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HomeMy WebLinkAboutSullivan, Malcom Jr. , Daddy E&B, LLCf 7 CAMA / DREDGE & FILL No. 73927 ®GENERAL PERMIT Previous permit# A B C D ❑New ❑Modification ❑Complete Reissue El Partial Reissue Date previous permit issued I , As authorized by the State of North Carolina, Department of Cnvircnrrental Quality i and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC t ❑ Rules attached. Applicant Name` )'t lr t.l 1 f 1��' j(� i 1 `wi �� roject Location: County _- Address Street Address/ State Road/ Lot #(s) ( / �, City_ 1 " , ..' State '� ZIP � A Phone # j,f � � •�- �-Mail - Subdivision AuthorizedAg t /.. ?.__ I j City - ZIP GCW EW TA ❑ PT Phone # (�,) /// / River Basin Affected OOEA =F OOIH El USA El N/A AEC(s): El PWS: Adj. Wtr. Body— _ (nat an /unkn / Closest Maj. Wtr. Body_ - ORW: yes / 66 1 PNA yes / no -rare■■ rw ► r j■■■r_ ss■;■�■,■mrr�0 ■■E■ ■■■■ ■a■■■■�rC�ajni■■I■u�rieiiI■■■■■■■■■■■IIMMENSE■`C°C ■ ®CuC � i� Ciii■i WWHIME 0CCWCoiC°CC ::■EN ■■� ■ ■■nil ■w■■■■S■■■E■E■rl1■ `CCN::■i:MEN : :::CC e:ii°■:::C'SIC::::iIN ::::::ICI::■B:: ::::■■::::0=0 ■®mm■m■ lmmmE■ S■■ENS ■NE m:lIPMESEEMEMEN Ni,°■M11I,°■�C°� :°CMEN i ..... �.■:INNE■■■.: ` ■�■■■■w■a�■■■AID �.-aG■■�a■■.■■■■i■■■■■■ .. ■■■■■■®■�ramw■■�■■�ss�os■r�� ,■■i■■■■ moms ■■■o■NL•Ifiln■�■■�11���n 1� iri ®■NEEN SEEN CNm=mmmm �CCCC lmw=mm iC:C:::I No E■ ■■ ■■■m■■■■■o■■■■■■■■■■JEM■■o■ ■ p Agent orgyp ; licant Printed Name Signature `Please read compliance statement on back of permit" Application Fee(s) Check # Permit Officer's Printed Name Signature r Issuing Date 'Expiration Date 1� go(rA PX*r /all /3 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: rr"lI ot-'fk tir, • �l i � VO 3Y` Mailing Address: Phone Number:E4; Email Address: 6.1 I certify that I have authorized 17 S� 4 S Agent ! Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: IV -e w GQOG Is a-sAJ & .t /'// S - Seo 4f4gc'.% atmy property located at 2 �11 E-IVY �j f in Cr`412.2 ej County. l furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Cat Signature / Print or Type Name Title Date This certification is valid through AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: � JY ��L�-C Mailing Address: �y rJox It/7 -5 ' -z z Phone Number: 2—"Z 5 Email Address: Cl�eerr^ysiY1C. Co�ivf I certify that I have authorized r' Sh��Y 6-60 Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: /V e IN dOGg 9 bow at my property located at � t 3 in C County. rs Ytv I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Ifit. a"Zv .e E e v i, / Print or Type NanYe Yl1 ew,be-t /Ma"4Title �l�t 2 / 2__i�2 / -249/� Date This certification is valid through _I -L /-3 1_/1_ ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to _add T Vl Z-& 's i (Name of? roperty Owner) property located at �V�S �� (Address, lot, Block, Road, etc.) on c�v e au�.r� , in _M h eqd L f v N.C. V (Waterbody) (CitvlTow andlor Countv) The applicant has described to me, as shown below, the development proposed at the above location I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) RECEIVED APR 0 2 2019 DCm-MHD CITY WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. K I do not wish to waive the 15' setback requirement. Owner Information) r or r ypa ry me +/ i° 7i'c. ..y'° 'Jlt Mar r}{r��g add s City/stat TetapiaorNu �t erf ¢tpail address Dale' (Revised Aug. 2014) *Valid for one calendar year after signature* ADJACENT RIPARIAN PROPERTY OWNER STATEMENT 1 hereby cartify that I own property adjacent to r r r a C- aj Cle5 Sv ! h VCw s (Name of Pfoperty Owner) property located at y (I I'i v "'MS s"f p (Address, Lot, E on PoouG Sov�� in_W, (Waterbody) U93 The applicant has described to me, as shown below, the development proposed at the above location ✓ l have no objection to this proposal. I have objections to this proposal. DESCRIPTION ANDIOR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) 5 e-e 4 *q 6t.1,E(X WAIVER SECTION RECEIVED APR 0 2 2019 DCM-MHD CITY I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by �me. (If you ish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. w�c I do not wish to waive the 15' setback requirement. (Adjacent Property Owner Information) O C�RNuS C1Q9 �rwt-, ��'-C Pnnt or Type Name t4tT A6er%4NV4rtL kti 11 — 3 /st8 t9 Dare$ — t (Revised Aug. 2014) 'Valid for one calendar year after signature' CAI 0i Ui cl- I lo I RECEIVED APR 0 2 Z0ls DCM-MHD CITY Z� NOTES 1. ALL 00$MW .9 ARE I,,,ZONM GROIMD ,IIEASU/1EMLT/IS w FEET & OFtiMM3 