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HomeMy WebLinkAbout20120602 Ver 1_CAMA Permit Application_20120619June 18 2012 MEMORANDUM - EXPRESS TO Karen Higgins 401 Oversight & Express Permits Unit Division of Water Quality Surface Water Protection FROM Debbie Wilson NCDENR /DCM Express Major Permits Coordinator 127 Cardinal Drive Ext Wilmington NC 28405 (Courier 04 16 33) SUBJECT CAMA Major Permit Application Review Applicant Action Properties of Topsail Island — (c /o H Williams) Project Location 518 Rowland Ave adjacent to an unnamed canal off the AIWW in Surf City NC Pender Co Proposed Project Applicant proposes to construct a commercial pier and floating dock Please indicate below your agency s position or viewpoint on the proposed protect and return this form by June 29, 2012 If you have any questions regarding the proposed protect contact Debbie Wilson (910) 796 7266 when appropriate in -depth comments with supporting data is requested REPLY This agency has no objection to the protect as proposed This agency has no comment on the proposed protect This agency approves of the protect only if the recommended changes are incorporated See attached This agency objects to the protect for reasons described in the attached comments SIGI4ED DATE IF 1UN 19 2012 NR trY � 400 Commerce Ave Morehead City NO 28557 3421 Phone 252 -808 28081 FAX 252 247 3130 Internet www nccoastalmanagement net Ont.,, An c CUM opportunity t Affirmative Action Employer Nor thCaro11na Nahimilb, -% � ) � t t t r% f A .�) j e 'ri +,3 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1 APPLICANT'S NAME Action Properties of Topsail Island / Hiram Williams 2 LOCATION OF PROJECT SITE 518 Rowland Ave adjacent to an unnamed canal off the AIWW in Surf City Pender County Photo Index — 2006 25 6582 O 17 18 2000 25 330 J 7 8 1995 25 313 I J 4 5 State Plane Coordinates - X 2438091 Y 250494 GPS — N06121 OA Lat 34 °25 46 01971 'N Long 77 °32 49 93083 W 3 INVESTIGATION TYPE CAMA 4 INVESTIGATIVE PROCEDURE Dates of Site Visit — 6/8/12 Was Applicant Present — Yes 5 PROCESSING PROCEDURE Application Received Complete — 6/12/12 Office Wilmington 6 SITE DESCRIPTION (A) Local Land Use Plan —Surf City Land Use Plan Land Classification from LUP — Commercial / Urban Waterfront (B) AEC(s) Involved ES EW PT (C) Water Dependent Yes (D) Intended Use Commercial (E) Wastewater Treatment Existing Municipal Planned None (F) Type of Structures Existing — Office building parking lot and utilities Planned — Commercial pier and floating dock (G) Estimated Annual Rate of Erosion N/A Source N/A 7 HABITAT DESCRIPTION [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands —72 ft2 (Shaded) (B) Non Vegetated Wetlands —890 ft2 (Open water) (Incorporated) (C) Other 11 1 (D) Total Area Disturbed 1040 sq ft (0 024ac) (E) Primary Nursery Area Yes (F) Water Classification SA HQW Open No 8 PROJECT SUMMARY The applicant is proposing to construct a commercial pier and floating dock Action properties of Topsail Island Page Two 9 PROJECT DESCRIPTION The applicant has requested that the subject CAMA Mayor Permit application be processed under the Express Review Permitting Program The project site is located at 518 Rowland Ave adjacent to an unnamed canal off the AIWW in Surf City Pender County To get to the site from Wilmington take US HWY 17 N to NC 210 /Watts Landing Turn right onto NC 210/Watts Landing and travel approximately 2 8 miles to NC 50/NC 210 Turn right onto NC 210/NC 50 and travel approximately 18 miles to Surf City The subject property will be located on the left approximately 0 12 miles east of the Surf City Swing Bridge The subject property encompasses approximately 0 68 acres and has an average elevation of approximately 4 feet above normal lugh water (NHW) The property has approximately 100 linear feet of shoreline bordering the adjacent canal The property is bordered by commercial property to the north and south Rowland Ave/NC 50 to the west and an unnamed canal (off the Atlantic Intracoastal Waterway (AIWW)) to the east Man made structures on the high ground portion of the property consists of a commercial office building asphalt and gravel parking lot and associated utilities High ground vegetation consists of lawn grasses Live Oaks (Quercus virgmiana) Cherry Trees (Prunus Sp ) and Wax Myrtles (Myrica cerfera) Along the shoreline landward of NHW the vegetation transitions to a fringe of coastal wetlands including Spike Grass (Distichlis spicata) Black Needle Rush (Juncus roemarianus) Glasswort (Salicornia spp ) and Salt Meadow Hay (Spartina patens), intermixed with Sea Ox eye (Borrichia frutescens) Waterward of NHW is a band of Smooth Cordgrass (Spartina alterni ora) measuring approximately 6 to 8 feet in width that spans the length of the shoreline The Surf City Land Use Plan classifies the area as Commercial / Urban Waterfront The waters of the canal and AIWW in the vicinity of the project are classified SA HQW by the Division of Water Quality The area is designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and is CLOSED to the taking of shellfish PROPOSED PROJECT The applicant is proposing to construct a commercial pier and floating dock to accommodate two (2) large vessels As proposed the access pier would measure approximately 6 feet in width by 60 feet in length of which approximately 30 to 35 feet would extend waterward of the NHW boundary into the canal Located on the terminal end of the pier would be an access ramp measuring approximately 4 feet in width by 12 feet in length which would connect to the center of the proposed floating dock As proposed the floating dock would measure approximately 8 feet in width by 85 feet in length running parallel the shoreline The application states the docking facility would provide two (2) formalized slips for use by 2 large cruise boats (one 35 in length and one 55 in length) According to the application the designated slips would be located in an area where the water depths range between 3' and 4' relative to normal low water (NLW) 10 ANTICIPATED IMPACTS As proposed the pier would result in the shadmg of approximately 72 ft2 of coastal wetlands consisting primarily of Smooth Cordgrass (�artzna alterniflora) and approximately 890 ft' of shallow bottom habitat The proposed pier and floating dock would extend a total distance of Action properties of Topsail Island Page Three approximately 44 to 54 feet beyond the NHW line into the canal The project would incorporate a total of approximately 926 ft' of Estuarine Waters and Public Trust Area As proposed the docking facility would be located within the 15 riparian corridor setback to the north (Batts Property) but would not encroach into the 15 riparian corridor setback to the south Additionally the proposed structure does not appear to extend beyond or into the adjacent channel nor does it appear to exceed' /4 of the width of the waterbody which measures approximately 177 to 217 in width within the proposed location The applicant has approximately 100 linear feet of shoreline allowing a maximum of 800 ft' of platform area As proposed the docking facility would result in a total of approximately 680 ft' of platform area and would provide dockage for a total of two (2) vessels Minor increases in turbidity should be expected during construction however no long term impacts are anticipated Submitted by Debra Wilson Date June 15 2012 Office Wilmington Project Narrative Action Properties Dock Request The project site is located at 518 Roland Ave, Surf City NC The lot measures 100 wide and 655 deep The owner is proposing to install a 6 x 60 pier with an 8 x 85 floating dock The applicant is proposing to lease the dock to Captain David Luther of the Belle of Topsail 55 vessel and a Pirate Cruise ship the Raven 35 vessel Captain Luther has been forced out of his current location due to the property Beach House Marna, being foreclosed The new owners are evicting all the boat owners currently in the' water slips" of the manna There will be no adverse impacts to coastal wetlands navigation or shellfish and nursery areas F, i r -Q9,,, _UN 12' 2012 E C ��, " I ,bA 13 t,,3 �1C N C DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 6 3 — ,,;- o / 2- Name of Property Owner Applying for Permit Mailing Address f) (),/� 0/,� // .2 7� -� C), r-P 61- �� . 'r C , �s- �Y J I certify that I have authorized (agent) to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (my property located at) / � zc,� , J/ /� c- This certification is valid thru (date) ��� �� Property Owner Signature ,5_j 1-:2- Date JJN 0 % 2012 - � °t "Ic ewEP-1 NFLICATIONIOr Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1 Primary Applicant/ Landowner Information Business Name Project Name (d applicable) Action Properties Of Topsail Island Century 21 Action Applicant 1 First Name MI Last Name Hiram Jon Williams Applicant 2 First Name MI Last Name n/a n/a n/a If additional applicants please attach an additional page(s) with names listed Mailing Address Mailing Address PO Box City State 518 Roland Ave 19 Creekstone Lane Surf City NC ZIP Country Phone No ZIP FAX No 28445 USA 910 328 2511 ext 910 620 1560 ext Street Address (if different from above) City State ZIP n/a N/A n/a City Email ZIP Email 2 Agent/Contractor Information Business Name Capt David Luther Belle Of Topsail / Jon Giles