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HomeMy WebLinkAboutSWA000208_Development Agreement_20230525`'f' i LIMITED LIABILITY COMPANY ANNUAL REPORT I/6/2022 NAME OF LIMITED LIABILITY COMPANY: Yggdrasil, LLC SECRETARY OF STATE ID NUMBER: 2230195 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 2021 AMENDING DOC ID SECTION A: REGISTERED AGENT'S INFORMATION E - Filed Annual Report 2230195 CA202207401277 3/15/2022 09:49 Changes 1. NAME OF REGISTERED AGENT: Dillon -Stout, Nicholas J 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 2022 Independence Commerce Drive 2022 Independence Commerce Drive Matthews, NC 28105-4169 Union County Matthews, NC 28105-4169 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real estate holding, investing, leasing 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 787-2148 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS 2022 Independence Commerce Drive 2022 Independence Commerce Drive Matthews, NC 28105-4169 Matthews, NC 28105-4169 6. Select one of the following If applicable. (Optional see Instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Nicholas J Dillon -Stout NAME: TITLE: Manager TITLE: ADDRESS: ADDRESS: 6630 Summerlin Place Charlotte, NC 28226 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Nicholas J Dillon -Stout SIGNATURE Form must be signed by a Company Official listed under Section C of This form. Nicholas J Dillon -Stout 3/15/2022 Manager DATE Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 0 LIMITED LIABILITY COMPANY ANNUAL REPORT 1/6/2022 NAME OF LIMITED LIABILITY COMPANY: Asbru, LLC SECRETARY OF STATE ID NUMBER: 2280801 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 2023 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Kelly, Olga V 2. SIGNATURE OF THE NEW REGISTERED AGENT: E - Filed Annual Report 2280801 CA202310203700 4/12/2023 11:32 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS 8r COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 5009 Partridge Lane 5009 Partridge Lane Matthews, NC 28104-5412 Union County Matthews, NC 28104-5412 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real estate holding, investing, leasing 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 965-8944 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS S. PRINCIPAL OFFICE MAILING ADDRESS 12138 Stallings Commerce Drive 2022 Independence Commerce Drive Matthews, NC 28105-5098 Matthews, NC 28105-4169 6. Select one of the following If applicable. (Optional see Instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: ,John J Stout NAME: TITLE: Authorized Signatory TITLE: ADDRESS: 2022 Independence Commerce Drive ADDRESS: NAME: TITLE: ADDRESS: Matthews, NC 28105-4169 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in Its entirety by a person/business entity. John J Stout SIGNATURE Form must be signed by a Company Official listed under Section C of This form. John J Stout Print or Type Name of Company Official 4/12/2023 DATE Authorized Signatory Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 DEVELOPMENT AGREEMENT between YGGDRASIL, LLC and ASBRU, LLC WHEREAS, by General Warranty Deed filed in Mecklenburg County on January 4, 2022 and filed in Union County on January 5, 2022, Yggdrasil, LLC ("Yggdrasil") received from Charles Roger Martin all right, title and interest in and to real property consisting of four (4) adjacent tax parcels of land, straddling the common boundary line of Mecklenburg County and Union County, as follows: (1) approximately 0.53 acres, located in the City/Town of Matthews, County of Mecklenburg, State of North Carolina, having Mecklenburg Co. Tax PIN 21509410, (2) approximately 0.72 acres, located in the City/Town of Matthews, County of Mecklenburg, State of North Carolina, having Mecklenburg Co. Tax PIN 21509411, (3) approximately 0.761 acres, located in the County of Union, State of North Carolina, having Union Co. Tax PIN 07099011, and (4) approximately 0.957 acres, located in the County of Union, State of North Carolina, having Union Co. Tax PIN 07099011A (the "YaLrdrasil Property"); WHEREAS, by General Warranty Deed filed in Union County on January 4, 2022, Asbru, LLC ("Asbru") received from Plantation Carolina, L.L.L.P. all right, title and interest in and to real property consisting of approximately 0.525 acres, located on Stallings Commerce Drive, in the County of Union, State of North Carolina, having Union Co. Tax PIN 07102033E (the "Asbru Property'); WHEREAS, Yggdrasil is leading the development of "The Plant Guys" project (the "Project") which currently consists of the five above -referenced tax parcels, the most recent design for which appears on