book 4632 at Page 1798 and as shown in Map Book 15 at Page 80; said
parcel being more particularly described as follows:
Beginning at an iron pipe located on the northeasterly line of Lewis Road — SR 1564 and
the northwestern owner of Tract 2 of the Mrs. Eva Lewis land division as shown on Map Book 15
at Page 80;
Thence along the dividing line between Tract 2 and Tract 5 as shown on the map recorded
in Map Book 15 at Page 80 North 46' 19' 00" East a distance of 163.48 feet to an iron pipe located
on the northeastern line of Tract 2, also being in the dividing line between Tract 3 and Tract 2 as
shown upon the map at Map Book 15 at Page 80;
Thence along the dividing line between Tract 2 and Tract 3, South 43' 45' 29" East a
distance of 576.76 feet to a survey disc and iron pipe near the edge of the Atlantic Intracoastal
Waterway;
Thence turning and running along the Waterway South 83' 17' 03" West a distance of
205.37 feet to an iron pipe on the dividing line between Tract 2 & Tract 1;
Thence South 43'
42'
08"
East a distance of 9.64 feet to a point along the bulkhead;
Thence South 67'
2 P
59"
West a distance of 64.44 feet to a point;
Thence South 70'
2 P
35"
West a distance of 35.84 feet to a point;
Thence North 33'
05'
19"
West a distance of 140.55 feet to a point;
Thence North 61 ° 59' 44" East a distance of 69.57 feet to an iron pipe on the Northern side
of Lewis Road being a 60' right of way;
Thence along said Right of Way, North 431 42' 10" West a distance of 20.79 feet to an
iron pipe;
Thence continuing along said Right of Way, North 43' 42' 08" West a distance of 285.00
feet to an iron pipe, which is the point of beginning, having an area of 96544.96 Square Feet, 2.216
Acres, and depicted on a map recorded in Map Boole 61 at Page 35 in the office of the Register of
Deeds of Pender County.
W9

Bk 4764
Pg 412
EXHIBIT A-1
FACILITY SITE PLAN AND
LENGTH, HEIGHT, WIDTH AND WEIGHT SPECIFICATIONS
[TO BE ATTACHED]
20

SLOOP POINT
—BOAT STORAGE —
North Rack
-
85 86
87 88 89
9C 91 92
93 9 35
96 97 98
99 700 101
10 10 04
�05 106 107
103 09 110
11 117
I\ /\
57 58
• 1 /\
59 60 61
•\ N Y
62 63 64
/a N /\
68 66 67
/a Y
68 63 70
N /a
77 72 73
/\
74 75 76
•\ •a •
77 78 79
I Il •a
80 31 82
l
33 84
29 30
31 32 33
34 35 36
•
37 38 3.a.
•\
40 41 42
43 44 45
46 47 48
40
55 56
I m
\
3 4 5
I\ Y Y
6 7 8
/\ •a
9 10 11
/ Y J
12 13 14
•\ I\
15 16 17
/
18 19 20
1\ 1\ /
2i 22 23
Ia •\ I\
24 5 6
Il •\
27 28
South Rack
/\ \
197 19
I\ •a /a
199 0 0'
Y
02 03 04
/• 0 oa
0 0 07
/
0"' 'C9 10
r 2'2 2P_
_77
• 0 6
217 �18 �19
20 �21 22
r �%
?69 tJ
17t 17 i7
17 175 i6
777 17 77�
80 181 73
18 t8c 18
/a / I
18 1 77 SE
•a N
139 '90 19+
N
19 ?9 19
�'Hn
•a •
141 14
143
• N
H a
H • I
Ia /\ •\
/'6 163
•a N /
+64 65 66
a •a
+67
=
Ia •a
113 n4
/ /a /a
115 116 177
•a • •
118 179 '0
a /a /a
121 22 722
�a /\ la
28 2-
•a •a •a
27 28 29
/\ a •
130 131 137
Ia •a •a
33 34 +35
•a N •a
13 37 13�
•a /a
LEVELS 1, 2 AND 4 WILL ACCOMMODATE T-TOPS WITHIN THE WEIGHT RESTRICTIONS.
LEVEL 3, NO T-TOPS ALLOWED.
LEVEL 1 OF THE SOUTH RACK WILL ACCOMMODATE PONTOON BOATS.
25'
-
4,000L
25'
10'4'
4,000LBS
25'
12'10"
6,000LaS
25'
15'4'
15,000tas
29
-
6.000LM
8,WD0
30'
IW4'
8.000M
10,000LOS
30'
1210'
10.000M
12,000L S
AY
15'4'
15,000L"
15.000Le
w = 25' LENGTH

Bk 4764
Pg 414
Length, Height, Width Weight SpecHkadons
RACK
SLIP
LEVEL
LENGTH
T-TOP
PONTOON BOATS
HEIGHT
WIDTH
WEIGHT
North
1
1
25
Yes
No
15'4"
10"5"
15,000
North
2
1
25
Yes
No
15'4"
SO'S"
15,000'
North
3
1
25
Yes
No
15'4"
10'5"
15,000�
North
4
1
25
Yes
No
15'4"
10'3"
15,000
North
5
1
25
Yes
No
15'4"
10'3"
15,000
North
6
1
25
Yes
No
15'4" 1
107'
15,000
North
7
1
25
Yes
No
15'4"
10'2"
15,000
North
8
1
25
Yes
No
15'4"
10'2"
15,000
North
9
1
25
Yes
No
15'4"
107'
15,000
North
10
1
25
Yes
No
15'4"
10'2"
15,000 '
North
11
1
25
Yes
No
15'4"
10'2"
15,000�
North
12
1
25
Yes
No
15'4"
10'2"
15,000
North
13
1
25
Yes
No
15'4"
107"
15,000
North
14
1
25
Yes
No
15'4"
10'2"
15,000
North
15
1
25
Yes
No
15'4"
10.2"
15,000
North
16
1
25
Yes
No
15'4"
10'2"
15,000�.
North
17
1
25
Yes
No
15'4"
10'2"
15,000:'
North
18
1
25
Yes
No
15'4"
1O'2"
15,000
North
19
1
25
Yes
No
15'4"
10'2"
15,000
North
20
1
25
Yes
No
15'4"
10,21,
1 15,000
North
21
1
25
Yes
No
15'4"
10'2"
15,000
North
22
1
25
Yes
No
15'4"
10'2"
15,000
North
23
1
25
Yes
No
15'4"
10'2"
15,000 .'
North
24
1
25
Yes
No
15'4"
10'3"
15,000
North
25
1
25
Yes
No
15'4"
10'3"
_
15,000
North
26
1
25
Yes
No
15'4"
30'3"
15,000
North
27
1
25
Yes
No
15'4"
10'S"
15,000
North
28
1
25
Yes
No
15'4"
ID'S"
15,000
North
29
2
25
Yes
No
12'10"
10"5"
6,000 -
North
30
2
25
Yes
No
12'10"
SO'S"
6,000
North
31
2
25
Yes
No
12'10"
10'5"
6,000
North
32
2
25
Yes
No
12'10"
10'3"
6,000
North
33
2
25
Yes
No
12'10"
10'3"
6,0D0 -!-°
North
34
2
25
Yes
No
12,10"
30'3"
6,000
North
35
2
25
Yes
No
12'30"
10'2"
6,000 .'
North
36
2
25
Yes
No
12'10"
10'2"
6,000
North
37
2
25
Yes
No
12'30"
107'
6,000 '
North
38
2
25
Yes
No
12'10"
107'
6,000
North
39
2
25
Yes
No
12'10"
107"
6,000
North
40
2
- 25
Yes
No
12'10"
1012"
5,D00 "
North
41
2
25
Yes
No
12'10"
107'
6,000
North
42
2
25
Yes
No
12'10"
107,
6,000
North
43
2
25
Yes
No
12'10"
10'2"
6,000
North
44
2
2S
Yes
No
12'10"
107"
6,000 ,
North
45
2
25
Yes
No
12'10"
10'2"
6,000:
North
46
2
25
Yes
No
12,10"
10'2"
6p00 .
North
47
2
25
Yes
No
12'10"
10'2"
6,000.
1
North
48
2
25
Yes
No
12'30"
10'2"
6,DD0
North
49
2
25
Yes
No
12'10"
10'2"
6'000

