20221552 Ver 1_CAMA Application_20221102

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: P & G Investments LLC
LOCATION OF PROJECT SITE: The project is located adjacent to Brices Creek near
Shoreview Drive within Stillwater Harbor subdivision in New Bern, Craven County.
Latitude: 3514'2.76"N Longitude: 7713'22.47"W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — numerous
Was Applicant or Agent Present —Yes
Photos Taken — No
PROCESSING PROCEDURE: Application Received — cc: 10/5/22
Office — MHC
SITE DESCRIPTION:
(A) Local Land Use Plan. — City of New Bern
Land Classification from LUP —Rural w/services
(B) AEC(s) Involved: PTA
(C) Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment: Existing — municipal sewer
Planned -none
(F) Type of Development: Existing — residential subdivision, shoreline stabilization,
and community 10-slip docking facility
Planned -community 100-slip marina
(G) Estimated Annual Rate of Erosion: NIA
Source — NIA
HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED
(A) Open Water IF IL 561090 ft2 incorp
(E) Total Area Disturbed: 56,090 ft2
(F) Primary Nursery Area: No
(G) Water Classification: C; Sw, NSW Open: No
(H) Cultural Resources: None
Proiect Summary: The applicants wish to expand the existing community docking
facility within Brices Creek basin for community use adjacent to the Stillwater
Harbour subdivision near New Bern, Craven County.

Field Investigation Report:
P&G Investments LLC
Page 2
Narrative Description:
(This proposal is to renew State Permit #98-09. It was issued on July 10, 2009. It authorized a
subdivision and a 100-slip community marina. It expired on June 23, 2017)
The proposal is within a basin that connects to Brice Creek adjacent to Shoreview Drive near New
Bern, Craven County. This property is currently developed with a residential subdivision, shoreline
stabilization, and a 10-slip docking facility. This proposal is for private community use.
The elevation of the high ground on the property is approximately 9' above the normal water level.
Vegetation on the property mainly consists of lawn grasses, shrubs, and ornamental trees. There is
approximately 2,900' of total shoreline on these three common parcels within the subdivision.
Water depths in the project area range from Aff to —6.0' nwl. The subaqueous substrate is firm
without shell. There is not a Federal Channel in the nearby vicinity of the project area: There is not a
cultural resource in the project area. This basin is approximately 600' across at this location. These
estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation is not
present within the project area. This waterbody is closed to shellfish harvest and is classified as C;
Sw, NSW. This proposal is located within the Neuse River basin.
Proposed Development:
The applicant is proposing to expand the existing community docking facility in order to support a
total of one hundred boat slips within this basin that connects to Brices Creek. This proposal is
adjacent to Shoreview Drive of the Stillwater Harbor subdivision near New Bern, Craven County.
This proposed 100-slip marina would be for private community use.
The applicant is proposing to construct three docking facilities (A -dock, B-dock, & C-dock) within
the subdivision, each one would be on separate common lots for community use, totaling 100 boat
slips. A -dock would be located on the north side.of the basin and would support 24 boat slips. B-
lock would be approximately 400' to the southeast, where the current 10-slip docking facility is now.
B-dock would support 60 boat slips. C-dock would be approximately 200' south of A -dock and
would support 16 boat slips.
A -dock would have an 8' by 400' access pier parallel to the shoreline. There would be 13 finger piers
to accommodate the 24 wet slips. Each finger pier would be 3' by 30' with two pilings between each
finger to define the boat slips.
B-dock would have two 8' by 420' main access platforms parallel to the shoreline and each other.
There would be thirty finger piers to accommodate the 60 wet slips. Each finger pier would be 3' by
30' with two tie pilings between the boat slips.
C-dock would have an 8' by 223' main access pier parallel to the shoreline of the basin. There would
be 9 finger piers to accommodate the 16 wet slips. Each finger pier would be 3' by 30' with two tie
pilings between the piers.
Brad Connell November 2, 2022 Morehead City

Field Investigation Report:
P&G Investments LLC
Page 3
Anticipated Impacts:
This proposed 100-slip marina was previously authorized via CAMA Major Permit #98-09. This
request is to renew that portion of that authorization. No changes are being proposed at this time. The
proposed marina would serve the Stillwater Harbor subdivision for private/community use. This
marina would extend approximately 140' waterward. This basin adjacent to Brices Creek is
approximately 600' across at this location. The proposed marina would usurp 56,090 square feet of
Public Trust area.
Traditional marine construction methodology would be utilized during the construction of this
project. Turbidity impacts are not anticipated during the construction activities within Brices Creek.
This waterbody is not classified as a Primary Nursery Area. There is no SAV present within the
project area. This waterbody is closed to shellfish harvest. There is not a Federal Channel in the
nearby vicinity of the project area.
Brad Connell November 2, 2022 Morehead City

September 29, 2022
Project Narrative:
The project is an existing community that was based on water access along with available boat slips for the
property owners. The YOA maintains the docks and the BOA maintains the common areas and the
community in whole. We have provided a map indicating the wetland areas and are not impacting any with
the proposed work. All the stormwater and erosion control for the development have been in place and
certified years earlier. We are applying for the 90 boat slips, maintained and owned by the Stillwater Harbor
YOA.
A seoping meeting was held on February 17, 2022, at 9:30am by Webex. The attendees were as follows:
Dwayne Brabble, D&E Developments, LLC
Raleigh Bland, USACE
Kathryn Matthews, USFWS
Brad Connell, Coastal Management
Gregg Bodnar, Coastal Management
Chris Pullinger, DWR-401
Lyn Hardison, NCDEQ
One thing that was determined in the meeting was that there should be a survey for Sensitive Joint Vetch, a
type of fern that if present in the area, could be affected and would determine further action needed. The
survey was done by Three Oaks Surveying and the report is attached to the permit application. No vetch was
found.
The project proponent hereby certifies that all information contained herein is true, accurate, and complete
to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
Regards,
Dwayne Brabble
Dwayne Brabble
D&E Developments, LLC
Office Address: 2409 Grace Avenue, New Bern, North Carolina 28562 1 Email: [e-mail] I Office: 252 638 8223

Business Name Project Name (if applicable)
P&G Investments Brice's Creek Harbor
Applicant 1: First Name MI Last Name
Richard Gaylord
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed
Mailing Address PO Box City State
2424 Glenwood Avenue, Ste 106 Raleigh NC
ZIP Country Phone No. FAX No.
27608 USA - - ext. - -
Street Address (if different from above) City State ZIP
Email
[e-mail]
Business Name
D&E Developments, Llc
Agent/ Contractor 1: First Name
MI
Last Name
Dwayne
Brabble
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
2409 Grace Avenue
New Bern
NC
ZIP
Phone No. 1
Phone No. 2
28562
252 - 638 - 8223 ext. 101
- ext.
FAX No.
Contractor #
44433
Street Address (rf different from above)
City
State
ZIP
Email
[e-mail]
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
County (can be multiple)
Craven
Subdivision Name
Stillwater Harbor
Phone No.
ext.
a. In which NC river basin is the project located?
Neuse
c. Is the water body identified in (b) above, natural or manmade?
❑Natural ®Manmade ❑Unknown
e. Is proposed worts within city limits or planning jurisdiction?
®Yes ❑No
a. Total length of shoreline on the tract (ft.)
See Drawings,
c. Size of individual lot(s)
29.66, 1 ,
(if many lot sizes, please attach additional page with a list)
e. Vegetation on tract
Grass, Shrubs
f. Man-made features and uses now on tract
Subdivision
State Rd. #
State Zip
NC 28562 - _-
Lot No.(s) (if many, attach additional page with list]
4OL, I , ,
b. Name of body of water nearest to proposed project
Brices Creek
d. Name the closest major water body to the proposed project site.
Trent River
f. If applicable, list the planning jurisdiction or city limit the proposed
work falls within.
City of New Bern
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential Single Family Homes
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
R-10-A (Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
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Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ❑Yes ®No
(ii) Are there coastal wetlands on the site? []Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
City of New Bern
o. Describe existing drinking water supply source.
City of New Bern
p. Describe existing stone water management or treatment systems.
Approved, NCDEQ
5 Acfiwrtres'antl Impacts
=x.:".
a. Will the project be for commercial, public, or private use?
®PrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Private residential community with water and boatslip access
bliclGovernment
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Using a barge to install pilings for boat slips
d. List all development activities you propose.
90 Boatslips
e. Are the proposed activities maintenance of an existing project, new work, or both? New Work
f. What is the approximate total disturbed land area resulting from the proposed project? 50 ®Sq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Subdivision - has stormwater retention on site. Approved by state and permitted. See attached Historical File
i. Will wastewater or stormwater be discharged into a wetland? LJYes NNo LJNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑NA
j. Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
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Form DCM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 9/29/2022 Print Name DWAYNE BRABBLE
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
252-808-2808 .. 1-888-4RCQAST .. www.nacoastaimanagement.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FAIL MMARINA CHARACTERIS M., ]This -section tfot°appticsble
a. (i) Is the docking facility/marina:
❑Commercial ❑PublicJGovernment ®Private/Comm unity
c. (i) Dock(s) and/or pier(s)
(ii) Number
6
(iii) Length
1266 ft
(iv) Width
8 ft
(v) Floating
®Yes ❑No
e. (1) Are Platforms included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
90
(it) Number of slips existing
10
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 20 ft (+/_)
m. (!)Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
b. (i) Will the facility be open to the general public?
[]Yes ®No
d. (i) Are Finger Piers included? ®Yes ❑No
If yes:
(ii) Number 48
(iii) Length 30 ft
(iv) Width ST
(v) Floating ®Yes ❑No
f. (1) Are Boatlifts included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
® Dockage ("wet slips") only, number of slips: 90
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open Runabout
I. (1) Will the facility be open to the general public?
❑Yes ®No
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Form DCM MPA (Structures, Page 2 of 4)
2. DOCKING FAC► .IFY/MARINA OPERATIONS 0 Thissection not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
El Yes ❑No
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Form ©CM MP-4 (Structures, Page 3 of 4)
n. is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
4.0 J40lN (e.g., wo d,heetjgfle, er':.;ff. p'ck groin," use MP 2, Excavation annl'1=i11:) _ ' This section no# able"
a. ' (i) Number
(ii) Length
(iii) Width
5- OktA WA T: Ei A {a g v�ood, sl eetprte, etc j' ®This sccboh �tib applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6 00dR1NG PILINGS and BOGY$ ®his secicn nod"apm11plicable,;
a. Is the structure(s): b. Number
❑Commercial ❑PubliclGovernment ❑PrivatelCommunity
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. ;GENERAL
..'
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Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
None
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
Tao ft
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
None
d. Water depth at waterward end of structure at NLW or NWL
4-6 ft
8 ETHER :: .: I� This section not epplicable
a. Give complete description:
252-808-2808 :: 1-888-4RCOAST :, www.nccoastalmanagement.net revised: 12127/06

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 2, 2022
MEMORANDUM
�nEQ
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg.bodnara_NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: P&G Investments, LLC
Project Location: Brices Creek in Stillwater Harbor Subdivision in Craven County
Proposed Project: Expand existing docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by November 23, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
PRINT NAME
AGENCY
SIGNATURE
DATE
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
NORTH CAROUNA -
Oepadment01EnWronmenmlQuality /� 252.808.2808

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Workflow# o000101061-0001
craven, NC
Sherri 6. Richard Register of Oeeds
BK3230¢-.255
DECLARATION OF
& STILLWATER HARBOUR MARINA, A CONDOMINIUM
STILLWATER INVESTMENT GROUP, LLC
Oxviie r
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF
THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA. THIS
DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS.
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TABLE OF CONTENTS
Sectkon3.}
Act ..................................... ............. .................... ................. .... .... ..... 2
8006mm32
Articles of Incorporation .-----~.~—~--~..,....~--'2
Section33
Avmoiatium—................... ............. ........... ...................................... 3
Occtiou3.4
Board ofDirectors uzBoard ............................. ................................ .3
0ectioul5Boat
............................................. ......................... ............................... 3
SectionJk
Business orTrade ... ....................................... .................... ...........
Qeoiou3JBylaws
......... ........................................................................................ »
Section3.8
CAJMAPermit ..... .................................................................... ............
Uectioo3.0
Common Elements .............. ...................................... ......................... 3
Sac600].}O
Common Expenses ...................................................... ........................ »
Scxdoul1]
Condominium ....................................................................................... 4
Semioo3.l2
Condominium Duoomwnto—............................................... ........... 4
Snodnul8
Condominium Plats ............................................. ...... ............. .......... 4
Such*nll4
Covenant mShare Costs ....................................................................... 4
8eobooIl5Declarant
........ .................................................. .... _....................... 4
Bmmiou3.l&
Declarant Control 9e6o6--................... —...................................... 4
8outioo3.l7
Dcclarubon...................................................................... ..................... 4
Section 3.}8
Declaration otEasements ............................................................ ........ 5
Section ].l9
Development Period .................. .......................................................... 5
Occdou3.2O
Development Rights .................. .......................................................... 5
Soctkml2lDirector
............................................... ................................................ 5
9e:dou]22
Limited Common Elements ................ .... .... ...................... ......... ........ 5
Section323
Marina ......... ......................................................................................... 5
Oectiool24Member
................................................................................................. 5
Qm:dunl25
Mortgage ............. ..................................................................... .......... 5
Sectiou3.20
Mortgagee . 5
Section327
0vno ----........................................................
