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HomeMy WebLinkAboutSW8061114_Historical File_20070226Page 1 of 1 Elaine F. Marshall Secretary Goi pGrations °'Corporations Home 'Important Notice -Corporations FAQ )Tobacco Manufacturers *Dissolution Reports t"Non-Profit Reports "Verify Certification Online Annual Reports "KBBE B2B Annual Reports I-i11li6 ,Secretary Of State Home Register for E-Procurement !Dept. of Revenue !SOSID Number Correction LeC'_-I.,:.tion -1999 Senate Bills ',200/ Bill Summaries *Annual Reports 1997 O'Corporations 1997 Sea,-ch *By Corporate Name )For New Corporation �=By Registered Agent Online Ordwrs ')Start An Order -)New Payment Procedures Contact Us 'Corporations Division 'WSecretary of State's web site Print Printable Page (New Window) `rPrintable Page (This Window) ,Hide Menu Click here to: North Carolina EC R ETARY cat= SOTAT W PO Box 29622 RVealgh, RAC 2?62"622 (91 J)SD?-2000 Date: 2/16/2007 View Document Filings I �� Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type i."IC Weingarten Nostat, Inc. Legal Business Corporation Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: 0595144 Current -Active 6/21 /2001 Foreign TX Perpetual Capitol Corporate Services, Inc. 120 Penmarc Drive, Suite 118 Raleigh NC 27603 120 Penmarc Drive, Suite 118 Raleigh NC 27603 2600 Citadel Palza Drive Houston TX 77008 Principal Mailing Address: PO Box 924133 Houston TX 77292-4133 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http:/./www.secreta_ry,state.nc.us/Corporations/Corp.aspx?Pitemld=5348132 2/16/2007 21 171 9051 SOSID: 595144 Date Filed: 6/21/2001 11:10 AM Elaine F. Marshall North Carolina Secretary of State State of North Carolina Department of the Secretary of State APPLICATION FOR CERTIFICATE OF AUTHORITY Pursuant to §55-15-03 of the General Statutes of North Carolina, the undersigned corporation hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the corporation is Weingarten Nostat, Inc. ; and if the corporate name is unavailable for use in the State of North Carolina, the name the corporation wishes to use is: WRI Nostat, Inc.. 2. The state or country under whose laws the corporation was organized is: Texas 3. The date of incorporation was 3/ 18/88 ; its period of duration is: Perpetual 4. The street address of the principal office of the corporation is: Number and Street 2600 Citadel Plaza Drive City, State, Zip Code Houton, Texas 77008 5. The mailing address Wdiffierent- roxe the street address of the principal office of the corporation is: 6. The street address and county of the registered office in the State of North Carolina is: Number and Street 225 Mllsboroug Street. City, State, Zip Code Raleigh, North Carolina 27603 County. Wake 7. The mailing address if di, ferent frog the street address of the registered office in the State of North Carolina is: 8. The name of the registered agent in the State of North Carolina is: C T Corporation System 9. The names, titles, and usual business addresses of the current officers of the corporation are (attach if necessary): Name Title Business Address Stanford Alexander Martin Debrovner Andrew M. Alexander Jeffrey A. Tucker M. Candace DuFour Stephen C. Richter Joe D. Shafer Linda Kubena Chairman of the Board Vice Chairman of the Board President Senior Vice President Vice President and Secretary Senior Vice President and Assistant Secretary Assistant Treasurer Treasurer 2600 Citadel Plaza Drive, Houston, Texas 77008 2600 Citadel Plaza Drive, Houston, Texas 77008 2600 Citadel Plaza Drive, Houston, Texas 77008 2600 Citadel Plaza Drive, Houston, Texas 77008 2600 Citadel Plaza Drive, Houston, Texas 77008 2600 Citadel Plaza Drive, Houston, Texas 77008 2600 Citadel Plaza Drive, Houston, Texas 77008 2600 Citadel Plaza Drive, Houston, Texas 77008 CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Relined Janua?-,,2000) (Form B-09) NCMI . dld00C T SyVAm 0WirA APPLICATT0J? i FOR CER_TlFICAiTE OOFAUTHOPJTY Page 2 10. Attached is a Certificate of Existence (or document of similar import) duly authenticated by the Secretary of State or other official having custody of corporate records in the state or country of incorporation. The C—e—M- sate ot`&kence must be an ofirinal and less than six months old 11. If the corporation is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name is attached. 12. This application will be effective upon filing, unless a delayed date and/or time is specified: This is the &LdaY of TTMA, , 20 O1 WEINGARTEN NOSTAT, INC. Name of Corporation Aa=-Ce— &6.—. ' Signature AM 4 Type or Print Name and Title • NOTES: !. Filing fee is $250. This document and one exact or conformed copy of this application must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX —79622 (Revised January2000) RALEIGi1, NC 2762 (Form 09) B-09) KCOit - GS400 C T SyL�m Qpee ' Zhr�Sfafr of lrxas SECRE TAR Y OF STATE IT IS HEREBY CERTIFIED that Articles of Incorporation of WEINGARTEN NOSTA,T, INC. File No. 1071252-00 were filed in this office and a certificate of incorporation was issued to this corporation, and no certificate of dissolution is in effect and the corporation is currently in existences. IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my ofjue in Austin, Texas on May 23, 2001. Cuellar Secretary of State VT Page 1 of 1 Maine F. Marshall Corporaions Corporations Home `"Important Notice *Corporations FAQ *Tobacco Manufacturers *Dissolution Reports -Non-Profit Reports ''Verify Certification "Online Annual Reports $KBBE B2B Annual Reports . Lin':s Y'Secretary Of State Home ,,'Register for E-Procurement ° Dept. of Revenue 'SOSID Number Correction Legit lation ,",1999 Senate Bills "y2001 Bill Summaries tAnnual Reports 1997 ''Corporations 1997 vcas"i 4'By Corporate Name 01For New Corporation ''By Registered Agent Online Orders @Start An Order "New Payment Procedures Coil' ct Us Corporations Division "Secretary of State's web site P !Printable Page (New Window) "Printable Page (This Window) 'Hide Menu ecratat Click here to: North Carolina SECRETA Y o F -' TAT' PO Box 29622 PAleigh,, NC 21626-OC22 (919)801-2000 Date: 2/16/2007 View Document Filings I Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type s + HB Waterford, LLC Legal Limited Liability Company Information SOSID: 0729691 Status: Current -Active Date Formed: 6/10/2004 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Hughes, Robert V. 6409 Westgate Road Raleigh NC 27617 6409 Westgate Road Raleigh NC 27617 6409 Westgate Road Raleigh NC 27617 No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. littp://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=6480977 2/16/2007 SOSID: 729691 Date Idled: 6/10/2004 2:26:00 PM Elaine F. Marshall North Carolina Secretary of State C200416200040 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to ' 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: HB Waterford, LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, Mere small be no limit on the duration of the limited liability company.) 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both). Jerome R. Eatman, Jr. (organizer) P.O. Box 30515 Raleigh, NC 27622-0515 4. The street address and county of the initial registered office of the limited liability company is: Number and Street: 6409 Westgate Road City, State, Zip Code Raleigh, NC 27617 County Wake 5. The mailing address if different from the street address of the initial registered office is: 6. The name of the initial registered agent is: `Robert V. Hughes 7. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. X (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3- 20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 8. Any other provisions which the limited liability company elects to include are attached. 9. These articles will be effective upon filing, unless a date and/or time is specified: Upon fding This is the day of June, 2004. NOTES: 1. Piling fee is $125. This document and one exact or conformed copy of these articles must be filed with the Secretary of State. (Revised January 2000) (Form L-01) CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626- 0622 C200614601669 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: HB WATERFORD LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0729691 NATURE OF BUSINESS: REAL ESTATE REGISTERED AGENT: ROBERT V. HUGHES REGISTERED OFFICE MAILING ADDRESS: 6409 WESTGATE ROAD RALEIGH, NC 27617 REGISTERED OFFICE STREET ADDRESS: 6409 WESTGATE ROAD RALEIGH, NC 27617 WAKE SIGNATURE OF THE NEW REGISTERED AGENT: PRINCIPAL OFFICE TELEPHONE NUMBER: 919 - S 4 7- 7 3 0 9 PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: MANAGERS/MEMBERS/ORGANIZERS: Name: Tine: Address: City: State: ZIP: SOSID: 0729691 Date Filed: 5/26/2006 1:14:00 PM Elaine F. Marshall North Carolina Secretary of State C2O0614601669 Privacy Redactfan FEDERAL EMPLOYER ID NUMBER; SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 6409 WESTGATE ROAD RALEIGH, NC 27617 6409 WESTGATE ROAD RALEIGH, NC 27617 Name: Title: Address: City: State: ZIP: Name: Tit, Address: city., State: ZIP: CERTIFIC TION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES pp FORM MUST BE SIGNED ANAGER/MEMBER DATE 46er- r V. NvAkes MANAGING MEMBER TYP R PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200.00 MAIL TO: Secretary of State 0 Corporations Division 0 Post Office Box 29525 • Raleigh, NC 2762H525 569231 05.01-05 WEINGARTEN HUGHES WATERFORD VENTURE JOINT VENTURE AGREEMENT by and between HB WA'T'ERFORD, LLC, a North Carolina limited liability company and WEINGARTEN NOSTAT, INC. a Texas corporation i c::a7ND0%MT=poM lmrmu M1=%0LIC510%jv MW.DOC WEINGARTEN HUGHES WATERFORD VENTURE JOINT VENTURE AGREEMENT THIS JOINT VENTURE AGREEMENT (this "Agreement") is made and entered into by and between HB WATERFORD, LLC, a North Carolina limited liability company (hereinafter referred to as "Waterford") and WEINGARTEN NOSTAT, INC., a Texas corporation (hereinafter referred to as "Weingarten"); WITNESSETH: ARTICLE 1. FORMATION OF JOINT VENTURE Section I.I Formation of Joint Venture. Waterford and Weingarten hereby form a joint venture (the "Joint Venture" or "Venture") for the limited purposes and scope hereinafter set forth. Waterford and Weingarten are sometimes referred to herein collectively as the "Venturers" and individually as a "Venturer." Section 1.2 Name of Joint Venture. The business of the Joint Venture shall be conducted under the name "Weingarten Hughes Waterford Venture % and such name shall be used at all times in connection with the Joint Venture affairs. The Venturers shall execute such assumed name certificates as are required by law to be filed in connection with the formation of the Joint Venture. Section 1.3 Purpose and Scope of the Joint Venture. (a) The purpose of the Joint Venture shall be limited to the acquisition of certain land in Brunswick County, North Carolina, which tract or parcel is more particularly described in Exhibit "A" attached hereto (the "Land"); the construction of certain improvements ("Improvements") on the Land; and the ownership and leasing of the Land and Improvements. r The Land and the Improvements are referred to herein as the "Property." The Joint Venture shall CAwINDOWSiTemlw;uv Imemn Fie%OLK5IC3%jv rtual.DOC Page t and until Weingarten has given its written approval thereof. All requests for reimbursement of Reimbursable Expenses shall be accompanied by invoices or other documentation reasonably satisfactory to Weingarten. The failure of Weingarten to object in writing to a written request by Waterford for approval of a proposed cost or expense (accompanied by supporting corroborative information and details as aforesaid) within ten (10) days following receipt of such request and information shall be deemed to constitute approval by Weingarten of such proposed cost or expense. Section 2.9 Responsibility and Authority of Weingarten as Manager. 