INEREOF, UNLESS ODIERME .NDTDA• T. NO VOURES ARE SNOWN ON w SURVEY. J. AU MPR0ILMENIS ARE NOT S w ON R96 SURi•FY. ' Z w Q) J RW_ �Q CN � N O LEGEND Rf{Y - RIGHT OF WAY EIS - EXISTTNG IRON STAKE MAG - MAGNENC READING 47P - EXISTING AWN PIPE NIP - NEW IRON PIPE MOR - MINIMUM BUILDING SEMCK LINE (CC) - CONTROL CORNER BRICK ORIYE — - - — = ADJOINING PROPERTY vRE Y L_ __ I' 9a Sow EVANS STREET 60' PUBLIC R/W :wB __._ RElE SlLtiw,a(K qny� � S N'IS EV_S Bf-1'W_ & fly 60.25' Rei ( qAb' _ � a 49-08' ER ro i pp (R S PORCH STEPS ' `A 8 I OWEUMq I I$ s I I i5o2` I ° ira� TOWN AIOREHEAO CPRWNr R I SUGJMN BB bG PC !T4 d PORCH I ` i DB RBO. PG ZOB Y E OFCK �I s� a I ZWW & BUXMK SE79ACK REOVIRENENIS a DISMESt) III PROPEPIY AS ZONED R33 50r z I I 9ukaxc sneAcrrr aCEED Fleavr q/WREA - !s' MmuWu BUKoxvC LL4E I STATE OF NORM GL4IXRM CMTEREI C01/N)Y & IUD eDUN(NWY - )' MWINUY BLRD9IG UNE RWNOLAY' - IS' MINBk1M BWLIXNC LKfF 1 RLYMy, OFOCER OF lu °• L_ �5' M$Si_ maw Ad IMPRDYENENrS SRA4 NOT LENdR (XIUMY, CERRTY DM1 RIF A(4 OR PLAT >D 8 Y FKCEFD SDI OF TOTAL GOT eDl/NDARY. W1RCN RRS CERIgX:ITAJN 3 ATTACHED MEFR ALL STAIUIORY RNUIItEMENTS eoR gECORLtlN6. � APPROXIWTE NleilW UNE y^ �✓ WOUE SOUND "PRELIMINARY PLAT'" NOT FOR SALES, CONVEYANCES, PIN NO, 6376203 OR RECORDATtom PHYSICAL SURVEY I PARCEL MEL OR )RAGT MCT 0f tAND. Dui THE PRovmn 2413 EVANS ST. S/.tlWH HFREC9! K A SUAYtY d' AN FX/SiI.YL 30, 15' 0 30' L-4268 STATE OF NORTH CAROLINA CARTERET COUNTY I, JOHN C. NIX , CEROFY THAT THIS PUT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERNSION,• (GEED DESCRIPRON RECORDED IN MAP & DEED BOOKS NOTED; THAT THE RATIO OF PRECISION AS CALCULATED 15 1: ! " NWT THE LINES NOT SURVEYED ARE SHOWN AS BROKEN LAVES PLOTTED FROM INFORMATION FOUND IN MAP AND DEED BOOKS NOTED NG7 THIS PLAT WAS PREPARED IN ACCORDANCE MM THE STANDARDS OF PRACi7C£ AS AMENDED. WINES$ MY ORIGINAL SIGNATURE RECISIRATION NUMBER AND SFAL IRIS 6TH DAY OF ocTOBf.TL. 2004. L-4268 SURVEY FOR: ELY J. PERRY, III ACREAGE MIA {eY cg4arrm.. 0.1S ACt EXCL- A/W SOURCE OF IRLE OB 524, PC 90 M8 1. PC 2.1 RR[RENLR$ Da 6q P4 J74 NO 1, PC 20 PRD,E 20040122 RECEIVED APR 0 2 2019 MOREHEAD TOWNSHIP CARTERET COUNTY, NC DATE.' OCTOBER o6, 2004 SCALE: I" - 30' MATRIX � EAST, PLLC t -- 81 906 N. QUEEN ST., SURE A I' \ KINSTON, NC 28501 ,t TEL: 252-522-25CO FAX: 252-522-4747 , EMAIL: MATRIXEASTOEARTHLINK.NFT HD CITY t F _ c",�� Y� Y fE r { u- S j( t 3 I 71 t 4 r i MARINE 1; v V i, - - _ STATE OF NORTH CAROLINA COUNTY OF CARTERET JOINT DOCK USE AND EASEMENT AGREEMENT This JOINT DOCK USE AND EASEMENT AGREEMENT ("Agreement') is made by and between DADDY E & B, LLC, a North Carolina limited liability company whose principal office is at 518 Plaza Blvd., Kinston NC 28503 (hereinafter "LLC') and Gray H. Sullivan and husband, Malcolm R. Sullivan, Jr. (for marital interest only) and H. Gregory Sullivan, together indicating a contact address of 1550 Cuyler Best Road, Goldsboro, NC 27534, Gray H. Sullivan and H. Gregory Sullivan (hereinafter "Sullivan") being the owners of the real property adjoining and immediately east of the property of LLC (properties described below), for the purposes of establishing an easement and the rights and responsibilities of the joint use of a dock and improvements attached to or adjacent to said dock. The term "Party or Parties" refers to singularly LLC or Sullivan and collectively to LLC and Sullivan respectively, and their spouses, heirs, successors, and assigns. RECITALS WHEREAS, LLC is the owner of a certain parcel of land described in that deed recorded in Book 1432, page 57, Carteret County Registry, which is Lot 501 of the Sunset Shores Subdivision as shown on that plat recorded in Map Book 1, page 139, Carteret County Registry and is tax parcel number 637620919402000, having a street address of 2413 Evans Street, Morehead City, NC 28557; Page 1 of 10 WHEREAS, Sullivan is the owner of a certain parcel of land described as "Tract 2" in that deed recorded in Book 1613, page 105, Carteret County Registry, which is Lot 500 of the Sunset Shores Subdivision as shown on that plat recorded in Map Book 1, page 139, Carteret County Registry and is tax parcel number 637620919461000, having a street address of 2411 Evans Street, Morehead City, NC 28557; WHEREAS, LLC and Sullivan intend to construct a shared dock and amenities which are to be generally configured as per the diagram attached hereto as Exhibit A, that Exhibit being incorporated herein by