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SW3150102_HISTORICAL FILE_20150511
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATEls�/ YYYYMMDD Operation &Maintenance Agreement S-W3j5©/OZ3�� /ao� The Retreat at Statesville (apartment complex) l N<,p O,c Statesville, NC IREDELL County Prepared By: Benjamin B. Thomas, PE, West Consultants, PLLC �Fa � CoverP.a e.. d. •q rx Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a kn s@t to 'd, Any deficient BMP elements noted in the inspection will be corrected, repaired, or replacedimmediately. These deficie s.cen affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). •,, The BMP(s) on this project include (check all that apply & Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderA/FS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: Soil Amendments Present: O&M tables will Location(s): Location(s): Location(s): I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or priorto any changes to the system or responsible party. ' Responsible Party: Sari and Associates NC, L Title & Organization: Owner Street address: 463-1/2 Carolina Circle City, state, zip: Winston-Salem, NC 27104 Phone number(s): 336d99.1993 Signature: // ///'I`` Date: I / Z/Z-O 15- 1, J7� 4SA ���- C [�� )I t4�Lh a Notary Public for the State of Snf f h PQ1'r,)fr1Q County of fl do hearby certify that R � C i OM i n 0 personally appeared before me this day of pr\uacq 0 2 C)S and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, ��_i T�2p r. �� l; iQ)ton ,fltrr.�r<.�ie w.`+�Gosmisen'4'. 4i tgOTgRy':' u'.. °08UG sion 1.4 My commission expires AUPL 6 20) 0&M Pans Manual snp3 I M 4 of 4 ,` ..,, �r�� . „�\• �O: �'�1 ��( ��. , .. .� ��Mr.r�; C+] The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). _ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspectedonce a month and within 24 hours after every storm event greater than 1.0 Inches (or 1.5 Inches If in a Coastal Countyl Records of operation and maintenance should be kept in a known set location and must be available upon request. n ioyowwn.eurwues snail De pertormed as follows. Any problems that are found shall be repaired immediately BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too long. Maintain vegetation at a height of approximately six inches. The Inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with dean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to a depth greater than the Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed t maintain optimal plant health. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. DRM-EZ lion 1.4 12/3112014 08M Manual Pane 9 of 4 s w/315-40e o 'The main treatment area Sediment has accumulated to a depth greater than the Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% of the area. Consult a professional to remove and control the algal growth. Cattails, phragmites or other invasive plants cover 50% of Remove the plants by wiping them with pesticide (do not spray). the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or beaver Use traps to remove muskrats and consult a professional to remove activity is present. beavers. A tree has started to grow on Consult a dam safety, specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device. Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. WefDeterrtiorrPohdDeslnn.SummarV t WET POND ID FOREBAY WET POND Normal Pool El. Temporary Pool El: other No Clean out depth: forebay? Sediment Storage El: Veg. Fitter? No Bottom El: MAIN POND Normal Pool El. M Temporary Pool EIPretreatment Clean out depth:than Sediment Storage El:Has Bottom El: 93.5 94.6 1 90 69 Approved 11149Mtueatof peranit Do"Mantip Construction in accordance Whh these documents Is required by the stomrwatst permit. North Carolina rules require thin ttre stomw+ater system designer Inspect during onnstruciion: certify conformity with the plans and spats: and Lenity compliance with the srormwater rules. (15A NCAC 2H / permit #3 50 O Date i3 Gam' r�iC DNision of Sheet #__--Revision Dzta T�FL.0 ORM-EZ 12/31@014 sion 1.4 O&M Manual Paae 3 of 4 Pf-4u(9-4 ❑ First Submittal ❑ Development/Project name Application Completeness Review I u G w. tt t Slnl3l�o�0 � �/ n-s 0 Y /�ci Date Reviewed:/ r8 /S By Bill Diuguid� For post -construction requirements, a program will be deemed compliant for the areas where implementing any of the following programs: WS-I, WS-II, WS-III, WS-IV, HOW, ORW, Neuse NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nuti I High Densitv Proiects that require a 401 /404 within an NSW reauire 85% TSS. 30% Thl and 30e6 TP rernMfi- I T&E Species (Goose Creek, Waxhaw Creek or Six Mile Creek Water Sheds): AI/A-�' UJr✓�f Latitude and Longitude: 3 5. 8 / 93 of 80_ 98?435 W Jurisdiction Project Address: ce o 10 / rcQ. Engineer name and firm: 1 q ✓ 13- a sd ousa 1 a - Phone: _ 5 33—3 o Email: b-4kon,As a's - C • ✓-u/ "'J r. c a Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? es or ❑ No Arolrl�050' ❑ Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets EirHigh Density p Other 1/404 im acts to surface waters, wetlands, and buffers (add language to cover letter and/or add info letter) ni � Et, LA 4r- 3 . Z % e'�Check for $505.00 included ' ` �R [a/ Original signature (not photocopy) on application GoR a" Legal signature (Corporation-VP/higher, Partnership -General Partner/higher, LLC-member/manager, Agent). Wig+ kn.r *QW3 ma6,v, _� A-r7L. If an agent signs the application, a signed letter of authorization from the applicant must be provided which i ludes the name, title, mailing address and phone number of the person signing the letter. Copy of property deed showing ownership or control A 7or subdivided projects, a signed and notarized deed restriction statement Sealed, signed & dated calculations a' Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each) ❑ Bioretention ❑ Dry Detention Basin ❑ Filter Strip ❑ Grass Swale ❑ Infiltration Basin ❑ Infiltration Trench ❑ Level Spreader ❑ Permeable Pavement ❑ Restored Riparian Buffer ❑ Rooftop Runoff Management ❑ Sand Filter ❑ Stormwater Wetland Ill/et Detention Basin ❑ Low Density ❑ Curb Outlet ❑ Off -Site ❑ NCDOT Linear Road of/Two sets of sealed, signed & dated layout & finish grading plans with appropriate details ;_ Narrative Description of stormwater management provided X—°— oils report, geotech information provided Wetlands -delineated or a note on the plans or in the accompanying documents that none exist on site and/or / /adjacent property 4/ Details for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter; 5V Dimensions & slopes provided Drainage areas delineated ❑ Pervious and impervious reported for each ❑ Areas of high density GfaMP operation and main nance��reements provided pplication complete [s�gpplication Incomplete Returned MA t- —d (Date) Comments o_ 1 So i c s �1 a co r S��i oR April 26, 2013 Revision, Bill Diuguid � I( Prepared by: McElwee & McElwee, Auomcys at Law BK 1059PG0535 ./'Return to: Grantee 00237 FILED l IREDELL CCUNTY K EXCISE TAX $ YO -oa 011130/38 5:00 Pt1 BREIIN D. BELL NORTH CAROLINA GENERAL WARRAN'ITIJI'M19f Deeds THIS DEED made this _ day January, 1998, by and between MINNIE GODBEY GILT. by end through her attorney -in -fact, JANE GILL, WALKER, Grantor and VENTURE PROPERTIES 1, LLC whose address is 924 Main Street, North Wilkesboro, NC 28659, Grantee. WITNESSETII That the Grantor, for 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, that certain lot or parcel of land situated in Statesville Outside Township, Iredell County, North Carolina, and more particularly described as follows: raeoELL couarx ac or/ao/ve 11 $50.00 SEE ATTACHED EXHIBIT A n^ratI8 0 1UNA I, PExcise Tax Estate D The property hercinabove described was acquired by the Grantor by instrumlAtIgrecord 211, Page 92 of lredell County Registry. TO HAVE AND TO HOLD the Grantor's interest in the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements