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Home My WebLink About74751D - ZACCAMA / DREDGE & FILL NO. 74751 O ^- A B C D GENERAL PERMIT Previous permit # KNew DModification DComplete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality �1 and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 0 ' fr (� 0o 0 &00 1-1 Rules attached. Applicant Name VC Project Location: County #wdr/! '�jnQ/ Address I ( l t��(fY1(�5,5, - -f Street Address/ State Road/ Lot #(s) City � State�ZlP �4 pi a � 0�r-f -V Phone # ( ) n E-Mail ' :9 (MMGr� ,7&, Coll Subdivision Authorized Agent <' Cl a City / ZIP D'V--w Affected Cw >EW R-PTA ES W"s Phone # (�)� Q d River Basin kAk uK AEC s : L� OEA ❑ HHF ElIH El URA ❑ AdWtr. Body N/A '. N WIC () I y (nat � /unkn) ORW: yes /& PNA yes /0 Closest Maj. Wtr. Body--� CAL Type of Project/ Activity Pier (dock) length Fixed Platform(s) I S Floating Platform(s) Finger pie �(3.v Groin length" 2-e 4 40 number Bulkhead/ Riprap length''St) avg distance offshore _10 max distance offshore_ Basin. channel — cubic yards Boat ramp �+ Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length 3GO 4' SAV: not sure yes Moratorium: n/a yes t� Photos: yes fVb Waiver Attached: 0 A building permit may be required by: ( Note Local Planning jurisdiction) �, Notes/ Special Conditions IdAL.// e /Vt5 ) 71a COCAT/gH TOMN OF MRICHTSHCLE BEACH SEE P(ERHEAO LWE SCA(EO CB. 7R PC ru+ SUPS -SLIP 9— _ SLIP 7 SUPS Q SUPS N� - !SLIP 4 0 � SLIP 3 . 2 SLIP 2 SLIP 1 SUP 10 ji SLIP 11 IL1 Ord:`• ',i ,l(.• I1`1`r.0 , SUP 12 A E== rz - - y.: SLIP 13 I i .I SUP 14 � t? m SLIP 15, !I'. t.......h.i.l..i.lhI�iIlut..li�lj�li�l�jl-� i Age ��plicant Prin ame Signature ** Please rea omplianc tement on back of permit �� 599d Application Fee(s) Check # SUP ❑ See note on back regarding River Basin rules. hw 11.1"d - Permit Officer's Printed fame 00, ignature / Issuing bate Expiration Date r . I r AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of P(operly Ownei Requesting Permit Mading Address Phone Number: Email Address; to U c� 1 certify that I have authorized Ct V.-', N-la'a , clxrwanir to act or my belialf, for the purw%., of applying for arid obtaining all CAMA peanuts necessary for the folkyMng prorx)setl deve-iopir"it: at ny property localed at 'k I in Ael-, 0 L11- t, V, County i (tirthermore certify that / am authorized to grant. and do in foo grant Permission to Division of Coastal Managonient staff;he Local Permit Officer and their agents to enter , , on the aforementioned !arias in connection with eva)uatonq information reia!ed to this permit application. Properly )wiw..r Information: /. 91 ZA2.LLL Aftdaf- Print or Tvjio N,,vtr)f- ale -fit; this LefilfiCatIOn is valio through November 1, 2019 Wrightsville Yacht Club PO Box 1215 Wrightsville Beach NC 28480 To whom it may concern, Samuel Clary has been authorized as agent for Wrightsville Yacht Club to address all aspects of permitting and has the authority to sign on behalf of Wrightsville Yacht Club in regards to adjacent riparian property owner statement forms. Ernest McCallister Commodore Wrightsville Yacht Club 919-612-4255 R/W _._.._._.._.- - APPROXIMATE LOCA ____-�___�-��-�OF�WRlGNTSUILLE 77pN INTRACOASTAL WA TERWA TOWN Y BEACH P/ERHEAO L/NE SCALED SEE C.B. SLIP 8 78 Pt,. SLIP 4 _ 4 53 150.00' TOTAL NEW PROPOSED PIER ar SUP 7 yr eFr SLIP 10 +ar sr_. -- SLIP 6 15 y �3 A SLIP11 a JEWEL J ti • Zj 'PEAL ; f �%o'Z�N� � o SLIPS j � f I'� � SLIP 12 N = N a / AREA= w 23, 492t Sq. Ft. w SLIP 4 ! SLIP J of 3 0 N SLIP 3 h 2 SLIP 2 SLIP SUP 14 ° ti z-O 3 `• o n 0 SLIP 15 v d wr xre• ' "� SLIP BELOW ------------------------ i� 0 N_ h h 2 0 N ti b i i 55.66' a NJ44753 E , P49.7.3rTONL) v7 EDfiEOFVAVE._NEKI MARINA STRF( T�50' PUBLIC R/W) N + 2 MARINA STREET PIER LAYOUTS al� INIRACOASTAL WATERWAY APPROXIMATE COCA A=_TOWN OF=p175VILLE BEACH P ERHEAD LINE SCALED SEf Cam. 18 PC. • 48 SUP 17 5387493"W SLIP 1 Ir I 0000� �o F`op m IU I i AIAd ao: _ - ELECTRIC IX PANEL — P.O.L. RETAINING - WALL BRICK WALK O O 00 00 PRIVACY FENCE ALONG ¢_ I I' IN WALK / NOW OR FORMERLY STORAGE SERNCES LLC BOOK 255E PACE 512 - R/W NAIL IN WALK • 4.601 �BF(TOTAL) N2B'31'��E III$ sup 16 N � / 3i SLIP 15 42.45 N1%5�� E •'' /SLjP 14 '2'9 SLIP /3 V1I _IW 2. 