2.9.1 Weingarten shall be manager of the Joint Venture ("Manager"), and, in such capacity, shall (except as to the Major Decisions referred to in Section 2.7 of this Agreement) have the exclusive discretion, authority and obligation to conduct and manage the business and Property of the Joint Venture and to make all decisions affecting the Joint Venture, subject to the provisions of this Agreement. In its capacity as Manager of the Venture, Weingarten shall perform and is hereby given the exclusive authority on behalf of the Venture to perform the following services: (i) To comment and give input with respect to the proposed layout and configuration of the Improvements and the Property. (ii) To comment and provide input with respect to the proposed terms of the Anchor Lease. (iii) To respond to any general construction questions relating to the construction of the Improvement submitted by Waterford. (iv) To lease space in improvements to tenants (excluding the Anchor Lease) (such leases being referred to as "Non -Anchor Leases"), and to lease space to tenants for "pad" sites and "outparcels" (such leases being referred to as "Pad Leases"); to make extensions and modifications of Nan -Anchor Leases and Pad Leases, and to engage the services of outside brokers to obtain Non -Anchor Leases and Pad Leases for the Property. C: W1WI1ow57emwwy Inle a Ffl=llliASIC1%jr Iinal.DOC Page I5 EXECUTED in multiple counterparts, each of which shall have the force and effect of an original, this the 11 day of June , 2004 (the "Effective Date"). HB WATERFORD, LLC, a North Carolina limited liability company By: NJ jo. VrIW. B , Manager WEINGARTEN NOSTAT, INC., °'� LSPr a Texas corporation By: _ (&C4-,,1k _ Martin Debrovner, Vice Chairman Page 66 Prepared by: Jerome R. Eatman, Jr. Return to: Lynch & Eatman, L.L.P. P.O. Box 30515 Raleigh, NC 27622-0515 NORTH CAROLINA BRUNSWICK COUNTY Bxur4.-W*—Co=' xty--ReQisiex of ibis Robert J. Robinson Inst 0214468 Book 196!Page 1 06/14/2004 01:00:02um Rec# 1031 Z2_ RET TC•#..�s�c. -ro'TAL — REV REC# --,— CK M-A-1 C1BY CASK RFI: BY ASSUMED NAME CERTIFICATE Pursuant to the provisions of Section 68, Chapter 66 of the General Statutes of North Carolina, the undersigned do certify as follows: (1) That they are engaged in the business in Brunswick County, North Carolina, as a General Partnership under the name of Weingarteh/Hughes Waterford Venture. (2) That the names and addresses of the owners of said business are as follows: Name Address HB Waterford, LLG 6409 Westgate Road Raleigh, NC 27617 Weingarten Nostat, Inc. Weingarten Realty Investors 2600 Citadel Plaza Drive Houston, TX 77008 IN WITNESS WHE,ZEOF, the undersigned have hereunto set their hands and seals can the � dayofGG//� , 2004 HB WATERFORD, LLC By: kiA�+ Jeff ar , M alter W N TE OSTAT, INC. `FGry By: - k-4 Martin Debrovner, Vice Chairman 0 0 STATE OF NORTH CAROLINA Inst # 214468 Book 1961Page. 2 COUNTY OF I, — A. a , Notary Public for the County and State aforesaid, certify th6t Jeffrey W. Bafdn personally came before me this day and acknowledged that he is the Manager of HB Waterford, LLC, a North Carolina limited liability company, and that he, as Manager being authorized to do so, executed the foregoing on behalf of HB Waterford, LLC. WITNESS my hand and notarial seal, this 1'4 day of , 2004. My Commission Expires: 19'/'2 (e STATE OF TEXAS COUNTY OF .HARRIS 44.hL V. 6& Ngftary Public j— [NOTARY,,, ]] lOW 04 f�1�TR, q 7Z a � i° S IN COUN,�,� Notary Public for the County and State aforesaid, certify that Martin Debrovner personally came before me this .day and acknowledged that he is the vice chairman -of Weingarten Nostat, Inc., a Texas corporation, and that he, as Vice Chairman being authorized to do so, executed the foregoing on behalf of Weingarten Nostat, Inc. WITNESS my hand and notarial seal, this day of J►�NQ- 2004. WILLIAM M. CROOK klO C4 + No"PubEofToo Notary Public My OO MAY 03, 2008 . . . . . . . . . . STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK f -The Foregoing (or annexed) Certificate(s) of CYNTHIA M BOGAN, WILLIAM M CROOK Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 14th Day of June 2004 in the Book and page shown on the First Page hereof. PI s RO E1tY' J. Rd�INS'ON, Register of Deeds b", w Me, 11, *' �.1a-.. 15 , of Dewar aa"a. taldb Nock calgig>u °ima-m-2tcm s�a•i 51XV C1J�, , .'{art, s� b ;tJl l •� - �� az MASTER. DECLARATION OF PIiOTEOtTVE COVENANTS FOR WATFRFORD COMMERCIAL PROPERTY is tha Cow oration rarac aced in the Master Crass -Access j ,4 �In Book 1687. Page 104fi, �l I Hnfnsw� Registry smdThe proparfydidirud J ��ba awed tobe$te"Commerdal toperty") v ��W r Drawn By: Muml icon, Taylor & 0lbsaa, PLLC lb North Fillb Avenok Wilmington, NC 711401 NORTH CAROLINA re:.. msar , BRUNSWICK COUNTY ' jr) ;u THIS MASTSRDECLARATION OF COVWAM FOR WATERFCQD COMMERMAI. PROPERTY Ohio "Dodaration") is made thin,$, day of 2M by WDV. INC., u Noah Conalin corpomiltm, w1ac ma(liag odd= m P.O. Box I.W. Wilmingtom NC 28402 (the "Doclarant"). d BCMUIS A. Declarant isthcotsnerp� rth�edlpr��p thaTownofleland, Hrttostviek County, Norte Carolina whirl opcd m SxhWi! A sltachpl hmeto and Incorporated beau by refercnee (as mom particularlyde herein, he "Ptum'30. H. ThisDodamtimr isbrJng exemledend recorded by DesleaaW in ruder w faeMmc the devalWrocat of the Pm" an integrated boa ucso commereiel davelopmeat and to fix and establish eeatsin coven :ea ddoas�titi an aid subject to which the i'reperty paa11 be intpmved, held, kaa kt NOW, THEREFORF, DcWi nt heradt� tdl the real property deeenbnd in Ez 'bin A aataehed hereto, and nay addldanal n'l p ' may, by subaoquent trmondment and/or supplement barcto, be added to and subjected to this Declatradun, is held and steal I be held, cunveyail, coca rnbered, leased, rcnmd, used, occupied and improved subject to the following covaanls, conditions, restrictions and pnaaatw, whiob shall run with tho land and shall 6c bindip e;L:h' l parties haevat� p(ae��qquitiaB ally sight, title trs halCpd in and to the Ptaptxty ar any part orem f�, r4,j personol mptescrlalivea, sucasmars raid nasigns, and shall inure to the , I;aft h'cEE' �reroL n i1_� u'`r�2W449 I—DEFIKMONS V DefinhWm—: The faallawing tunes shall, except whet; the context alberwisc requires. hove the respective mcaninp heieinaftopeci6ed: 1.11I AddIdnal Prooarty "Ad i Pmpertt :6y oftban:0 property locatod wrkWn 2 miles of the Property, anyf w ]r 'kia aaneaed to mad made a port orthc Property and subjected tectlha t',q Declrratioa 1 GF wslnv] PC- o(q gnat 1 173802 tiooitM38 ?4287 I.Ob Aweles "Articles" shall mean the Mclas of incorporadan ofthe Association, as amended from time to time. Architectural.Revio Committee ++,, �1(`}�nCediina)' Revlow Committee" means the standing committee of the Assudittiaa ae [� Fkeiied �i�, approve the dreigo, eensAuotion, operation, use, appearance and such otherteejui�pc act forth herein, ofali Building45truchues, landscaping and other improvements aisotod or to beemaed, from time to tine, an wly pardon of the ih'aperty (together with all alterations, inod'eficatioms, additions, dilations thereto). 1.04 Assessments "Assearanants" sball meen fryp"�")i cti el�lr3 �i aswssments of any kind ornature provided farin this Declaratign((f�dlitr vJ'ttlio*ApgijWr General Annual, Special and Specific Assessments)• 1.05 Association "Association" shall mean Waterford Master Commercial Association, Inc. a North Carolina non-profit corporation, its saccccsmrs and unions. t.06 Hanrd r'tt •, j. 1 "Board" shall meen I y, e'eu nhdseSnsdtutal Executive Board oflhe Association. 1.07 Build n ��, �-%11 eskGiiS97: tr, G"�7,it'�it e "Building" shall mean any ahtxhue on the property Which(l) is parmanendy affixeil to the land, (ii) has ono or more Boors and a roof and (M) is normally aeexxsibto far human use: 1.08 Bvtaws 'Sylaws" shell mean the Bylaws ofthe Association; N crulad from ttm.�tq 3.09 Common Areas "Comamon Areas" shall Include the following- (i) Any and all public and private strcuts, roads and drivaswithia the Property which ace desi Snared or shown an tho plats (the "Roads"), (ti) Fusemonts ror the common use, benefit and enjoy cot of fire Qwacrs as shown, on the Plats {ineludios, without limitation, dMa described in ArMiIQ ofthis D�c as r a (iii) Any and ail real property owned in fix simple. not r jl�tl f Il,,ulutgdb7Ana Association tar the common use, benefit and a t)ymcat of all t8e eta �p�lated equipment, fixtures, apperatus and personal property), and all other citaetmamt; endror oilii:F' interests in real property from time to time owned by the Association for the common use. benefit and enjoyment of the Owners, and (iv) Any area or portion of the Property desigmaled bytila Declarant or om any f tpt as a Common Area '� �!�` ' - i 1 1.10 Deitarant f.ar``) I'll - t".�a tllN "Duelurant" chill mesa WDV. INC. or any twat succe'Merete, or e t 'q her shall succeed to the rights and obligations of WDV, INC, hcn=dcr, Tha Deolumt shall also include airy Person to which Declarsat shall expressly assion Declsrant's rights and obligations hereunder in accordance with the terms hereof. 1.11 Deeloratiog e.. "Deelaralion" chill mean this Mb'31tr Ogaj ¢Q+ l live Covenants for'Waterford Commercial Property, acIlia satn .mr�yM"It skdYnrml+m tea scorn, W Beek 1913 ge: 798 I.h2 Diniclors "hrdeaton" drag mane the persons varying 1im ea tune to time on the Board. 1.13 Floor Area _ r rr "Ehnen Ara" shudI mpn the rggregata srw of any lhrors wilhrn Ba-r� tt�'8almdy Lot. Each floor shalt be measured to the exterior aide of eveb o „ a a !, t oor�� to any autside wall and shall be measured to the costa of tbtd v' •Area" sbsll not Include truck ramps or shipping or delivery areas site 9 Wwwlujiuum Improvement. or allicrstradctsre. 