and restrictions of record. IN WITNESS WHEREOF, the Grantor has set her hand and seal, this _day of January, 1998: (SEAL) Minnie Godbey Gill � A-rt (SEAL) Jane Gill Walker, Attorney -in -Fact STATE OF TENNESSEE �K 'J ..1 COUNTY I, .)e.fr �h. A � E , e Notary Public for said County and Stale, do hereby certify that Jane Gill Welker attorney in fact for Minnie Godbey Gill personally appeared before me this day, and being by me duly sworn, says that he/she executed the foregoing and annexed instrument for and in behalf of Minnie Godbey Gill, and that his/her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of Register of Deeds in the County of lredell State of North Carolina on the 16th day of August, 1991, in Book 827, Page 543 and that this instrument was executed .... . under and by virtue of the authority given by said instrument granting him/her power of attorney. (�p;Q .. I do further certify that the said Jane Godbey Gill acknowledged the due execution of the foregoi4 ..."J'•.,, annexed instrument for the purposes therein expressed for and in behalfof Minnie Godbey Gill. q: r� ,•'•, '� Witness my hand and official seal, this the 1( day of January, 1998. Notary Public dU0 My commission expires:_o r - _ D r The foregoing certi to of Gam- , is certified to be correct. This instrument and this certificate are duly registere at and time . nd in the Book nd Pa own on the first page hereof. BRENDA D. BELL By: Register of Deeds for lredell County D uty / Aesistznt cgistc us BX 1059PGO636 A certain tract or parcel of land containing 76.822 acres, lying and being in Statesville Outside Township, Iredell County, North Carolina, being more particularly described as follows by bearings rotated to Deed North - Deed Book 211, Page 92, Iredell County Registry, as surveyed by Russell N. Vogel, R.L.S., L-3106, on March 18, 1994: BEGINNING on an existing iron pipe, said pipe being a common corner of the land as conveyed to M. Winston and Diane C. Mayhew by deed recorded in Deed Book 729, Page 823, Iredell County Registry, and Kenneth M. Harris by deed recorded in Deed Book 825, Page 327, Iredell County Registry, and cunning thence with Harris' line South 89° 34' 09" West 1009.81 feet to an existing one-half inch rebar; thence South 891 36' 59" West 51.80 feet to an existing one-half inch rebar; thence South 891 36' 59" West 107.84 feet to a five -eights inch rebar on the east side of Fourth Creek; thence South 890 36' 59" West 23.31 feet to the center of Fourth Creek; thence with the center of said creek the following eight (8) courses and distances: (1) North 091 36' 48" East 42.99 feet, (2) North 36D 02' 09" West 116.32 feet, (3) North 49' 36' 55" West 155.07 feet, (4) North 69' 02' 20" West 487.68 feet, (5) North 580 24' 43" West 93.31 feet, (6) North 380 08' 58" West 66.37 feet, (7) North 28' 49' 09" West 165.81 feet, (8) North 28' 20' 06" West 347.56 feet; thence leaving said creek and running with the center of a branch the following thirty-two (32) courses and distances: (1) North 270 44' 30" East 70.01 feet, (2) North 140 12' 06" West 88.90 feet, (3) North 11* 29' 22" West 57.57 feet, (4) North 000 23' 04" East 39.21 feet, (5) South 86' 00' 39" East 20.95 feet, (6) North 28147' 06" East 63.76 feet, (7) North 200 24' 34" East 135.66 feet, (8) North 700 51' 26" East 10.00 feet, (9) North 201 43' 57" East 174.53 feet, (10) North 22' 04' 14" East 30.60 feet, (I1) North 240 05' 22" East 156.31 feet, (12) North 380 52' 22" East 91.15 feet, (13) North 080 25' 28" East 22.95 feet, (14) North 270 37' 20" East 38.09 feet, (15) North 66' 39' 33" East 22.82 feet, (16) North 030 33' 52" East 20.48 feet, (17) North 70' 25' 18" East 28.94 feet, (18) North 811 12' 23" East 54.55 feet, (19) North 82' 35' 23" East 61.86 feet, (20) North 62' 06' 31" East 99.52 feet, (21) North 38140' 53" East 35.74 feet, (22) North 660 35' 21" East 55.53 feet to a monument set, (23) North 640 02' 44" East 59.19 feet, (24) North 150 28' 05" West 26.44 feet, (25) North 080 42' 58" East 33.69 feet, (26) North 470 41' 44" East 69.36 feet, (27) South 81° 19' 1 V East 45.05 feet, (28) North 02' 16' 24" East 47.05 feet, (29) North 30' 29' 52" East 87.89 feet, (30) North 43' 23' 34 West 9.90 feet, (3 1) North 310 40' 04" East 60.87 feet, (32) North 25' 00' 01" East 64.21 feet; thence leaving said creek South 87° 18' 18" East 13.13 feet to a five -eights inch rebar set; thence South 871 18' 18" East 1019.14 feet to an existing iron pipe; thence South 01' 04' 43" West 651.75 feet to a five -eights inch rebar set at a fence corner; thence North 870 19' 52" West 488.85 feet; thence South 020 49 08" West 617.91 feet; thence South 4V 52' 50" East 103.65 feet; thence South 48" 07' 10" West 142.60 feet; thence South 41' 52' 50" East 243.61 feet; thence North 48' 07' 10" East 192,60 feet; thence South 411 52' 50" East 204.63 feet; thence a curve to the left having a radius of 305.00 feet and a bearing and distance of South 60° 59' 41" East 199.74 feet; thence South 80' 0631" East 251.87 feet; thence South 03' 39' 10" West 558.41 feet to the point of BEGINNING, containing 76.822 acres by coordinate geometry. WEST CONSULTANTS, PLLC Consulting Engineers and Surveyors 405 South Sterling Street Morganton, North Carolina 28655 Phone (828) 433.5661 Fax (828) 433-5662 TO NCDBNR - Land Quality Section (Raleigh) Stonnwater Permitting 1612 Mail Service Center (zip #27699) 512 N. Salisbury Street, 9th Floor Raleigh NC 27604 WE ARE SENDING YOU X Shop drawings Copy of letter Attached Under separate cover via Prints Plans Change order - Other: LETTER OF TRANSMITTAL 21121 15 The Retreat at State vg_ille - Statesville, NC (Iredell Co.) iAop NO o1j.4%n ry ,ts S. 41 .1 Specific �ZQC samples 445 �rry COPIES DATE NUMBER DESCRIPTION 2 Revised Plans—+rvtwa4a/ 1+pliCu-iis MAR 0 3 2015 D DENR - WATER RESOURCES 401 8 BUFFER PERMITTING THESE ARE TRANSMITTED as checked below: For your approval Approved as submitted Resubmit copies for approval X For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return corrected prints For review and comment Other FOR BIDS DUE/DATE: PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO If enclosures are not as noted, please notify us at once. W00-JCT 13127G USE WI 771C ENVELOPE Deluxe For Business 1-800-225E380 or .neoucom Ion SIGNED I-�L��1��/ PRIWED IN Us A. A A O O 4- .� _ ��' �l l � l r _ i %t (♦ ; `: I iz��� � iil _ 1' ✓ a ✓ iiv `5 l� O. WEST CONSULTANTS, PLLC Consulting Engineers and Surveyors 405 South Sterling Street Morganton, North Carolina 28655 Phone (828) 433-5661 Fax (828) 433-5662 TO NCDENR - Div. Energy, Mineral & Land Vt�� 512 N. Salisbury Street (physical del 1601 Mail Service Center (zip 27699) Raleigh NC X WE ARE SENDING YOU Shop drawings Copy of letter Attached Under separate cover via Prints Plans Change order Other: LETTER OF TRANSMITTAL 2015 RE: The Retreat at Statesville - City of Statesville, Iredell Co. (Rehab Engineering) .71 ^^ i Specifications RAY Samples � Tilgq� c� r�nUNMfNt COPIES DATE NUMBER DESCRIPTION btormwacer 1 Plan Review Fee ($505 Pd By Third Wave Housing/Angino) 2 Plans 2 Stormwater Management Calculations �D W JAN 0 9 Z015 DENR • WATER RESOURCES 401 & BUFFER PERMITTING THESE ARE TRANSMITTED as checked below: X For your approval For your use As requested For review and comment FOR BIDS DUE/DATE: REMARKS Approved as submitted Resubmit copies for approval Approved as noted Submit copies for distribution Returned for corrections Return corrected prints Other 1/7/2015 PRINTS RETURNED AFTER LOAN TO US COPY TO H enclosures are not as noted, please notify us at once. PRODUCT 19127a USE WITH nIC EIwELOPE Deluxe For Business 1-800-225-6380 or www.neb .com r1ni SIGNED PRINTED IN USA. A A 00 �� � �' ' �\, �q;r .J�•, � �.r�rllr? ;�.�;t;',J .�na'i, �, _.. 't, .. ��'y.jU•. J i?I I 1. tl�l . I� 11 . . . � I,' � � y1 � :� i. • .