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HomeMy WebLinkAbout88-16 Webb & Plucker Minor Mod WithdrawalROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTXTON C. DAVIS pl,4,6� Director August 21, 2018 Environmental Professionals Inc. Mr. George Wood PO Box 3368 Kill Devil Hills, NC 27948 Re: Request for CAMA Minor Modification Withdrawal- Mr. Webb and Ms. Plucker #88-16 Dear Mr. Wood: This letter is in reference to the CAMA Minor Modification request that you submitted to the Division of Coastal Management on April 18, 2018 and was received by the Elizabeth City office on April 23, 2018, on behalf of Mr. Robert Webb and Ms. Gail Plucker, for a proposed relocation of an existing pool and associated amenities, and the construction of a garage and bulkhead on Lot 127-R adjacent to the applicant's property on Duck Road, in the Town of Duck, in Dare County. On May 30, 2018 the Division of Coastal Management received your request to place the project on applicant hold. On August 20, 2018, the Division of Coastal Management received your request to withdraw the permit application referenced above. As such, this file will be retired and considered closed in status. Please contact me at (252) 808-2808, or by email at: grreg .bg odnarA cn denr.gov if you have any question of if I can be of additional assistance. Sincerely, Gregg Bo ar Assistant Major Permits Coordinator �D.F North Carolna Department of Envhnnmental Quality I Division of Coastal Management Morehead Chi Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 --. Cc: Elizabeth City Files Raleigh Bland, USACE Anthony Scarbraugh, DWR Roger Thorpe, DWR Stormwater Management North Carolina Department of UMnonmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 efllrozlle�Til; PI18ff:15�0111�4i PI ANNING I- 1i A lit Till? INPIKONAIFNr August'20. 2018 North Carolina Division of Coastal Management Attn: Mr. Gregg Bodnar 460 Commerce Avenue Morehead City, NC 28557 Dear Mr. Bodnar, This letler'is with reference to LAMA Major Development Permit #88-16 issued to Robert Webb and'Gail Plucker. On April 18, 2018, I, on behalf of Mr. Webb and Ms. Plucker, requested a minor modification to the permit. Due to the necessity of obtaining approval for recombination of the property by the homeowners"association,, I requested the application be placed "On Hold" in my letter of May 30, 2018. Mr. Webb and,Ms. Plucker have decided to abandonthe,rcqucst for the minor modification, and this letter is to inform you of their decision. Thank you for your consideration of this request to modify and by copy of this letter, my clients desire that no further action be taken regarding modifying the CAMA Major Development Permit #88- M. They will be in contact with the Elizabeth City office of the Division of Coastal Management to arrange a pre - construction conference to initiate the development approved in the existing permit. Sincerely, Envnon ntal Professio s, Inc. Geo1 a H. Wood, CEP, P S cc: NC Division of Coastal Management/Attu: Mr. Ron Renaldi Mr. Brian Weisbecker Mr. Robert Webb & Ms. Gail Plucker AUG 2 1 2018 MP SECTION MH® P.O. BOX 336a • BILL DEVIL tt11.LS,.NOItTlIG\ROLINA 27948 TELEPHONE: 252441-0239 • PAX: 252-14I-0721 • EMAIL: o6�wuaa(gyuhwi.cnm �4j= ! MANNOW;1` )R Aaf TIER INVIRON IINI May 30, 2018 North Carolina Division of Coastal Management Attn: Mr. Greg Bodnar 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Bodnar, RECEIVED UN 2018 MP SECTION MHD This letter is with reference to CAMA Major Development Permit #88-16 issued to Robert Webb and Gail Plucker, On April 18, 2018 I, on behalf of Mr. Webb and Ms. Plucker, requested a minor modification to the permit. The request anticipated the recombination of Lots 128 and it portion of Lot 127 to construct a garage, wooden walkway, pool deck, pool, and replacement of the failing bulkhead. During the process of approval for the recombination of the property, the homeowners' association decided to take the request to general membership at their annual meeting in the fall. Therefore, Its we discussed by telephone, the Webbs request the application be placed"On Hold" until the decision can be made by the homeowners' association. Sincerely, Envir4j, nmental Professionals, Inc. // K/ GeoYge H. Wood, CEP, PWS cc: Mr. Bryan Weisbecker P.O. BOX 3348 • KILL DEVIL HILLS, NORTH CAROLIN.A 27948 TELEPHONE: 252-441-0239 • FAX: 252-44t-0721 • EMAIL: xhovmxler.yxhar.cum ROY COOPER <iuver'nar' _r K_ I a MICHAEL S. REGAN Serrrrnn' Coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Din, to, MEMORANDUM TO: Greg Bodnar, Assistant Major Permits Coordinator, Division of Coastal Management, Morehead City FROM: Ron Renaldi, Field Representative, DCM A.A.R. THROUGH: Frank Jennings, District Manager, Northeastern District, DCM I0 �1 DATE: April 26, 2018 SUBJECT: Request for Minor Modification of Major Permit #88-16 issued to: Robert Webb & Gail Plucker REFERENCE: (a) Letter from George Wood of Environmental Professionals, Inc, Authorized Agent for Applicant, (received April 23, 2018) requesting a Minor Modification to Major Permit #88-16 (b) 15A NCAC 073.0405, Permit Modification (c) DWR Project # 20160622 (d) USACOE Action # SAW 2016-01474 Minor Modification to Major Permit 1. George Wood, on behalf of Robert Webb & Gail Plucker, has requested a Minor Modification to Major Permit #88-16, which was issued on August 3, 2016 and expires on December 31, 2019. The original major permit authorized the construction of a new bulkhead waterward of a failing bulkhead/retaining wall system and the placement of backfill material within USACE 404-wetlands. A subsequent Minor Modification issued on January 30, 2018 authorized a bulkhead realignment, the placement of riprap and land disturbance activities associated with moving the dwelling and retaining walls. 