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HomeMy WebLinkAboutSC_03-34_ValenteSurf City/Pendet��jJ1� �I Local Government J b1AY 19 2003 L DIVISION OF COASTAL MANAGEMENT Issued to CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, 'Coastal Area Management." Robert J Valente —authorizingdevelopmentin Ocean czar at 1304 N Topsail Dr as requested in the permittee's application, dated 04 / 0 3 / 0 3 03/34 Permit Number This permit, issued on 04 / 1 7 / 0 3 is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. 1. The structure shall comply with the North Carolina Building Code, including the Coastal and Flood Plain Construction Standards, Chapters, 40-41 Volume 7 and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards; the more restrictive provision shall control. 2. The structure must be elevated on pilings with a diameter of at least 8 inches and the first habitable floor level measured to top of floor in AE Zone and bottom of lowest horizontal supporting member in VE Zone to meet 100- year flood elevation. 3. This permit may be renewed for one year if requested before the expiration date. 4. All proposed development must be consistent with all -applicable Federal, State, and Local standards. 5. All proposed development and associated construction must be done in accordance with the permitted workplat drawings as originally submitted and dated April 03, 2003. 6. Any change or changes in the plans for development, construction, or land use activities will require a re- evaluation and modification of this permit. 7. Pursuant to 15A NCAC, Subchapter 710406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. 8. Any structure shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The stmcture(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourfshment takes place within two years of the time the structure becomes imminently threatened so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC Rules. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m,.st cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, 2006 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. .n Lo ermit Oliicer (signature) teve Padgett PO Box 2475 name City, address tee (signature required if sp ial conditions a pply to permit) Surf City/fender Local Government 03/34 Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issued to Robert 3 Valente _ authorizing development in Ocean Hazar it Dr requested in the permittee's application, dated 04 / 0 3 / 0 3 This permit, issued on 0 4 / 17 / 0 3 is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes setforth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. i. The structure shall comply with the North Carolina Building Code, including the Coastal and Flood Plain Construction Standards, Chapters, 40-41 Volume 7 and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards; the more restrictive provision shall control. 2. The structure must be elevated on pilings with a diameter of at least 8 inches and the first habitable floor level measured to top of floor in AE Zone and bottom of lowest horizontal supporting member in VE Zone to meet 100- year flood elevation. 3. This permit may be renewed for one year if requested before the expiration date. 4. All proposed development must be consistent with all -applicable Federal, State, and Local standards. 5. All proposed development and associated construction must be done in accordance with the permitted workplat drawings as originally submitted and dated April 03, 2003. 6. Any change or changes in the plans for development, construction, or land use activities will require a re- evaluation and modification of this permit. 7. Pursuant to 15A NCAC, Subchapter 71.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. 8. Any structure shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened so that the structure is no longer imminently threatened, o the or dismantled at that time. This condition shall not affect the permit holder's right o o IE temporary protective measures allowed under CRC Rules. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m,.st cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, 2006 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. ISIO OF AGG !C D EMENT Lo2gPermit Officer (signature) Steve Padgett PO Box 2475 name Surf City, NC 2P45 address (signature required if special conditions above apply to permit) Surf Gity/Pender Local Government 03/34 Permit Number Issued to CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, 'Coastal Area Management." Robert J Vdlente authorizing development in ocean Hazard A at 1304 N Topsail Dr as requested in the permittee's application, dated 04 / 0 3 / 0 3 This permit, Issued on 0 4 / 17 / 0 3 is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes setforth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. 