1 55 Sp 11 2 � l a .50'55•w �2�.i ^.ZS SIP N3443'12E I f.97• N55,G42D"W - RAMP i{jl JyB4(roTAU $ I •i 151../ stN a ^ � SJ30a 51'W 19.n ZoNjJt,E�EI E 000/tON SLIP J 3 r" 0 .,. FL00 SJ5, 2'S1"w J .50' h SLIP 4 i AREA= sJ5VL- 19.8''i 23,492t Sq.Ft. —"—'— RVA SLAP 5 S35D2'51'WJ o 1.50' XF FLOATING DOCK ¢ SUP 6 Y' Ni ;E£ M.C. 18 PG 345 N35102$I E 19.83' TYPICAL) ---� 3 SLAP MI» SJ5WI BULKHEAD UNL7£R WOOD WALK /.50' 1 1.50' aIP B SLAP ICI ,Iy N3_SD2'SI EJ 5j61� 68 SUP 9 n N3435'40E 3115' 555D3^70E ` I N1213'58'E 9.01' N34 43'12E 95.77'(TOTAL) ELECTRIC PANEL 2 �VNI Ft. 'CONCRETE ^o CWA A 770 CA:AREA A GRPOUNB, E.i�j...,_ R 2 Y. ,. ",IJ'39'w h' WOOD FRAME ") UNIT 1 O j6' CONCRfTE� ON PILINGS CONCRETE SLAB 4,3621 Sq.Ft. PARKING �"�. = ENCLOSED N LE GROUND YEC \ H34'47'S!E - /YR73t"roTAL) ' ` DUNMPSTER CONWALK CRETE CONCRETE WALK 1 PAD WITH - DRIVEWAY - FENCE POWER MARINA SIREET(50' PUBLIC R/W) - POLE I CONCRETE PARKING (COMMON ELEMENT) SEE M.C. IS PM J48-349 - - — - - -R/W I J' WOOD FENCE ALONG B WOOD PRIVACY FENCE ALONG f CONCRETE SIDEWALK __ �`aJ�V � VJ NCINITY MAP NO SCALE N0R7H CAROLINA NFW HANDIER COUNTY BOUNDARIES NOT �O of NES PLOTTED FROM 5 PLAT WAS PRE'A A ANDARDS O" PRAC ��yZl]�IR(j G CARP ANA' W /Z GPEIgc/ONA SE NUYB:R AND NO" ., ry�� I.) rrlE Subic.' PROPERTY J QLS LE WIrHIN A SPEC/Ac FLOOD HAZARD AREA AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. SAID OESCRTBEO PROPERTY IS LOCATED WTHIN AN AREA HA WNG A ZONE DESIGNARCN 'AE'fn 11) BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (TEMA). O/ FANEL No. = FL 000 INSURANCE RATE MAP NO 3720I15700 K KITH A EFFEC11W DATE OF AUGUST 28, 2d FCW COAAIUNITY Nv � IN NEW HANCVLR COUNTY, STATE OF NLM� WRON IS THE C14WNT FLOOD INSURANCE RA MAP FOR THE W COMM1 TY /N WI/CH SAND PREMISES IS 9TUA7ED. 2) ALL DISTANCES ARE GROUND HORIZONTAL, 1) NO N.CGS FOUND 4! H 2200'. A) RLFERENGF.' .NRI£Y AND NAP SUB.ECT 70 ANY EASEMENTS Or RECORD: KIfCRMA WN MAT WOUND BE DISCLOSED BY A CURRENT ORE C4NMOL LI AL OF UNITED COMMON ELEMENT FOR SINS SEE A, C 18 PGS J4B-349 UNITED COMMON ELEMENTS NOTES 1.) THE INTENT OF THE LIMITED COMMON ELEMENT FOR SINS IS FOR EACH $LIP TO ACCESS j OF THE AO.KYN/NG Ft OATING DOCK AS WELL AS 1.5' Ar THE REAR OF DAr SUP TO ALLOW ACCESS TO THE ADJOINING PER/DOCX. 2) THE BEARINGS AND DISTANCES FOR THE LIMITED COMMON ELEMENTS BELOW WERE ESTABLISHED TO SHOW THE LIMITS OF LIM17ED CWMION ELEMENT AROUND SUPS FOP EACH UNIT. TWS DOE PRELIMINARY BECAUSE DOCKS AND PERS BONG SUB.ECT TO MOVEMENT BASED UPON REAMER COND/DOS 3) ALL PROPERTY CEPICIEO IS COMIW ELEMENT UNLESS 0INERMSE NOTED POOL a POINT ON UNC BOOK 2568 PA �1 CAP. EXISTING IRON PIPE BOOK 5297 PACE 1640 ¢ PROPERTY LRLE BOOK 6117 PACE 2813 ¢ CENTER UfE CONDO BOOK 18 LGE LIMITED C10AWM ELEMENT PAGES 348 IHRU N9 EJOSTTNG IMPERVIOUS SLWACE AREA: CONCRETE: 4.194t SgF1. ORA VEL: 11JSU SR.Ft. BPKX: 1861 SR.Ft. ro?A 37333 SRFt. Plat o7 Sunvy For LONELL A, 21MMER MARINA STREET YACHT CLUB CONDOMINIUM HARNETT TOWNSHIP NEW HANOWR COUNTY WRIGHTSVILLE BEACH, NORTH CAROLINA WGRAEL UNDERSOLD AND ASSOLIA7M PA MICHAEL N. UNOERWOCO, P.L.S NORTH CAR NA AND SOUTH CAROLINA! 102 CINEMA ORIIE, SUITE A WKMLNGTCN( NOPIN CAROANA 28405 PA: (910)815-G63a I". (910)ff15-aT9a E-II muo�bMlc.Tr.can 20 0 20 4D 1'-2 Y mAODIRE35: ? 4AI® RINA STREET 2019 MICHAEL UNDERWOOD I w4/F 1 or, and ASSOCIAIM PA XMSWsodl-< V-hcP,_Y cW b - Spryl CI a ADJACENT RIPARIAN PROPERTY OWNER STATEMENT hereby certify that I own property adjacent to Z AG 's /Alamo of Prnnnrhi rlwnnrl property located at # 7- on .1 C lO (Waterbody) 11 a ✓1 iVa �fivr,c t' (Address, Lot, Block, Road, tc.) in (,�) l itt Sv �I e cz L >.\ , (City/Town and/or County) N.C. The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. 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) 10 c(v c)--b WAIVER SECTION 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.) do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Stallrre � <( Z mrw� 1C Print or T e Name Mailin Addres W I l't' C) � $tate/Z l _ DO.N� Tele o e Number/email address Date (Adjacent Property Owner Information) Sig atul-e* P�qt or Tygqe Name r l�(). lSn14 /21S' Mailing Address (. �1 � I l t -?Y -- , � a�U�U City/st e/Zi Tele hon Number / email address ►�7N/c, Date* "Valid for one calendar year after signature' (Revised Aug. 2014) Postal CERTIFIED MAIL"' RECEIPT Ln Domestic rq CO '• ra _ fit, F— V Lr! Certified Mail Fee ,, _,(I I(I 0480 C� $ fl 11 Extra Services & Fees (check box, add ree ) nq O ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ 00 Q ❑ Certified Mail Restricted Delivery $ --�� Z 8 0 O ❑ Adult Signature Required $ $— VOID ❑ Adult Signature Restricted Delivery $ 0 Postage n $ Gtt'9 Total Postage and 7f! F.N. 45117 ri �b a N 'i Ill vp C12 c.tl N C t:) ky k b !i 00 :! O n n Y@ I L0 IT 00 00 O L.! i! S 00 !! n U N n CM It! ! +-� ! d ! @!i _ X Q O I— (() II It n W U O t- I I U Y �.: OC > Z OO OD II ! ! O In (fl X X -C 'ITI C) If:I :! W3 -Ol0 u u I N _ r Y I SO >,0) N - -4 Y r QAO ! J W S t o O> n u ! J(n000Nr-+ II n I O I r-+ U L -4 ! I ¢O @O (0 00 X: -- 00 @V X C7 Q r+ "a u HO¢O—O u u i I W(o >" OD •-�\ If-) 'QN UV (D _X000CD X00 M.•-I� @ QXV --Cl)H L- >QW COON u u W ! C-) CO 00 C) 11 !f ! ! I r� � N @ t1- 1 00 -O (n X 0 zft CD -^ .I H (00000 n n S(oW(n C) u n , ! ® W @-4 ! I .- J.IIO\ M-O CW YF-4XO Ofm 3 >X -• COW i7 n HNJ .-+ n n r ! f0 @rH -O *-I YO 34 - @ @7G �OUcc II = -•i .-+ II n u 3 > n n X: QU>O @ ! O --(n ••++ 7, LO @Q YN @O E YO (6Y (6 UOQY Y (a (Q U l0 IT -Q Z C > (O O (n 0 L E O IL- "a O OL C ¢ "? it 2 !! !! ! (O > @ (-5 DI-- N ,0(n 0 4) W . !I CJ II n ! I C E"Z @ @dr+ I M ! ! U L U Q.(a --Z !I H !r u O I Y ! UW OlY @ N 3-9)0 Wl!) ! (6 U aL"JH ii II 11 ! U I I 033tt1H-�Ot� COtn •• ! ! YUQ¢r-¢Qd F8�. 3 u u I 3 ! Y @ems. .. .. ~ v -^ .. L.. .. ! I - ..vt n II n n I -0 i <If CM ! O L L +1 L 3 ++ ■ Complete items 1, 2, and I ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: iveytot)soj I IIII' I�I IIIIIII I�I III'II I II IIIII 9590 9402 4782 8344 8576 28 2. Article Numhar (Tramfor f-- ^ J19 1640 0001 7251 8125 0 A. SI (� V ❑ Agent X ❑ Addressee B. Received by (Printed Name) C. Date of Delivery Al (,t SSA XOrtn- D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mail- Signature Restricted Delivery ❑ Registered Mail Restricted KAdult ertified Mails Delivery Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ElCollect on Delivery Restricted Delivery Signature ConfirmationTM ❑ Insured Mail El Signature Confirmation ❑ Insured Mal Restricted Delivery Restricted Delivery (over $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into as of the 51" day of August, 2019, by and between ZAC, LLC, a North Carolina Limited Liability Company, as Buyer, and Medici Propertles, LLC, as Seller. Seller and Buyer are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." For and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration. the receipt and sufficiency of the same which is hereby respectively acknowledged, the Parties do hereby agree as follows Buyer agrees to buy and Seller agrees to sell and convey all of that plot, piece or parcel of land, together with all improvements located thereon and such fixtures and personal property as are listed below, located in the City of Wrightsville Beach, County of New Hanover, State of North Carolina, being known as and more particularly described as approximately 0.70 acres having a street address of 2 Marina Street, as set forth in Exhibit A attached hereto and incorporated herein by reference (the "Property"). 1. CONDOMINIUM ACKNOWLEDGMENT. The parties acknowledge that: a) The Property ,s a condominium known as Marina Street Yacht Club Condominium and depicted on the plat recorded in Condo Book 18 at Pages 348-349 of the New Hanover County Registry, which condominium was formed in December 2016 by Sandra Overbeck ("Overbeck"), the Property owner of record, in accordance with Chapter 47C of the North Carolina General Statutes ("Condominium"); b) The Property is currently subject to the covenants, conditions and restrictions set out in that Declaration of Marina Street Yacht Club Condominium recorded in Book 6019 at Page 1187 and amended in Book 6030 at Page 1886, both in the New Hanover County Registry (as the same may be heretofore or hereafter amended, the "Declaration"); c) The Declarant (as defined in the Declaration) is The Docks at 2 Marina Street, LLC (the "Declarant"), by virtue of that certain Assignment of Declarant Rights executed by Overbeck as of December 19, 2016 and recorded on January 5, 2017 in Book 6028 at Page 2638 of the New Hanover County Registry (the "Assignment of Declarant's Rights'), d) Overbeck formed a Condominium unit owners' association under the name Marina Street Yacht Club Association, Inc. (the "Association") with certain rights and obligations in and to the Property as provided in the Declaration and in the bylaws adopted by the Association as of December 30, 2016 (the "Bylaws" and, together with the Declaration, the Assignment of Declarant's Rights and the Association's articles of organization, official rules and regulations, agreements, licenses, permits, books, records, budget, balance sheet, resolutions and/or orders, the "Condominium Documents"}. 