Agent/ Contractor 1 First Name MI Last Name Jon W Giles Agent/ Contractor 2 First Name MI Last Name n/a Mailing Address PO Box City State 19 Creekstone Lane Castle Hayne NC ZIP Phone No 1 Phone No 2 28429 910 620 1560 ext ext FAX No Contractor # Street Address (if different from above) City State ZIP Email lgiles28469 @hotmail com <Form continues on back> W 7 � 252 808 2808 1 888 4RCOAS7 nr-ti Form DCM MP 1 (Page 2 of 4) APPLICATION for Major Development Permit 3 Project Loca>bon County (can be multiple) Street Address State Rd # Pender 518 Roland Ave NC 50 Subdivision Name City State Zip n/a Surf City NC 28445 Phone No Lot No (s) (if many attach additional page with list) ext. i is the proposed project consistent with the applicable zoning? a In which NC river basin is the project located? b Name of body of water nearest to proposed project Cape Fear unnamed canal to Beach House Manna c Is the water body identified in (b) above natural or manmade? d Name the closest major water body to the proposed project site ❑Natural ®Manmade ❑Unknown AIWW e Is proposed work within city limits or planning jurisdiction? f If applicable list the planning jurisdiction or city limit the proposed ®Yes []No work falls within Surf City 4 Site Description a Total length of shoreline on the tract (ft) b Size of entire tract (sq ft ) 100 29 500 sq ft c Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or 29 500 S F NWL (normal water level) (If many lot sizes please attach additional page with a list) 4 ®NHW or ❑NWL e Vegetation on tract lawn grasses and narrow strip of coastal wetlands with disticulus juncus and alterniflora f Man made features and uses now on tract Commercial Office Budding with associated parking lot and utilities g Identity and describe the existing land uses adiacent to the proposed project site Property to north is commercial and the property to the south is vacant and the next property is a fish house h How does local government zone the tract? i is the proposed project consistent with the applicable zoning? C1 (Attach zoning compliance certificate if applicable) ®Yes ❑No ❑NA j is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k Has a professional archaeological assessment been done for the tract? If yes attach a copy ❑Yes ®No ❑NA If yes by whom? I Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? t � <Form continues on next page> -9 +§ L� I 7,l t p i JS 'J MZ ` c °252 308 2808 v 888 4RCOAST W V lcccp?�,=� r+ ,— Inclement 3 et Form DCM MP 1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the site? Wes ❑No (n) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (u) above has a delineation been conducted? []Yes ®No (Attach documentation if available) n Describe existing wastewater treatment facilities municipal o Describe existing drinking water supply source municipal p Describe existing storm water management or treatment systems none sheet flow 5 Activrbes and Impacts a Will the project be for commercial public or prorate use? ®Commercial ❑Public(Govemment ❑PnvatelCommundy b Give a brief description of purpose use and daily operations of the project when complete The owner plans to lease the facility to Capt David Luther to moor his two cruise boats c Describe the proposed construction methodology types of construction equipment to be used during construction the number of each type of equipment and where it is to be stored Standard marine construction techniques will be used during the construction of this dock d List all development activities you propose Install 6 x 60 pieNwalkway approximately 37 will extend beyond NHW with a floating dock measuring 8 in width and 85 in length e Are the proposed actnnties maintenance of an existing project new work or both? new work f What is the approximate total disturbed land area resulting from the proposed project? 360 ®Sq Ft or ❑Acres g Will the proposed project encroach on any public easement public accessway or other area ❑Yes ®No ❑NA that the public has established use of h Describe location and type of existing and proposed discharges to waters of the state none i Will wastewater or storrnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA I Is there any mitigation proposed? ❑Yes ®No ❑NA If yes attach a mitigation proposal <Form continues on back> .RUIN 12 /'J' " 252 808 2308 1 888 4RCOAST e vv acc -ios -i ni.4(,i>J4tH0AJN1 &i0N lq,- Form DCM MP 1 (Page 4 of 4) APPLICATION for Major Development Permit 6 Additional Information In addition to this completed ap oixetion form (MP 1) the following items below if applicable must be submitted in order for the application package to be complete Items (a) - (f) are always applicable to