Loading...
HomeMy WebLinkAboutSW8180805_HISTORICAL FILE_20200512STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE o�a YYYYMM DD NT- • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name M.B. SR. Parker CO LLC Information Sosld: 1832207 Status: Current -Active Annual. Report Status: Current Citizenship: Foreign Date Formed: 4/16/2019 State of Incorporation: MO Registered Agent: Friesen, Robert M. Addresses Reg Office 120 Applecross Road Pinehurst, NC 28374 Principal Office 13230 Raytown Road Kansas City, MO 64149 Company Officials Reg Mailing 120 Applecross Road Pinehurst, NC 28374 Mailing 13230 Raytown Road Kansas City, MO 64149 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. SOSID: 1832207 DocuSign Envelope 10: 21R3C432-49E3-424D-A514-A70ED139F97B Date Filed: 4/16/2019 12:20:00 PM Elaine F, Marshall State of North Carolina North Carolina Secretary of State Department of the Secretary of State C2019 106 0:1461 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: I. The name of the limited liability company is M.B. SR. PARKER CO LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 1The state or country under whose laws the limited liability company was formed is Missouri 3. Principal office information: (Select either a or b.) a. ©The limited liability company has a principal office. The principal office telephone number: The street address and county of the principal office of the limited liability company is: Number and Street: 13230 Raytown Road City: Kansas City State; M0 zip Code: 64149 County: _ Jackson CE6VI APR The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street: City; State; Zip Code: County; i I b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: Robert M. Friesen 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and Street: 120 AppieCroSs Road City: Pines" urst State; NC zip code. 28374 County: Moore 6. The North Carolina mailing address, if different front the street address, of the registered agent's office in the State of North Carolina is: Number and Street: City: State: NC BUSINESS REGISTRATION llIVISION (Revised July 2017) Zip Code: County: P.O. BOX 29622 RALEIGH, NC 27626-0622 (Form L-09) 416 OF MlSsotj cl� Mrss o'��1 John R. Ashcroft Secretary of State CORPORATION DIVISION CERTIFICATE OF GOOD STANDING 1, JOHN R. ASHCROFT, Secretary of State of the STATE OF MISSOURI, do hereby certify that the records in my office and in my care and custody reveal that ,U B. SR. P.4R.KFR CO L L C LC0635346 was created under the laws of this State on the 2 i st day of January, 2005, and is active, having fully complied with all recluirernents of this office. IN "TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL... of the State of Missouri. Done at the City of Jefferson. this 9th day of April, 2019. r ecretary of S e Certification Nurmher. CE:RT-04092019-0025 DocuSign Envelope ID: 21D3C432-49E3-424t)-A5l4-A70EDl39F978 APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) (This document must be signed by a person listed in item 7.) Name and Title Business Address Mike Bauer Member/Manager 13230 Raytown Road, Kansas City, MO 64149 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A photocopy of the certification cannot be accepted. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 1 I. This application will be effective upon filing, unless a delayed date and/or time is specified: This the 1day of Aprl I , 20 19 M.B. SR. PARKER CO LLC uawn.e Name of Limited Liability Company Fz((. bat"tCr ca0c900eo0o&gitature of Company Official Mike Bauer, Member/Manager Type or Print Name and Title Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State.APR r -� BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised July 2017) (Form L-09) BOOK:4200 PAGE:975 14J3?;51.�00 E 0 .. II 1 1 111111111111 I I I IIIIII I II III I I I III Pape 1 of S Brenda AL Clcnmoons. Biunsxlck Couuty Reg is[ei of needs Brenr{,, N1. C.lennnons. Bm-wld Cciinty Replster of neetk 06J00l2019 14:3751,000 NC REVENUE SSIAh1P$4270.00 OJT^ F) D ��' Prepared by: ,lames E. McNeill of Clarke, Phifer, This instrument prepared by James E. McNeill, a Vaughn, Brenner & McNeill, PLLC licensed NC attorney. Delinquent taxes, if any, to be No Title Search paid by the closing attorney, Robert M. Friesen, to Index Description: 2.02 acres, more or less, the tax collector upon disbursement of closing Map Cabinet 109, Page 75 proceeds. Parcel ID: 256BA02602 Stamps: $4,270.00 SPECIAL WARRANTY DEED THIS DEED made this 3 I st day of May, 2019 by and between: G1tANTOR PIONEER 5, LLC A Nortlt Carolina Limited Liability Company 2075 Juniper Lake Road West End, NC 27376 GRANTEE M.B. SR. PARKER CO LLC 13230 Raytown Rd. Kansas City, MO 64149 The terms Grantor and Grantee, as used herein, shall include said Parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that Grantor, for valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby expressly acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: E�r� r PO I r3n� Submitted electronically by Robbins May Rich LLP in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of needs, 0 111111191111Jill II1111111111111111111 BOOK:4200 PAGE:976 «10'/2019 E Rienda RI. Clenmrous. Rrunnvick County Register of Deeds r,ge. z of . Sec Attached Exhibit "A" incorporated herein. This conveyance is made subject to (i) that certain Memorandum of Lease recorded in Book 4145, Page, 1284, Brunswick County Registry, (ii) matters disclosed on any map or plat referenced within the legal description; (iii) the lien for ad valorem property taxes for the year of this conveyance, to be prorated at closing and (iv) all matters set forth on the attached Exhibit "B" incorporated as if set forth herein. This Deed was prepared without a review or examination of the above described property title and no opinions or representations are being made either expressly or impliedly by the drafter of this Deed. The property conveyed herein does not contain the primary residence of the Grantor. The property hercinabove conveyed was acquired by Grantor by Instrument recorded in the Brunswick County Registry in Book 4125, Page 826. TO HAVE AND TO HOLD the property described herein and all privileges and appurtenances thereto belonging to Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises, has the right to convey the same, Grantor has done nothing to impair such titled as he received, that Grantor will warrant and defend the title against the lawful claims of persons claiming by and through him except for the exceptions noted herein. {Thc remainder of this page is intentionally left blank) t 1111111111111111111111111111111111111 BOOKA200 PAGE:977 Bi end a NI. Clemjnans . Bi unsMck Counly Register of Deeds OG10612019 E 14:37:S r.000 Page 3 of 5 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: PIONOM 5, L (SEAL) Na e: Brian R. Clodfclter Title: Manager of Pioneer 5, LLC STATE OF NORTH CAROLINA COUNTY OF MOORE 1 EY I n S . *Odes certify that the following person(s) personally appeared before me this day, and X I have personal knowledge of the identity of the principal(s) OR 1 have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principle's photograph in the form of' a OR a credible witness has sworn to the identity of' the principle(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Brian R. Clodfelter, Manager of Pioneer 5, LLC. Date: 5- 3!- 2 0 1 9 (Official Seal) 1. RN 0 •,. \OTArgyFs� rri�inr�t� 61(_A-Aj �, . W—h0&QO, Notary Public My commission expires: 8- Z2. - 2022 t III III I111Jill II11111111IIIIIIIIIII 900K:4200 PAGE:978 Brenda Ki. Genunom . Munsivick County Register of 1leeds Fxhibit A 05/06/2019 E 14:37:51.000 Vag"; nl 5 Being all of that 2.02 Acres, more or less (87,911.02 square feet) tract or parcel of land as delineated on that certain plat entitled "Subdivision Survey for HT of Ocean Isle Beach, LLC" as recorded in Map Cabinet 109, Page 75, Brunswick County Registry, to which reference is hereby made for a more complete and accurate description of said tract or parcel of land. Cross Access, Storm Water, Maintenance and Repair Easement Agreement recorded in Book 4125 at Page 836 �I I11 �� II IIIII I II 11111111111 Jill III BOOK:4200 PAGE:979 81 end;% Ni. Clemi irons. Snm sw ick Couuly Regi sm of Deed% Exhibit B Permitted Exce sltions 05p)G/2019 e 14:37:51.000 Page 5 of 5 1. Public utility casements of record in customary form to serve the Property, provided, however, that said easements do not inhibit or impair the use of the Property as it exists on the date of recordation of this Deed. 2. Zoning ordinances, provided such ordinances do not prohibit or limit the use of the Property as it exists on the date of recordation of this Deed. 3. Rights of way of publicly maintained roads. 4. Restrictions appearing of record in Book 4125, Page 826, Brunswick County Registry and any Exhibit attached thereto. 5. The matters set forth within the Reciprocal Agreement with Covenants and Restrictions recorded in Book 4125, Page 904, Brunswick County Registry. 6. The matters set forth within the Cross Access, Storm Water Maintenance and Repair Easement Agreement recorded in Book 4125, Page 836, Brunswick County Registry. 7. Subject to matters shown on plat recorded in Map Cabinet 109, Page 75, Brunswick County Registry. 