HomeMy WebLinkAbout63954D - Dixon1) l roiY 4<' ,kA
CAMA / ' DREDGE & FILL
xENERAL PERMIT
New ❑Modification ❑Complete Reissue ❑Partial Reissue
Previous permit #
Date previous permit issued
63
ized by the State of North Carolina, Department of Environment and Natural Resources 7 Y
oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC �� 2 O p
Q ❑ Rules attached.
Name) iSON %il X pN Lff I MYyV7?dN _ Project Location: County
aZ 6d5NA s it t /YrL . �,,� /`off N. ,1t4 ;iR
�7� . Street Address/ State Road/ Lot #(s)
State zip 7pt/Oz 1_y 7s � X: . h;rX1AvsO J
a - z '—
( Fax # 2 — Z 0S8 Subdivision F157A/f zl i, A7 701"S,
:d Agent CityUQ� UiZi ZIP_t[
❑ CW )2NEW AQ PTA ❑ ES ❑ PTS Phone # ( --- River Basin
❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body -1 PisA/L -SO vnl 0 (nat /i!
❑ PWS: ❑ FC:
es / o� PNA yes no Crit.Hab. yes no Closest Maj. Wtr. Body rases �L Soomp
_..
Project/ Activity /A/ S A /L f /E/t-f 1��1�4 j � �?/?/i� f�/t//'� Tu )a L11'c_%S
Scale:
k) length X 21
DENR CAMA Daily Check Log for WIRO
Date Received Check From Name Name of Permit Holder Check Number I Check amount I Permit Number/Comments _
6/5/2014 Antinori Construction, Inc Carolyn Boyd & Diane Barwick 2953 $200.00 GP 63204D
6/5/2014 Allied Marine Contractors, LLC Peter Caldwell 6607 $400.001-6P 63189D @$200.00
The Andrew C. Edwards Trust 6607 IGIP631190D $200.00
6/5/2014 Antinori Construction, Inc J.R. Barbour 2952 $200.00 GP 63187D
6/5/20141John H. King Kenneth Samuel Catlett Jr. 1122I $200,00 GP 63934D
6/6/2014 Hope Gray and Larry Keith Bowen Jere_m Philli s 5334 $200.00 GP 63292D _
6/6/2014 'Anti nori Construction, Inc ? 29591 $200.00 GP 53 N. Rid e, Surf _City
6/6/2014 Boatzright Inc. ? _- 1748 $200.00 GP 60691D
6/6/20141Overbeck Marine Construction Inc. Leigh Barnes 42641 $200.00 GP 63937D
6/10/2014 Carolina Marine Construction, Inc Blockade Runner Resort 9066 $200.00 GP 63942D
6/10/2014 Michael Joseph Sauer _ Michael and Carey Sauer 576 $100.00 NTB minor fee 114 Oceanview Lane
6/10/2014 Lighthouse Marine Construction Inc. Nash Johnson 4987 $200.00 :GP 62659D
-- - - -
6/10/201414�ighthouse Marine Construction Inc. _ Jane _Bowden _ _ 4994 $200.00 GP 63928D _
6/11/2014 Herman E Rouse same 1171 $800.00 GP for 160 Chadwick Lane Sneads Fe
6/11/2014 Allied Marine Contractors, LLC Le sig 6640 $100.00 modification MP# 23-13
- --�--
6/11/2014 Holden Dock & Bulkheads Short __ - _ 5643 $200.00 GP 63293D
6/11/2614 Constance Stokes____ 119 Burlington St. OIB 1260 $200.00 GP 639380
- - - - -
6/11/2014 Grice Construction of Brunswick County 29 Raeford St. OIB 9677 $200.00 GP 63940D
1/7/2014 Grice Construction of Brunswick County Robert & Susan Hoppe _-9383 $1,000.00 GP 63165D @$200
6/13/2014 Antinori Construction, Inc Fussell _2966 $200.00 GP 63919D
6/13/2014 Southern Environmental Group, Inc Blankenship -_ 5867 $400.00 Major Permit fee, Turtl
e Creek, Oak Island
__. _ _
6/13/2014 Charles Rigg & _Associates James _ 13471 $100.00 minor fee, 129 Atkinson Rd_ Surf City
6/16/2014 Joyce Godwin _ same 1096 $200.00 GP 63948D � _
6/17/2014 Vince and Mary Hinson same 5419 $630.00 Vio.#10-42, Ocean Isle Beach, Brunswick Co.
6/1712014 Steven T. Farmer/TRA Com Services Puente 4517 $400.00 GP 63944D @$200
6/17/2014 Escobar 4517 GP 63945D @$200
6/17/2014 B & K Marine Construction Hickman 1145 $200.00 GP 63939D
6/17/2014 Grice Construction of Brunswick Count Smith - 9695 $600.00 GP 63947D @$200
6/17/2014 _ Leatherman 9695 GP 63949D @$400
6/18/2014 KAle A. Buck Paul Mounts I 1016 $250.00 Major fee, Shipwatch
6/18/2014 Town of Leland 29013 $100.00 Minor fee, 844 A pleton Way, Sturgeon Creek, Lela
- -- ----- -
_ 6/18/2014 Hunter Development Corp. Michael Tuton 21071 $200.00 GP 63950D
6/18/2014 Charles F. Riggs-
& Associates Inc. Paul Dorazio _ 13473 $100.00 minor fee for The Corner Villas
6/18/2014 B of A Money Order Kenn Morgan 1139200123 $1,000.00 GP 63922D $200
-_ Alice Brown 1139206123 _ GP 63921D $600
_ 1139200123 _
6/18/2014 Delivn_ Coni East Gary_Sample 15031 _ $200.00 GP 63920D
6/18/2014 Atlantic Coast Industrial, LLC David Brinkley, ACI __Holdings_ 16234 _ $200.00 GP 63951 D
6/18/2014 Grice Construction of Brunswick County John Teague _ _ 9702 $200.00 GP 63266D
6/19/2014 Hammocks at Shallotte Pointe LLC 1053 $100.00 modification of MP #93-08
6/20/2014 Villaver Law Firm Steven Villaver 5992 $200.00 GP 63202D
6/23/2014 Bank of A Money Order Brandon Grimes 1139200122 $497.00 Vio# 14-03D B & B Marine Construction $200 perm
Brandon Grimes__ 1139200122 + GP 63955D ($47)
6/23/2014 Carolina Marine Construction, Inc 9105 $400.00 GP 63957D_
6/23/2014 Re
gie W. Barnes Jr _ 1200 $100.00 Transfer fee #70-09
6/24/2014 Charles F. Riggs &Associates Inc. Giles Jeffreys &Lee Thornton-
13510 $600.00 GP 63952D @$200
Jason Dixon & Lee Thornton GP 63954D $200
Mike Turbeville & Greo Colner r;p asasran nagnn
VC Division of Coastal Mgt. Habitat Impact Computer Sheet
applicant: a
)ate:
lescribe below the HABITAT disturbances for the application. All values should match the name, and units of measureme►
)und in your Habitat code sheet.
abitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts
FINAL Feet
(Anticipated fir
disturbance.
Excludes any
restoration anc
temp impact
amount)
CA)
Dredge ❑ Fill ❑ Both ❑ Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RMM
North Carolina Department of Environment and Natural Resources
- vision*C-oasiai-Management---- —
Pat McCrory Braxton C. Davis
Governor Director
� --^. - -.---- ---_ -- AMT AffW(R �71ZA 1QN FORM _ — -�
Date; i 2
Name of Property Owner Applying for Permit
,1 snip D oQ,)fQ
Owner's Mailing Address:
S 002 Get S nDf,
tG(i S z G
Phone Number,CC;A `).31�2 - BSA 3
John E. Skvarla, III
- Sserelaty --
Name of Authorized Agent for this project:
Agent's Mailing Address:
t!�—>Os 46J bo,t
G. ! 5� 0
Phone Nurnber6f1 b) J .- - !U 6-M
1 certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying
for and obtaining all CAMUUA SSPermits necessary to install or Cnstruct the following (activity):
A.--rt l
For my property located at L(o ep P1!:>j� L
This certification is valid thru (date) _ 6>512'-4 '
D5 &
Property nor Signature Date
F
North Carolina Department of Environment and Natural Resources
. Dvisio.n-oi-e-oastal-Management-- ---_—_
pat McCrory^ -- -- Braxton C. Davis Joan E. Skvarla,11,
Governor
Director -- -. _._ _secretary
AGENT AUTHORIZATION FORM
Date: O !$ 'P1 4-
Name of Property Owner Applying for Permit:
Owner's Malting Address:
104 0. B iz 14 C>IZ\46
�j t1 c 26 9d3
Phone Number 19 16) 42'21 `L05-18
Name of Authorized Agent for this project:
� l�l�•R 1,�s F (� 11,4�
Agent's MalHn Address:
r-�- 02 ►� E PA44
R-
c'4 c, Z.6 541
Phone Number f 9 iq
I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying
LAMA Permits necessary to install or construct the following (activity):
For my property located at
This certification is valid thru (date) D� I
6 e,- Iii A 4-
Property Owner Signature Date
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner: Ctt 70[?Sad I LLG
Address of Property: Lot P—) - —Wyz Rr y it Yt3u1a a f -Lpsmt l
(Lot or Street #, Street or Road, City & Coun y)
Agent's Name #:
Agent's phone
Mailing Address:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this perma has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, vAth dinignssions. must ke pMvided with this fetter.
I ha,-e no objections to this proposal. I have olliections to dus proposal -
If you have objections to what is being proposed, you must norify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at wwwj dcm.lirnl or by calling 1.888-4RCOAST. No
response is considered the same as no objection if you have been notified by Certified Mail,
WAIVER SECTION
I understand that a pier, dock, moonng pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of iS' from my area of riparian access unless waived by me. (If you
•,:ish to waive the setback, you must initial the appropriate blank Belo-w.)
I do rish to waive the 15' setback requirement.
I do not -wish to ::give the l 5' setback requirement.
(Pro Owner Information}
r
Sig- rare
Thc, jPh, i W t a ra#% =r t o c,
F.11itor y"Pe lUa7!e i
_PO 13cx 3616
bfaf ;ng :,' ddress
"ityfStafe�Zls
(Ad-ac wner In rmati n)
Sirann e
mason Ib ixc o
Print or Tyre A1ame
S&02 Gle-4
i4;a:l.+rg 4ddress
cc✓ b `, 22 D-7
C vrstate/ in
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Q0-.� BlllLlrx s
I (Name pf Pr pe Owner)
property located at �or'" p a
(Address, Lot, NOCK Road, etc.)
on -''1dd i>aA.i L in 6LIgg L , N.C.
TI (Waterbody) (CitVITown an/or County)
The applic nt has described to me, as shown below, the development proposed at the above
locatio
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)
Ap, (ze C>
WAIVER SECTION
I understand that a pier, dock, mooring pilings, 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 wai the setback, you must initial the appropriate blank below.)
7I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Plifft Jr Type Na
1 3Co GoiZa�2A-M &A6 D2►J� y �a"lC
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property O-;,ner: jCIwn
Address of Property:
Agent's Name 4
Agent's phone ":
(Lot or Street 9, Street or Road, City &
tvlailing Address:
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing_the development
they are proposing. A description or drav+inn with diniQnsio-ns must be provided with this letter.
a'o4have rin objections to this proposal. I have objections to this proposal.
if you have objections to what is being proposed. you must i►orify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for ACM offices Is
available at 1Yww.nccoa�ialma►taaement.net(contact datn.hrm or by calling 1-888.4RCOAST. No
response is considered the same as no objection if you have been norified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 115' from my area of riparian access unless waived by me. (If you
;aish to waive the setback, you must initial the appropriate blank below_)
do vrish to waive the 10 setback requirement.