&eo6ouIZ8
Person ................................................................................................... 6
8ectiou32gproperty
—........................... ............................................................... O
Sechool30
Register nfDeeds .................................................. ............................... 0
8octioul3l
Riparian Rights .....................................................................................
Sectioul32
StiOmatc,Harbour Property Owners' &ow»cbuiou............................... 8
Section 333
Stillwater Harbour Property Owners' Association Declaration ..... ..... 6
Section 3.34
Rules and Regulations .......................................................................... 6
8c*boo335
Slip ........................................................................................................
Section 3.36
Special Declarant Rights ...................................................................... 6

111111111 Nil I111IIV11111 f1111IN111111111
imape r0: 000002274654 Type: CRP
PRELIMINARY DRAFT pano 8 of 50
BKV23OpAZ60
Section 3.38
Stormwater Permit..............................................................................7
Section3.39
Submerged Lands................................................................................7
Section3.40
Units......................................................................................................7
Section3.41
Upkeep..................................................................................................7
Section 3.42
Use Restrictions....................................................................................7
Section3.43
Utility Company...................................................................................7
ARTICLE 4. ALLOCATION OF COMMON ELEMENT INTERESTS, COMMON
EXPENSE LIABILITIES AND VOTES.........................................................7
Section4.1 Common Elements Allocation, ......................................................... -.7
Section4.2 Common Expense Allocation...............................................................8
Section4.3 Voting Allocation.................................................................................8
ARTICLE 5. CREATION OF ADDITIONAL UNITS.........................................................8
Section 5.1 Creation of Additional Units................................................................8
Section 5.2 Reserved Easements For Construction of Additional Units ......... I ... I ... 9
Section 5.3 Allocation of Right to Create Additional Units....................................9
Section 5.4 Cooperation Among Owner, Atlas and Association ... ......... I-- .......... 9
ARTICLE 6. PLAN OF DEVELOPMENT, USE RESTRICTIONS,
ENCUMBRANCES AND RESTRAINTS ON TRANSFER ..........................9
Section6.1 Plan of Development............................................................................9
Section 6.2 Authority to Promulgate Rules...........................................................10
Section 6.3 Owners' Acknowledgment...............................................I..................10
Section6.4 Use Restrictions................................................................................. I I
Section 6.5 Maximum Boat Dimension................................................................ I i
ARTICLE 7. EASEMENTS ............................ ................. I ....................... I.....I...I................I I
Section 7.1 Easements -Common Elements...........................................................I I
Section 7.2 Easements/Slips..................................................................................I l
Section 7.3 Reserved Declarant Easements ......................................... ,................. 12
Section 7.4 Temporary Easements.....„.................................................................12
Section 7.5 No Encroachment Easement for Boats...............................................12
Section 7.6 Easement for Maintenance by Stillwater Property Owners'
Association.........................................................................................12
ARTICLE 8. EASEMENT FOR UNINTENTIONAL AND NON NEGLIGENT
ENCROACHMENTS.....................................................................................12
Section 8.1 Existing Encroachments.....................................................................12
Section 8.2 Reconstruction...................................................................................13
ARTICLE 9. ADMINISTRATION OF THE CONDOMINIUM BY STILLWATER
HARBOUR YACHT OWNERS' ASSOCIATION.......................................13
Section 9.1 Creation/Organization........................................................................13
Section9.2 Members.............................................................................................13
ii

PRELIMINARY DRAFT
Section 9.3 Administration by Association...........................................................13
ARTICLE lo. ASSOCIATION RIGHTS, OBLIGATIONS AND SERVICES....................14
Section 10.1
Implied Rights; Board Authority ... ............................. ,....................... 14
Section 10.2
Dedication of Common Elements.......................................................14
Section 10.3
Leasing of Common Elements....................................I......................14
Section 10.4
Disclaimer of Liability...........................................I............................14
Section10.5
Safety..............................................................................................15
Section 10.6
Provision of Services..........................................................................15
Section 10.7
Change of Use of Common Elements................................................16
ARTICLE11. CAMA PERMIT.............................................................................................16
Section 11.1 Incorporation of Terms.......................................................................16
Section 11.2 Incorporation of Terms and Conditions of CAMA Permit.................16
Section 11.3 Administration of CAMA Permit.......................................................16
Section 11.4 LAMA Permit Covenants...................................................................16
ARTICLE 12. STORMWATER PERMIT: TRANSFER, RESPONSIBILITIES AND
COVENANTS................................................................................................17
Section 12.1 Upkeep of Stormwater Management Facilities..................................17
Section 12.2 Administration of Stormwater Permit................................................17
Section 12.3 Stormwater Permit Covenants............................................................17
ARTICLE 13. RIGHT OF ENTRY IN EMERGENCIES.....................................................18
Section13.1 Right of Entry.....................................................................................18
Section 13.2 Extreme Weather................................................................................18
ARTICLE 14. RIGHT OF ENTRY FOR MAINTENANCE OF COMMON
ELEMENTS, OTHER UNITS, AND SLIPS.................................................18
ARTICLE 15. LIMITATION UPON RIGHT OF OWNERS TO ALTER AND
MODIFY UNITS; NO RIGHT" TO ALTER COMMON ELEMENTS ......... 18
Section 15.1 Alteration of Units and Slips.... .......................................................... 18
Section 15.2 Common Elements Appurtenant to Units...........................................19
Section 15.3 Consent to Modification of Units and Slips.......................................19
Section 15.4 Indemnification -Unit or Slip Modification.........................................19
ARTICLE 16. UPKEEP BY OWNERS.................................................................................20
Section 16.1 Unit Owner Upkeep of Boat...............................................................20
Section 16.2 Maintenance -Insurance Proceeds.......................................................20
Section 16.3 Owner's Insurance..............................................................................20
ARTICLE 17. UPKEEP OF COMMON ELEMENTS, UNITS, AND SLIPS BY THE
ASSOCIATION..............................................................................................21
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Section 17.1 Association Upkeep of Common Elements........................................21
Section 17.2 Damage to Units/Slips.... ...... ............................................................. 21
Section17.3 Damage by Owners............................................................................21
Section 17.4 Damage/No Insurance........................................................................21
ARTICLE 18. AUTHORITY TO PURCHASE INSURANCE.............................................22
ARTICLE 19, INSURANCE COVERAGE TO BE MAINTAINED; USE AND
DISTRIBUTION OF INSURANCE PROCEEDS.........................................22
Section 19.1
Insurance Coverages...........................................................................22
Section 19.2
Premiums - Common Expenses..........................................................22
Section19.3
Deductibles.........................................................................................23
Section 19.4
Insurance Claim Adjustment........................„....................................23
Section 19.5
Mortgagee -Insurance Proceeds...........................................................23
Section 19.6
Use of Insurance Proceeds..................................................................23
Section 19.7
Reimbursement of Initial Insurance Premiums..................................23
Section 19.8
Insurance Policy Requirements..........................................................24
Section 19.9
Insurance Coverage-Betterments..................................I.....................24
Section 19.10
Insurance Availability Notification....................................................24
Section 19.11
Fidelity Insurance...............................................................................24
ARTICLE 20. RECONSTRUCTION OR REPAIR OF CASUALTY DAMAGE ...............24
Section 20.1 Reconstruction-Costs..........................................................................24
Section 20.2 Estimates of Replacement Costs.........................................................25
Section 20.3 Priority of Repair................................................................................25
Section 20.4 Association Right to Insurance Adjustments......................................25
ARTICLE 21. ASSOCIATION TO MAINTAIN REGISTER OF OWNERS AND
MORTGAGEES.............................................................................................25
Section 21.1 Register of Owners and Mortgagees..................................................25
Section 21.2 Mortgage Provisions...........................................................................26
ARTICLE 22. ASSESSMENTS: LIABILITY, LIEN AND ENFORCEMENT ...................26
Section 22.1
Levy of Assessments..........................................................................27
Section 22.2
Payment of Assessments....................................................................27
Section 22.3
Association Budget.............................................................................27
Section 22.4
Capital Improvement Fund.................................................................27
Section 22.5
Assessments -Association Property
.....................................................28
Section 22.6
Delinquent Assessments.....................................................................28
Section 22.7
Liability for Assessments...................................................................28
Section 22.8
Lien for Assessments..........................................................................29
Section 22.9
Statement of Assessment Status.......
..................................................30
Section 22. I0
Election of Collection Remedies........................................................30
Section 22.11
Initial Contribution to Working Capital...............................30
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ARTICLE 23. COMPLIANCE AND ENFORCEMENT......................................................30
Section 23.1 General Remedies.............................................................................30
Section 23.2
Enforcement/Sanctions.......................................................................30
Section 23.3
Hearing Procedures.............................................................................31
Section 23.4
Self Help Remedies............................................................................32
Section 23.5
Cumulative Remedies/Attorneys' Fees...............................................32
Section 23.6
Association's Right Not to Take Action.............................................32
Section 23.7
CAMA Permit Violations...................................................................33
Section 23.8
Enforcement by Owner ...........................................
............................ 33
ARTICLE 24. COMMON SURPLUS...................................................................................33
ARTICLE25. TERMINATION............................................................................................33
ARTICLE 26. AMENDMENT OF DECLARATION OF CONDOMINIUM ......................34
Section 26.1 Amendments Proposed by Association..............................................34
Section 26.2 Amendments by Declarant ........ ......................................................... 35
Section 263 Amendments Requiring Declarant Consent.......................................35
Section 26.4 Amendments Requiring Unanimous Consent....................................35
ARTICLE 27. SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS
RESERVED UNTO DECLARANT..............................................................35
Section 27.1 Special Declarant Rights Reserved by Declarant...............................35
Section 27.2 Development Rights Reserved by Declarant......................................36
Section 27.3 Limitation on Special Declarant Rights..............................................36
Section 27.4 Phasing of Development Rights.........................................................37
Section 27.6 Interference with Special Declarant Rights and Development
Rights............ ...................................................................................... 37
Section 27.7 Assignment of Declarant's Rights and Duties....................................37
ARTICLE 28. CONFLICT WITH CONDOMINIUM ACT; SEVERABILITY ...................37
ARTICLE 29. LIBERAL CONSTRUCTION.......................................................................38
ARTICLE 30. DECLARATION BINDING ON ASSIGNS AND SUBSEQUENT
OWNERS....................................................................................................38
ARTICLE 31. ASSOCIATION RECORDS/INSPECTION..................................................38
ARTICLE32. CONDEMNATION........................................................................................38
ARTICLE33. TAXES......................................................................................I..................39
ARTICLE 34. LITIGATION.................................................................................................39
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THIS DECLARATION OF STILLWATER HARBOUR MARINA, A
CONDOMINIUM (hereinafter referred to as the "Declaration"), made this the [1 }1' day of
September, 2013, by Stillwater Investment Group, LLC, a North Carolina limited liability
company (hereinafter referred to as "Stillwater"), pursuant to the provisions of Chapter 47C of
the General Statutes of the State of North Carolina (sometimes hereinafter referred to as the
"Condominium Act" or the "Act") to All Prospective Purchasers or Owners of property described
herein;
WITNESSETH:
WHEREAS, Stillwater is the owner in fee simple of certain real estate and
appurtenant easements located in Craven County, North Carolina, said real estate being more
particularly described on Exhibit A attached hereto and incorporated herein by reference; and,
WHEREAS, Stillwater has constructed on the property described on Exhibit A an
inland marina consisting of upland and Submerged Land, docks, piers, walkways and other
improvements to be utilized as a wet slip marina condominium; and,
WHEREAS, Stillwater has agreed to transfer Units to Atlas NC I SPE, LLC
("Atlas") to be held pursuant to this Declaration; and,
WHEREAS, Stillwater and Atlas have further agreed that they shall be entitled to
create additional Units and appurtenant Slips and shall both be entitled to exercise rights as
Declarant as set forth herein; and,
WHEREAS, it is the desire of the Stillwater to submit the real property described
on Exhibit A, together with the improvements thereon constructed, the easements appurtenant
thereto, and the easements described on Exhibit A to the provisions of the Act to provide for the
condominium form of ownership; and,
WHEREAS, Stillwater hereby establishes by this Declaration a plan for the
individual ownership of Units and the co -ownership by individual and separate owners thereof,
as tenants in common, of all of the remaining property in the Condominium as Common
Elements (as hereafter defined) and assigning certain portions of the property in the
Condominium as Limited Common Elements (as hereinafter defined) for the exclusive use and
benefit of the owners of the Units to which said Limited Common Elements are assigned herein,
NOW, THEREFORE, Stillwater does hereby declare that the property described
on Exhibit A attached hereto and incorporated herein by reference shall be held, conveyed,
encumbered, used, occupied, improved, sold, mortgaged, and otherwise conveyed subject to the
rules, regulations, restrictions, covenants, conditions, uses and obligations set forth in this
Declaration. All such rules, regulations, restrictions, covenants, conditions, uses and obligations
are declared and agreed to be in furtherance of a plan for the creation of the Condominium and
the use, enjoyment and rental of Units and shall be deemed to run with the land and be a burden
on and a benefit to the Declarant, its successors and assigns, and on and to any Person acquiring
or owning any interest in the real property in the Condominium and any improvements thereto,
and such parties' grantees, successors, heirs, assigns, executors, administrators and devisees.