8. Casements to Brunswick Electric Membership Corporation recorded in Book 4171, Page 60 and Book 4148, Page 1130, Brunswick County Registry. Burd, Tina J From: Burd, Tina J Sent: Friday, April 3, 2020 12:58 PM To: mikebauerkc@yahoo.com Subject: SW8 180805 - Dollar General Sunset Beach The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Transfer Application and $505.00 fee for the subject project on April 2, 2020. The project has been assigned to Christine Hall and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-71-16-7215 a NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 E.rr►aii correspondence to and tlom this address is subject to the Nodh ~I aroiirm Public; Records Law and may be disclosed to third par,ies, 9 I 1 Burd, Tina J From: i Burd, Tina S Sent: Friday, April 3, 2020 1:00 PM To: Phil Norris Subject: FW: SW8 180805 - Dollar General Sunset Beach I'm sorry, I left you off the original email. From: Burd, Tina 1 Sent: Friday, April 3, 2020 12:58 PM To: mikebauerkc@yahoo.com Subject: SW8 180805 - Dollar General Sunset Beach The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Transfer Application and $505.00 fee for the subject project on April 2, 2020. The project has been assigned to Christine Hall and you will be notified if additional information is needed. i Best Regards,', Tina Burd Administrative Associate Il Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 � � Es IQQ Email correspondence to and from this address is subject to the North Carolina Public Records Law acid way be disclosed to third parties. i Transfer Application Completeness Review Checklist - Short Version Project Name: '0 L-L-A2 CjFfJ`c-C- SvK)SE-7 -_ jEACIA Date Delivered to WIRO: Z ZZ02b Permit#: �,5 &,3ej-IRC>80 S BIMS Received/Accepted Date: 2b Project County/Location: Permit Expriation Date: :,* , tTL.:) Proposed Permittee Type & Documents Needed: BIMS Acknowledged Date': If w/in 6 mo, stop - needs renewal UNLESS only new permittee is submitting ®PropertyOwner(s) 0Purchaser Lessee DHOA Developer Viable? Viable? Viable? Viable? Viable? Deed EJ Purchase Agmt 1-1 Lease Election Minutes Not Subdivided: Deed M50% Sold List (only if HOA doesn't sign) Subdivision•. Common Area Deed Common Area Deed 'on HDA's Name Current Permit -tee Signed Application? !f not Dissolved/No Longer Owns Property/Not Living Proposed Permittee Signed Application? Paperwork Application Fee: ®$505 (within 6mo) Check#(s): ElDeed Restrictions, if subdivided: 12PE Certification Project Narrative Easements, Recorded (2017 Rules) �O&M on File (unless new one from HOA) Electronic Copies Deed Restrictions Recorded Y O MPE Certification Y / N MBUA/Lot Summary Ivor t.,o" o F-10&M (!f HOA Signed Application) 0/ N 5 ocrq NOTES: 'Enter BIMS Acknowledged Date on this Sheet EMAILED ENGINEER DATE: REVIEWER NAME:i�tS! t� ` G:WQ\\\Reference Libra ry\Procedu res\Checklists\Complete ness Review Checklist_7026 0131 S� Z pssom - Tti is; f 5 5 `kA I G%�-T-ooA)A^�a . I NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Dr., Suite #102 1429 rlsh-Little River Road Wilmington, NC 28412 Ash, NC 28420 (910) 343-9653 (910) 287-5900 (910) 343-9604 Fax (910) 287-5902 Fax John S. Tunstall, P.G. J. Phillip Norris, P.E. T. Jason Clark, P.E. Thomas J. Scheetz, L.I. March 30, 2020 NC DEQ Division of Energy, Mineral and Land Resources - State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Transfer Application Permit No. SW8 180805 N&T Project No. 17068 Dear Reviewer, Enclosed is the $505.00 processing fee (Par 5 Development Group, LLC Ck No. 5064), two (2) original NC DEQ State Stormwater Permit Transfer Applications, two (2) original Off -Site System Supplements, copy of the proposed permittee NC Secretary of State documentation, (2) copies of the Deed, and one (1) CD for your review and approval. Please feel free to contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEER; J. Phi lip , P. E. JPNIt 17068 03-30-20 s sw permit transfer ]tr Enclosures CC: Jennifer Wincklhofer i APR 0 2 2020 NCBEILS License C-3641 11 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form Limited Liability Company Legal Name Par 5 Development Group, L.L.C. Information Sosid: 1043159 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 5/13/2008 Fiscal Month: December Registered Agent: Clodfelter, Brian R. Addresses Mailing 2075 Juniper Lake Rd West End, NC 27376 Company Officials Principal Office 2075 Juniper Lake Rd West End, NC 27376 Reg Office 2075 Juniper Lake Rd West End, NC 27376 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member Managing Member Managing Member Brian R Clodfelter Layne Fuller Rudy L Pittman 3030 Sevens Lakes West 1833 Banking St., #B-3 55 Page Road West End NC 27376 Greensboro NC 27408 Pinehurst NC 28374 Reg Mailing 2075 Juniper Lake Rd West End, NC 27376 e 1 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: SECRETARY OF STATE ID NUMBER: 104315 REPORT FOR THE YEAR: 2017 Par 5 Development Group, L.L-C 9 1. NAME OF REGISTERED AGENT: Clodfelter, Brian R. 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 2075 Juniper Lake Rd 2075 Juniper Lake Rd West End, NC 27376 Moore County West End, NC 27376 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Land Development 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 944-0881 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 2075 Juniper Lake Rd 2075 Juniper Lake Rd West End, NC 27376 West End, NC 27376 SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: Rudy L Pittman TITLE: Managing Member ADDRESS: NAME: Rrian R (`lnrlfPllPr TITLE: Manaaina Member ADDRESS: NAME: Layne Puller TITLE: Managing Member ADDRESS: 55 Page Rd 3030 Sevens Lakes West 1833 Banking A, #B-3 Pinehurst, NC 28374 West End, NC 27376 Greensboro, NC 27408 1 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Brian R Clodfelter SIGNATURE Form must be signed by a Company Official listed under Section C of this form. Brian R Clodfelter Print or Type Name of Company Official 10/26/2017 DATE Managing Member Print or Type The Title of the Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 SOSiD: 1043159 Date Filed: 11/23/2016 8:20:00 AM Elaine h. Marshall North Carolina Secretary of State C2016 321 00555 STATE OF NORTH CAROLINA DEPARTiIMENT OFTHES1zCRETARY OF 5'CATE DESIGNATION AND/OR STATE, ENT OF CIIANGE OF REGISTERED OFFICE, REGISTERED AGENT NAME OR PRINCIPAL OFFICE Pursuant to §55D-31, §55.1-22(26), §55A-16-23(b), §57D-1-22(29), of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of changing its registered office address, registered agent name, and/or principal office addresses for the State of North Carolina. INFORMATION CURRENTLY ON FILE 1. The exact name of the entity as iisted on the business registry is: Par 5 Development Group, L.L.C, Entity Type: ❑ Domestic Corporations, ❑ Foreign Corporation, ❑ Nonprofit Corporation ® Domestic Limited Liability Company, ❑ Foreign Limited Liability Company 2. (Check only if applicable) - The registered agent name and/or address is not currently on file with the Secretary of State 3. (Check only ifapplicable) The principal office address is not currently on file with the Secretary of State. Registered Agent Information (complete this section if there is a registered agent name and address on f to with the Secrermy of State) 4. The name of the current registered agent is: Brian R. Clodfelter 5. The street address and county ofthe entity's registered agent office address currently on file is: Number and Street: 2860-B NC Hwy 5 City: Aberdeen State: NC Zip: 28315 County: Moore The mailing address if different frorte the street address of the registered agent office address currently on file is: The mailing address is the street address, Principal Office Information (complete this section only ifthere is a principal office on file with the Secretary of State) 6. The street address and county of the entity's principal office address currently on file is: Number and Street. 2860-B NC Hwy 5 City: Aberdeen State: NC Zip: 283 15 County: Moore The mailing address if different from the street address of the principal office address currently on file is: The mailing address is the street address. ' CORPORATIONS D�ViSION P.Q. BOX 29622 RALEIGH, NC 27626-0622 August 23, 2016 Form BE-17 NEW INFORMATION Registered Agent Information (complete this section if the registered agent name and address is being changed on the business registry) 1. The street address and county of the entity's new registered agent office address is: Number and Street: 2075 Juniper Lake Road City: West End State: NC Zip: 27376 County: Moore 2. The mailing address if different from lire street address of the new registered agent office address is: The mailing address is the street address. 3. The name of the new registered agent and the new agent's consent to appointment appears below: NIA — Agent remains 4. The address of the entity's registered office and the address of the business office of its registered agent, as changed, is the same location. Principal Office Information (complete this section only if there is a principal office on file with the Secretary of State) 5. The street address and county of the new principal office address is: Number and Street: 2075 Juniper Lake Road City: Nest End State: NC Zip: 27376 County: Moore 6. The mailing address ifdifferent from the street address of the new principal office address: The mailing address is the street address. 7. This statement will be effective upon tiling, unless a data and/or time is specified: This theday of djP.4M.1a4 12016, Par 5 ve pme�Et Graup L.C. arR.dfe[ter, Manager Note: Filing fee is S10,00, This document must be filed with the NC Secretary of State *Instead of signing here, the new registered agent may sign a separate written consent to the appointment, which must be attached to this document upon submission for filing. CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 August 23, 2016 Form BE-17 SOSID: 1043159 Date Filed: 5/13/2008 9:23:00 AM Elaine F. Marshall North Carolina Secretary of State C200812800376 This document prepared by Donnell G. Adams, Jr., Attorney P.O. Box 1753 Pinehurst, North Carolina 28370 STATE OF NORTH CAROLINA COUNTY OF MOORE ARTICLES OF ORGANIZATION OF PAR 5 DEVELOPMENT GROUP, L.L.C. Pursuant to Section 57C-2-21 of the General Statutes of North Carolina, the undersigned hereby submits these Articles of Organization for the purpose of forming a limited liability company under the laws of the State of North Carolina. The name of the limited liability company is Par 5 Development Group, L.L.C. 2. The latest date on which the limited liability company is to dissolve is December 31, 2058. 3. The name and address of the person executing these Articles of Organization, in the capacity of Organizer; is Donnell G. Adams, Jr., P.O. Box 1753, Pinehurst, North Carolina 28370. 