SW8941017_CURRENT PERMIT_20211104

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 gy1011
DOC TYPE
I CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
10Z\\\0L
YYYYMMDD

pr
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
November 4, 2021
NORTH CAROLINA
Environmental Quality
Landfall Ventures, LLC
The Frank Hawkins Kenan 1988, Manager
Attn: Thomas S. Kenan III, Sole Member/Manager
P.O. Box 4150
Chapel Hill, NC 27515
Subject: Permit Renewal
State Stormwater Management Permit No. SW8 941017
Landfall Center Phase II
New Hanover County
Dear Mr. Kenan:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit
will now reference DEMLR as the Division responsible for issuance of the permit.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued
by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current
and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any
stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On
August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years
extension.
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on November 1, 2021. The Division is hereby notifying you that permit SW8 941017 has been
renewed on November 4, 2021, and shall be effective until November 29, 2029, which includes all available
extensions. For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal
application. As requested, a copy of the current operation and maintenance agreement is enclosed. Please keep this
permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different
terms; it merely restates some of the previous terms to provide you with a better understanding of your obligations
under the permit.
The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and conditions of this state stormwater permit. The plans originally approved on January 6, 1995 and most
recently renewed on November 29, 2007, will remain in full force and effect in accordance with the regulations set
forth in Title I SA NCAC 2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish
an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written
petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within
thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a
filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or
via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding.
North Carolina Department of Environmental Quality I DiviSIon of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 941017
Page 2 of 2
If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the
Wilmington Regional Office, at [phone] or [e-mail].
Sincerely,
1 f- ft
5;: Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
EnclosuresAttachment C— Permitting History
Renewal Application Documents
DES/ams: %Stormwater\Permits & Projects\1994\941017 HM2021 11 permit 941017
cc: NCDEQ-DENILR Wilmington Regional Office
110TE — North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
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���^� 9107967215

State Stormwater Management Systems
Permit No SW8 941017
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Landfall Ventures LLC
Landfall Shopping Center Phase 11
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of
15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the
application, approved stormwater management plans, supplement, calculations, operation and
maintenance agreement, recorded documents, specifications, and other supporting data (the
"approved plans and specifications") as attached and/or on file with and approved by the Division of
Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed,
operated and maintained in accordance with these approved plans and specifications. The approved
plans and specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until November 29, 2029 and shall be subject
to the following specified conditions and limitations. The permit issued shall continue in force and
effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H 1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.6 on page 2 of this permit The stormwater control has been designed to
handle the runoff from 696,960 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and
per approved plans.
4. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
Page 1 of 5

State Stormwater Management Systems
Permit No. SW8 941017
The following design criteria have been
maintained at design condition:
a. Drainage Area, acres:
Onsite, ft2.
Offsite, ft2:
b. Total Impervious Surfaces, ft2:
C. Design Storm, inches
d. Pond Depth, feet.
e. TSS removal efficiency.
provided in the wet detention pond and must be
f. Permanent Pool Elevation, FMSL
g. Permanent Pool Surface Area, ft2
h. Permitted Storage Volume, ft3:
i. Temporary Storage Elevation, FMSL:
j. Controlling Orifice:
k. Receiving Stream/River Basin:
I. Stream Index Number:
m. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
17.8
775,368
0
696,960
1
5.5
85%
19.5
33,582
61,476 at temporary pool el
21.2
3"0 pipe
Bradley Creek / Cape Fear
18-87-24-4-(1)
"SC HQW'
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
3. The permittee shall at all time provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch
basins and piping.
Q. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken
5. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification. A modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 941017
8. Access to the stormwater facilities shall be maintained via appropriate easements at all times.
9. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
10. Decorative spray fountains will be allowed in the stormwater treatment system if calculations
are provided documenting the permeant pool volume is greater than 30,000 cubic feet
11, No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc
b. Redesign or addition to the approved amount of BUA or to the drainage area
c Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications
g. Other modifications as determined by the Director.
12. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual
certification completed by either the permittee or their designee confirming the projects
conformance with permit conditions
III. GENERAL CONDITIONS
CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction
PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3)
3. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a
completed Permit Information Update Application Form to the Division within 30 days to
making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project,
C. A mailing address change of the permittee;
Page 3 of 5

State Stormwater Management Systems
Permit No SW8 941017
4. TRANSFER This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved,
iii. A person or entity who has been lawfully and finally divested of title to the property
on which the permitted activity is occurring or will occur through foreclosure,
bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants,
v. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on -site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time schedule to
the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of modified plans and certification in writing to the Director that the
changes have been made.
e. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
Page 4 of 5

State Stormwater Management Systems
Permit No SW8 941017
Permit renewed, updated and reissued this the 4th day of November 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
rl L.J'Y
Qflan�Direct0
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5

Attachment C - Permitting History
Landfall Center Phase II
Permit No. SW8 941017
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
1/6/1995
Original
Approval
10
11/29/2007
Renewal
2.0
11/4/2021
Renewal
3.0

DEMLR USE ONLY
Date Received Fee Paid Permit Number
STATE STORMWATER:
PERMIT INFORMATION UPDATE APPLICATION FORM
There is NO FEE for updating project name or permittee information.
This form is to only to be used by the current permittee to notify the Division of.,
1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA);
2) changes to the mailing address, phone number or email address of the current permittee;
3) changes to the name of the project; and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number: -� W a 9410111
Are you updating
(check all that apply):
If so, please provide the updated information:
❑ Project name
❑ Corporation Name'
Permit Contact Name2,3
A--&14A5 S _ KE-MArJ
ermit Contact Title
, ° L r3 usorE I (f�1Bt� B�N6 K K
❑ Mailing Address'
Phone number
4l4' Ct(o� _ptelg
Email address
ScLi 4-r e, Kr"1 1 /tl yNe-t
Provide documentation such as a Name Change 116erger filed with the NCSOS.
Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance
with 15A NCAC 02H .10400).
If more than one point of contact or mailing address is being changed, please attach a separate sheet.
B. CERTIFICATION OF PERMITTEE
G
TI—a"T
I, —f-Qor+MS S, %'1CA/Anl 11C the current permittee, hereby notify DEMLR that I am making the changes as listed
in Section A above. I further attest that this application for an update to the permit information currently on file is accurate
and complete to the best of my knowledge.
Signature: MMIA
I, `
County o`t
,o�\S P.
per appea
ei tto n
(yotary See*
9q
Notar�S/S)�ttt�H�,
My commission expires
_, a Notary Public for the State of ,/ 10 /q (al r I L/ JL)Q�
do hereby certify that ��lll))Q 0 l�p/jtaiz, Lx:
me this the CXC day of a7 olel/ 20g_L, and acknowledge the due
trument. Witness my hand and official seal,
z r NOV 01 2021
Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017

a

r m�'.+;s.:.:.. .ei#:::.^..a--`�F;'*ti1
�RVd. :.-Q'DEMLR!USE ONL•Y',,&,!:�`az.?*7;G.;."^-..�?i,S;xa�:;`"s.��. ',;;u;.'h`a „ua�a "",:'.,:1;
Date ec ived
Fee Paid
Permit Number
5 505—s
vig 16
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: J W
2. Project name: L4NpFAL)- CEr
3. Project street address: 19 aO 'D AYs VA L.E —tyQ 7
City: w'Cr_rlru6TofJ County
4. What, if any, changes have been made to the project as permitted?
ZIP:
If the project has changed from the original approved plans, please complete SWU-101 fora Major
Modification or Minor Modification Application form available at: https://deg.nc.gov/abouUdivisions/energy-
mineral-la nd-resources/energy-m ineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: I-AA)DffFL.L— I/UUTr/�CtS
2. Signing Official's Name:
3. Signing Official's Title: N
4. Mailing Address:
City: c u P
5. Street Address:
City: (-NE
6. Phone: (4Vl l )I
P.O. Sox '{ISO
Email:
l ` K6T
KAFi
y ftT- apt i
L ZIP: ?c$�
State: /VC. ZIP: VLSI?
NOV 0 1 2021
BY-•
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial, each item below to indicate that the required information is provided in the application package:
1. A permit application processing fee of $505.00 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
4. 0&M Agreements, Please select one:
❑ I have a copy of the current recorded 0&M Agreement for all SCMs, and I will continue to
/ keep this on file with the permit; or
[� I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
!K. 5. DeK' ner Certifications, Please select one:
(g A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/bv title/ Business Registration
Stormwater Permit Renewal Application Form Page 2 of 3
NOV 01 2021
BY:
2018