2. The applicants are under contract to purchase half of the adjacent riparian property on the south side of the project site and recombine the Lot's into one. As such, George Wood has requested to modify Major Permit #88-16 to include the replacement of the failing bulkhead on the new property. The replacement bulkhead will be ±58' in length and 2' waterward of the existing bulkhead. Additional proposed development includes relocating the pool to the south side of the house, wooden pool decking, a walkway from the pool to the pier, a two -car garage and a concrete driveway and parking area. RECEIVED "Nothing Compares --. Slate of Nonh Carolina I En iron r ental Quality I Coastal Management MAY 0 2 2 018 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 (fax) FICINI-MKD CITY North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 2 3. I conducted a site visit on April 26. 2018 to review the Minor Modification request pursuant to the provisions of reference (a) and have determined that the request meets the requirements contained in 15A NCAC 07H .0208 & 07H .0209 USE STANDARDS. The request to replace the bulkhead will comply with 07H.0208(b)(7). Proposed impervious surfaces within the CAMA 30' buffer have been reduced from 1.1% to 0% and the proposed impervious coverage within the 75' Estuarine Shoreline AEC is 13.6% complying with 07H.0209(d)(2). The proposed walkway from the pool to the pier complies with 7H.0209(d)(10). 4. The required fee of $100, paid by Check #1478, was received by the Elizabeth City District Office on April 23, 2018. 5. It is recommended that the Minor Modification request be granted, provided all the Permit Conditions of the original permit issued on August 3, 2016 and a subsequent Minor Modification on issued on January 30, 2018 remain in effect. NOTE: Circulated to USACE, NCDWR (401), DEMLR (Stormwater), NCDMF, NCWRC Attachments: Copy of Minor Modification Request, including work plan drawings Coastal Management EN ViRONHENTaL QUA!, I - April 30, 2018 MEMORANDUM ROY COOPER Gnvem,,r MICHAEL S. REGAN secretory BRAXTON C. DAVIS Director TO: Raleigh Bland, USACOE / Anthony Scarbraugh, DWR-Water Quality 5 2, / Roger Thorpe, DEMLR-Coastal Stormwater f8 Shane Staples, Fisheries Resource Specialist, DCM 5/4'(eg Marie Tripp Dunn, NC Wildlife Resources Commission �/�(95 ✓ FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Minor Modification Request to Major Permit #88-16 Applicant: Robert Webb & Gail Plucker Project Location: 1166 Duck Road, Lot 127-R, Dare County Proposed Project: Relocating pool to south side of house, wooden pool decking, a walkway from the pool to the pier, a two car garage, concrete driveway and parking area. Please indicate below your agency's position or viewpoint on the proposed project modification and return this form by 05/21/18 to 400 Commerce Avenue, Morehead City. NC 28557. You may also send your comments by fax: 252-247-3330 or email. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. 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 comments. DATE `!`Nothing Compares.- , State of North Carolina I Environmental quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-3901 1 252-331-2951 [fax) RECEIVED MAY 0 2 2018 DCM-MHD CITY Received F;VIIRQUMTU OFE 10.1AIS =1.'f^ APu 2,12010 PUNNING FOR A BETTER ,OR,,N,,FNT DCM-EC April 18, 2018 North Carolina Division of Coastal Management Attn: Mr. Ron Renaldi 401 S. Griffin Street — Suite 300 Elizabeth City, NC 27909 Dear Mr. Renaldi, This letter is with reference to CAMA Major Development Permit #88-16, Robert Webb and Gail Plucker and the discussions we have had regarding a minor modification to the permit. As the Webbs were making plans to improve Lot 127 as permitted by CAMA Permit #88-16, Lot 128 became available for purchase. In order to avoid a substandard house being built on this small lot, the Webbs and the owner of Lot 129 purchased the lot and divided it between them The Webbs propose to use their portion of Lot 128 (now combined with their Lot 127 and referred to as 127-R) to relocate their pool and parking from the north side of the property to the south side (Lot 127-R). Also proposed is the construction of a two -car garage, wooden walkways, pool deck, and replacement of the failing bulkhead (two feet waterward of the existing bulkhead). The result will be no new impervious surfaces proposed waterward of the 30-foot Public Trust AEC and a net reduction of impervious surfaces in the 30-foot Public Trust Buffer from 1.1 % to 0%. The lot coverage within the 75 Estuarine Shoreline will be 13.6% or 1,678 s f. Please find enclosed seven copies of the plat and a $100.00 check payable to the North Carolina Division of Environmental Quality. Thank you for your consideration of this request. Sincerely, Environmental Professionals, Inc. George H. Wood, CEP, PWS Enclosures: a/s cc: Mr. Robert Webb Mr. Bryan Weisbecker RECEIVED MAY 0 2 2018 HD CITY P.O. BOX 3368 • 61L1. IIEI'll. HII.I.S NORTH CAROLIN:% 27948 TELEPHONE: 252-441-0239 - FAR: 252-441-0721 • EMAIL: obrwoodnyahoo.com DocuSign Envelope ID: 6E6A65C9-74D9-4C9F-9135-86AF745A2FF2 Received OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] APR 