4. The street address of the initial registered office of the limited liability company in the State of North Carolina is 2860-B NC l-lwy 5, Aberdeen, Moore County, North Carolina 28315. The mailing address is 2860-B NC Hwy 5, Aberdeen, North Carolina 28315. The name of the initial registered agent at these addresses is Brian R. Clodfelter. The street address and county of the principal office of the limited liability company is 2860-B NC Hwy 5, Aberdeen, Moore County, North Carolina 28315. The mailing address of the principal office of the limited liability company is 2860-B NC Hwy 5, Aberdeen, North Carolina 28315. Except as provided by N.C.G.S. Section 57C-3-20(a), the members of the limited liability company shall not be its managers by virtue of their status as members. 7. No person who is serving or who has served as a manager of the limited liability company shall be personally responsible to the limited liability company or any of its members for monetary damages for breach of duty as a manager, except for liability with respect to: (1) acts or omissions that the manager at the time of such breach knew were clearly in conflict with the best interests of the limited liability company; or (ii) any transaction from which the manager derived an improper personal benefit; or (iii) acts or omissions arising prior to the effective date of this article; or (iv) acts or omissions with respect to which the North Carolina Limited Liability Company Act does not permit the limitation of liability. As used herein, the term "improper personal benefit" does not include a manager's reasonable compensation or other reasonable incidental benefit for or on account of his service as a manager, employee, independent contractor, attorney or consultant of the limited liability company. No amendment or repeal of this article, nor the adoption of any provision to these Articles of Organization inconsistent with this article, shall eliminate or reduce the protection granted herein with respect to any matter that occurred prior to such amendment, repeal or adoption. Thcse articles will become effective upon filing. This is the 22nd day of I ` 2008. Donnell G. Adams, Jr. Organizer AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT including any and all addenda attached hereto ("Agreement') is by and between PAR 5 DEVELOPMENT GROUP LLC ("Buyer"), and HT OF OCEAN ISLE BEACH LLC ("Seller"). FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, -rHE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property": (Address and CauntyLCity where Property is situated) Approximately two acres to be determined by final survey on the Northern end of the parcel located at 402 Sunset -Blvd N., Sunset Beach, NC 2846B- - (Legal Description) Parcel to: 256BA026 ❑ If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and Incorporated herewith by reference as if fully set forth herein, together with ail buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit A. $ 570,000 (b) "Purchase Price" shall mean the sum of Five Hundred Seventy Thousand Dollars, payable on the following terms: $5,000. (i) "Earnest Money" shall mean Five Thousand Dcliars payable on terms as follows: Upon acceptance of this contract, the Earnest Money shall be promptly deposited in escrow with Investors Title Insurance Company (name of personlentity with whom deposited), to be applied as partial payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Sections 4, 6, 7, 8, and 9 herein. ® ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING ACCOUNT. ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. $565,000. (ii) Cash, balance of Purchase Price, at Closing in the amount five Hundred Sixty Five Thousand Dollars. (c) "Closing" shall mean the date and time of recording the deed. Closing shall occur on or before thirty (30) days after the expiration of the Examination Period. At Buyer's election, Closing may occur on an earlier date, with ten days advance notico to Seller, (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. (e) "Examination Period" shall mean the period beginning an the Contract Date and extending One Hundred Eighty f180)_days. Buyer shall have the option to extend the Examination Period for two additional Thirty (30) day periods at no penalty. (Page 1 of 9) BuyerinilialsSol lcr Initials a(W By.. (f) "Broker(s)" shall mean Baxter Cheek representing the Seller and Larry Cheek representing. the Buyer. At closing, Seller shall pay such brokers a commission pursuant to a separate agreement. Buyer and Seiler represent and warrant that there are no other real estate brokers or sales agents Involved in this transaction and Buyer and Seller agree to indemnify the other against any commission, finder's fees, expenses and other charges claimed by real estate brokers other than those stated above. (g) "Intended Use" shall mean the use of the Property for the following purpose: retail sales and general commercial uses. (h) "Seller's Notice Address" shall be as follows: H't' of Ocean Isle Beach, LLC 1421 Dividend Loop Myrtle Beach, SC 29577 With a copy to: Baxter Cheek baxter@resort-bmkerage.com except as same may be changed pursuant to Section 111. 0) "Buyer's Notice Address" shall be as follows: Par 5 Development Group, LLC 2075 Juniper Lake Rd West End, NC 27376 except as same may be changed pursuant to Section 11. Section 2. Proration of Expenses and Payment of Costs: Seiler and Buyer agree that all property taxes (on a calendar year basis),. leases, rents and utilities or any other assumed rights or liabilities if any, shall be prorated as of the date of Closing. Seller shall pay for preparation -of a deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), and other conveyance fees or taxes required by iaw,' and the following. NIA. Buyer shall pay recording cost, costs of any title search, title insurance, survey and the following: NIA. Each party shah pay its own attorneys' tees, except as provided below in Section 9. Section 3. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Section 4. Deliveries: Seller shall deliver to Buyer within 5 business days of the Contract Date copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, easements, covenants, leases, deeds, notes and deeds of trust and easement relating to the Property. Seiler authorizes (1) any attorney presently or previously representing ,Seiler to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller' agents and attorneys, and (2) the Property's title insurer or its agent to release and disctoso all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Settees agents and attorneys. Seiler shall also deliver to Buyer as soon as reasonably possible after the Contract Date copies of all presently effective warranties or non -terminable service contracts related to the Properly_ If Buyer does not consummate the Closing for any reason other than Setter default, then Buyer shall return to Seiler all materials delivered by Seller to Buyer pursuant to this Section 4, if any, and shall, upon Seller's request, assign and transfer to Seller all of its right, title and interest in and to any and all studies, reports, surveys and other information, data and/or documents relating to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earnest Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. (Page 2 of 9) Buyer Initials let Seller IniSials {%� Section 5. Evidence of Title: Seller agrees to convey to Buyer at Closing fee simple marketable and insurable title to the Property by general warranty deed free and clear of all liens, encumbrances, leases, tenancies and defects of title other than: (a) zoning ordinances affecting the Property, (b) taxes not yet due and payable and (c) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permitted Exceptions"); provided that Seiler shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed suet of money, such as deeds of trust, mortgages or statutory liens. Seller represents and warrants that Seller is the fee simple owner of the Property. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Prior to Closing Buyer shall have the right to secure a new ALTA/ACSM survey of the Property (the "Survey") to be performed by a Licensed surveyor in the State of North Carolina, which Survey may be submitted to the title company for the purpose of deleting any pre-printed survey exceptions from the title commitment. Upon the completion of the Survey, the legal description set forth therein shall be attached hereto in replacement of Exhibit A, and the same shall be the legal description of the Property for all purposes in connection with this Agreement, provided however, Seller shall not be required to provide warranties of title to any property described on Exhibit A that is not otherwise described in the deeds by which Seller received title. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions_ (a) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the Property before the end of the Examination Period, In the event that such title examination shall show that Seller's title is not fee simple marketable and insurable or that Were is a defect of title that will prevent or impair the Intended Use, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects and the original Examination Period shall continue to run unfit the defects are remedied. if Seiler does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may, in its sale discretion, terminate this Agreement and recoive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business In the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. In the event that the Property is subject to a lease, Seller shall provide all necessary and sufficient notices and take whatever action is necessary to terminate said lease and remove any tenants and their personal property from the Property prior to Closing. If Seiler fails to comply with the requirements of the preceding sentence Seller shall be responsible for all costs and fees resulting from such failure to comply, including but not limited to, court costs, attorney's fees, and tenant relocation costs. (b) Intended Use: if Buyer determines, prior to the date of Closing, that use of the Property for its Intended Use will violate any private restrictions or governmental regulations, then Buyer may terminate this Agreement by written notice and receive a return of the Earnest Money, and neither party shall then have any further obligatiors in connection with this Agreement. (c) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may terminate the Agreement and receive a return of the Earnest Money. (d) Inspections and other Due Diligence: Buyer,- its agents or representatives, at Buyer's expense and. at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of physically inspecting, examining, testing, and surveying the Property. Additionally; Buyer shall have the right, upon prior notice to Seiler, to enter any buildings or other improvements located on the Property to inspect and test for harmful or unsafe conditions, such as but not limited to, the presence of asbestos. Buyer shall also have a right to review and inspect all leases, contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller as relate directly to the operation and maintenance of the Property. Buyer assumes all responsibility for the acts of Itself, its agents or representatives in exercising its rights under this Section 6(f) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. (Page 3 of 9) I3Uyer IddAlS Y Seller Initials (e) If, prior to the expiration of the Examination Period, Buyer chooses not to purchase the Property, for any reason or no reason, and provides written notice to Seller thereof, then this Agreement shall terminate, and the Earnest Money shall be promptly returned to Buyer. Section 7. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including but not limited to, those substances, materials and wastes listed in the United .States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polyrhiorinated biphenyls, (Iv) designated as a Hazardous Substance pursuant to Section 331 of the Clean Water Act of 1977 (33 U.S.C. § 1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1317) (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6903) or (vl) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.§ 9601). Seller further states that it has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts, and it has no reason to suspect that such use or disposal has occurred, either during or prior to Its ownership of the Property. If Purchaser's environmental studies of the Property reveal that the Property contains any of the hazardous or toxic waste or substances described above then, no later than ten (10) days before Closing, Seller shall remedlate, mitigate, or remove all such waste or substances as required by applicable law and in accordance with generally -accepted best practices. Purchaser shall have the right to inspect the Property to ensure that Seller has complied with Setters obligation to remediate, mitigate, or remove said waste or substances, and if Seller fails to comply Purchaser may terminate this Agreement and receive a return of the Earnest Money regardless of whether the Examination Period shall have expired. Section 8. Risk of Loss/Damage/Repair. Until the Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be home by Seller. In the event the Property is damaged so that the Property cannot be conveyed in substantially the same condition as it was on the date of the offer, Buyer may elect to terminate this Agreement, and 0ie Earnest Money shall be returned to the Buyer. Except as to maintaining the Property in its same condition, Seiler shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 9. Earnest Money Disbursement and Other Remedies in Event of Breach: In the event this offer is not accepted, or In the event that any of the conditions hereto are riot satisfied, or in the event of a breach of (his Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies, including an action for specific performance, available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be paid to Seller as liquidated damages and as Seller's sole remedy, and Seller waives any other available remedies. In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow, Investors Title Insurance Company may retain said Earnest Money in its trust or escrow account until It has obtained a written release from the parties consenting to Its disposition or until disbursement is ordered by a court of competent jurisdiction. If a court of competent jurisdiction dotermines that a party has breached this Agreement, the party in breach shall reimburse the other party for that party's reasonable attorney's fees and other costs associated with such litigation. Section 10. Closing: At Closing, Seller shall deliver to Buyer a Deed with General or Special Warranty (whichever is specified by Buyers title Insurer), the Reciprocal Easement Agreement and/or Restrictive Covenants Agreement required by Sections 20 and 21, if applicable, and other documents customarily executed by a seller in similar transactions, including without limitation, an owners affidavit, lien waiver forms and a non -foreign status (pursuant to the Foreign Investment In Real Properly Tax Act), and Buyer shall pay to Seller the Purchase Price, At Closing, the Earnest Money shall be applied as part of the Purchase Price. The Closing shall be held at the office of Buyer's attorney or such other place as the parties hereto may mutually agree. Unless otherwise agreed herein, exclusive possession of the Property, free and clear of any tenancies, leases, or other rights of possession, shall be delivered at Closing and all personal property shall he removed from the Property on or before Closing. (Page 4 of 9) t suyerlvtialsliex& selLerinitials Section 11. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date: (i) delivered by facsimile transmission or by electronic mail (e.g. email), (ii) delivered in person, (ill) deposited in the United States mail, registered or certified, return receipt requested, or (iv) deposited with a nationally recognized overnight courier, to the addresses set out in Seclion 1(h) and Section 1(i) (as applicable), or at such other addresses as specified by written notice delivered in accordance herewith_ Notwithstanding the foregoing, Seiler and Buyer agree that notice may be given on behalf of each party by the counsel for each party and notice by such counsel in accordance with this Section 11 shall constitute notice under this Agreement. Section 12. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto and no rnadification of this Agreement shall be binding unless in writing and signed by all parties hereto_ Section 13. Enforceability: This Agreerent shall become an enforceable contract when a fully executed copy has been delivered to both parties. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal ropresentatives. Section 14. Adverse Information and Compliance with Laws: (a) Seller Knowledge: Seller has no knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (H) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated to any applicable laws, ordinances or restrictions affecting the Property; (iv) private restrictions or governmental regulations that would prohibit the Intended Use or (v) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows: , (Insert "None" or the identification of such assessments, if any). Selier shall pay all owners' association assessments and all governmental assessments, if any, unless otherwise agreed as follows_. Seller represents that the regular owners' association dues, if any, are $ NIA per NIA. (b) Compliance: To the best of Seller's knowledge and belief, (1) Seller has compiled with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (H) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the property is bound; and (ill) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Selier is not aware of any facts which might result in any such action, suit or other proceeding.' Section 15. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement. Without limiting the generality of the foregoing sentence, Seller hereby agrees to take whatever action is necessary to order cessation and disconnection of utilities or other services that are listed in Seller's name or require Seller's authorization for such cessation and disconnection. Section 16. Applicable Law: This Agreement shall he construed under the laws of the North Carolina. Section 17. Tax -Deferred Exchange: In the event Buyer or Seller desires to effect a tax -deferred exchange 'in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in affecting such exchange; provided, however, that the exchanging party shall be responsible for at[ additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax - deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging party, as shall be required to give effect to this provision. Section 18. Assignment: Buyer may assign this Agreement upon written notice to Seller. (Pago 5 of 9) Buyer Initials -lljil Seller Initials Section 19. Authority: Each signatory to this Agreement represents and warrants that he or silo has full authority to sign this Agreement and such Instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Any signature on a copy of this Agreement sent electronically or by facsimile shall be binding upon transmission and the electronic or facsimile copy may be utilized for the purpose of this Agreement. Section 20. Access to Public Roads, Reciprocal Easement Agreement: Seller agrees that it will execute a shared access easement at Closing that substantially conforms to Buyer's standard Reciprocal Easement Agreement form and Buyer's standard Restrictive Covenants Agreement form (described further below) if Seller owns property that is currently served by a shared access easement that encumbers the Property or if a governmental agency requires Buyer to establish a shared access easement beneFllting Setles property and encumbering the Property. Section 21. Restrictions: If the Property is a portion of. a larger parcel owned by Seller or if Seller owns parcel(s) adjacent to the Property then Buyer and Seller agree to enter into an agreement that substantially conforms to Buyer's standard Restrictive Covenants Agreomenl form at Closing. If the parcel(s) shares an access -way with the adjacent property, then Buyer and Seller agree to enter into a Restrictive Easement Agreement as provided above in Section 20 at Closing, Section 22. Permits: Seller agrees to sign and/or execute all documents pertaining to the acquisition of plans approval and permits from government agencies including, but not limited to, ❑EQ, NCDOT, and municipal agencies. Seller expressly agrees to allow Buyer to apply for zoning amendments, plans approval, easements, and permits prior to Closing. THIS DOCUMENT IS A LEGAL. DOCUMENT. EXECUTION OF THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT COULD BE ENFORCEABLE IN A COURT OF LAW. IF YOU DO NOT FEEL THIS DOCUMENT MEETS YOUR NEEDS, YOU MAY WISH TO CONSULT YOUR ATTORNEY, BUYER: PAR 5 DEVELO tT RO P, LLC By: Name: Ri rd Vincent President Date: 8/15/2017 SELLER: HT OF OCEAN ISLE BEACH LLC By:f . 