D. PERMITTEE'S CERTIFICATION
/ Ho.W9S S AeAIA4 2Z: , the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct -and
,�/
complete,
Signature: TWA` L Date: Ocl'-A 9 goAl
NOTARIZATION:
OL (_pit.B-Clir/./a/ - , County of
that /
this thaMuzirg� day of Y//O 4<C '
t�\ S
On•of.IrTe going instrument. Witness my hand and official seal,
'�_OTAR)'
""'ninuiunt ` l�SJGs No
My commission expires C1�„ ! �,1� , 21.0
a Notary Public for the State of
do hereby certify
personally appeared before me
20 Z / , and acknowledge the due
T .+•. I
a—z iLv a--
NOV 01 2021
BY:
Storrnwater Permit Renewal Application Form ' Page 3 of 3 May 11, 2018

4 State Stormwater Management Systems
11 . . _ Permit number SW8
WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin and inlet piping, pretreatment including
forebays and the vegetated filter where provided, and outlet pipe where discharging to infiltration basin or
other stormwater system
Maintenance activities shall be performed as follows.
1 After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition
Check and clear the orifice [or other inlet/outlet pipe where applicable] of any obstructions such that
drawdown of the pond occurs as designed.
Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i e catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning. Clear discharge piping of sediment or other build-up to ensure the pond
empties as designed.
Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see d;agram below) Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i e. stockpiling near a wet detention basin or stream, etc.) Do not allow the sediment build-up to exceed
the level of discharge pipe to the infiltration basin
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.
When the permanent pool depth reads "7" feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2 feet in the forebay [and micro -pool], the sediment shall
be removed. [where applicable]
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation
Sediment moval El. 75 /o
-----vation------------ °Sediment Removal Elevation 75 /o
Bottom
_____________________________________________ ___ o
E__
� 5%
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These
plants shall be encouraged to grow along the vegetated shelf and forebay berm where applicable
Page i of 2

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{ .1
State Stormwater Management Systems
Permit number SW8
6 If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical
7 All components of the wet detention basin system shall be maintained in good working order.
8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All
accumulated sediment and debris shall be removed from the structure, and a level elevation shall be
maintained across the entire flow spreading structure Any down gradient erosion must be repaired
and/or replanted as necessary.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name
Title 1:�K
Address
Phone:
Signature
Date.
Note: The legally responsible party should not be a homeowners association unless more than 50% of the
!ots have been sold and a resident of the subdivision has been named thepresident
I, WALTFzRpA, How 52-, a Notary Public for the State of / oyz i ChRDL IAA,
County of OGE , do hereby certify that Tom 't. Q—/ZAk -A
personally appeared before me this 3 day of AV,&yA5r , 200% , and acknowledge the due
execution of the forgoing wet [wetland] detention basin maintenance requirements Witness my hand and
official seal,
SEAL
My commission expires
File http //h2o enr state nc us/ncwetlands/oandm doc
S \wqs\stormwater\forms\oandmwet basin.doc
Page 2 of 2

T6 9(foal t7111 S 19t,
State Stormwater Management Systems
Permit No. SW8 941017
Fine Feathers
Stormwater Permit No. SW8 941017
New Hanover County
Engineer's Certification
1, Phillip G. Tripp , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically/weeklyg;i4 imo) the construction of the project,
Fine Feathers
(Proj ect)
for John Graham/Frank H. KenanEstdtroject Owner) hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the project construction such that the construction was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specification:
TWO *4
SEAL
Signature
�'/Ip/11111111\\ �
Registration Number 17374 5�$
Date AI/IsIIs
nECEIVE
�IVn((JJ( JAN 2 01998 D
E IVY

b UUt�
i" aL
Mailed Tp
i 9 5 7
0 1 0 0
Prepared by: John A. McLendon, Jr., Schell Bray Aycock Abel &
Livingston L.L.P., P.O. Box 21847, Greensboro, NC 27420
NORTH CAROLINA DECLARATION OF RESTRICTIVE COVENANTS
FOR OUT -PARCEL LOTS 5E, 5F AND 5G
NEW HANOVER COUNTY OF LANDFALL CENTER SECTION 1-A
THIS DECLARATION OF RESTRICTIVE COVENANTS is made on this
the 13 day of November, 1995, by FRANK H. KENAN, a resident of
Durham County, North Carolina (the "Declarant").
000154
Declarant is the owner of the Out -Parcels, as hereinafter
defined. Declarant is also the owner of Lots 5A and 5B, as
hereinafter defined, which have been or will be developed for
commercial, restaurant, service and retail uses. Declarant
wishes to ensure the proper use, development and improvement of
each such property so as to protect owners and occupants thereof
by restricting the uses of the Out -Parcels for purposes
consistent with the overall development of the properties and by
encouraging the erection of attractive, harmonious, permanent
improvements appropriately located on the Out -Parcels.
The Out -Parcels are subject to the Center Declaration, as
hereinafter defined. Consistent with his general development
plans, Declarant wishes to impose additional restrictions upon
the Out -Parcels. Declarant therefore hereby declares that the
Out -Parcels shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and
desirability of the Out -Parcels and adjacent properties owned by
Declarant. The restrictions, covenants and conditions contained
in this instrument are intended to impose requirements and/or
standards that are more stringent than or in addition to the
conditions contained in the Center Declaration, and are not
intended to amend or replace the Center Declaration.
These easements, restrictions, covenants and conditions shall
run with the real property and be binding on all parties now or
hereafter having any right, title or interest in the Out -Parcels
or any part thereof, their heirs, successors and assigns.
1. DEFINITIONS. The following terms as used in this
Declaration shall have the meanings given herein:
(a) "Building" shall mean and include, but shall not be
limited to, both the main portion of a structure built for
permanent use and all projections or extensions thereof,
including but not limited to outside platforms and decks,
canopies, porches and outbuildings.