that certain "Site Plan" made by The Isaacs Group dated 7/11/2022; WHEREAS, The Isaacs Group has been engaged for civil design and coordination of permitting for site work, including stormwater permitting; WHEREAS, Asbru agreed to cooperate with Yggdrasil in advancing the Project, provided that reasonable progress is being made and permits / approvals are likely to be obtained prior to January 1, 2024; WHEREAS, the parties acknowledge and recognize that it is critical to Asbru's objectives that a driveway permit be obtained from the Asbru Property onto Stallings Commerce Drive that grants vehicular access from the Asbru Property directly onto Stallings Commerce Drive, and if such vehicular access is not permitted as part of the Project, then Asbru would have the right to withdraw from this Development Agreement without further obligation or liability; WHEREAS, the parties acknowledge and recognize that it is critical to Yggdrasil's objectives that a driveway permit be obtained from the Yggdrasil Property onto Independence Commerce Drive that grants vehicular access from the Yggdrasil Property directly onto Independence Commerce Drive, and if such vehicular access is not permitted as part of the Project, then Yggdrasil would have the right to withdraw from this Development Agreement without further obligation or liability; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Asbru, LLC expressly acknowledges and agrees that Yggdrasil, LLC has the legal right to submit a stormwater permit application within the proposed project area, including (but not limited to) a "State Stormwater Fast Track Process: "Authorization to Construct" (ATC) Permit Application Form" to NC DEQ Division of Energy, Mineral and Land Resources, including all amendments and modifications thereto as may from time to time be deemed advisable by The Isaacs Group and Yggdrasil, LLC. 2. Yggdrasil, LLC shall use its commercially reasonable best efforts to accomplish the purposes and objectives of the Project and this Development Agreement in a timely manner. 3. If, notwithstanding Yggdrasil, LLC's efforts, the approvals and permitting for the Project appear unlikely to be obtained before January 1, 2024, then Yggdrasil, LLC shall inform Asbru, LLC by not later than November 30, 2023. 4. If approvals and permitting for the Project (including driveway permits for both the Yggdrasil Property onto Independence Commerce Drive, as well as for the Asbru Property onto Stallings Commerce Drive) are not in fact obtained prior to January 1, 2024, and if the parties do not enter into an amendment to this Development Agreement to extend or otherwise revise the terms of this Development Agreement, then on and after January 1, 2024 Asbru, LLC shall be free to pursue its own independent objectives for the Asbru Property without regard to the needs or objectives of the Project or Yggdrasil, LLC without further obligation or liability, and Yggdrasil, LLC shall be free to pursue its own independent objectives for the Yggdrasil Property without regard to the needs or objectives of the Project or Asbru, LLC without further obligation or liability. Asbru, LLC, Yggdrasil, LLC a North Carolina limited liability company a North Carolina limited liability company IM John J. Stout, Authorized Signatory Date: April 12, 2023 24�` By: ioreVITout (Apr 12, 2023 08:08 HST) Nicholas Dillon -Stout, Manager Date: April 12, 2023 DEVELOPMENT AGREEMENT Yggdrasil and Asbru April 12 2023 Final Audit Report Created: 2023-04-12 By: John Stout Qohnstout@runbox.com) Status: Signed Transaction ID: CBJCHBCAABAAIFDA_3yJxi9wHc6AowgBglRxVbml3LgC 2023-04-12 "DEVELOPMENT AGREEMENT Yggdrasil and Asbru April 12 2 023" History Document created by John Stout Oohnstout@runbox.com) 2023-04-12 - 5:51:46 PM GMT- IP address: 71.75.203.111 P,+ Document emailed to Nick Dillon -Stout (nickdillonstout@gmail.com) for signature 2023-04-12 - 5:55:27 PM GMT Email viewed by Nick Dillon -Stout (nickdillonstout@gmail.com) 2023-04-12 - 6:08:08 PM GMT- IP address: 74.125.209.57 dQ Document e-signed by Nick Dillon -Stout (nickdillonstout@gmail.com) Signature Date: 2023-04-12 - 6:08:47 PM GMT - Time Source: server- IP address: 174.202.5.119 1 + Document emailed to John Stout Oohnstout@runbox.com) for signature 2023-04-12 - 6:08:48 PM GMT Email viewed by John Stout Oohnstout@runbox.com) 2023-04-12 - 6:20:19 PM GMT- IP address: 71.75.203.111 do Document e-signed by John Stout Oohnstout@runbox.com) Signature Date: 2023-04-12 - 6:20:38 PM GMT - Time Source: server- IP address: 71.75.203.111 0 Agreement completed. 2023-04-12 - 6:20:38 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 0 Adobe Acrobat Sign