1.14 Institutional Mortedae "laslibrtional Mortgage" shall mean a Mortgage which constitutes a first lien on a Lot an any parllrm o party tea vy��byabauk, savings and loan association, trust sompardy. ,suntan �J6i }Ized krtdiag inatiWlion, o11ry firms or enlilisa auatonuttly bs �tnn act cant property, arby On idtatitntiottel or gay �g ours)ntheweoadarymorkd 12 1.15 Lot 'Ur' shall mean and rater to any lot, paid or tract otland within the Pmpaiy owned by the Doularant or any lot, patoal a sal of land subdivided ou 4 lha 1Imperty by Doolumsd and dttdx eorvayed to ndother perwn a ty err v nevh by Daslarant as a "Lot" is an amendment or aspplemerd to Ihiv Dos , 1�q hider is heteaRer riled and recorded by i3nselarmtt in the Registry, but t are awned in fee single by the Assoeiadon.yLlg, 1.16 Neater fimS.-In eeeur Bg ament Thai eeWn Master Cress•Aeesss Basement and Maintenance Agteenteat tar Waterford which encu macs the entire residential and caratmseiat portions nr�rd davelopmeyt ll which le recorded In Book 1683. Page I046, in the Brruswiek County Pa gi �tlyr o3� r � 1.17 anbera ;L`I �,-r • Jasrrec ,A "Members" elM maim ftmcmhm oftho Association. " 1.18 Ma"Me , cdgeel with an brunt capital letter, shall mews and rarer to a mortgage, deed oftntat, installment land sales contract &d security agreement or other aimitar security interest �S'Zi}itrsaranmrI tin Grsg or Conveying a lien open, a security Interest in, or,a security 'i •ludo ' yli Lh Inithd Capital letter, shall tome and refer to [beholder era Mortgage, 1.20 OotshnAlnp Voles "Outstanding votes" shill have the meaning ascnbcd to such tam in Article 4. 1.21 owner ., .9 •i C i 'Owner'andlmen the Onerofanyputtoithe �sgp�t .r 4•1 erocoedaofths Register olDeods of Brunswick County, North Cara*j! p ' i ' Hof WOM be take+ by such Owner under the pmvidom of lhtaDeclaadod. �I'Ve 1.2Z ern "Pdttssatt" shot! mtrmt ea iadividunl, mrpaeatimr, busldx, pmtitasldp, uabrnrporated organization, limited llabilily company ar olha lags! colity. I.27 f"N " 'Pli P. I Can dw plats or the Property ar arty properly annexed thereto which toe `�• I, ; ": r3eofd�n in the Registry, as same maybe amanded from time to time. Mov) k •',ifr1 �y _ , J-L4 l- tiprv�s7;ke I14 Pro eel y, P-1 - C1L 173a117 Book 2t123Rye: 719 "Property" shall mean the teal property described In Exhibit A attached hereto together r.. with any Additional Property subject to or which may became subject to these Restrictions. '_s`�it�+el�in"ll ties the Qfftae of the Regisier of Duds ofi3tvnswicit County, North e" ,�ol;ne,�n; ;r reaevi�:GPt I16 Rat ct" ulii�ug "Restrictions" shaA mean the covanams, 00ndl[l0aa, r31nic60011 Rod other tams and provisions afthis DeclarstioN as sosmded from time to time, upon and subject to which the Property, or any part *went shall be lmproyed, bald, leased, sold andlor conveyed, all as herelnsfler not forth. ►S;st y y,.,r� �. I.27 Rands%=N[_sLa�;v l I�IJl• ~ Y Ntsotra�ne "Roads" shall have the meaning aso&Ac sudi ffi%,v vott e deGmNan of"Common Areas" herein. 1.29 Special Assessment 'Special Assessment" shall hsve the maanlag ascribed to such tam in Article 19 of this Declaration. zkt h f 1.29 SSscdtic Assessment "Specific Assessment" shall have the meaning aNcri�i� �tteiiri_ 4tP� m�A'RicTe'. M this Declaration, 1.30 structure "Structure' than mesa any phyaicet abject temparmily or panowentiy 4fi7tcd to the Property, except grass, shrubbery, treoa at other landscaping• 1,31 Subdivision "Subdivision"Shall mean all of that trot properly Caul t,� n Ft �Va f Comcrnrdat Property as shown on plan recorded in the Bnau�ti=tlgy , all Plans which maybe recorded in the rulure showing additional soetians of Waterford Property and which arc annexed Into the Subdivision in accordance with Article 23. ARTICLE 2 — GENERAL PURPOSES OF RESTR1C'I'IONS 2.01 Puevem, rt1�. I� f� rl` "jai- n`ifrJ41� The. property is hereby subjected to the Restrictions for the following p ,o3ef!iiefi a reatorstr. purposes are cot, and are not intended to be, exhaustive or exclusive: '11 rai$ (a) To encourage aevetopment or me empany m a marmar wnicn rz rrm uum toxic and noxious maser and other her 4 and from offonsivo noises and aders and other objecdonabla iaAaratcrs. (b) To promote. die proper and most Nbipble use and dF/ "" .of the Property in accordance with a well considered plan and achmdb.gt:�ev�f� ` (e) To conserve and aabsuce the vah5e'ts >Igs s Owttats bf tree property. J1b E (d) To protect against construction an Lots or Improvements which Is of poor design or quality and to encourage construction of impmvnmenls ntiilixiug good quality and attractive material and gcv4, biteetaral and planting lards compadblt with other improvements is the Propert (a) Top�ys�r �4 `yl�aFh nco tk `lglny ► = in the Property and provide for Ow orderlym®agementorthcCOhihta A d j :ythi L�.falli,,��G�� ARTICLE3 -. PRQP�R1"YR�GAT5 •3.0] Owne xERsemanisafBuiovment Every Owner shall bane and Daciar eroby grants to , a nona►aelusive right and essertestt of tasjoytnad and use in and' �" d1alum but tint united m, all roadways, walkways, entries and eaii� eeyp� the subdivision which shell be appurtenant to and pass with tiL !. a the provisions of this Declaration and subjsed to the Following provisions: 'g#iL (a) . The right but not the obligation of the Aswcialioo following approval of the Board, to n dedicate or transfer all or any portion of the Roads to any public agony or governmenlai entity so that such Roads shill be rssiq&cd as public roads and (ii) ediezte er transfer to any public or private utility or gov prity attd/ar udliq easements on any part of the Coramon Amu,:iddlubject todetermine is nasoaabla 'Fhe rights ofthe Asation+ u • sp apoL be subject to theprovisions of pmspVb (d) below. (b) Inc tight ofthe Associstloa, aubjcd to the provisions of paragraph (d) below, to rnotigage, pledge; hypolhecate or otherwise encumber any cr all oFthe Association's read ar pommel property u monrity lbr money bmmwod or debt[ hammed for the ptapma of tf,L mptoving or nminWain a Common Areas ur providing the sec Won authorized by this sratitm vi�e�-� �jt,kw. that the Association shall net be entitled to encumber 0) the Ile — Eieii'nts or dormwater holding, deteatica andlor mientiam ponds, or CHI any �3ta h(eh itsonauwued in &e simple by the Association unless the fec simple owner of t apple cmuxnts Ibcmio (the provisions or this psragraph following the phrase "provided, ho er," lunymt be amended without the consent ofall Owners which would be s8betod thereby). (c) The right ofthe Association, wbjeet to the provisions of paragraph (d) Waftuive, or sell or nth all or any part of the Ca ntaao Arras to Pay guvero eatp ,, }'� pubUo •her dee district, or public utility ibr such purposes and au 'e �,5,20,r j §p I ns as ma be agreed upon by the Members ec provided in paragraph (d) b l this paragraph (c) shall not pcmdl the Association to matena !y slier or e Rods to sec Owner's Ial unless sueb Owner consortia ol be entitled to trmsfer any rest estate undue this paragraph (o) which is not owned is fee simple by the Association unka lk fee simple ownaof the applicable easament area consents thereto (the provisions of thin prrgMb following the phrase "provided, however," tesymn beamended withoutthe consent or10 Owners which would be affected thereby). `N Nk— a r,� (d) The rights ofthe Assor.•'setirm under pn� � �e7 subject to authorization by the atBrmativevote ofaiiftyarr 'rue a uty called meating of the Association, subject to the grtorum tegaem bents rsft ' M&Ijcle 4, and subject to the requirement dun writlea notice oribemcedag and ordw proposed action is scat to every Member crtbe Assriun al taut ten (10) days bat not mom than (60) days prior to such meallng. A true copy ofstteh resolution, logetbcr with a co rtificate of the results ofthe vole taktn thereon, shall be made pd admawldgsd by the President or Vice Ptesidenr and 5e era'(iir}yor Assislsstt p r Association and such c rtifieate shall be annexed to arry instrutne tug has. Such ceAlHtas cashall be coodualvc evidence or aufh� �' is emt�hio.�. lire: 5.02 totimt�i i'tFneatJs afCbmmnoAreas. As provided in Section 3.04. the Board may establish rcasonabla nnhs and regulations concrana g the use or tic Comma Arco and faaitics located thereon. •� r ��,. re-�ax� 40eetW Irtst 9 1731182 nook 1811Page: 791 �XRAr r• ARTICLE 4 ASSOCIATION NIRNIBP;Lti JUP; VU'11NG FJUHTS; EXECUTIVE BOARD; INSPECTION OF RECORDS 4.01 Member&III . -, Eve ` 1' "let shall be a Memberorlhe Aasociolian during The period such Ovtgqb��l tgpl if fba aimplo Gtla to o Lot is held ley morn man perwii, �6bii lase "" t�'�a a attber but the voting rights with respod to such Lot shall be enterciaed jointly btit:matier provided An Owner oftsnon Thant one Lot is entitled to ono mtnnbership for each Eat owned. Lath metaberst►ip is appurltaranl to end cony not 6e separated from lbe Lot upon which it is based and such membesbip shall be 6anifetved automatically by conveyance offee simple die to that Lot. No parson atherthea a fee simple a Lot maybe a Mem69 o! 11te Aasoei¢Oon, and a membership is sine Association may n oZr ofetr ad gcrnI. rJ rq%W + stet' ordtic to a Lot. o AMU va two (2) classes of voting membership. The volts aggregated ham both voting members &bell wnslituto the total outstanding unto available for voting putpost s is detertninin$ the action critic Association on anymatter to be approved by vote Nrcin "Outstanding Votes'. (n) A". So long as Shercej�n Qlass H mcmbtsship, "Class A Membera" shall be ell Ownera except . 2 �orrs� Zbi,`pt'•vat: oppu 1rmmt to a Lot owned by n Class A Member shall be tat �ll�-"c'' The totel number oi'iqutae d t ' gf the Owner's Lot sbaB be added to The total number of square feat of any Hn uts or Structore mmsarod from the outside walla located upon Ole Member's Lai to obtain a total gmea square faolage. The number obtained by dividing such local gross square footage by 1,000 and rounding to the ntaoest whole number shell be the total number of voice appunenat`rYto a owner's Let (i a�., rs shall be no knalional votes). Upon termination o(It>rda`�m[ drbetsh' ���as A Members shall be ail Owners, including the Declarant (dsa}�tlitig'I7� s tan"Ownw). if only are of a numborof oo-owners of a Lot is present at n meaing art iie � an, the co-owner who Is present &hull be tended to earl all the votes allocated to that Lot. If more than cite of the co -owners Is present, the votes allocated to that Lot may be east only in accordance with the agreement of a majority-in-tottxest of the eo.ownera. Majority agreement Li conclusively presamed if anyone of Iba eo-0wrters casts the voles allocated to lhat Lot wi to t pmtt A being made to We pexson presiding over the mooting by any of the other eo-owntxaio ttaJJI. (b) air "B' The"C�p� et Clh' eHa1�,tQ D�yoetareuL The Clans B Mcmbar may appoint star remove the medsl+�tl d Itie Class S Control Period (era deuced herein). During the auss B Control Period. the It f votes allocated to the Class B Member shop be entitled to cast in Assoelotinn ostlers &bail be detrantined as follows: The total number ofsquern fact in land arenof the poutioas of dicPmperty and the ! Additional Ptopal owned by Dectersttt shall, bo added to the total number of sgtteae f ding err Stnulure motmad horn tba outside walla located sjj ! 