GC.,3I;
1957
P,' C E
0101
(b) "Center" shall refer to Landfall Center Section 1A,
as shown on a plat recorded in Map Book 29, Page 16, New Hanover
County Registry.
(c) "Center Declaration" shall mean that certain
Declaration of Restrictions, Conditions, Easements, Covenants,
Agreements, Liens and Charges For Landfall Center, Section 1A,
which is recorded in Book 1431, Page 382, New Hanover County
Registry, as amended.
(d) "Declarant" shall mean the original Declarant,
Frank H. Kenan, and his successors in fee simple title to Lots 5A
and 5B.
(e) "Improvements" shall mean and include, but shall
not be limited to, Buildings, roads and driveways (other than
those dedicated to public use), parking areas, fences, screening
walls, retaining walls, loading areas, signs, utilities, lawns,
landscaping, irrigation and walkways located on the Out -Parcels,
together with any construction work or treatment done or applied
to the Out -Parcels in connection therewith.
(f) "Lots 5A and 5B" shall refer to, inclusively: (i)
Lot 5A, Landfall Center Section 1A, as shown on a plat recorded
in Map Book 29, Page 60, New Hanover County Registry; and (ii)
Lot 5B, as shown on a plat entitled "Landfall Center Section 1-A,
Resubdivision of Lot 5B," which is recorded in Map Book 34,
Page 298, New Hanover County Registry.
(g) "Occupant" shall mean any person or entity who
occupies, or who has the right to occupy, all or a part of the
Out -Parcels, whether such occupancy or right of occupancy is
based on ownership, lease, license or easement.
(h) "Out-Parcel(s)" shall mean Lots 5E, 5F and 5G as
shown on a plat entitled "Landfall Center Section 1-A,
Resubdivision of Lot 5B," which is recorded in Map Book 34,
Page 298, New Hanover County Registry (Lots 5E, 5F and 5G are
hereinafter referred to individually as an "Out -Parcel" and
collectively as the "Out -Parcels").
(i) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
any portion of the Out -Parcels, including contract sellers, but
excluding those having such interest merely as security for the
performance of an obligation.
2. ARCHITECTURAL CONTROL.
Section 1. Architectural Control. Declarant shall exercise
the architectural control rights set out in this Article 2 and
the regulation of uses and other restrictions set out in
Article 3 of this Declaration.
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195"1 0102
Section 2. Purpose. Declarant shall regulate the external
design, appearance, use, location and maintenance of the
Out -Parcels and of Improvements thereon in such a manner so as to
preserve and enhance the values of the Out -Parcels and of Lots 5A
and 5B, and to maintain a harmonious relationship among
structures and the natural vegetation and topography.
Section 3. Conditions. No improvements, landscaping,
grading alterations, repairs, change of paint colors,
excavations, changes in grade or other work which in any way
alters the Out -Parcels or the exterior of any Improvements shall
be made or done without the prior written approval of Declarant.
No Improvement or other structure shall be commenced, erected,
altered in exterior appearance or removed without the prior
written approval of Declarant.
Section 4. Procedures. Any person desiring to construct any
Improvement, or make any alteration or change described in
Section 3 above shall submit the plans and specifications
therefor, showing the nature, kind, shape, height, materials and
location of the same, to Declarant, who shall evaluate such plans
and specifications in light of the purpose of this Article as set
forth in Section 2 of this Article. In the event Declarant fails
to approve, modify or disapprove in writing any plans and
specifications within sixty (60) days after the complete plans
and specifications have been submitted to him, approval will not
be required and this Article will be deemed to have been fully
complied with. All such Improvements, alterations and changes
shall be constructed and installed in conformity with the plans
and specifications approved by Declarant in every respect,
including but not limited to the size, placement and orientation
of such Improvements and the setback lines shown on such approved
plans and specifications.
Section 5. Design Guidelines. No Building located on an
Out -Parcel shall exceed one (1) story (twenty (20) feet) in
height, measured from the finished floor elevation to the top of
the highest Building protrusion, including, without limitation,
roof -mounted equipment, decorative screening and other such
appurtenances. The exterior of any Building constructed on an
Out -Parcel shall be of antique white stucco or brick, as approved
by Declarant. The roof of the Building (other than a flat roof
approved by Declarant) shall be of clay tile, concrete tile or
other material approved by Declarant. All lawn areas within the
Out -Parcels shall be sodded. Landscaping and grading on the
Out -Parcels shall be done pursuant to landscape and grading plans
approved by Declarant. All grassed and landscaped areas must be
served by underground irrigation systems, the plans for which
must be reviewed and approved in writing by Declarant. No
tropical plants shall be allowed to be planted on the Out -Parcels.
Declarant, in his sole discretion, may approve variances on a
case -by -case basis from the Design Guidelines contained in this
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1957 0103
Declaration, the restrictions set out in Article 3 of this
Declaration, or any additional design guidelines established by
Declarant.
3. USE AND IMPROVEMENTS: RESTRICTIONS.
Section 1. Land Use. Any Building constructed on an
Out -Parcel may be used only for the following purposes:
"quality" sit-down restaurants (such as Shoney's, Red Lobster or
Sizzler), financial, institutional or office facilities, or such
retail facilities as are commonly located in or appurtenant to
shopping centers similar to the Center. Without limiting the
generality of the foregoing restrictions, without the prior
written consent of Declarant, no Out -Parcels may be used for: (i)
a supermarket or for the sale of packaged or fresh seafood, meat,
poultry, produce or vegetables for off -premises consumption; (ii)
a manufacturing facility; (iii) a veterinary treatment or care
facility; or (iv) a mens' or womens' retail clothing store.
Section 2. Recombination and Subdivision of Out -Parcels.
The boundary lines of the Out -Parcels shall not be changed
without the prior written consent of Declarant. No Out -Parcel
shall be combined with another Out -Parcel or any other adjacent
property in such a manner as to create a "strip" of buildings
which cross the common boundary line of such properties, unless,
with Declarant's prior written consent and the approval of
appropriate governmental authorities, one (1) Building is
constructed upon both properties for use and occupancy by one (1)
business entity. No Out -Parcel shall be further subdivided from
that shown on the recorded plat of the Out -Parcels without the
prior written consent of Declarant. Any boundary adjustment,
recombination or subdivision agreed to by Declarant shall meet
all applicable requirements of New Hanover County.
Section 3. Improvements, Specifications and Restrictions.
(a) Temporary Structures. No temporary buildings or
other temporary structures shall be permitted on the Out -Parcels;
however, trailers, temporary buildings, barricades and the like
shall be permitted for construction purposes during the
construction period of a permanent Building. Such structures
shall be placed as inconspicuously as possible and shall be
removed not later than fourteen (14) days after the date of
completion or date or occupancy of the Building, whichever first
occurs, in connection with which the temporary structure was
used, unless a variance is granted by Declarant.
(b) Area, Yard and Height Requirements. All
Improvements shall have, at a minimum, the area, yard and height
requirements provided in the applicable zoning ordinances of New
Hanover County, and as required under the Center Declaration. In
addition, Declarant may impose more stringent requirements from
time to time as he deems desirable, and such requirements shall
apply prospectively.
JAM143/102495

1957 0i0`t
(c) Site Placement. The Building and other
Improvements shall be placed so that the existing topography and
landscape shall be disturbed as little as possible, and so that
the maximum number of desirable trees and other natural features
will be preserved. Written permission must be obtained from
Declarant before removal of trees or other natural features.
(d) Parking. Loading and Unloading Areas. No parking
shall be permitted on any street or drive, or on any place other
than in paved parking spaces within each Out -Parcel, as shown on
parking plans and specifications approved by Declarant. There
shall be constructed within each Out -Parcel self-supporting
parking maintained at the greater of: (i) a ratio of not less
than five (5) parking spaces for full-sized American automobiles
for each one thousand (1,000) square feet of heated floor space
in the Building(s) located on such Out -Parcel; or (ii) the number
of automobile parking spaces as required by applicable law.
During any period of time that fee title to Out -Parcel Lots 5F
and 5G is held by the same Owner, the number of parking spaces
located within said Lot 5F and Lot 5G may be combined for the
purpose of meeting the foregoing parking requirements.
Each Owner and Occupant shall be responsible for proper
parking by its employees, patrons, suppliers and visitors, and
shall be subject to the sanctions referred to in Section 3(r) of
this Article 3 for any parking violations committed by its
employees, patrons, suppliers or visitors.
Loading areas shall be located as approved by
Declarant. All loading areas shall be screened as well as
practicable from view by the use of earth berms or landscaping
materials, as approved in writing by Declarant. Loading docks
shall be set back and screened to minimize the effect of their
appearance from streets and/or neighboring property.
(e) Service Screening, Storage Areas. Garbage and
refuse containers shall be concealed and contained within the
Building(s) on each Out -Parcel, or shall be concealed by means of
a screening wall of material similar to and compatible with that
of the Building. These elements shall be integral with the
concept of the Building plan, be designated so as not to attract
attention, and shall be located in the most inconspicuous manner
possible. Unless specifically approved in writing by Declarant,
no materials, supplies or equipment shall be stored in any area
on the Out -Parcels except such areas so that they are not visible
from neighboring properties or public streets. No wooden screens
shall be permitted.
(f) Drives, Curbs and Walks. All drives, curbs and
walks contained within an Out -Parcel shall be constructed and
altered in accordance with plans and specifications submitted to
and approved in writing by Declarant. Pavement markings,
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JAM143/102495