reference; WHEREAS, the Parties intend to make common use of the dock and other common components thereof; however, those appurtenances, amenities, improvements and facilities which are located to the east of the dock shall be exclusive to Sullivan and those appurtenances to the west of the dock shall be exclusive to LLC as shown on Exhibit A; WHEREAS, the Parties agree that each shall be entitled to use the Common Areas as shown on Exhibit A and described herein and to equally share the cost of the entire dock in its original configuration shown on Exhibit A, and to share equally in any future construction and maintenance costs associated with the Common Areas; WHEREAS, the Parties wish to establish certain rights and responsibilities regarding the use, maintenance and operation of the Common Areas and adjacent areas of the dock; NOW THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants and benefits to be derived from this Agreement, and other good and valuable consideration, the receipt and sufficiency being hereby acknowledged by the Parties, the Parties have bargained and sold and by these presents do hereby bargain, sell, grant and convey to each other, a perpetual, nonexclusive easement for the establishment, installation, maintenance and repair of a joint dock and related easement area as more particularly described herein and pursuant to such terms and conditions as are set out hereinafter. Page 2 of 10 1. Easements. Each Party grants to the other all easement rights which would allow each to use the dock (common and non -common areas), boat lifts and other appurtenances thereto subject to the other terms and conditions of this Agreement. These easements shall be limited to the placement, rebuilding and maintenance of a dock (common and non -common areas) as generally depicted on that plan attached hereto as Exhibit A. Said easement shall provide for equal use of the Common Areas and for access and use of the area of water surrounding the dock. The easement shall also include an area of the shoreline extending five feet from the perimeter of the dock structure on land (hereinafter "Shoreline Easement"). The Shoreline Easement shall be used for ingress and egress to access, maintain, repair and use the dock; however, such area may not be used by either Party for parking or for storage of any item, nor may any Party be entitled to construct or place any property on or within the easement area, other than as specifically provided for in this Agreement, without the express written consent of the other Party. The use of any easement area by a Party shall not interfere with the use by the other Party. 2. The Dock. More particularly, the Parties shall construct the dock generally described on Exhibit A, upon receiving proper permits and approvals. Such dock shall be in compliance with all requirements imposed by all applicable governmental authorities. 2.1 All costs concerning the design, approval and construction of the dock shall be shared by the Parties and shall be governed by a separate construction agreement. 2.2 The dock Common Areas shall be owned equally by LLC and Sullivan. 2.3 The Parties agree that the dock which is the subject of this Agreement shall be the only dock systems permitted to serve their respective properties described above, but each of them shall have the right to configure, modify, or enhance their respective sides, east of the dock by Sullivan, west of the dock by LLC. 3. Parties Benefited. The terms and conditions of this Agreement shall be construed to be for the benefit of the Parties, the same running with each Party's property as above described, and shall inure to the benefit of and be binding upon the owners of such parcels Page 3 of 10 described herein and their heirs, successors and assigns. 4. Use and Repair of the dock, casements, and unlimited Exclusive Areas. The Access Dock (defined below) and other Common Areas may be used jointly by the Parties and the members of their respective families, in accordance with and subject to the following conditions: 4.1 Sullivan shall have unlimited exclusive use of the east face of the dock along with any appurtenances, amenities, improvements or facilities (including lifts) constructed or placed within the area east of the Access Dock (hereinafter "Sullivan Area"). All appurtenances and or improvements located in this area shall be and remain the personal property of Sullivan; 4.2 LLC shall have unlimited exclusive use