1. The structure shall comply with the North Carolina Building Code, including the Coastal and Flood Plain Construction Standards, Chapters, 40-41 Volume 7 and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance is inconsistent with any of the following AEC standards; the more restrictive provision shall control. 2. The structure must be elevated on pilings with a diameter of at least 8 inches and the first habitable floor level measured to top of floor in AE Zone and bottom of lowest horizontal supporting member in VE Zone to meet 100- year flood elevation. 3. This permit may be renewed for one year if requested before the expiration date. 4. All proposed development must be consistent with all -applicable Federal, State, and Local standards. 5. All proposed development and associated construction must be done in accordance with the permitted workplat drawings as originally submitted and dated April 03, 2003. 6. Any change or changes in the plans for development, construction, or land use activities will require a re- evaluation and modification of this permit. 7. Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold �y otherwise disposed of to a third-party.yj.Qrt 8 hall be 1 fed di tied h 't beco imminenti threatened by chan es A y structure s re oca or sl»an w en i mes y g shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the tim en it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if na APR 1 20 shoreline recovery or beach renourishment takes place within two years of the time the structure imminently threatened so that the structure is no longer munmently threatened, then it need not be relocated DIVISION or dismantled at that time. This condition shall not affect the permit holder's right to seek authoriza"rp�'STAL MAN, temporary protective measures allowed under CRC Rules. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m..st cease until the appeal is resolved. This permit must be on the project she and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31. 2006 In issuing this permit It is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. L0gWrPadgett U11J11L Oflicer (signature) teve PO Box 2475 name Surf City, NC 2944F address (signature required if special conditions above apply to permit) Locality ((I0_ C( I ! / RCN/' Z{ci Permit Number 3� GENERAL INFORMATION LA D OW ER FM"M Address City Eumb :r-SLE Statie A/ r_ AUTHORIZED AGENT5It-c-rl4 - Name ) R) tJ N E Address ' +T�7 , 3 n . Ri ER IN, City -J iARF Q tTy State I�V Zip 8_a 445 Phone LOCATION OF PROJECT 1304 (If not oceanfront, is waterbody natural or manmade?) OF PROJECT lGis. WITI R I kg A 61�CrLp EWiL`I. Z oMC AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION �y ��� (To be filled in by the Local Permit Officer prior to completing application.) Ocean Hazard Estuarine Shoreline ORW Shoreline PubliEst SA"Iit j__M Oth PROP¢SED USE DIVISION OF Residential Commerical/Industrial Other COASTAL MANAGEMENT SQUARE FOOTAGE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES (such as driveways, etc.) within 75 feet of the estuarine shoreline, or 575 feet of an ORW shoreline, or 30 feet of the public trust shoreline. t a �10^� '30 sR� SQUARE FOOTAGE OF TOTAL FLOOR AREA OF BUILDING NOZ�oX C�E� d�DO sc;;, FT SQUARE FOOTAGE OF SITE ,-6Xg7`=g1$50 OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit. As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Bunting, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others. KOKITAW!_ I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) _ an owner or record title, Title is vested in see Deed Book page in the County Registry o Dee s. _ an owner by virtue of inheritance. Applicant is an heir to the estate of probate was in County. v/if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. Wamp) (Atirtrpccl (1) (2) (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AR61c APR 1 12003 I acknowledge that the landowner is aware that the proposed development is planned fc0 pp M�1Wmay be susceptible to erosion and/or floodin&. I acknowledge that the local permit of i� p�ej ft N T particular hazard problems associated with this lot. This explanation was accom y recommen ahons concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this application, the ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrat ve action. This the day of 20-aa. RECEIVED APR U 3 2003 d owner r"person uthor to act as his agent for purposes of filing a CAMA permit application. ro ; . s�� �� P kf��- P C7Z M l r F D P. F)W E KT �J . _ A- E RYC Iti C d 20� 30'T (�a 1 NG-l..E FV1Nlll.