Bk 411>4
Pg 415
Length, Neighs, W'khh Weight Specifications
North
50
1 2
1 25
Yes
No
12'10"
SO'2"
6,000
North
51
2
25
Yes
No
12'10"
10'2"
6,000 ,
North
52
2
25
Yes
No
12'30"
10'3"
6,000
North
53
2
25
Yes
No
12-10"
10'3"
6,000
North
54
2
25
Yes
No
12'10"
10'3"
6,000
North
55
2
25
Yes
No
12'10"
10,5"
6,000
North
56
2
25
Yes
No
12'10"
10,5"
6,000
North
57
3
25
NO
No
10'4"
101.51.
4,000
North
58
3
25
No
No
10'4"
30'5"
1 4,000 '.
North
59
3
25
No
No
10'4"
10'5"
1 4,000
North
60
3
25
No
No
10'4"
10'3"
4,000
North
61
3
25
No
No
10'4"
107'
4,000
North
62
3
25
No
No
10'4"
10'3"
4,000 •'r
North
63
3
25
No
No
10'4"
107'
4,000
North
64
3
25
No
No
10'4"
10'2"
4,000
North
65
3
25
No
No
10'4"
10'2"
4,000 -`
North
66
3
25
No
No
10'4"
10'2"
4,000
North
67
3
25
No
No
10'4"
IO'2"
4,000
North
68
3
25
No
No
SO'4"
IU2"
4,000
North
69
3
25
No
No
10'4"
10'2"
4,000
North
70
3
25
No
No
10'4"
10'2"
4,000
North
71
3
25
No
No
10'4"
30'2"
4,000
North
72
3
25
No
No
10'4"
10'2"
4,000 .
North
73
3
25
No
No
10'4"
10'2"
4,000,:
North
74
3
25
No
No
10'4"
10'2"
4,000•
North
75
1 3
1 25
NO
I No
10'4"
10'2"
4,000
North
76
1 3
1 25
No
No
10'4"
10'2"
4,000 '
North
77
3
25
No
No
10'4"
10'2"
4,000
North
78
3
25
No
No
1014"
307'
4,000
North
79
3
25
No
No
10'4"
107"
4000
North
80
3
25
No
No
10'4"
10'3"
4,000
4,000
North
81
3
25
No
No
10'4"
10'3"
North
82
3
25
No
No
10'4"
10'3"
4,000
North
83
3
25
No I
No
10'4"
1075"
4,000.
North
84
3
25
No
No
10'4"
30'5"
4,000
4,000
4,000
North
85
4
25
Yes
No
154"
10"5"
North
86
4
25
Yes
No
154"
101S"
North
87
4
25
Yes
No
154"
10'5"
4,000 .
North
88
4
25
Yes
No
1514"
107'
4A00
North
89
4
25
Yes
No
154"
10'3"
4,000
North
90
4
25
Yes
NO
15'4"
10'3"
4,000
North
91
4
25
Yes
No
1514"
10'2"
4,000 ".
North
92
4
25
Yes
No
15'4"
1012"
4,000
North
93
4 1
25
Yes I
No
15'4"
10'2"
4,000'
North
94
4
25
Yes
No
15'4"
10'2"
4,000 .
North
95
4
25
Yes
No
IS'4"
10'2"
4,000�
North
96
4
25
Yes
No
15'4"
LOT.
4,000
4,000
North
97
4
25
Yes
No
15'4"
10'2"
North
98
4
25
Yes
No
15'4"
107'
4,000
North
99
4
25
Yes
No
IS'4"
10,2"
4,000
North
100
4
25
Yes
No
15'4"
10'2"
4,000.

8k 4764
P9 416
Length, Height, Width WelghtSpec8lcatlons
North
101
4
25
Yes
No
15'4"
10'2"
4,000 `-
4,000
North
102
4
2S
Yes
No
15'4"
107'
North
103
4
25
Yes
No
15'4"
107
4,000
North
104
4
25
Yes
No
15'4"
10'2"
4,000
North
105
4
25
Yes
No
15'4"
10'2"
4,000
North
106
4
25
Yes
No
15'4"
10'2"
4,000
North
107
4
25
Yes
No
15'4"
107.
4,000 .'
North
108
4
25
Yes
No
15'4"
10'3" 1
4,000
North
109
4
25
Yes
No
15'4"
10'3"
4,000
North
110
4
25
Yes
No
15'4"
10'3"
4,000 -
North
131
4
25
Yes
No
15'4"
10'5"
4,000 '
North
112
4
25
Yes
No
1S'4"
1015"
4,000
South
113
1
30
Yes
Yes
15'4"
10'6"
15,000 -•.
South
114
1
30
Yes
Yes
15'4"
10-6"
15,000
South
115
1
30
Yes
Yes
15'4"
10'3"
15,000
South
116 1
1 1
30
Yes
Yes
15W,
10'3"
15,000
South
117
1
30
Yes
Yes
15'4"
30'3"
15,000
15,000 l
South
118
1
30
Yes
Yes
15'4"
192"
South
119
1
30
Yes
Yes
15'4"
10'2"
15,000
South
120
1
30
Yes
Yes
15'4"
SO'2"
15,000
15,000
South
121
1
30
Yes
Yes
15'4"
107"
South
122
1
30
Yes
Yes
15'4"
10'2"
15,000
South
123
1
30
Yes
Yes
15'4"
10'2"
15,000 ;
South
124
1
30
Yes
Yes
15'4"
10'2"
15,000
South
125
1
30
Yes
Yes
15'4"
107'
15,000 -
South
126
1
30
Yes
Yes
15'4"
107'
15,000 -
South
127
1
30
Yes
Yes
15'4"
10'2"
15,000
South
128
1
30
Yes
Yes
15'4"
10'2"
15,000 -.
South
129
1
30
Yes
Yes
15'4"
10'2"
15,000
15,000
South
130
1
30
Yes
Yes
15-4"
10'2"
South
131
1
30
Yes
Yes
15'4"
107'
15,000
South
132
1
30
Yes
Yes
15'4"
107'
1s,000 .
South
133
1
30
Yes
Yes
15'4"
10'2"
15,000 '
South
134
1
30
Yes
Yes
15'4"
10'2"
15,000
South
135
1
30
Yes
Yes
I5'4"
10'2"
15,000
South
136
1
30
Yes
Yes
15'4"
30'3"
15,000
South
137
1
30
Yes
Yes
15'4"
10'3"
15,000 '
South
138
1
30
Yes
Yes
1 15'4"
10'3"
15,000
South
139
1
30
Yes
Yes
15'4"
10'6"
15,000
South
140
1
25
Yes
Yes
15'4"
1016"
15,000
South
141
2
30
Yes
No
12'10"
10'6"
10,000
South
142
2
30
Yes
No
12'10"
10'6"
10,OD0
South
143
2
30
Yes
No
12'10"
10'3"
10,000
South
144
2
30
Yes
No
12'10"
10'3"
10,000
South
145
2
30
Yes
No
12'10"
10'3"
10,000!
South
146
1 2
30
Yes
No
12'10"
10,2"
1 10,000
South
147
2
30
Yes
No
1 12'10"
10'2"
10,000
South
148
2
30
Yes
NO
12'SO"
10'2
10,000 .
South
149
2
30
Yes
No
12'SO"
107'
10,000
South
150
2
30
Yes
No
12'30"
107'
10,000 -.
South
151
2
30
Yes
No
12'SD"
10'2"
10,000 .-