I do not *rish to .valve the 15'setback requirement
(Propert nation) (AdjaOnt Pr pent' wr er Information)
Puri or Type N'aIne 4 a: �n; or Toe rdame i LLJCI
—T
< 7`Pn 1�anffC lbC
.$faifir, hoJlesS
Lei 0?
Po Box, 361b
Mailing Address
1 cc reg►11 e /LAG 0� rd l
Grey/svellzlp
_"704 3i 1-(-18eO
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to �I_ asc,fl ��OG _'s
I I- f'-) i 1 11 (Name pf Prppe; r Owner)
property located at
on
_ r--i_— a• , i��
(Waterbody)
The appf nt has described to me, as shown below, the development proposed at the above
localio
_ I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION ANDJOR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach a site drawing)
eC) Lill'
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15` from myarea of riparian access unless waived by me. (If you
wish to wa� a the setback, you must initial the appropriate blank below_)
V_ I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(rroperty Owner Information)
Print or Type ame
C� S l�rr
Mailing Address, _
(� 'scent property�Ouner information)
Ivignature
Print 4r Type Ne
3�0 C_L§ 21G P2►�Ks r 5tlrjr;:
Morfinir drlrf
L5/LCill t7J:iMUKNIUN GUlLLtKS
Peninsula At Topsail, LLC
Agreement of Sale
lib Aveectcat or Salo is th �,.,• L [ j dey .i L19. 4 ,1414, twiwan'
Pvwhww Nww(ah
MA
(AI Name JAould Appear
as the Deed)
LAOr
SttOct Addrard: I
(No P.O. bump) J ADnQIi�. S
Owego 1.44 HCaIb;
CdkOutK �
fmrl
n�,�tcf�rrll� G� ��Q hcn• tmF14
7lereilayAdc called Pavhoit.T,
.&We AA TOp.41L 1,(.C,11.0, Sox %S 16, Moum,•111c, NC' 21117 horaoaR)r tilled Seller.
The sum a r S
Ie diemil tin accovol of tba purchmto of do tio➢owi nE de ftW FArofeny, iktolod Iu the
CtouW of Ponder, Slam a/NO
rofbd, SYAdMaka of life rcui tow. At'fo?.A L A(t) Y ^T^
Dada relim, . a the *P
TERM ANDGU`IDIIj048
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SECOND. Pucehntauk
rl
meipt.ofacopyoCthelbr'lkPvtr-r:aA:'Ttopmdand agrees Wabidebylhe
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o
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tit
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to cOrMlnt al(
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min& Pvtih epocr np9rc y ri&n applic�riou Ilu the [qua M•irfiin three (]) days aQel rin nMlmhs duo of
thh Adrea,rrcn
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a Ian
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Kw -Ahem abo
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yd4" Qlbfiry
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eke Icnda of
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txaftrorwAw"
kndsco(bpphtytimt witbin orw (1) doy bllcr yeah demwd, then 6elkr may immicate Ibll 4grctai by
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M)talerdar
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rldoin owner
p (b 6 Peomw0 At Tcnmil, LLC, Krcha er may Iban ¢Mali a IeYvd;idibe IAUKU MO:I.Y Dtpa+it,
Failure Of
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foe Ott aereol year ehall be la0-ni d ham ,ho dala of cUsmg
SIXTH. Thor 141Prt311
ill I. bctd by lbt cIoaiboi attorney a(4 w){t be opoa phi Ip tho 4loj4w a c,vdil 10 (he bltycr. Mao o potmpual
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AGREEMENT OF SALE
THE PENINSULA AT TOPSAIL
Phis Agreement is made by and between PENINSULA AT TOPSAIL, LLC, a North Carolina limited liability
:ompany ("Seiler") and
'urchaser Name(s):
as name should
ippear on Deed)
itreet Address:
no PO Boxes)
��iSOYI i XnVi
FIRST M.I. LAST
tU�IiSS��XDig
FIRST M.I. LAST
CITY
ADDRESS
C
STATE
;ontact info: Home: MA Cell/Other q5q - Z 3 (D - �? 5 2
Email: 60kd i 53@, uQh l
WITNESSETH:
AI.11KaDi-Co61(4) 1/-G0,,,
ME PROPERTY. In consideration of the mutual promises and covenants herein contained, Seller hereby agrees to
ell and convey to Buyer, who agrees to purchase, that certain parcel of land situated in the County of Pender, State of
forth Carolina, being Lot #b (0 in THE PENINSULA AT TOPSAIL, as shown on plat recorded in Plat Book 56,
'age 39 (the "Plat") in the Ponder County Registry (the "Property"). "The Peninsula at Topsail ", a planned
:ommunity developed by the Seller, may hereafter be referred to as the "Subdivision."
DEPOSIT. Upon the signing of this Agreement by Buyer, Buyer shall deliver to Seller its check payable to
'G Redmond Dill, Jr. Trust Account" in the sum of S l I q!qo. W (the "Deposit"). The Deposit shall
e held by attorney G. Redmond Dill, k(hereinafter "Escrow Agent") in accordance with the further terms of this
agreement. Buyer is advised that in the event of a dispute between the Seller and Buyer concerning the Deposit,
he Escrow Agent may retain the Deposit in its escrow account until a written release from the parties is obtained
T disbursement is ordered by a court.
PURCHASE PRICE. Buyer shall pay to Seller the total sum of S 114, q, 01) .00 (the "Purchase Price") in
onsideration for the Property. At the time of Closing, Buyer shall receive a credit for the amount of the Deposit and
hall deliver all of the remaining portion of the Purchase Price to Seller by certified or other immediately available
ends.