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Individual Owners, their employees, guests, tenants and all Persons using or posscssing any
property within the Condominium are subject to the provisions of this Declaration.
ARTICLE 1.
ESTABLISHMENT OF CONDOMINIUM
On that property described on Exhibit A, attached hereto and incorporated herein
by reference, there exist piers, docking facilities, Units and other appurtenant improvements,
Stillwater has allocated certain Limited Common Elements, often referred to as Slips, to Units.
Stillwater does hereby submit the real property and appurtenant easements, and the
improvements lying within the land area described on Exhibit A to condominium ownership
under the provisions of the Act, and hereby declares the same to be a condominium to be known
and identified as "Stillwater Harbour Marina, A Condominium", provided that nothing herein
shall be deemed to dedicate the Development Property described on Exhibit B, or any portion
thereof, to the Condominium at this time. The maximum number of Units which the Declarant
reserves the right to create is one hundred (100), Except for portions of the Development
Property, no additional real estate will be allocated subsequently as Limited Common Elements;
provided, however, Declarant has reserved the right to add additional Units and Slips as set forth
herein. The Condominium is located in Craven County, North Carolina.
ARTICLE 2.
SURVEY PLATS AND PLANS
A survey of the land and plat and plans of the improvements constituting the
Condominium identifying the Units, the Common Elements and the Limited Common Elements,
as said terms are herein defined, and containing the information required by N.C. Gen. Stat. §
47C-2-109(b) and (c) is recorded in the office of the Register of Deeds of Craven County on
even or similar date as this Declaration, said survey and plat and plans being incorporated herein
by reference. Each Unit is identified by a specific number on said condominium plat, and no
Unit bears the same number as any other Unit. The Units initially included in the Condominium
are numbered as sct forth on Exhibit C and are shown on said condominium plat.
ARTICLE 3.
DEFINITIONS
As used in this Declaration and the exhibits attached hereto, the Bylaws, the
Articles of Incorporation, and all amendments thereof, unless the context requires otherwise, the
following definitions shall prevail:
Section 3.1 Act. "Act" means Chapter 47C of the General Statutes of North
Carolina designated as the North Carolina Condominium Act.
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Section 3.2 Articles of Incorporation. "Articles of Incorporation" means the
Articles of incorporation for Stillwater Harbour Yacht Owners' Association, Inc, filed in the
office of the Secretary of State of North Carolina.
Section 3.3 Association. "Association" means the owners' association
organized pursuant to the Act and incorporated under Chapter 55A of the General Statutes of
North Carolina, and shall be known as Stillwater Harbour Yacht Owners' Association, Inc. and its
successor.
Section 3.4 Board of Directors or Board. "Board of Directors" or "Board"
means the body responsible for operation and administration of the Condominium and the
Association. The Board shall be selected as provided in the Bylaws.
Section 3.5 Boat. "Boat" means and refers to any motorboat, sailboat, yacht or
other watercraft which is self propelled and which may be moored at the Marina as allowed by
and subject to the Rules and Regulations adapted as provided in Section 6.2.
Section 3.6 Business or Trade. "Business" or "Trade" means their ordinary,
generally accepted meanings and shall include, without limitation, any occupation, work, or
activity undertaken on an ongoing basis which involves the provision of goods or services to
Persons other than the family of the producer of such goods or services and for which the
producer receives a fee, compensation, or other form of consideration, regardless of whether: (a)
such activity is engaged in full or part time, (b) such activity is intended to or does generate a
profit, or (e) a license is required.
Section 3.7 Bylaws. "Bylaws" means the Bylaws of the Association as they
may be amended from time to time.
Section 3.8 CAMA Permit. "CAMA Permit" means a permit or permits issued
by the State of North Carolina, Department of Environment and Natural Resources and the
Coastal Resources Commission, and or all amendments, extensions or renewals thereof, allowing
for the construction and operation of the building, docks, piers and other improvements within or
upon the Condominium, and any subsequent CAMA permits existing or granted for the
Development Property.
Section 3.9 Common Elements. "Common Elements" means and comprise (i)
all of the real property, improvements and facilities of the Condominium, including Submerged
Lands, but excluding the Units as herein defined, (ii) all pilings, docks, finger piers and ramps,
(iii) all Riparian Rights appurtenant to the Property, (iv) all personal property held and maintained
by the Association for the joint use and enjoyment of all the Owners of Units, including, but not
limited to, utility lines, piping and conduits, and (v) all permits for construction, maintenance and
operation of the Condominium assigned by Declarant to the Association or otherwise procured or
acquired by the Association.
Notwithstanding this definition, to the extent that the provisions of the Act apply
to "Common Elements", including, without limitation, the provisions of Section 47C-3-112,
those provisions shall apply only to the real property portions of the Common Elements.
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Section 3.10 Common Expenses. "Common Expenses" means expenditures
made by or financial liabilities of the Association, together with any allocations to reserves.
Section 3.11 Condo "Condominium" means the Property described on
Exhibit A, easements described on Exhibit A easements and Riparian Rights appurtenant to the
Property, all improvements existing thereon or hereinafter constructed thereon, but specifically
excluding the Development Property, The Development Property may be added to the
Condominium pursuant to the Development Rights, in which event said portions of the
Development Property so added, and improvements thereon, shall then became part of the
Condominium.
Section 3.12 tendon inium Documents. "Condominium Documents" means
collectively the Articles of Incorporation, the Bylaws, this Declaration, the Rules and Regulations
adopted by the Association, and resolutions of the Board, all as may be amended, restated, and
revised from time to time. Any exhibit, schedule, or amendment to a Condominium Document
shall be considered a part of that document.
Section 3.13 Condominium Plats. "Condominium Plats" means the
condominium surveys and/or plats of the Condominium prepared by Gaskins Land Surveying,
P.A., recorded in the Register of Deeds in Plat Cabinet I, at Slides 31 A through 3ID and any and
all supplements and amendments thereto.
Section 3.14 Covenant to Share Costs. "Covenants to Share Costs" means any
declaration of easements and covenants or other agreement to share costs executed by Declarant
or the Association and recorded in the Register of Deeds that creates easements for the benefit of
the Association and the present and future owners of thereat property subject to the Declaration
and which obligates the Association and such owners to share the costs of maintaining certain
property described therein. Without limiting the foregoing, Covenants to Share Costs shalt
include the Declaration of Easements,
Section 3.15 eclarant. "Declarant" means Stillwater Investment Group, LLC,
a North Carolina limited liability company, and Atlas NC I SPE, LLC, a North Carolina limited
liability company, their successors and assigns, and any Person or entity who succeeds to any
Special Declarant Rights as provided herein or pursuant to the Condominium Act. The provisions
of Section 5.3 and Article 27 are applicable to the exercise of rights by each Declarant.
Section 3.16 Declarant Control Period. "Declarant Control Period" means that
period beginning upon the recordation of this Declaration and terminating the earlier of: (i) 120
days after conveyance of seventy-five percent (75%) of the Units (including Units which may be
created pursuant to Article 5 hereof) to Owners other than Declarant; (ii) two years after all
Declarants have ceased to offer Units for sale in the normal course of business; (iii) two years
after the right to add new Units as provided in Article 5 was last exercised; or (iv) at such time as
Declarant voluntarily terminates the Dec]arant Control Period as evidenced by the recordation of
a Termination of Declarant Control Period executed by Declarant and recorded in the Register of
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Section 3.17 Declaration. "Declaration" means this instrument and any
amendments hereto.
Section 3.18 Declaration of Easements. "Declaration of Easements" means the
Declaration of Easements and Covenants recorded in Book 3230, Page 218 of the Register of
Deeds, as amended and supplemented from time to time. She Declaration of Easements shall be
deemed a Covenant to Share Costs.
Section 3.19 Development Period. "Development Period" means the period
ending on the earliest of (a) thirty (30) years from the date this Declaration is recorded in the
Register of Deeds; provided, that if Declarant is delayed in the improvement and development of
the Property as a result of a sewer, water or building permit moratorium or other cause or event
beyond Declarant's control, then the aforesaid period shall be extended for the length of the delay
plus an additional two (2) years upon written notice to the Association of such extension; or (b)
the date specified by Declarant and consented to in writing by any and all lenders holding a
written, recorded assignment of the Special Declarant Rights (whether collateral or absolute) in a
written notice to the Association or recorded document stating that the Development Period is to
terminate on that date so stated.
Section 3,20 Development Rights. "Development Rights" means the rights
reserved by Declarant under Articles 5 and 27 of this Declaration, other provisions of this
Declaration or as provided in the Act, including the right to add additional real estate and property
to the Condominium and the right to construct and create additional Units, Slips and related
structures within the Common Elements.
Section 3.21 Direct r. "Director" means a member of the Board of the
Association.
Section 3.22 Limited Common Elements. "Limited Common Elements" means
those portions of the Common Elements allocated by operation of N.C. Gen_ Stat. § 47C-2-102
for the exclusive use of one or more but fewer than all of the Units, including, without limitation,
those portions of the Common Elements described in this Declaration as Limited Common
Elements and those portions of the Common Elements designated as Limited Common Elements
on the Condominium Plats. Slips shown and designated on the Condominium Plats shall be
Limited Common Elements allocated to specified Units.
Section 3.23 Marina. "Marina" means the portion of the Common Elements of
the Condominium including the Slips, the docks, piers, finger piers, and pilings, and other similar
improvements located over the Submerged Lands.
Section 3.24 Member. "Member" means a Person having membership in the
Association consistent with Article 8 of this Declaration.
Section 3.25 Mortsaee. "Mortgage" means a mortgage, a deed of trust, a deed
to secure debt, or any other form of security deed.
Section 3.26 od&a ee. "Mortgagee" means��IIJa beneficiary
or�jholder
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Section 3,27 Owner. "Owner" means any Person owning one or more Units,
but shall not include a Mortgagee unless such Mortgagee has acquired title pursuant to
foreclosure or some other process in lieu of foreclosure.
Section 3.28 Person. "Person" means a natural person, limited liability
company, corporation, business trust, estate, trust, partnership, association, joint venture,
government, governmental subdivision or agency, or other legal or commercial entity or any
combination thereof.
Section 3.29 Pro rt . "Property" means the real estate described on Exhibit A,
along with any portions of the Development Property annexed into the Condominium in
accordance with Article 5 herein (but only after said portions of the Development Property are so
annexed), together with all rights, privileges, easements and appurtenances belonging to or in any
way pertaining to said real estate.
Section 3.30 Register of Deeds. "Register of Deeds" means the Office of the
Register of Deeds of Craven County, North Carolina.
Section 3.31 Rirarian Rights. "Riparian Rights" means riparian and littoral
rights, collectively, including the right to wharf out, moor and to tie up a boat, together with the
right to maintain a channel to the navigable waterways, and other rights of access to and
enjoyment of waterways given to an owner of land adjacent to a waterway_
Section 3.32 Stillwater Harbour Property Owners' Association. "Stillwater
Property Owners' Association" means Stillwater Harbour Property Owners' Association, Inc.,
which has been organized for the performance of those obligations and the exercise of those rights
set forth in the Stillwater Property Owners' Declaration.
Section 3.33 Stillwater Harbour Propgrty Owners' Association Declaration.
"Stillwater Property Owners' Declaration" means that Declaration of Covenants, Conditions and
Restrictions for prospective purchasers and owners in Stillwater Harbour subdivision recorded in
Book 2941, Page 510 of the Register of Deeds, as supplemented and amended from time to time.
Section 3.34 Rules and Reguulations. "Rules and Regulations" mean those rules
promulgated by the Declarant or the Board as provided in Article 6.
Section 3.35 51ip. "Slip" or "Slips" means, and shall be a part of Limited
Common Elements and assigned to a particular Unit, all as shown and designated on the
Condominium Plats. The Slips shall be horizontally bounded by portions of the piers and finger
piers. There shall be no vertical boundaries to the extent that a Slip only extends to the surface of
the water. Utility lines, piping, conduits, cleats, mooring devices and permitted improvements
located within a Slip or the Limited Common Elements comprising part of a Slip, shall be
considered betterments and improvements and not part of a Slip or the Limited Common
Elements.
Section 3.36 Special Declarant Rights. "Special Declarant Rights" means each
and every right of the Declarant described in Article 27.
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Section 3.37 Stormwater Management Facilities. "Stormwater Management
Facilities" means all areas consisting of ditches and swales, retention ponds and other
improvements which are constructed pursuant to, and regulated by, the Permit located on the
Condominium.
Section 3.38 Stormwater Pen -nit. "Stormwater Permit" means the North
Carolina Stormwater Management Permit No. SW7070527, and any additional North Carolina
Stormwater Management Permits, applicable to the Property, and any amendments, additions or
replacements thereof.
Section 3.39 Submerized Lands. "Submerged Lands" means all lands below the
surface of the navigable water located within the Property and specifically including the harbor
bottom.
Section 3.40 Units. "Units" means a physical portion of the Condominium
designated for separate ownership, the boundaries of which are shown on the Condominium Plats.
The Units are designated as Condo Units on the Condominium Plats and consist of boxes as
shown on the Condominium Plats.
Section 3.41 Upkeep. "Upkeep" means maintenance and operation, and
includes, without limitation, care, inspection, dredging, repair, repainting, remodeling, restoration,
improvement, renovation, alteration, replacement and reconstruction.
Section 3.42 Use Restrictions. "Use Restrictions" means the rules and use
restrictions more fully defined as set forth in Sections 6.2 and 6.4.
