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HomeMy WebLinkAbout74632D - Litcher���! � "' �!'�c n ail �:: � �/�i -- .�,� v� gn rnvelope ID: 504EBECA-B10B-4E14-BA41-818748240129 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Jade & Cathi Litcher 's property located at 1000 Gaye Ave (Name of Property Owner)''- TO sail Sound (Address, Lot, Block, Road, etc.) on P ,in Topsail Beach N.C. (Waterbody) (City/Town and/or County) Th"�plicant has described to me, as shown below, the development proposed at the above iocat IJ� 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 See attached Plan/Site Drawing WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set b, minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to w th aback, you must initial the appropriate blank below.) kr I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Docu Signed by by: �a�c of C*m"c r6 , Jade &Cathi LitcherRose Print or T pe Name Print or Type Name 1000 Gyaye Ave 820 S. Anderson Blvd DETAIL VIEW BOTTOM WALER JOINT DETAIL VIEW PROPOSED SEAWALL PLAN VIEW FRONT VIEW SIDE VIEWY ��..�. SEAWALL DESIGN - TYPICAL DETAIL VIEW ANCHOR SHAFT & TIEROD CONNECTION Nr«.1� �,,,� i �memmrxaautcw. aim vaw o.mrw.uw.r nrm.wawrur "8E1M"emr _ o.m.wvrwar �J mrarwrww .o�,..o..u..vua 'am •1•_' °.r} TM new FRONT VKW RO�L4,•.,r TOP VIEW RfJLL,•.1� JADE LITCHER PROPERTY +� 1000 Gaye Avenue Z=.111�..W.... Topsail Beach, North Carolina ' ....-..- Proposed Seawall Design and Layout Plan View, Design and Detail Views 3n Envelope ID 4BBOF5EF-2520-4598-9C4A-42B9E78FC83D ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to property located at 1000 Gaye Ave Jade & Cathi Litcher ,s (Name of Property Owner) To sail Sound (Address, Lot, Block, Road, etc.) on P , in Topsail Beach N.C. (Waterbody) (City/Town and/or County) T-hooapplicant has described to me, as shown below, the development proposed at the above locati I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing, See attached Plan/Site Drawing WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set bai minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to w the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information) Docu igned by �� Docu Signetl by: ��4 Y �J - 4AI �PWINMUD2 Jade & Cathi Litcher ETSzabeth Youngblood Print or T pe Name 1000 Gyaye Ave 9V Gay2' A Name DETAIL VIEW BOTTOM WALER JOINT ormraaa TM VIEW PLAN VIEW DETAIL VIEW PROPOSED SEAWALL wu:r.w- rKum i view i SIDE VIEW SEAWALL DESIGN • TYPICAL rROMT VI[W DETAIL VIEW ANCHOR SHAFT & TIEROD CONNECTION L� am vaV1 JADE LITCHER PROPERTYm�.�-�>� 1000 Gaye Avenue Topsail Beach, North Carolina .... �� Proposed Seawall Design and Layout Plan View, Design and Detail Views 3n Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND (Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involve; the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construetior (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Constructior Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and an} addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to eact term. (a)"Seller": Town ortopsalaaach (b) 'Buyer": Aft J. LAchw and wire, Cathryn W. LAdW (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A I 1-T) with this offer. Street Address: PT L15 PB 42/114 DIV FOR TOWN OF TB City: TOpsail Beach Zip:25445 Count Pan der _ - y North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit PT 15 , Block/Section , Subdivision/Condominium , as shown on Plat Book/Slide 114 The PIN/PID or other identification number of the Property is: Other description: Plat DG420114 Some or all of the Property may be described in Deed Book 1543 (d) "Purchase Price": $ 35,000 $ TOpaail Beach Von" at Page(s) 571 at Page paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by O cash O personal check O official bank check O wire transfer, O electronic transfer, EITHER O with this offer OR O within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THE ESSENCE. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). BY SELLER FINANCING in accordance with the attached Seller Finanrina In Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should aril check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shal have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. It the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other carries monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be depositec and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. In the event: (I) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Eames Money Deposit shall be refunded to Buyer. In the event of breach of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. It the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller'! sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 2(c) and 2(d) for damage to the Property or Seller's right to retain the Due Diligence Fee. It is acknowledged by the parties that payment of the Eamest Mone) Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Sellei shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the othee to recover the Earnest Money