1957 0105
directional signs and other traffic indicators within an
Out -Parcel shall be substantially similar to those on Lots 5A and
5B and shall provide a traffic scheme compatible with that of
Lots 5A and 5B.
(g) Landscaping. Any buffer areas and other
undeveloped portions of an Out -Parcel shall be grassed and/or
landscaped with trees, shrubs or suitable ground cover in a
uniform manner, consistent with the landscaping on Lots 5A and 5B
and in accordance with plans and specifications submitted to and
approved by Declarant. Initial landscaping, as approved, shall
be installed within sixty (60) days of occupancy or completion,
whichever occurs first, of the Building surrounded by such
landscaping.
(h) Exterior Materials, Colors. Finish buildings
materials shall be applied to all sides of a Building. Colors
shall be harmonious and compatible with colors of the natural
surroundings and other nearby buildings. Declarant shall have
the right to approve or disapprove such exterior materials and
colors.
(i) Signs. No signs of any type shall be allowed to be
erected on an Out -Parcel without the prior written consent of
Declarant as to the size, material and location of such signs.
Without limiting the generality of Declarant's approval rights,
the following specific provisions shall apply to signs erected
upon the Out -Parcels: painted lettering, symbols or
identification of any nature shall not be permitted; no flashing,
blinking, moving, animated or audible signs of any kind shall be
permitted; no exposed wiring, conduits, tubing, lamps, ballast
boxes or raceways will be permitted; all cabinets, conductors,
transformers, ballasts, attached devices and other equipment
shall be concealed from view; the advertising or informative
content of all signs shall be limited to letters designating the
name of the business establishment and/or the type of business
establishment (which designation may be generally descriptive and
may include specification of the services rendered or the
merchandise offered for sale therein) and may contain advertising
devices, slogans, symbols or marks.
A maximum of one (1) Building -mounted sign may be
attached to any Building which is readily visible to the public
from only one direction. Any Building which is readily visible
to the public from more than one direction may have a maximum of
two (2) Building -mounted signs, which signs shall be located on
separate walls or faces of the Building. The length of a
Building -mounted sign shall not exceed the lesser of (i) forth
percent (40%) of the length of the wall or facade upon which such
sign is mounted or (ii) thirty feet (30'). No Building -mounted
sign shall exceed thirty-six inches (36") in height. No
Building -mounted sign, nor any portion thereof, may project above
the parapet wall or top of the exterior wall or Building facade
upon which it is mounted.
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;957 0106
(j) Utilities. Mechanical Equipment, Roof Projection.
All mechanical equipment, utility meters and storage tanks shall
be located in such a manner so as not to be visible to the
general public or from other properties. If concealment within a
Building is not possible, then such utility elements shall be
concealed by screening.
All lines connecting Improvements on an Out -Parcel to
basic utility service (including but not limited to electrical
service, telephone and cable television services) shall be
located underground, unless an exception is approved in writing
by Declarant. No transformer, electric or gas meter or other
facilities or apparatus of any type shall be located on any power
pole or hung on the outside of any Building, but same.may be
placed on or below the soil surface, and where so placed, shall
be adequately screened from view. No on -site septic system or
sanitary sewer treatment facility shall be permitted on the
Out -Parcels.
Large items such as air conditioning, ventilating or
other mechanical equipment shall be screened or enclosed in such
manner as to mask such equipment. If this is impossible or
impractical, such elements shall be organized in an orderly
manner in accordance with written approval of Declarant. Roof
projections shall be compatible with the Building.
All screens shall be constructed of the same primary
material as the Building adjacent to such screen.
(k) Nuisances, Pollutants, Firearms. No oil drilling,
quarrying or mining, or any noxious or offensive trades, services
or activities shall be conducted on the Out -Parcels, nor shall
anything be done thereon which may be or become an annoyance or
nuisance to neighboring property owners or to any Occupants by
reason of unsightliness or excessive emission of fumes, odors,
glare, vibration, gases, radiation, dust, liquid wastes, smoke or
noise. Discharging of firearms and hunting of any type are
prohibited within the Out -Parcels.
(1) Exterior Lighting. Exterior lighting on each
Out -Parcel shall be designed, erected, altered and maintained in
accordance with lighting plans and specifications submitted to
and approved in writing by Declarant.
(m) Open Fires. Open fires of any type within the
Out -Parcels are expressly prohibited unless approved in writing
by Declarant.
(n) Exterior Aerials and Discs. Exterior radio and
television aerials or dishes or discs for reception of commercial
broadcasts shall not be permitted on the Out -Parcels, unless
approved in writing by Declarant. No other aerials (for example,
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JAM143/102495

3C;;: : P._c
957 0 10 7
without limitation, amateur short wave or ship to shore aerials)
shall be permitted on the Out -Parcels, unless approved in writing
by Declarant.
(o) Maintenance. The Owner of each Out -Parcel shall be
responsible for keeping such Out -Parcel (whether or not
improved), Building and other Improvements in a safe, clean, neat
and orderly condition and shall prevent rubbish from accumulating
on the Out -Parcel. Landscaping of the Out -Parcel shall be
maintained by the Owner to standards consistent with landscaping
maintenance on Lots 5A and 5B, as determined by Declarant, in his
sole discretion.
(p) Commencement and Completion of Construction. A
building permit must be obtained and construction commenced as to
a Building within six (6) months from the date Declarant approves
the plans for such Building, or approval of such plans will be
deemed to have expired and the Owner will be required to resubmit
to Declarant all plans and specifications for approval. A
Building shall be completed in accordance with approved plans and
specifications and a certificate of occupancy issued therefor
within twelve (12) months from the date a building permit is
issued for such Building. In the event any Building is not so
completed within the requisite time period, the Owner shall pay
to Declarant a fine of $500.00 per day for each day the Building
is incomplete following the date required for completion;
provided, however, that Declarant, in his sole discretion, may
extend the required completion date for any Building by a written
extension agreement executed by Declarant.
(q) Repair or Removal of Improvements. Any
Improvements on an Out -Parcel damaged in whole or in part by
casualty, fire, windstorm or from any other cause, must be
promptly restored or all debris removed and the Out -Parcel
restored to a sightly condition. Such rebuilding or removal of
debris shall be completed within three (3) months from the date
of the casualty unless a written extension is granted by
Declarant.
(r) Violations. By purchasing an Out -Parcel or by
leasing premises located on an Out -Parcel, each Owner and
Occupant binds itself, its heirs, successors and assigns, to pay
to Declarant the actual cost to cure any violation of this
Declaration, together with liquidated damages of ten percent
(10%) of such cost.
(s) Additional Restrictions. During the term of this
Declaration, any additional restrictions imposed of record as to
the Out -Parcels must be first approved in writing by Declarant
before becoming effective. Such approval must be evidenced by
the joinder of Declarant on such restrictions.
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JAM143/102495