Section 3.43 Utility Company. "Utility Company' means a public or private
company or entity duly licensed and authorized by the North Carolina Utilities Commission to
provide utility services within a specified franchise area and any entity providing utility services
on behalf of a body politic, municipality or other governmental body or entity.
Any word not defined herein, unless it is plainly evident from the context of this
Declaration that a different meaning is intended, shall, as used herein, have the meaning set out
in N.C. Caen. Stat. § 47C-1-103.
ARTICLE 4.
ALLOCATION OF COMMON ELEMENT INTERESTS, COMMON
EXPENSE LIABILITIES AND VOTES
Section 4.1 Common Elements Allocation, Each Unit shall be conveyed and
treated as an individual property capable of independent use and fee simple ownership. The
Owner of each Unit also shall own, as an appurtenance to the ownership of said Unit, an
undivided interest in the Common Elements. The proportional interest in the Common Elements
allocated to each of the Units which presently exists, subject to amendment as provided herein,
steal{ be as follows:
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(a) Each Unit shall have a proportional undivided interest in the
Common Elements based upon the following ratio:
Maximum length (in feet) of the Slip allocated to the Unit
Sum of all maximum lengths (in feet) of Slips then in the Condominium
Stillwater has determined the maximum length of each Slip allocated to the Units,
which determination shall be conclusive. The maximum length for each Slip is set forth in
Exhibit B attached hereto and made a part hereof. The maximum length allocated may vary
from the dimensions of the Limited Common Area as shown on the Condominium Plats due to
construction variations in the docks and finger piers; however, the allocation contained herein
shall be conclusive and binding upon the Association and all Owners. Declarant may determine
the maximum length of each additional slip created pursuant to Article 5, consistent with the
CAMA Permit.
The proportional interest in the Common Elements allocated to each Unit shall be
reallocated among all of the Units employing the same formulas as set forth above when (i) new
Units are created pursuant to the exercise of Development Rights or (H) maximum lengths of
Slips are adjusted by the Declarant as permitted in this Declaration.
Section 4.2 Common Expense Allocation. The portion of the Common
Expenses of the Association allocated to each Unit is based upon the same formula used to
determine the proportional interest in the Common Elements allocated to each Unit. The portion
of Common Expenses for each Unit included in the Condominium initially is as set out in Exhibit
B, The proportion of the Common Expenses allocated to each Unit shall be reallocated among all
of the Units employing the same formula as stated above when (i) new Units are created pursuant
to the exercise of Development Rights or (ii) maximum lengths of Slips are adjusted by the
Declarant as permitted in this Declaration.
Section 4.3 Votin Allocation. The vote in the Association allocated to each
Unit shall be equal and shall be one (1) vote for each linear foot maximum length allocated to
each Unit. By way of example, a Unit which has a maximum length allocation of 40 feet is
entitled to 40 votes.
ARTICLE 5.
CREATION OF ADDITIONAL UNITS
Section 5.1 Creation of Additional Units. Notwithstanding any provision
contained herein and without the joinder or consent of any Owner or the Association, each
Declarant shall have the absolute and unilateral right during the Development Period to construct
and create additional Units as well as Limited Common Elements including Slips within the
Property. Additional Units shall be created upon the recording of a Supplemental Declaration and
Supplemental Condominium Plats which shall designate the Units, Limited Common Elements
and shall modify the Common Elements Allocation, the Common Expense Allocation and the
Voting Allocation in accordance with Section 5.3 below. The Supplemental Declaration and
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Supplemental Condominium Plats shall be recorded in the Register of Deeds. Upon the creation
of additional Units, each Owner shall become a Member.
Section 5.2 Reserved Easements For Construction of Additional Units.
Declarant, their successors and assigns as well as their contractors, agents and designees shall
have an easement over and through all Units, Common Elements and Limited Common Elements
for ingress, egress and utilities and such other easements as are necessary, in Declarant's sole
discretion, for the development and construction of the additional Units, Slips, Common Elements
and Limited Common Elements and all activities related to such development and construction
and the preparation of Supplemental Declarations and Supplemental Condominium Plats.
Section 5.3 Aliocation of Right to Create Additional Units. Stillwater, its
successors and assigns as Declarant shall be entitled to create sixty-three (63) additional Units on
Parcel A as well as Common Elements and Limited Common Elements including Slips abutting
that portion of the Property designated as Parcel G on the Condominium Plats. Atlas, its
successors and assigns as Declarant, shall be entitled to create 24 additional Units on Parcel A as
well as Common Elements and Limited Common Elements including Slips within that portion of
the Property abutting Parcel E on the Condominium Plats and 12 additional Units on Parcel I A
with Slips abutting Parcel F as shown on the Condominium Plats, All additional Units, Common
Areas and Limited Common Areas shall be constructed in substantial conformity with the CAMA
Permit and shall further be constructed of substantially similar materials, quality and
workmanship as those Units, Common Elements and Limited Common Elements for the Slips
and related improvements which exist as of the date of this Declaration, it being the express
intention of the parties that the cost of maintenance, upkeep and insurance shall be the same in all
material respects for improvements made to the Property pursuant to this Article.
Section 5.4 Cooperation Among Stillwater, Atlas and Association. Stillwater,
Atlas and Association shall reasonably cooperate in the exercise of the rights set forth herein and
shall execute any documents reasonably necessary to facilitate the construction and creation of
additional Units, Common Elements and Limited Common Elements and shall authorize the use
of the CAMA Permit without regard to the actual licensee or holder of the CAMA Permit,
ARTICLE 6.
PLAN OF DEVELOPMENT, USE RESTRICTIONS, ENCUMBRANCES
AND RESTRAINTS ON TRANSFER
Section 6.1 Plan of Development. Declarant has established a general plan of
development and occupancy for the Property under this Declaration in order to protect all Owners'
quality of life and collective interests, the aesthetic and environment quality within the Property,
and the vitality of and sense of community within the Property, all subject to the Board's and the
Members' ability to respond to changes in circumstances, conditions, needs, and desires within the
Condominium.
This Declaration, including the Use Restrictions applicable to the entire
Condominium including all Units, attached as Exhibit C, and the rules and resolutions adopted
by the Board or the Members establish affirmative and negative covenants, easements, and
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restrictions on the Property and shall apply to all Owners, their family members, occupants,
tenants, guests and invitees.
Section 6.2 Authority to Promulgate Rules.
(a) During the Development Period or until Declarant voluntarily
relinquishes its rights as set forth hcrein (which relinquishment must be in writing), the Declarant
shall have the sole authority to adopt Rules and Regulations and to modify and amend Rules and
Regulations; provided, however, that so long as there are multiple Declarants, no rules may be
enacted, changed or modified without the consent of the Board.
(b) After the termination of the Development Period or written
voluntary relinquishment of the rights contained in (a) above by Declarant, Rules and
Regulations may be adopted as follows:
(i) Subject to the terms of this Article and in accordance with
its duty of care and undivided loyalty to the Association and its Members, the Board may adopt
additional rules and regulations not inconsistent with the Use Restrictions set forth in Exhibit C,
and other such rules and regulations permitted by, and not inconsistent with, the Act. The Board
is expressly authorized to adopt, amend and restate from time to time, Rules and Regulations
applicable to the Condominium, the Common Elements, the Units and the Slips during times of
emergencies, including emergencies created by weather. Such Rules and Regulations may
require the removal of Boats from the Slips and the Condominium.
(ii) The Owners, at a meeting duly called for such purpose,
may adopt Rules and Regulations applicable to all Units which modify, cancel, limit or create
exceptions to adopted Rules and Regulations by a vote of Owners representing sixty-seven
percent (67%) of the total vote in the Condominium, provided that such action to adopt, modify,
cancel, limit or create exceptions to Rules and Regulations shall require the written approval of
Declarant during the Development Period without regard to Declarant's relinquishment of rights
set forth in Section 6.2(a) above.
(iii) At least fifteen (15) days prior to the effective date of any
action under subsections (a) or (b) of this Section, the Board shall send a copy of the new rule to
each Owner specifying the effective date of such new rule. The Association shall provide,
without cost, a copy of the Rules and Regulations then in effect to any requesting Member or
Mortgagee.
(iv) Nothing in this Article shall authorize the Board or the
Owners to modify, repeal or expand the Condominium Documents except as such documents
may be amended as provided therein.
Section 6.3 Owners' Acknowledgment. All Owners are subject to the Use
Restrictions and are given notice that (a) their ability to use their privately owned property is
limited thereby, and (b) the Board and/or the Owners may adopt, delle�Itj�el!lI,II mpplIjo�diifly�I,, ycrelattelIlIJJIl iiII ry
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Each Owner by acceptance of a deed acknowledges and agrees that the use and
enjoyment and marketability of his or her property can be affected by this provision and that the
Use Restrictions and Rules and Regulations may change from time to time.
Section 6.4 Use Restrictions. The Units and Common Elements are declared
to be subject to the restrictions, casements, conditions and limitations now of record affecting the
land and improvements of the Condominium and those set forth in the Use Restrictions attached
hereto as Exhibit C. Furthermore, no residential use of the Slips shall be allowed; provided,
however, such restriction shall not prevent the temporary overnight use of a boat moored within a
Slip if the same does not continue for more than three (3) consecutive nights.
Section 6.5 Maximum Boat Dimension. The size of a Boat that may be
moored in each Slip is limited to the maximum dimensions designated on Exhibit B. No Owner
may moor, or allow to be moored, a Boat with any overall rigged length or beam in a Slip in
excess of the maximum dimensions set forth for that Slip on Exhibit B. The maximum allowable
boat dimensions for any Slips annexed into the Condominium shall be set forth an the
Supplemental Declaration for said annexation.
ARTICLE 7.
EASEMENTS
Section 7.1 Easements -Common Elements. Subject to the Special Declarant
Rights reserved to Declarant in this Declaration, the provisions of N.C. Gen. Slat. § 47C-3-112,
the Use Restrictions and Rules and Regulations, all of the Common Elements, except the Limited
Common Elements, shall be, and the same are hereby declared to be, subject to a perpetual non-
exclusive easement in favor of all of the Owners for their use and the use of their authorized
tenants and guests for all proper and normal purposes, and for the furnishing of services and
facilities for which the same are reasonably intended for the use and enjoyment of the Units.
Subject to Declarants Development Rights, Use Restrictions, and the applicable Rules and
Regulations, each Owner shall have a non -terminable right to use the areas identified on the
Condominium Plats as access or parking easements or for which easements have been granted to
the Owners, the Association or for the benefit of the Condominium. Subject to Declarant's
Development Rights, and the applicable Use Restrictions and Rules and Regulations, the Owners
of Units shall have the non -terminable right to use the portions of the Common Elements
including the Marina, excluding the Slips.
Section 7.2 Eas - ents/Slip . All of the Slips shall be, and the same are hereby
declared to be subject to, a perpetual easement in favor of the Association to perform all
obligations relating to Upkeep as more particularly described in Article 17 including, but not
limited to, dredging and related work within the boundaries of a Slip necessary to maintain the
water depth in each Slip and the Common Elements at such depth as may be determined to be
necessary or desirable, from time to time, by the Board, together with all legal rights of a "profit
aprende" to remove and dispose of the dredged material under such terms and conditions
approved by the Board. Further, each Slip is subject to an easement in favor of adjoining Slip
Owners for the purpose of accessing pilings, moorings and other docking facilities intended for
the use of multiple Slips, subject to Rules and Regulations which may be adopted by the Board as
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well as an easement for the Upkeep, replacement and relocation of pilings, moorings and docking
facilities.
Section 7.3 Reserved Declarant Easements. Declarant, their successors and
assigns, reserve a perpetual non-exclusive easement, over, upon and across the Property,
including the Common Elements and Slips for any and all purposes deemed desirable by
Declarant, including, but not limited to, (i) the installation, maintenance, repair and replacement
of utilities and other services; (ii) pedestrian and vehicular access to other property without regard
to whether such other property is contiguous to the Condominium or owned by the Declarant; (iii)
exercise of any Special Declarant Right, including Development Rights; and (iv) exercising those
rights set forth in Article 5,
Section 7.4 Temporary Easements. The Board may grant temporary easements
or licenses upon the Common Elements for the installation and maintenance of dock boxes, boat
steps and other boating accessories by Owners, all of which will be subject to the Rules and
Regulations adopted as provided in Section 6.2.
Section 7.5 No Encroachment Easement for Boats. Each Boat shall be moored
entirely within the boundaries of the Slip in which it is moored at all times, and nothing in this
Article or otherwise in this Declaration shall permit any moored Boat to encroach upon other
Slips or the Common Elements without the express written consent of the Board, which may be
withheld or conditioned in its sole discretion. Notwithstanding the foregoing, temporary,
unintentional encroachments are allowed if caused by tides, winds or other circumstance beyond
the control of Owners. Rules and Regulations regarding such temporary encroachments may be
established pursuant to Section 6.2.
Section 7.6 Easement for Maintenance by Stillwater Propgrty Owners'
Association. The Common Elements are hereby declared to be subject to a perpetual easement in
favor of Stillwater Property Owners' Association to perform all of its obligations related to
Upkeep of certain portions of the Common Elements, including without limitation of the
bulkhead surrounding the Marina, the boat ramp, the Stormwater Management Facilities as
required under the terms of the Stormwater Permit and as is otherwise authorized or required by
easements and/or maintenance agreements now or hereafter executed between the Association
and the Stillwater Property Owners' Association including without limitation the Declaration of
Easements,
ARTICLE 8.