Bk 4764
Pg 417
Length, Height, Width Weight Specifications
South
152
2
30
Yes
No
12'10"
10'2"
10,000
South
153
2
30
Yes
No
12'10"
10'2"
10,000
South
154
2
30
Yes
No
12,10"
10,2"
10,000
South
155
2
30
Yes
No
12'10"
1012"
10,000
South
156
2
30
Yes
No
12,10"
10'2"
10,000
South
157
2
30
Yes
No
12,10"
10'2"
10,000 '
South
158
2
30
Yes
No
12'10"
10'2"
10,000
South
159
2
30
Yes
No
12'10"
10'2"
10,000
South
160
2
30
Yes
No
12'10"
10'2"
10,000
South
161
2
30
Yes
No
12'30"
10'2"
10,000..
South
162
2
30
Yes
No
12'10"
10'2"
10,000 '.
South
163
2
30
Yes
No
12'10"
30'2"
10,000 ,
South
164
2
30
Yes
No
12'10"
10'3"
10,000 .
South
165
2
30
Yes
No
12'10"
10'3"
10,000
South
166
2
30
Yes
No
12'10"
30'3"
10,000
South
167
2
30
Yes
No
12'10"
10'6"
12,000 ..
South
168
2
25
Yes
No
12'10"
10'6"
12,000 S
South
169
3
30
No
No
10'4"
10'6"
8,000
South
170
3
30
No
No
10'4"
10'6"
8,000 • .
South
171
3
30
No
No
10'4"
10'3"
8,000 .:
South
172
3
30
No
No
10'4"
10'3"
8,000 '..
South
173
3
30
No
No
10'4"
30'3"
8,000
South
174
3
30
No
No
10'4"
107'
8,000
South
175
3
30
No
No
10'4"
10'2"
8,000.
South
176
3
30
No
No
10'4"
10'2"
8,000
South
177
3
30
No
No
10'4"
10'2"
8,000
South
178
3
30
No
No
10'4"
107'
8,000
South
179
3
30
No
No
10'4"
10'2"
8,000
South
180
3
30
No
No
10'4"
10'2"
8,000
South
181
3
30
No
No
10'4"
107'
8,000
South
182
3
30
No
No
10'4"
10'2"
8,000
South
183
3
30
No
No
10'4"
101"
8,000
South
184
3
30
No
No
10'4"
10'2"
8,000
South
185
3
30
No
No
10'4"
10,2"
8,000
South
186
3
30
No
No
10'4"
10'2"
8,000 .•
South
187
3
30
No
No
10'4"
10'2"
8,000
South
188
3
30
No
No
10'4"
10'2"
8,000
South
189
3
30
No
No
10'4"
10'2"
8,000
South
190
3
30
No
No
10'4"
10'2"
SA00
South
191
3
30
No
No
10'4"
10'2"
8,000
South
192
3
30
No
No
10'4"
10'3"
8,000 _
South
193
3
30
No
No
10'4"
10'3"
8,000
South
194
3
30
No
No
10'4"
10'3"
8,000
South
195
3
30
No
No
10'4"
10'6"
10,000
South
196
3
25
No
No
10'4"
10'6"
10,000
South
197
4
25
Yes
No
15'4"
10'6"
6,000
South
198
4
25
Yes
No
15'4"
10.6"
6,000
South
199
4
25
Yes
No
15'4"
10'3"
6AOO
South
200
4
25
Yes
No
15'4"
10'3"
6,000 -:
South
201
4
25
Yes
No
15'4"
10'3"
6A00
South
202
4
25
Yes
No
35'4"
10'2"
6A00 ,

Bk 4754
pg M8
Length, Height, Width Weight Specifications
South
203
4
25
Yes
No
15'4"
1012"
6,000
South
204
4
25
Yes
No
15'4"
1012"
6,000 � •
South
205
4
25
Yes
No
15'4"
10'2"
6,000
South
206
4
25
Yes
No
15'4"
10'2"
6,000
South
207
4
25
Yes
No
15'4"
10'2"
6,000
6,000 .'•
South
208
4
25
Yes
No
15'4"
1012,
South
209
4
25
Yes
No
15'4"
10'2"
6,000
6,000;
6,000
South
210
4
25 1
Yes
No
15'4"
10'2"
South
211
4
25
Yes
No
15'4"
10'2"
South
212
4
25
Yes
No
15'4"
107'
6,000
6,000
South
213
4
25
Yes
No
15'4"
10'2"
South
214
4
25
Yes
No
15'4"
10'2"
_
6,000 �.
South
215
4
25
Yes
No
15'4"
107"
6,000..
South
216
4
25
Yes
No
I5'4"
10'2"
6,000
South
217
4
25
Yes
No
15'4"
10'2"
6,000 ,
South
218
4
25
Yes
No
15'4"
1012"
6,000
6,000 ;
South
219 .
4
25
Yes
No
15'4"
10'2"
South
220
4
25
Yes
No
1514"
10'3"
6,000
South
221
4
25
Yes
No
15'4"
30'3"
6,000 .
South
222
4
25
Yes
No
15'4"
10'3"
6,000
South
223
4
25
Yes
No
15'4"
10'6"
8,000 .
South
224
4
25
Yes
No
15'4"
1016"
8,000
224