1�r� `�—,- (SEAL) Name: �ttr" +i.tf Title Date: c; - 1 � t `-? The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money In accordance with the terns hereof. INVESTORS TITLE INSURANCE COMPANY Date: 10 / 3 / 2 017 By: Auyer luilials _��� Seller 3�iriul5 (Page 6 of 9) EXHIBIT "A" [To be attached after final survey.] (Pago 7 of 9) Buytr Initials Seller lviiials "Exhibit B"ESCROW ADDENDUM This Escrow Addendum dated (the "Addendum") is hereby made a purt of that certain Purchase and Sale Agreement dated by and between IIT OF OCEAN ISLE 13EACII LLC as Seller, and PAR 5 DEV`ELQPMT.1NT GROUP LLC as Purchaser (the "Salts Contract") and INVESTORS TITLE INSURANCE COMPANY, a North Carolina corporation, Attn: Commercial Escrow Services (`Escrow Agent") has executed this Addendum for the sole purpose of consenting to.the terms of this Addendum. Capitalized terms utilized herein and not othu vise defined shall have the meaning set forth in the Sales " Contract. Seller and Purchaser have agreed and are desirous and willing that the closing of the transaction contemplated by the Sales Contract take place in accordance with (lie terms and provisions of this Addendum. NOW, THEREFORE, in furtherance of the transaction contcrnplated hereby and for and in consideration of TWO HUNDRED AND Vf.FTY AND ZER0/100 DOLLARS ($250.00) cash paid in hand to Escrow Agent, which escrow fee shall be waived if Escrow Agent also insures title to the Property and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Seller and Purchaser hereby appoint Investors Title Insurance Company as the "Escrow Agent" under this Addendum to hold earnest money (the "Escrow Funds") in the amount of S5,000, and Escrow Agent accepts appointment and agrees to act in accordance with the tears of this Addendum and the Sales Contract. It is hereby expressly agreed that in the event a conflict should arise as between the terms of this Addendum and those of the Sales Contract, the terms of this Addendum shall control. Sellcr and Purchaser agree (a) that Escrow Agent shall be a stakeholder only and not liable for any losses, costs or damages it may incur iru performing its responsibilities hereunder unless such losses, costs or damages shall arise out of the willful default or gross negligence of Escrow Agent or its agents, (b) that no releases or disbuisements shall be made hereunder except upon consistent written instnictions from both ,Seller and Purchaser or their successors or assigns; (c) that in the event of a dispute hereuoder between Seller and Purchaser (or their successors or assigns), Escrow Agent shall have the right, exercisable in its sole discretion, to be discharged by tendering unto the registry or custody of any court of competent jurisdiction, the closing documents and the Escrow Funds, together with any such legal pleadings as it deems appropriate; and (d) that in the event Escrow Agent tenders the funds to the court in an interpleader action, Escrow Agent shall have the right to charge an additional administrative fee of five hundred and no1100 dollars ($500.00) towards its costs. A total nf. $750.00, representing the base Escrow Agent fee and the additional administrative fee under this agreement, may be withheld from the Escrow Funds tendered to the court. Purchaser and Seller shall indemnify and hold lnanuiless Escrow Agent for all of its expenses, costs and reasonable attorneys fees incurred in connection with said interpleader action that exceed $500.00, 2. Upon receipt of consistent written instructions from both Seller and Purchaser, or their respective counsel, then Escrow Agent shall disburse the funds held in escrow in accordance with the written instructions signed by both Purchaser and Seller, or their respective counsel. Said written instructions may not beunrcasonably withheld and may be given in duplicate counterparts and by facsimile. Escrow Agent requests delivery of such instructions at least 24 hours before disbursement is needed. Escrow Agent shall have the tight to deduct.F,scrow Agent's unpaid fee and any costs Escrow Agent has incurred for overnight delivery charges or wire transfer fees from the funds held prior to disbursement. 3. All checks, money orders, wires or drafts sent to Escrow Agent under this Agreement will be processed for collection in the nonnal course of business. Escrow Agent will not commingle funds received by it in escrow with funds of others and shall invest such funds in a money market account with a federally insured Barak or in a money market fund rated AAA by at lcast one nationally -recognized rating firm. If invested in a money market fund, Escrow Agent shall enter into a Custody Agreement with Investors Trust Company to handle such investment, which Custody Agreement may be reviewed by any party hereto upon request. Investors Trust Company will not charge an additional fee for its custodial services. Escrow . Agent shall not be liable for any loss caused by the failure, suspension, bankruptcy or dissolution of any such investment vehicle or find. r (Page S of 9) Buyer Initials Setter Iniilals 1 !. 4. Escrow Agent shall not be liable for any loss or damage resulting from the following: (a) any default, error, action or omission of any other party; (b) the expiration of any time limit unless such time limit was known to Escrow Agent and such loss is solely caused by failure of Escrow Agent to proceed in its ordinary course of business; (c) any loss or impairment of funds while invested in a money market fund that was AAA -rated at the. time of the investment or art deposit with a federally insured Bunk, resulting from failure, insolvency or suspension of such bank or fiord; (d) Escrow Agent cortiplying with any and all legal process, writs, orders, judgments and decrees of any court whether issued with or without jurisdiction and whether or not subsequently vacated, modified, set aside or reversed. S. Escrow Agent shall be entitled to rely upon the instructions and other matters covered thereby, and shall not be required to investigate the authority of the person executing and delivering such instructions, or otherwise verify the accuracy of the statements of information presented therein. 6. The terms and provisions of this Addendum are for the benefit of Seller, Purchaser and Escrow Agent and their respective successors and assigns only. Nothing contained herein shall be deemed or construed to inure to the benefit of any other person or party, it being the express intent of Seller, Purchaser and Escrow Agent that no such person or party shall be entitled to any of the benefits hereof, except as herein expressly provided_ 7. Time is of the essence of this Addendum. This Addendum may be executed by facsimile signatures, which for all purposes shall be deemed to constitute originals. This Addendum may be executed in counterparts, all of which when taken together shall be deemed one original. S. Pursuant to 26 CFR. § 1.4681I-7, any interest earned on the funds held in escrow shall accrue to the benefit of Purchaser, whose tax identification number is 90-0977013, and said beneficiary autho6zes Escrow Agent to sign any necessary signature cards on its behalf. IN WIDNESS WHEREOF, the parties hereto have executed this Addendum as of the day, month and year first above written. SEL,L,FR: Name: Title: Tax I.D. No.. PURCIIASt By, Nana i incent Title: resident Tax I.1). No.: 26-2646397 ESCROW AGENT: Investors Title Insurance Company, a North Carolina corporation By Name: ,�t.-�� Title: Frank E. Torton, Ill Vnderwrltlnd and Es Crow Counsel—Natlonal Markets Imektan Title Insurance Company (Pap 9 of 9) 13uycr Initials f K Seller ltuti2l5A Ile 0 lit I SUIV,ti•F,'T' ROUUVARD SUNSET PEACIH, ivc DUI. DTLIGENCGRI.QUEST AND AGREEMENT Resort (Sec Guidelines for completing this form (Standard form # 310G)) Brokerage NOTE: The parties may also rise the Agreement to Amend Contract (form 4=T) to niemorializc any change to the Contract, including but not limited to, an.adjustrnettt to the Purchase Price and/or Seller payment or Buyer's expenses in lice of or in addition to any agreement regarding any due diligence request from Buyer. Par 5 Development Group, LLC, as Buyer, and 11T of Ocean Isle Beach, LLC, as Seller,• have entered into an Offer to Purchase and Contract ("Contrac(") regarding the purchase and sale of the following property (insert propertyaddress): ("Property"). I. Based upoo ]iuyer's I)ue IJiligeoce, the Buyer requests and the Seller agrees to the following: Both buyer and seller will cooperate with documents needed for the seller to complete a 1031 Exchange when selliriq the property. In the event the parties have agreed to any adjustment in the condition of the Property, then such adjustment shall be completed prior to Settlement in a good and ivorknianlike mnmter, Seller shall notify Buyer upon completion of the above and provide Buyer with documentation thereof. Buyer shall have the right to verify that the items above have been completed in a goad and work -wartlike manner. Unless othenvisc indicated in the Contract or this Agreement, such vorification shall be a1 Buyer's expense. NOTE: Unless otherwise agreed, Buyer retains the right to conduct Dne Diligence during the period agreed to in Paragraph I G}, Due biligence Period, of Cho Offer to Purchase and Contract. Buyer is advised to consult with Buyer's lender regarding this Agreement and/or any Agreement to Amend Contract prior to the expiration of the Due Diligence Period. 