1 ' ropt"y to obtain the DeelimmVa total grow square rootage. The �J�.J`•t�. or *b.vd adttbn0) dividing the Doclaraot s Intel gross situm footage by 1nnd & to the nearest wholes number (La. there shall be no &aetioratl votes) �u Igo such whole number by 3 shall be do total number of votes the Class H Mamba &bull be entitled to rant in Association mattars. The Class D mambership ahall claw to exist and shell outomatically be converted to Clans A trretnberahip upp�n Oita terminadnn of Ilia �Ia�s Il Comm1 pried. For purpaeaa of thin Declaration, the ' H Copt 1P,tltid?ikH mtau site prriad beginning an the hale of Oda Declaration and trrinl�t'aplltf iarilleit to occur of the following events: [t} �}rtr gls t y relinquiabntnnt by the Dwlmsnt of its tight to Class B membership by an mi tnetrt recorded in the RcOstry; �• a i ei3r�age: lax (ii) thu date on which thelhcbrraal no longs owns any pRrdne of the Property or lbo Additional Pmper% or {i) . Dacember311, 2041. AN% .� r t`f �,,L cc) The tout Otmstanding Yale; is the time to time depero ft upon the number of Lols sold by Drxd jW1 w 'Ff mrorxtt (10%) of the Outstanding votes represented by Members m sttenduee �vin be necessary to vole on all deeisioms to be tasde by OmAssociation pursuant to the term`i of ils Articles and Bylaws, with s simple majority, of the Outstanding Vain tlmo present or represented by proxy being necessary forapproval or disapproval orsn acdon of the Association (unless a greater wI.t`ago is required by this Dechmadonar the Articles or Bybnvs for any specific 0j, , (ll �biish reasonable prooedasea whamby the Amdation shall, prior to j,iili Ties, prcpuo a voting list setdut loath the Mambas endtled to vote rogolher witb ' ' 1pf votes whick may be exadsel by each Member sad this basis upon which the votes were calculated. If tesiowed in writing by a Member, the Associatiom will deliver to such Member annually a copy of the current voting Gst. 4.03 ftwotiye$oard. The Hosed shall be esiabiishad and matnmioed in aecardsn � ItfoIt* Declorudooand the Bylaws. ()r vd soGr cat (a) The rarobcr of Oimctara hartutibttirtg tk`o initial Rorod aha11 be aFV° Q) and the persema who era to save; ss the, initial Dkm*a shall be smobhisd by the Declptatt and shell be set forth In the iniful Articles. (h) The number of Directom shall be mot less Ihtee (3) nor mote then five (5), as nary be fixed or may be rdmttged 6om time to time at sl the minimum and maimmn, by the Members or by the Dbootezg �aet�� i—=cd'o made bit or her s oomismr is elected and yusUfed mrumtl his or her rtar`iri I. remove) or disqualification, (a) Dbeam sfull be elccled byateajttrity vote st any maul tnectingardm Members oral a special meeting of the Members of which notice of 8m purpose to elect we or moan Directors has been duly given. Tm election orWarlon shall be a part orthc ordcrof �# business ofesrtb, � trnxtbrg of die Mernbort. ' si(i5'{•, �, A I'e ' l! d- � rA Dbeator tray resign at any lion by givhtg noise aCltis nhaignotina in `aPrasideator5eadluyoftheAssaaiarioa,arbypresennnghis written resignii ;p�h�nn et an ararrrsl or special meeting orDitmton. (a) Directors may be removed fimn office at any time with or wilhout cause by the Members by the vote that would be tequised to elect a Dirmw to the Pastel; provided, however, a Director may not ba removed by The Morrbera at a to g todess the naflea ofinerting status as a pulp e, the rem"of a Derehdar, Its Dirt;ler (e taro a now Direct Y elected to Fitt the vowwrry of drezone ==tin& r� c'. l; , .i '� (1) A vacancy acerrrring in the Bond shall b`wlll eel by trif {Kv t remaining IDheetors (but not has than two) at airy regular moodog or:pedal mecnri W4 Banrd. 4.04 Insmeafion orBoolrs rod Recardt. Th�pard �slabnsb reasonable prohxdtims whereby theMranbats tut perudned w ±� �ieaords of the Aseoaotioa during corrvadent haraa on bwiarY9 plays. 17ne ;r. � � lla,�lmty%rpct�gagp,�abb:ndeth, rebulatansandpmhxdusea aoneeudag Wa brspeetim of 6oaWh��1i34��the Ahrhhmoiedon kicluding, wilkonl timmiladaa, those wbiait (a) provide thhm the Pretadem aq crelary h>f the Asteciatioa be given prior whiaen antlers of the inspection; wmsrs (b) limit rho buainess days during 'calendar month during wrath such books and records maybe inspected to no leas Than four (4) business days; (a) provide a reasonable charge to a Member for more than one (1) inspection in any calendar quarter, (d) provide that any costs associated with the inspection (such as, for example, copy costs) shall be paid by the inspecting Member, and (c) such other ruics and rdWgioas as the Board spay. hush. 4.05 Arnaltfieattoo. noprovislons�b U�a'b6e` 4sae t' rmi`dbythe Association'sArticles and Bylaws; but no such atnpliflcptlon..eFWand substantially any of the rights or obligations of the Owners act Earth in Lida De danaitm, 'she provisions ofthis Declaration on the one hand, tad the Articles and Bylaws on the other, shall be intwpretcd, construed, and applied to avoid inconsistencies or conflicting results. If such conflict necessarily rasolls, however, the t provisimc9 orthis Declaration shall control anything in the Articles or Bylaws to the contrary. �+. AR IGIAr- f�AIGMAND OBLIGATIONS OFTHBASSOCIAT'ION ������Ift:rCure � rlts. Subject to the rights of Owners and Declarant as sett forth in this Declaration and e:xcopftg the maintenance responsibility for certain atbnnwater retention facilities described in Section 24.01 hereirnRer, the Association has exclusive management and control orthe Common Areas and all improvements thereon and all furnishings, oquipmcot and other persona) propety-reladral, Iherela. t r :• �'+IJ��L:� },*i . ,�o] � d (a) The Association's duties with tespoxyt s ��jl' a tgl but are not limited to, the Following: (a) the taainweerenec otters 4mmor A l b) ;o management, operation, maintenance. Moir, servicing, replace ttoent and rene K131 landscaping, improvements, equipment and personal property constituting part of tho Common Areas or located upon the Coo mon Areas so as to keep all of the foregoing In gas►, cleat, attractive, sanitary, safe and servicwblr condition, order and repair, (c) all landscaping of the Common Atgas; (d) the maintenance of wale public liability, property cascades and hazard insurance ror t}>Ly crlt of lhe jydllt respect to the Common Anus; (a) the payment orall faxes and as)AMj'"�;1 1e fe 3;tasceased or imposed with respect to Common Amen, and, (q the rrlgrt�' , apersSo�_usittt�nane� repair, servicing, replacing and renewal oral[ Roads and al • ' provetn�oib . rovidetd, however, that follrnvbtg the irrevocable acceptaetee of the Roads far msint a e$as public rights ofway by the applicable governmental entities, the maintenance obligations of the Association forthe Roads shall only be the extent such activities are not pe rtiamad by the appliable governments] entities, The Association also may provide other services, such as, but not limited to, security services as the Association dtpms appropriak. r • / • 'c )]�.+: Err ale;vent that the need for maintenance upon ormplscemeattofthe d�eft s catrsadt(i}hylconsotx don activities on a Lai by an Owner or its agents or oi tmctora, `r u•'9tgu�tpi�! lifu) or negugcni acts oraey Owner or in agents or contractors, then the cost or such mainteneiYCfe, ropiaeeeaeart or repoirs shall be home exclusively by such Owner, shall be added to and became a part of the assczamenis lo. the Lot or Lots orsuch Owner, and shall constitute a Specific Assessment. (c) Tv contlnuily and to rotte�t property values, Declarant may in the exercise orals discretion, teq� al al 11� cc��a�r11 X4t aeand pai'ormed by the same catity, on all Common Areas and all. pro in in the event the landscaping is to be performed by one entity, It ' ts` oreidl'ti�tFasonably allocated to the Lots by the Association and colltmuc 6y the Assoc oil;k !`r. 5.02 SerAcm The Associatiou may obtain and pay far the services of any person to manage its affairs to the exterd the Board drams advisable, as well as such outer persotmcl as ma fumdshcd or `' r employed diree x, Association or by wWpa con with whom It contracts. Without d hlgtilatign;tiiidmt�y obtain and pay far legal and accounting services necessary or desirable I + ohiv th the Gaa[mmon Area or its duties and rights under this Declaration, the 4� Cct�teSra�'�ill0r the Rules and Regulations (as defined in Section 5.04 herein); cu- :.� • ��i _ � I c.66uWST ft inat 0 17302 book la Provided. however, theDZCiarant dhall bur all touts to asmbgah ftDociftion and mlatet documaots required to esmlbllsh the Association. 794 5.03 Property Droned by Association: Convirrintice of Curentan Arena by Deelaraet The Association may acquire, hold, �d _pfh L&J* m8 tangible and intangible peraond property, subject to so� time may be contained In tha Articin and Bylaws. The beatamut oil (by easement or In fez simple) the than-establ'uhad [batman i9re" rrilldn filiowing the termination of the Cuss B mumbenhipi pmvidod, however, the Aecleeard shall be =Mlcd, in the Declarant'r sole dlxNvtic% to convey all or any portion of file Common Areas to the Associatian prior to Me deadline provided above. The Aamdrpoo sball accept title to such Common Areas aubjeet to all enemeals, eneambranzes and nxttiedam of racotd. All soft, If any, associated with such tsamrer or assigamant shall be borne by die Declarant. 5.04 Ralm and RemIntions. r J The Association, tlimsh its Board, from lim 10 thee, tray adopt.