of the west face of the Access Dock and any appurtenances, amenities, improvements, or facilities (including lifts) constructed or placed within the area west of the Access Dock (hereinafter "LLC Area"). All appurtenances, improvements, and facilities located in this area shall remain the personal property of LLC. The Sullivan Area and LLC Area shall be hereafter collectively referred to as the "Exclusive Areas;" 4.3 The six foot wide dock which is split equally at the shoreline by the Parties' common property line (heretofore and hereinafter "Access Dock"), all appurtenances, amenities, or facilities attached to the southern end of the same (see Exhibit A), regardless of whether or not such appurtenances, amenities, or facilities may be located east or west of the Access Dock, and the Shoreline Easement shall be considered and are hereby deemed Common Areas for use by both Parties. No Party may use Common Areas in a manner that precludes the authorized use of the other Party. 4.4 If severe weather or any other calamity or casualty shall cause any part(s) of the Common Areas to be damaged, making repair or replacement necessary, the Parties Page 4 of 10 shall obtain at least two proposals/quotes for the work and shall accept the most beneficial proposal, with each of the Parties being equally responsible for payment. Should either of the Parties fail to pay their equal share within 30 days after presentation of the final invoice, then the other party shall have all rights in law and equity to enforce payment and shall further be entitled to collect interest at the rate of 18% per annum on the defaulting parry's unpaid balance and be reimbursed for all costs of enforcing this Agreement, including but not limited to court costs and reasonable attorney fees. 4.5 If severe weather or any other calamity or casualty shall damage either the Sullivan or LLC areas, such damaged parts (including lifts) must be removed, repaired, or replaced by the relevant Party within 180 days of such damage. If after 180 days written notice, either Party shall fail to remove, maintain, repair, or replace anything damaged within their area, the other Party may make suchrepairs or remove such parts as may be necessary to protect and allow continued safe use of the Common Areas and their adjoining area, and the costs shall be fully paid to the repairing Party. The repairing party shall obtain at least two proposals/quotes for the work and shall select the most beneficial proposal. Should the non -repairing Party fail to refund the repairing Parry's costs for removal, repair, maintenance, or replacement as contemplated by this Section, the paying Party, 30 days after presentation of a final invoice, shall have all rights in law and equity to enforce payment of the same and shall further be entitled to collect interest at the rate of 18% per annum on the defaulting parry's unpaid balance and be reimbursed for all costs of enforcing this Agreement, including but not limited to court costs and reasonable attorney fees. 5. Operating Costs. Ongoing Operating Costs for the dock, including but not limited to repairs, replacement, and maintenance of Common Areas, shall be shared equally by Sullivan and LLC. The cost of repairs, replacement and maintenance shall be agreed to prior to start of work and Sullivan and LLC shall both enter into a contract with the contractor for agreed to work. The electrical facilities for the dock shall be hooked up to the Sullivan house and paid for by Sullivan. The water facilities for the dock shall be hooked up to the Page 5 of 10 LLC house and be paid for by LLC. Sullivan and LLC will work with Carteret County and City of Morehead to insure that the property tax for the dock is split 50% - 50% on property tax bill and or fully paid. 6. Indemnity. The Parties acknowledge that a dock can be a dangerous place and each Party hereby agrees that it shall use the dock entirely at its own risk. The Parties hereby indemnify and hold each other harmless from any loss, damage, injury, cause of action or claim resulting from any and all acts or omission of a Party, their agents, guests, or other person using the dock or any parts thereof at the invitation of the Party. 