2. Release of Inspcetiun Repnris: l3tiyer U dons ❑ does not agree to release airy inspection reports to Seiler. 3. flgreernent: 'Phis agreement shall become efrective on the date it has been signed by butte parties. All changes, additions or deletions hereto tents( be in kwiiing and signed by n1I patties. THE NORTH CAROLINA ASSOCIATION OF RIt'AL'1'ORS(], 1NC:. MAKI�-S NO REPRLSBN'TATION AS TO T1 l'i L13GAL VALIDITY OR ADEQUACY OFANY PROVISION OF"I'IIIS FM -MIN ANY SPECIFIC TRANSAC'T10N. Buyer: Date Seller: r� `�! ' �"'�' 1 Date{` Pax' 5 Development Group, LLC, HT of Oaeah Isle Heath, LLC. Buyer: Date Seller: Date Btllity Buyer: 13wity Seller: (Name of LLC/Corporation/Partncrsltiph'nlsUctc.) (Nance of I,LC/Corporatioii/P irtnersliiplT'tust/eta) 13y: By: Name: Name: Title: 'Title: Date: Date: Page 1 of 1 STANDARD rORM 310-I' 113 North Carolina Association of REALTORSOO, Inc. — Revised 7/2016 recu erases nr/aroav WHaloury Q 7/20I7 Resort Brokerage- Wihningroo, 2905 N4ark4;t S1, WilmingionNC 28453 Phoiw 910-512-6699 Fax: 910-728-4366 iAAaTLR CHFEK I lazy Elia _ 2 Acres Produced uilh 71pFarnn by 7;pLodx IEO7p Flr[een I.iie Road, Eraser, Alah'gan 4802s vmwsld.onu rnrr • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form Limited Liability Company Legal Name HT of Ocean Isle Beach, LLC Information Sosld: 1147136 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 5/4/2010 Fiscal Month: December Registered Agent: Hewett, Mack L. Addresses Principal Office 1421 Dividend Loop Myrtle Beach, SC 29577 Reg Mailing 632 Village Rd SW Ste 1 Shallotte, NC 28470 Company Officials Mailing 4305 Mayfair St Myrtle Beach, SC 29577 Reg Office . 632 Village Rd SW Ste 1 Shallotte, NC 28470 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member Member Tal Banay Yhehzkie Elia 1064 Cole Ct 779 Commerce PI t Myrtle Beach SC 29577 Myrtle Beach SC 29577 ri) ; AUG 14 201 is LIMITED LIABILITY COMPANY ANNUAL REP NAME OF LIMITED LIABILITY COMPANY: HT of Ocean Isle Beach, LLC SECRETARY OF STATE ID NUMBER: 1147136 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2017 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Mack L. Hewett 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 632 Village Road, Suite 1 Shallotte, NC 28470 Brunswick SECTION 8: PRINCIPAL. OFFICE INFORMATION SOSTD: 1.1.47136 Date Filed: 4/17/2017 11:59:00 PM Elaine F. Marshall North Carolina Secretary of State CA2017 107 09989 Filing Once Use Only Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 632 Villaqe Road. Suite 1 Shallotte. NC 28470 Brunswick 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Rental 2. PRINCIPAL OFFICE PHONE NUMBER: (1343) 626-6562 3. PRINCIPAL OFFICE EMAI� Privacy Redaction I� I� 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5- PRINCIPAL OFFICE MAILING ADDRESS 1421 Dividend Loo Myrtle Beach, SC 29577 H 4305 Mayfair Street Myrtle Beach, SC 29577 Horry SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: Tal Banay TITLE: Member - ADDRESS: 1064 Cale Court NAME: Yhehzkie Elia TITLE: Member ADDRESS: 779 Commerce St Myrtle Beach, SC 29577 Horry Myrtle Beach, SC 29577 Hor NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL EP Section D must be completed in its entirety by a personlbusiness entity. 1~r J SIGN DATE Form must be signed by a Company Official listed Under Section C of this form. Print or Type Name of Corw#y Official Print or Type The Title of the Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 • r MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 2762M525 r C201228200282 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT SOS1D. 1147136 Date Filed: 10/17/2012 4:59:00 Pit? Elaine F. Marshall North Carolina Secretary of State C201.228200282 Pursuant to §55D-3I of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of changing its registered office and/or registered agent in the State of North Carolina. INFORMATION CURRENTLY ON FILE The name of the entity is: HT OF OCEAN ISLE BEACH, LLC Entity Type: [3Corporation, []Foreign Corporation, []Nonprofit Corporation, []Foreign Nonprofit Corporation, OLimited Liability Company, [Foreign Limited Liability Company []Limited Partnership, []Foreign Limited Partnership, ❑Limited Liability Partnership, []Foreign Limited Liability Partnership The street address and county of the entity's registered office currently on tale is: Number and Street: 1295 Hwy 210 City, State, Zip Code: Sneads Ferry, NC 28460 County: OnslOw The mailing address ifdifferent from the street address of the registered office currently on file is: The name of the current registered agent is: Robin Winkelspecht T NEW INFORMATION I. The street address and county of the new registered office of the entity is: (complete this item only if the address of the registered office is being changed) Number and Street: 632 Village naad, Suite 1 City, State, Zip Cade: Shallotte, NC 28470 County.. Brunswick 2. The mailing address ]different from the street address of the new registered office is: (complete this item only if the address of the registered office is being changed) 3. The name of the new registered agent and the new agent's consent to appointment appears below: (complete this item only if the name of the registered agent is being changed) Mack L. HeW Eeq. Type or Print Name of New Agent Signature Title 4. The address of the entity's registered office and the address of the business office of its registered agent, as changed, will be identical. S. This statement will be effective upon filing, unless a date and/or time is specified: This is the J) day of September 12012 HT OF OCEAN 1SLE BEACH, LLC & �Errtily� Signature Hyehzkel Elia, Manager 7) pe or Print Name and Title Notes: Filing fee is SS.OD. This document roast be Ifkd with the Stcretw y of State. * Instead of stgning here, the new registered agtnt may sign a separate written consent Rothe appointment, which must be attached to this statement. CORPORATIONS DIVISION P. O, BOX 29622 RALEIGH, NC 27626-0622 Revised January 2002 Form BE-06 C201012400189 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSTD: 1147136 Date Filed: 5/4/2010 4.18:00 PM Elaine F. MarshalI North Carolina Secretary of State C201012400189 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 dame of the limited liability company is: HT of ocean Isle Beach, 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 specked, there shall be no limit on the duration ofthe 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 bosh. Note: ?iris document must be signed by all persons listed here). Frank H. DuRant, DuRant & Martin, PO Box 960, Myrtle Beach, SC 29578, Organizer 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 1295 Hwy 210 City, State, Zip Code Sneads Ferry, NC County Onslow 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: Robin winkelspecht 7. Principal office information: (Select either a or b) a. ❑ The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street_ City, State, Zip Code County. The mailing address, if different from the street address, of the principal office of the corporation is: b. Q The limited liability company does not have a principal office. C201012400189 8. Check one of the following: ✓ (i) Member-managedLW. all members by virtue of their status as members shall be managers of this limited liability company. (ii) Manager-managedLW. 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. 9. Any other provisions which the limited liability company elects to include are attached. 10, These articles will be effective upon filing, unless a date and/or time is specified: This is the 1st day of May _, 202010 Signs e Frank H. DuRant, Organizer Type or Print Name and Title NOTES: 1. filing fee is S125. This document must he filed with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Farm L-01) Instructions for Filing I This Certihes trial [Here are no delinquent ad valorem taxes, fees, assessments or other (lens which the Brunswick County Tax Coltector Is charged with collecting, that are a lien on: Parcel Number 25In �d as rotated by the Brunswick County Assessor's office. This Is not a certification that the parcel number matches the deed description. pia t) Tax I. / Del. Tax Spec. �"j'��' oa '� 09-25 2012 Illlll11111111l1Jill1111111111111111r B b1d6a eeds aseO'nof54PROP Brunsw Brenda M. Clemons Register of Deeds 0g-25-2012 11:32:51.002 Bruns-ick County, NC NC REVENUE STAMP: $1450.00 (4317579) Presenter MWHe�nl— Total Revl Int CkCk#Cash Refund. Cash France Q Portions of doc;meni are itegiue duo m cond= of orgiral. p tk'cement contains seals verified by orginal insl:unont alai cannot be reproduced or wpVed. NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: 51450.00 'Fax Lot N'c Verified by by Parcel Identifier No. 256BA026 County on the day oC 20 Mail after recording to: Grantee This instrument was prepared hy: McGuire%(ods LLP, 300 North Third Street, Suite 400, Wilmington, North Carolina 28401 Brief Description for the Index 5.819 acres Station Trail and Sunset Boulevard THIS DEED made this day of September, 2012, by and between GRANTOR ATLAS NC II SPE, LLC a North Carolina limited liability company 200 W. 2nd Street Winston-Salem, North Carolina 27101 GRANTEE, 11'I. OF OCEAN ISLE BEACH, LLC a North Carolina limited liability company 1421 Dividend Loop Road Myrtle Beach, South Carolina 29577 Enter in appropriate black for each party: name, address, and, if appropriate, character of