• idler,J.amend, and mimeo reasonable rules and regulations govmdng building and ntaliaunasuzc standards for and the test; mljoyment and operation of the Propcdy (including, wilboat limil Pion, all Tots, the Gaaunaa Aram, and any Combination tbdmi) Not "Attlee mad ltegtdtttiatts"j The Ruses and Ragulniionr shall be coned with the tights erd dicier biisbed by dds Declaration (although coma may firrthaa osc o Iry -Areas). The Rules and, Rquidimu shall be binliog upon the Ow� hd shoji have do right to establish pau tliea and fines for anydafracdoas ij a "on, ttwsAtttic3� &heHylawa and We Roles and Reguladoas(mcluding,w1tbbatt imba ffiandotheraaacfiensforvloladonor the micr which maybe collectad bye Urn and m us a Specific AsseracmenQ. The vaildiry of the Assoaialion's Rinks and Regulatiom and thair crtibmemant, shall be delctadacd by a stantant of nmumabicoear far the punmo of pnneedng dhe value and deormbill ty oflbe t'ropefly as a rim elate prajeCL 5.05 .moiled Rtehts.j(rj The Association j([ � may eaahe e8 itr�iNVileBe givento ii eahpresriy by ibis Dademdon, its Artialtx arB, wl, aatd ev owar, orpeivilega reasatotbly to be Implied from the existence army tighl, power, or privilege no MmW or reasonably to effectuate the axamin of my right, power, or priviingr so granted. The Association"have the power to do any and -all lawful things which may be awthoriscd, required, or pamiked to be done by the Asaaei�alion trader and by virtue ofthis Declaration and to do and pedorm say and nil acts which mmy' "cCessoryorprop ado;wnnidentdto amovadneafmyofibeexpress powarsofilwAssock =for �IwalliesoftheOwaen. WilboutInany way linitittg The �� t diva (5) days' wriam tla ke with a apedliall time stated to tov the Associatiom shall have the power and authority at any time and from 1�me ithout liabi Myto any Owner, to enter onto any Lot for the purpose of enforcing my and dl of the provisions called for heavle, or for thupurposo of maintaining and repairing sty such W il� for nay reason whateoevcr, the Owner thereof fails to maintain or repair such Lot as required. The Amnciatiaa shell also have the power and aul laity fmm time to time, in I%L" name, on itr ow7bdudf oa behalfofmayOwnerorOwnenwi e cmueat gbereto, to oa mnam a and mainly {ptiltrto resleahr or ergoin a breach or lhrrateoed breach ofthLs Dee '�ylews of t heAssociation, and to curaree, by mandatory injuncda�r�r ice' jFthe Deeimatloa, the Articles and Bylaws aftheAssoeiation. °' 0AVwti} ftax 5.05 Conveyance and AtmntnncenrPermlm The Declarant sbali assign and lemAr In the Association all Wplicabin regulatory permits inebaduag siormwater retaation and all modW= to, indadfng oil dulctiand responsildlit'aes thereunder. Ths Axsatat4os by and throe am1>cia �,�,ayh to accept trathafcofthe permitand such rights. dudesandobligat Zti�r r_r�v4hr WOW ..hsll ' o1 p+dL (f vest 9 1.7=12 heart JZLMa et 1!M 5.07 Mlsed-Use Common Area Mal atenabft. The Association shalt be responsible for the mainteaanee, repair, operation, supervision, administration and management of the Mixed use Common Areas as set forth in the Master Cross Assess Easement. 4 ARTICLE 6 —REVIEW AND APPROVAL OF IMPROVE 6.01 Architectural Revlaw owns Use. i2 So long as theta is Class B membership in the Association, the Architectural Review Commfttm shall be composed of tip to threw (3) persons oppainted by the Declarant Gam time to time in Dealarant's sale discretion. Without limiting lira gmemm ilty rho foragoing, the Declamat shall be entitled to appoint Itself to the AroWWurW Ravi�rmml�er after tormination of Class B matabtnship, the Architectural Review M kb composed of tires (3) persoos appointed by the Baatd from time t_�e pleasure of the Board. Any vacancy creaming an the Arehitecturd7leviem cs 1pe filed by the Roard. No member of the Architectural Review Comadtteo "I be entitled tv wmpcaeatiOn for sUAM performed unless the Hoard detenmimx compensation is necessary in ardor to induce potion with suitable qualiGtutlaos to serve on the Architectural Review Conmitieo, but the Architectural Review Catnmittee may employ independent advisers and allow reasonable compensation ti<i h advisors from A.q an fimris; 71ie Arehitmlural Review Committee shall have full po to pb r�C -Ahave ixxn delegated to the Architectural Review Commit( erti 1�' con l decisions of the Architectural Review Committee shall be final and bindi� an eo�r,��tors (or any of Them) may also serve on Ore Architectural Review Committee. t.S1, *. 6.02 AmprmalarPises. rvu muuwng, aaucture, ut utacr rmpiavemmnt, inumumg, without limitation, pay s,gnt., Peter ar towers, paved areas uij& rs, shall be erected, pieced ar altered on any Lot tudess and until the plans and specification# for, a plot �ty���gIW location thereof on the particular Building sltn, a Inndscapin ittf ' ' 0ktp in and specifications as the Atchilactural Review Committe�' �e+i o l a "Plans l shell have been submitted to and approved in WlaI y RavlowCommftiee. The Architatural Review Committee shall olsoba entitled to rail missioas set forth in Section 6,07 of this Article. The approval crouch Plans shalt be based upon the fallowing stanthudr. adtiluacy of site dimensions, adequacy ofstructumi design-, conformity and harmony orextemal dvaign and building materials with neighboring BnUdings, Structures and improvements and with other Buildings, Stmctum and improvements an the Pmperty(,tkc aifeel of the location and Martha proposed Improvements upon neighboring Buildings, Stmc and 411 rq�g�itart #m?�,be Property, and the operations and urns thermfwconduoul" l'ty fdpagrnphy, grade and finished ground elevation of dw Lot being I�y ved"d boringrlvrrM mperorientation ofmain elevations with r set to , confer* to the purpose and general plan and intent of ibis Declaration snd with thaRectrietiom�d sot b other criteria as the Architectural Review Committee coy rmolsaaably dram necessary or advisable in order to effeatuatt Cho ga oW plan and intent of" Declaration, The Architectural Review Committee In its mole and uncontrolled discretion, may withhold its approval ofsueh Plans for any reason (including, without limitation, sesthetics). in the ovoid tha ftleetural Roview (; Committee fails to approve or disapprove stu:h Plans, in writing, within Fit ) dgyo .. a _. came have beta submitted to the Architectural Review Committt t; those M deemui to have bean approved; provided, howcva, that lock of apptnvlth`y . u� Review Cnmmittao shall eat waive aay express covenant emnsaitied hr . in the eve NZ dlsagreemesn an the question of saltablk, ilia decision of the Architectural Review Connointo shall be final. 6.03 Cost of Review, The t or any other p , qn v- its Plans reviewed hcramder sball pay ror all tolls associated wilbr�evi t ii le tH@ Auchitenural Review Caramitica including any expense for F Bin �e)W fms. Scab sums shall be paid prior to font approval of s. 7 i aw Comminaemay adopt a schedule ofressonsblo roes Car processing appheatio�Waonstruntion deposit to the Architectund Review Meow) 10 r',rf V i ,93libT 796 Committee. Stich fees, If sty, uArall be payable to the Aseaatioa,elfa 1mN, 'the time the applications no submitted to the Architectural Review Contrtllt m In the event that the foregoing aspens and fees are not paid by the Owns. they Shall become a Lien afthe Association on the Law a Specific Assessment. 6.04 CaWcatee of APPMML 4ho 4 , n r , Upon approval ofPlaas>mstx,f4tyt "1r=alyRrviewCommittee duill, upon the vrriltgn request of tat Ow*1 Stir tiueAuteociatlou attttlaE lbot the Plans havebccr► approved. Bad ifthe impre dma" Ptrucled in subutantiel accordance with such lgana, the Architectural Review Committee shall, upon the written request of - Omer, issue a fittal eanifloate or eamplitutca as sat forth in Ike mat smdertce, Upon ilmil approval of nay construction by the Architectural Review Committee, it shall, upon request of the Owner completing such consbat3ion, Issue it eerrificate orcompHanca 91111110d by the Association Beatles that the construction was constructed In eeeordaaee With Stile of thls _ . r• t4 I� Declared=. 6.05 LieblllW. The Association, the Members of the Associaficn, the Architecbmd Review Comm• W. dte Deal amal and their respective employees or agmus shall nos be liable is damages to anyone submitting Plans for approval or to anyone affected by this Declaration ineanncation with the =crcisc of the fights err dales under this Article or by reason ormi"s is judgement, riogillpace or nanfeeeenee ng out.font cone lo, th the appmvW or disapproval oflhe Max. All persona who wbm► afro err f{qgt Ambiteetural Review Committee for approval agree. by the submigg fpI xjd Way"B6W of any flat agrees, by w4uhius title ebtaetn er an iatetest theie�� at it i notbriogwWandon orsutt against doAtaoeiadon. the Merribcrs of Ibe A mrdatitiN Review Committee, the Decla at or their respattve employees or Bgerda to nwvcralp arising from or in may way cormoeted with this Declaration or the approval or fhilurt: to approve soy Plant subndttod. In regard to any Plans approved by the Architaaturat Review Committee, neither the Dealwaal, nor the Aesoeirdioa, nor any member orlbe Architecture! Rovfaw Committee, not any Member of the Associatom, smell be respoasihle or liable in any way for (hQ any defects In any Ply structural defaets'' any work dace according to such Plans, or (ill) the failure of the P3 cm9plptdlt r`a aili; rule, regulation or code. (�'a2�rnraat�t GAS MonevktimAnerAoaroval, After approval of lhoPhars by the Atcbhecmml Review Conunittoc, no deviation therefrom shall be made during eotnstawdon which would materially change the soapo ordw impmvcmcm and no changes In exterior quality or alipeamnae of the improvt oocata thereby ktioOempldaa shall fyr��L Vgf a tout prior mitten approval *film Arehtusclural Review Co r g y�(t;t 10 The Architectural Review Committee racy mgnua all or atypen of the fallowing information to be subrmtted io it in connection with the conaidcration by the Architectural Review coaunittee ofany Piero, submittal or application: h.. (a) Aft aural oe.g. ntka , far tha proposed Building ar Dudtdings, which shall include audina tins d erg materials and roeehanical, elc:Wtad and slructutl systems, andlr ' al � .1 My +� (b) A sign plan showing thnew$on and design of BuMngs, act back Hues. driveways, driveway intersccdmu with streets, parking areas. loaf ing tueas, mmneuvetittg Brats and sidewalks; (e) A grading plan.w* aettng Plan, including t RO�walls and fenfor analysis of adequacy oCvisod screening, t�cotmnl,,�joa�C"'sQ1(oJacspe ces stsidta:ttaal (d) Asite plan showiaifffiglities{bjr, `t�tTli�e AMO marc- •�•� �� f(��J�y�i It � � 8�34iiDBirat Hook 1613Pagar 797 U{� (e) Pleas'for all signs to be created, including rc'&Ir of materials, location, design, sixC, color and lighting; (0 A dcscriptian of proposed use nflbe improvements in sufficient detail to permit a detaminada¢ (i) ofhhe exteat of any noix, odor, vibration, ttaoketsl es, hazard, radiation, radioactivity or liquid waste that may his th ertaue)!j��'nd{� whether or not the proposed use complies with tbmt existigg,�pql o1:f g16ilelS,`Ihe Restrictions, end other laws and governmental regulations applicable Usp�ib;vnti' c'"w eats � VE ib} Any other information as may be reasonably requested by the Architectural Review Committee in order to Inst¢e omnpllanea with this Restrictions. 