EASEMENT FOR UNINTENTIONAL AND
NON NEGLIGENT ENCROACHMENTS
Section 8.1 Existing -Encroachments. In the event that any Unit shall encroach
upon any Common Elements or any Slip shall encroach upon any Common Element not allocated
to the Slip as a Limited Common Element for any reason not caused by the purposeful or
negligent act of the Owner, or agents of such Owner, then an easement appurtenant to such Unit
or Slip shall exist for the continuance of such encroachment upon the Common Elements for so
long as such encroachment naturally shall exist. In the event that any portion of the Common
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Elements shall encroach upon any Unit or a Limited Common Element allocated to the Unit, then
an easement shall exist for the continuance of such encroachment of the Common Elements upon
any Unit or Limited Common Element for so long as such encroachment naturally shall exist.
Section 8.2 Reconstruction. If: (a) any Unit, Slip, or any portion of the
Common Elements shall be partially or totally destroyed as a result of fire or other casualty, or as
a result of condemnation or eminent domain proceedings; and (b) upon reconstruction of such
Unit, Slip, and/or Common Elements in accordance with Article 20 hereof, there exist
encroachments of portions of the Common Elements upon any Unit or Slip, or of any Unit or Slip
upon any portion of the Common Elements, then such encroachments shall be permitted and a
valid easement for the use and maintenance of the encroachments shall exist so long as such
encroachments naturally shall remain.
ARTICLE 9.
ADMINISTRATION OF THE CONDOMINIUM 13Y
STILLWATER HARBOUR YACHT OWNER'S ASSOCIATION
Section 9.1 Creation/Organization, To efficiently and effectively provide for
the operation and administration of the Condominium by the Owners of the Units, an association
of all Owners has been incorporated pursuant to Chapter 55A of the General Statutes of North
Carolina known and designated as Stillwater Harbour Yacht Owner's Association, Inc.
Section 9.2 Members. The Owner of each Unit automatically shall become
Members of the Association upon acquisition of an ownership interest in title to any Unit and the
membership of such Owner shall terminate automatically upon such Owner being divested of
such ownership interest in the title to such Unit, regardtcss of the means by which such ownership
may be divested. No Person holding any lien, mortgage, or other encumbrance upon any Unit
shall be entitled, by virtue of such Iien, mortgage, or other encumbrance, to membership in said
Association or to any of the rights or privileges of such membership unless and until said Person
obtains fee simple title to such Unit.
Section 9.3 Administration by Association. The Association shall administer
the operation and management of the Condominium and undertake and perform all acts and duties
incident thereto in accordance with the terms of the Condominium Documents and the Act.
Subject to the provisions of the Act, the Association shall have and is hereby granted the authority
and power to enforce the provisions of the Condominium Documents, to levy and to collect
assessments in the manner hereinafter provided, to adopt, promulgate and enforce such rules and
regulations governing the use of the Common Elements as the Board of Directors of said
Association may deem to be in the best interests of the Association (but subject to the rights of the
Declarant in Section 62(a) and such other powers and rights granted to or reserved in the
Declarant in this Declaration and the Act) and to exercise such other powers as set forth in N.C.
Gen. Stat. § 47C-3-102, including the right to assign future assessments, assessment rights and
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ARTICLE 10.
ASSOCIATION RIGHTS OBLIGATIONS AND SERVICES.
Section 10.1 lm lied Ri is Board Authori . The Association may exercise
any right or privilege given to it expressly by the Condominium Documents and the Act or which
may be reasonably implied from, or reasonably necessary to effectuate, any such right or
privilege. Except as otherwise specifically provided in the Condominium Documents, or by law,
all rights and powers of the Association may be exercised by the Board without a vote of the
membership.
Section 10.2 Dedication of Common Elements. The Association may dedicate
or grant easements over portions of the Common Elements, including the grant of easements to
any local, state, or federal governmental entity or any Utility Company.
Section 10.3 Leasing of Common Elements. The Association may lease
portions of the Common Elements or other assets owned or held by the Association to third
parties from time to time on terms acceptable to the Board of the Association. Said leases may
include leases for portions of the Condominium for the provision of services to Boats, including
without limitation the sale of gas, ice, and other goods, and the provision of mechanical services
and may also include leasing dockage for personal watercraft upon terms acceptable to the Board.
Section 10.4 Disclaimer of Liabili . The Association may, but shall not be
obligated to, maintain or support certain activities within the Property designed to promote the
health, safety and welfare of Owners and occupants of any Unit, Slip, or Boat.
(a) Notwithstanding anything contained herein, in the Condominium
Documents, or the Act, the Association, the Board, committees of the Association, the
management company of the Association, Declarant nor any successor Declarant (collectively,
the "Released Parties") shall not be liable or responsible for, or in any manner a guarantor or
insurer of, the health, safety, or welfare of any Owner or occupant of any Unit or any tenant,
guest or invitee of any Owner or occupant or for any property of any such Persons. Each Owner
and occupant of a Unit and each permitted tenant, guest, and invitee of any Owner or occupant
shall assume all risks associated with the use and enjoyment of the Property, including all
Common Elements and Slips.
(b) No provision of the Condominium Documents shall be interpreted
as creating a duty of the Released Parties to protect or further the health, safety, or welfare of any
Person(s), even if the funds of the Association are used for any such purpose.
Each Owner (by virtue of the Owner's acceptance of title to his or her Unit) and
each other Person having an interest in or lien upon, or making any use of, any portion of the
Property (by virtue of accepting such interest or lien or making such use) shall be bound by this
Section and shall be deemed to have waived any and all rights, claims, demands and causes of
action against the Released Parties, their directors, officers, committee and Board members,
employees, agents, contractors, subcontractors, or any of the foregoing's successors and assigns
arising from or connected with any matter for which the liability h�paj�s� been disclaimed.
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Section 10.5 Safe- . The Association may maintain or support certain activities
within the Property designed to provide a greater level of safety than would otherwise exist within
the Property.
(a) None of the Released Parties shall in any way be considered
insurers or guarantors of safety within the Property. None of the Released Parties shall be held
liable for any loss or damage for failure to provide adequate safety or ineffectiveness of safety
measures undertaken.
(b) All Owners and occupants of any Unit, and all family members,
tenants, guests, and invitees of any Owner, acknowledge that the Released Parties do not
represent or warrant that any entry gate, patrolling of the Property, neighborhood watch group,
volunteer safety patrol, or any safety system designated by or installed according to guidelines
established by the Released Parties will not be compromised or circumvented; or that any entry
gate, patrolling of the Property, neighborhood watch group, volunteer safety patrol, or any
security systems wili prevent loss by burglary, theft, hold-up, or other similar action; oT that any
entry gate, patrolling of the Property, neighborhood watch group, volunteer safety patrol, or any
security systems will in all cases provide the detection or protection for which the system is
designed or intended.
(e) All Owners and occupants of any Unit or Slip, and all family
members, tenants, guests, and invitees of any Owner, acknowledge and understand that the
Released Parties are not insurers of safety within the Property. Each Owner acknowledges,
understands and shall be responsible for informing the Owner's tenants and all occupants of the
Owner's Unit and Slip that the Released Parties are not guarantors of security or safety and that
each person using Property within the Condominium assumes all risks of personal injury and loss
or damage to property including Units, Slips, and the contents thereof, resulting from acts of
third parties.
(d) All Owners and occupants of any Unit and all family members,
tenants, guests, and invitees of any Owner assume all risks for loss or damage to Persons, to
Units, Slips, and to the contents of Units and Slips and further acknowledge that the Released
Parties have made no representations or warranties, nor has any Owner; occupant; or any tenant,
guest, or invitee of any Owner relied upon any representations or warranties, expressed or
implied, relative to any entry gate, patrolling of the Property, neighborhood watch group,
volunteer safety patrol, any security systems recommended or installed or any safety measures
undertaken within the Property.
Section 10.6 Provision of Services. The Association may provide services and
facilities for the Members of the Association and their tenants and guests. The Association shall
be authorized to enter into contracts or other similar agreements with other entities, including
Declarant, to provide such services and facilities. The costs of services and facilities provided by
the Association may be funded by the Association as a Common Expense, In addition, the Board
shall be authorized to charge additional use and consumption fees for services and facilities. The
Board, without the consent of the Members of the Association, shall be permitted to modify or
cancel existing services or facilities provided, if any, or to provide additional services and
facilities. Nothing contained herein can be relied upon as a representation as to what services and
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facilities, if any, will be provided by the Association. This Section shall be specifically construed
to allow the Association to enter into a contract for the overall management of the Condominium
and the Association with any individual or corporation including the Declarant or companies
owned or controlled by Declarant.
Section 10.7 Change of Use of Common Elements. Upon (a) adoption of a
resolution by the Board stating that, in the Board's opinion, a service provided by the Association
pursuant to Section 10.6 or the then present use of a designated part of the Common Elements is
no longer in the best interest of the Owners or is no longer necessary or appropriate for the
purposes intended, and (b) the consent of Declarant during the Development Period, the Board
shall have the power and right to terminate such service or change the use of any Common
Elements (and, in connection therewith, construct, reconstruct, alter or change the buildings,
structures and improvements thereon in any manner deemed necessary by the Board to
accommodate the new use), provided that any such new use (i) shall be for the benefit of the
Owners, and (ii) shall be consistent with any deed restrictions and zoning regulations restricting
or limiting the use of the Common Elements.
ARTICLE 11.
CAMA PERMIT
Section l 1.1 Incoraoration of Terms. The rights, obligations, terms and other
conditions of the CAMA Permit are incorporated herein by reference and include, but are not
limited to, the date upon which the CAMA Permit is scheduled to expire.
Section 11.2 Incorporation of Terms and Conditions of CAMA Permit. Upon
the exercise of any Development Right by Declarant to add additional improvements to the
Condominium which require a modification, amendment of the CAMA Permit or a new CAMA
permit, Declarant, at its cost and expense, shall procure the modification or amendment of the
CAMA Permit or obtain a new CAMA permit for such improvements, and the Association and
Owners shall consent to and cooperate in all regards with the application for the same.
Section 11.3 Administration of CAMA Permit. From and after any transfer of
Declarant's responsibilities under the CAMA Permit to the Stillwater Harbour Property Owners'
Association, the oversight, supervision, management and administration of the CAMA Permit
shall be the sole responsibility of the Stillwater Harbour Property Owners' Association subject to
the provisions of Section 5.4. The Stillwater Harbour Property Owners' Association's duties
with respect to the CAMA Permit shall be carried out in accordance with the terms and
conditions of the CAMA Permit, this Declaration and the Declarant or Stillwater Harbour
Property Owners' Association are explicitly authorized to enforce the covenants described in
Section 11.4 below against all Owners.
Section l 1 A CAMA Permit Covenants. Notwithstanding Section 11.3, no
Owner shall take any action which may result in a violation, modification or ten�nlf i(nnatiolnu of tlhe�{� p�{
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ARTICLE 12.
STORMWATER PERMIT: TRANSFER, RESPONSIBILITIES AND COVENANTS
Section 12.1 Upkeep of Stormwater Management Facilities. Notwithstanding
the identity of the permittee or permittees under the Stormwater Permit, following completion of
construction of the Stormwater Management Facilities required by the Stormwater Permit, the
Stillwater Harbour Property Owners' Association shall provide all Upkeep of the Stormwater
Management Facilities which shall be a Common Expense of the Stillwater Harbour Property
Owners' Association and not the Association.
Section 12.2 Administration of Stormwater Permit. From and after any transfer
of Declarant's responsibilities under the Permit to the Stillwater Harbour Property Owners'
Association, the oversight, supervision, management and administration of the Permit shall be the
sole responsibility of the Stillwater Harbour Property Owners' Association. The Stillwater
Harbour Property Owners' Association's duties with respect to the Stormwater Permit shall be
carried out in accordance with the terms and conditions of the Permit, and the Stillwater Harbour
Property Owners'Association is explicitly authorized to enforce the covenants described in
Section 12.3 below against all Owners. Notwithstanding the fact that certain authority is granted
to the Stillwater Harbour Property Owners'Association pursuant to this Declaration, nothing
contained herein shall subject any portion of the Condominium to the Stillwater Property Owners'
Declaration, nor require or establish membership of the Owners in the Stillwater Harbour
Property Owners'Association.
Section 12.3 Stormwater Permit Covenants. To ensure ongoing compliance
with the Stormwater Permit as issued by the Division of Water Quality under NCAC 2H.1000, no
Owner shall take any action which may result in the violation, modification or amendment of the
Stormwater Pennit.
Without limiting the foregoing,
(a) No Person may pipe, fill in, or alter any vegetated drainage swales
constituting a part of the Stormwater Management Facilities constructed pursuant to the
Stormwater Permit.
(b) No alteration of the drainage for the Stormwater Management
Facilities designated in the Stormwater Permit and shown on any accompanying approved plans
shall occur without the prior written consent of the Division of Water Quality.
The covenants set forth herein pertaining to sormwater management may not be
altered, rescinded, or modified without the express written consent of the State of North
Carolina, Division of Water Quality. The State of North Carolina is made a beneficiary of the
covenants above stated to the extent necessary to maintain compliance with the Permit, and such
covenants run with the Property and shall be binding on all Persons and parties claiming under
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ARTICLE 13.