�l (TW o W tTtk FRoN-r Q� �� I-D � � � x s �l F ECEIVE APR 1 12003 DIVISION OF COASTAL MANAGEMENT �IU� ,82 ° yo NO s� ° 0922 11 yo U Q S�J� o�, 9889 13 12 yo 1y Q 9 10 yo � ��� 9846 14 yo 0 15 'bib11 o�� 16 �0 12 1824 ° 9803 13 ���' 18 17 14 0871 ° g v go 15 go 8727 0 ° 17 16 0738 21 22 19 18 795 o / 20 kt 21 9732 y° y° 22 8697 ' 77Q 11635 2 0° yo D I At 8602 1 6 1 °o o �i�o 16 0 9 y° o� 17 38 19 18 1y yg 95ts 20 21 yo 22 II , 23 9409 °° as H VE 0 8476 2 APR 1 12003 DIVISION uF �A^�Al ■annui!_CWICAIT z w LL W b `V 00 Q o Q O U CAMA I NOTICE OF FILING OF APPLICATION FOR CAMA MINOR DEVELOPMENT PERMIT Pursuant to NCGS 113-119(b), Town of Surf City, a locality authorized to issue CAMA permits in Areas of Environmental Concern hereby gives NOTICE that on 04-03-03, Robert J Valente applied for a CAMA permit to build a single family dwelling unit in the Ocean Hazard AEC at 1304 N Topsail Drive. The application may be inspected at the address below. Public comments received by 04-17-03 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Steve Padgett Town of Surf City PO Box 2475 214 North New River Dr. Surf City, NC 28445 (910)-328-4131 Please publish on 04-09-03 (cFEV]E APR 1 12003 D DIVISION OF COASTAL MANAGEMENT �30q N. T P6R14,,U(�IVE) C5,V6 AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alteration are designed to minimize, bu t not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual ocean erosion rate for the area where your property is located is _ 9 feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as /35feet landward in a major storm. Th floodwaters in a major storm are predicted tobeabout feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary devices, including sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled within two years of becoming imminently threatened. The applicant must acknowledge this information and requirements by signing this notice in the below space. Without the proper signature, the application will not be complete. .v Date `�/ `•� �/ �'3 SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer will determine the vegetation line and setback distance at your site. If the property has seen little change and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Itis impor- tant that you check with the LPO before the permmt expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary. If substantial progress has not been made, the permit must be renewed and a new setback line established. It is unlawful to continue work after permit expiration without this approval. For more information, contact: Local Permit Officer ,o o 6 ay7S Address J14 /-- 6/ a,?yYs Locality q, () - 3 -, S - y1,5 Phone RW � )F APR 1 1 2003 "ED DIVISION OF COASTAL MANAGEMENT Revised 11193 FROM -". JEAN BROWN REAL ESTATE FAX NO. : 910 320 1933 Apr. 04 2003 Oi:OOPM P2 nj m O ru C3 C3 M rl to ru r4 C3 C3 Ln —0 Fri m ED —0 ,R ni C3 C3 C3 C3 q Ln ru �=f C3 C3 It I 1IN I (EiidL,rw.1i od Aoqui,ftri) Total PaRtage A F"e, I $ S,w T, st .Ak., pr �R!,W-----aPC)flo........T—�-----Li- -- - Crtt: Stare. ZIP.4ATt-RtR,CA 30�345 N 14eturn Receipt FR9 (Pnoorsevient Renoiro(j) Restricted (�Fidcrsempmw nequirmi) Total Postage & Peen Or PO So. Aro_'joi ......... . .... _ H. �I_j .. Ab ,1y. State, Zip, 4 ------ -------- ------ - ("ft .......... I .............. CMG FORT-NJ08403 ""a ""I EM All I 1 2003D DIVISION OF COASTAL MANAGEMENT Pender County CountyMapper CD Version April 2003 [ k 1 Inch = 25.85469 Feet. �: �. •• tic PIN=12121 NAME=MCINTYRE CHARLES G ET AL ADDR-7075 SHILOH RD CITY=WILLARD STATE -NC ZIP-284780000 PROP ADDR-N TOPSAIL DR 1304 PROP DESC=LT 19 AND 20 BL 10 PL' DATE-No date SALE PRICE=O BK PO-3%725 GEd PIN-42454388600DOO ACCOUNT-14314 TNSH-102 TNSH DESC=TOPSAIL ACRES=0 LAND VAL-40700 BLDG VAL-O TOTAL VALU-40700 DEFERRED-0 SUBDMSIO-DEL MAR BEACH ZONE-R5 TAX CODES-G01 C53 EXEFAPT=No deft USE=No data MAPN-4245 014 075 MAP SHEET=No date HEAT_SO_FT=No data A d) 12 APR 1 12003 OF SION COASTDAIL (MANAGEMENT OFFER TO PURCHASE AND CONTRACT _ Robert J. Valente as Buyer, hereby offers to purchase and Charles G. McIntyre Gloria R. McIntyre as Seller, upon acceptance of said offer, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with all improvements located thereon and such fixtures and personal property as are listed below (collectively referred to as the "Property"), upon the following terms and conditions: 1. REAL PROPERTY: Located in the City of SURF CITY County of Pender State of North Carolina, being known as and more particularly described as: Street Address 1304 N. Topsail Dr. Zip 28445 Legal Description: Lots 19 and 20 Del Mar Beach ( ® All ❑ A portion of the property in Deed Reference: Book 350 , Page No. 225 , Pender County.) NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Restrictive Covenants, if any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By -Laws, Articles of Incorporation, Rules and Regulations, and other governing documents of the owners' association and/or the subdivision, if applicable. 