Date. If Buyer is unable or unwilling to close on the Closing Date, Buyer shall be in default under this Agreement in
he event of such default, Seller shall have the option to exercise all of its rights and remedies as provided in this
Agreement.
kt said Closing, in return for the Purchase Price, Seller shall deliver to Buyer a General Warranty Deed for the
"roperty conveying marketable fee simple title, free of any monetary liens and encumbrances and subject only to
he following "Permitted Exceptions":
(a) The street(s) upon which the Property fronts, drainage and other easements, and such matters as
may be apparent from a visual inspection and survey of the Property;
(b) Matters shown on the Plat, other recorded plats of the Subdivision, and other plats of record;
(c) I'he "Declaration of Restrictive Covenants for The Pcninsula At Topsail Island" [sic], Filed at Book
4336, Page 0024, and the "Declaration of Covenants, Conditions and Restrictions" tiled at Book
4412, Pages 198-236 all in the Pender County Registry, and all amendments and supplements
(collectively the "Declaration"),
(d) General and specific easements and rights of way for private or public utilities;
(e) All applicable laws and ordinances including The North Carolina Costal Area Management Act
("CAMA"), and municipal and county ordinances;
(f) Access to the Subdivision is provided by way of easement over Walter R. Atkinson Road, a private
road; and
(g) Ad valorem taxes for the current tax year (which will be prorated at Closing).
i no event shall Closing and delivery of the General Warranty Deed occur later than 180 days after Buyer's execution
f this Agreement. Seller shall deliver possession of the Property to Buyer at Closing.
FINANCING CONTINGENCY. The duty of Buyer to close upon the Property ISS�f�I�
5 NUT _/ _ (<—initlal rq)propriale lines) conditioned upon the ability of Buyer to obtain, after diligent efforts,
mortgage loan at prevailing interest rates in an amount of not less than $ 149 Iflt S .00 (a "Qualifying Loan").
luyer must apply for such loan within five (5) business days alter the Agreement Date set forth below and accept
ime if offered by any reputable lender or originator. If Buyer fails to: (i) apply within the five (5) business day
-riod; or; (ii) refuses to accept a Qualifying Loan obtained by Buyer, or Seller or an agent of either on Buyer's behalf,
(iii) does any other act to prevent the timely closing of this transaction, Buyer shall be in default hereunder and
tiller shall have the right to exercise all remedies, including those described in Paragraph 5 of this Agreement.
Buyer ltas failed to obtain Buyer's own Qualifying Loan, Buyer will reasonably cooperate to apply with any one
nder designated by Seller which has offered to provide financing for Seller's prospective buyers in the Subdivision
ie "Subdivision Lender" — currently First Century Bank, Inc.) If, within thirty (30) calendar days from the
greement Date set forth ix -low, Buyer has been turned down for a Qualifying Loan in writing by a reputable
ortgage lender and no Qualifying Loan can be obtained for the benefit of Buyer (including a loan from the
ibdivision Lender), then either Seller or Buyer may, at any time thereafter elect to end and cancel this Agreement.
:ancellation Deadline, Buyer shall forfeit the Deposit to Seller as compensation for the time the Property has been off
he market and the Escrow Agent is hereby instructed to release the Deposit to Seller in such event.
dotwithstanding die foregoing paragraph, in the event Buyer does not receive a loan commitment from the
subdivision Lender, Seller may offer to provide Buyer with direct financing from Seller or an affiliate equivalent to
he Qualifying Loan terms and in such event the Financing Contingency shall be deemed fulfilled.
luyer represents to Seller that, in Buyer's good faith opinion, Buyer is capable of obtaining a Qualifying Loan, and
hat such loan commitment will not be contingent upon the sale of Buyer's existing residence.
i. REMEDIES. Should Buyer default in its duties hereunder, the Deposit shall be forfeited by Buyer and
etained by Seller not as a penalty, but as liquidated damages. In the event Seiler should default in the performance
>f any material duty hereunder, this Agreement, at the option of the Buyer, shall become null and void, and Buyer
nay receive a prompt return of the Deposit as Buyers sole remedy for such default.
i. TITLE. Buyer hereby approves the Permitted Exceptions. Buyer shall obtain grid provide a commitment for
in owner's title insurance policy (the "Title Policy") at Closing and shall, at Seller's request, acknowledge in writing
hat the exceptions listed in Buyer's Title Policy conform to die Permitted Exceptions and are acceptable to Buyer.
should Buyer's attorney have reasonable objection to the title of the Property. Buyer's attorney shall, not later than 15
lays prior to the Closing Date set in Paragraph 3, advise Seller in writing of the objections to title and Seller shall
Lave a period of thirty (30) days from the date of notice of said objections within which to remedy them to the
standards set forth in Section 3. In the event said objections are not cured or remedied within thirty (30) days, the
3uyer shall, at its election, have the right to accept such title as Seller is able to convey, without any claim on the part
>f the Buyer for abatement for defects or objections; or the Buyer shall have the right to rescind this Agreement and
ipon such rescission pursuant to this Paragraph, the Deposit shall be refunded to Buyer, and the parties hereto shall be
-eleased of all further liability and obligations hereunder.
f any dispute should arise between the parties as to whether title to the Property is as required by the terms of this
agreement, the willingness of a reputable and financially responsible title insurance company to issue an ALTA title
nsurance commitment, subject only to the Permitted Exceptions and usual and customary exceptions contained in an
kLTA owner's policy, shall he binding and conclusive upon Buyer and Seller that title to the Property is as required
)y the terms of this Agreement.