� � i' 1 ]4'I � IA4YI= ' a'. Corporations Division Page 1 of 1 I Click Here To: North Carolina Elaine F. Marshatt DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box29M Raldt;h,NO2762 -W22 191g}847-2000 Account Login Register View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Sari and Associates NC, LLC Limited Liability Company Information Sosld: 1352496 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 12/16/2013 Fiscal Month: December State of Incorporation: Registered Agent: Sari, James Corporate Addresses Mailing: 463 1/2 Carolina Circle Winston-Salem, NC 27104-3121 Principal Office: 463 1/2 Carolina Circle Winston-Salem, NC 27104-3121 Reg Office: 463 1/2 Carolina Circle Winston-Salem, NC 27104-3121 Reg Mailing: 463 1/2 Carolina Circle Winston-Salem, NC 27104-3121 Company Officials Managing Member: James Sari 463 1/2 Carolina Circle Winston Salem NC 27104 Member: Richard Angino 463 1/2 Carolina Circle Winston Salem NC 27104 4 MEMBER ELECTION FOR SARI AND ASSOCIATES NC, LLC Pursuant to the Operating Agreement of SARI AND ASSOCIATES NC, LLC (the "Company"), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, Richard Angino ("Angino") as a Member of the Company, hereby elects Richard Angino, a North Carolina Resident to be an additional Manager per Angino's rights in the Operating Agreement. This role shall be effective September 23, 2014 and shall continue until Angino elects a different Manager. IN WITNESS WHEREOF, the undersigned, being the Member of the Company, has caused this election to be duly adopte y the Company. — lke� Richard Angino, Member IN WITNESS WFUEREOF, the un gned accepts the role as a Manager of the Company. Richard Angino, Individual AGREEMENT TO PURCHASE REAL ESTATE This Agreement to Purchase Real Estate ("Agreement") is made effective as of the 30th day of December, 2013 (the "Effective Date"), by and between SARI AND ASSOCIATES NC, LLC, a North Carolina limited liability company, with a mailing address of 463 1/h Carolina Circle, Winston-Salem, NC 27104 ("Purchaser') and VENTURE PROPER73ES I, LLC, a North Carolina limited liability company limited partnership, with a mailing address of PO Box S43 Wilkesboro NC 28697 ("Sell& ). ARTICLE L PROPERTY On the terms set forth herein, Purchaser agrees to purchase from Seller, and Seller agrees to sell to Purchaser, that approximate 5.25+/- acre parcel, which parcel is a portion of 11.644+/- acres of real property known as PIN #4745283585.000 which is located qn Solstice Drive in Statesville, h-edell County, North Carolina, together with all improvements thereon and appurtenances thereto (the "Property") as shown in Exhibit A, attached. The exact legal description and acreage of the Property shall be determined by the survey described in Article 3, below. Purchaser intends to develop and operate up to sixty four (64) units of multi- family housing and ancillary facilities on the Property (the "DevelopmeneD. ARTICLE 2. PURCHASE PRICE AND EARNEST MONEY Purchaser shall pay Seller the sum of SIX HUNDRED SDM-FOUR THOUSAND AND 00/100 DOLLARS ($664,000.00) (the "Purchase Price") according to the terms and conditions set forth herein. Within five (5) business days of the Effective Data, Purchaser shall deposit the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) as an earnest money deposit which shall be applied to the Purchase Price (the "Earnest Money'). The Earnest Money shall be held in an escrow account of THE BROCKMANN LAW FlRK P.C., as escrow agent (the "Escrow Agent"), and disbursed in accordance with the terms and conditions of this Agroement. Within five (5) business days following the earlier of (i) receipt by Purchaser of a final allocation of sufficient low-income housing tax credits from the North Carolina Housing Finance Agency, and (ii) September 15, 2014 (whichever applies is to be the "Tax Credit Allocation Dare"), Purchaser shall deposit the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) as an earnest money deposit which shall be appliod to the Purchase Price. Upon satisfaction of all of the conditions precedent set forth in Article 3, below, tho Earnest Money shall be non-refundable when paid but applied to the Purebam Price. In the event the Pureliaser desires to extend the date of closing, the Purchaser shall have three (3) options to extend the date of closing for sixty (60) days each by depositing an additional sum of FOUR THOUSAND AND 00/100 DOLLARS ($4,000.00) in each instance as an additional earnest money deposit which shall be non-refundable when paid but applied to the Purchase Price. ARTICLE 3. CONDITIONS PRECEDENT A. Purchaser shall have until September 15, 2014 to conyrlete the following due diligence in regard to the Property to its satisfaction in its sole discretion: 1. Purchaser's receipt, review and approval of: (a) utility will -serve letters coafnming that all necessary utilities are available in sufficient capacity to service the Development; (b) an engineering report indicating that the soil condition, quality, density and bearing capacity are suitable for the Development; (c) a constnrction company's estimate of costs to construct the Development based on other due diligence findings, and (d) except as otherwise set forth herein, a zoning letter or report confimhing the zoning for the Property will allow Purchaser to develop and operate the Development, and that either (i) no conditional use permit, variance or any other land use permit or approval is necessary for the Development or (ii) any conditional use permit, variance or other land use pertnits or approvals necessary for the Development have been obtained. Seller Z* /Purchaser_ r, 2. Purchaser's deternimation, that any associated impact fees, utility hook-up or tap -in fees, or any oilier associated development and/or construction related fees imposed by any applicable governmental authority are acceptable to Purchaser. 3. Purchaser's receipt, review and approval of (a) a standard commitment for title insurance from a title insurer approved by Purchaser; (b) an environmental report; (c) a boundary survey; and (d) a flood plain certification and a wetland delineation report indicating that the presence of perennial and/or intermittent shrmms (and their associated buffers), wetlands and/or floodplains will not impede the development or operation of the Development; and (e) the cost for any offsite facilities required for the development and operation of the Development. 4. Purchaser's receipt of all necessary and customary permits from any and all applicable governmental authorities in order for Purchaser to develop and operate the Development, including those for all necessary utilities, access, building construction, site construction and off -site improvements (such as road widening easements and permits from applicable departments of transportation). 