RIGHT OF ENTRY IN EMERGENCIES
Section 13.1 Right of Entry. In case of any emergency originating in or
threatening any Unit, Slip, or the Common Elements, the Declarant, the Board, or any other
Person authorized by it, or the managing agent, shall have the right to enter such Unit, Slip, and
any Boat located therein, and such Common Elements for the purpose of remedying or abating
the cause of such emergency, and such right of entry shall be immediate.
Section 13.2 Extreme Weather. In the event of pending hurricanes or other
extreme weather, the Board may, in its sole and reasonable discretion, issue notice to the Owners
that all Boats must be removed from the Slips and the Condominium. If pending weather
conditions justify such removal and notice, the Board will use reasonable efforts to provide
advanced notice of the necessity of said removal. In the event that such notice is given by the
Board, all Owners must remove their Boats from the Slips within the timeframe prescribed by the
notice. In accordance with Section 6.2, nothing in this Section will prevent the adoption of
additional Rules and Regulations applicable during periods of extreme weather, present or
pending.
ARTICLE 14.
RIGHT OF ENTRY FOR MAINTENANCE OF COMMON ELEMENTS,
OTHER UNITS, AND SLIPS
Whenever it may be necessary to enter any Unit or Slip for the purpose of
performing any Upkeep to any portion of the Common Elements or Units, or Slips, the Owner of
each Unit shall permit other Owners or their representatives, or the duly constituted and
authorized agent of the Association, to enter such Unit or Slip for such purpose, provided that the
entry shall be made only at reasonable times and with reasonable advance notice. The
Association may require any Boat to be removed from a Slip for a reasonable period of time to
accommodate Upkeep.
ARTICLE 15.
LIMITATION UPON RIGHT OF OWNERS TO ALTER AND
MODIFY UNITS; NO RIGHT TO ALTER COMMON ELEMENTS
Section 15.1 Alteration of Units and Slips. Units may not be altered by any
Owner. Except pursuant to the Development Rights described in Section 27.2, Units may not be
subdivided, nor may boundaries between adjoining Units may be relocated. Subject to the
provisions of N.C. Gen. Stat. § 47C-2-108, the Declarant's Development Rights reserved in this
Declaration, and to the limitations in this Article 15, boundaries between Slips may be relocated.,
and Slips may be reallocated. Common Elements may be allocated as Limited Common
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Section 15.2 Common Elements Appurtenant to Units.
(a) The undivided interest in the Common Elements declared to be an
appurtenance to each Unit shall not be conveyed, devised, encumbered or otherwise dealt with
separately from said Unit, and the undivided interest in Common Elements appurtenant to each
Unit shall be deemed conveyed, devised, encumbered or otherwise included with the Unit even
though such undivided interest is not expressly mentioned or described in the instrument
conveying, devising, encumbering or otherwise dealing with such Unit. Any instrument
conveying, devising, encumbering or otherwise dealing with any Unit, which describes said Unit
by the number designation assigned thereto by the map recorded as aforesaid without limitation
or exception, shall be deemed and construed to affect the entire Unit and its appurtenant
undivided interest in the Common Elements. Subject to the restriction against time sharing,
nothing herein contained shall be construed as limiting or preventing ownership of any Unit and
its appurtenant undivided interest in the Common Elements by more than one Person as tenants
in common, joint tenants or as tenants by the entirety, provided that the Association may adopt
Rules and Regulations regarding the number and identity of authorized persons who may use the
Common Elements.
(b) Recognizing that the proper use of a Unit by an Owner or Owners
is dependent upon the use and enjoyment of the Common Elements in common with the Owners
of all other Units, and that it is in the interest of all Owners that the ownership of the Common
Elements be retained in common by the Owners, it is hereby declared that the proportional
undivided interest in the Common Elements appurtenant to each Unit shall remain undivided and
no Owner shall bring or have any right to bring any action for partition or division of the
Common Elements.
Section 15.3 Consent to Modification of Units and Slips. Subject to the Special
Declarant Rights reserved to Declarant in this Declaration, no Owner shall cause any
improvements, alterations, betterments, modifications, or changes to be made to any Unit or Slip.
Such consent may be withheld by the Association in its sole discretion. Notwithstanding the
foregoing, no Owner may dredge or fill within a Slip, Subject to the Special Declarant Rights
reserved to Declarant in this Declaration, no Owner shall cause any object to be affixed to the
Common Elements or in any manner change the appearance of the Common Elements without the
written consent of the Association being first obtained.
Section 15.4 Indemnification -Unit or S1in Modification. Subject to the Special
Declarant Rights reserved to Declarant in this Declaration, the Board of Directors of the
Association, in its sole discretion, may require an Owner desiring to add betterments or
improvements to the Owner's Unit or the Slip or other Limited Common Elements appurtenant to
said Unit to indemnify the other Owners and the Association against any and all loss, cost, and
expense that may be occasioned by the addition of such betterments or improvements and further
may require such Owner to obtain liability insurance naming the other Owners and the
Association as additional insureds in such amounts and upon such terms as the Board of Directors
shall determine.
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ARTICLE 16.
UPKEEP BY OWNERS
Section I6.1 Unit Owner Upkeep of Boat. Every Owner of a Unit shall perform
promptly all reasonable and customary Upkeep of said Unit Owner's Boat which, if omitted,
would negatively affect the Condominium, either in its entirety or in a part belonging to other
Owners, and every Owner shall be expressly responsible for the damages and liability which the
Owner's failure to do so may engender. The Owner of each Unit shall also be liable and
responsible for the Upkeep of all permitted dock boxes, docking equipment and other appliances
or equipment, including any fixtures and/or their connections, other than the Utility Pedestals,
required to provide water, light, power and telephone service solely to his Slip; provided that alt
such Upkeep shall be with the permission and supervision of the Board and in accordance with
Rules and Regulations. The Association may adopt specific Rules and Regulations regarding the
appropriate Upkeep of Boats and Slips.
Section 16.2 Maintenance -Insurance Proceeds. Whenever the Upkeep of any
item for which the Owner of a Unit is obligated to perform at the Owner's own expense is
occasioned by any loss or damage which may be covered by any insurance maintained in force by
the Association, the proceeds of the insurance received by the Association shall be used for the
purpose of performing such Upkeep, except that the Owner of such Unit shall be, in said instance,
required to pay such portion of the costs of such Upkeep as shall, by reason of the applicability of
any deductibility provision of such insurance, exceed the amount of the insurance proceeds
applicable to such Upkeep.
Section 16.3 Owner's Insurance. Each Owner shall maintain comprehensive
general liability insurance with respect to file use of such Unit Owner's Slip and the mooring of
said Unit Owner's Boat in the Slip in such amounts and in such forms as prescribed by the Board
from time to time, but in any event with limits of not less than Five Hundred Thousand and
No/100 Dollars ($500,000.00) single limit coverage on an occurrence basis. All such insurance
shall be obtained from a reputable and financially sound insurance company authorized to issue
such insurance in the State of North Carolina and approved by the Board and shall name the
Association, and its management agent, if any, as additional insureds therein. Each such
insurance policy shall contain a waiver of the insurer's right to subrogation under the policy
against each additional insured. Each such policy further shall provide, to the extent reasonably
obtainable, that such policy may not be cancelled, refused to be renewed or substantially revised
until thirty (30) days after notice of the proposed cancellation, non -renewal or revision has been
mailed to the additional insureds. Each Owner shall deliver to the Board an acceptable certificate
of insurance with respect upon request and in the case of insurance nearing expiration, shall
deliver to the Board an acceptable certificate of insurance with respect to the renewal policy not
less than thirty (30) days prior to the then existing insurance policy's expiration date. Each Owner
may obtain other insurance, at such Owner's own expense, affording coverage upon such Owner's
Slip, Boat, personal property and for such Owner's personal liability and as may be permitted or
required by applicable law, but all such insurance shall contain the salve waiver of subrogation as
that referred to above to the extent reasonably available.
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ARTICLE 17.
UPKEEP OF COMMON ELEMENTS, UNITS, AND SLIPS
BY THE ASSOCIATION
Section 17.1 Association Upkeep of Common Elements. Subject to Declarant's
Special Declarant Rights, and other than the Upkeep of betterments required to be performed by
an Owner, the Association shall be responsible for the Upkeep of the Common EIements,
including any and all finger piers, cleat and mooring equipment and all conduits, ducts, plumbing,
wiring and other facilities located in the Common Elements or in a Slip for the furnishing of
utility and/or other services to the Common Elements or other Slips. The Association shall also
be responsible for dredging and related work necessary to maintain the water depth within each
Slip and the Common Elements at such depth as may be determined to be necessary or desirable,
from time to time, by the Board. All dredged material removed from any Slip or the Common
Elements shall be disposed of under such terms and conditions approved by the Board. No
Owner or Person shall have the right to dredge Common Areas and the right is reserved solely to
the Association.
Section 17.2 Damn a to Units/Slips_ If any incidental damage is caused to any
Unit or Slip by virtue of any work which may be done or caused to be done by the Association in
the Upkeep of any Common Elements or dredging, the Association shall repair such incidental
damage as a Common Expense.
Section 17.3 Damage by Owners. Whenever the Upkeep of any item for which
the Association is obligated to perform at its expense is occasioned by any act of an Owner, or the
Owner's tenants, guests or invitees, and such loss or damage is covered by any insurance
maintained in force by the Association, the proceeds of the insurance received by the Association
shall be used for the purpose of such Upkeep, except that the Owner who is responsible for the act
causing the damage (whether done by the Owner or the Owner's tenants, guests or invitees) shall
be required to pay such portion of the cost of such Upkeep as shall, by reason of the applicability
of any deductibility provision of such insurance, exceed the amount of the insurance proceeds
applicable to such Upkeep.
Section 17.4 Dama e/No Insurance. Whenever the Upkeep of any item for
which the Association is obligated to maintain, replace or repair at its expense is occasioned by an
act of an Owner, or the Owner's tenants, guests or invitees, and such loss or damage is not
covered by any insurance maintained in force by the Association, the Owner who is responsible
for the act causing the damage (whether done by the Owner or the Owner's tenants, guests or
invitees) shall be required to pay the cost of such Upkeep. Establishment of liability for damage
caused by the Owner of a Unit or the Association is subject to the provisions of N.C. Gen. Stat. §
47C-3-107(d).
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ARTICLE 1 S.
AUTHORITY TO PURCHASE INSURANCE
All required or permitted insurance policies for the Property maintained by the
Association shall be purchased by the Association in the name of the Association, as Trustees for
the Owners and their respective mortgagees as their interests may appear, and shall provide for
the issuance of certificates or memoranda of insurance to the Association and to any Owner,
mortgagee, or beneficiary of a deed of trust. Each Owner may obtain insurance, at the Owner's
own expense, affording coverage upon the Owner's Unit, personal property and betterments and
for the Owner's personal liability as may be permitted or required by law. Such insurance shall,
if available, contain a waiver of subrogation as to any claims against Owners, the Association,
and their respective servants, agents and guests.
ARTICLE 19.
INSURANCE COVERAGE TO BE MAINTAINED•
USE AND DISTRIBUTION OF INSURANCE PROCEEDS
Section 19.1 Insurance Cover -ages, Subject to the provisions of Section 19.10
the following insurance coverage shall be maintained in full force and effect by the Association:
(a) Casualty insurance covering the Common Elements, and to the
extent reasonably available, the Units, including all buildings, improvements, docks and pilings
included within the Condominium, shall be procured in an amount equal to at least eighty
percent (90%) of the maximum insurable replacement value thereof as determined annually by
the insurance company affording such coverage. Such coverage shall afford protection against:
(a) loss or damage by fire and other hazards covered by the standard extended coverage
endorsement; (b) loss or damage by flood; and, (c) such other risks as from time to time
customarily shall be covered with respect to buildings similar in construction, location and use,
including, but not limited to, vandalism and malicious mischief.
(b) Public liability and property damage insurance in such reasonable
amounts and covering all occurrences commonly insured against including_ death, bodily injury,
and property damage arising out of or in connection with the use, ownership, or maintenance of
the Common Elements, and in such forms as shall be required by the Association, including, but
not limited to, legal liability, hired automobiles, non owned automobile and off premises
employee coverage. All liability insurance shall contain cross liability endorsements to cover
liabilities of the Owners as a group to an Owner.
(e) Officer and director liability insurance in such amounts and with
such companies as the Board may determine.
Section 19.2 Premiums - Common Expenses. Premiums upon insurance
policies purchased by the Association shall be paid by the Association as Common Expenses to
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Section 19.3 Deductibles. The deductible, if any, on any insurance policies
maintained by the Association shall be paid by the Association as a Common Expense. In the
event that the cause of any damage or destruction of any portion of the Condominium originated
in or through the Common Elements or an apparatus located within the Common Elements, the
Association may assess (a) any deductible amount necessitated by either the intentional act or
omission, negligence, abuse, misuse or neglect of an Owner, or the Owner's family, guest, tenant,
or the family or guest of a tenant, against such Owner; and (b) a proportionate share of the
deductible amount to any Owner whose Unit is repaired (or which Owner is compensated) by
funds from the insurance policies maintained by the Association, based on the proportionate
amount of insured lost incurred to the Unit relative to the total insured loss to the Common
Elements and other Units. In the event that the cause of any damage or destruction to any portion
of the Condominium originated in or through a Unit or any component thereof, then the Owner of
said Unit shall pay the deductible under the Association's master casualty policy without regard to
whether the Owner was negligent. If an Owner fai is to pay the deductible assessed against the
Owner's Unit and the Association pays the deductible cost owed by the Owner, then the
deductible cost paid by the Association shall be charged to the Unit as an assessment for which
the Association shall have a lien.