2 6 1018 NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the propertmtted, 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 involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract —New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction 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 any 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 each term. (a) "Seller": Alan Ray Springston Christa Renee Springston (b) "Buyer": ROBERT WEBB GAIL PLUCKER 6 DEE PROPERTIES LLC (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 2AI I-T) with this offer. Street Address: 1164 DUCK ROAD City: DUCK Zip: 27949 County: DARE 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 LOT: 128 , Block/Section , Subdivision/Condominium FOUR SEASONS IN DUCK , as shown on Plat Book/Slide at Pages) The PIN/PID or other identification number of the Property is: PIN: 985916826649 Other description: Some or all of the Property may be described in Deed Book (d) "Purchase Price": 1752 at Page 137 $ 475,000.00 paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 5,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by ❑ cash ® personal check'[] official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR ® 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 . TIME BEING OF THE ESSENCE with regard to said date. $ 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 Financing Addendum (Standard Form 2A5-T). $ 470,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). This form jointly approved by: Page l of I l RFcF�%ARD FORM 12-T North Carolina Bar Association *W Revised 7/2017 North Carolina Apon of REACTORS®, Inc. Q°�S ��� QCM,M� 2Z��B ©7/2017 Buyer initials' r OI bPO Seller initials F. SP,. R.11,. P Boa a 177 r k. \C 27949 Phom: ]i2261b F., CI�' W EBB DEE 116i Duck IOAnn B. K9"stira Produced Mh zipFor"iW by zipLogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 w .ziol oawxom DocuSign Envelope ID:, 6E6A65C9-74D9-4C9F-9135-86AF745A2FF2 Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to'Buyet. (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid or required to be paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited 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: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest 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. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller as liquidated damages and as Seller's 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 Earnest Money 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 Seller shall not constitute a penalty or forfeiture but actual compensation for Sellers anticipated loss, both patties acknowledging the difficulty determining Seller's actual damages for such breach. If legal proceedings are brought by Buyer or Seller against the other 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): GRAY AND LLOYD GRAY AND LOYD 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: (1) 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 parry 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. 0) "Due Diligence Period": The period beginning on the Effective Date and 45 days after acceptance with regard to said date. Page 2 of 11 D8 ' aP ass C AS Bayer initialsrz �OP66P0 Seller initials extending through 5:00 p.m. on TIME BEING OF THE ESSENCE STANDARD FORM 12-T Revised 712017 © 7/2017 Produced with zipForrafty zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 ww,v.ziotooix.rom WEBB DEE 1164 Docusign Envelope ID: 6E6A65C9-74D9-409F-9135-86AF745A2FF2 (k) "Settlement": The proper execution and delivery to the closing attorney of all documents necessary to complete the transaction contemplated by this Contract, including the deed, settlement statement, deed of trust and other loan or conveyance documents, and 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 50 days after acceptance (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, which includes the following steps: (1) the Settlement (defined above): (2) the completion of a satisfactory title u �pp/p ��QQ rt following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and ( )r[Tdtlbhh he appropriate county registry of the deed(s) and deed(s) of trust, if any, which shall take place as soon as reasonab1"or the closing attorney after Settlement. Upon Closing, the proceeds of sate shall be disbursed by the closing attorney in ac o�¢�{ with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. If the title u date should reveal unexpected liens, encumbrances or other title defects, or if the closing attorney is not authorized to disburse all ns �p, then the Closing shall be suspended and the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing v WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing - constitutes the practice of law and must be performed only by an attorney licensed to practice law in North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non -attorney settlement agents may perform limited services in connection with a closing, they may not perform all the acts and services required to complete a closing. A closing involves significant legal issues that should be handled by an attorney. Accordingly it is the position of the North Carolina Bar Association and the North Carolina Association of REALTORSO that all buyers should hire an attorney licensed in North to (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes. or by an owners' association in addition to any regular assessment (dues), either 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 prior to Settlement. "Confirmed Special Assessment": A Special Assessment that has been approved prior to Settlement whether or not it is fully payable at time of Settlement. 