GO," A1, nr
n'a L
1957 0108
4. STORMWATER RUN-OFF.
(a) Drainage System. Pursuant to a plan prepared by The
John R. McAdams Company, Inc., which plan is designated
"Stormwater Certification #SW8941017" of the North Carolina
Environmental Management Commission, Division of Environmental
Management, Declarant has installed a drainage system (the
"Drainage System") consisting of catch basins and underground
stormwater drainage pipes located on and under the Out -Parcels
and Lots 5A and 5B, leading to a stormwater detention pond
located on Lots 5A and 5B (the "Lot 5A/5B Pond"). Another
detention pond, which is also part of the Drainage System, has
been constructed on Out -Parcel Lot 5G (the "Lot 5G Pond").
(b) Easement for Use. Declarant hereby grants to the
Owner of each Out -Parcel, its successors and assigns, a
perpetual, non-exclusive right and easement to discharge the
stormwater run-off from such Out -Parcel through the Drainage
System and into the Lot 5A/5B Pond. Declarant hereby grants to
the Owner of Out -Parcel Lot 5F, its successors and assigns, a
perpetual, non-exclusive right and easement to discharge surface
stormwater runoff from Out -Parcel Lot 5F onto Out -Parcel Lot 5G
and into the Drainage System (including the Lot 5G Pond). The
easements hereby granted are appurtenant to and shall run with
the Out -Parcels and shall bind and inure to the benefit of the
respective Owners of the Out -Parcels, forever.
(c) Declarant's Maintenance Obligations. Declarant
shall be responsible for the maintenance, repair and replacement
of those portions of the Drainage System which are located within
and under Lots 5A and 5B, except to the extent that such
maintenance, repair or replacement results from the negligent or
intentional act or omission of the Owner or Occupants of an
Out -Parcel, their agents, employees or invitees.
(d) Out -Parcel Lot 5E Maintenance Obligations. The
Owner of Out -Parcel Lot 5E shall be responsible for the
maintenance, repair and replacement of those portions of the
Drainage System which are located within and under such
Out -Parcel. All expenses of such maintenance, repair and
replacement shall be the sole responsibility of such Owner.
(e) Out -Parcel Lots 5F and 5G Maintenance Obligations.
The Owner(s) of Out -Parcel Lots 5F and 5G shall be responsible
for the maintenance, repair and replacement of those portions of
the Drainage System which are located within and under such
Out -Parcels, including the Lot 5G Pond. All expenses of such
maintenance, repair and replacement shall be the sole
responsibility of the Owner(s) of Out -Parcel Lots 5F and 5G,
which expenses shall be allocated on a pro rata basis according
to the surface area of each such Out -Parcel divided by the total
surface area of the two Out -Parcels combined.
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5. COVENANT FOR ROAD EXPENSES: ASSESSMENT. Each Owner of an
Out -Parcel, by acceptance of a deed therefor, whether or not it
shall be so expressed in such deed, is deemed to covenant and
agree to pay to Declarant, his heirs, successors and assigns, on
an annual basis, such Owner's share of the maintenance expenses
relating to a private roadway located within the Center leading
from Drysdale Drive to Eastwood Road, which is designated as 1130'
Access Easement" on recorded plats of the Center (the "Road").
The maintenance expenses relating to such road shall include all
costs of paving and repair, street cleaning and now and/or ice
removal over and upon the entire length of the Road within the
Center, and such other costs and expenses relating to the Road as
Declarant may deem necessary or desirable ("Road Expenses"). The
Owners' shares of the Road Expenses shall be a percentage of the
Road Expenses (which is 12.85% for Lot 5E; 23.20% for Lots 5F and
5G combined) (the "Owner's Expense Share"), which percentage was
determined by a formula, the numerator of which is the number of
linear feet of each Out -Parcel fronting the Road (198.76 linear
feet for Lot 5E; 359.12 linear feet for Lots 5F and 5G combined),
and the denominator of which is the total linear footage of the
Road (1,547.98 linear feet). The total Owner's Expense Share for
Out -Parcel Lots 5F and 5G shall be allocated between said
Out -Parcels on a pro rata basis according to the surface area of
each such Out -Parcel divided by the total surface area of the two
Out -Parcels combined. Within sixty (60) days of the end of each
calendar year, Declarant shall furnish to each Owner a statement
of all of the Road Expenses incurred by Declarant during such
calendar year. Such statement shall be accompanied by copies of
invoices, if any, which Declarant has received for Road
Expenses. Such statement shall state the amount of the Owner's
Expense Share. Each Owner shall pay its Owner's Expense Share to
Declarant at the address specified in such statement within
thirty (30) days following its receipt of such statement.
In the event of the nonpayment by an Owner of its share of
the Road Expenses, or in the event of Owner nonpayment for
violations of this Declaration as required under Article 3,
Section 3(r) of this Declaration, all such charges, together with
interest at the highest rate allowed by law, costs and reasonable
attorneys' fees, shall be a charge on such Owner's Out-Parcel(s),
and shall be a continuing lien upon such Out-Parcel(s). Each
such charge shall also be the personal obligation of the Owner of
such Out-Parcel(s) at the time the charge became due. Declarant
may bring an action against said Owner, or may foreclose the lien
created herein against such Out-Parcel(s) in the same manner
prescribed by the laws of the State of North Carolina for the
foreclosure of deeds of trust, and interest, costs and reasonable
attorneys' fees for representation of Declarant shall be added to
the amount of such charge.
6. RESERVATION OF RIGHT OF FIRST REFUSAL. Declarant hereby
reserves a right of first refusal as to the Out -Parcels and any
portion thereof, and each Owner of an Out -Parcel, by acceptance
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i 9 5 7 0110
of a deed therefor, whether or not it shall be so expressed in
such deed, acknowledges the rights of Declarant reserved herein.
In the event that the Owner of an Out -Parcel receives an offer to
sell such Out -Parcel or any portion thereof, the Owner shall give
written notice of such offer to Declarant, which notice shall set
out all relevant terms of the offer. Declarant shall have sixty
(60) days following receipt of such notice to notify the Owner in
writing of his election to exercise the right to purchase such
Out -Parcel, by matching the terms of such offer in all respects
except as to the date of closing. Declarant shall have thirty
(30) days following notification of his election to exercise such
right of first refusal to close on the acquisition of the
Out -Parcel. This right of first refusal shall be effective until
the date which is twenty-one (21) years following the recordation
of this Declaration.
7. MAXIMUM BUILT -UPON SURFACE AREA. No more than ninety
percent (90%) of the gross square footage of each Out -Parcel,
including any portion of road right-of-way located between the
edge of pavement and the front lot line of such Out -Parcel, shall
be covered by impervious structures including asphalt, gravel,
concrete, brick, stone, slate or similar materials, not including
wood decking or the water surface of swimming pools. This
covenant is intended to ensure continued compliance with
stormwater runoff rules adopted by the State of North Carolina
and therefore may be enforced by the State of North Carolina.
The covenant may not be changed or deleted without the consent of
the State. No Owner of an Out -Parcel is allowed to pipe or fill
in any swale used to meet the stormwater regulations. The State
of North Carolina is specifically designated as the beneficiary
of the covenants contained in this Article 7, and these covenants
may not be rescinded or altered without written permission from
the State's Division of Environmental Management.
8. COVENANTS RUN WITH THE LAND; AMENDMENTS. The restrictive
covenants contained in this Declaration shall run with the land
and shall be binding on the Owner(s) of the Out -Parcels, all
Occupants thereof, and all persons claiming under them, forever;
provided that the first refusal right reserved in Article 6 above
shall have the duration specified therefor in Article 6. Any
amendments to this Declaration must be consented to in writing by
Declarant and by the then Owner(s) of the Out -Parcels) expressly
affected by such amendment. An amendment that expressly affects
less than all of the Out -Parcels shall not require the consent of
any Owner of an Out -Parcel that is not expressly affected
thereby. Any amendment to Article 7 must be consented to by the
State of North Carolina Division of Environmental Management.
Any amendments shall be effective upon the proper recording of
same in the New Hanover County Registry.
9. ENFORCEMENT. In addition to the remedies provided in
Article 3, Section 3(r) and in Article 5 of this Declaration,
enforcement of the covenants contained herein shall be by
-11-
JAM143/102495

1957
0111
proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant, either to
restrain violation or to recover damages. Declarant, his heirs,
successors and assigns, shall have standing to enforce these
covenants and shall be entitled to reimbursement for his costs
and expenses (including reasonable attorneys' fees) in a
successful enforcement action, where allowed by law. The State
of North Carolina shall have standing to enforce the covenants
contained in Article 7.
10. SEVERABILITY. Invalidation of any one of the covenants
contained herein by judgment or court order shall not affect any
of the other provisions, which shall remain in full force and
effect.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and
seal, this the day and year first above written.
FRANK
FR NK H. KENAN
STATE OF NORTH /C/,AROLINA
COUNTY OF A1LrAn//Q/1"✓
I, a Notary Public of the County and State aforesaid, certify
that Frank H. Kenan personally came before me this day and
acknowledged the execution of the foregoing instrument.
ss my hand and official seal, this I3*1- day of `i%grxLc. ,
w &L) `:
c;Mtlmission expires:
-702.000
JD Vt, ED
t,.^y DOTS
„ t,iSTER Or DEEDS
NEVY HANOYER CO. NO
'95 NOU 28 PM 2 90
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Annex tificate(s) of
Notary (Notaries) Public is/ are certified
to be correct.. 4�
This the .�LQ day of
ary Sue oots, Reg ster deeds
by
-12-
JAM143/102495

a�
Prepared by and return to Pamela D. Duncan, Schell Bray Aycock
Abel & Livingston L.L.P., P. O. Box 21847, Greensboro, NC 27420
SOOK1859 e,:-F 731
NORTH CAROLINA
NEW HANOVER COUNTY
of aTHESE RESTRICTIVE
i�z_, 1995,
County, North Carolina
0001-28
5._ , S
OF DEEDS
:..:I;,NOVE, 00. NO
RESTRICTIVE COVENANTS
95 f1P, 4 3 Ptil 12 07 �r
COVENANTS are made this the day
by FRANK H. KENAN, a resident of Durham
(the "Declarant").
W I T N E S S E T H:
Declarant is the owner of the property shown as Lot 5D on a
plat entitled "Landfall Center Section 1-A, Resubdivision of Lot
5B," which is recorded in Map Book Sc-t , Page � of the New
Hanover County Registry (the "Property").
Declarant is also the owner of other properties located
adjacent to the Property, which have been developed and which he
will develop for commercial, restaurant, service and retail
uses. In his development of the adjacent properties, and in
connection with the sale of properties (including the Property)
for development by others, Declarant wishes to ensure the proper
use, development and improvement of each such property so as to
protect owners and occupants thereof by restricting the uses of
such properties for purposes consistent with the overall
development of the properties and by encouraging the erection of
attractive, harmonious, permanent improvements appropriately
located within all such properties.
The Property is also subject to a Declaration of Restrictions
recorded in Book 1431, Page 0382 of the New Hanover County
Registry, as amended from time to time (the "Center
Declaration"), which Declaration was imposed on the Property and
on adjacent properties by a previous owner of such properties.
Consistent with his general development plans, Declarant wishes
to impose additional restrictions upon the Property and certain
adjacent properties owned by him. Declarant therefore hereby
declares that the Property described above shall be held, sold
and conveyed subject to the following easements, restrictions,
covenants and conditions, which are for the purpose of protecting
the value and desirability of the Property and adjacent
properties now or formerly owned by Declarant. The restrictions,
covenants and conditions contained in this instrument are
intended to impose requirements and/or standards that are more
stringent than or are imposed in addition to the conditions
contained in the Center Declaration, and are not intended to
remove or replace the Center Declaration.
FHK/Landfall Shopping Center RFTL•RPJEDTO
Outparcel Restrictions/PD01883 V,. �.(.� CptjDeY
The Pantry Parcel flC' 1 1
�iIolzc4- 76lf