entity, e.g, corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSF,TH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACHED IIERETO AND INCORPORATED HEREIN BY REt•F,RENCN:: AUG 14 2Djo I II III I I I I II I C I II II II I I III I III Brend P00 j m ,ors-5° P Brunswick County, NC Register of Deeds page 2 of 4 The property hereinabove described was acquired by Grantor by instrument recorded in Rook 3200, Page 566 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. TO HAVE: AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fec simple. AND the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims ofall persons claiming by, under or through Grantor, except for the exceptions hereinafler stated. Title to the property hereinabove described is specifically conveyed subject to the following exceptions: (a) the lien of ad valorem real property taxes and assessments for the currem year and for subsequent years; (b) all easements, covenants, conditions, restrictions, and other agreements of record encumbering the pro" hereby conveyed and created or conveyed by Grantor, (c) all matters which would be disclosed by a current, accurate on the ground survey; of the property hereby conveyed; and (d) zoning, land use and building laws, regulations and ordinances affecting the property hereby conveyed. The property hereinabove described is conveyed on an "AS IS, WI IFRE IS" condition and basis, and Grantor has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning or with respect to: (a) the value, nature, quality or condition of the property hereinabove described, (b) the suitability ofthepropertyhereinabovedescribed for any activities and uses, (c) the habitability, merchantability, marketability, profitability Or fitness for a particular purpose of the property hereinabove described, or (d) any other matter with respect to the Property except as to warranties of title asset forth herein. Grantee hereby accepts the condition of the property hereinabove described AS IS, WHERE IS, with all faults. ISIGNATUREAND ACKNOWLEDGEMENTTOAPPEAR ON FOLLOWING PAGES V41768940.1 IIIIIIIII II�II IIIIII 11IIIIIIIIIlI Brend Pay l 0r`5:5°PLOP Brunswick County, NC Register of 0eeds page 3 of 4 IN WITNESS WHEREOF, [he Grantor has caused this instrument to be signed in its company name by its duly authorized officer, the day and year first above written. ATLAS NC 11 SPE, LLC, a North Carolina allimited liabilitycompany hC By: � en Name: Don Beam, Jr. Title: Vice President SEAL -STAMP NORTH CAROLINA, COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Don Beam, .Ir., Vice President (Print name of individual executing document). Dale: September j,3_, 2012 �/— Notary Public [Official 'cal] DEE DEiE V GRIFFIN Print Namc: �qs 1't�ij- Y+iCr i_ Notary Public Fomyth Co., North Carolina Mycommissionexpires: jn_)J5il—l_ M Commission Expires June 25. 2017 The foregoing islare certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By: A 176tl440.1 Deputy/Assistant - Register of Deeds I IIIIIII III I I I II II I IIIIIIII Brenda M. Cl m° G�5 5°,PRO Brunswick County, NC Register of Deeds page 4 of 4 FXHIBIT "A" Beginning at a rebar found at the intersection of the south margin of Station Trail and the east margin of Sunset Boulevard (N.C. Highway 179) said rebar having North Carolina State Grid coordinates of North. 50,409.31, East. 2,148,519.73 NAD83; thence with the south margin of Station Trail N 71'55' 3 1 " E 314.07 feet loan iron pipe found, said iron being the northwest corner of Property Owners Association, Inc. as recorded in DB 691 Pg 370 Brunswick County Registry; thence with the west line of Property Owners Association, Inc. S 16" 28' 57" E 330.41 feet to an iron pipe found in the north line of Lot 153 Shoreline Woods recorded in Map Cabinet J Page 191 Brunswick County Registry; thence with the north line of Lot 153 Shoreline Woods S 71" 56' 43" W 159.29 feet to a point; thence skirting Long Creek Pond the following six (6) courses: 1) S 66" 50' 05" W 44.78 to a point; 2) S 14" 43' 20" E 79.57 feet to a point; 3) S 31" 52' 02" E 134.82 feet; 4) S 44" 39' 10" E 192.28 feet; 5) S 56" 51' 56" E 37,82 feet; and 6) S 77' 50' 1 l" E 9399 feet to an iron pipe found in the north margin of Shore Line Drive; thence with the north margin of Shore Line Drive the following four (4) courses: 1) S 75' 00' 17" W 100.88 feet to a NCDOT Disk found; 2) along a curve to the right having a length of 378.33 feet, a radius of 1402.39 feet a chord bearing of S 82' 49' 54" W and a chord length of 377.18 feet to a point; 3) N 88" 49' 19" W 36.03 feet to a NCDOT disk found, 4) N 39" 41' 45" W, crossing a NCDOT disk at 26.63 feet, 49.71 feet to a NCDOT disk found in the east margin of Sunset Boulevard (N.C. Highway 179); thence with the east margin of Sunset Boulevard (N.C. Highway 179) the following four (4) courses: I ) N 04" 56' 45" W 90.23 feet to a point; 2) N ON 23' 40" E 350.08 feet to a NCDOT disk found; 3) N 88" 37' 36" W 17,05 feet to a point; and 4) N 01" 22' 15" E 249.06 feet to the point and place of Beginning, containing 5.819 acres. Subject to those easements granted to the Department of Transportation as set forth in the Deed of Easement recorded in Deed Book 2559 Page 994 in the office of the Register of Deeds for Brunswick County, North Carolina. Subject also to an casement reserved by the Grantor in that certain deed to Sunset Station, LLC, recorded in Book 2648 at Page 670 of the Brunswick County Registry. r r'4 MEMORY TRANSMISSION REPORT FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 831 08.30 11:31 a 919109440882 10 08.30 11:31 08.30 11:33 10 OK TIME :08-30-2018 11:33 FAX NO.1 :9103502004 NAME :Mainfax State of North Carolina Departineut of nvi>ron mental QualAy Wilminoton Regional Office Roy Cooper, Gpovernor 1\41 iael Reagan; Secretary FAX C'OVER SHEET , Date: G 0 sU 11� TO: -') Ud V L 2 11,�VIAa Vl , J FAX #: ��o 0gL_� Q No. Of Pages: D From:� l t�iI/1° �l1 N C.D Q FAX#: 9.10-3,50-2004 i~ grvI t { Ut. tJ�, teS,� n 127 Cardinal Drive [extension, Wilmington: N.C. 28405-3845 Telephone (930) 796-7/23 5 Fax (910) 350-2004 An Equal Opportunity Affirmative Action fonploper NOB'T'A S & TUNSLL CONSULTING ENGINEERS P.C. J. Phillip Norris, P.E. John S. Tunstall, P.E. T. Jason Clark, P.E. Joseph S. Hill, Jr., P.E. Thomas J. Scheetz, E.I. 902 Market Street • Wilmington, NC 28401A733 . Phone (910) 343-9653 + Fax (910) 343-9604 1429 Ash Little River Road NW • Ash, NC 28420-1715 • Phone (910) 287-5900 • Fax (910) 287-5902 LETTER OF TRANSMITTAL Ms. Christine Hall --]To: Date: August 29, 2018 Job No. 17068 NCDEQ — Stormwater Program subject: Dollar General — Sunset Beach 127 Cardinal Drive Ext. Coastal Outfitters SW Modification Wilmington, NC 28405 WE ARE SENDING YOU VIA Delivery ❑ ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ CERTIFICATION ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL . Call 910-343-9653 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 2 08-21-18 C2 n = erb tr tan r T n BY: 09-'AS REQUESTED ❑ FOR YOUR USE REMARKS: CC ❑ FOR REVIEW AND COMMENT ❑ FOR BIDS DUE ❑ FOR APPROVAL ❑ YOUR PRINTS LOANED TO US f SIGNED J. Phillip Norris P.E. 1 ttw CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error, please immediately notify the sender and return to the address above. Hall, Christine From: Phil Norris <pnorris@ntengineers.com> Sent: Wednesday, August 29, 2018 11:55 AM To: Hall, Christine Cc: Jody@par5development.com; John@par5development.com Subject: Re: [External) Fwd: Dollar General - Sunset Beach - Coastal Outfitters SW Modification (NT# 17068) The copies were hand delivered to your office at 11:30 this morning . Please let us know if you need anything else ! Phil Sent from my iPhone On Aug 28, 2018, at 8:51 AM, Hall, Christine <Christine.Hall@ncdenr.gov> wrote: I haven't received a response to my email or seen two more copies of C2 be submitted. Can you confirm that it would be possible for you to submit two more copies of C2? Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hallna ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 <image004.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hall, Christine Sent: Wednesday, August 22, 2018 12:55 PM To: 'Phil Norris' <pnorris@ntengineers,com> Cc: Jody@par5development.com; iohn@gar5develogment.cam Subject: RE: [External] Fwd: Dollar General - Sunset Beach - Coastal Outfitters SW Modification (NT# 17068) Thank you. Would it be possible to get two more copies of C2? I needed 4 copies — 2 for each file: SW8 060406 to show the revised overflow and the easement and SW8 180805 to show the site and grading plan for this proposed outparcel. Christine Hall Environmental Engineer Hall, Christine From: Hall, Christine Sent: Wednesday, August 22, 2018 12:55 PM To: 'Phil Norris' Cc: jody@ par5development.com; John@ par5development.com Subject: RE: [External] Fwd: Dollar General - Sunset Beach - Coastal Outfitters SW Modification (NT4 17068) Thank you. Would it be possible to get two more copies of C2? I needed 4 copies — 2 for each file: SW8 060406 to show the revised overflow and the easement and SW8 180805 to show the site and grading plan for this proposed outparcel. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 r; Nothing Compares.-,,-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Phil Norris[mailto:pnorris@ntengineers.com] Sent: Wednesday, August 22, 2018 12:49 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: jody@par5development.com; john@par5development.com Subject: [External] Fwd: Dollar General - Sunset Beach - Coastal Outfitters SW Modification (NT4 17068) Christine , Here is authorization from owner to add the vegetated buffer to the O&M Form . Please let us know if you need any other information . Thank you t Phil Sent from my iPhone Begin forwarded message: From: Yvette Caufield <cherrylake1421@live.com> Date: August 22, 2018 at 12:33:01 PM EDT 902 Market Sueet ' dr-nington, NC 28401 (910) 343-9653 (910) 343-9604 Fax John S. Tuostall, P.E. T. Jason Clark, P.E. August 20, 2018 NORRIS & TUNSTALL CONSULTING ENGINEERS P.C.