2. BUYER'S DUE DILIGENCE PROCESS: WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration of the Due Diligence Period, Buyer's failure to deliver a Termination Notice to Seller prior to the expiration of the Due Diligence Period 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 materially comply with any of Seller's obligations under paragraph 6 of this Contract or for any other reason permitted under the terms of this 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 consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction. (b) Property Investigation: Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer d@gms appropriate, including but NOT limited to the following: C� Page 3 of l 1 #4k Q os oC 'JANDARD FORYi 12-T raKSiOOJRevised 7/2017 r."GIIP�S h'pL, © 7/2017 Buyer initials'' �' � OI�D Seller initials Produced with zipForny&by ziptogix 1M70 Fifteen Mile Road, Fraser. Michigan 48026 www.zioLoux.cor '" ' WEBB DEE 1164 DocuSign Envelope ID: 6E6A65C9-74D9-4C9F-9135-86AF745A2FF2 (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 Buyers intended use. (ii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) 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. (ui) 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 2Al2-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) Survey: 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 Buyers 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. storttwater 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 streets)/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 Earnest 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. BUYER REPRESENTATIONS: (a) Loan: Buyer ❑ does O does not intend to obtain a new loan in order to purchase the Property. If Buyer is obtaining a new loan, Buyer intends to obtain a loan as follows: ❑ Conventional ❑ Other: loan at a be Buyer initials' .`Owl? Page 4 of Ds Ds S M CE Seller initials STANDARD FORM 12-T Revised 7/2017 Oc 7/2017 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 www.zioLeaix.com WEBB DEE 1164 DocuSign Envelope ID: 6E6A65C9-74D9-4C9F-9135-86AF745A2FF2 ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of for a term of year(s), at an initial interest rate not to exceed %p per annum (the "Loan"). NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining or closing any loan. NOTE: If Buyer does not intend to obtain a new loan, Seller is advised, prior to signing this offer, to obtain documentation from 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 M does not have to sell or lease other real property in order to qualify for a new loan or to 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 or 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 the 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 other 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 closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s): and (2) to release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). Received 5. SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller: ® has owned the Property for at least one year. ❑ has owned the Property for less than one year. ❑ does not yet own the Property. APR 2 6 2010 DCM-EC (b) Assessments: To the best of Sellers knowledge there are no Proposed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): Seller warrants that there are no Confirmed Special Assessments except as follows (Insert "None" or the identification of such assessments, if any): (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ® subjects ❑ does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants. conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum For Properties Exempt from Residential Property Disclosure Statement (Standard Forn jL12-T) shall be completed by Seller. at Seller's expense, and must be attached as an addendum to this Contract. CF as Page 5 of l I os os At A, STIPARD FORM 12-T p Buyer initials'r DPIbPD 1 Seller initialsS OCjy?7JB Revised 7/2017 0 7/2017 Produced with zlpForrtig by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 wwwzp O �' WEBB DEE 1164 DocuSign Envelope ID: 6E6A65C9-74D9-4C9F-9135-86AF745A2FF2 (d) Sewage System Permit: (❑ Applicable x❑ Not Applicable) Seller warrants that the sewage system described in the Improvement Permit attached hereto has been installed, which representation survives Closing, but makes no further representations as to the system. (e) Private Drinking Water Well Permit: (❑ Applicable x❑ Not Applicable) Seller warrants that a private drinking water well has been installed, which representation survives Closing, but makes no farther representations as to the well. (If well installed after July 1, 2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Title, Payoff Statement(s) and Non Foreign Status: (i) Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust, leases, and easements relating to the Property. (ii) Seller shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest in the Property as soon as reasonably possible after the Effective Date, and Seller designates the closing attorney as Seller's agent with express authority to request and obtain on Seller's behalf payoff statements and/or short -pay statements from any such