Section 19.4 Insurance Claim Adjustment. Any loss covered by the property
insurance maintained by the Association shall be adjusted with the Association; provided,
however, all insurance policies purchased by the Association shall be for the benefit of the
Association and the Owners and their Mortgagees, as their respective interests may appear, and
shall provide that all proceeds payable as a result of casualty losses shall be paid to the
Association as Trustee. The Trustee shall hold such proceeds in trust for the benefit of the
Owners and their respective Mortgagees as their interests may appear.
Section 19.5 Mor#izaeee-Insurance Proceeds. In the event a mortgage
endorsement has been issued for a Unit, the share of any insurance proceeds of the Owner shall be
held for the Mortgagee and the Owner as their interests may appear, but nothing herein contained
shall be construed so as to give any Mortgagee the right to determine or participate in the
determination of reconstruction or repair.
Section t9.6 Use of Insurance Proceeds. Proceeds of insurance policies
received by the Association shall be disbursed first for the repair, reconstruction, or restoration of
the damaged property, and Owners and lienholders are not entitled to receive payment of any
portion of the proceeds unless there is a surplus of proceeds after the Property has been
completely repaired or restored, or the Condominium is terminated except as specified in Article
20.
Section 19.7 Reimbursement of Initial Insurance Premiums. To assist the
Association in procuring and maintaining the initial policies of insurance required to be obtained
and maintained by the Act and this Article 19, Declarant may elect to advance to the Association
the cost of the premiums of the initial insurance policies required by the Act and this Article. If
Declarant does advance the cost of such premiums, the Association agrees to reimburse Declarant
for the pro rata portion of the cost thereof which would be due by each Owner at the time each
Unit is conveyed to a Person other than Declarant. Notwithstanding the foregoing, the
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Association may elect to reimburse the Declarant in foil without regard to the closing of the
purchase of Units by a Person other than Declarant.
Section 19.8 Insurance Policy Requirement . Insurance policies carried
pursuant to this Article 19 shall provide that:
(a) Each Owner is an insured person under the policy with respect to
liability arising out of the Owner's interest in the Common Elements or membership in the
Association;
(b) The insurer waives its right to subrogation under the policy against
any Owner or members of the Owner's household, if applicable;
(c) No act or omission by any Owner, unless acting within the scope
of the Owner's authority on behalf of the Association, will preclude recovery under the policy;
(d) If, at the time of any loss under the policy, there is other insurance
in the name of an Owner covering the same risk covered by the policy, the Association's policy
provides primary insurance; and
(e) The insurer issuing the policy may not cancel or refuse to renew it
until thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to
the Association, each Owner and each Mortgagee or beneficiary under a deed of oust to whom
certificates or endorsements have been issued at their respective last known addresses.
Section 19.9 Insurance Coverage -Betterments. The Association shall not be
required to maintain insurance coverage for any betterments or improvements to the Slips, Units,
and/or Limited Common Elements added by any Owner and such Owner may be required to
maintain such liability coverage as is otherwise provided herein.
Section 19.10 Insurance Avail ability Notification. If the insurance described in
this Article is not reasonably available or the Board determines that the cost of insurance is
prohibitive or unreasonably expensive, the Board may choose not to provide such coverage
provided the Association promptly shall cause notice of that fact to be hand delivered or sent
postage prepaid by United States mail to all Owners.
Section 19.11 Fidelity Insurance, If desired, the Association may maintain
fidelity insurance.
ARTICLE 20.
RECONSTRUCTION OR REPAIR OF CASUALTY DAMAGE
Section 20.1 Reconstruction -Costs. Any portion of the Condominium for which
insurance is required pursuant to Article 19 which is damaged or destroyed shall be repaired or
replaced promptly by the Association unless (a) the Condominium is terminated, (b) repair or
replacement would be illegal under any federal, State or local health or safety statute or
ordinance, or (c) Owners decide not to rebuild by an eighty percent (80%) vote, including one
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hundred percent (1001/6) approval of all Owners of Units not to be rebuilt or Owners of Units
assigned to Limited Common Elements not to be rebuilt, The cost of repair or replacement in
excess of insurance proceeds and reserves shall be a Common Expense. If the entire
Condominium is not repaired or replaced, (1) the insurance proceeds attributable to the damaged
Common Elements shall be used to restore the damaged area to a condition compatible with the
remainder of the Condominium, (2) the insurance proceeds attributable to Units and Limited
Common Elements which are not rebuilt shall be distributed to the Owners of those Units and the
Owners of the Units to which those Limited Common Elements were allocated or to lien holders,
as their interests may appear, and (3) the remainder of the proceeds shall be distributed to all of
the Owners or lien holders, as their interests may appear, in proportion to their Common Element
interest. If Owners vote not to rebuild any Unit or the Limited Common Element allocated to the
Unit, that Unit's allocated interests automatically shall be reallocated upon the vote as if the Unit
had been condemned pursuant to N.C. Gen. Star. § 47C-1 - 1 07(a), and the Association promptly
shall prepare, execute and record an amendment to this Declaration reflecting the reallocations.
Unless otherwise prohibited, any such reconstruction or repair shall be substantially in accordance
with the plans and specifications contained herein and as shown on the Condominium Plats.
Section 20.2 Estimates of Replacement Costs. Immediately after the casualty
causing damage to property for which the Association has the responsibility for maintenance and
repair, the Association shall obtain reliable and detailed estimates of the cost to place the damaged
property in a condition as good as that before the casualty. Such costs may include professional
fees and premiums for such bonds as the Board of Directors deems necessary or appropriate.
Section 20.3 Priority of Repair. When the damage is to Common Elements,
Limited Common Elements and Units, the insurance proceeds will be applied first to the costs of
repairing the Common Elements, secondly to the cost of repairing the Units, and thirdly to the
cost of repairing the Limited Common Elements.
Section 20.4 Association Ri ht to Insurance Adiustments, Each Owner shall be
deemed to have delegated to the Association his right to adjust with insurance companies all
losses under policies purchased by the Association.
ARTICLE 21.
ASSOCIATION TO MAINTAIN REGISTER
OF OWNERS AND MORTGAGEES
Section 21.1 Register r of Owners and Mortggagecs_ The Association shall at all
times maintain a register setting forth the names of the Owners of all of the Units. In the event of
the sale or transfer of any Unit to a third party, the purchaser or transferee ("New Owner") shall
notify the Association in writing of said New Owner's ownership interest in such Unit, together
with such recording information as shall be pertinent to identify the instrument by which such
New Owner has acquired interest in any Unit. The holder of any mortgage or mortgages upon
any Unit may, if said holder so desires, notify the Association of the existence of any mortgage or
mortgages held by such party on any Unit and, upon receipt of such notice, the Association shall
register in its records all pertinent information relating thereto.
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Section 21.2 Mori a e Provisions. The following provisions are for the benefit
of holders, insurers and guarantors of first Mortgages on Units in the Property. The provisions of
this Article apply to both this Declaration and to the Bylaws, notwithstanding any other
provisions contained therein.
(a) Notices of Action. An institutional holder, insurer, or guarantor of
a first Mortgage which provides written request to the Association (such request to state the
name and address of such holder, insurer, or guarantor and the street address of the Unit to which
its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written
notice of.
(i) Any condemnation loss or any casualty loss which affects a
material portion of the Property or which affects any Unit on which there is a first Mortgage
held, insured, or guaranteed by such Eligible Holder;
(ii) Any delinquency in the payment of assessments or charges
owed by a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has
continued for a period of ninety (90) days, or any other violation of the Declaration or Bylaws
relating to such Unit or the Owner or Occupant which is not cured within ninety (90) days.
Notwithstanding this provision, any holder of a first Mortgage is entitled to written notice upon
request from the Association of any default in the performance by an Owner of a Unit of any
obligation under the Declaration or Bylaws which is not cured within ninety (90) days; or
(iii) Any lapse, cancellation, or material modification of any
insurance policy maintained by the Association.
(b) No Prioriri. No provision of this Declaration or the Bylaws gives
or shall be construed as giving any Owner or other party priority over any rights of the first
Mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or
condemnation awards for losses to or a taking of the Common Elements.
(c) Notice to Association. Upon request, each Owner shall be
obligated to furnish to the Association the name and address of the holder of any Mortgage
encumbering such Owner's Unit.
ARTICLE 22.
ASSESSMENTS: LIABILITY LIEN AND ENFORCEMENT
To properly administer the operation and management of the Condominium, the
Association shall incur for the mutual benefit of all of the Owners of Units, costs and expenses
which shall be part of the Common Expenses. To provide for the payment of the Common
Expenses, the Association is granted the right to make, levy and collect assessments against the
Owners and their Units. In furtherance of this grant of authority to the Association to make, levy
and collect assessments to pay the Common Expenses of the Condominium, the provisions of
this Article shall be operative and binding upon the Owners of all Units.
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Section 22.1 Levo�lents. Except as specifically otherwise provided
for in this Article or elsewhere in this Declaration, all assessments levied by the Association shall
be levied based on the allocations of Common Expenses as described in Section 4.2, and as set
forth for the initial Units in the Condominium in Exhibit B. Should the Association be the Owner
of a Unit or Units, the assessment which would otherwise be due and payable to the Association
by the Owner of such Unit or Units, reduced by the amount of income which may be derived from
the leasing of such Unit or Units by the Association, shall be apportioned and assessment therefor
levied ratably among the Owners of all Units which are not owned by the Association, based upon
their proportionate interests of the Common Expenses exclusive of the interests therein
appurtenant to any Unit or Units owned by the Association.
Section 22.2 Payment of Assessments. Assessments provided for herein may be
payable in installments as directed by the Board of Directors of the Association. Subject to the
provisions of N.C. Gen. Stat, § 47C-3-115(a), such assessments shall commence upon closing of
the sale of the first Unit.
Section 22.3 Association Budget. The Board of Directors of the Association
shall establish a Budget in advance for each fiscal year (which shall correspond to the fiscal year
set forth in the Bylaws). Such Budget shall project all expenses for the forthcoming fiscal year
which may be required for the proper operation, management and maintenance of the
Condominium, including a reasonable allowance for contingencies and reserves, such budget to
take into account projected anticipated income which is to be applied in reduction of the amounts
required to be collected as an assessment each year. The Board of Directors shall keep separate,
in accordance with Section 22.5 hereof, items relating to operation and maintenance from items
relating to capital improvements. Within thirty (30) days after adoption of the Budget by the
Board of Directors of the Association, copies of the Budget or summaries thereof shall be
delivered to each Owner of a Unit. Within thirty (30) days after adoption of any proposed
Budget, the Board of Directors shall set a date for a meeting of the Owners to consider ratification
of the Budget which date shall be not less than fourteen (14) nor more than thirty (30) days after
the mailing of copies of such Budget or summary thereof to the Owners. There shall be no
requirement that a quorum be present at the meeting. The Budget is ratified unless at that meeting
Owners having more than sixty-seven percent (67%) of the Votes in the Association reject the
Budget. In the event the proposed Budget is rejected, the periodic budget last ratified shall be
continued until such time as the Owners ratify (i.e., fail to reject by a majority of all Owners) a
subsequent budget proposed by the Board of Directors. Should the Board of Directors at any time
determine, in its sole discretion, that the assessments levied are, or may prove to be, insufficient
to pay the Common Expenses of the Association and the Condominium, or in the event of
emergencies, the Board of Directors shall have the authority to levy such additional assessment or
assessments it may deem to be necessary.
Section 22.4 Capital Improvement Fund. The Board of Directors of the
Association, in establishing the Budget, shall designate therein a sum to be collected and
maintained as a reserve fund for replacement of and capital improvements to, the Common
Elements, which capital improvement and replacement fund (Capital Improvement Fund) shall be
for the purpose of enabling the Association to replace structural elements and mechanical
equipment constituting a part of the Common Elements, as well as the replacement of personal
property which may constitute a portion of the Common Elements. IIjjIThe
lIlIamount collected for
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Capital Improvement Fund shall be maintained in a separate account by the Association and such
monies shall be used only to make capital improvements to Common Elements, Any interest
earned on monies in the Capital Improvement Fund may, in the discretion of the Board of
Directors of the Association, be expended for current operation and maintenance.
Section 22.5 Assessments -Association Proper. All monies collected by the
Association shall be treated as the separate property of the Association, and such monies may be
applied by the Association to the payment of any Cornmon Expense. As monies for any
assessment are paid into the Association by any Owner of a Unit, the same may be commingled
with monies paid to the Association by other Owners of Units. All funds, other assets of the
Association, and any increments thereto or profits derived therefrom or from the leasing or use of
Common Elements, shall be held for the benefit of the Members of the Association. No member
of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer his
membership interest therein, except as an appurtenance to his Unit. When an Owner of a Unit
shall cease to be a Member of the Association by reason of his divestment of ownership of such
Unit, by whatever means, the Association shall not be required to account to such Owner for any
share of the funds or assets of the Association, or which may have been paid to the Association by
such Owner, as all monies which any Owner has paid to the Association shall be and constitute an
asset of the Association.