2. PROPERTY. The Property to be sold by Seller and purchased by Buyer under the Contract consists of and Includes all of the following: a) The Condominium; u�' Page 2 of 11 b) All the land identified and described in Exhibit A, attached hereto and incorporated herein by reference (the "Land"); c) All buildings, structures, parking areas, driveways, walkways, fences, docks, piers, ramps, units, common elements and other improvements located in or on the Land (collectively, the "Improvements"), including, without limitation, the duplex and related improvements constructed on the upland area of the Property (the "Duplex") and the adjacent marina facility within the Land's riparian boundaries and containing, among other things, seventeen (17) boat slips, floating docks and piers (the "Marina"); d) All personal property owned by Declarant, the Association, or any member, manager, officer, director or representative of any of them, located at and used or usable in connection with the Property (the "Personal Property"); e) All powers, rights and interests of any kind or nature in or to any part of the Property belonging to (1) Declarant or any of Declarant's members, managers, officers, directors or representatives (collectively, the "Declarant's Rights"); (2) the Association and/or any of the Association's members, directors, officers, directors or representatives (collectively, the "Association's Rights"); (3) Overbeck; and/or (4) any person or entity other than Buyer; f) All transferable Permits (as hereinafter defined); Leases (as hereinafter defined); Agreements (as hereinafter defined); warranties; site plans; surveys; and other tangible and intangible assets or property pertaining, appurtenant or relating to all or any part of the Property (collectively, the "Additional Property"); and g) The Property does not include any personal property of Seller situated or located in the Duplex or Marina, including but not limited to household goods, furniture, electronics, or appliances. 3. PURCHASE PRICE. The purchase price is $4,300,000.00 (the "Purchase Price") EARNEST MONEY DEPOSIT. The earnest money deposit shall be $25,000.00 (the "Earnest Money Deposit"). which shall be paid by a bank check or wire transfer within five (5) business days of execution of this Agreement, to be deposited and held in escrow by Chicago Title Insurance Company ("Escrow Agent") until the sale is closed, at which time it will be credited to Buyer, or until this Agreement is otherwise terminated. The Earnest Money Deposit and any Due Diligence Period Extension Payment(s), as defined below, shall be held and disbursed in accordance with this Agreement. In the event: (a) this offer is not accepted; or (b) any of the conditions hereto are not satisfied, then the Earnest Money Deposit shall be returned to Buyer. In the event of a breach of this Agreement by Seller, upon Buyer's request the Earnest Money Deposit shall be returned to Buyer but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money Deposit shall be forfeited upon Seller's request, as Seller's sole remedy. BALANCE OF PURCHASE PRICE. The balance of the Purchase Price shall be pad in cash at Closing (as hereinafter defined). Buyer Initials --V/ Seller Initials PRORATIONS AND ADJUSTMENTS. Unless otherwise provided, the following items shall be prorated and either adjusted between the Parties or paid at Closing: (a) ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) ad valorem property taxes on personal property for the entire year shall be paid by Seller, unless the personal property is conveyed to Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis through the date of Closing; (c) rollback taxes; and (d) rents, if any, for the Property shall be prorated through the date of Closing. 7. CLOSING EXPENSES. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement, and for excise tax (revenue stamps) required by law. Buydr shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Closing. 