BOOK1859 PACE 732
These easements, restrictions, covenants and conditions shall
run with the real property and be binding on all parties now or
hereafter having any right, title or interest in the Property or
any part thereof, their heirs, successors and assigns, and shall
inure to the benefit of each Owner thereof, its successors and
assigns.
1. DEFINITIONS. The following terms as used in this
Declaration shall have the meanings given herein:
a) "Building" shall mean and include, but shall not be
limited to, both the main portion of a structure built for
permanent use and all projections or extensions thereof,
including but not limited to outside platforms and decks,
canopies, porches and outbuildings.
b) "Center" shall refer to all that property designated as
(i) Lot 5A, Landfall Center, as shown on a plat recorded in Map
Book 29, Page 60; and (ii) Lot 5B, Landfall Center, as shown on a
plat recorded in Map Book 31, Page 369, both of the New Hanover
County Registry, of which the Property is a part.
c) "Improvements" shall mean and include, but shall not be
limited to, Buildings, roads and driveways (other than those
dedicated to public use), parking areas, fences, screening walls,
retaining walls, loading areas, signs, utilities, lawns,
landscaping, irrigation and walkways located on the Property,
together with any construction work or treatment done or applied
to the Property in connection therewith.
d) "Occupant" shall mean any person or entity who occupies,
or who has the right to occupy, all or a part of the Property,
whether such occupancy or right of occupancy is based on
ownership, lease, license or easement.
e) "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
any portion of the Property, including contract sellers, but
excluding those having such interest merely as security for the
performance of an obligation.
2. ARCHITECTURAL CONTROL.
Section 1. Architectural Control. Declarant, or his
successor in title to Lot 5A, Landfall Center, shall exercise the
architectural control rights set out in this Paragraph 2 and the
regulation of uses and other restrictions set out in Paragraph 3
of this Declaration.
Section 2. Purpose. Declarant shall regulate the external
design, appearance, use, location and maintenance of the Property
and of Improvements thereon in such a manner so as to preserve
and enhance the values of the Property and of the adjacent
properties now or formerly owned by Declarant, and to maintain a
harmonious relationship among structures and the natural
vegetation and topography.
-2-

BOOic1659 PAGE 733
Section 3. Conditions. No Improvements, landscaping,
grading alterations, repairs, change of paint colors,
excavations, changes in grade or other work which in any way
alters the Property or the exterior of any Improvements from its
natural or improved state existing on the date the Property was
conveyed in fee by the Declarant, shall be made or done without
the prior written approval of Declarant. No Improvement or other
structure shall be commenced, erected, altered in exterior
appearance or removed without the prior written approval of
Declarant.
Section 4. Procedures. Any person desiring to construct any
Improvement, or make any alteration or change described in
Section 3 above shall submit the plans and specifications
therefor, showing the nature, kind, shape, height, materials and
location of the same, to Declarant, who shall evaluate such plans
and specifications in light of the purpose of this Paragraph as
set forth in Section 2 of this Paragraph. In the event Declarant
fails to approve, modify or disapprove in writing any plans and
specifications within sixty (60) days after the complete plans
and specifications have been submitted to it, approval will not
be required and this Paragraph will be deemed to have been fully
complied with. All such Improvements, alterations and changes
shall be constructed and installed in conformity with the plans
and specifications approved by Declarant in every respect,
including but not limited to the size, placement and orientation
of such Improvements and the setback lines shown on such approved
plans and specifications.
Section 5. Design Guidelines. No Building located on the
Property shall exceed one (1) story (twenty (20) feet) in height,
measured from the finished floor elevation to the top of the
highest Building protrusion, including, without limitation,
roof -mounted equipment, decorative screening and other such
appurtenances. The exterior of the Building constructed within
the Property shall be of antique white stucco or brick, as
approved by Declarant. The roof on a Building (other than a flat
roof approved by Declarant) shall be of clay tile, concrete tile
or other material approved by Declarant. All lawn areas within
the Property shall be sodded. Landscaping and grading within the
Property shall be done pursuant to the landscape and grading
plans approved by Declarant. All grassed and landscaped areas
must be served by underground irrigation systems, the plans for
which must be reviewed and approved in writing by Declarant. No
tropical plants shall be allowed to be planted within the
Property.
Declarant, in his sole discretion, may approve variances on a
case -by -case basis from the Design Guidelines contained in this
Declaration, the restrictions set out in Paragraph 3 of this
Declaration, or the additional design guidelines established by
Declarant.

sood859 PAGE 734
3. USE AND IMPROVEMENTS; RESTRICTIONS.
Section 1. Land Use. Without the prior written consent of
Declarant or his successor in title to the Center, no portion of
the Property shall be used except as a site for one (1) Building
housing a convenience food store with the sale of (i) gasoline;
(ii) alcoholic beverages for off -premises consumption; and (iii)
certain "fast food" products (as set out below). The Owner may
sell its own in-house brand of "fast food" products or may enter
into a franchise or rental arrangement with any one (1) of the
following for the preparation and sale of "fast food" products:
Hot Stuff Pizza; Taco Bell; Baskin -Robbins; Bojangles; Subway; or
such other "fast food" franchisor or lessee as Declarant shall
approve in advance in writing. No more than twenty-five percent
(25%) of gross in-store sales space shall be devoted to the
preparation and sale of such "fast food" products.
In the event Owner fails to limit such "fast food" operation
as provided above, Declarant shall give written notice to Owner
of the violation, and Owner shall have thirty (30) days from its
receipt of such notice to bring its operation into compliance
with the provisions of this paragraph. In the event Owner fails
to cure the defect within the above -stated time period, Declarant
shall be entitled, without the joinder of Owner, to amend these
Restrictive Covenants to prohibit the sale of any "fast food"
products within the Property, and shall also be entitled to
utilize the enforcement provisions set out in Paragraph 10 of
these Covenants to restrain further violations of this Section,
to enforce the amended Covenants and/or to recover damages for
violations of this Section.
Without limiting the generality of the foregoing
restrictions, without the prior written consent of Declarant or
his successor in title to the Center, no portion of the Property
may be used as: (i) a supermarket or for the sale of packaged or
fresh seafood, meat, poultry, produce or vegetables for
off -premises consumption; (ii) a manufacturing facility; (iii) a
veterinary treatment or care facility; or (iv) a mens' or womens'
retail clothing store.
Section 2. Recombination and Subdivision of Property. The
Property shall not be combined with any other property in such a
manner as to create a "strip" of buildings which cross the common
boundary line of such properties, unless, with Declarant's prior
written consent and the approval of appropriate governmental
authorities, one (1) Building is constructed upon both the
Property and adjacent property for use and occupancy by one (1)
business entity. No portion of the Property shall be further
subdivided from that shown on the recorded plat(s) of the
Property without the prior written consent of Declarant. Any
recombination or subdivision agreed to by Declarant shall meet
all applicable requirements of New Hanover County.

BOA859 PAGE 735
Section 3. Improvements, Specifications and Restrictions.
(a) Temporary Structures. No temporary buildings or other
temporary structures shall be permitted on the Property; however,
trailers, temporary buildings, barricades and the like shall be
permitted for construction purposes during the construction
period of a permanent Building. Such structures shall be placed
as inconspicuously as possible and shall be removed not later
than fourteen (14) days after the date of completion or date or
occupancy of the Building, whichever first occurs, in connection
with which the temporary structure was used, unless a variance is
granted by Declarant.
(b) Area. Yard and Height Requirements. All Improvements
shall have, at a minimum, the area, yard and height requirements
provided in the applicable zoning ordinances of New Hanover
County, North Carolina, and as required under the Center
Declaration. In addition, Declarant may impose more stringent
requirements from time to time as he deems desirable, and such
requirements shall apply prospectively.
(c) Site Placement. The Building and other Improvements
shall be placed so that the existing topography and landscape
shall be disturbed as little as possible, and so that the maximum
number of desirable trees and other natural features will be
preserved. Written permission must be obtained from Declarant
before removal of trees or other natural features.
(d) Parking, Loading and Unloading Areas. No parking shall
be permitted on any street or drive, or on any place other than
in paved parking spaces within the Property, as shown on parking
plans and specifications approved by Declarant. There shall be
constructed within the Property self-supporting parking
maintained at the greater of (i) a ratio of not less than five
(5) parking spaces for full-sized American automobiles for each
one thousand (1,000) square feet of heated floor space in the
Building; or (ii) the number of automobile parking spaces as
required by applicable law. Each Owner and Occupant shall be
responsible for proper parking by its employees, patrons,
suppliers and visitors, and shall be subject to the sanctions
referred to in subparagraph 3(s) of this Paragraph 3 for any
parking violations committed by its employees, patrons, suppliers
or visitors.
. Loading areas shall be located as approved by Declarant. All
loading areas shall be screened as well as practicable from view
by the use of earth berms or landscaping materials, as approved
in writing by Declarant. Loading docks shall be set back and
screened to minimize the effect of their appearance from streets
and/or neighboring property.
(e) Service Screening, Storage Areas. Garbage and refuse
containers shall be concealed and contained within the Building,
or shall be concealed by means of a screening wall of material
similar to and compatible with that of the Building. These
-5-