Bk 4764
Pg 419
EXHIBIT B
PERMITTED EXCEPTIONS
1. Taxes or assessments for the current year, and subsequent years, not yet due or payable.
2. Any right, easement, setback, interest, claim, encroachment, encumbrance, violation,
variations or other adverse circumstance affecting the Title disclosed by plat(s) recorded
in Map Book 15, Page 80.
3. Any discrepancy, conflict, access, shortage in area or boundary lines, encroachment,
encumbrance, violation, variation, overlap, setback, easement or claims of easement,
riparian right, and title to land within roads, ways, railroads, watercourses, burial grounds,
marshes, dredged or filled areas or land below the mean highwater mark or within the
bounds of any adjoining body of water, or other adverse circumstance affecting the title
that would be disclosed by a current inspection and accurate and complete land survey of
the Land.
4. Riparian and/or littoral rights incident to the Land; rights of others in and to the continuous
and uninterrupted flow of the waters bounding or crossing the Land; and title to any portion
of the Land owned by any governmental entity including, but not limited to, marsh, dredged
and/or filled areas and Land below the mean high-water mark.
5. Right(s) of way to Carolina Power and Light Company recorded in Book 759, page 48.
6. Deed to North Carolina Department of Transportation recorded in Book 918, page 130.
7. 8. Subject to 20' Access Road and rights of others thereto.
W

Sk 4764
Pg 420
EXHIBIT C
INITIAL BYLAWS
OF
SLOOP POINT MARINA OWNERS ASSOCIATION, INC.,
A NONPROFIT CORPORATION
(Amendments to the Bylaws need not be recorded. Requests to obtain current Bylaws should be
directed to the Corporation.)
ARTICLE I
GENERAL
SECTION l: NAME. The name of the Corporation is SLOOP POINT MARINA OWNERS
ASSOCIATION, INC. (the "Corporation").
SECTION 2: THE PRINCIPAL OFFICE. The principal office of the Corporation shall be 60
Gregory Road, Ste. 1, Belville, NC 28451, or at such place as may be subsequently designated by
the Board of Directors.
SECTION 3: DEFINITIONS. Capitalized terms in these Bylaws which are not otherwise defined
shall have the meanings ascribed to such terms in the Declaration of Covenants, Conditions and
Restrictions for SLOOP POINT MARINA OWNERS ASSOCIATION (as amended or
supplemented from time to time, the "Declaration").
ARTICLE II
MEMBERSHIP
SECTION 1: DEFINITION RIGHTS AND OBLIGATIONS. Initially, there shall be two hundred
twenty-four (224) memberships in the Corporation, all of which shall be "Charter Memberships"
held by Sloop Point Ventures, Inc. (the "Charter Member"), Such Charter Memberships shall
thereafter be converted to Class A Memberships as more particularly provided in the Declaration.
Each membership shall be evidenced by a Certificate of Membership in such form as the Board of
Directors shall approve. Any membership may be owned by any one individual, partnership,
limited liability company, or corporation, or by joint ownership of two individuals or entities
(collectively, "Persons"). The number of Persons and the designation of Persons entitled to the
benefits of such membership may be set and further defined by the Board of Directors in order to
avoid the imposition of unreasonable use of the facilities and property of the Corporation by or at
the instance of the Person or Persons owning each such membership. Said memberships shall be
divided into classes as set forth herein, and the rights and obligations of each membership shall
derive from the class of such membership.
SECTION 2: CLASSES OF MEMBERSHIP. There shall be two (2) classes of members and
memberships: "Charter" and "Class A". The various rights and characteristics of said classes of
membership shall be as set forth below and in the Declaration:
29

ek 4764
Pg 421
(a) CHARTER MEMBERSHIP. In consideration and payment for the conveyance of
the Property (as defined in the Declaration) the Corporation shall issue to the Charter Member one
Charter Membership certificate for each and every membership in the Corporation for an initial
total of two hundred twenty-four (224). Said Charter Memberships shall be freely transferable by
the Charter Member without any application or approval. Upon transfer of any such Charter
Membership by the Charter Member to another person, partnership, corporation, or other entity,
such membership shall immediately cease to be a Charter Membership and shall automatically
convert to a Class A as more particularly provided in the Declaration.
(h) CLASS A MEMBERSHIP. Class A membership shall be a membership entitling
the Member to the exclusive use and enjoyment of one (1) Boat Bay License as more particularly
provided in the Declaration. Each Class A Member shall have the rights provided in the
Declaration.
SECTION 3: VOTING RIGHTS. The owner of each membership, whether Class A or Charter,
shall have the right to cast, at any meeting of members, the number of votes allocated to such
membership in the Declaration.
SECTION 4: OTHER RIGHTS. To the extent consistent with these Bylaws, the Declaration, the
Articles of Incorporation and the Rules and Regulations promulgated by the Board, each Member
shall have such other rights as prescribed by North Carolina law.
SECTION 5: OBLIGATIONS. Each Member shall have the obligation and duty to pay all lawful
assessments as and when due. In addition, each Member shall be obligated to abide by all the terms
and conditions of the Articles of Incorporation, the Declaration, these Bylaws, and such Rules and
Regulations as shall be lawfully adopted from time to time by the Board of Directors.
SECTION 6: TRANSFER OF INTEREST IN MEMBERSHIP. Subject to the provisions of the
Declaration, no interest in a membership may be sold, transferred, assigned or licensed Without
the prior, express approval of the Board of Directors; provided, however, that these restrictions
shall not apply to the Charter Memberships or to the Charter Member's use, transfer, license or
sale of such memberships. Any Member who wishes to make any such sale, transfer, assignment
or license shall make application therefor to the Board of Directors in such fashion and following
such procedure as the Board of Directors shall prescribe.
SECTION 7: RIGHTS OF CHARTER MEMBERSHIP PROTECTED. All of the rights,
easements, benefits, terms, conditions, and provisions of Charter Membership as set forth in the
Declaration, these Bylaws, and/or the Rules and Regulations issued pursuant thereto are hereby
fully guaranteed, assured, and protected for the Charter Member. Notwithstanding anything herein
to the contrary, no amendment of or modification to these Bylaws shall be binding upon or
applicable to the Charter Member or any Charter Membership unless such amendment or
modification shall have been Specifically consented to in writing by the Charter Member.
ARTICLE III
MEETINGS OF MEMBERSHIP
SECTION 1: PLACE. All meetings of Members shall be held at the office of the Corporation or
such other place as may be stated in the notice.
30