5. Purchaser's receipt of a binding allocation of low-income housing tax credits for the Development from the North Carolina Housing Finance Agency. In the event any condition precedent in this Article 3A is not satisfied by the date specified in this Article 3A, Purchaser shall have the right to terminate the Agreement upon notice to Seller and receive a refund of any refundable Earnest Money, and neither party shall have any further rights or obligatious.nnder the Agreement whatsoever. B. The obligations of Purchaser hereunder are in all respects conditioned upon and subject to the Property being zoned to allow Seller to complete Development without requiring any rezoning. ARTICLE 4. CLOSING Closing shall occur on or before December 31, 2014 at the office of Purchaser's attorney or such other venue mutually agreed upon by Purchaser and Sella; provided, howevff, that Purchaser shall have the right to schedule a closing any time prior thereto an ten (10) bays' notice to Seller. Seller shall deliver at closing: (a) general warranty deed conveying the Property to Purchaser (or its designee) subject to those exceptions approved by Purchaser, (b) all easements; necessary for the development and operation of the Development; (c) lion affidavit acceptable to the title � insurer, and (d) such other customary documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transactions contemplated hereby. In addition, in the event required by Purchaser in order to obtain survey coverage in regard to the title policy for, the Property, Seller shall deliver a quit claim deed for the legal description of the Property contained on the ALTA survey described in Article 3, above. Purchaser shall deliver at closing: (a) the remaining balance of the Purchase Price as provided by this Agreement; and (b) such other documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transaction contemplated hereby. At all titres until closing, Seller shall maintain the legal title to the Property Gee and clear of any and all defects, liens, and encumbrances of every kind and nature (other than deeds of trust that will be released at closing). Purchaser and Seller shall prorate all taxes, income, expeatses and costs (if any) related to die Property as of the date of closing. Seller shall pay for the propagation of the deed to the Property, and the North Carolina Real Estate Transfer Tax applicable to the transfer of the Property (if any). Purchaser shall be responsible for the tide insurance premium, and the cost of recording the general warranty deed and any other instruments to be recorded under the teems of this Agreement with respect to the Property. Except as may otherwise be stated herein, each party shall bear its own expense or expenses, including its own attorney fees. VIJ Seller �. / Purchaser � Page 2 ARTICLE 5. DEFAULTS AND REMEDIES In the event the sale of the Property is not closed pursuant to this Agreement due to a default hereunder by Seller or failure of performance hereunder by Seller, then Purchaser shall give Seller written notice specifying Seller's default or failure of performance, and Seller shall have ten (10) business days to cure the default or failure of performance. In the event that Seller fails to cure Seller's default or failure of performancewithin the ten (10) day period, then the Earnest Money shall be umuediat-ely refunded and returned to Purchaser, and, in addition, Purchaser may enforce and exercise its rights and remedies available at law or in equity, including without limitation an action for specific performance of this Agreement. In the event the sale of the Property is not closed pursuant to this Agreement due to a default hereunder by Purchaser or failure of performance by Purchaser, then Seller shall give Purchaser written notice specifying Purchaser's default or failure of performance, and Purchaser shall have ten (10) business days to cure the default or failure of performance. In theievernt that Purchaser fails to cure Purchaser's default or failure of performance within the ten (10) day period, then the Earnest Money shall be immediately forfeited by Purchaser, and retained by Seller as and for liquidated damages, and as Seller's sole and exclusive remedy; and thence the parties shall have no further rights, duties or obligations hereunder. ARTICLE 6. MISCELLANEOUS A. Access. Within five (5)idays of the Effective Date, Seller shall deliver to Purchaser true, comet and complete copies of any titie policies, commitments, surveys, plans and specifications, environmental reports or any other documents related to the Property, or any part thereof, which are in Seller's possession or which are readily available to Seller. Seller will allow Purchaser and its agents continuing access at reasonable times to the Property, for the purpose of conducting inspections. Following any such investigations or inspections conteanplatod by this Agreement, Purchaser shall, at Purchaser's expense, Promptly restore the Property to its condition prior to such inspection or investigation, and Purchaser shall defend, indemnify and hold harmless each Sellerifrom all costs or expense of every type and description (including reasonable attorney's fees) arising out of any personal injury or property damage caused by any agent, servant, employee or connector of Purchaser during any such investigation or inspection. B. Notices. Any notice, request, demand, instruction or other document to he given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be delivered personally or sent by United States registered or certified trail, return receipt requested, postage prepaid, or by overnight express courier, postage prepaid and addressed to the pasties at their respective addresses set forth above, and the same shall be effective upon receipt if delivered personally or three (3) business days after deposit in the mails if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. C. Attomey's Fees. In the event either patty hereto brings against arty other party an action at law or other proceeding permitted under the terms of this Agreement .in order to enforce or interpret any of the terms, covenants or conditions hereof or any instrument executed pursuant to this Agreement or by reason of any breach m default hereunder or thereunder, the petty prevailing in any such action or proceeding shall be paid all costs, including reasonable attorneys' fees. D. Binding Agreement. 'Mis Agreement shall be binding on and shall inure to the benefit of the parties named herein and to their respective personal representatives, successors and permitted assigns. This Agreement shall be construed and interpreted according to the laws of the State of North Carolina This Agreement constitutes the entire undertaking between the parties hereto, and supersedes any and all prior agreements, arrangements and understanding between the parties. This Agreement may be amended only by a written agreement executed by all of the parties hereto. Seller -l-» I Purchaser —�A— Page 3 E. Memorandum of AgEmmont Seller hereby authorizes Purchaser to memorialize this Agreement or any portion thereof in the register of deeds where the Property is located and agrees to promptly execute any documentation reasonably required by Purchaser to effectuate the same. Seller Representation Seller warrants to Purchaser as to the following: 1. Seller has the right, power and authority to enter into this contract and to sell the Property in accordance with the leans hereof, and Seller has granted no option to any other person or entity to purchase the Property. 2. The Seller is not involvedlin any bankruptcy, reorganization or insolvency proceeding. 3. There are no parties in possession of the Property or are entitled to possession thereof other than Seller. 4. All taxes, assessments, water charges and sewer charges affecting the Property are current and have been fully paid as billed. 5. Seller has not received notioo of and/or is aware of any suits, judgments or violations of any zoning, building, fire, health, pollution, environmental protection or waste ordinance, code, law or regulations related ito the Property. 