7. Insurance. Sullivan and LLC shall obtain and maintain liability insurance for the dock under their respective homeowner's insurance policy at the maximum amount of liability coverage offered under such policy which is currently understood to be $500,000. S. Damages to Dock. If the Common Areas are damaged by a Party or by any person using the Common Areas at the invitation of that Party, such Party shall promptly arrange to cause the repair or replacement of the damaged Common Area to the standard of the Common Area prior to the damage and the Party responsible for the damage shall pay the costs of the same. In the event the Party responsible for the cause of damage does not cause repair of the same within ninety (90) days of such damage and then pay for such repair or replacement costs when due and payable, the non -responsible Party may, at their option, make the necessary repairs or replacements and/or pay for the same, but at the cost of the responsible Party nevertheless. The responsible Party shall repay the non - responsible party for such costs within 30 days of presentment of an invoice of the same or the non -responsible Party may take action to collect the same in the same manner as described in Section 4.5 above. 9. Nuisance. The Parties will not engage in, or allow to be engaged in, any activity at or about the Common Areas or their respective Exclusive Areas, in contravention of a n y law or that reasonably may be deemed a nuisance. Nuisance shall include, but is not limited to, any loud or boisterous activity and/or music that would disturb the natural peace and tranquility of the area. Page 6 of 10 10. Access to Common Areas. Each Party shall have reasonable access to the Common Areas and hereby grants any necessary easement to the other for such purposes, including but not limited to the ability and area necessary to cross the property line of the either Party. Except as may be required for improvements, repairs, maintenance, or replacement for the Common Areas or the Exclusive Areas of the Parties, no mechanized transportation over the Common Areas and Easements will be allowed without specific written permission from the other Party. Each Party agrees to use their best efforts to minimize any interference or impact on the property of the other while accessing the Common Areas. Each Party shall maintain at their own cost any part of the Common Areas located on land owned by them, including but not limited to keeping any path or other access in such condition that each Party may have safe and ready access to the Common Areas. This includes drainage issues, mowing grassy or otherwise vegetated areas, maintaining safe footing, removal or trimming of bushes and plants restricting access, and proper installing and maintaining of surfaces for safe access. It. No Overnight Accommodations. Boats mooted in or tied to the Common Areas or within the Exclusive Areas or Common Areas shall not he used for overnight accommodations, other than for occasional use by the Parties and their guests limited to no more than one week at a time and no more than two weeks in a year. Except as provided for herein, no transient or overnight moorage or tying shall be permissible at the dock. 12. Parties Responsible for their own Boats and Floatplanes. The Parties shall be solely responsible for their boats or floatplanes moored or tied to the Common Areas and their own amenities/improvements and neither Party shall bear responsibility or liability for loss or damage of boats or floatplanes they do not own. Boats and floatplanes will be kept in neat, clean and seaworthy condition at all times and each Party shall be responsible for the relocation of their boat when weather or tidal conditions so require. Each Party shall be responsible for the collection, removal and disposal of their own trash and sewage, and shall be solely responsible for any of their discharges into the waters surrounding the Common Areas and/or their Exclusive Areas. Page 7 of 10 16. No Unattended Boats. The Parties shall only keep a boat or floatplane on or at the dock or at their amenities/improvements in their Exclusive Areas while they reside on or are using their respective property unless written permission is obtained from the other Party, which shall not be unreasonably withheld. 17. Noise. Best efforts shall be made to keep the dock quiet after 10:00 PM and before 6:00 AM ("After Hours") to minimize the impact of noise, lights, etc. on the shore properties. It is understood that the Parties can use the dock After Hours; however, the Parties shall be particularly careful to minimize noise, lights or any disruption during After Hours usage. 