lender(s). (iii) If Seller is not a foreign person as defined by the Foreign Investment in Real Property Tax Act, Seller shall also provide to the closing attorney a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act). In the event Seller shall not provide a non -foreign status affidavit, Seller acknowledges that there may be withholding as provided by the Internal Revenue Code. (b) Authorization to Disclose Information: Seller authorizes: (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyers and Sellers agents and attorneys: (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, and (1) the closing attorney to release and disclose any seller's closing disclosure, settlement statement and/or disbursement summary, or any information therein, to the parties to this transaction, their real estate agent(s) and Buyer's lender(s). (c) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier of Closing or possession by Buyer, including, but not limited to, allowing the Buyer and/or Buyer's agents or representatives an opportunity to (i) conduct Due Diligence, (ii) verify the satisfactory completion of negotiated repairs/improvements, and (iii) conduct a final walk-through inspection of the Property. To the extent applicable. Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. NOTE: See WARNING in paragraph 2 above for limitation on Buyer's right to terminate this Contract as a result of Buyer's continued investigation of the Property following the expiration of the Due Diligence Period. (d) Removal of Seller's Property: Seller shall remove from the Property, by the date possession is delivered, (i) all personal property which is not a part of the purchase and (ii) unless otherwise agreed, all garbage and debris. (e) Affidavit and Indemnification Agreement: Seller shall furnish at Settlement an affidavit(s) and indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment to the Property within 120 days prior to the date of Settlement and who may be entitled to claim a lien against the Property as described in N.C.G.S. §44A-8 verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim arising therefrom. (t) Designation of Lien Agent, Payment and Satisfaction of Liens: If required by N.C.G.S. §44A-It. 1, Seller shall have designated a Lien Agent, and Seller shall deliver to Buyer as soon as reasonably possible a copy of the appointment of Lien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form no later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens, and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of Page 6 of I I osp DS is STANDARD FORttit 12-T r 1 DP GPD a�S 0Dc Revised 7/2017 Buyer initials' .._...- Seller initials © 7/2017 Produced with vpFormG by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.com WEBB DEE 1164 DocuSign Envelope 10, 6E6A65C9-74D94C9F-9135-86AF745A2FF2 the Property, except: ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of way. NOTE: Buyer's failure to conduct a survey or examine title of the Property prior to the expiration of the Due Diligence Period does 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 (Standard Form 2A 14-T) as an addendum to this Contract. (h) Deed, Taxes, and Fees: Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deed is to be made to: Buyers. Percentage of ownership to be determined prior to closing (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ none toward any of Buyer's expenses associated with the purchase of the Property, at the discretion of Buyer and/or lender, if any, including any FHANA lender and inspection costs that Buyer is not permitted to pay. (j) Owners' Association Fees/Charges: Seller shall pay: (i) any fees required for confirming Sellers account payment information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other than those fees required to be paid by Buyer under paragraph 4(b) above: and (iii) fees incurred by Seller in completing the Residential Property and Owners' Association Disclosure Statement, and resale or other certificates related to a proposed sale of the Property. (k) Payment of Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, ��jjr.� >iejjathat the amount thereof can be reasonably determined or estimated. The payment of such estimated amount shall be R.431t between the Parties. epa 8 6 201 (1) Late Listing Penalties: All property tax late fisting penalties, if any, shall be paid by Seller. (m) Owners' Association Disclosure and Condominium Resale Statement Addendum (Standard Form 4—zgplicable, Seller shall provide the completed Owners' Association Disclosure and Condominium Resale Statement Addendum to uyer on or before the Effective Date. (n) Seller's Failure to Comply or Breach: If Seller fails to materially comply with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence without affecting any other remedies. If legal proceedings are brought by Buyer against the Seller to recover the Earnest Money Deposit, the Due Diligence Fee and/or the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence, 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. 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated through the date of 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 shall 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 shall be contingent upon the Property being in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. 9. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing. Buyer may terminate this Contract written notice delivered to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shalt be refunded to B ir[llyt}1e event Buyer does Ds Page o Pf ( DS ST�A�tNv9746 FORM 12-T GAP lH�o 'y�4Y , Revised 7/2017 Buyer initials'~ Seller initials MGM ZOJg 0 7/2017 Produced with zipFwmt by IIpL091% 18070 Fifteen Mile Road, Fraser. Michigal 18026 ww vpLoamcom - •O 0/4- WEBB DEE 1164 DocuSign Envelope ID: 6E6A65C9-74D9-4C9F-9135-86AF745A2FF2 NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property being purchased. Seller is advised not to cancel existing insurance on the Property until after confirming recordation of the deed. 10. DELAY IN SETTLEMENT/CLOSING: Absent agreement to the contrary in this Contract or any subsequent modification thereto, if a party is unable to complete Settlement by the Settlement Date but intends to complete the transaction and is acting in good faith and with reasonable diligence to proceed to Settlement ("Delaying Party"), and if the other party is ready, willing and able to complete 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 Closing within fourteen (t4) days of the Settlement Date (including any amended Settlement Date agreed to in writing by the parties) or to otherwise extend the Settlement Date by written agreement, then the Delaying Party shall be in breach and the Non -Delaying Patty may terminate this Contract and shall be entitled to enforce any remedies available to such party under this Contract for the breach. 11. POSSESSION: Unless otherwise provided herein, possession, including all means of access to the Property (keys, codes, including 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 ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY. AND ATTACH HERETO. ❑ Additional Provisions Addendum (Form 2Al 1-T) ❑ Owners' Association Disclosure And Addendum For Properties ❑ Additional Signatures Addendum (Form 3-T) Exempt from Residential Property Disclosure Statement (Form ❑ Back -Up Contract Addendum (Form 2A1-T) 2Al2-T) ❑ Contingent Sale Addendum (Form 2A2-T) ❑ Seller Financing Addendum (Form 2A5-T) ❑ Loan Assumption Addendum (Form 2A6-T) ❑ Short Sale Addendum (Form 2A14-T) X❑ Identify other attorney or party drafted addenda:ADDENDUM NOTE: UNDER NORTH CAROLINA LAW, REAL ESTATE BROKERS ARE NOT PERMITTED TO DRAFT ADDENDA TO THIS CONTRACT. 13. ASSIGNMENTS: This Contract may not be assigned without the written consent of all patties 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 the 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 additional documents. including assignment of this Contract in connection therewith, at no cost to the non -exchanging party, as shall be required 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 neuter genders, as appropriate. 16. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 17. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein. All changes. additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR® or broker and Seller or Buyer as contained in any listing agreement, buyer agency agreement, or any other agency agreement between them. 18. CONDUCT OF TRANSACTION: The parties agree that any action between them relating to the transaction contemplated by this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or DS ad Buyer initials�i DPhSPD Page 8 of I I —Ds DS ass DS Seller initials STANDARD FORM[ 12-T Revised 7/2017 © 7/2017 Produce) will, zipPorm®by zipLogix 18070 Fifteen Mile Road. Fraser. Michigan 48026 www.ziplooix corn W EBB DEE 1164 DocuSign Envelope ID: 6E6A65C9.74D9r4C9F-9135-86AF745A2FF2 communication given in connection with this Contract. Any written notice or communication may be transmitted to any mailing address. e-mail address or fax number set forth in the "Notice Information" section below. Any notice or communication to be given to a party herein, any any fee, deposit of other payment to be delivered to a party herein, may be given to the party or to such parry's agent. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of any information therein shall not constitute a rejection of an offer or the creation of a counteroffer. 19. EXECUTION: This Contract may be signed in multiple originals or counterparts, all of which together constitute one and the same 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 purposes 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 Contract 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 NO 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 timely 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. Date: 2/4/2018 2/4/2018 2/7/2018 Date: Buyers Frtbt�� U�bb i7(�7( FaapuTs� a P}'!7l�i ,� o EF2 //B/2d18 II'F6E5iR528FHAdFa_S Date: M Buyer I(WPKt9Pomfs UL !!y pu 1Ju. `BHRC-Plli ERTIES LLC Entity Buyer: (Name of LLC/Corpomtion/Partnership/Trustletc-) By: Name: Title: Date: —DxuSgmd by: Selled L'A' rA� S�WA � AL cSvringatcTL/7/2018 Date: DO Sgned W. Seller ��fw �a79"-He gig Springaton Entity Seller: By: Name: Title: Date: (Name of LLC/Corporation/Pannership/Trust/etcJ Received sPR 2 0 2018 ftCt1''1'--0DCM-EC Page 9 of I I MM MAY OZ '�8 `�: STANDARD FORM 12•T hpC� Revised7/2017 O 7/2017 Produced with zipForm®by zipLoglx 18070 Fifteen Mile Road. Fraser. Michigan M026 www.zipLopix.conn WT88 DEE 1164 DocuSlgn Envelope ID: 6E6A65C9-74D9-4C9F-9135-86AF745A2FF2 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 "N/A" FOR ANY WHICH ARE NOT APPROVED. BUYER NOTICE ADDRESS: Mailing Address: 9315 NAVAHO DRIVE, BRENWOOD, TN 37027 Buyer Fax#: Buyer E-mail: bob.Webb@ ingramentextainment. com