6. Except as previously disclosed in writing to Purchaser by Seller, to the best of Seller's knowledge, there are no underground storage tanks, drams and/or any other environmental conditions at the Property: Seller agrees to notify Purchaser within 5 business days if any of the above items change prior to closing. G. Brokers and Comrrrissions. Purchaser and Seller represent and warrant to each other that neither has dealt with a broker, agent or other person in cotmection with this transaction other than Sean Dowell with Dowell Commercial Reality, as Purcbaacr's agent Purchaser's Agent shall be paid 3%from the Purchase Price at closing. Seller and Purchaser shaBi.each indemnify the other against, and shall hold each other harmless Sam, any and all suits, claims, demands, judgments, damages, costs or expenses of or for any fees or commissions which are the responsibility bf the indemnifying party, and shall pay all costs of defending any action or lawsuit brought to recover any fees or commissions incurred by the other, including reasonable attomcys' fees. [Remainder of Page Intentionally Left Blank] Seller PM__ / Puuch2ser k M Page 4 IN WITNESS WHERM- F, the parties Loreto have executed this Agreement as of the day and year firsi above written. Seller: VENTURE PROPERTIES I, LLC, a North Carolina limited liability company By: Name: Martin D. Koon Title: Member Da+e'. ( I C< 20l purchaser. SARI AND ASSOCIATES NC, LLC, a North Carolina ' 'ta ' bTlity w By: Ric C. A ' o, Member /I5-/ZDIq Seller_! Purchaser Q- 7 Page 5 Exhibit A - --------- r'D U& b. Pumh...., 15 2. aUpS 4 II114 " ir 1U-1. 114' lltgl ylJl:41 T"I1Lmgm'224947Ftd ;7 Aq F"! 37 Sq. MI.. 1:251 rem IV O'kk mCllciitNH L. wl(mJrMY Ca a ft stm ft W.Iv, va Im Gu G ,Q It mu.. W,.dkd Seller Purchaser Page 6 NOTICE OF REAL PROPERTY ACQUISITION 7hia Fie-Coutract.4geeriwrrtl (Agrasman) is flu the pwjp y locausl at the following udihmv PIN 4745293585 W U luestcd on Solstice Drnm in Staresrdla Iredell county, NC beiwoen the following parties: 6ty Counq Duyc. Sari and AsawAtes NC, MC Address: 463112 Camlma Circus Wtnsam a Salmi, W. 27104 Seller; Venture Protser6aa 1, L1.0 ! Addrrxs; PD Bna 943 Wilkesboro, NC 28697 Agreement Condltlom The Buyer is sacking federal funds through the Snte of North Carolimh HOME Investment Partnership Program on acquire pmpary owriad by the Sellam eautmet a multifamily rented proJen (Project} In accoMeuee with the requvemmts of the lluifmm Rnloutim nnintance and Ral Property Aegwsitms Policim Act of 1970, m amended, end all rules andlor reguLatiorn irnpicuunted or pmatulgated thneimda, the Seller is hereby notified that: Yolumary Sale 1. This sale is voluntary. The Buyer does not bava the power of cra6iC1 dome, and cannot acquire the propa^y if negotiations fail to result in an alpeanwot. 2. Because this is a voluntary, tansamii u the Buyer will be unable to acquire the property offered for sale if ncgatistiona fail to result in m agrasnmt 3. 7be Buyer will inform the Seger serf the Property%estimated fair trinket value prim to acquisition. 4. White fodael fmids will be used in the acquisition of the Sena'& property, the Seger WD.L NDT be entitled to any relocation bonefrta. 5. Any teoatsr IWIly occupying the property is eligible on reeeive relocation auistance and bcndlta as idattitcd in the Cmforn Relocation Assistance and Ral Property Acquisition Policies ALL of 1970, as amended. Trrwly Nonce, 1. The Seller smhorima the Buyer, the fading agency, or a designated reprmentalive to provide to each resident (if arty) notices required by I{UD'a instructions found in HUD Handbook 1378. 2- The Seller auttaiem The Buyer, thefundhig agency, m s deaigtwted represeruawe to pme ida or pemsit to be provided a notice of dcoial to any panne wino wiebes to apply m became tenant Before signing a lease and commcnei g uocuperwy, the Person must be iafannal of the fallowlog: A. Ifthe Project is fended, the person my be displaced; and, B. The person would our qu&*,, as a'displaced person' no a resultof the Proj=and would therefore not be eligible to receive relocation assistance or bcnd" /? rnrdMraping 1. 71he Seller agrees m provide rho Htrya, Uhe fading egenry, err a daigneted represeraative ire name ahrd adhhas of each resident (if any)L 2. 1he Seller aulhorim the Buyer, tern funding ngmey, a a duigsrnted rapresraaaW e m survey each residwit (if any) m deternvno relocation costs and housing needs. 1 of 2 Seller f UI _ I Purchaser �A Page 7 According to the RealPmpatim AcquWtim Ibiicies let of 1970 with HOME f mds, an activity or %mio of activitim in a HOME anistod projoct duct are integrally related, each msanial to the other, wbot1w or not all of the compnnent aotivilim receive HUD fmaneinl assistance, we subject to HUD's implemmtiug instructions. Agrmneat Amptunce Tke Buyer and Seller undmamd if the conditions of thus Agreana4 are not complied witlL either party may tundnaic the real property sales contract (Conuact) try notifyhhg the other parry by ceniBed road, return -receipt requested. the Contract is terminated. The Buyer and Seller. 1) volwanrily aaept them Agtuunent eorditioa, and 2) agree to outer into a Contract for thu property identlGed in tWa AgrcnnoL yeadum PropeNi`a I, LLC Nmmafr - of Salim Martin D Koon Namo(it Seller¢ is an Entity) Signature of Sella Lfembv Title Date—ei hfai baaecubdomce or aivndtmuwua a the Option or Cotraa San budAmnooufo NC. LM NamWEnity of Buyer RphadC Pummano Mctnbcr Name(1fBuya' tity) Title Stgcahuo of Buyer Date: 0► by-40 1 y Must be ae.uted before a eunultansous to the Option or Contract of 2 scuff _ 7 Ptrrchasa:r R V "t Page 8 AGREEMENT TO PURCHASE REAL ESTATE This Agreement to Purchase Real Estate ("Agreement") is made effective as of the 30dn day of December, 2013 (the "Effective Date"), by and between SARI AND ASSOCIATES NC, LLC, a North Carolina limited liability company, with a mailing address of 463 '/2 Carolina Circle, Winston-Salem, NC 27104 ("Purchaser') and VENTURE PROPERTIES 4 LLC, a North Carolina limited liability company limited partnership, with a mailing address of PO Box 943 Wilkesboro NC 28697 ARTICLE 1. PROPERTY On the terms set forth herein, Purchaser agrees to purchase from Seller, and Seller agrees to sell to Purchaser, that approximate 5.25+/- acre parcel, which parcel is a portion of 11.644+/- acres of real property known as PIN #4745283585,000 which is located on Solstice Drive in Statesville, Iredell County, North Carolina, together with all improvements thereon and appurtenances thereto (the "Property") as shown in Exhibit A, attached. The exact legal description and acreage of the Property shall be determined by the survey described in Article 3, below. Purchaser intends to develop and operate up to sixty four (64) units of multi- family housing and ancillary facilities on the Property (the `Development"). ARTICLE 2. PURCHASE PRICE AND EARNEST MONEY Purchaser shall pay Seller the sum of SIX HUNDRED SIXTY-FOUR THOUSAND AND 00/100 DOLLARS ($664,000.00) (the "Purchase. Price") according to the tense and conditions set forth herein. Within five (5) business days of the Effective Date, Purchaser shall deposit the sum of FIVETHOUSAND AND 00/100 DOLLARS ($5,000.00) as an earnest money deposit which shall be applied to the Purchase Price (the "Barest Money'). The Earnest Money shall be held in an escrow account of THE BROCKMANN LAW FIRM, P.C., as escrow agent (the "Escrow Agent"), and disbursed in accordance with the terms and conditions of this Agreement. Within five (5) business days following the earlier of (i) receipt by Purchaser of a final allocation of sufficient low-income housing tax credits from the North Carolina Housing Finance Agency, and (ii) September 15, 2014 (whichever applies is to be the "Tax Credit Allocation Due), Purchaser shall deposit the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) as an earnest money deposit which shall be applied to the Purchase Price. Upon satisfaction of all of the conditions precedent set forth in Article 3, below, the Earnest Money shall be non-refundable when paid but applied to the Purchase Price. In the event the Purchaser desires to extend the date of closing, dra Purchaser shall have three (3) options to extend the date of closing for sixty (60) days each by depositing an additional sum of FOUR THOUSAND AND 00/100 DOLLARS ($4,000.00) in each instance as an additional earnest money deposit which shall be non-refundable whin paid but applied to the Purchase Price. ARTICLE 3. CONDITIONS PRECEDENT A- Purchaser shall have until September 15, 2014 to complete the following due diligence in regard to the Property to its satisfaction in its sole discretion: 1. Purchaser's receipt, review and approval of: (a) utility will -serve letters confirming that all necessary utilities are available insufficient capacity to service the Development; (b) an engineering report indicating that the soil condition, quality, density and bearing capacity are suitable for the Development; (c) a construction company's estimate of costs to construct the Development based on other due diligence findings, and (d) except as otherwise set forth herein, a zoning letter or report confirming the zoning for the Property will allow Purchaser to develop and operate the Development, and that either (i) no conditional use permit, variance or any other land use permit or approval is necessary for the Development or (ii) any conditional use permit, variance or other land use permits or approvals necessary for the Development have been obtained. Seller / Purchaser _Lv" I 2, Purchaser's determination, that any associated impact fees, utility hook-up or tap -in fees, or any other associated development and/or construction related fees imposed by any applicable governmental authority are acceptable to Purchaser. 