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
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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.
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Address Street Address/ State Road/ Lot #(s)
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ORW: yes / 66 1 PNA yes / no
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Agent orgyp ; licant Printed Name
Signature `Please read compliance statement on back of permit"
Application Fee(s) Check #
Permit Officer's Printed Name
Signature
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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
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Ui
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RECEIVED
APR 0 2 Z0ls
DCM-MHD CITY
Z�
NOTES
1. ALL 00$MW .9 ARE I,,,ZONM GROIMD ,IIEASU/1EMLT/IS
w FEET & OFtiMM3 INEREOF, UNLESS ODIERME .NDTDA•
T. NO VOURES ARE SNOWN ON w SURVEY.
J. AU MPR0ILMENIS ARE NOT S w ON R96 SURi•FY.
' Z
w
Q) J
RW_ �Q
CN
� N O
LEGEND
Rf{Y - RIGHT OF WAY
EIS - EXISTTNG IRON STAKE
MAG - MAGNENC READING
47P - EXISTING AWN PIPE
NIP - NEW IRON PIPE
MOR - MINIMUM BUILDING
SEMCK LINE
(CC) - CONTROL CORNER
BRICK ORIYE
— - - — = ADJOINING PROPERTY vRE
Y
L_ __ I' 9a Sow
EVANS STREET
60' PUBLIC R/W
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STATE OF NORM GL4IXRM CMTEREI C01/N)Y & IUD eDUN(NWY - )' MWINUY BLRD9IG UNE RWNOLAY' - IS' MINBk1M BWLIXNC LKfF
1 RLYMy, OFOCER OF lu °• L_ �5' M$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
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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