2. FIXTURES: The following items, if any, are included in the purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, attached Floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (otter than in movable containers), basketball goals, storage sheds, mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT the following items: 3. PERSONAL PROPERTY: The following personal property is included in the purchase price: N/A 4. PURCHASE PRICE:The purchase price is $ 62, 500.00 and shall be paid as follows: (a) $1, 000.00 , EARNEST MONEY DEPOSIT with this offer by ❑ cash ® personal check ❑ bank check ❑ certified check ❑ other: N/A to be deposited and held in escrow by N/A ('Escrow Agent") until the sale is closed, 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) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of breach of this contract by Seller, upon Buyer's request, all earnest monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this contract, then all earnest monies shall be forfeited upon Seller's request, but receipt of such forfeited earnest monies shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by a broker, the broker is required by state law to retain said earnest money in the broker's trust or escrow account until a written release from die parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. (b) $ NIA, ADDITIONAL EARNEST MONEY DEPOSIT to be paid to Escrow Agent no later than N/A , TIME BEING OF THE ESSENCE WITH REGARD TO SAID DATE. (c) $ N/A , 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. (d) $ N/A , BY SELLER FINANCING in accordance with the attached Seller Financing Addendum. (e) $ 61, 500.00 , BALANCE of the purchase price in cash at Closing. 5. CONDITIONS: (State N/A in each blank that is not a condition to this contract.) (a) Buyer must be able to obtain a ❑ FHA ❑ VA (attach FHA/VA Financing Addendum) ❑ Conventional ❑ Other: N/A loan at a ❑ Fixed Rate ❑ Adjustable Rate in the principal amount of N/A (plus any financed VA Funding Fee or FHA MIP) for a term of N/A year(s), at an initial interest rate not to exceed N/A % per annum, with mortgage loan discount points not to exceed N/A % of the loan amount. Buyer shall apply for said loan within N/A days of the Effective Date of this contract. Buyer shall use Buyer's best efforts to secure the lender's customary loan commitment letter on or before N/A and to satisfy all terms and conditions of the loan commitment letter by Closing. After the above letter date, Seller may request in writing from Buyer a copy of the loan commitment letter. If Buyer fails to provide Seller a copy of the loan commitment letter or a written waiver of this loan condition within five days of receipt of Seller's request, Seller may terminate this contract by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the letter or the waiver. This form jointly approved by: Page 1 of 4 p7FORM2-T V North Carolina Bar Association 11/072002 ro , North Ca istion o REAL -TA Inc. Y IYNIY 1/$uyer Initial - Seller lnirya,'al APR 1 1 2^ 3 Jeers Brown Rcal Eelate 5 H.N. New Rivar [jr SuifCi NC S u.Bi Plrone:8 4 4480 F" 910328I933 \ L TUCK, KEALTOR - ..._. _..... 1. ...., ...,. .� 17244802.ZFX rawor COASTAL MANAGEMENT •(b) There mdst be no restriction, easement, zoning or other governmental regulation that would prevent the reasonable use of the Property for RESIDENTIAL purposes. (c) The Property must be in substantially the same or better condition at Closing as on the date of this offer, reasonable wear and tear excepted. (d) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations following Closing. (e) Title must be delivered at Closing by GENERAL WARRANTY DEED unless otherwise stated herein, and must be fee simple marketable and insurable title, free of all encumbrances except: ad valorem taxes for the current year (prorated through the date of Closing); utility easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right of way. 6. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows: N/A (Insert "None" or the identification of such assessments, if any.) Seller shall pay all owners' association assessments and all governmental assessments confirmed through the time of Closing, if any, and Buyer shall take title subject to all pending assessments, if any, unless otherwise agreed as follows: N/A _ _ 7. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at Closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis through the date of Closing; (b) Ad valorem taxes on personal property for the entire year shall be paid by the Seller unless the personal property is conveyed to the Buyer, in which case, the personal property taxes shall be prorated on a calendar year basis through the date of Closing; (c) All late listing penalties, if any, shall be paid by Seller; (d) Rents, if any, for the Property shall be prorated through the date of Closing; (e) Owners' association dues and other like charges shall be prorated through the date of Closing, Seller represents that the regular owners' association dues, if any, are $ N/A per N/A & CLOSING EXPENSES: Buyer shall be responsible for all costs with respect to any loan obtained by Buyer. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps) required by law. If Seller is to pay any of Buyer's expenses associated with the purchase of the Property, the amount thereof shall be $ N/A , including any FHA/VA lender and inspection costs that Buyer is not permitted to pay, but excluding any portion disapproved by Buyer's lender. 9. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate with the cost of measurement thereof, if any, being paid by Seller. 10. EVIDENCE OF TITLE: Seller agrees to use his best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date of this contract, 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 and easements relating to the Property. 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 Buyer's and Seller's agents and attorneys; and (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 Sellers agents and attorneys. 11. LABOR AND MATERIAL: Seller shall furnish at Closing an affidavit and inde c ' factory to Buyer showing that all labor and materials, if any, famished to the Property within l20 da si a een paid for and agreeing to indemnify Buyer against all loss from any cause or claim arising there 1111LLLL 12. PROPERTY DISCLOSURE AND INSPECTIONS: (a) Property Disclosure: APR 1 12003 ❑ Buyer has received a signed copy of the N.C. Residential Property Disclosure entor to the signing o Offer to Purchase and Contract. 1 IpriV I S I O N OF ❑ Buyer has NOT received a signed copy of the N.C. Residential Property Disclo4ee teSn�lLpri�di �l�ar �8% Tjtis Offer to Purchase and Contract and shall have the right to terminate or withdraw this contract without penalty prior to WHICHEVER OF THE FOLLOWING EVENTS OCCURS FIRST: (1) the end of the third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the date the contract was made; or (3) Closing or occupancy by the Buyer in the case of a sale or exchange. ® Exempt from N.C. Residential Property Disclosure Statement because (SEE GUIDELINES) ❑ The Property is residential and was built prior to 1978 (Attach Lead -Based Paint or Lead -Based Paint Hazards Disclosure Ad um Pagy 2 of 4 STANDARD FORM 2 - T Buyer Initials Seller Initial ® 7/2002 FYMIrwX WM ]MFmm�In RFFmmYMt If: 1NYlR LIR MRw P" vim'— Tnwlr h "py n"17244802.7.FX (b) Property Inspection: Unless otherwise stated herein, Buyer shall have the option of inspecting, or obtaining at 1 inspections, to detennine the condition of the Property. Unless otherwise stated herein, it is a condition of this cunt built-in appliances, electrical system, plumbing system, heating and cooling systems, roof coverings (includir gutters), doors and windows, exterior surfaces, structural components (including foundations, columns, chimney ceilings and roofs), porches and decks, fireplaces and flues, crawl space and attic ventilation systems (if any), v systems (public and private), shall be performing the function for which intended and shall not be in need of immec there shall be no wrusual drainage conditions or evidence of excessive moisture adversely affecting the structure(s; shall be no friable asbestos or existing environmental contamination. Any inspections shall be completed and of necessary repairs shall be given to Seller on or before N/A . Seller shall provide H Buyer of Seller's response within N/A days of Buyer's notice. Buyer is advised to have any inspection incurring exposes for Closing and in sufficient time to permit any required repairs to be completed b Cv losing. (c) Woad -Destroying Insects: Unless otherwise stated herein, Buyer shall have the option of obtaining, at Buyer's e) from a licensed pest control operator on a standard form in accordance with the regulations of the North Carolina Control Committee, stating that as to all