SELLING AGENT NOTICE ADDRESS: Firm Name: FOUR SEASONS REALTY Acting as❑ Buyer's Agent❑ Seller's (sub)Agent ❑Dual Agent Firm License #: Mailing Address: PO BOX 8177, DUCK, NC 27949 Individual Selling Agent:ao Am B. KONSTAHZER ❑ Acting as a Designated Dual Agent (check only if applicable) Selling Agent License #:177785 Selling Agent Phone#: (252) 261-6664 Selling Agent Fax#: (877) 274-5127 Selling Agent E-mail: ioa=@realestateobx.com SELLER NOTICE ADDRESS: Mailing Address: 175 Oak Shadow, Fayetteville, GA 30215 Seller Fax#: SellerE-mail:al=.springston@gmail.com LISTING AGENT NOTICE ADDRESS: Firm Name: FOUR SEASONS REALTY Acting as ❑ Seller's Agent ❑ Dual Agent Firm License #: Mailing Address: PO BOX 8177, DUCK, NC 27949 Individual Listing Agent: Jo AWN B. KONSTANZER ❑ Acting as a Designated Dual Agent (check only if applicable) Listing Agent License #:177785 Listing Agent Phone#: (252) 261-6664 Listing Agent Fax#: (877) 274-5127 Listing Agent E-mail: ioann@realestateobx.com [THIS SPACE INTENTIONALLY LEFT BLANK] Page 10 of I I STANDARD FORM 12-T Revised 7/2017 © 7/2017 ❑roclucetl with vpForm®by zipLogix wa7a Fifteen Mile Road, Fraser. Michigan 48026 www.zar-wix.wm W EBB DEE 1164 DocuSign Envelope ID: 6E6A65C9-74D9-4C9F-9135.86AF745A2FF2 Received ACKNOWLEDGMENT OF RECEIPT OF MONIES APR E 6 2U10 Seller: Alan Ray Springston , Christa Renee Springston ^�I �1 ("Seller') Buyer:ROBERT WEBB , GAIL PLUCKER 6, DEE PROPERTIES LLC DCM-FC ('Buyer") Property Address: 1164 DUCK ROAD, DUCK, 27949 ("Property") ❑ LISTING AGENT ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I (d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Listing Agent hereby acknowledges. Date: First: FOUR SEASONS REALTY By: (Signature) JO ANN B. KONSTANZER (Print name) ❑ SELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph I (d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of $ , receipt of which Seller hereby acknowledges. Date: Date: Seller: (Signature) Alan Ray Springston Seller: (Signature) Christa Renee Springston ........................................................................................... ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EARNEST MONEY DEPOSIT Paragraph I(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an Initial Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Initial Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: - Firm: GRAY AND LLOYD By: (Signature) GRAY AND LOYD (Print name) ❑ ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of an (Additional) Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Paragraph 1(f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Additional) Earnest Money Deposit and agrees to hold and disburse the same in accordance with the terms of the Offer to Purchase and Contract. Date: Firm: GRAY AND LLOYD Time: ❑ AM ❑ PM By: (Signature) GRAY AND LOYD EIVEff nt name) Page 1 I of t l REC STANDARD FORM 12-T 4 2 2018 Revised 7/2017 MAY LO 7/2017 Producecl with zipFommO by zipLogis 18070 Fifteen Mile Road, Fraser. Michjpo88_waWoy W EBB DEE 1164 Received Renaldi, Ronald APR 2 6 1010 From: Bryan R. Weisbecker, GC, LLC <builderscorner@embargmail.comTIMEC Sent: Thursday, April 26, 2018 12:53 PM To: Renaldi, Ronald Subject: (External] Re: 1166 Duck Rd Minor Mod Attachments: Webb - 1164 Duck Rd. - Offer to Purchase and Contract -Vacant LotLand - 72017.pdf Hi Ron, I reached out to Bob Webb and he forwarded me the attached "Offer to Purchase and Contract". I believe they are due to close later in May as the closing date was extended so we could sort out the CAMA permit issue first. Let me know if you have any questions or need further information as George is busy drinking wine in Italy!' Thanks! Bryan From: Renald!, Ronald Sent: Wednesday, April 25, 2018 12:14 PM To: builderscorner@embargmail.com Subject: 1166 Duck Rd Minor Mod Bryan, I received the Minor Modification for the pool, bulkhead, garage and walkway from George; however I did not get an updated deed or contract to buy for the purchased Lot and Lot recombination. Would you happen to have a copy so I can process this. Dare County is still showing it as owned by Springston and I can't find anything in the land transfer site either. Ron Renaldi Field Representative NC Division of Coastal Management NC Department of Environmental Quality Ronaid.Renaldi@ncdenr.gov (252)264-3901 Ext. 237 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 RECEIVED - ''Nothing Compares MAY 0 2 '[. lb ®CM-MHD CITY NC Division of Coastal Management 91 Cashier's Official Receipt Received From�j��� I� inn M/� rn �� �%� ��.SS i 6i/+a1�[f�,1..✓� PermitNo.: Applicant's Name: Project Address: 6004 (!qB C D Date: 20 '! g IZ56.d O Check No.