Bk 4764
Pg 422
SECTION 2: ANNUAL MEETINGS.
A. The annual meeting of the Members shall be held in Belville, North Carolina, in
each year. The first annual meeting will be held after filing of the Articles of Incorporation with
the North Carolina Secretary of State.
B. Regular annual meetings after the first annual meeting shall be held on determined
by the Board of Directors.
C. All annual meetings shall be held at such an hour as is determined by the Board.
D. Written notice of the annual meeting shall be served upon or mailed to each
Member entitled to vote thereat at such address as appears on the books of the Corporation at least
fifteen (15) days prior to the meeting.
SECTION 3: MEMBERSHIP LIST. At least fifteen (15) days before every election of Directors
at which the Members other than the Charter Member are entitled to elect Directors, a complete
list of Members entitled to vote in such election, arranged numerically with the mailing address of
each, may be prepared by the Secretary. Such list shall be produced and kept for such fifteen (15)
days and through the annual meeting at the office of the Corporation, and shall be open to
inspection by any Member.
SECTION 4: SPECIAL MEETINGS.
A. Special meetings of the Members, for any purpose or purposes, unless otherwise
prescribed by statute or by the Articles of Incorporation, may be called by the President, the Board
or upon the written request of persons representing one-third (1/3) of the memberships. Such
request shall state the purpose or purposes of the proposed meeting.
B. Written notice of a Special Meeting of Members, stating the time, place and purpose
thereof, shall be served upon or mailed to each Member entitled to vote thereat, at such address as
appears on the books of the Corporation, at least fifteen (15) days before such meeting.
C. Business transacted at all special meetings shall be confined to the purposes stated
in the notice thereof, unless seventy-five (75%) of the Members present at such meeting in person
or by proxy consent to the transaction of business not stated in the notice.
SECTION 5: QUORUM. A representative of each of more than twenty percent (20%) of the total
number of votes eligible to be cast by memberships of the Corporation, present in person or
represented by written proxy, shall be requisite to and shall constitute a quorum at all meetings of
the Members for the transaction of business, except as otherwise required by statute, by the Articles
of Incorporation, the Declaration or these Bylaws., If, however, such quorum shall not be present
or represented at any such meeting of the Members, the memberships entitled to vote thereat,
present in person or represented by proxy, shall have power to adjourn the meeting from time to
time, without notice other than announcement at the meeting, until a quorum shall be present or
represented. At such adjourned meeting at which a quorum shall be present or represented, any
business may be transacted which might have been transacted at the meeting originally called.
31

Hk 4764
Pg 423
SECTION 6: VOTE REQUIRED TO TRANSACT BUSINESS. When a quorum is present at any
meeting, it majority of the votes cast, in person or represented by written proxy filed with the
Secretary in advance of the meeting, shall decide any question brought before the meeting, unless
the question is one upon which by express provision of law, the Articles of Incorporation, the
Declaration or these Bylaws, a different vote is required, in which case such express provision
shall govern and control the decision of such question. There shall be no cumulative voting on any
question or election.
SECTION 7: RIGHT TO VOTE. Each owner of a Class A Membership or Charter Membership
in good standing shall be entitled to the number of votes per membership as provided in the
Declaration. At any meeting of the Members, every Member having the right to vote shall be
entitled to vote in person or by proxy. Such proxy shall only be valid for such meeting or
subsequent adjourned meetings thereof.
SECTION 8: WAIVER AND CONSENT. Whenever the vote of Members at a meeting is required
or permitted by any provision of law, the Articles of Incorporation, the Declaration, or these
Bylaws to be taken in connection with any action of the Corporation, the meeting and vote of
Members may be dispensed with if all Members who would have been entitled to vote upon the
action of such meeting, if such meeting were held, shall consent in writing to such action.
SECTION 9: BALLOT. Action by the Members may be taken by written consent or by written
ballot in accordance with North Carolina Gen. Stat. 55A-7-08. Without limitation of the foregoing,
any requirement that any vote of the Members be made by written ballot may be satisfied by a
ballot submitted by electronic transmission, including electronic mail.
SECTION 10: ORDER OF BUSINESS. The order of business at the annual Members' meetings
beginning with the first annual meeting, and as far as practical at other Members' meetings, will
be:
1. Roll call and certifying of proxies;
2. Proof of notice of meeting or waiver of notice;
3. Reading of minutes of prior meeting;
4. Officers' reports;
5. Committee reports;
6. Approval of budget;
7. Elections of Directors and Officers (subject to the rights of the Charter Member);
8. Unfinished business;
9. New business;
10. Adjournment.
32

ak 47U
P9 424
Robert's Rules of Order (current edition) shall be applicable to the conduct of all meetings of
Members.
ARTICLE IV
BOARD OF DIRECTORS
SECTION 1: NUMBER AND TERM. The number of Directors which shall constitute the Board
of Directors (the "Board") shall be specified in the Declaration and these Bylaws.
(a) Until the earlier to occur of (i) the conversion of all Charter Memberships into Class A
Memberships in accordance with the terms of the Declaration, or (ii) such earlier date as the
Charter Member may elect, there shall be three (3) Directors, each of whom shall be selected by
the Chatter Member and shall serve for such term as may be determined by the Charter Member.
Directors selected by the Charter Member need not be Members of the Corporation.
(b) Upon the expiration of the Charter Member's right to select the Directors as provided in
Section 1(a) of this Article 1V, the number of Directors shall be increased to five (5), each of whom
shall be a Member or a representative of a membership. Each such Director shall be elected by the
Class A membership to serve for a term of two (2) years, or until his successor shall be elected and
shall qualify, except that the first election shall provide for three (3) Directors for two (2) years
and two (2) Directors for one (1) year. At the time any membership represented by any Director is
transferred by its owner/owners, such Director shall then be disqualified and thereafter shall not
participate as or exercise the rights of a Director.
SECTION 2: VACANCY AND REPLACEMENT. If the office of any Director (other than a
Director which the Charter Member has the right to replace) becomes vacant by reason of death,
resignation, retirement, disqualification, removal from office or otherwise, a majority of the
remaining Directors at a special meeting of Directors duly called for this purpose, shall choose a
successor or successors, who shall hold office for the unexpired term in respect to which such
vacancy occurred.
SECTION 3: REMOVAL. Subject to the provisions of the Articles of Incorporation as amended,
any Director (other than a Director which the Charter Member has the right to select) may be
removed by an affirmative vote of a majority of the members. No Director shall serve on the Board
after his membership in the Corporation shall be terminated for any reason whatsoever.
SECTION 4: POWERS. The property and business of the Corporation shall be managed by the
Board, which may exercise all corporate powers not specifically prohibited or prescribed by law,
the Articles of Incorporation, or the Declaration. The powers of the Board shall specifically
include, but not be limited to, the following:
A. To make and collect regular and special assessments and any other assessments
described in the Declaration and establish the time within which payment of same are due.
B. To use and expend the assessments collected to maintain, care for and preserve the
Facility, Boat Bays, docks, piers and all other property of the Corporation, and to conduct
maintenance dredging of any access channel and any other area necessary to provide safe
navigation from the waterways adjacent to the Facility to the primary channels.
33