any major development application Please consult the application instruction booklet on how to properly prepare the required items below a A project narrative b An accurate dated work plat (including plan view and cross sectional drawings) drawn to scale Please give the present status of the proposed project Is any portion already complete? If previously authorized work clearly indicate on maps plats drawings to distinguish between work completed and proposed c A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site d A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties e The appropriate application fee Check or money order made payable to DENR f A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mad Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name Quality Properties Asset Management Co Phone No Address 100 South Charles Street MD 21201 Name Batts Properties Inc Phone No Address 110 W Lake Rudge Rd Reaford NC 28376 Name Phone No Address g A list of previous state or federal permits issued for work on the project tract Include permit numbers permittee and issuing dates n/a h Signed consultant or agent authorization form if applicable i Wetland delineation if necessary j A signed AEC hazard notice for projects in oceanfront and inlet areas (Must be signed by property owner) k A statement of compliance with the N C Environmental Policy Act (N C G S 113A 1 10) if necessary If the project involves expenditure of public funds or use of public lands attach a statement documenting compliance with the North Carolina Environmental Policy Act 7 Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application The project will be subject to the conditions and restrictions contained in the permit I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow up monitoring of the project I further certify that the information provided in this application is truthful to the best of my knowledge Date (0 t )' 'L a �— Print Name J ° °� �- !✓5 Signature Please indicate application attachments pertaining to your proposed project ODCM MP 2 Excavation and Fill Information ODCM MP 5 Bridges and Culverts ODCM MP 3 Upland Development ODCM MP-4 Structures Information 1�132 zoo 2308 1 SPA -ARCO �Fa err V i lqlcn� a a nQa9a-"a- L� --4 Form DCM MP-4 STRUCTURES (Construction vnthin Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit Form DCM MP 1 Be sure to complete all other sections of the Joint Application that relate to this proposed project Please include all supplemental information 1 DOCKING FACIUTYWARINA CHARACTERISTICS a (i) Is the docking facility /manna ®Commercial ❑Public/Govemment ❑Pnvate/Commundy ❑This section not appricable b (i) Will the facility be open to the general public? ❑Yes ®No c (i) Dock(s) and/or pier(s) d (i) Are Finger Piers included? ❑Yes ®No (n) Number 1 If yes (m) Length 6 (n) Number (iv) Width 60 (m) Length (v) Floating ®Yes ❑No (iv) Width (v) Floating ❑Yes ❑No e (i) Are Platforms included? ®Yes ❑No f (i) Are Boatlrfts included? ❑Yes ®No If yes If yes (n) Number 1 (n) Number (w) Length 8 (m) Length (iv) Width 85 (fv) Width (v) Floating ®Yes ❑No Note Roofed areas are calculated from dnplme dimensions g (i) Number of slips proposed h Check all the types of services to be provided 2 ❑ Full service including travel Id and /or rail repair or (n) Number of slips existing maintenance service ❑ Dockage fuel and marine supplies 0 ® Dockage (wet slips") only number of slips 2 ❑ Dry storage number of boats ❑ Boat ramp(s) number of boat ramps ❑ Other please describe i Check the proposed type of siting I Describe the typical boats to be served (e g open runabout ❑ Land cut and access channel charter boats sail boats mixed types) []Open water dredging for basin and /or channel one scenic cruise boat 55 and one pirate cruise ship 35 ®Open water no dredging required ❑Other please describe k Typical boat length 55 and 35 1 (1) Will the facility be open to the general public? ❑Yes ®No m (i) Will the facility have tie pilings? ❑Yes ®No (n) if yes number of he pilings? i2 232 308 2808 1 888 -,PC[ AST vvvvvv riccoastalmatrsatfemenf net �4Q4614 N 24fJ06 F'or'm DCM MP 4 (Structures, Page 2 of 4) 2 DOCKING FACIUMMARINA OPERATIONS ®This section not applicable a Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons Number Location ❑ Showers ❑ Boatholding tank pumpout Give type and location b Descnbe treatment type and disposal location for all sanitary wastewater c Descnbe the disposal of solid waste fish offal and trash d How will overboard discharge of sewage from boats be controlled? e (i) Give the location and number of No Sewage Discharge signs proposed (u) Give the location and number of Pumpout