* County: �1a eit Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant:' I / Signature of Field Representativ d J ter), Date: Date: z-3 RECEIVED MAY 02 M8 DCM-MHD CITY ROY COOPER Governor RECEI VH-- •' MICHAEL S. REGAN HAY 0 1 711'tl SecrelnrV Coastal oCM-Flshtriw,, BRAXTON C. DAVIS Director ENVIRONMENTAL OUALITY 1%llARO April 30, 2018 MEMORANDUM TO: Raleigh Bland, USACOE Anthony Scarbraugh, DWR-Water Quality Roger Thorpe, DEMLR-Coastal Stormwater Shane Staples, Fisheries Resource Specialist, DCM Marie Tripp Dunn, NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Minor Modification Request to Major Permit #88-16 Applicant: Robert Webb & Gail Plucker Project Location: 1166 Duck Road, Lot 127-R, Dare County Proposed Project: Relocating pool to south side of house, wooden pool decking, a walkway from the pool to the pier, a two car garage, concrete driveway and parking area. Please indicate below your agency's position or viewpoint on the proposed project modification and return this form by 05/21/18 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your comments by fax: 252-247-3330 or email. If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY:This agency has no objection to the project as proposed. ✓ 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 comma SIGNED cJ DATE -' 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 4015. Griffin St., Ste 300 1 Elisabeth City, NC 27909 252-264-3901 1 252-331-2951[fax] Bodnar, Gregg From: Moore, Bill Sent: Tuesday, May 08, 2018 11:43 AM To: Bodnar, Gregg Subject: CAMA/Stormwater Reviews Greg, see comments re the following projects. David & Carol Mink: no objection; no additional sw review needed Robert Webb & Gail Plucker: no objection; no additional sw review needed. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources 943 Washington Square Mall Washington, NC 27889 (252)946-6481 Application Review Checklist Applicant (/.e66 A, Oat/ �1� Entered into Spreadsheet? V Agent ��p2Q( Iynd' Field Rep. Cori T Physical Address bro yctG\l 1� to-i4 127—R, AECs {L�t� 1 Habitat �/,y�� / /I Development �L '0 ��� Designations U',�vr ViOd Buffer l Riparian Notification? Green Card? Signed Form? No Obj Waive 15' �It1�tiP R �i1C/1 Water / Deed? Dependent PH or Raparian rights? 1/4 width? �•rY/ 'T Navigation/ n Channel Proximity Residential Commercial Wcalculations 8ft'or27ft2 N/A PTA Incorporated? sw ✓ tF ✓ ± II t °p,.� LY IOCQ�C �.W�/ViDv� Pr o0 II II 75' r3.�%, ov_( +o _ rCT=o/l _vpp(4'�c+5__— _—_-- ---- Z C4� c�r0(e Dutr tol btu W� %� l��� — � i rnfXrJi�S% 75, ptii C— Development Type w/ Rule Reference on Back Permit Checklist Major Development Permit # (� i"'1 Mvi Excavation/FillOd Applicant Address County Physical Location including Waterbody Description MP Forms Dates # Total Drawings Drawings Dates of Drawings Development Types Including Conditions and Notes DWR 401 Certification # MPl I MP2 I MP3 I MP4 MPS USACE SAW # Permit Fee 4[00 Additional Comments On Back 6ast6lmanaoihefit ENVIRONMENTAL OIJAL17Y April 30,2018 MEMORANDUM e. iS- b 5 -0-1- 6 A W M#C MAY 1 7 2018 ROY COOPER, Gam —or MICHAEL S. REGAN Se—lary BRAXfON C.'DAVI'S Director MP SECTION MHD TQ.- Raleigh Bland, USACOE Anthony Scarbraugh,,WK-Water Quality Roger Thorpe, DEMLR-Coastdl Stormwater' Shane Staples, Fisheries Resource'Spe6alik,DCM Marie Tripp DunnNC Wildlife Resources Commission FROM: Doug Hugg ' ett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Minor'Modifilation Request to 3144jor Permit #88-16 Applicant. Robert Webb -,& dMIXIlacker, Pr Location: '116 Duck Road; Lot 127-R-, Dare County Project oca. n: .6 Proposed Proi ect., Relocating pool to south side ofhiouse, wooden,pQo1.dedkiUg, awalkway from the pool to `the pier, a two car garage, concrete driveway and parking area. ,.Please indicate below your agency's position or,viewpoint, on the proposed project modification: and return this form by, 05/21/18 to -400 Commerce Avenueii Morehead City, NC 28557. You may also send your comments by fax: 252-247-3330 or email.- If you have, any, questions regarding the proposed projea, please contact Lynn Mathis at (252) 264-5901,ext. 234. 'When appropriate, in-depth comments withsupporting data.arexequestcd: REPLY: This-agpncy,has no objection to the project as proposed. This.ag ency.has no comment on theproposed project. , This agendy approves of the project only iflhiexecommended qhaqgesare incorporated,. See, attached. This agency objects to the project for reasons described in the attached 7 mments. DATE SIGNED Nothing Compares State of Nonh Carolina I Environmental Qiiality I Coastal Managerribnt A015. Griffin St., Ste 300 I Elizabeth City, NC 27909 252-264-39011252-331-2951 Jf4l Coasta/r Managemen' ENVIRONMENTAL QUALITY April 3,0;,2018 `FlECEIVED/NCDE�r�!;�t, l! I MAY 0 4 2018 Wator. Quality Roglonal CAera'l-Ons'geoflop N/aah!"'Or, Regional 0L7^,o ROY COOPER Cmvinor MICHAEL'S. REGAN, Secmiary BRAXTON C.,DAVIS olrector RECEIVE® MEMORANDUM MAY 2 9 2018 TO: Raleigh Bland, USACOE Anthony ScarbraugF-DWR=Watci_:Qualityy MP SECTION MHD Roger Thorpe, DEMLR-Coastal Stormwaier Shane Staples, Fisheries Resource Specialist, DCM Marie. Tripp Dunn, NC Wildlife Resources:Commission FROM: Doug Huggett,:Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Minor Modif iltion Request to Major Permit #88-16 Applicant: Robert Webb 8i Gail Plucker Project Location: 1166 Duck Road, Lot'l27-R,'Dare County Proposed Project: Relocating pool, to south side of house, wooden pool decking, a walkway from the pool to the.pier; a two cargarage, concrete driveway and parking area. Please indicate below your agency's. position or viewpoint on the proposed projectmodification and return this. form by 05/21/18.to 400 Commerce Avenue, Morehead City, NC28557. You may also send your comments by Sax: 252-247-3330 or email. If. you. have any, questions regarding the proposed project, please contact,Lynn M-athis,at (252) 264-3901, ext. 234. When appropriate; in-depth comments with supporting data are requested. REPLY: This agency ha&no objection to the project as proposed. 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 y�mments. SIGNED DATE S :=-^Nothiild Comparesr-.... Stzte of North Carolina I Environmental Quality I Coastal Management 4015.Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011 252-331-2951 [fax] I