ak 4764 -
Fig 425
C. To purchase the necessary equipment and tools required in the maintenance, care
and preservation referred to above.
D. To enter into and upon the Boat Bays when necessary and at as little inconvenience
to the members as possible in connection with such maintenance, care and preservation.
E. To insure and keep insured the property of the Corporation in the manner set forth
in the Declaration against liability, and to purchase such other insurance as the Board may deem
advisable.
F. To collect delinquent assessments by suit or otherwise, abate nuisances and enjoin
or seek damages from members or any other person for violations of these Bylaws, the terms and
conditions of the Declaration, and the Rules and Regulations.
G. To employ and compensate such persons, firms and corporations, as may be
required for the management, maintenance and preservation of the property and assets of the
Corporation.
H. To acquire, own, hold, pledge, sell, transfer or lease a membership in the name of
the Corporation or its designee.
1. To contract for management of any of the affairs of the Corporation and to delegate
to such other party all powers and duties of the Corporation except those specifically required by
the Declaration to have specific approval of the Board or of the members.
J. To carry out the obligations of the Corporation under any restrictions and/or
covenants running with the land and other property of the Corporation.
K. To adopt Rules and Regulations pursuant to the Declaration and Article X of the
Bylaws; and to make changes deemed appropriate.
L. To impose a special assessment against any Member for the violation by such
Member or his tenants (if applicable) or guests of any rule or regulation adopted by the Board or
the breach of any Bylaw contained herein, or the breach of any provision of the Declaration.
Without limitation of the foregoing, and to the greatest extent permitted by applicable law,
the powers of the Corporation and the Board, respectively, shall include all of the powers
exercisable by an "owners' association" as set forth in Sections 4717-3-102, 47F-3-107, 47F-3-
107.1, 47F-3-115 and 47F-3-116 of the North Carolina General Statutes.
SECTION 5: LIABILITY. The Directors shall not be liable to the owners for any mistake of
judgment, negligence, or otherwise except for their own individual willful misconduct, bad faith,
or gross negligence.
SECTION 6: VOLUNTARY NATURE. Directors and officers shall receive no compensation for
their services, such services being on a voluntary, pro bono basis.
SECTION 7: MEETINGS.
34

ak 4764
Pg 426
A. The first meeting of the Board shall be held on a date to be directed by the Charter
Member. Meetings of Directors elected by the Class A Membership as provided in Section 1(b) of
this Article IV shall be held immediately upon adjournment of the meeting at which the election
was held, provided a quorum shall then be present, or as soon thereafter as may be practicable.
B. Special meetings shall be held whenever called by the direction of the President or
a majority of the Board. The Secretary shall give notice of each Special meeting either personally,
by mail, telegram or by electronic means to the extent permitted by the North Carolina Nonprofit
Corporations Act, at least three (3) days before the date of such meeting, but the Directors may, in
writing, waive notice of the calling of the meeting, before or after such meeting.
C. A majority of the Board shall be necessary and sufficient at all meetings to
constitute a quorum for the transaction of business, and the acts of a majority present at any
meeting at which there is a quorum shall be the acts of the Board. If a quorum shall not be present
at the meeting, the Directors then present may adjourn the meeting without notice, other than
announcement at the meeting, until a quorum shall be present.
D. Action taken by a majority of the directors without a meeting is nevertheless Board
action if written consent to the action in question is signed by all of the directors and filed with the
minutes of the proceedings of the Board, whether done before or after the action so taken. Without
limitation of the foregoing, pursuant to N.C. Gen. Stat. 55A-1-70 and 55A-8-21, a Director's
consent to action taken without meeting may be in electronic form and delivered by electronic
means.
SECTION 8: ORDER OF BUSINESS. The order of business at all meetings of the Board shall be
as follows:
A. Roll call;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes of last meeting;
D. Consideration of communications;
E. Elections of necessary Directors and officers;
F. Reports of officers and employees;
G. Reports of committees;
H. Unfinished business;
1. Original resolutions and new business;
J. Adjournment.
SECTION 9: ANNUAL STATEMENT. At each annual meeting of the Members, the Board shall
present a full and clear statement of the business and financial conditions of the Corporation with
its recommended budget and regular assessment schedule for the ensuing year.
ARTICLE V
OFFICERS
SECTION 1: EXECUTIVE OFFICERS. The executive officers of the Corporation shall be a
President, Vice President, Secretary and Treasurer, all of whom shall be elected annually by and
from the Board. No two offices may be held by one person, except that during the period of control
35

aN 4764
Pg 427
by the Charter Member, the office of Secretary and Treasurer may be held by one person. If the
Board so determines, there may be more than one Vice President.
SECTION 2: SUBORDINATE OFFICERS. The Board may appoint such other officers and agents
from the membership as it may deem necessary, and such officers and agents shall have such
authority and perform such duties as from time to time may be prescribed by the Board.
SECTION 3: TENURE OF OFFICERS. Each officer shall hold office until the first meeting of the
Board held after the annual meeting held next after his election or until his successor shall have
been duly chosen and qualified or until his death or until he shall resign or shall have been
disqualified or shall have been removed from office.
SECTION 4: REMOVAL: All officers shall be subject to removal, with or without cause, at any
time by action of the Board, which may delegate to an officer the authority to dismiss employees,
agents or contractors.
SECTION 5: THE PRESIDENT.
A. The President shall preside at all meetings of the members and Directors; he shall
have general and active management of the business of the Corporation; he shall see that all orders
and resolutions of the Board are carried into effect; he shall execute bonds, mortgages, other
instruments and contracts requiring a seal, under the seal of the Corporation.
B. He shall exercise general control and direction of all the other officers of the
Corporation in the performance of their corporate duties.
C. He shall submit a report of the operations of the Corporation for the fiscal year to
the Directors whenever called for by them, and to the members at the annual meeting, and from
time to time shall report to the Board all matters within his knowledge of interest to the
Corporation.
D. He shall be an ex-officio member of all committees, and shall have the general
powers and duties of supervision and management usually vested in the office of the President of
a corporation.
SECTION 6: THE SECRETARY.
A. The Secretary shall keep the minutes of the members' and of the Board's meetings
in one or more books provided for that purpose.
B. He shall see that all notices are fully given in accordance with the provisions of
these Bylaws, the Declaration or as required by law.
C. He shall be custodian of the corporate records and of the seal of the Corporation
and shall see that the seal of the Corporation is affixed to all documents, the execution of which
on behalf of the Corporation under its seal is duly authorized in accordance with the provisions of
these Bylaws.
36