3. Purchaser's receipt, review and approval of: (a) a standard commitment for title insurance from a title insurer approved by Purchaser; (b) an environmental report; (c) a boundary survey; and (d) a flood plain certification and a wetland delineation report indicating that the presence of perennial and/or intermittent streams (and their associated buffers), wetlands and/or floodplains will not impede the development or operation of the Development; and (e) the cost for any offsitc facilities required for the development and operation of the Development. 4. Purchaser's receipt of all necessary and customary permits from any and all applicable governmental authorities in order for Purchaser to develop and operate the Development, including those for all necessary utilities, access, building construction, site construction and off -site improvements (such as road widening easements and permits from applicable departments of transportation). 5. Purchaser's receipt of a binding allocation of low-income housing tax credits for the Development from the North Carolina Housing Finance Agency. In the event any condition precedent in this Article 3A is not satisfied by the date specified in this Article 3A, Purchaser shall have the right to terminate the Agreement upon notice to Seller and receive a refund of any refundable Earnest Money, and neither party shall have any further rights or obligations.under the Agreement whatsoever. B. The obligations of Purchaser hereunder are in all respects conditioned upon and subject to the Property being zoned to allow Seller to complete Development without requiring any rezoning ARTICLE 4. CLOSING Closing shall occur on or before December 31, 2014 at the office of Purchaser's attorney or such other venue mutually agreed upon by Purchaser and Scher; provided, however, that Purchaser shall have the right to schedule a closing any time prior thereto on ben (10) days' notice to Seller. Seller shall deliver at closing: (a) general warranty deed conveying the Property to Purchaser (or its designee) subject to those exceptions approved by Purchaser; (b) all easements necessary for the development and operation of the Development; (c) Lion affidavit acceptable to the title. insurer, and (d) such other customary documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transactions contemplated hereby. In addition, in the event required by Purchaser in order to obtain survey coverage in regard to the title policy for, the Property, Seller shall deliver a quit claim deed for the legal description of the Property contained on the ALTA survey descnbed in Article 3, above. Purchaser shall deliver at closing: (a) the remaining balance of the Purchase Price as provided by this Agr=ncnt; and (b) such other documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transaction contemplated hereby. At all times until closing, Seller shall maintain the legal title to the Property free and clear of any and all defects, liens, and encumbrances of every kind and nature (other than deeds of trust that will be released at closing). Purchaser and Seller shall prorate all taxes, income, expenses and costs (if any) related to the Property as of the date of closing. Seller shall pay for the preparation of the deed to the Property, and the North Carolina Real Estate Transfer Tax applicable to the transfer of the Property (if any). Purchaser shall be responsible for the title insurance premium, and the cost of recording the general warranty deed end any other instruments to be recorded under the terms of this Agreement with rasped to the Property. Except as may otherwise be stated herein, each party shall bear its own expense or expenses, including its own attorney fees. Seller !"v _ / Purchaser 1_ I J Page 2 ARTICLE S. DEFAULTS AND REMEDIES In the event the sale of the Property is not closed pursuant to this Agreement due to a default hereunder by Seller or failure of performance hereunder by Seller, then Purchaser shall give Seller written notice specifying Seller's default or failure of performance, and Seller shall have ten (10) business days to cure the default or failure of performance. In the event that Seller fails to cure Seller's default or failure of performance within the ton (10) day period, then.the Earnest Money shall be iuunediately refunded and returned to Purchaser, and, in addition, Purchaser may enforce and exercise its rights and remedies available at law or in equity, including without limitation an action for specific performance of this Agreement. in the event the We of the Property is not closed pursuant to this Agreement due to a default hereunder by Pachasw or failure of performance by Purchaser, then Seller shall give Purchaser written notice specifying Purchaser's default or failure of performance, and Purchaser shall have ten (10) business days to cure the default or failure of performance. In the:event that Purchaser fails to cure Purchaser's default or failure of performance within the tan (10) day period, then the Earnest Money shall be immediately forfeited by Purchaser, and retained by Seller as and for liquidated damages, and as Seller's sole and exclusive remedy; and thence the parties shall have no further rights, duties or obligations hereunder. ARTICLE 6. MISCELLANEOUS A. Access. Within five (5).days of the Effective Date, Seller shall deliver to Purchaser true, correct and complete copies of any tide policies, commitments surveys, plans and specifications, environmental reports or any other documents related to the Property, or any part thereof; which are in Seller's possession or which are readily available to Seller. Seller will allow Purchaser and its agents continuing access at reasonable times to the Property, for the purpose of conducting inspections. Following any such investigations or inspections contemplated by this Agreement, Purchaser shall, at Purchaser's expense, Promptly restore the Property to its condition prior to such inspection or investigation, and Purchaser shall defend, indemnify and hold harmless each Seller -from all costs or expense of every type and description (including reasonable attorney's fees) arising out of any personal injury or property damage caused by any agent, servant, employee or contractor of Purchaser during any such investigation or inspection. B. Notices. Any notice, request, demand, instruction or other document to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be delivered personally or sent by United States registered or certified trail, return receipt requested, postage prepaid, or by overnight express courier, postage prepaid and addressed to the parties at their respective addresses set forth above, and the same