Deposit, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorney fees and court costs incurred in connection with the proceeding. (f) "Escrow Agent" (insert name): n/a NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow, a licensed real estate broker ("Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker or an attorney licensed to practice law in North Carolina ("Attorney") is holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. THE PARTIES AGREE THAT A REAL ESTATE BROKERAGE FIRM ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (g) "Effective Date": The date that: ( I ) the last one of Buyer and Seller has signed or initialed this offer or the final counteroffer, if any, and (2) such signing or initialing is communicated to the party making the offer or counteroffer, as the case may be. The parties acknowledge and agree that the initials lines at the bottom of each page of this Contract are merely evidence of their having reviewed the terms of each page, and that the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described in Paragraph 2 below, to decide whether Buyer, in Buyer's sole discretion, will proceed with or terminate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract for Buyer's right to terminate the Contract for any reason or no reason during the Due Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-refundable except in the event of a material breach of this Contract by Seller, or if this Contract is terminated under Paragraph 6(m) or Paragraph 9, or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as to the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the intent of the parties to create a legally binding contract for the purchase and sale of the Property without regard to the existence or amount of any Due Diligence Fee. ign Envelope ID'. 9CEF9843-A982-4DD2-9192-4F77926B7B73 (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transactic contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, ar the closing attorney's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on TBD _(the "Settlement Date"), unless otherwise agreed in writing, at a time and place designated by Buyer. (m) "Closing": The completion of the legal process which results in the transfer of title to the Property from Seller to Buyer, whic includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Proper following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation the appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonably possible f the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordant with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title update shou reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all necessai funds, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closir constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State la prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents mE perform limited services in connection with a closing, they may not perform all the acts and services required to complete closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the Nor Carolina Bar Association and the North Carolina Association of REALTORS" that all buyers should hire an attorney licensed North Carolina to perform a closing. (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurrir governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), eithi of which may be a lien against the Property. A Special Assessment may be either proposed or confirmed. "Proposed Special Assessment": A Special Assessment that is under formal consideration but which has not been approved prie to Settlement. Whether payable in a lump sum or future installments. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether payable in a lurr sum or future installments. NOTE: Any Proposed and Confirmed Special Assessments must be identified by Seiler in paragraph 5(b), and Buyer's and Seller respective responsibilities for Proposed and Confirmed Special Assessments are addressed in paragraphs 4(a) and 6(k). 2. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENC PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, pric to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NO OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration c the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Perio will constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materiall comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of thi Contract or North Carolina law. (a) Loan: Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of the Loan if any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining a Loan. Therefore, Buyer is advised to consu with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to b 1n Envelope ID 9CEF9843-A982-4DD2-9192-4F77926B7B73 (i) Soil And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit, restrict or limit Buyer's intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (I ) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing Improvement Permit, (3) the availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage system. (iii) Water: Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or (4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water well. (iv) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision. If the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association And Addendum (Standard Form 2A 12-T) provided by Seller prior to signing this offer. It is also recommended that the Buyer determine if the owners' association or its management company charges fees for providing information required by Buyer's lender or confirming restrictive covenant compliance. (v) Appraisals: An appraisal of the Property (vi) Snrvey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, setbacks, property boundaries and other issues which may or may not constitute title defects. (vii) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase flood insurance in order to obtain the Loan. (ix) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including electric, gas, communication services, storm water management, and means of access to the Property and amenities. (x) Streets/Roads: Investigation of the status of the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(s)/road(s) are public or private, (2) whether any street(s)/road(s) designated as public are accepted for maintenance by the State of NC or any municipality, or (3) if private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any maintenance agreements. NOTE: NC General Statutes Section 136-102.6(f) (the "Statute") requires that under circumstances described in the Statute, a buyer must be provided a subdivision streets disclosure statement prior to entering into an agreement to buy subdivided property described in the Statute. If Buyer or Seller are uncertain whether the sale of the Property described in this Contract is subject to the Statute, consult a NC real estate attorney. (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract. (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof. (e) Buyer's Right to Terminate: Buyer shall have the right to terminate this Contract for any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice") during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE If Buyer timely delivers the Termination Notice, this Contract shall be terminated and the Eamest Money Deposit shall be refunded to Buyer. (f) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRITING. n Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7873 NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. —NOT E: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation frorr Buyer which demonstrates that Buyer will be able to close on the Property without the necessity of obtaining a new loan. (b) Other Property: Buyer ❑ does O does not have to sell or lease other real property in order to qualify for a new loan or tc complete purchase. NOTE: If Buyer does have to sell, Buyer and Seller should consider including a Contingent Sale Addendum (Standard Form 2A2 T) with this offer. (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances o conditions existing as of the date of this offer that would prohibit Buyer from performing Buyer's financial obligations in accordance with this Contract, except as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Responsibility for Proposed Special Assessments: Buyer shall take title subject to all Proposed Special Assessments. (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: (i) any loan obtained by Buyer, including charges by an owners association and/or management company as agent of an owners association for providing information required by Buyer's lender; (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of th4 Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, such as "move -in fees"; (iii) determining restrictive covenant compliance; (iv) appraisal; (v) title search; (vi) title insurance; (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any othe settlement statement; (viii) recording the deed; and (ix) preparation and recording of all instruments required to secure the balance of the Purchase Price unpaid at Settlement. (c) Authorization to Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closin; attorney: ( t) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to release and disclos any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to thi transaction, their real estate agent(s) and Buyer's lender(s). 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: 0 has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. (b) Assessments: To the best of Seller's knowledge there ❑ are 0 are not any Proposed Special Assessments. If any Propose Special Assessments, identify: Seller warrants that there ❑ are D are not any Confirmed Special Assessments. If any Confirmed Special Assessments, identify NOTE: Buyer's and Seller's respective responsibilities for Proposed and Confirmed Special Assessments are addressed i. paragraphs 4(a) and 6(k). 