8. EVIDENCE OF TITLE. Seller agrees to use its best efforts to deliver to Buyer, as soon as reasonably possible after the acceptance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorneys opinions on title, surveys, covenants, deeds, notes, mortgages, deeds of trust and easements relating to the Property. 9. CONVEYANCE. Seller hereby covenants and agrees to convey the Property to Buyer, its successors and assigns, in fee simple by general warranty deed, free from all defects, liens, and encumbrances, except such as are herein agreed to be assumed. 10. LABOR AND MATERIAL. Seller shall furnish at Closing an affidavit and indemnification agreement form satisfactory to Buyer showing that all labor and materials, if any, furnished to the Property within 90 days prior to the date of Closing have been paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. REASONABLE ACCESS. Seller will provide escorted access to Buyer or Buyer's representatives for the purposes of conducting an appraisal, inspection, soil boring tests, environmental studies, surveys, and other tests on any portion of the Property at Buyer's sole cost and expense with reasonable advance notice to Seller, Buyer or Buyer's representatives must have Seller escort at all times while on the Property prior to closing 12. UTILITIES. City water, city sewer, gas, telephone and electricity utilities are available to said Property. 13. ZONING. Seller represents to Buyer that to the best of Seller's knowledge the Property remains zoned as provided in Exhibit B and Buyer represents that said zoning is acceptable for Buyer's intended use of the Property. 14. WETLANDS. Seller is unaware of, but makes no representation to Buyer with regard to, the existence of any "wetlands" on said Property, as defined by any federal, state or local authority. 15. ENVIRONMENTAL STUDY. This Agreement is contingent upon an environmental study(ies) being performed on the Property, at Buyer's expense, which shall indicate that the Property is environmentally clean and asbestos free_ At its cost and expense, Buyer agrees to furnish Seller any findings, reports or documentation of any kind, to wit Buyer Initials: Page 3 of 11 Seller Initials. environmental contamination and/or asbestos contamination exists upon the Property, Seller shall have the option to cancel this Agreement upon such showing by Buyer and Buyer's Earnest Money Deposit shall be returned to Buyer upon Seller cancellat'on, Buyer shall have no obligation for any cost or expense of cleaning up any environmental contamination and/or asbestos contamination if Seller cancels this Agreement. 16. LEASES. Attached hereto as Exhibit C and incorporated herein by reference is a rent roil (the "Rent Roll") containing a true, correct and complete schedule of all of the written and unwritten leases and occupancy agreements, including all amendments and modifications thereto, which presently affect the Property or any part thereof (collectively, the "Leases"). In addition, the Rent Roll contains various other information pertaining to the Leases, including, but not limited to, the amount and location of security deposits, all of which information is accurate and complete in all material respects. Except as specified on the Rent Roll: (1) all rental and other payments due under such Leases as of the date thereof have been paid in full, and there are no other material defaults by any party under any of the Leases, and (2) no rents or other deposits are held by Seller, except security deposits described on the Rent Roll or prepaid rent for the current month. There are no unpaid commissions, finder's fees or other compensation payable to any person, entity, or agent with regard to the execution of any of the Leases. Any and all work, decorating, painting, renovation, tenant improvements, and construction required to be done by the Seller under the provisions of any Leases have been completed and paid for in full. The copies of the Leases which have been, or prior to Closing will be, delivered by Seller to Buyer hereunder are and will be true, correct and complete copies of all of the Leases affecting the Property. 