shall be effective upon receipt if delivered personally or three (3) business days after deposit in the mails if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. C. Attomey's Fees. In the event either party hereto brings against aty other patty an action at law or other proceeding permitted under the terms of this Agreement in order to enforce or interpret any of the terms, covenants or conditionshereof or any instrument executed pursuant to this Agreement or by reason of any breach or default hereunder or thereunder, the party prevailing in any such action or proceeding shall be paid all costs, including reasonable attorneys' fees. D. Binding Agreement. This Agreement shall be binding on and shall inure to the benefit of the parties named herein and to their respective personal representatives, successors and permitted assigns. This Agreement shall be construed and interpreted according to the laws of the State of North Carolina This Agreement constitutes the, entire undertaking between the parties hereto, and supersedes airy and all prior agreements, arrangements and understanding between the parties. This Agreement may be amended only by a written agreement executed by all of the parties hereto. Seller _I Purchaser k Page E. Memorandum of AgLeemont Seller hereby authorizes Purchaser to memorialize this Agreement or any portion thereof in the register of deeds where the Property is located and agrees to promptly execute any documentation reasonably required by Purchaser to effectuate the same. F. Seller Representatio Seller warrants to Purchaser as to the following: 1. Seller has the right, power mid authority to enter into this contract and to sell the Property in accordance with the terns hereof, and Seller has granted no option to any other person or entity to purchase the Property. 2. The Seller is not involved in any bankruptcy, reorganization or insolvency proceeding. 3. There are no parties in possession of the Property or are entitled to possession thereof other than Seller. 4. All taxes, assessments, water charges and sewer charges affecting the Property are current and have been fully paid as billed. 5. Seller has not received notice of and/or is aware of any suits, judgments or violations of any zoning building, fire, health, pollution, environmental protection or waste ordinance, code, law or regulations related:to the Property. 6. Except as previously disclosed in writing to Purchaser by Seller, to the best of Seller's knowledge, there are no underground storage tanks, drums and/or any other environments] conditions at the Property. Seller agrees to notify Purchaser within 5 business days if any of the above items change prior to closing. G. Brokers and Commissions. Purchaser and Seller represent and warrant to each other that neither has dealt with a broker, agent or other person in connection with this transaction other than Sean Dowell with Dowell Commercial Reality, as Purchaser's agent Purchaser's Agent shall be paid 3% from the Purchase Price at closing. Seller and Purchaser r sh&each indemnify the other against, and shall hold each other harmless from, any and all suits, claims, demands, judgments, damagev, costs or expenses of or for any fees or commissions which are the responsibility of the indemnifying party, and shall pay all costs of defending any action or lawsuit brought to recover any fees or commissions incurred by the other, including reasonable attorneys' fees. [Remainder of Page Intentionally Left Blank] Seller %— / Purclmer k M Page 4 5 IN WPINESS WHERLOP, the parties hereto have executed this Agreement as of the day and year first above written. Seller: VENTURE PROPERTIES I, LLC, a North Carolina limited liability company By: Name: Martin D. Koon Title: Member Purchaser. SARI AND ASSOCIATES NC, LLC, a North Ctuolina ' ' e ' bility cot oif By: Ric ar C. A ' o, Member Da+e I/15"/zQIy Seller_! Purchaser V 1 1 Page 5 I Exhibit A Seller qko be purchawd ieqllmeled 8T 41 4 1 III ILI T�il LamgM; 224!lA I Feet O's 31 A W#EI " �Z 001 & 1:: 251 rem 1. Page 6 NOTICE OF REAL PROPERTY ACQUISITION 'Ibis PreXontraet Agrcaneot (AgrocraaQ is fin the PIN 4745283585 000 Ic nsd on Sciatica Drnro property Ioulod at the fnllow•itg uddresc - in Statesvrlle Iredeb county, NC betwmn the following panic: py County Buyer. San and Aanaiate , NCr LLr Address: 463 M Caroline Ciroie WerMm Salery, W. 27104 Sallee, Vauure Propernes% Id.0 Address PU Beat843 WBOZM, NC 2W. AVvrearent Conditions The Buys is secka g federal foods through the Sore of North Camlirut HONC Inveotmrid Partnership Program o acquire property owned by the Sellcrw concnuct a mullifunity rental project ((4oject} In accordance with the requu®cots of the Uniform Relocation Aautance and Real Property Acquisitions Policies Act of 1970. as amended, and all rule, ardor regalations irrgdmtmwd or prnnrulgared thereunder, the Seller is hereby notified Uu4: Voluntaysoid 1. This sale is voluntary. Ttte Buyer does not have the power of caninel domain and cannot acquire the property if negotiations fail o result in an agreement. 2. Because this is a voluntary era aaclion, the Buyer will be unable to acquire the property oitered far sale if negotiations fail to result in sec agreement 3. 7be Buyer will inform the Seller dthe propwty% estimated fair market value prior to acquisition. 4. While fodaal funds will be mod in Ux eoquisition of the Sorrel', property, On Sella WILL NOlbe entitled to any relocation bonefits. 5. Any recent legally occupying the property is eligible to receive relocation assistance and bcndlts a identified in the Umforne Ralocadon Assi lance and Baal Property Acquiailim Policiu Act of I970. as amended. yllvary Nonce 1. '[be Seller authorise. the Buyer, the floding agency, or a designated reprmentauve to provide to mob reeident (if arty) notice required by HUD's instructions found o HUD Handbook 1378. 2. 7be Seller auUteri2es the Buyer, dw funding agency, or s designated repreacuarive o provide or permit to he provided a notion of dwial to any person who wishm to apply w b000me a tenant Before signs g a (case and eommeocing coeupwwy, We heavens sorest br. ivfumtal of t}w toilowing: A Ifthe Project is funded, the person may be displaced; and. H, lire person ,nerd cot qualify, u a "displaced pms ' a a result of thoProjm end would ll=e non Ml be eligsbk to reactive reoeation assistance or bendm. RamrtlP.mpi.p 1. The Seilar agrees to provide the Buyer, the funding agrncy, or a designated rer aseraative the name nor] addres of each resident (if any)t 2. The Seller authoriam the Buyer, ton funding agency. or a designated representative to survey each resident (if any) o deacroino relocation roars and homing needs. 1 of 2 Seller k r Purchaser " Page 7 Acceding to the RmI properties Aceryuition lVieics Act of 1970 with HOME omit, an activity or serim of xrtivilim in a HOME assistod project that arc integrally rolstsd, mah sm, nIial to the others, wheAla or not nS of the emtponent activities receive HUD tinanoial atsidence, are rubjeet to HUD's implementing insuucdooa. Agnament Acceptance The Buyu and Sella undereland if tut Conditions rf Ills Agtmnad art not complied with, either puny may temninsm the teal property sales contract (Contract) by notifying die oche, party by cenified rudil, return -reed% requested, the Contract is wait -voted The Buyer and Seller. I) volummudy aaept thaaa Agreement conditions, and, 2) agree to tutu into a Comma for Out property idmtiflod in thin Agreetuat. VellImpropelaw i, U.0 NameJEd4 of Salim Mulm D Kenn Nmto (if Sella is anEntity) Signature df &tier Manbv Tnlo Date: I- a -Zl f( Mutt be u=milOd�ba%N nr simnitatawea b the Option u Contract Sdel andAaaooida NC,LLC- Nanm/Broty ofBuya RphasdC Aagutn Norte (VBuyer' City) SS-Wro of B-ye[ Mcmba Title Date: 01 % 15- 201 y Mutt be aan.uttd before or aunuluncow In We Option a Contract '_at2 Seller _ / Pu chttm* R v "' Page 8 Corporations Division Page 1 of 1 North Carollna Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NO 276Z&4X22 M9jW?