structures, except N/A was no visible evidence of wood -destroying insects and containing no indication of visible damage therefrom. The obtained in sufficient time so as to permit treatment, if any, and repairs, if any, to be completed prior to Closing required shall be paid for by Seller and completed prior to Closing, unless otherwise agreed upon in writing by t Buyer is advised that the inspection report described in this paragraph may not always reveal either structural dam caused by agents or organisms other than wood destroying insect . If new construction, Seller shall provide a stands termite soil treatment. (d) Repairs: Pursuant to any inspections in (b) and/or (c) above, if any repairs are necessary, Seller shall have the optior them or refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option o Property in its present condition or terminating this contract, in which case all earnest monies shall be refunded. Ur stated herein, any items not covered by (b) (i), b (ii), b (iii) and (c) above are excluded from repair negotiations under (e) Acceptance: CLOSING SHALL CONMfVTE ACCEPTANCE OF EYSTFrA.Q 1 CONDITION$ LISTED ABOVE IN ITS THEN EXISTING CONDITION UNLESS PROVISION IS OTHER IN WRITING, 13. REASONABLE ACCESS: Seller will provide reasonable access to the Property (including working, existing uti the earlier of Closing or possession by Buyer, to Buyer or Buyer's representatives for the purposes of appraisal, insi evaluation. Buyer may conduct a walk-through inspection of the Property prior to Closing. 14. CLOSING: Closing shall be defined as the date and time of recording of the deed. All parties agree to execui documents and papers necessary in connection with Closing and transfer of title on or before ril 11 2003 designated by Buyer. The deed is to be made to ROBERT J. VALENTE 15, POSSESSION: Unless otherwise provided herein, possession shall be delivered at Closing. In the event possession delivered at Closing: ❑ a Buyer Possession Before Closing Agreement is attached. OR, ❑ a Seller Possession Agreement is attached. 16.OTHER PROVISIONS AND CONDITIONS: (ITEMIZE ALL ADDENDA TO THIS CONTRACT AND ATTAC 17. RISK OF LOSS: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. If the imp the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this contract by written notice Seller or Seller's agent and all deposits shall be returned to Buyer. In the event Buyer does NOT elect to terminate this cc shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of d destruction applicable to the Property being purchased. 18. ASSIGNMENTS: This contract may not be assigned without the written consent of all parties, but if assigned by ag this contract shall be binding on the assignee and his heirs and successors. 19. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller ar successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminir genders, as appropriate. 20. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or perfor Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully obse performed. Ra� 1Ld I V 11:d RO APR 1 1 2W3 STANDARD] Buyer Initials Seller lnitial r IMS I ON O F F,neYrM v,IM )InFmnn lw RF F,x,�,�,Jpl If: 1Pf1�R Gri MYq nM Y:M��MI�/tF�t(��(�TT +��NYlS lgflfll :VC{_Rf1fK 2L 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. 22. NOTICE AND EXECUTION: Any notice or communication to be given to a party herein may be given to the party or to such party's agent. This offer shall become a binding contract (the "Effective Date") when signed by both Buyer and Seller and such signing is communicated to the offering party. This contract is executed under seal in signed multiple originals, all of which together constitute one and the same instrument, with a signed original being retained by each party and each REALTOR® or broker hereto, and the parties adopt the word "SEAL" beside their signatures below. Buyer acknowledges having made an on -site personal examination of the Property prior to the making of this offer. 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. Date: -Jh %Ion XDate: 7/_ /— U —3 Buyer Date: Buyer (SEALSeller(fiq)(SEAL) Robert J. ante Date: � • / — O .3 (SEALxseller ✓�rn�i /f �1 r _(SEAL) Escrow Agent acknowledges receipt of the earnest money and agrees to hold and disburse the some in accordance with the terms hereof. Date ��77/03 Firm: Selling Agent/Firm/Phone Listing Agent/Finn/Phone M Acting as ❑ Buyef's(oent ❑ Seller's (sub)Agent Dual Agent EcEHvE APR 1 1 2003 DIVISION OF COASTAL MANAGEMENT Page 4 of 4 STANDARD FORM 2 - T m W2002 Produced with 21pFon"m by RE Fo sNat LLC 18025 FMteen We Road, Clinton To nship, NFrhigan 48W5, (800) 08Z8005 I7244802ZFX