BOOKiS59 PAGE 736
elements shall be integral with the concept of the Building plan,
be designed so as not to attract attention, and shall be located
in the most inconspicuous manner possible. Unless specifically
approved in writing by Declarant, no materials, supplies or
equipment shall be stored in any area on the Property except
inside a closed Building, or behind a visual barrier screening
such areas so that they are not visible from neighboring
properties or public streets. No wooden screens shall be
permitted.
(f) Drives, Curbs and Walks. All drives, curbs and walks
contained within the Property shall be constructed and altered in
accordance with plans and specifications submitted to and
approved in writing by Declarant. Pavement markings, directional
signs and other traffic indicators within the Property shall be
substantially similar to those in the Center and shall provide a
traffic scheme compatible with that of the Center.
(g) Landscaping. Any buffer areas and other undeveloped
portions of the Property shall be grassed and/or landscaped with
trees, shrubs or suitable ground cover in a uniform manner,
consistent with the landscaping in the Center and in accordance
with plans and specifications submitted to and approved by
Declarant. Initial landscaping, as approved, shall be installed
within sixty (60) days of occupancy or completion, whichever
occurs first, of the Building surrounded by such landscaping.
(h) Exterior Materials, Colors. Finish building materials
shall be applied to all sides of a Building. Colors shall be
harmonious and compatible with colors of the natural surroundings
and other nearby buildings. Declarant shall have the right to
approve or disapprove such exterior materials and colors.
(i) Signs. No signs of any type shall be allowed to be
erected on the Property without the prior written consent of
Declarant as to the size, material and location of such signs.
Without limiting the generality of Declarant's approval rights,
the following specific provisions shall apply to signs erected
upon the Property: painted lettering, symbols or identification
or any nature shall not be permitted; no flashing, blinking,
moving, animated or audible signs of any kind shall be permitted;
no exposed wiring, conduits, tubing, lamps, ballast boxes or
raceways will be permitted; all cabinets, conductors,
transformers, ballasts, attachment devices and other equipment
shall be concealed from view; the advertising or informative
content of all signs shall be limited to letters designating the
name of the business establishment and/or the type of business
establishment (which designation may be generally descriptive and
may include specification of the services rendered or the
merchandise offered for sale therein) and may contain advertising
devices, slogans, symbols or marks.
A maximum of one (1) Building -mounted sign may be attached to
any Building which is readily visible to the public from only one
direction. Any Building which is readily visible to the public
-6-

BoA859 PAGE 737
from more than one direction may have a maximum of two (2)
Building -mounted signs, which signs shall be located on separate
walls or faces of the Building. The length of a Building -mounted
sign shall not exceed the lesser of (i) forty percent (40%) of
the length of the wall or facade upon which such sign is mounted
or (ii) thirty feet (30'). No Building -mounted sign shall exceed
thirty-six inches (36") in height. No Building -mounted sign, nor
any portion thereof, may project above the parapet wall or top of
the exterior wall or Building facade upon which it is mounted.
(j) Utilities, Mechanical Equipment, Roof Projection. All
mechanical equipment, utility meters and storage tanks shall be
located in such a manner so as not to be visible to the general
public or from other properties. If concealment within a
Building is not possible, then such utility elements shall be
concealed by screening.
All lines connecting Improvements within the Property to
basic utility service (including but not limited to electrical
service, telephone and cable television services) shall be
located underground unless an exception is approved in writing by
Declarant. No transformer, electric or gas meter or other
facilities or apparatus of any type shall be located on any power
pole or hung on the outside of any Building, but same may be
placed on or below the soil surface, and where so placed, shall
be adequately screened from view.
No on -site septic system or sanitary sewer treatment facility
shall be permitted on the Property.
Large items such as air conditioning, ventilating or other
mechanical equipment shall be screened or enclosed in such manner
as to mask such equipment. If this is impossible or impractical,
such elements shall be organized in an orderly manner in
accordance with written approval of Declarant. Roof projections
shall be compatible with the Building.
All screens shall be constructed of the same primary material
as the Building adjacent to such screen.
(k) Stormwater Runoff. The Owner of the Property shall be
responsible for the installation and maintenance of a stormwater
drainage system (including catch basins and drainage lines and
pipes) adequate for stormwater drainage within the Property. All
stormwater drainage lines shall be installed underground; no open
ditches will be permitted within the Property.
(1) Nuisances, Pollutants, Firearms. No oil drilling,
quarrying or mining, or any noxious or offensive trades, services
or activities shall be conducted on the Property, nor shall
anything be done thereon which may be or become an annoyance or
nuisance to neighboring property owners or to the Occupants by
reason of unsightliness or excessive emission of fumes, odors,
glare, vibration, gases, radiation, dust, liquid wastes, smoke or
noise. Discharging of firearms and hunting of any type are
prohibited within the Property.
-7-

BoodS59 PAGE 738
(m) Exterior Lighting. Exterior lighting within the
Property shall be designed, erected, altered and maintained in
accordance with lighting plans and specifications submitted to
and approved in writing by Declarant.
(n) Open Fires. Open fires of any type within the Property
are expressly prohibited unless approved in writing by Declarant.
(o) Exterior Aerials and Discs. Exterior radio and
television aerials or dishes or discs for reception of commercial
broadcasts shall not be permitted within the Property. No other
aerials (for example, without limitation, amateur short wave or
ship to shore aerials) shall be permitted within the Property.
(p) Maintenance. The Owner of the Property shall be
responsible for keeping the Property (whether or not improved),
Building and other Improvements in a safe, clean, neat and
orderly condition and shall prevent rubbish from accumulating on
the Property. Landscaping of the Property shall be maintained by
the Owner to standards consistent with landscaping maintenance in
the Center, as determined by Declarant, in his sole discretion.
(q) Commencement and Completion of Construction. A building
permit must be obtained and construction commenced as to a
Building within six (6) months from the date Declarant approves
the plans for such Building, or approval of such plans will be
deemed to have expired and the Owner will be required to resubmit
to Declarant all plans and specifications for approval. A
Building shall be completed in accordance with approved plans and
specifications and a certificate of occupancy issued therefor
within twelve (12) months from the date a building permit is
issued for such Building. In the event any Building is not so
completed within the requisite time period, the Owner shall pay
to Declarant a fine of $500.00 per day for each day the Building
is incomplete following the date required for completion;
provided, however, that Declarant in his sole discretion, may
extend the required completion date for any Building by a written
extension agreement executed by Declarant.
(r) Repair or Removal of Improvements. Any Improvement
damaged in whole or in part by casualty, fire, windstorm or from
any other cause, must be promptly restored or all debris removed
and the Property restored to a sightly condition. Such
rebuilding or removal of debris shall be completed within three
(3) months from the date of the casualty unless a written
extension is granted by Declarant.
(s) Violations. By purchasing the Property or by leasing
premises located within the Property, each Owner and Occupant
binds itself, its successors and assigns, to pay to Declarant the
actual cost to cure any violation of this Declaration, together
with liquidated damages of ten percent (10%) of such cost.
-8-