-2000 Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report .. Corporate Names Legal: Sari and Associates NC, LLC Limited Liability Company Information Sosld: 1352496 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 12/1612013 Fiscal Month: December State of Incorporation: Registered Agent: Sari, James Corporate Addresses Mailing: 463 1/2 Carolina Circle Winston-Salem, NC 27104-3121 Principal Office: 463 112 Carolina Circle Winston-Salem, NC 27104-3121 Reg Office: 463 1/2 Carolina Circle Winston-Salem, NC 27104-3121 Reg Mailing: 463 1/2 Carolina Circle Winston-Salem, NC 27104-3121 Company Officials Managing Member: James Sari 463 1/2 Carolina Circle Winston Salem NC 27104 Member: Richard Angino 463 1/2 Carolina Circle Winston Salem NC 27104 Account Login Register 4 MEMBER ELECTION 010 SARI AND ASSOCIATES NC, LLC Pursuant to the'Operating Agreement of SARI AND ASSOCIATES NC, LLC (the -Company-), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, Richard Angino ("Angino") as a Member of the Company, hereby elects Richard Angino, a North Carolina Resident to be an additional Manager per Angino's rights in the Operating Agreement. This role shall be effective September 23, 2014 and shall continue until Angino elects a different Manager. IN WITNESS WHEREOF, the undersigned, being the Member of the Company, has caused this election to be duly adopte y the Company. � Af� Richard Angino, Member IN WITNESS WHEREOF, the un gned accepts the role as a Manager of the Company. Richard Angino, Individual K� BK 1059PG0535 Prepared by: McElwee & McElwee, Attorneys at Law ./'Return to'. Grantee (jpti37FILED IREDELL COUNTY K EXCISE TAX S YO.Op 01; 30/98 5:00 PPI BkEITA D. BELL NORTH CAROLINA GENERAL WARRAN'fV131EIgf Deeds THIS DEED made this day January, 1998. by and between MINNIE GODREY GILT, by and through her attorney -in -fact, JANE GILL WALKER, Grantor and VENTURE PROPERTIES 1, LLC whose address is 924 Main Street, North Wilkesboro, NC 28659, Grantee. WITNESSETH That the Grantor, for 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, that certain lot or parcel of land situated in Statesville Outside Township, Iredell County, North Carolina, and more particularly described as follows: tiii couatr xc $50 00 SEE ATTACHED EXHIBIT A °101`xtN �pP GHA 1, Real Estate Excise Tax The property hereinabove described was acquired by the Grantor by instnuml9tPD - I lrecord - 211, Page 92 of Iredell County Registry. TO HAVE AND TO HOLD the Grantor's interest in the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements and restrictions of record. IN WITNESS WHEREOF, the Grantor hassether hand and seal, this ,day of January, 1998'. (SEAL) G Minnie Godbey Gill 00.._J L5,u LJ.lk , A-ttCV--'A— ^- FQ x (SEAL) Jane Gill Walker, Anorney-in-Fact STATE OF TENNESSEE $c 11,ZJA,3 COUNTY I, a Notary Public for said County and State, do hereby certify that Jane Gill Welker attorney in fact for Minnie Godbey Gill personally appeared before me this day, and being by me duly sworn, says that he/she executed the foregoing and annexed instrument for and in behalf of Minnie Godbey Gill, and that his/her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of Register of Deeds in the County of Iredell Slate of North Carolina on the 16th day of August, 1991, in Book 827, Page 543 and that this instrument was executed .. under and by virtue of the authority given by said instrument granting hiMher power of attorney. I do further certify that the said Jane Godbcy Gill acknowledged the due execution of the foregoi�g al+b 1y "."•., annexed instrument for the purposes therein expressed for and in behalf of Minnie Godbey Gill. < <� ••'•, %'y •tree h0,� : W Witness my hand and official seal, this the ft day of January, 1998. w :, r� u ^ % Notary Public. My commission expires: f O - a`L - � 0 b1•........ The foregoing Celli to of S(�a�— is certified to be correct. This instrument anal this certificate are duly registere at and nme • nd in the Book nd Pa own on the first page hereof. BRENDA D. BELL By. Register of Deeds for Iredell County U puty I Axsistant Rgjslits BK 1059PS0636 A certain tract or parcel of land containing 76.822 acres, lying and being in Statesville Outside Township, Iredell County, North Carolina, being more particularly described as follows by bearings rotated to Deed North - Deed Book 211, Page 92, Iredell County Registry, as surveyed by Russell N. Vogel, R.L.S., L-3106, on March 18, 1994: BEGINNING on an existing iron pipe, said pipe being a common comer of the land as conveyed to M. Winston and Diane C. Mayhew by deed recorded in Deed Book 729, Page 823, Iredell County Registry, and Kenneth M. Harris by deed recorded in Deed Book 825, Page 327, Iredell County Registry, and running thence with Harris' line South 89° 34' 09" West 1009.81 feet to an existing one-half inch rebar; thence South 89° 36' 59" West 51.80 feet to an existing one-half inch rebar; thence South 891 36' 59" West 107.94 feet to a five -eights inch rebar on the east side of Fourth Creek; thence South 890 36' 59" West 23.31 feet to the center of Fourth Creek; thence with the center of said creek the following eight (8) courses and distances: (1) North 090 36' 48" East 42.99 feet, (2) North 360 02' 09" West 116.32 feet, (3) North 49° 36' 55" West 155.07 feet, (4) North 680 02' 20" West 487.68 feet, (5) North 580 24' 43" West 93.31 feet, (6) North 380 08' 58" West 66.37 feet, (7) North 28° 49' 09" West 165.81 feet, (8) North 28° 20' 06" West 347.56 feet; thence leaving said creek and running with the center of a branch the following thirty-two (32) courses and distances: (1) North 270 44' 30" East 70.01 feet, (2) North 140 12' 06" West 88.90 feet, (3) North 95 11° 29' 22" West 57.57 feet, (4) North 00° 23' 04" East 39.21 feet, (5) South 860 00' 39" East 20. feet, (6) North 281 47' 06" East 63.76 feet, (7) North 201 24' 34" East 135.66 feet, (8) North 70° 51' 26" East 10.00 feet, (9) North 20° 43' 57" East 174.53 feet, (10) North 22° 04' 14" East 30.60 feet, (11) North 240 05' 22" East 156.31 feet, (12) North 380 52' 22" East 91.15 feet, (13) North 080 25' 28" East 22.95 feet, (14) North 271 37' 20" East 38.09 feet, (15) North 66° 39' 33" East 22.82 feet, (16) North 030 33' 52" East 20.49 feet, (17) North 70° 25' 18" East 28.94 feet, (18) North 81° 12' 23" East 54,55 feet, (19) North 82° 35' 23" East 61.86 feet, (20) North 62° 06' 31" East 99.52 feet, (21) North 380 40' 53" East 35.74 feet, (22) North 660 35' 21" East 55.53 feet to a monument set, (23) North 641 02' 44" East 59.19 feet, (24) North 15° 28' 05" West 26.44 feet, (25) North 08° 42' 58" East 33.69 feet, (26) North 470 41' 44" East 69.36 feet, (27) South 81° 19' 1 V East 45.05 feet, (28) North 020 16' 24" East 47.05 feet, (29) North 300 29' 52" East 87.89 feet, (30) North 430 23, 34" West 9.90 feet, (3 1) North 3 V 40' 04" East 60.87 feet, (32) North 25° 00, 01" East 64.21 feet; thence leaving said creek South 871 18' 18" East 13.13 feet to a five -eights inch rebar set; thence South 87° 18' 18" East 1019.14 feet to an existing iron pipe; thence South 01 ° 04' 43" West 651.75 feet to a five -eights inch rebar set at a fence corner; thence North 87° 19' 52" West 488.85 feet; thence South 02° 49 08" West 617.91 feet; thence South 4 V 52' 50" East 103.65 feet; thence South 48° 07' 10" West 142.60 feet; thence South 41° 52' 50" East 243.61 feet; thence North 48° 07' 10" East 192.60 feet; thence South 410 52' 50" East 204.63 feet; thence a curve to the left having a radius of 305.00 feet and a bearing and distance of South 601 59' 41" East 199.74 feet; thence South 80° 06' 31" East 251.87 feet; thence South 03° 39' 10" West 558.41 feet to the point of BEGINNING, containing 76.822 acres by coordinate geometry.