7. PRORATIONS AND ADJUSTMENTS. The items below shall be adjusted and paid at Closing as follows:
(a) ad valorem taxes on the Property shall be prorated bethveen the parties on a calendar -year basis to the date of
Closing. Seller may choose between the following methods to accomplish the proration_
(i) In the event a separate tax bill for the Property is not available at Closing, Seller shall estimate the
amount of tax that will be due as to the Property and shall collect fmm Buyer at Closing Buyer's pro
rata share of such estimated amount. When the tax becomes due and payable, Seller shall pay the
tax; or
(ii) in the event a separate tax bill for the Property is available at Closing, Buyer will receive a credit for
the Sellers estimated pro rata portion of the ad valorem tax liability. When the tax becomes due and
navahle_ Ruver shall nav the tax_
proration estimate shall refund the difference to the other party within ten (10) days of payment of the ad
valorem taxes on the Property.
S. CLOSING COSTS. Buyer shall pay the North Carolina transfer tax (commonly referred to as "Deed
Stamps") due upon the closing of this sale. Buyer shall also be responsible for all of Buyer's closing costs, including
but not limited to, points and fees charged by Buyer's lender, Buyer's attorneys fees, any title insurance premiums,
new surveys, appraisals, the cost of recording the deed and any other instrument to be recorded in connection with die
transaction contemplated by this Agreement.
9. ENVIRONMENTAL REPRESENTATIONS. Seller represents and warrants that, to the best of its
knowledge, the Property is free of asbestos, petroleum products, formaldehyde, PCBs, and other toxic or hazardous
materials (collectively "Flazardous Materials") and that Seller has not stored or disposed of Hazardous Materials on
the Property, provided, however that Seller makes no representations concerning any naturally occurring materials
including, without limitation, asbestos, radon or lead. 'The phrase "to the best of its knowledge" used in connection
with the representations contained in this paragraph means that the Seller has reason to believe the representations to
be true, accurate, and complete in all material respects based on information currently available to the managers of the
Seller but without having any inspections, investigations or other inquiries conducted by the managers of the Seller or
by any outside parties.
IA. ADDITIONAL DOCUMENTS. Buyer acknowledges that it has received, read, understood and agreed to
each of the documents listed below and that Buyer will be bound by the provisions thereof. Buyer has initialed the
line corresponding to each document received:
(a) , ) -� _ Subdivision Streets Disclosure Statement (the "Streets Disclosure Statement'- two
counterparts must be signed);
(b) 3�0-::�I-AA Copy of the Plat;
(c) � �_�_� The Declaration:
(d) -'-y _ dreliitecturul and Site Guidelines for The Peninsula at Tojwail (the
"Guidelines"),
3uyer acknowledges that Seller has certain rights to amend the provisions of tlx: Declaration.
1. ARCHITECTURAL AND LANDSCAPE PLANS REVIEW. As set forth in the Declaration and the
iuidelines that are then in eftect, Buyer must submit architectural plans and specifications and certain other items to
n Architectural Review Committee (the "ARC") for review and approval prior to commencement of any construction
n the Property. Changes in approved plans and specifications or any such other items must be re -approved by the
Lrehitectural Review Committee or any committee to which change approval is delegated by the ARC. A review fee
charged by the ARC and Construction Deposits will be required at the time plaits are submitted.
buyer acknowledges d►at the approval of plans, specifications or other items by the ARC or any committee delegated
uthority by the ARC shall not impose any liability or responsibility on the part of the reviewers with respect to the
ampliance or noncompliance of such plans, specifications, or the improvements constructed pursuant thereto, with
pplicable zoning ordinances, building codes or other governmental or quasi -governmental laws, ordinances, rules and
The terms and provisions in this paragraph shall survive the Closing of the sale and purchase of the Property as
contemplated in this Agreement.
12. SETBACK LINES AND BUILDING, ENVELOPE. Buyer acknowledges that the Property is subject to
minimum building setbacks imposed by the Declaration, the Plat of the Property, and applicable zoning ordinances.
Buyer acknowledges that the Architectural Review Committee may create a building envelope establishing setback
lines for improvements to the Property which may be more restrictive than the other imposed setbacks and that
Buyer's plans must comply with the building envelope established by the Architectural Review Committee.
13. ROADS, SEPTIC/SEWER, WATER, GAS, ELECTRIC AND RECREATIONAL AMENITIES. All
Lots front on an extension of Walter R.. Atkinson Road (private) which is not a public roadway accepted for
maintenance on die Highway System of the State of North Carolina or any municipality. Seller shall provide, at its
sole cost and expense the roadway within the Subdivision upon which the Property has frontage, and said roadway
shall be built to die standards set forth in the attached Streets Disclosure Statement.
Seller shall provide electric, water, and sewer service lines accessible from the boundary of the Property. Lines for
the utilities may be installed in utility easements which may burden the Property. Natural gas is not available to the
Subdivision at this time and Seller cannot provide natural gas service lines.
(F Seller)/ t (F Buyer) If the preceding lines are initialed by Seller and Buyer, theProperty is a "Shared Pier Lot" as defrd in the Declaration. Subject to the receipt of all necessary permits, which
Seller shall seek in good faith, the Seller shall construct a Shared Pier which will be a Limited Common Element
for the use of the Property and one other adjoining Lot in the Subdivision, at no additional cost to Buyer. Seller
will not extend electricity or water lines to the Shared Pier. Since the walkway for the Shared Pier will straddle the
common property line between the Property and the other Lot having use of the Shared Pier, and both pier sections
connecting to that shared walkway may also encroach in a setback, the Buyer: (i) consents to all such
-Incroachments; (ii) agrees to not object to such encroachments; (iii) covenants and agrees to execute any required
Corms necessary to waive the encroachments; and (iv) will cooperate with Seller to facilitate construction, repair and
•eplacement when necessary of the Shared Pier and/or connecting walkway. Buyer must execute two counterparts of
he Division of Costal Management encroachment waiver form attached hereto as Exhibit "A", one for the Property
«hd one for the adjoining lot.