ak 4764
Pg 428
D. He shall keep a register of the name, telephone numbers, email address and post
office address of each Member; and the name, size, make, official number or registration of each
boat to he stored pursuant to such Member's Boat Bay License, which shall be furnished to the
Secretary by such Member.
E. In general, he shall perform all duties incident to the office of Secretary and such
other duties as from time to time may be assigned to him by the President or by the Board of
Directors.
F. With the approval of the Board, he shall be authorized to delegate all or part of his
authority to competent management personnel (including, without limitation, a professional
management company), pursuant to written definition of the authorities delegated (which
delegation, without limitation, may be set forth in a written agreement. by and between the
Corporation and said management personnel/company).
SECTION 7: THE VICE PRESIDENT.
The Vice President shall be vested with all the powers and required to perform all the duties of the
President in his absence, and such other duties as may be prescribed by the Board.
SECTION 8: THE TREASURER
A. He shall keep full and accurate accounts of receipts and disbursements in books
belonging to the Corporation, and shall deposit all monies and other valuable effects in the name
and to the credit of the Corporation, in such depositories as may be designated by the Board.
B. He shall disburse the funds of the Corporation as ordered by the Board, taking
proper vouchers for such disbursements, and shall render to the President and Directors, at the
regular meetings of the Board, or whenever they may require it, an account of all his transactions
as Treasurer and of the financial condition of the Corporation. Such records shall be open to
inspection by members at all reasonable times.
C. He may be required to give the Corporation at the Corporation's cost, a bond in a
sum and with one or more sureties satisfactory to the Board, for the faithful performance of the
duties of his office, and the restoration to the Corporation, in case of his death, resignation or
removal from office, of all books, papers, vouchers, money or other property of whatever kind in
his possession belonging to the Corporation.
D. With the approval of the Board, he shall be authorized to delegate all or part of his
authority to competent accounting, collection or management personnel (including, without
limitation, a professional management company), pursuant to written definition of the authorities
delegated (which delegation, without limitation, may be set forth in a written agreement by and
between the Corporation and said management personnel/company).
SECTION 9: VACANCIES. If the office of any officer becomes vacant by reason of death,
resignation, disqualification or otherwise, the Board shall choose a successor or successors who
shall hold office for the unexpired term.
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SECTION 10: RESIGNATIONS. Any officer may resign his office at any time, such resignation
to be made in writing, and to take effect from the time of its receipt by the Board of Directors,
unless some time be fixed in the resignation, and then from that date. The acceptance of a
resignation by the Board shall not be required to make it effective.
ARTICLE VI
NOTICES
SECTION 1: DEFINITION. Whenever under the provisions of the law, the Declaration, the
Articles of Incorporation or these Bylaws, notice is required to be given to any Director or Member,
it shall not be construed to mean personal notice; but such notice may be given to such Director or
Member in writing by depositing the same in a post office or letter box in a postpaid, sealed
envelope addressed as appears on the books of the Corporation, or by electronic means to the email
address/contact information as appears on the books of the Corporation.
SECTION 2: SERVICE OF NOTICE - WAIVER. Whenever any notice is required to be given
under the provisions of the law, the Declaration, the Articles of Incorporation or these Bylaws, a
waiver thereof in writing signed by the person or persons entitled to such notice, whether before
or after the time stated therein, shall be deemed the equivalent thereof.
SECTION 3: ADDRESS. The initial address of the Corporation for notice is as set forth in the
Articles of Incorporation, with such address subject to change by act of the Board.
ARTICLE VII
FINANCES
SECTION 1: FISCAL YEAR. The fiscal year shall be die calendar year.
SECTION 2: CHECKS. All checks or demands for money and notes of the Corporation shall be
signed by such officer or officers or such other person or persons as the Board of Directors may
from time to time designate.
SECTION 3: DETERMINATION OF ASSESSMENTS.
A. The Board shall determine, from time to time, the money required for the proper
and adequate maintenance and preservation of the property of the Corporation, including the cost
of dredging and maintenance or renovation of docks, piers and pilings, parking lot and areas, and
all the other costs of operating the business of the Corporation including insurance premiums, and
accounting and legal fees; and the Board shall thereupon adopt an annual budget which shall be
the basis for all regular assessments against Class A members of the Corporation. Until the first
annual meeting of members after the conversion of all Charter Memberships to Class A
Memberships the Board's budget need not be approved by the members; however, the budget
adopted by the Board as the basis for all such regular assessments for all fiscal years beginning
after the first annual meeting after there are no longer Charter Memberships must be approved by
the members at a meeting called for that purpose at which a quorum is present in person or by
proxy.
The Board shall allocate and apportion the budget equally among the Class A Memberships
then existing (and any Charter Memberships then in use by the Charter Member), and the regular
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assessments levied against the Class A memberships (and any Charter Memberships then in use
by the Charter Member) shall be based thereon.
B. The Board is specifically empowered on behalf of the Corporation to make and
collect assessments and to maintain, repair, renovate and replace any property of the Corporation.
Assessments shall be payable periodically as determined by the Board.
C. Special assessments as described in the Declaration may be imposed on the Class
A members by the Board as authorized in and by the Declaration-, and such special assessment
shall be levied and paid by the members in the same manner as Specified herein for regular
assessments, subject to the provisions of the Declaration.
D. When the Board has determined the amount of any assessment, the Secretary or
Treasurer of the Corporation shall mail or present a statement of the assessment to each of the
members. All assessments shall be payable to the Corporation, and upon request, the Treasurer or
his designated agent shall give a receipt for each payment made.
E. All assessments not paid when due may be subject to late fees as determined by the
Board and/or may bear interest until paid at a rate equal to the lower of (i) eighteen percent (18%)
per annum or (ii) the highest interest rate permitted by law.
F. The Corporation shall also be entitled to recover all costs of collecting any
assessments, including court costs and attorney fees.
ARTICLE Vlll
INTENTIONALLY DELETED
ARTICLE IX
LEGAL MATTERS
SECTION 1: COLLECTION AND ENFORCEMENT OF LIEN FOR ASSESSMENTS. In the
event a Member does not pay any sums, charges or assessments required to be paid to the
Corporation by the due date, the Corporation, acting through its Board, may enforce its lien (if
any) for assessments, or take such other action to recover the sums, charges or assessments to
which it is entitled, in accordance with the Declaration and applicable law.
SECTION 2: GOVERNMENTAL LIENS AND ASSESSMENTS. In the event that any
governmental unit imposes a tax of any kind upon any Member's membership or his or its
certificate, and the Member fails to pay such tax by the date such tax is due, the Board may pay
the same from the funds of the Corporation and assess such Member for the amount paid, plus
interest thereon.
SECTION 3: LEGAL COSTS. In the event legal action is brought against a Member and results
in a judgment for the Corporation, the Member shall pay the Corporation's reasonable attorneys'
fees, costs of collection, and court costs.
SECTION 4: SALE BY CORPORATION AFTER FORECLOSURE/SALE. If the Corporation
becomes the owner of a membership as a purchaser by reason of foreclosure or sale as a result of
a legal process, it shall offer such membership for sale and at such time as a sale is consummated,
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it shall deduct from the proceeds of such sale all sums of money due it for assessments and charges,
plus interest, all costs incurred in the bringing of the foreclosure suit, including reasonable
attorneys' fees, and any and all expenses incurred in the resale of the unit, including the expense
of advertising. All monies remaining after deducting the foregoing items of expenses shall be paid
to the former Member.
SECTION 5: OTHER REMEDIES. In the event of a violation of any of the provisions of the
Declaration, after tcn (10) days' notice from the Corporation to the Member to correct such
violation, the Corporation may bring appropriate action to enjoin such violation or may enforce
the provisions of such Declaration, or may sue for damages, or take such other courses of action,
or pursue any other legal remedy as it may deem appropriate.
SECTION 6: INTENT. Each Member, for himself, his heirs, successors and assigns, agrees to the
foregoing provisions relating to default and abatement of nuisance, regardless of the harshness of
the remedy available to the Corporation and regardless of the availability of any other equally
adequate legal remedies. It is the intent of all Members to give to the Corporation a method and
procedure which will enable it at all times to operate on a business -like basis, to collect those
monies due and owing it from the Members, and to preserve each Member's right to enjoy his
membership, free from unreasonable restraint and nuisance.
ARTICLE X
RULES AND REGULATIONS
In addition to the other provisions of these Bylaws, the Rules and Regulations adopted by the
Board together with any subsequent changes, shall govern the use of the facilities and property of
the Corporation and the conduct of all Members, their assignees, lessees, and guests. Any further
modifications in the Rules and Regulations may be made by the Board of Directors in accordance
with Article N, Section 4 of these Bylaws.
ARTICLE XI
INDEMNIFICATION
The Corporation may indemnify any person made a party to an action by reason of his being or
having been a Director or officer of the Corporation, against the reasonable expenses including
attorneys' fees actually and necessarily incurred by him in connection with the defense or
settlement of such action, or in connection with an appeal therein, except in relation to such matters
as to which such Director or officer is adjudged to have been guilty of gross negligence or
misconduct in the performance of his duty to the Corporation.
ARTICLE XII
AMENDMENT
Prior to the first annual meeting of the Members after conversion of all Charter Memberships to
Class A Memberships, these Bylaws may be amended by authorization of the Board of Directors.
Thereafter, these Bylaws may be amended at any time by the affirmative vote of two-thirds (2/3)
of the Members present in person or by proxy at a meeting duly called for that purpose at which a
quorum is present in person or by proxy; provided that the notice of such meeting shall contain a
copy of the proposed amendment verbatim which has been approved by a majority of the Directors.
Provided further, however, that no such amendment is hereby authorized, and no such amendment