17. DUE DILIGENCE PERIOD. Buyer shall have a forty-five (45) day time period (the "Due Diligence Period") after the date of the last execution and initialing of any changes to this Agreement within which to make an examination of the Property, perform such tests, surveys, studies, and seek such approvals as Buyer may deem reasonable or appropriate. Buyer may terminate this Agreement for any reason or no reason during the said Due Diligence Period by providing Seller with written notice of termination. In the event of a termination by Buyer during the Due Diligence Period, the Earnest Money Deposit made by Buyer to Escrow Agent will be refunded to Buyer by Escrow Agent no later than three (3) business day following such termination of this Agreement; and following such termination and refund of the Earnest Money Deposit, neither Party shall have any further rights or obligations hereunder. No notice to Escrow Agent from Seller shall be required for the release of the Earnest Money Deposit and the Earnest Money Deposit shall be released and delivered upon Escrow Agent's receipt of Buyer's termination of this Agreement pursuant to this Section 17 18. CLOSING. Closing shall take place within fifteen (15) days following the expiration of the Due Diligence Period, as set forth in Section 17 above, (the "Closing"). The Parties agree to execute any and all other documents and papers reasonably necessary in connection with the Closing and transfer of title at a place designated by Buyer. 19. BROKER. Seller represents that it is not being represented by a broker in connection with this Agreement (the "Seller's Broker"). Buyer represents that it is not being represented by a broker in connection with this Agreement (the "Buyer's Broker"), 20. NO NEGOTIATIONS. During the term of this Agreement, as the same may be extended, Seller shall not enter into negotiations with a third party or enter into any contractual relationship with a third party for the sale or lease of the Property. Buyer Initials: Page 4 of 11 Seller Initials 21. POSSESSION. Unless otherwise provided herein, possession shall be delivered at Closing. 22. RISK OF LOSS. The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Agreement by written notice delivered to Seller and the Earnest Money Deposit and Due Diligence Period Extension Payment(s) shall be returned to Buyer. In the event Buyer does not elect to terminate this Agreement, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. 23. ASSIGNMENTS. Buyer has the right to assign this Agreement to an entity comprised of the same or similar ownership of Buyer but not to an unrelated third party with Seller's express written approval. 24. PARTIES. This Agreement shalt be binding upon and shall inure to the benefit of the Parties, i.e., Buyer and Seller, and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 25. SURVIVAL. If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the Parties hereto until fully observed, kept or performed. 26. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the Parties and there are no representations, Inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by the Parties. 27. COUNTERPARTS. This Agreement shall become a binding contract when signed by both Buyer and Seller. This Agreement may be executed in several counterparts each of which shall be deemed an original, and all such counterparts shall together constitute one instrument. The exchange of copies of this Agreement and copies of signature pages by email or attachment of a scanned electronic copy to email shall constitute effective execution and delivery of such document as to the Parties and may be used in lieu of the original for all purposes. Signatures of the Parties transmitted by email or attachment of a scanned electronic copy to email shall be valid, enforceable, and binding as an origina signature for all purposes. 28. GOVERNING LAW. This Agreement, as well as the Parties' rights and obligations hereunder, shall be in all respects interpreted, enforced, and governed by and under the laws of the state where the Property is located, notwithstanding the conflicts of law. 29. ENFORCEABILITY. If any provision of this Agreement is held to be invalid void, or unenforceable, the balance of its provisions will, nevertheless remain in full force and effect and will in no way be affected, impaired, or invalidated. Page 5 of 11 Buye mCals: Seller In;tials: ►" 30, CAPTIONS. Captions and headings throughout this Agreement are for convenience and reference only, and they shall not define, limit, modify, or add to the interpretation or meaning of any provisions of this Agreement or in any way affect the scope, intent, or effect of this Agreement. 