6,08 Variance 'Che ATChiloctuml Review Committee shall have flue right to approve a v5..;i. "gqgqA�j ResiriCtiatts tCstdtiag Sam as inadvertent error in surveying otter linos, err u� n1. t•' �' r>�u mislocatiou of imptnvcments on o Lot, st the solo reasonable judgment of Ar�i "t2itt , Committee, provided approval of such varisnoa does not violate the spirit afthaRestriatlons lir7 6.09 No Withdrawal orApproval. Once the Architectural Review Comorltma has approved Plans for Building or other ro't Structure, and such Beild• g Of other Sbuetum has been constructed in tank miry with such 1praa, the ap�rra�d;"slr!xtl;11 be withdrawn and such Building or other Structure shall thereafter ),e . -%-kW A cbinplhwcc with these Restrictions as then in effect thercaRar nmended. ,•y�i:� 'I ARTICLE 7—BUILDING LINTS 7.07 t3alldi¢4 Llnrs. The Arihitacturul Review Committee shall determine the location of(aed setbacks applicable to) any Building ar S turn on the Property, havin%g - for all relevant considerations, community -wide at , size, shag enj� qn of the Property, the type and use of the Building or Strucnue and anyr ieiign4r # aaui'orations. The areas between PwP�y lines and setback err bull�rnj� ulldipg ) zW to he used only for landscaped areas, lawns, driveways and walks7'a 'caetdaitMAI rrevisions of this Daelaration. With the written approval of the Architectural Review Corrupt ff-aareat parking may be pe mittai in required yards provided that appropriate. landscaping cress art: meintained, and farther provided that no Parking shall be permitted within ten (10) feet ofpmpcdy lines adjoining a public street, arwithlrt six (8) feet afatherpmpa W lim s, Incidental, low pranlc Structures may ernc� por milted within aall Hen property lines and Building Lines only upon prior writer a"pva! �3tevtaw Comadttea(wldch approval maybe withheld in the sole twat Review Cnrnmipea). Such structures shall be of the same or a(�nni 6b g qualilyraadaioggi, so as to blend harmoniously with the Buildings crecled err pormittcd ieA%i'siht�V Lois, 7.02 Mialmum Setback Lines. No Building or Structureafany kind and no part thereofshall be placed within the setback lines estabtialred pile ableTown of�aiP1,q,�1�a..�nd County of Brunswick laws, ordinances and regnluUons�dedsh� +(Iag improvements am exprasaly exelnded from those setbgarl�ta, `fso• btrastted by the a pplicablaotdinance; (1) Str'umsbeloowwUMAOY rod• (it) steps, walks, Padding auras, drivaways, and curbing; & (l planters, walls, fences err badges, not to exceed four (4) feet in height; ca t; lender irti bid%'ai 4K� ` arr)?od,pro�v era approved in writing by Declarant. ftms,•a 12 eacroUr, %03 aaR and�mtt r�atfltulo. Inat g 177maZ' Book 3813serjn: T9B All JAts aresubject to the State of North Owlina rules mild regulations canceming stoRnwatcrsunotins thesc mlesand regulations maybe amended Son time to time. Withmo limiting Ore foregoing, fled its dtargrmr, Duc4rdj�n Architsdvral Review Cuatmittee, tcscrvcx the tight to impose a" _}t �dPero' as to Ora extent mgtdred by the terms of the raormwaterptuol t f m / irelopmeat as issued by the Sim of North Carolina. Such adW byDmolantat by the recording arm Supplemental Doclarallim, an joinder or qQ a Aoaoeiation or any other owooror person shall be required an such Supplements! Dechuattan. (a) . This covenant is intended to ansme ungoing complim= wl%h Stria Stonnwatrr managcomera permit Number SW8020510, as mincaded, as issued by the Division of Wakr Quality under NCAC 2}I 1000 aubtrequmd(y jglyj is or men udifloadous. (b) The Stara of Kn0 j'§ }s rdsde a - of these oovunants to the extent necessary to mtunlain comtdiangs: M the mauagemm tpermit. (e) These covenants arm to run with do land and be binding on all persons and parties claiming under them. (d) 77n: covenants pertaining to st mayhwt be sltemod or rmsci ed whbout the express written manual of the Stria of Non h Caro ivialan of W,,a)erjurt 1 . �ry y[(���. �� I (o) Attention of the drainage as shotvw Celia 8 t�kfr'i hggy�� pleee Without the r�encurruneeof939DivieionofWalmrQaa}�itt�SiF (� The maximum built -upon mom foroutpercel(s) and bum am shown on the approved plow is as set forth in seed permit which is bsetcalty on ellotateal of 85% Imptavious surfuce for each property. The Weaifmc allotment xW) be specifically $ri forth as to each property in its contracl of smlw This pilotted ainrntnt Includes any bm'll-upaxAm constructed within the property boundarirs and that portion of the right-of-way between ed of avement Huill-uor, ge p pox area includes, but Is net limited to, = rJa enact-, gravel, brick, alone, xbtr, coquina and parking areas, bul does not ii rues _ o eScvi wood decking, or the water surface efswimming pools, t `' r�#N,. (g) The runoff flow all built -upon area on the outpatset or future area must be directed into the permitted stmmwatcreantrwl roan, (h) Built -upon aramiq, ofthe pmsmittyl nt will requiro a permit modification. � N4. a�a I._The conneetipn et�1fL�°a6iit6yatom Into the etonnwatareptttt9tzhalibetaadasuoltthmt muidngpt%nnotOccur. '(D Finch outptuccl or future development treat whose tr ocubip is not retained by tho permitter:, shall submit a separate olisite stonawater permit ttppticafitm In the Division of Water Quality and receive a permit prior to construction, (k) Declarant mom the right itt ( e d ji, p aumtwater permits tar, odifnod to reraleuiatc and mdaignote maxn t mispfirf>Q rib in ($ abpve, provided such recalculations and rcdesigna " me h �_, E m "Je stormwatcr permits. In eddltirm, Wally property as finally constructed does U61111111 built upon arce. Declarant stall have the sole right to reclaim such excess allot neat and reallocate it to remaining Properties in its Sale discretion. AR= LR B — PARTMG ADKD LOADING J r: L05 Parkin •, f:=eta- Na parking of sutuntabocs, trucks. or otburvddclea will be perm.lt aAiiDmf Na or aas+rc tws, a private streets in the Property. and it writ be the responsibiUty oftraeh Owtici''to pmvi + times sufficient parking and loading facilities on eta Lot d least to the minimum standards laa +oaat) 13 rrt''f agthcFrr t= forth herein, and each Owoershall be responsible far compliance with4isionx of this Section by its employees, customers, visitors, invitees, tenants, and motor carriers serving the Lot. Each Owna shall keep available and maintain on its Lot paved crass, or land for future paved arras, at least as set forth below in this Ardcla L 8,07 Parklog Ar .a Pariong oraas s u� jaov'� I ittcorural Review Committee (subject to the requirements ofTn , e tddi s y�o ck laws, orditrsam and regulations}, if parking regalramantx increase ns a tvsttt ill opin use or number orctnployces, additional ofr West parking shall be pmvlded by Owner to satisfy the intantofthis section. All parking facilities and private drives must be approved by tbo Archiloatmal Review Comatlitec. in addition, there shall be no parking within the enhances, wits and driveways afar on a Lot. 8.03 Loading Docks. G r L, Na loading dock shall be created inb ° 3h at unless adequately screened by landscaping arotha xcteening andFrl't ajrllie ltikig{uvicw Committee putsamrl to Article6. �L�rll LIM Payln¢. Paving of any partion of arty Lot used for driveways. parking areas and loading areas shall be paved with a dust -free, ail -weather aurface and shall be kept is a good condition and state arrepair as approved by the Architectural Rol?.! Cm nnince. LOS Curbs, 1)rlyewayContreetiona. i. r7 rFFlIsl �}ti��: Subject to applicable law, the edges of all ligvgg a i a `a-M ing areas adjoining a landscaped urea or open spoce shall be'1~srmed an s ' andard eonaele curb and guaar or Dthtr ncu% permanant edging materials unless otherwise appravcd in writing by the Architectural Review Committee. 8.06 Parking Lot Light Flrturrs+. ThS Vi ;cations for the parking lot tight fixtures shall be as determined ftom time to T' ural Review Committee. 1J- g( ti' ,+ fi W1F ARTICLE' 9 —BUILDING CONSTRUMON 9,01 Buitdlne Construe don. All DOI dinga created onto Ownar's Lot shall be constructed with exterior moterials approved by the Architectural Review Cotmnittce, All walls ofBadtdings shall be finished with face 13t�gi;, stone. glass orrhe� rive surface not otherwise prohibited, as approved by the Architect'fritjliev�te}�e�Cyolarditt +p` cant to Article d of ibis Decluradon. The use of any othw mote�tt'1¢� lI Ip4rm n onl111 �tou on the Architectural [review Carandtlee's prior written 9.02 Soeelilentlons (a) Every Building shall be built to the following specifications which: (i) provIde adegttato fire proN.dU syattanr, (it)provide rarallundergrtru!1a5(to igiei i ' r (fit) prrawve the qualily and stril, jlhere $i > na do not detract fiam adjacentproperlhx; , {iv) do not include exterior fire exagw, strd (v) do not makq teasive use arrenwdve or irrored glass. �+-6 :T (b) Each Building, t�mptaar o ,�fg'd o{tepaiut6u`iiness t:ntcrprise shall have a hash dumpxta on the premises adaqu4(e to, (eib"o b ap iv ,sle items generated, manuraelured or acquired ,It by such `adl&'idea. fifi5 removing and disposing of ell such waste materials must be constantly housed or screened in1'rtrafitier approved to writing by Inat 0 1738� j�bold ' , RC Rt tba Architectural Review Committee. All O,ailitics and plans 1br the disposal orwastes lather ' then by public saweraga mcli ods (such as dueddigL compaction, incineration, mclamrtion or chcnicat dissolution) must be Bppmvtd in writing by the Atchltcdml Review Cotomittem (c) Each kitdten facility within a rests con hin a water garbage grinder disposal. Scheduling for greasetraps, trash t sset forth in the Ruin and Regulations promulgated by Dacia �rFml.! re - �l�nee�icR: (d) Al! Setuattum will be equipped with gO km gpther Intaticr or c %twWrdminaga conveyances Irdelcusined sppropriateby the Arehitectursi'Review Committee and are tied in underground to stand drainage system. (e) No exravidon theli be made except in cogjinctlon with construction of an improvement. Whoa avch lament is cd opmiegs shall be back filicd sad Smdtai, rRi4 � � ; �• c,�f;''u �dar�ats an ARTICLE 10— LANDSCAPING AND MAINTENANCE OF GROUNDS AND BUILDINGS 10.61 Landscadlon Plans. IrrI y�(!•1�+r�VF� AO Lots upon, �idt�dl>islarhnstmetad shall be Isndsapal in accordance with (i) applicable Town 61�+ L�ountprlaF,t3ou�vfek lawn, nrdinmrew and regulations and i the plena; appmva�•hy the Ar Cdsgj law Cammi co pursuant m Article 6 heemf. LandscapingPlana shall ix subaeitted for "ilmidtatumiReview Coaaniuee prior to anmmeucariant of any canshuadon Ind all landscaping plans, Once approved by Architectural Review Committee, ehafl not be altcmd without the ArrStoctursl Review Carntttiltee's prior wriuen appeoval. Landscaping plans shall include adequately dafrocd Information pr>ritinbtg to aress to be landrge with lists, size t�lo eosefplantiug malaLda. lamdscapingpnrndant to such latrdseaprng pa vdjd; 31 lacturai Review Committee sbsll be installs . within thirty (N) �'imcy or completion of a Bulldtng, whichever accum rued. IJ �� �_: rtar�•t La miracVnil shotla�>, (a) Be required on all siteseoatemparancouslywhh nompladon orether improvements, but In no event later than thirty (30) days afar 6rstomupancy or completion of Buildings, whichever shaft fast occur. { C��espingplw approved by the Atcidlearidral Review Committee. _f'4,I Y; w516elimited to landseapingPlans which: (ll�ll rr auturandt Uvalt pound spriukliag syaletm for all 1 edamesdirectly adjacent tothel3nilding; 7 do not obamul sight lines of stred ta•sbfveway Intersections; Cii) prasory C-Ame ing Ime withia cry squired by the Arcltite�• Mew Co�d(hgt ' r the Town analand (O being undersi i tit! alter CANNOT BE REMO of dal of the Architaatusl Camml':I c (iv) paanit reasonable access to public sod privBic utility lives and cat"ments for Installation and repair. 