1& Dock Cleanliness and Appearance. The Common Areas shall be kept clear and there shall be no storage containers kept thereon. The Common Areas and the Exclusive Areas shall be kept clean, orderly and free from all hazards and flammable substances. The Parties may mutually set reasonable rules for good and safe management of the Common Areas consistent with this Agreement and they are empowered to enforce such rules. 19 Recreational Use Only. The use of the dock is for recreational purposes only. No commercial use shall be made of the dock, nor shall any commercial maintenance be performed on any vessel at the dock except in the case of verifiable emergency repairs. 20. Exclusive Use and Benefit to the Parties to this Agreement. The Common Areas are for the exclusive and sole use and benefit of the Parties. Notwithstanding any other term in this Agreement, no Party shall grant rights of any kind whatsoever concerning the use and benefit of the dock to any third party without the prior written consent of the other Party; however, the Parties may permit guests, invitees and contractors to use the Common Areas and their Exclusive Areas when they are visiting and no consent for such shall be required. 21. Expansion. Any future expansion or enhancement of the Common Areas or the Exclusive Areas beyond that shown on Exhibit A must be mutually agreed upon in writing by the Parties. Page 8 of 10 22. Terms and Conditions of Agreement are Enforceable. The terms and conditions ofjoint use as set forth herein are expressly conditioned upon compliance by each joint user with all requirements set forth herein. Each Party is/are empowered to enforce the terms, conditions and requirements of this Agreement. Failure to abide by the terms, conditions and requirements may result in loss of use by the offender. 23. Entire Agreement. This is the entire agreement between the Parties. There are no other understandings, verbal or written concerning the subject matter of this Agreement. This Agreement may be amended only by written agreement signed by the Parties. 24. Notices. All Notices which any Party must or desires to give hereunder shall be in writing and will be sufficiently given if delivered by personal delivery, by confirmed email, or by nationally recognized overnight courier service, postage prepaid, addressed to the Party to whom directed at the applicable address set forth below (unless changed by similar notice in writing given by the particular Party whose address is to be changed). Daddy E & B, LLC c/o Ely Perry 518 Plaza Blvd. Kinston, NC 28503 Email: Gray H. Sullivan Malcolm R. Sullivan, Jr. H. Gregory Sullivan 1550 Cuyler Best Road Goldsboro, NC 27534 Email: 25. Arbitration. Except as may be otherwise provided in this Agreement, in the event that any Party shall disagree with the other as to any matter concerning this Agreement, the Parties shall submit the matter to binding arbitration under the Revised Uniform Arbitration Act (the "Act," currently codified as Article 45C of Chapter 1 of the North Carolina General Statutes) or any successor Act. The Parties agree to one arbitrator. Upon a demand for arbitration, the Parties will attempt to mutually select an arbitrator, but if they fail to do so within two weeks from service of the demand for arbitration, the Page 9 of 10 arbitrator will be selected as provided in the Act. 26. North Carolina Law. This Agreement shall be governed by the laws of the State of North Carolina. N. Counterparts. This Agreement maybe executed in one or more counterparts, all of which together shall constitute one and the same original. TO HAVE AND TO HOLD the said Easements and other rights herein described, together with all privileges and appurtenances thereto belonging to each party and further, it is agreed that the Easements and terms of this Agreement shall run with the land and be binding on each party and their respective heirs, successors and assigns in perpetuity under the terms and conditions hereinabove stated, and subject only to the liens and restrictions of record prior to recording this document, if any. This Agreement shall be recorded in the Carteret County Registry and shall not be modified or amended without the recording of an Amendment executed by the then current owners of the property herein described. IN WITNESS WHEREOF the Parties hereto have set their hands and seals as follows: ("LLC") Ely Pp'Fry - "SULLIVAN" Gregory S twn Gra H. uUivan Date Page 10 of 10 Exhibit A LLC