3n envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 'VOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period doe. not relieve the Seller of their obligation to deliver good title under this paragraph. NOTE: If any sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standarc Form 2A 14-T) as an addendum to this Contract. i The deed is to be made to: 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date o Settlement and either adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes and recurring governmental service fees levied with such taxes on real property shal be prorated on a calendar year basis; (b) Rents: Rents, if any, for the Property; (c) Dues: Owners' association regular assessments (dues) and other like charges. 8. CONDITION OF PROPERTY AT CLOSING: Buyer's obligation to complete the transaction contemplated by this Contract shal be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wo-ar anti tear eYrented 3n Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 10. DELAY IN SETTLEMENT/CLOSING? Absent agreement to the contrary in this Contractor any subsequent modification theretc if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith an with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complet Settlement on the Settlement Date ("Non -Delaying Party") then the Delaying Party shall give as much notice as possible to the Non Delaying Party and closing attorney and shall be entitled to a delay in Settlement. If the parties fail to complete Settlement and Closin, within fourteen (14) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or ti otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying Party ma terminate this Contract and shall be entitled to enforce any remedies available to such parry under this Contract for the breach. 11. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, includin security codes, gate openers, electronic devices, etc.) shall be delivered at Closing as defined in Paragraph 1(m). No alterations excavations, tree or vegetation removal or other such activities may be done before possession is delivered 12. ADDENDA: CHECK ALL STANDARD ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACF HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. 9 Additional Provisions Addendum WxwxK)b6dduU ❑ Additional Signatures Addendum (Form 3-T) ❑ Back -Up Contract Addendum (Form 2A1-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Owners' Association Disclosure And Condominium Resale Statement Addendum (Form 2Al2-T) 0 Seller Financing Addendum (Form 2A5-T) ❑ Short Sale Addendum (Form 2A14-T) Q Identify other attorney or parry drafted addenda: This offer does not obligate the Town to warrant title or the condition of rmhn etc., i.e. the Town to convey lot "as is". NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA T( THIS CONTRACT. 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all parties except in connection with a tax deferred exchange, but if assigned by agreement, then this Contract shall be binding on the assignee and assignee's heirs and successors 14. TAX -DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with th, conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Buyer and Seller shall execute such additiona documents, including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be requires to give effect to this provision. 15. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neute genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed aRe the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept o performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducement or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by al parties. Nothing contained herein shall alter any agreement between a REALTOR' or broker and Seller or Buyer as contained in an! listing agreement, buyer agency agreement, or any other agency agreement between them. I S. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by thi. Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or -w...-..wn1..--:................................L - L.:.. !`..-. -....— A.-.....-.w...- ___.._.__a.__—__.l_______..-_J._--____-_,_._-_A, ____ In Envelope ID 9CEF9843-A982-4DD2-9192-4F77926B7B73 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the samr instrument. 20. COMPUTATION OF DAYSITIME OF DAY: Unless otherwise provided, for purposes of this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and holidays, whether federal, state, local or religious. For the purpose: of calculating days, the count of"days" shall begin on the day following the day upon which any act or notice as provided in this Contrac was required to be performed or made. Any reference to a date or time of day shall refer to the date and/or time of day in the State of North Carolina. THE NORTH CAROLINA ASSOCIATION OF REALTORS", INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NC REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timel) deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. 5/2/2019 Date: Date: Buy r:, Uf Seller Date: Date: DoccuS__igned by: 11 Buy r:b&j t wt, � ldt( GLttehx Seller:, _ C7 C268C B89646E_. Entity Buyer: Entity Seller Town of Topsail Beach (Name of LLC/Corporation/Partnership/Trust/etc.) �Nam� of LLC/Corporation/Partnership/Trust/etc.) Doc igned y: By: Name 3gfthA"9Ro s e Name: Title: Title: Town Manager Date: Date: 5/2/2019 WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. 