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shall be valid or enforceable, which in any way alters, modifies, amends, or in any fashion affects
or diminishes the rights, easements, benefits, terms, conditions, and provisions of Charter
Membership as set forth in the Declaration, these Bylaws, and/or the Rules and Regulations issued
pursuant thereto, unless such amendment shall have been consented to in writing by the Charter
Member.
ARTICLE XIII
DISTRIBUTION OF ASSETS UPON DISSOLUTION
Upon dissolution of the Corporation, the assets thereof shall, after all of its liabilities and
obligations have been discharged or adequate provision made therefor, be distributed to the
members of the Corporation in accordance with a plan of dissolution pursuant to applicable law.
ARTICLE XIV
CONSTRUCTION
Wherever the masculine singular form of the pronoun is used in these Bylaws, it shall be construed
to mean the masculine, feminine or neuter, singular or plural, wherever the context so requires.
CERTIFICATION
The foregoing were adopted as the Bylaws of the SLOOP POINT MARINA OWNERS
ASSOCIATION, INC., a nonprofit corporation in existence under the laws of the State of North
Carolina, at the first meeting of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand effective as of this the _ day of
2021.
Secretary
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EXHIBIT D
SLOOP POINT MARINA OWNERS ASSOCIATION, INC.
a nonprofit corporation incorporated under the laws of the State of North Carolina
Certificate No.: Max. Boat Length:
Boat Bay No: Max. Boat Weight:
Max. Boat Height:
Class of Membership: Max. Boat Width:
Charter _
Class A
TRANSFER OF MEMBERSHIP
For value received,
conveys the above -described membership of the Transferring Member in SLOOP POINT MARINA
OWNERS ASSOCIATION, INC. (the "Corporation") unto (the "Transferee") and hereby assigns and
transfers to said Transferee, subject to the terns and conditions of that certain Declaration of Covenants,
Conditions, and Restrictions for SLOOP POINT MARINA OWNERS ASSOCIATION recorded in Book
, Page , in the Pender County Registry (the "Declaration"), all of the rights incident to
such membership. The Transferee hereby accepts said membership and hereby agrees to assume all
obligations of membership in the Corporation as Specified in the Declaration, the Bylaws of the
Corporation, the Articles of Incorporation of the Corporation and the Rules and Regulations of SLOOP
POINT MARINA OWNERS ASSOCIATION issued from time to time. Accordingly, the Transferring
Member and the Transferee hereby request that the Corporation effect the transfer and conveyance
described herein on the books of the Corporation.
Provided, however, both the Transferring Member and the Transferee each agree and understand that the
conveyance, transfer, assignment and assumption described herein shall not be effective unless and until
approved by the Board of Directors of SLOOP POINT MARINA OWNERS ASSOCIATION, INC. as
contemplated in the Declaration. In that regard, the Transferring Member hereby represents to the Board of
Directors that all loans, security agreements, and pledges against the membership described herein have
been paid in full and satisfied, that said membership is free of all liens and encumbrances, and that this
transfer is in full compliance with the Declaration.
WITNESS: TRANSFERRING MEMBER:
WITNESS:
Date: 20_
TRANSFEREE:
Date: 20_
Approved by the Board of Directors of SLOOP POINT MARINA OWNERS ASSOCIATION,
INC., and noted in the records of said Corporation, this _ day of , 20_, by order of the
Board of Directors.
President, SLOOP POINT MARINA OWNERS
ASSOCIATION, INC.
42

EXHIBIT E
SLOOP POINT MARINA OWNERS ASSOCIATION, INC.
it nonprofit corporation incorporated under the laws of the State of North Carolina
Certificate No.: Max. Boat Length:
Boat Bay No: Max. Boat Weight:
Max. Boat Height:
Max. Boat Width:
Class of Membership:
Charter
Class A
MEMBERSHIP CERTIFICATE
Bk 4764
Pg 434
THIS DOCUMENT CERTIFIES THAT, pursuant to that certain Transfer of Membership
approved and certified by the Board of Directors on _, 20 , is now a member of the
SLOOP POINT MARINA OWNERS ASSOCIATION, INC. (the "Corporation'). Such
membership entitles member designated herein to all of the rights, benefits, and easements
applicable to such membership in accordance with the Class thereof, subject to the covenants,
conditions, restrictions, and obligations set forth in that certain Declaration of Covenants,
Conditions, and Restrictions for SLOOP POINT MARINA OWNERS ASSOCIATION recorded
in Book , Page , in the Pender County Registry (the "Declaration'), as well
as to the and Rules and Regulations issued pursuant thereto and to the Bylaws of the Corporation.
Any sale, transfer, pledge, lien or assignment of this certificate (or any rights appurtenant to or
relative to the membership described herein) shall be in all respects subject to and in compliance
with the provisions of said Declaration and Bylaws.
IN WITNESS WHEREOF, the Corporation has caused this certificate to be executed by its
authorized officers and its seal to be properly affixed hereto this the day of
20
PRESIDENT
43
SECRETARY