Available signs proposed f Descnbe the special design if applicable for containing industrial type pollutants such as paint sandblasting waste and petroleum products g Where will residue from vessel maintenance be disposed of? h Give the number of channel markers and No Wake signs proposed I Give the location of fuel handling facilities and describe the safety measures planned to protect area water quality I What will be the marina policy on overnight and lire aboard dockage? k Describe design measures that promote boat basin flushing? I If this project is an expansion of an existing manna what types of services are currently provided? m Is the manna/docking facility proposed within a primary or secondary nursery area? OYes []No �+° �ia n _ 252 808 2808 1 888- 4PCGAS- vvww nccoasta rnanaaeme it n- revi3ed 12/27/0f' ' %a'm DOM MP 4 (Structures Page 3 of 4) n Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o Is the manna/docking facility proposed within or adjacent to coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL ❑None p Is the proposed mannaldocking facility located within or within close proximity to any shellfish leases? []Yes []No If yes give the name and address of the leaseholder(s) and give the proximity to the lease 3 BOATHOUSE (including covered bits) J@ This section not applicable a (i) Is the boathouse structure(s) ❑Commercial ❑Publio/Govemment ❑Pnvate /Community (ii) Number (iii) Length (iv) Width Note Roofed areas are calculated from dnphne dimensions 4 GROIN (e g wood sheetptle etc If a rock groin use MP 2 Excavation and Fill) ®This section not applicable a (i) Number (n) Length (iii) Width 5 BREAKWATER (e g wood sheetpile etc) ®This section not applicable a Length b Average distance from NHW NWL or wetlands c Maximum distance beyond NHW NWL or wetlands 6 MOORING PILINGS and BUOYS ®This section not applicable a Is the structure(s) ❑Commercial ❑Public/Govemment ❑Pnvate /Community c Distance to be placed beyond shoreline Note This should be measured from marsh edge if present e Arc of the swing 7 GENERAL b Number d Description of buoy (color inscription size anchor etc) 110ej 1 &o 252 808 2809 1 888 4RCOAST www nccoastalmanagement net revised 12/27/08 Form DCM MP 4 (Structures, Page 4 of 4) a Proximity of structure(s) to adjacent riparian property lines within one foot to the property to the north and 15 to the riparian line of the property to the south Note For buoy or mooring piling use aw of swing including length of vessel c Width of water body approximately 177 at its most narrow spot e (i) Will navigational aids be required as a result of the project? OYes ®No ❑NA (u) If yes explain what type and how they will be implemented b Proximity of structure(s) to adjacent docking facilities 200 to the north and 126 feet to the south d Water depth at waterward end of structure at NLW or NWL approximately 3 to -4 @ NLW 8 OTHER ®This section not applicable a Give complete description The applicant is proposing to install a a 6 x 60 pier and 8 x 85 floating dock June 11 2012 Date Century 21 Action Project Name Century 21 Action Docking Facility A nt Name Applicant Signature .SUN I a 7012 #J ILA i NG ,)N qC 252 808 2808 1 888- 4RCCAST wwvA, nccoastalmanacgement net revised 12/27/06 CENTURY 21 ACTION 518 ROLAND AVE SURF CITY, NC 28445 WATERFRONT 100' FOR DAVID & SHARON LUTHER OWNERS /OPERATORS THE BELLE OF TOPSAIL LOA 55' BEAM 14' 4" DRAFT 3' 6" RAVEN LOA 35' BEAM 11' DRAFT 3' 6" CONTACT INFO DAVID & SHARON LUTHER P O BOX 2394 SURF CITY, NC 28445 W 910 328 -1621 C 910 612 -0816 JJN 0 4 2012 LETTER OF INTENT Hiram Williams, Manager/ Partner Action Properties of Topsail Island, LLC PO Box 4270 Surf City, North Carolina 28445 Dear TRBR , Inc Sharon Luther President This letter hereby expresses the mutual interest in a transaction currently in negotiations between the following parties Lessee TRBR Inc Lessor Action Properties of Topsail Island, LLC This letter will outline the potential terms of a final transaction agreement to be negotiated and finalized at a later date Any and all parties signing this letter hereby affirm they are an authorized representative of their respective companies Enforcement The terms of this letter of intent are informational in purpose The terms enumerated herein are nonbinding on all parties The terms set forth herein shall not become binding under any amendment hereto The terms of this letter of intent will become effective and enforceable only when a definitive agreement is executed by all parties following all negotiations This letter of intent will expire on June 15, 2012 at exactly 5 OOPM Prospective Transaction The transaction currently under