Id. CONTINUING DEVELOPMENT. Development activities such as additional mucking, filling, clearing
►nd grading may be continuing within certain areas within the Subdivision. Work may also be continuing in areas of
Asements upon the Property. Buyer acknowledges that it is purchasing the Property subject to the easement holder's
fights to perform such work within the easement areas.
S. COSTAL DEVELOPMENT. Buyer acknowledges that all development in the Subdivision is subject to all
pplicable laws including CAMA and that permits from the North Carolina Costal Resources Commission ("CRS''),
'ender County, City of Surfside and other applicable authorities may be required before construction may begin on
is Property.
eller specifically brings to Buyer's attention that any portion of the Property to the seaward side of the "Normal High
hater Line" is subject to extensive rights of the public. CAMA rules currently define "normal high watef' to be "the
rdivary extent of high tide based on site conditions such as presence or location of vegetation va=hirh h9e 4
Property is subject to approvals from CRC and any other regulatory authorities.
16. BUYER'S ACKNOWLEDGEMENTS: The Buyer specifically acknowledges that Seller does not make,
slid has not made any promises, covenants, warranties or guarantees concerning the following matters and Seller shall
have no liability with respect to:
(a) The continued existence of any canal or wetland on or near the Property;
(b) The purity, depth, water level, or arty other characteristic of the water in any canal or wetland on or
near the Property.
(e) Any right of access or right to use the water of any canal or other waters near the Property; or
(d) Seller's or Buyers right to construct piers, docks, boathouses or any other improvements of any sort
on the Property or on any public waters adjoining the Property exceM in accordance with all laws,
zoning, restrictions, easements, conditions and reservations.
Any common area or amenities which Seller may install for the benefit of the Subdivision will be maintained by the
Peninsula at Topsail HOA ("HOA") through assessments charged to the owners of the lots including the Property;
;ertain limited common elements such as the Shared Piers will be maintained by the HOA through assessments
:liarged only to the owners of the lots having use of the limited common element.
3uyer is strongly advised to bring the provisions of Article Y, Section 12 of the Declaration (concerning permissible
;ignage), to the attention of their contractors and to require that their contractors indemnify or hold them harmless
�rom any fines levied as a result of signage violations by the contractor or those employed by the contractor.
17. INSPECTION BY BUYER. If Buyer is an individual, Buyer acknowledges that Buyer, or his or her spouse,
tas made a personal, on -the -lot inspection of the Property prior to signing this Agreement and that Buyer is satisfied
vith the Property in all material respects. Buyer acknowledges that, except for the warranties of title to be included in
Teller's deed to the Property, Seller, by the execution and delivery of this Agreement or of any document executed and
lelivered in connection with the Closing, makes no warranty, express or implied, as to the suitability or fitness of the
troperty for any purpose, or as to the merchantability, quality, condition or resale value of the Property. Buyer
van -ants that its decision to purchase the Property is based solely on its inspection of the Property and its independent
nvestigation and evaluation of the merits of entering into this Agreement.
.f Buyer believes that a representation has been made that is material to Buyer's decision to purchase the
'roperty, but that representation is not stated in this written Agreement, Buyer must ask the sales agent or
other party to include that representation in this written Agreement. Seller shall not be responsible or liable
or any representation concerning the Property or the Subdivision not set forth in this Agreement.
8. REAL ESTATE BROKERS. Buyer and Seller warrant to each other that no real estate broker or other
arson, other than the persons) or firm(s) named on the signature page of this Agreement as Listing Broker and
elling Broker (collectively the "Brokers'; cacti a "Broker"), will claim a real estate commission, fee or similar charge
t connection with this Agreement. Should any other party claim such a commission, the party responsible for the
reation of such claim shall indemnify and hold the other patty harmless from all claims, liabilities, damages, costs
ud expenses (including reasonable attornevs fees) with respect thereto.
20. SEVERANCE CLAUSE. If any provision of this agreement is held to be illegal, invalid or unenforceable
under present or future laws, such provisions shall be fully severable; this agreement shall be construed and enforced
as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining
provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or
unenforceable provision or by its severance from this Agreement. All the terms, conditions, representations and
agreements contained herein shall, as applicable, survive the settlement for such period of time as shall be deemed
necessary for the full performance of this Agreement.
21. ENTIRE AGREEMENT; NON ASSIGNABILITY. This Agreement constitutes the entire agreement
between the parties and any promises, statements, representations, warranties, or agreements not contained herein
shall be of no force and effect unless reduced to writing and signed by duly authorized representatives of each Buyer
and Seller. This Agreement may not be assigned by either party hereto without the prior written consent of the other
party. This Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective
permitted successors and assigns.
22. TMIE. Time is of the essence with respect to all provisions in this Agreement.
23. NO GIFTS. Buyer acknowledges that Buyer has not been offered any gifts, trips, dinners or any similar
)remium or enticement to visit the Subdivision or purchase a lot.
14. ADDENDA. Any other provisions and/or conditions to this Agreement are listed below or contained in an
addendum as noted below.
5. SPECIAL PROVISIONS. The Seller agrees to Day up to $2500 00 of Buyer's closing costs
IN WITNESS WHEREOF, the patties hereto have set their hands as of the day and year first shown above.
Individual R R(s): Entity BUYER(s) ------ ------
Dater 201 Z a cotp / I Ic / gp ! Ip
i
ul.