1k11r.rCTLVD Vnrr ADC A DrrVCD AD A CUT i CD V/111 C"f'%FR M f-Af IT TL V /1T �C►XJl ♦'M TI1I WIV �r.rr— ♦- 3n Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 NOTICE INFORMATION NOTE: INSERT AT LEAST ONE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT"WA" FOR ANY WiRCI- ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: 1000 Gaye Avenue Topsoil Beach NC 25445 SELLER NOTICE ADDRESS: Mailing Address: 820 S. Anderson Blvd. Tops" Bosch NC 26445 Buyer Fax #: Seller Fax #: Buyer E-mail: Seller E-mail: CONFIRMATION OF AGENCY/NOTICE ADDRESSES Selling Firm Name: Listing Firm Name: Acting as O Buyer's Agent O Seller's (sub)Agent O Dual Agent Acting as O Seller's Agent 0 Dual Agent Firm License#: Firm License#: Mailing Address: Mailing Address: Individual Selling Agent:_ Individual Listing Agent: Q Acting as a Designated Dual Agent (check only if applicable) 0 Acting as a Designated Dual Agent (check only if applicable) Selling Agent License#: _ Listing Agent License#: Selling Agent Phone#: _ Listing Agent Phone#: Selling Agent Fax#: a Listing Agent Fax#: _ Selling Agent E-mail: Listing Agent E-mail: [THIS SPACE INTENTIONALLY LEFT BLANK] In Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 EXHIBIT A gn-Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 ADDITIONAL PROVISIONS ADDENDUM 7E: All the provisions below are a part of the Offer to Purchase and Contract and will be reflected in the _ RESERVED EASEMENT: Seller shall retain a perpetual Easement in Gross for vehicular ingres egress by municipal vehicles (including vehicles of municipal contractors or agents) over that portic the Property depicted by hashmarks on Exhibit A, which is attached hereto and incorporated herev reference (the "Retained Easement Area."). _ REPAIR OBLIGATION: Buyer acknowledges and agrees that the rock and concrete fill are bulkhead along the western edge of the Property (following the high-water line of the Topsail Sou shown on that certain map recorded in Map Book 42, Page 114 needs repair (the "Bulkhead" consideration for this Contract, Buyer may: A. Complete the repair of the Bulkhead, so that the uplands of the Property (including b limited to the Retained Easement Area) are protected from deterioration that would interfere vehicular traffic on Gaye Street, and Transfer of Title will take place upon completion of the repair: of payment of the Purchase Price set forth in Suction L(d) of this Agreement; or B. Pay the Purchase Price in cash at Settlement, in which case Seller will also re TEMPORARY CONSTRUCTION EASEMENT to allow Seller to enter onto the Property and cc repairs to the Bulkhead. Approvals for all repairs must be obtained upon inspection by the Town of Topsail Beach Bu Inspector and any other applicable governmental permitting agency. _ RESTRICTIVE COVENANT AND REVERSIONARY CLAUSE: As part of the consideration fi Contract, and as a perpetual covenant running with the land (Property), Buyer agrees to mainta Bulkhead at the sole expense of the Buyer, his heirs, successors and assigns, so that the uplands Property (including but not limited to the Retained Easement Area) are protected from deterioratic would interfere with vehicular traffic on Gaye Street. _ REVERSIONARY CLAUSE: Buyer and Seller stipulate that the Seller is concerned that the bul along the Property be maintained to protect public safety and prevent interference with vehicular on Gaye Avenue. The parties agree that if a contractor acting on behalf of Seller concludes th bulkhead poses a public safety risk or could interfere with traffic on Gaye Avenue, the Seller wi written notice to the current owner of the Property (the identity of the owner and address bein available from the Pender County Property Tax Office), and should the owner fail to remedia Bulkhead within sixty (60) days after written notice was sent to owner, then title to the Retained Eas Area will revert to Seller. In the event of such reversion, Buyer (his heirs, successors and aE acknowledges, understands and agrees to execute all documents necessary to record documents to title of the Retained Easement Area to revert to Seller. This reversionary clause will "run with the UPSET BIDS: Buyer acknowledges that Seller must follow bidding procedure under completed N.C.G.S. § 160A-269. 04/15/201 rHE EVENT OF A CONFLICT BETWEEN THE ADDENDUM AND THE OFFER TO PURCHASI '1TRACT, THIS ADDENDUM SHALL CONTROL. UYER(f�:g pu re>rer� n„+o. W. 5/2/2019 Envelope ID: 9CEF9843-A982-4DD2-9192-4F77926B7B73 :LLER )WN OF TOPSAIL BEACH PSigned by: AZ-VI pu inted Name: Michael Rose tle: Town Manager -Town of Topsail Beach (SEAL) Date: 5/2/2019 H CAROLINA imental Qualin- April 3, 2019 MEMORANDUM: ROY COOPER Govemui MICHAEL S. REGAN Se'rouri BRAXTON DAVIS Oiiecwr, Lhvicn,noJC(,a�-ta bia�ta�emcvi FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spearsCaD-ncdenr.pov SUBJECT: CAMA Application Review Applicant: Michael Jackson Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound /A/WW, in Wilmington, New Hanover County Proposed Project: Construction of a new private 6-slip docking facility. Please indicate below your agency's position or viewpoint on ifiawlf proposed.ect and return this form to Courtney Spears at the address above by you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_This agency has no objection to the project as proposed. .Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comment Christine Hal DEQ / DEMLR — Stormwater H CAROLINA rmental Uualin, April 3, 2019 MEMORANDUM: ROY COOPER (;(r1'E'YIIIII MICHAEL S. REGAN BRAXTON DAVIS �nNi7nY %)Iccrn,n njC.uuct� Llmlu�ena'In FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears(a)ncdenr.Qov SUBJECT: CAMA Application Review Applicant: Michael Jackson Project Location: 1833 Avalon Ave., adjacent to Myrtle Grove Sound/ AIWW in Wilmington, New Hanover County Proposed Project: Construction of a new private 6-slip docking facility. Please indicate below your agency's position or viewpoint on the ro osed ro'ect and return this form to Courtney Spears at the address above by . If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_This agency has no objection to the project as proposed. 'Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comment: 0N1§1JN1_Christine Hall DEQ / DEMLR — Stormwater H CAROLINA (mental Oualztr April 4, 2019 MEMORANDUM: ROY COOPEF (io,crn, MICHAEL S. REGAT 'errriar BRAXTON DAV1! )oe,lnr, I)rcriun of ( ",as/, 4Jana_­mo FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears(a)-ncdenr. gov SUBJECT: CAMA Application Review Applicant: Town of Wrightsville Beach Project Location: between Stone Street & Raleigh Street, adjacent to the Atlantic Ocean, in NH Coy Proposed Project: installation of a 3,800 linear ft. water main line Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by �If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: _X*_ This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comment ®Christine Hall 1 'J HCARGUNA ]I/2L IIfN7 1UN11 April 4, 2019 MEMORANDUM: ROY COOPEF (;"aria MICHAEL S. REGAT 7GI BRAXTON DAVI' ttr�rinr. i 1rcl.inn o) t ��acn 1 /<u1���enrri FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(d-)ncdenr.gov SUBJECT: CAMA Application Review Applicant: Town of Wrightsville Beach Project Location: between Stone Street & Raleigh Street, adjacent to the Atlantic Ocean, in NH Cot Proposed Project: installation of a 3,800 linear ft. water main line Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Courtney Spears at the address above by If you have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: _X"_ This agency has no objection to the project as proposed. *"Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comment Christine Hall cars, Courtney m: Hall, Christine t: Monday, May 6, 2019 2:26 PM Spears, Courtney ject: RE: CAMA Minor Modification Request: Town of Carolina Beach nks for the reminder. I don't have any comments on this one. istine Hall ironmental Engineer sion of Energy, Mineral and Land Resources — State Stormwater Program artment of Environmental Quality 796 7215 office 796 7335 direct 3tine.hall@ncdenr.gov Cardinal Drive Ext. nington, NC 28405 0- -- 'Nothing Compares_.-,- . ail correspondence to and from this address is subject to the th Carolina Public Records Law and may be disclosed to third parties. m: Spears, Courtney it: Monday, May 06, 2019 10:44 AM Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov> )ject: FW: CAMA Minor Modification Request: Town of Carolina Beach fan and Christine, ase see the attached and let me know if DEMLR has any comments. Thank you! urtney Spears ;istant Major Permits Coordinator ision of Coastal Management partment of Environmental Quality ) 796 7426 office irtney.spears(a)_ncdenr.gov gars, Courtney m: Hall, Christine t: Monday, May 6, 2019 2:26 PM Spears, Courtney ject: RE: CAMA Minor Modification Request: Town of Carolina Beach nks for the reminder. I don't have any comments on this one. Istine Hall ronmental Engineer lion of Energy, Mineral and Land Resources — State Stormwater Program artment of Environmental Quality 796 7215 office 796 7335 direct ;tine. hall@ncdenr.gov Cardinal Drive Ext. nington, NC 28405 0- !'/'Nothing Compares ail correspondence to and from this address is subject to the th Carolina Public Records Law and may be disclosed to third parties. m: Spears, Courtney t: Monday, May 06, 2019 10:44 AM Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.Hal I@ncdenr.gov> eject: FW: CAMA Minor Modification Request: Town of Carolina Beach )an and Christine, ase see the attached and let me know if DEMLR has any comments. Thank you! irtney Spears Distant Major Permits Coordinator ision of Coastal Management )artment of Environmental Quality i 796 7426 office irtney.spearsCaD.ncdenr.gov PROP`O`S€O Q rnuru=u BULKHEAD _IFT DETAIL lyyh1 A�) ,IL BEACH NC ,d �gmail.com �� ,------------------------ -- _ _ _ v' g I ONGR T I BULKH A �xIST�N�-- ULKH A � � I I I PROPOSED I BULKHEAD I � I I � 1000•GAYE AVE � I I 15 I I I I � � � I GAYE AVE PROPOSED \'� BULKHEAD CONCRETE BULKHEAD t _ --L--' -�--- -----'------------ .-.�-------------E--55------. \ RI �RAI�NG II BROTOSEO ( PLLFT AL)