Bo0k-1859 PAGE 7,39
(t) Additional Restrictions. During the term of these
Covenants, any additional restrictions imposed of record as to
the Property must be first approved in writing by Declarant
before becoming effective. Such approval must be evidenced by
the joinder of Declarant on such restrictions.
4. RESERVATION OF SIGN EASEMENT. Declarant hereby reserves
for himself, his heirs, successors and assigns, specifically
including his successors in title to the Center, a perpetual
right and easement to erect and maintain a sign for the Center
within and upon the Property, in the area designated as "Sign
Easement" on the plat of the Property recorded in Map Book -99,
Page -R23 of the New Hanover County Registry. The size, content
and appearance of the sign shall be as determined by Declarant.
This easement and right shall include the right to enter onto the
Property as shall be necessary to erect and maintain the sign,
and the right to cut any trees, bushes or shrubbery on the
Property which interfere with or restrict the visibility of the
sign from public streets. All expenses relating to installation
and maintenance of the sign shall be borne by Declarant and his
successors in title to the Center. The easement hereby reserved
is appurtenant to and shall run with the Property and the Center
benefitted thereby, forever.
5. STORMWATER RUN-OFF: SYSTEM INSTALLATION AND MAINTENANCE;
EASEMENT FOR USE. The Owner of the Property shall be responsible
for the initial installation of underground stormwater drainage
pipes (the "Drainage Pipes") leading from the Property across and
under the Center to a catch basin located at a place in the
Center shown on a plan prepared by The John R. McAdams Company,
Inc., which plan is designated "Stormwater Certification
#SW8941017" of the North Carolina Environmental Management
Commission, Division of Environmental Management (the "Catch
Basin"). The Catch Basin will be connected by a drainage system
(the "Center Drainage System") to a stormwater detention pond
which has been or will be constructed and maintained within the
Center (the "Pond"). The Drainage Pipes shall be of such
material, size and capacity and installed in such locations as
are approved in writing by Declarant. In installing the Drainage
Pipes, the Owner shall be responsible for repairing and/or
replacing any resulting damage to soil, grassed areas,
landscaping, streets, driveways or parking areas within the
Center. Following installation of the Drainage Pipes: (i) the
Owner of the Property shall be responsible for the maintenance,
repair and replacement of any portion of the Drainage Pipes which
are located within and under the Property; and (ii) the Declarant
and his successors in title to the Center shall be responsible
for the maintenance, repair and replacement of those portions of
the Drainage Pipes which are located within and under the Center,
except to the extent that such maintenance, repair or replacement
is necessitated by the negligent or intentional act or omission
of the Owner or Occupant of the Property, their agents, employees
or invitees. All installation, maintenance, repair and
replacement costs relating to the Catch Basin, the Center
Drainage System and the Pond shall be borne by Declarant and his

sou;;1,659 PnGE 74o
successors in title to the Center, and no Owner or Occupant of
the Property shall be required to share in the expenses of
installation, maintenance, repair or replacement of the Catch
Basin, the Center Drainage System or the Pond, except to the
extent that any maintenance, repair or replacement expense
results from the negligent or intentional act or omission of such
Owner or Occupant, their agents, employees or invitees.
Declarant hereby grants to the Owner of the Property, its
successors and assigns, a perpetual, non-exclusive right and
easement to discharge the stormwater run-off from the Property
through the Drainage Pipes, the Catch Basin and the Center
Drainage System into the Pond. The easement hereby granted is
appurtenant to and shall run with the Property and the Center and
shall bind and inure to the benefit of the respective owners of
such properties, forever.
6. COVENANT FOR ROAD EXPENSES; ASSESSMENT. Each Owner of
the Property, by acceptance of a deed therefor, whether or not it
shall be so expressed in such deed, is deemed to covenant and
agree to pay to Declarant, his heirs, successors and assigns,
specifically including his successor in title to Lot 5A of
Landfall Center, on an annual basis, such Owner's share of the
maintenance expenses relating to a private roadway located within
the Center leading from Drysdale Drive to Eastwood Road, which is
designated as "30' Access Easement" on recorded plats of the
Center (the "Road"). The maintenance expenses relating to such
road shall include all costs of paving and repair, street
cleaning and snow and/or ice removal over and upon the entire
length of the Road within the Center, and such other costs and
expenses relating to the Road as Declarant may deem necessary or
desirable ("Road Expenses"). Owner's share of the Road Expenses
shall be 12.27% of the Road Expenses (the "Owner's Expense
Share), which percentage was determined by a formula, the
numerator of which is the number of linear feet of the Property
fronting the Road (190 linear feet), and the denominator of which
is the total linear footage of the Road (1,547.98 linear feet).
Within sixty (60) days of the end of each calendar year,
Declarant shall furnish to Owner a statement of all of the Road
Expenses incurred by Declarant during such calendar year. Such
statement shall be accompanied by invoices, if any, which
Declarant has received for Road Expenses. Such statement shall
state the amount of the Owner's Expense Share. Owner shall.pay
its Owner's Expense Share to Owner at the address specified in
such statement within thirty (30) days following its receipt of
such statement.
In the event of the nonpayment by Owner of its share of the
Road Expenses, or in the event of Owner's nonpayment for
violations of this Declaration as required under Paragraph 3,
Section 3(s) of this Declaration, all such charges, together with
interest at the highest rate allowed by law, costs and reasonable
attorneys fees, shall be a charge on the Property, and shall be a
continuing lien upon the Property. Each such charge shall also
be the personal obligation of the Owner of the Property at the
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500 559 PAGE 74l
time the charge became due. Declarant may bring an action
against said Owner, or may foreclose the lien created herein
against the Property in the same manner prescribed by the laws of
the State of North Carolina for the foreclosures of deeds of
trust, and interest, costs and reasonable attorneys fees for
representation of Declarant shall be added to the amount of such
charge.
7. RESERVATION OF RIGHT OF FIRST REFUSAL. Declarant hereby
reserves for himself and his successors in title to the Center a
right of first refusal as to the Property and any portion
thereof, and each Owner of the Property, by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed,
acknowledges the rights of Declarant reserved herein. In the
event the Owner of the Property receives an offer to sell the
Property or any portion thereof, Owner shall give written notice
of such offer to Declarant or his successor in title to the
Center, which notice shall set out all relevant terms of the
offer. Declarant, or his successor in title to the Center, shall
have sixty (60) days following receipt of such notice to notify
Owner in writing of his election to exercise the right to
purchase the Property, by matching the terms of such offer in all
respects except as to the date of closing. Declarant, or his
successor in title to the Center, shall have thirty (30) days
following notification of his election to exercise such right of
first refusal to close on the acquisition of the Property.
This right of first refusal shall be effective until the date
which is twenty-one (21) years following the recordation of these
Restrictive Covenants.
8. MAXIMUM BUILT -UPON SURFACE AREA. No more than ninety
percent (90%) of the gross square footage of the Property,
including any portion of road right-of-way located between the
edge of pavement and the front lot line of the Property, shall be
covered by impervious structures including asphalt, gravel,
concrete, brick, stone, slate or similar materials, not including
wood decking or the water surface of swimming pools. This
covenant is intended to ensure continued compliance with
stormwater runoff rules adopted by the State of North Carolina
and therefore its benefits may be enforced by the State of North
Carolina. The covenant may not be changed or deleted without the
consent of the State. No Owner of the Property is allowed to
pipe or fill in any swale used to meet the stormwater
regulations. The State of North Carolina is specifically
designated as the beneficiary of the covenant contained in this
Paragraph 8, and this covenant may not be rescinded or altered
without written permission from the State's Division of
Environmental Management.
9. COVENANTS RUN WITH THE LAND; AMENDMENTS. These
Restrictive Covenants shall run with the land and shall be
binding on the Owner(s) of the Property, all Occupants thereof,
and all persons claiming under them, forever; provided that the
first refusal right reserved in Paragraph 7 above shall have the
-11-

sooniS59 PACE 743.
duration specified therefor in Paragraph 7. Any amendments to
these Restrictive Covenants must be consented to in writing by
Declarant and by the then Owner of the Property. Any amendment
to Paragraph 8 must be consented to by the State's Division of
Environmental Management. Any amendments shall be effective upon
the proper recording of same in the New Hanover Country Registry.
10. ENFORCEMENT. In addition to the remedies provided in
Paragraph 3, Section 3(s) and in Paragraph 6 of these Restrictive
Covenants, enforcement of these Covenants shall be by proceedings
at law or in equity against any person or persons violating or
attempting to violate any covenant, either to restrain violation
or to recover damages. Declarant, his heirs, successors and
assigns, including but not limited to his successors in title to
the Center, shall have standing to enforce these Covenants and
shall be entitled to reimbursement for his costs and expenses
(including reasonable attorneys fees) in a successful enforcement
action, where allowed by law. The State of North Carolina shall
have standing to enforce the covenants contained in Paragraph 8.
11. SEVERAHILITY. Invalidation of any one of these Covenants
by judgment or court order shall not affect any of the other
provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has caused these presents to be
executed and his seal hereto affixed, this the day and year first
above written.
12:�JV-6;L— (SEAL)
FRANK H. KENAN
NORTH CAROLINA, COUNTY OF V4C6-x-
I, a Notary Public of the County and State aforesaid, certify
that Frank H. Kenan personally came before me this day and
executed the foregoing instrument.
Witness my hand and official stamp or seal, this L-r— day of
1995.
R,n
Notary ublic
G" 'ion expires:
>r �••:;^; _ ,�;_:,;;. _ STATE OF NORTH CAROLINA
New Hanover County
•' The Foregoing/ Annexed Certificate(s) of
eN
OT'ARY STAMP/SEAL)
PHYLLIS P. SNOW
Notary (Notaries) Public is/ are certified
to be correct.
r
—12_ This the 03�day of MARCH 19g�
�\Mary Sue Oots, g,�1 gister of de d
Y eputy/-Ava 6nt