()ate: �3 -.- 201 (Print name arul title)
Date: __. _ 201 — -
Acceptance by SELLER:
Penins4ki* Topsail, LLC
3y: `-- �,�---
i e anal I authorized agent
Date: �� a �T, 201
f he "Agreement Date" is the date that Seller executes and accepts Buyer's offer as evidenced by the date affixed
iereto by Seller.
felling Agent/Firm/Phone
as 1 I Buyer's Agent [ J Seller's (sub) Agent [ ] Dual Agent
,isting Agent/Firm/Phone �'�' ( Ff
Acting as [ )Seller's (sub) Agent [ ] Dttai Agent
ADDENDUM "A" VITAi.IW-ORMATION STA1-E141E"hrT
Phis prupialy inrormation statement comwas important information regarding responsibilities associated with Mine development of this
property. ilit following inturmatiwt has barn obtained from sources deemed reliable. No represcotaumi or guarantee to the accuracy dicrcof
is made and such information is subject to change without notice
The parcel being purchased Lot(s)1F (P in the subdivision latown as The Peninsula Ai Topsail [mated in Pender County, NC has been
found in the Pcuda County Registry of Deals.
Easements. Purchaser understamis that ea crocuts have been granted to cosure the rights of ingms, egress and utility service. for the
subdivision. All casements will be shown orb the recorded plat.
Electricity: rlecric sa-vice is provided by Jonu-0nslow Ekciric !Ntxnbcrship C'rnpnration, Phone Number 800.682-1515.
Telephone/Cable TV: Service provided by Atlantic Telephone Membership Corp., Phone Number 8118-367-2862.
Water: Potable wiucr service is provided by 1'0wo of Surf City Uuhlies, 910-329-3921. Approval by the Architectural Review Catnlniuce is
required for individual irrigation wells.
Sewer: Sewer service is provided by Town of Surf City Utilities, 910-32R-3921.
Building Perrnits. They are required by the Town of Surf City Inspections Department. Conuu t Dixon hey at 9)0.329.3921.
Tarts: The current tax rate for Per lcr County Is 50.5120 per S 100.00 of assessed value, and the tax rate far Surf Ciry is SO.41 per S I00.00
of assessed value.
—Exarnpic - S I00,000.00:I00,110 = W00 00 x 0.9220 m 5972 per year in property taxes
Pender County Contact Information:
County Manager
910-259-1200
Tax Assessor
910-259-1221
Building Inspector
910-259.1201
Environmental be t
910 259-1233
R later ufiieeds
910-259-1225
Roads: Purchaser understands that the roads in 7be Peninsula A(Tupsail will be private. Private roads shall be ntariia alined by talc "Thu
Peninsula At Topsail Homeowners .Association" fund. As of the date of this contract. all roadway,. within The Peninsula At Topsail are
complete.
Financing: Purchaser ogees 10 make written application fen the Loan within three (3) days after the effective date gt'thisi Agtwnen/
Purchaser must be able to obtain financing from a lcnoipg institution at a Foam to value ratio of at "a 4evertty five percem (10)9 r urchu-cr
agrees to provide the lending institution, in a tuncly matuter, all necessary documentation requued to obtain a bun conuniQAenl. This
includes but is not limited to: pay stubs, jwrsonal and.iu husiness tax returns, bank sratementc ctc. Purchaser also abdtori7cs any and all
lenders and any potential invcs or or insurer of this loan to disclose to Seiler the hiatus of the Purcbosces information and documentation
requested to process and approve the loan. Purchaser agrees to promptly fwnish Seller %Tiuen c nftrmatiou front the lender of havhug
applied for the IA=, and if Purchaser fails to furnish Seller written curtruntauou from the lender of having applied fur the make:Loan, Seller nay
dema hd tin compliance, and if Pu chard does nut furnish Seller written ctnrftrmalfun from die lender ofapplieatlon widriu etc (1) day
after such demand, then Sella inay icmunate this Agreement by wTincm notice to Purchascr at any time thereafter, provided Seller has not
received written avidenee of the application, and upon such termination by Seller, all Earnest Marcy shall he f n-re red t0 Seller as liquidated
damages and as Sellers sole and exclusive remedy. in the evat that the Purchase, is unable to obtain financing from nvo separate lending
1—tstuoona. one orwhieh rust Ac a leading iti*ututitm provided by Sellet, and has attempted to do to diligently and in good faith, Purchaser
,hall he tequired, to widiiu titlaen (13) calendar Jays of tlds Agieement, to give Seiler wriueu notice lion the two lending msuuunxhs mf
Purchaser's inability to obtain fuldnch, At ibis lime, Purchaser shall be required to apply fix Otlller tluancing through PaillMil At
Topsail, LLC. if unabic to obtain owner financing through Peninsula At Topsail, LLC. Purchaser may then obtain a refund ofthe Earnest
Money Ikposit. Failure of Purchaser to identify and iufomt seller within fifteen 0 5) calendar days shall be dta med a waiver of the
financing contingency and the Earnest Money shall be ti ricited to Seller as liquidated damugts ;end as Sellur's sole and exclusive rented)
TINIF IS OF THF. FSSEtACF
Approximate Bank Financing Rates and Closing Fees:
Les X r Purchase Price 14, Gtx-). tV
IT.rr)e Nanx: r"u f,jl- Ceflt-u'.1 i6ank l,urrrat Interest Pour C), --5 W
Originaimt F" Paid at Clmurg l� O(PS_ No prepaymard penalty, apprmsal lee oey apply, no mints
Application Fttof$ muubcsubtttittcdvvithlwn.pplutatkm. \lakrGlrrxksPryaidetty
PuchAsu agrees to wake wntt m zppheitti.ut tier die Loan within lluu: (3) drys atlel Lbw atleclivc diw of utia Abaccnhau. PruclAw nrtnt be able w obtain fin owing faun a
lending institution at a Ivan to -luc ratio of at kissi sevvauy five pcm m (75%). Purctusa Agrees to provide tht lending irsdtatoa, in a timely manna, all necessary