10.0Z dAudsmaing. Outside erg w, serganing orfariklue andLeadfo Ai{.ar�a `y id 8uMMS Ulm Bud property lines sot used rer drives, walks, parking; �»�!itiedr� s algBt ltkaetivaly landscaped and maintained, lie landstaping milt trees, evcrgwos, Dams sad other subtropical mattnial plan sh1iR'i)hcrude conducive to this was and scsping plants appmved by the Architectural Review 4orpl tp� r1 JA •�')'`' Cs4iy;%ft"e u+ss it 17ane nook itiL7L4ges a01 Committee. Groups of indigenous tress and tell everg v wuut oe pnsvided between property lines and Building Lines along streets to provide year round screening in these areas. All parking areas and loading arras shall be adequately screened fmm adjacent roadways and/or properties Not 1e�s` fi QE.o�� rt s%.) of may Lot shall be devoted to Onxn Area unless otherwise Yltr )kit tt RoAaw Committee. As used herein, "Green Aran' shall mean an�tiirntlp. t and located on the sane tract of land era, a Building or group of Buildings, in to air ieh it serves to provide light and air or aeenic, recreational or similar purposm. Such space shall, in general, be available fur entry by the occupants of the Building of Buildings involved, but may Include alimited proportion of space so located and treated as to enhance the amenity of the development by providing landscaping features, screening far ilia beoerd critic occupants or&cso in neighboring areas, or a general appearance oropenncss. Groan Area may Include, but AM , I be Itmlted too��,,.4 , e�oralive planting, wooded areas, landscaping areas covering s4uexu !?1g3E,P�rinate than tart (I0) feet above ground level, sidewalks and wd �quoro5u�h1lfas� ylione] areas. and water surfaces that comprise not more than Mi <ve jt _ of the total Green Area. k shall not include parking lots or other vebicular surfaces cr sae Buildings. 10.03 Rabbit. Mawing. The h�reeord Owner of each Let oil the property free of rubbish and trash and afro// `vJlani,�s end unt)t�}ot�l � so as to keep the Lot in s neat and clean condition. keep grass, 10.04 a(nl ict2 n I i ndaar rinklers The landscape developlahling been installed, shall be maintained by the Owner or tenant of the Yet in a neat and adequate manna subject to the provisions ori.01(c). which shall include the mowing of lawns, tmtuning efbedges, and removal ofwoeds from planted am on the Owner's Lai and public and private rights -of -way adjacent thereto, Maintettaneo of the ion ing development shall include mmulching, replacement of all plant material included In the a lands a •pla�i 'cprinklaayalam and adequate watering shall be rsgttired tor all Ian, Wised �`t}ntse which have been left In a natural state). Dalarent and/or AaaoEi fia;d'f s+ ',r ¢ FIVATIUJF+i{itira tha use of reuse walerfar irrigation fmm reuse water pond3 and the tm�iid(Q$ht to pmhibh the use of individual wells. 10,05 Malntanaece orClemr Condition, Comallaneewlth LMa Dfanmal erTrash. Each Owner and tenant shall keep its prcadi ea, Building(* improvements and sppuAennnces in a xuCe, sightly, clena and coat ern (including, wi o L { .Lion, all necessary painting, repair and cleaning) and alail coONE h a�i�qVpp'��QQ�_faFt[e'allh. and police requirements. L'ach Owner and away leantigt`CYs�3.iifis�vc at its own expense any rubbish or trash of any drarantrrwhicb�j)nu> y. Rubbish and trash tall not be disposed of on theprcmises by burning in open 0a4ih, 10.06 Association's Right to Maintain. In the event any Owner, tenons or occupant doe nal coMiywith the provisions ofthis Atticle within ten (10) days attar written notice by the Assaciau a Asioeiallp>}� IC � y rcprescrrtatives or employees shall have the right toeniaron auch 1.o, lihttl,pf rr"p)ltne•'wd%° spsai6ed in such notice and the Owner, lcmud aroaupmd, eacje � lei,"'j�ity rffpjgr pay the cost thareerwithin thirty (30) days following detnand, ��jj a cast6��slligtEwprr �w�o not paid sllersuch demand Is made therefor upon such Owner, Leant or occupant, it shaliii'Wawa lien an such Yet as a Specific Assessment. In addltion, the Owner, lanaat or occupant shall be deemed w have cmntmcted with the Association for that work and the Association shall be entitled to file and enraree a mechanic's lien against the iaterest ofthe Owner, tenant w occupant for the coal of that wto and to weaver the cost at work and ally olller allowable fees or expenses in saenfenccZ9 WDrd1 plrN� i�1tU's Geelaw. t7Gt1•Y, rararq �LN-,nto' �1105�rr:71 rras� a s73t182 s': On10.07 Dr:taaee. Wh= stotat water eirubrago Is not piped, it shall be passed through drainage ditches and swales which maybe carimmed and maintained on each tat by the Dwim thereof (at soak Owner's expeaikhand such drainage iffi r and stvalas shall comply with all rulce, replortiasa and sequireortenuoh usty�e VwTh noFLelandandlorathergovemmcotai castles, dlshial ( "+g]arrs=dlaion. Lk � i ar!rrsvFOO'CSIDESTORAGE 11.01 Middle Storage~ 6ereesdoe. No outside starage of any type (iaaluding, but not limited Ia. materials, supplies, equipment. finished or semi-fiadshed oafs, raw materials or as w of any nahue) shall be starod orpermitled is rsmd an any 1.ot o the, uG¢ �' gal cottsW crud thereon, without the prior wriunn approval of the ljildVG mantras ptuscant to Article 6 (except doting initial conslroc0oa of a� A ge shall be screrned andlar fenced in soeordancewith the terms of the Ovid vv co mnitlee's approval and shall be continued only in atxardmnce with the tams ofthchitectura) Review Committee's approval. 11.02 Tmob Re0ltla. 'h4yt Fseilitlea Farr ot�ge of waste and rubbish stall be maintained in timed emoudnerrafe s*!e, �''xS' fi.Mitectunl Review Committee in writing and is loealiaas with fendag a n a raved by the Architectural Review Comotittm in writing. All trash faeifitios (gar "sqq � fl1 h and mpletions adapted byDaslaraat or Association. „S iln. 11.03 Slone of Lto olds, The bulk siotagc of my liquids on the outside ofUlditip dud] ba pmW tad only In locutions and in a manner as maybe approved in writing by (he Archile eduml Revlew ttee and the Town of Leland or (toasty of'Bmmrwict , ARTICLE 12— CclN1iVEitf}.,I�j� f'J`°'' rsacxscrs L y� 12,a1 Minuets. No ail or gas drilling, cif development, mining or quarrying ttpewlioam ofany load shall be ponaincd upon the Property, or any part thereat; nor shall all walls` lade, brands, miureral emcavatiam or ahulls be perm' id apon am Property or say part thereof without pear wiittco approval oFthc Baud.wil 13.01 Sian RmulUtneots. oftvii4$ Subject to approval by the Architectural Review Committee, ace (1) temporary alga may be, created an a Lot prior to and daring construction Of any 8rdldiew or Structures the:ean (unless additional temporary signs are approvedby, qre Architectural Review Comrrlitle c). After wnstrwxion is substaullaily complete, suah tanpmsryri' r shall be prompt! tt�od and may be raplaeed with an appropriate permanent bu1111ag idmn an IS ra writing by the Arahitaclural Review Committee. Each build id 201 be constructed or standard materials prescribed by the Architectural Rc �rterq��aii ` dr nor written approval or*c Arehilectural Review Committee is obtained, no bw�i�don sign shall be aitaabcd to any Structure or building located upon a Lot, and cast building identification sign shall be free -a riding and located in a manna Wtcndcd to provide ready idamiftcatiom from Reads or other righle-orwny located within the Property. The Plans submitted for approval pursuant to the mquiremeS69f Article 6 abw�e�el1 � r identify the iocation of the permanent building identification sim% ira*..w :lira eP desires to locate upon the LaL Relocetlons ofpmnancntbaiiding id��li sty pre 6i e to approval by the Architectural Review Committm in addition, ilte WM& and add feattmras and characteristics or any other temporary or permanent signs � 10MV3 r,lfr'! lour! c 1738e2 croak 1e132nge: eon Without limitation, elkwional signs, traffic Rol signs tied promotional signs) shall be subject to the prior written approval ofihe Architectural Review Committee, Any and all signs an The Prapeaty must comply with an applicable requirements and ordinances or the Town of LAIR dlor County of 8 ibk. Flashing or moving aigas shall the fb be prohibited on opany. , r r .A mow' 11 ,rr��L1t 14 13.02 Sluff Approval. All signs must be approved by the Architectural Review Committee in writing prior to order, purchast or installation. Normally, such approved will be limited to those signs which: (a) identify the name and business of the occupant, or which give directions, or which otTerthc eel �ar sale or lase. Tfie iomtniltee shall approve al! sigeur prior to p pAq+i'�osn sire Hmlts No advartitdngaigns nrbillbonrds orolheradvertising i i) al�hall ba eorecied on any Unit ordisplayed to the pu6lio on any unit .rbjo'r ran out pdorwrineoapprovalof the CammitlaeThis covensnt shall ply tdbyDeelaran4includingsignsused to ideatlfy and advertisethe roprtiesa, or ransauctioa idextoliealine signs approved by the C'aaranittae showing Unit awrrbras and nmrte afbuileler, arfora homeowner fen the purposes afidmtffyiag the homeowner tie a resident on stud Unit. Decttunat or Commilhn retains the rightte modify this restriction Including the right to dissllaw signs ailagiaw or to rcquinthat all sips must be or similar size and color, Declarant or Committac has 1ti ' i to rnter�uppp � r ir} and remove any unapprovad sign. , ;i S��I, _ip , (b) Are not of unusual size or shape pd 4cuiiding or Buildings an the Property; or (c) Preserve the quality and atmosphere of the anti. signs or a flashing or moving chnraciar and itwppropriatel red al gns will not ki ppucd, Thu Association shell have the right to Baler on and to mMovc-01ign k, c, l rtt7w t�til4h written appovat. WiiII� liC;)1 1 � rrraa�l�r:u; ARTICLE l4—?MMI'LTED ANIO P Bi�'1v"Ii):3;; 14.01 Nonresidential Purposes. Lots arc hereby restricted =elusively to nonresidential purposes; provided, however, this covenant alert not l to hotels, morale, err siOlar temporary stay faadlitirm This Declaration spexi5catlypmvides North nil tp tread Community Act (N.C.G.S. §47.F) does not apply to the Commensal hl, �+ ' ('] i. " ' raa ray: 14.02 General Res"fcictian—$— The Properly sbali be tread only far Those purposes as permitted in this Declaration and in the zoning ordhiances oftho Town ofl.elaod and/or Couniy ofBnwswick in fosse and oNxt on Me dale of this Declaration (tie the am may hereafter frau,timo to 13me he amended). The Declarant reserves the righ4 however, further to limit or restrict she use d1%gulieular Lot orr Loss under the provisions naiad dwougbout these Restdcdcam No use will b�f*c pi aprt�'ta J i �lV or any portion thereof or any Building or Structure thercou at any time, npr p j(n�i} �mafandl's"ar products be manuraclumd, processed