31, TIME IS OF THE ESSENCE. Time is of the essence in this Agreement and each of the covenants and provisions contained herein. 32. INTERPRETATION PRESUMPTION. This Agreement has been negotiated by the Parties and by the respective attorneys for each Party. The Parties represent and warrant to one another that each has, by counsel or otherwise, actively participated in the negotiation and preparation of this Agreement for execution. In the event of a dispute conceming and interpretation of this Agreement, each Party waives the doctrine that an ambiguity should be interpreted against the Party who drafted this Agreement. 33. NOTICES. All notices required or permitted hereunder shall be given or served (a) by depositing the same in the United States mail, postage paid, certified and addressed to the Party to be notified, with return receipt requested, (b) by using a nationally recognized courier (such as Federal Express or UPS), or (c) by email, provided that confirmation thereof is also delivered by United States mail or by a nationally recognized courier, and shall be addressed as follows. AS TO SELLER: Medici Properties, LLC Attn: Mike Medici 323 Cash Memorial Boulevard Forest Park, GA 30297 (404) 675-1950 mikemedici@premiertransportation.com and a copy to: Medici Properties, LLC Attn: Nic Greco, Esq. 323 Cash Memorial Boulevard Forest Park, GA 30297 (404) 675-1950 ngreco@premiertransportation.com AS TO BUYER: ZAC, LLC Attn. Jeffrey L. Zimmer 111 Princess Street Wilmington, NC 28401 Telephone. 910-763-4669 E-mail. jeffreyzimmer@zdc com and a copy to: ZAC, LLC Emily Zimmer Moree, Esq. Page 6 of 11 Buyer Initials: Seller Initials 111 Princess Street Wilmington, NC 28401 Telephone. 910-294-8216 E-mail. emilymoree@zdc.com AS TO ESCROW AGENT: Chicago Title Insurance Company Attn. Jennifer Bolton 2601 Iron Gate Drive Suite 102 Wilmington, North Carolina 28412 Telephone. 910-772-5490 E-mail. jemilfer.bolton@ctt.com Notice provided by United States mail or by a nationally recognized courier in the manner hereinabove described shall be effective on the date indicated on the return receipt or delivery service records as having been given. If delivery is refused or not able to be made, the day delivery was first attempted shall be deemed the delivery date. Notice by email in the manner hereinabove described shall be effective the next business day after such email is sent. A Party's address may be changed by written notice to the other Party pursuant to this Section 33. 34. CALCULATION OF TIME. All calculations of time shall exclude the day of the event that triggers the period; shall count every day, including intermediate Saturdays, Sundays, and legal holidays; and shall include the last day of the period, but if the last day is a Saturday, Sunday or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday. (SIGNATURE PAGE FOLLOWS) Page 7 of 11 Buyer Initials: Seller Initia Medici Properties, LLC ("Seller") C�— �C ' (Seal} Printed Name: Michael P. Medici Title: Authorized Member Date: I c t y Page 8 of 11 ZAC, LLC ("BuyerA") (Seal) Printed Na Title Date „ Buyer Initials T Seller Initial .�/ " Exhibit A BEGINNING at a point in the southern edge of the North Carolina State Highway right-of-way across the causeway from Wrightsville Sound to Harbor Island, said point being North 51 degrees West 559.7 feet from a stone in said highway right of way, and said stone being also in the eastern right-of-way line of the Intracoastal Waterway, and said beginning point being also in the western edge of a 50 foot street called Marina Street; thence from said beginning and with said Marina Street South 39 degrees West 150 feet to a point in the western edge of Marina Street; thence North 51 degrees West approximately 200 feet to the northern edge of the Intracoastal Waterway thence with the northern edge of the Intracoastal Waterway North 42 degrees 27 minutes Ease approximately 150 feet to the southern edge of the North Carolina State Highway right-of-way; thence with the southem edge of