dntumentation mgoned to obum a loan armmitmem. This includes him is not limited to: pay snobs, personal anit'ar husine s in returns, tank statements, CM. Prtrci Er
at- autlwrires any and aF lades and any poicatial inveswi or imairer of this loan to diu:lvsc w Selha the status of the Purchssn'a information and tlocurnuusuenr
requested (a proem and approve the Ioat. Pacha er agres W promptly famish Stile; w•ioacu conftz"urm from the lender of having applied for the Lawn, and if
Purchaser fails to famish Sellcr ttritten coorirmaiion frum Ile lender of hating applied fur the Loan. Sclicr may make dauand fur coinplianc:, and if Puiclww dos not
furnish Scllcr omen eurtfimnatwn town die lunch ci appliettimr within ant (1) Jay after such demand, then Sctler may tennirurs this Alpx t by written rarlicc w
Purehagar at any it= thereafter, provided Seller Ins not rerouted utitim evidanu of the applicalim, and upon such termination by Sellct, all Euntst Moncy Shill be
ftafcitcd to Sella as liquidaled dtunages and as Seller'; sole and exeluive mmady In the event that the Purchaser is tmabk to obtain financing Fain two styar,Je lrtdm3
msttwltoas, ope of wliv:h must be a !rnding uutioniop pravi&td by &JLv. and Ismi attempted to do so diligently and in good faith. Pwchitsr, shall be required, to within
fifteen ( I S) calends days of this Agrcerrmn t, to give Seller antic i notice lean die two ltoilirrg itutitutiau of Pwclue,tr•'s inabi:ny to ulitaur rirrmaiirj At this time,
Put6aiu Jiull be r,quiti J to apply for owesr fuanciag dimugh Peninsula At Top&1i1, LiR. if unable to obtain oviva rwsneing thruuxlr Puri pia At Topsail, UX,
Purchaser rtuy it" obtain a r i aid of the Eases; bloncy ticpo,iL Failure of Purchaser to ideru fy and mfettn Seller within fifteen (15) calendar days shall be donned a
%va:v 7 of the f nmul-W contingency and the Eamr-n Money shall be forfeited to Seller at bgwdate,4 dmmtgca and as Seller's soft and cxcluvtvo remedy 11NIE. IS OF TIM
rSSL•NCE
Closing .Attorney: Snow Sharili, Clueing Paralegal - realdilllaw(a?earthlink.net
G. Redmond Dill, Jr., Attorney at Law
U.S. Mail: P.O. Boot 332, Valdese, NC 28690
FedEx1UPS: 504 East Union Street, Morganton, NC 28653
OhIce: 828-433-67OU Fax: 828433-6555
Make check payable to: G. Redmond Dill Jr. Trust Account
Buyer is responsible for all closing cast.
Closing Fee (attorney fee & title search)
Title insurance(Puieh.tar Prir:r:'IW0xs2.25)
Overnight Fees
Est. Prorated 2014 Taxes — County and Town
Est- Prorated POA Annual Fee ($ (1,100 per year)
Recording Fees
Excise TaxiRevenue Stamps wurchcac ltiee'lntnit2)
Origination Fee
Appraisal Fee
Tonal Fstimatcd Closing Costs =
'7mm and Pi)A ce r;tiniatcs .�citml taxes au{ call be a;rcrseJ tin<J ea low elom,g eWe,
$650.00
-11395.ss
$75,00
0lglcl I is
rJAU. au
$52.00
r31550 a:
14 8tn_ tcS
$400.00
G 14 59 6, wf+
Purchase understands that time is of the essence in closing this transaction. in the event that this transaction is closed by nia(l, purchaser
agrees to return all closing paperwork in a timely fashion (24 hours or less).
Purchaser arknowledges that the future value of the land is uncertain and the grantor makes no guarantees expressed or implied as to the
future value ofany Tut in The Peninsula At Topsail,
CERTIFICAT[ON
Purch vcr llH axzh itiwa ttr abm dock— r and rlie Pwchi S ter+ ttrsgn plvca ucirucrruptrii ntwv to -V ri and updawwd all xurrn,= vuthra tax dexhxtp
THE PENINSULA AT TOPSAIL
SUBDIVISION STREETS DISCLOSURE STATEMENT
2 copies must be signed, l copy retained by Seller and I copy retained by prospective Buyer(s)
Pursuant to N.C.G.S. § 136-102.6 (f), Peninsula at Topsail, LLC, a North Carolina limited liability company
("Seller"), does hereby certify to the undersigned Buyer of Lot(s) # (o_ of The Peninsula at Topsail (the
"Subdivision") as shown on plat recorded in Map Book 56, Page 39 in the Pender County Registry (the
"Property"), that:
1. The Property fronts upon an extension of Walter R Atkinson Road (the "Street") which has not been
accepted on the Highway System of the Stag: of North Carolina or by any municipality.
2. The Street is not constructed to minimum standards sufficient to allow its inclusion in the State highway
system for state maintenance or into the municipal road system for local maintenance.
3. None of the State of North Carolina, County of Pender, or Town of Surf City are under any obligation or
requirement whatsoever to maintain, repair, or replace said Street.
4. The Street may be damaged by natural occurrences.
5. Peninsula at Topsail HOA, made up solely of members who are the owners of lots within the Subdivision,
will be responsible for all maintenance, repair, or replacement of the Street. Membership in Peninsula at
Topsail HOA is mandatory for all purchasers of Lots in The Peninsula at Topsail.
6. Peninsula at Topsail HOA will be required to budget sufficient funds (and raise those funds through
assessments on its members) for periodic repairs in order to maintain the Street in a safe and usable
condition and to comply with any laws enacted from time to time concerning such private roads.
Peninsula at Topsail, LLC
By:
-- , Manager
The undersigned Prospective Buyer(s) acknowledge receipt of a duplicate original of this Subdivision Streets
Disclosure Statement and further acknowledge that they understand the substance of the infonnation herein, this
19 ,_ day of A^ , 201 J_.
PROSPECTIVE BUYER(S)
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