ora trod iberaae or therein, which rid rid ttT6ib " U the Datimanc and/or the Architectural Review Committee cause an ondae fun or haallb f '7y� adjolaing properties, detract or hinder the viability of adjoining properties. or constitute a nuisance or cause the emission orutwous adara or looses or smoke, or cause point or other conditions which might violate the purpose Red intent of them Restrictions and development crstexta or which shall constitute a violalit ol'ary law orthe United Status, the Slain of North Carolina, County or8runswide and/or ToMFp Leland, or any a,"aT Sable law, ardinance rule ro regulation. No anteatan or towel shall 68g1ed:p�llieiY_tegpeiiya"r anyptttpnse without prior written approval tram the Declarant. a ppo�i J�htti�fii&i I lea as approved by the Architeerurol Review Commitiee in its Sole tiiserolb-n e'f ` , 'i +roped Is �C�K�K�K�C�K�K�K�K�C�C�C�C�C�C�C�C�K�K�C�C�C�K�K�C�C��C�C�K�K�K��CIK�C�C�K�C�C�C�C�C�C�C�C�C7K�C�K�K�K�K�C�K��C�C�K�C�K�K�K�C�K�K�K��C�C�C�C�C�C�C�C�C�C�K�C>IC�K>IC>IC�K7K�K�K�c>Ic�K�K�K�K>ICJK�K�K� �K P. 01 �c TRANSACTION REPORT FEB-16-2007 FRI 11:04 AM �c �c �c �c FOR; NCDENR 9103502004 �c �K SEND �c DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP FEB-16 11:03 AM 92518282 39" 3 FAX TX OK 090 �K >K TOTAL 39S PAGES: 3 �K �K >K +Q�0E WANpG Michael F. Easley, Governor 'Pr William G. Ross, Jr., Secretary r North Carolina Department of Dwironment and Natural Resources Q Alan W. Klimek, P.E. Director Dkftlon of Water Quality Date: February 16, 2007 To: Richard Collier Company: McKim & Creed FAX: 251.8282 FAX COVER SHEET No. of Pager: 2 From: Rhonda Hall Water Quality Section Stormwater Fax 0. 910-350-2004 Phone ill: 910.796-7345 DWQ Stormwater Project (dumber: SWB 061114 Project Blame: Waterford Commercial Development MESSAGE: Richard: I. Please provide documentation that Weingarten Huges Waterford Venture is registered with the North Carolina Secretary of State. 2. If the outparcel lots will be subdivlded or sold, I will need a copy of the deed restrictions for those outparcels. I have attached example copies of deed restrictions Norlh Gamer DhkCi. •ti Wamr ow iv 127 Caldrel caw R*nkn Phore 10) TAE 7211 cuemmser"l- 7487M Wkk mn Rarknal On. WllmhwhA NC 2840SM45 FAX (�7s1733-P498 InUrmt hbalwAt l no.0 �]�pt7nmpap AnFqualOppomnVAffk dwAdmSmg o-MRKydWK0%W-iGwm=rAx " vM`KIM&criEED To- Rhonda Hall, Express Permitting NCDENR - DWQ 127 Cardinal Drive Wilmington, NC 28405 ATTENTION: Rhonda hall WE ARE SENDING: ® Originals ❑ Prints ❑ Specifications ❑ Calculations +�����. FEB 0 7 2007 LETTER OFbt SMITTAL DATE: February 7, 2006 PROJECT NO: 4628-0001 TASK NO: 40 RE: Waterford Commercial Development - Harris Teeter Stormwater Application Re Submittal [TRANSb,MALNO:. PAGE 1 OF 1 ❑ Shop Drawings ❑ Samples ❑ Other - Quantity Drawing No. Rev. Description Status 2 SWU-101 Form (original + copy) G 2 SVdU-106 Form (original + copy) G 2 Joint Venture Agreement C 2 NCDENR Comment Letter dated 1.2/12/06 SW8 061114 C 2 NCDENR Comment Letter dated 12/01/06 SW8 020510 Mod. C Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid E. Construction F. For Review & Comments G. For Approval H. See Remarks Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3.Other 4. Amend & Resubmit 5. Rejected - See Remarks REMARKS: There have been no changes to our plans or impervious area. Cape Fear Engineering is Modifying SW8 020510 Modification to show Tract K is the same area as our property. 243 NORTH FRONT STREET,_ WILMINGTON, NC 28401 (910) 343-1048 FAX (910) 251-8282 cc: Billy Cashion w/ enclosure McKIM & CREED, PA File w/ enclosure 9 Signed Ramon Marconi for Richard Collier, PE S:\4628\0001\10-Comm\020706NCDENR SW Resubmit Trsm.Doc F WAiF �� RQ Michael F. Easley, Governor 1 William G. Ross Jr., Secretary r North Carolina Department or Environment and Natural Resources nt- (J �ti` `C Alan W. Klimek, P.E. Director Division of Water Quality December 12, 2006 Billy Cashion, Construction Manager Weingarten Hughes Waterford Venture 9420 Forum Drive Suite 101 Raleigh, NC 27615 Subject: Request for Additional Information Stormwater Project No. SW8 061114 Waterford Commercial Development Brunswick County Dear Mr. Cashion: The Wilmington Regional Office received a Stormwater Management Permit Application for Waterford Commercial Development on November 27, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Prior to the issuance of an offsite permit for Tract K, The Master Waterford Permit SW8 020510 will need to be modified. This office received a Stormwater Management Permit Application for the Waterford Permit SW8 020510 on September 19, 2006. A request for additional information was sent to Mr. Exum on December 1, 2006. As of this date this office has not received the additional information. I have attached a copy of the additional information request for your convenience. 2. If the applicant is a corporate entity, please provide documentation that the entity is registered with the Secretary of State. 3. Please provide documentation that the signing official on the application meets one of the following criteria: (a) in the case of corporations, by a principal executive officer of at least the level of vice-president, or his authorized representative; (b) in the case of a partnership, by a general partner and in the case of a limited partnership, by a general partner; (c) in the case of a sole proprietorship, by the proprietor; (d) in the case of a municipal, state or other public entity by either a principal executive officer, ranking official or other duly authorized employee. The signature of an agent shall be accepted on the application only if accompanied by a notarized Letter of authorization. I�o ` Carolina Avura!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwatergualitN,.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Waterford Commercial Development December 12, 2006 Stormwater Application No. SW8 061114 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to December 19, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7345. Sincerely, Rhonda Nall Enviromental Engineer ENB/rbh:S:\WQS\STORMWATER\ADDI NFO\2006\061114.dec06 cc: Richard Collier, P. E. , McKim & Creed Davis Fennell, P. E., Cape Fear Engineering Linda Lewis Page 2 of 2 Michael F. faslcy, GUA•en'Cnr William G Ross Jr , Secretary North Caruhna I)cpai unenI of EnvironmcnI and Nat wal RCSOUrccs Alan W. Khrnck, P 1'. Dirccton Division of Water Quality December 1, 2006 Bert Exum, President WDV, Inc. PO Box 1967 Wilmington, NC 28402 Subject: Request for Additional Information Stormwater Project No. SW8 020510.Mod. Waterford Brunswick County Dear Mr. Exum: The Wilmington Regional Office received 'a Stormwater Management Permit Application for Waterford on September 19, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Please revise and reformat the proposed deed restrictions to incorporate the necessary statements, as shown on the attached document. Among others, a statement regarding the BUA limits for parcels E, F, K, M and N must be included as well as a statement regarding the need for the purchaser of one of those parcels to obtain a State Stormwater Permit. For the single family lots, additional statements are needed. 2. Please provide a map that delineates the one overall drainage area for each of the 8 proposed pond systems. 3. Please locate, label and dimension all drainage easements. 4. Please provide a typical pond section detail, including the required 3:1 slopes above permanent pool, the forebay, vegetated shelf width, and a table of elevations for each pond. Please include grassing specifications for the slopes and a list of wetlands species to be planted on the vegetated shelf. 5 Please provide SA/DA calculations which demonstrate that the total surface area provided at the permanent pool elevation meets or exceeds the minimum required. 6. Please list the acreages of the 8 individual pond drainage areas and the square footages of the built -upon area within each of the 8 pond drainage areas. The breakdown of the individual tracts is helpful, but a breakdown by drainage area would be even more helpful. Nne AprihCarolina atural/y North Carolina Division of Waters Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer service Wilmington Regional Office Internet www_ncaIity_gi1 Fax (910) 350-2004 1-97"-623-6748 An Equal opporlunitylAfhrmalive Action Employer - 50% Recycled110% Post Consumei Paper Mr. Exum December 1, 2006 Storm;Nater Application No. SW8 020510 Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to January 3, 2007, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7335. Sincerely, Linda Lewis Environmental Engineer ENB/arl: S:IWQSISTORMWATERIADDINFO120061020510.dec06 cc: Davis Fennell, P.E., Cape Fear Engineering Linda Lewis Page 2 of 2 GG�SS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions 'and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. 1, , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following: 6. The maximum built -upon area per lot, in square feet, is as listed below: Lot # BUA Lot # BUA Lot # BUA Lot # BUA This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. All runoff from the built -upon areas on the lot !rust drain into the permitted system. This ,may be accomplished through a variety of -means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Signature: _ Date: I, a Notary Public in the State of County of do hereby certify that personally appeared before me this the _ day of ^ _ 20— _, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal. SEAL Signature -- — ---- My Commission expires Lf BYY -- I INFORMATION PERTAINING TO DEED RESTRICTIONS J AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, _ , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any outparcel or future development area: -1 2. 3. 4. 5. 6. 7. 8. 9. 10 The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number _ , as issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. 'The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area for the outparcel(s) shown on the approved plans is as follows: Outparcel # BUA Outparcel # BUA These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. The runoff from all built -upon area within the outparcel or future development area must be directed into the permitted stormwater control system. Built -upon area in excess of the permitted amount will require a permit modification. The connection from the outparcel`s collection system into the stormwater control shall be made such that short-circuiting of th.- system does not occur. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. Signature: I, State of do hereby certify that before me this the day of County of Date: , a Notary Public in the rsonally appeared 20_ , and acknowledge the due execution of the foregoing instrument. Witness my fund and official seal, gnature My Commission expires SEAL