the said North Carolina State Highway right-of-way South 51 degrees East 192.70 feet to the point of Beginning. Also being all of the property known as Marina Street Yacht Club Condominium shown on map recorded in Condo Book 18, Pages 348-349, New Hanover County Registry. Page 9 of 11 Buyer Initials Seller InFtia�s/ / Exhibit B Zoning Verification Letter Page 10 of t 1 Buyer Initials. Seiler Initials 6�— J° y TOWN OF WRIGHTSVILLE BEACH DEPARTMENT OF PLANNING & INSPECTIONS 3 r 321 CAUSEWAY DRIVE P.O. BOX 626 _ WRIGHTSVILLE BEACH, N.C. 28480 N. C. December 19, 2016 Ward and Smith P.A. Sandra Overbeck 2 Marina Street Wrightsville Beach, NC 28480 RE: Zoning Veriteation Request — 2 Marina Street, Wrightsville Beach, NC Parcel ID: R05714-006-002-000 Ms. Jennifer Roeder and Ward & Smith P.A.: This letter is in response to your request for a Zoning Verification Letter regarding the property located at 2 Marina Street in Wrightsville Beach, North Carolina. The Parcel ID for this property is R05714-006-002-000 according to the New Hanover County G1S records. The property is located within the C-3 Commercial Zoning District of the Town which allows for marinas, retail, and other commercial services. According to a survey found in our files by ,w Hanover Design Services this propetty is approximately This exceeds the minimum lot size requirement of 10,000 square feet for the C-3 Commercial District. The minimum lot width is 50 ft for permitted uses and 100 ft for conditional uses. The setback requirements within the C-3 Commercial District are as follows: 15 ft front setback for permitted and conditional uses, 20 ft side yard setback for conditional uses and 7 '/ R setback for permitted uses, and a 20 ft rear yard setback for conditional uses and 7 '/2 ft setback for permitted uses. The maximum height of a structure located within the C-3 Commercial District is 40 feet which is measured from the centerline of the street. The duplex located at 2 Marina Street is considered a non -conforming use as single family and duplex homes are not listed as either permitted or conditional uses in the C-3 Commercial District. The Table of Permitted/Conditional Uses can be accessed via the Town's website +4z%,%v.to%%mof%%Ti2htsvillebeach.com by clicking on the Code of Ordinances link or directly via this lam. This duplex is required to have four off-street parking spaces located on site. The existing boat slips can only be sold if the use of the property is convened to a boataminium. According to the FRIS NC map the structure appears to be located within the VE 16 flood zone this means that the lowest horizontal structural member is required to meet an elevation of 16 feet (14 ft + 2 ft freeboard requirement). Flood zones and applicable flood ordinances are subject to change, please review the preliminary flood maps at http://fris.nc.'`ov for additional information on proposed flood map changes. P Planning Department TOWN OF WRIGHTSVILI.F BEACH DEPARTMENT OF PLANNING & INSPECTIONS 321 CAUSEWAY DRIVE P.O. BOX 626 WRIGHTSVILLE BEACH, N.C. 28480 This zoning verification document is not all-inclusive. Furthermore, these regulations are subject to change. Additional, ordinance and regulatory requirements such as storm -water runoff retention, flood ordinances, and building code, are reviewed before a zoning or building permit is issued. For a more detailed analysis of development requirements, please submit preliminary plans to the Department of Planning and Inspections for further review and commentary. If you have any further questions or concerns please feel free to contact me at 910-239-1748 or at zsteffey@towb.org. Respectfully, °� Zachary Steffey Town Planner cc: Tony Wilson, Director of PIanning & Parks Exhibit C Leases and Rent Roils Buyer Initials Page 11 of 11 Seller initials Dare Reeelved Dab Deposited Ch.ck Fr Mr am. Na.. oFP—it Folder V dor Chock Number Ch.ck ount P—nif Numbe//Commenrs R or RNund1Real1ocatad C.k—I Coh-2 C.kam9 Co/urnM Columns Column$ Co1umn7 Columne Cakunn9 11722l2019 11/22/2019, Zimmer Management Copmarly ZAC LLC South State Bank 59W S 600.00 GPi74751D PA pot. 8512 117222019 11/2212019', Robert W Nation 1122/2019 Southern NC Marine LLC Robert Nation 41nir Federal Cre6t Union First Bank 1962 S 200.00 GP174551D TMC ret. 9504 D507 Warwick Farms LLC 1221 S 200.00