- R 1429 Ash -Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Noz-ris, P.E. Ms. Christine Hall NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Request for Additional Information Response Coastal Outfitters, Stormwater Project SW 8060406 Express Review N&T Project No. 17068 Dear Ms. Hall We have received your comment letter of August 20, 2018 regarding the subject project and are responding as follows: 1. The blind swale has been reconfigured to allow for a 50-foot vegetated buffer from its overflow elevation to the natural drainage feature. 2. An access and drainage easement has been shown on the plans over the required 50- foot vegetated filter strip and overflow area. It will be recorded as part of the plat upon closing. 3. The invert elevation of the proposed 15" RCP has been shown on the plans as elevation 10.11 feet. 4. The O&M Agreement has been modified to indicate the vegetated filter strip. 5. We agree that the comments are minor in nature and appreciate your waiving additional fees. We have enclosed two (2) sets of revised plans and the revised O&M for your continued review and approval. Please let us know if you need additional information. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, C. , 4J.Pip is, E.17068 08-20-18 -s-sw mod. response Itr (c 08-20 C. Half) ures Yehezkel Elia 1 HT of Ocean Isle Beach, LLC Jody Bland & John Parker /Par 5 Development Group, LL NCBELS License C-3641 Energy. Mineral & Land Resources ENVIRONMENTAL DUALITY August 20, 2018 I-I'f or Ocean Isle Beach, LI.,C, property owner Attn: Ychezkel Ella, %Manager 4305 Nlayfair Street Myrtle Beach, SC 29577 ROY COOPER col'crnor- MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR, Interim Director Par 5 Development Group; LLC, purchaser Rudy L. Pittman, - Managing -Member 2075 Juniper Lake ]toad West M-Ind, NC 27376 Subject: Request For Additional Information Coastal 0uttitters, Stormwater Project No. SW8 060406 Dollar General — Sunset Beach, Slorinwater Project No. S«'8 180805 Brunswick County Dcar Mr. Ilia and tIMr. Pittman: 'fhc Wilmington Regional Office received and accepted Express State Stormwater klanagement Permit Applications for the subject projects on August 14, 2018. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. 'I'o continue the review; please provide the following additional information: 1. 15A .INCAC 021-1.1005(2)(b)(1 1 1 ), .1008(c)(4), and .1008(f) effective September 1. 1995 and �de� Section 1.2 of the permit: `fhc purpose of tite infiltration discharge point located on the parcel proposed to be subdivided and sold to Par 5 Development, IJ.,C is to provide a blind swale serving the required 50-foot vegetative filter prior to discharge to the natural drainage feature. '['his is shown on Sheet C-1 of the plan set approved on 1 1/15/13. `I'hc revised site plan submitted as part of the Dollar General plan set reshapes this discharge point such that the 50' vegetated filter is no longer provided. Please evaluate the site plan and demonstrate that an appropriately sized 50-foot vegetated filter strip will be provided. f 2. 15A NCAC 021-L 1042(2)(g)(vi) and .1042(2)(1) effective January 1, 2017- Please place the obo` oOo required 50' vegetated filter strip and any overflow outfalls located on the parcel proposed to be subdivided and sold to par 5 Development, LL in a recorded access and drainage easement granted to FIT of Ocean Isle Beach, IJ,C for the purposes of accessing and operating and maintaining the devices. n15A NCAC 021-1.1042(2)(g)(vii) effective January 1, 2017: On sheet C2 of the Dollar General plan set, please identify the invert elevation for the proposed 15" RCP connection to the existing drop inlet. An email dated 8/15/18 from Phil Norris with -Norris &'I'unstall Consulting 1-Ingineers indicated this invert is intended to be set at 10. 11 ft. 4. 15A NCAC 021-1.1042(2)0) effective January 1, 2017: The operation and maintenance agreement �0°0i,z provided for the infiltration system permitted under SW8 060406 does not include the vegetated filter strip. Please provide a signed and notarized operation and maintenance agreement for this feature. 5. Due to the relatively rninor nature of these comments, the express additional information review fee has been waived. Please remember to confine that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative; and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 021-I.1042(2). State of North Carolina I Environmental Quality' I Encrgy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I "iitnington, NC 28405 a10 796 7215 State Stormwater Permit No. SW8 0604061 SW8 180805 Page 2 of 2 The requested information should be received in this Office prior to August 28, 2018, or the application will be returned as incomplete. If the project is returned and you \vish to rc-submit to the Express Program, you will need to reschedule the project through the Express Coordinator for the next available review date and will need to resubmit all required items at that time, including the application fee. If additional time is needed to submit the requested information, please entail your extension request, prior to the original due date, to the Division at the email address provided below. The extension request must include a justification and a date of when the requested information will be submitted to the Division, which shall be no later than 5 business days past the original due date. Please remember that extension requests delay the issuance of the final permit. The construction of any impervious surfaces; other than a construction entrance under an approved Sedimentation Erosion Control flan, is a violation ofNCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please label all packages and cover letters as "E3xpress" and reference the State assigned project number on all correspondence. If you have any gticst.ions concerning this matter; please feel free to call me at (910) 796-7215 or email me at christinc.hail a ncdcnr.gov. Sincerely. &T&,! cie qr& C\\ Christine Hall Environmental Engineer GDSlcanh: 111StormwaterlPerm1ts & Projccts120061060406 1-11712018 08 addinfo 060406 111Stormwa1crlPermits & Projects12018\180805 OfTsite12018 08 addinfo 180805 cc: J. Phillip Norris, PE; Norris & Tunstall Consulting Engineers; via entail ]Wilmington Regional Office Stormwater Pile State. of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405 910 7% 7215 Hall, Christine From: Hall, Christine Sent: Monday, August 20, !,2018 1:26 PM To: Phil Norris (pnorris@ntengineers.com); 'hazyelia@gmail.com'; 'iee@par5develop ne .corn' Cc: Weaver, Cameron;''rajbuilders@aol-com'; 'richardv@par5development.com 'Jody@par5development.com'; 'cherri@cheekteam.com' Subject: request for additional info - Coastal Outfitters / Dollar General - Sunset Beach (SW8 060406 / 180805) Attachments: 2018 08 addinfo 060406 180805.pdf All, Attached is a pd€ of the request for additional information for the subject projects. Please let me know if you have any questions or concerns. Please also remember to label any packages submitted with "EXPRESS". Thanks! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources - State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 , -, Nothing Compares.. -,mow Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Hall, Christine From: Phil Norris <pnorris@ntengineers.com> Sent: Wednesday, August 15, 2018 11:21 AM To: Hall, Christine Cc: Jody Bland; John Parker Subject: [External] Dollar General - Sunset Beach (NT#17068) Attachments: 17068 08-15-18 Revised SW Narrative - Coastal Outfitters (for submittal).pdf Christine, As was discussed in our meeting yesterday morning, please find attached the revised narrative that makes mention of the elimination of Trench #2. Also, we have confirmed that the invert of the proposed 15 inch RCP where it connects into the existing drop inlet is elevation 10.11 feet. Please let us know if you need any further information. Phil J. Phillip Norris, P.E. NQRRIS & TUNSTALL - - CONSULXING ENGINEERS I,C.---- 1429 Ash -Little River Road Ash, NC 28420 910-287-5900 (phone) 910-287-5902 (fax) pnorris@ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving -the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the useability or readablility of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. NORRIS & TUNSTALL --- CONSULTING ENGINEERS P.C. 902 ldarket Street Wilmington, INC 28401 (910) 343-9653 (910) 343-9604 Fax John S. Tunstall, T. Jason Clark, August 14, 2018 1429 Ash-Littic 12iver Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Norris, P.E. NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Express Review Submittal Off -Site System Dollar General — Sunset Beach — NC 179 and Station Trail Sunset Beach, NC N&T Project No. 17068 Dear Reviewer, Attached are two (2) sets of plans for the above referenced project, one (1) copy of the Stormwater System and Erosion Control Narrative, one (1) USGS map, one (1) copy of the Deed, one (1) copy of the Articles of Organization, one (1) copy of the Agreement for Purchase and Sale, the original and one (1) copy of the State Stormwater Permit application, the original and one (1) copy of the Off -Site Supplement, the original and one (1) copy of the Operation and Maintenance Agreement, and the $2,000.00 check for the express permit review fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. J. Phi ip orris, P. JP 08-14-18 -s-sw express-Itr (off -site 5W8060406) Enclosures cc: Jody Bland/Par 5 Development Group, LLC John Parker/Par 5 Development Group, LLC BY: NCBELS License C-3641 SIGN UPSHEET SCOPING MEETING Coastal Outfitters Brunswick Count` August 14, 2018 Name Agency Phone Email Cameron Weaver Dl3Q-DEACS 910-796-7265 Camcron.WeaverCincdclir. ov Rhonda Hall D:MLR-.LQ 910-796-7312 Rhonda.Hall@ncdcnr.a=off, Christine Hall DFMLR-SW 910-796-7335 Christine.Hall@ncdenr.gov '_ e/ 6?� `/r4 , f w�, -a. - cd Uo,7 U2 Pt� S I' fl' ardv( co-7 l Aim o,i.l vp NCDEQ WILMINGTON R GIONAL OFFICE- 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004