negotiation is for the leasing rights to the unimproved property at the rear of 518 Roland Ave Surf City, NC by the Lessor to the Lessee �r. Terms of Payment ON 10 It 2012 Should a final agreement be made, the Lessee intend to make a payment to the iLessorr Inoprgt� e following terms m return for the rights to the interest listed above Lessee will make and bear the expense of all leasehold improvements associated with the needs to operate a commercial dockage facility Payment to Lessor will be negotiated on a per foot of dockage basis The base rate of $8 00 per foot is to be considered currently as a base rate This could change as negotiations progress This monthly rent amount will be credited against total expenses of lessee leasehold cost and be considered the monthly rent until all cost of lessee has been absorbed or two © This is a RocketLawyer com Legal Document years which ever comes first Liability The lessee hereby agree to disclose fully any liabilities or debts associated with the leasehold improvements in writing before any agreement is executed and finalized Lien waivers on all improvements must be presented to lessor prior to a final agreement Lessor will assume no financial liability for any work ordered by or contracted for by lessee All cost of liability insurance associated with the Lessee's business will be borne by the Lessee This will include additional cost to the Lessors cost of insurance Expenses All parties agree to pay their own respective expenses incident to this letter of intent any final transaction agreement and any negotiations Public Announcements and Confidentiality Agreement All parties hereby agree not to release any information to the public with regards to this letter or any potential agreement without the separate written consent of all parties involved All parties agree that the terms of this letter of intent and any negotiations shall remain confidential between the parties and their legal representation Closing Upon the signing of this agreement all parties agree to enter into negotiation for the lease interest and hereby state their intention to lease said property pending the finalization of a transaction agreement Special Warrantees This agreement is given to authorize TRBR,lnc the right to obtain all permits necessary ( CAMA, Surf City zoning and building) to operate a business of commercial dockage of boats on the rear portion of the site There will be no sale of real property involved with this agreement, only the lease of a portion of the property at 518 Roland Ave Surf City,NC � � Effect of Letter of Intent ,J.N 9 �4 1o1? THIS LETTER OF INTENT IS NOT A BINDING AGREEMENT ON A Y3PA T �S 4 LISTED HEREIN This letter of intent is a statement of the parties' intentions to enter into negotiations for the lease of property This letter shall be governed by the laws of the state of North Carolina This letter constitutes the entirety of the intentions of all parties Any other letters of intent are hereby withdrawn with regards to the company or interest listed in this agreement This letter shall be construed according to its fair meaning and not applied strictly to either party This Letter does not require either party to negotiate in good faith or to proceed to the completion of a binding Agreement The parties shall not be contractually bound unless and until they enter © This is a RocketLaMer com Legal Document into a formal written Agreement, which must be in form and content satisfactory to each party and to each party's legal counsel in their sole discretion Neither party may rely on this Letter as creating any legal obligation of any kind Notwithstanding the provisions of this paragraph to the contrary, Lessor and Lessee agree that the above paragraph entitled "Public Announcements and Confidentiality Agreement" shall be binding regardless of whether a binding Agreement is entered into by the parties If the forgoing terms of this letter are correct and acceptable, so indicate by signing and returning this document to my office Sincerely, Date �: /,;) / cram Williams Accepted and Agreed I, TRBR , Inc Sharon Luther, President, agree with the intentions of the above letter of intent and I understand that this letter of intent is not a binding agreement liwa TRBR , Inc Sharon Luther President Date A1.2 d / L �,' lvi 'M kill %, -, � cj� 3�1� 0 This is a RocketLawyer.com Legal Document SC112ya REF �y�w ,C3 434, P .3as `` eb�g1161181 yyyr „` b � ) T L 2174 r e A Ctc -i1_ as ,fll�sPeBl�taeyta��i� DF'F/CE COMALEX )04 07- PG AN .FaR SID&CY A/ Wle 4lAlW S E'r el r _ 14 /RA /yi 7-a.OS.4 1G T'Y71t/�f/SJy/!P POND. 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