Section 22.6 Delinquent Assessments. The payment of any assessment or
installment thereof shall be in default if not paid to the Association within thirty (30) days after
the due date for such payment. When in default, the delinquent assessment or delinquent
installment thereof due to the Association shall bear interest at the rate of ten percent (10%) per
annum or the maximum rate permitted by law, whichever is less, until such delinquent assessment
or installment thereof, and all interest due thereon, has been paid in full to the Association. All
monies owing to the Association shall be due and payable at the office of the Association. In any
case where an assessment is payable in installments, upon a default by an Owner in the timely
payment of any such installment, the maturity of the remaining total of the unpaid installments of
such assessment may be accelerated, at the option of the Board, and the entire outstanding balance
of the Assessment, including such delinquent installment, may be declared due and payable in full
immediately by written notice to such effect to the defaulting Owner. In addition to the interest
described above, the Association may also impose a late charge equal to the greater of: (i) ten
percent (10%) of the late payment, or (ii) Twenty and No1100 Dollars ($20.00), for each
installment of Assessment not paid within thirty (30) days after the due date of such payment.
Section 22.7 Liability for Assessments. The Owner or Owners of each Unit
shall be personally liable, jointly and severally, to the Association for the payment of all
assessments which may be levied by the Association against such Unit while such party or parties
are Owner or Owners of a Unit. In the event that any Owner or Owners are in default in payment
of any assessment or installment thereof owed to the Association, such Owner or Owners
personally shall be liable, jointly and severally, Far interest on such delinquent assessment or
installment thereof as above provided, and for all costs of collecting such assessment or
insialhnent thereof and interest thereon, including a reasonable attorneys' fees, whether lawsuit or
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An Owner of a Unit shall not become exempt from liability for any assessment
levied against the Owner or the Owner's Unit by waiver of the use of enjoyment of any of the
Common Elements, or by abandonment of the Unit or Slip, or in any other way.
Section 22.8 Lien for Assessments. Recognizing that proper operation and
management of the Condominium requires the continuing payment of costs and expenses
therefor, and that such proper operation and maintenance results in benefit to all of the Owners of
Units, and that the payment of such Common Expenses represented by the assessments levied and
collected by the Association is necessary in order to preserve and protect the investment of each
Owner, the Association is hereby granted the right to place a lien upon each Unit, and any
Limited Common Elements assigned to such Unit, and the undivided interest in the Common
Elements appurtenant to such Unit for nonpayment of any assessment levied against said Unit
remaining unpaid for thirty (30) days or longer. The lien also shall secure interest, if any, which
may be due on the amount of any delinquent assessments owing to the Association and all costs
and expenses, including reasonable attorneys` fees, which may be incurred by the Association in
enforcing the lien. Subject to N.C. Gen. Stat. § 47C-3-11 b, the lien hereby granted to the
Association may be foreclosed in the same manner as real estate mortgages and deeds of trust
may be foreeloscd under power of sale in the state of North Carolina or as otherwise permitted by
the Act. The Association shall be entitled to bid at any foreclosure sale and may apply as cash
credit against its bid all sums due as provided herein. The lien of the Association shall further
secure such advances for taxes, and payments on account of superior mortgages, liens, or
encumbrances which may be required to be advanced by the Association in order to preserve and
protect its lien. The Association shall further be entitled to interest at the rate of eighteen percent
(18%) per annum or the maximum rate permitted by law, whichever is less, on any such advances
made for such purpose. All Persons who shall acquire, by whatever means, any interest in the
ownership of any Unit, or who may be given or may acquire a mortgage, lien or other
encumbrance thereon, are hereby placed on notice of the lien rights granted to the Association,
and shall acquire such interest in any Unit expressly subject to such lien rights.
The lien herein granted unto the Association shall be enforceable from and after
the time of filing a claim of lien in the office of the Clerk of Superior Court of Craven County,
North Carolina, which claim shall state the description of the Unit encumbered thereby, the name
of the Owner, the amount due, the date when due and shall comply with any other requirements
under N.C. Gen. Stat. § 47C-3-1 l6. The claim of lien may be filed at any time after default and
the lien shall continue in effect until all sums secured by said lien as herein provided shall have
been fully paid, but shall be extinguished unless a proceeding to enforce the lien is instituted
within three (3) years after the docketing thereof or as otherwise provided in the Act. Such
claims of lien shall be signed and verified by an officer or agent of the Association. Upon full
payment of all sums secured by such claim of lien, the Association shall cause the salve to be
cancelled of record.
The lien provided for herein shall be prior to all liens and encumbrances on a Unit
except (1) liens and encumbrances (specifically including, but not limited to, a Mortgage on the
Unit) recorded before the docketing of the lien in the office of the Clerk of Superior Court, and
(2) liens for real estate taxes and other governmental assessments or charges against the Unit.
This subsection does not affect the priority of contractor or supplier liens pursuant to N.C. Gen.
Stat. § 44A.
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Upon the foreclosure of a Mortgage recorded prior to the filing of a lien as set
forth above or deed in lieu of foreclosure of the Mortgage, the purchaser at the foreclosure sale
or the grantee under any deed in lieu and their heirs, successors, and assigns, shall not be liable
for the assessments against such Unit which became due prior to acquisition of title to such Unit
by such purchaser. Such unpaid assessments shall be deemed to be Common Expenses
collectible from all of the Owners including such purchaser, and said purchaser's heirs,
successors and assigns, although nothing herein contained shall be construed as releasing the
prior Owner liable for such delinquent assessment from the payment thereof or the enforcement
of collection of such payment by means other than foreclosure.
Section 22.9 Statement of Assessment Status. Whenever any Unit is leased,
conveyed, or mortgaged by the Owner, the Association, upon written request of the Owner, shall
furnish to the proposed lessee, purchaser, or Mortgagee, a statement verifying the status of
payment of any assessment which shall be due and payable to the Association for such Unit.
Such statement shall be executed by any officer of the Association, and any lessee, purchaser, or
Mortgagee may rely upon such statement in concluding the proposed lease, purchase, or
Mortgage transaction, and the Association shall be bound by such statement. The Association
may charge reasonable fees for the preparation of such a statement.
Section 22.10 Election of Collection Remedies. Institution of a suit at law to
attempt collection of the payment of any delinquent assessment shall not be deemed to be an
election by the Association which would prevent it from thereafter seeking, by foreclosure action,
enforcement of the collection of any sums remaining owing to it, nor shall proceeding by
foreclosure to attempt such collection be deemed to be an election precluding the institution of a
suit at law to collect any sum then remaining owing to the Association.
Section 22.11 Initial Contribution to Working Capital. Upon the sale and closing
of the purchase of each Unit by the Declarant to a Person other than Declarant, the purchaser of
each Unit shall pay a non refundable contribution to the working capital of the Association in an
amount equal to one -sixth (1/6) of the annual Common Expense liability to be assessed against
such Unit for the first year of operation of the Condominium. The contribution to working capital
may be utilized to reimburse the Declarant for the costs of premiums for insurance purchased by
the Declarant for the benefit of the Condominium and the Association and other advances made
by Declarant on behalf of the Association. In the event no monies are owed to the Declarant, the
Association may retain such funds in its general operating account.
ARTICLE 23.
COMPLIANCE AND ENFORCEMENT
Section 23.1 General Remedies. Every Owner and any occupant of any Unit
shall comply with the Condominium Documents and the Act. Failure to comply shall be grounds
for an action by the Association to recover sums due, for damages, injunctive relief or any other
remedy available at law, in equity, or under the Act.
Section 23.2 Enforcement/Sanctions. The Board, or such other Association
agent with the Board's approval, may impose sanctions for violations of Condominium
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Documents after notice and a hearing in accordance with the procedures set forth in the Act and
Section 23.2 of this Declaration. Such sanctions may include, without limitation:
(a) Imposing reasonable monetary fines which shall be an assessment
upon the Unit owned or occupied by the violator (each, a "Responsible Person");
(b) Suspending the vote attributable to any or all Units belonging to
the Owner;
(c) Suspending any Responsible Persons right to use the Common
Elements or any facilities within the Common Elements; provided, however, nothing herein shall
authorize the Board to prohibit ingress or egress to or from the Unit; and
(d) Suspending any services provided by the Association to an Owner
or the Owner's Unit if the Owner is more than thirty (30) days delinquent in paying any
assessment or other charge owed to the Association.
Section 23.3 Hearing Procedures. Except as may be otherwise specifically
authorized by the Condominium Documents, the Board shall not (i) impose a fine or penalty, or
(ii) suspend voting or infringe upon other rights or privileges of a Member or other occupant of a
Unit for violations of the Condominium Documents, or for assessments or other amounts due and
owing to the Association remaining unpaid for a period of thirty (30) days, or longer, unless and
until the following procedure is completed:
(a) Notice. The Association shall serve the Owner with a written
notice of a hearing to be held by the Board or before an adjudicatory panel appointed by the
Board; provided, however, that any adjudicatory panel appointed by the Board shall be
composed of members of the Association who are not officers of the Association or members of
the Board. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and place
of the hearing, which shall not be less than ten (10) days after the giving of the notice; (iii) an
invitation to attend the meeting and produce any statement, evidence and witness on behalf of the
Responsible Person; and (iv) the proposed sanction which may be imposed. The notice
prescribed herein may be served by mailing a copy of said notice to the Owner by placing said
notice in the United States mail, postage prepaid, addressed to the Owner using the address on
record with the Association provided by the Owner.
(b) Hearing. The hearing shall be held in executive session of the
Board or an adjudicatory panel appointed by the Board pursuant to the notice affording the
Owner a reasonable opportunity to be heard. Prior to the effectiveness of any sanction
hereunder, proof of delivery of notice and the invitation to be heard shall be placed in the
minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together
with a statement of the date and manner of deliver, is entered by the officer, director, or agent
who delivered such notice. The notice requirement shall be deemed satisfied if the Owner
appears at the meeting. The minutes of the meeting shall contain a written statement of the
results of the hearing and the sanction, if any, imposed. In addition, a written statement of the
results of the hearing and the sanction, if any, imposed shall be mailed by the United States mail,
postage prepaid, by the Association to the Owner.
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(c) Appeal. If the hearing is held before an adjudicatory panel,
following such hearing and notice of a decision adverse to the Owner, the Owner shall have the
right to appeal the decision to the Board. To perfect this right, a written notice of appeal must be
received by the President or Secretary of the Association or the managing agent of the
Association within fifteen (15) days after the date of the decision, said written notice to contain
information by which the Board may notify the Owner of the date of the appeal hearing. if no
adjudicatory panel is appointed by the Board, no right of appeal shall exist.
(d) Sanction as Assessment. Pursuant to the provisions of this Section,
a fine may be imposed by the Association in an amount not exceeding One Hundred and No/100
Dollars ($100.00) (or any greater amount as may be provided otherwise by law or the Act) per
violation of the Community Document prior to the date of the hearing. If the violation is a
continuing violation that continues from day to day as of the date of the hearing, a fine may be
imposed by the Association at the hearing and without further hearing in an amount not
exceeding the maximum amount permitted by law for each day more than five (5) days after the
hearing that the violation continues to occur. Any fine imposed by the Association shall be an
assessment as set forth in this Declaration and the Act. If it is decided pursuant to the provisions
of this Section that a suspension of privileges or services should be imposed, the suspension may
be continued without further hearing until the violation or delinquency is cured.
Section 23.4 Self Help Remedies. In addition to other rights set forth in the
Condominium Documents and the Act, upon violation or breach of any provision of the
Condominium Documents, the Board shall have the right: (a) to enter a Unit or Limited Common
Element appurtenant thereto, on which or as to which such violation or breach exists and
summarily to abate and remove, at the expense of the defaulting Owner, any structure, thing, or
condition that may exist therein contrary to the intent and meaning of the provisions of the
Condominium Documents, and the Board shall not thereby be deemed guilty in any manner of
trespassed; (b) to use self help to remove or cure any violation of the Condominium Documents
(including, without limitation, the towing of vehicles and removal of Boats); or (c) to enjoin,
abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of
any such breach; provided, however, that before any construction or improvements may be altered
or demolished, except in emergencies, judicial proceedings shall be instituted by the Association
against such defaulting Owner or its tenant.
Section 23.5 Cumulative Remedies/Attorneys' Fees. The Association shall have
all powers and remedies available to it pursuant to the Act and the Condominium Documents
which shall be cumulative of any remedies available at law or in equity. In any action to enforce
the provisions of the Condominium Documents, if the Association prevails, it shall be entitled to
recover all costs, including, without limitation, attorneys; fees and court costs, reasonably
incurred in such action.
Section 23.6 Association's Right Not to Take Action. The Association shall not
be obligated to pursue enforcement action in any particular case, such decisions to be within the
discretion of the Board, except that the Board shall not be arbitrary or capricious in taking
enforcement action. Without limiting the generality of the foregoing, but by way of example, the
Board may determine that, under the circumstances of a particular case: (a) the Association's
position is not strong enough to justify taking any or further action; IIopp��Irl III(II+bII I) the covenant,
ovena t,,I restriction
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or rule being violated is, or is likely to be construed as, inconsistent with applicable law; or (c)
although a technical violation may exist or may have occurred, it is not of such a material nature
as to be objectionable to a reasonable person or justify expending Association funds; or, (d) it is
not in the best interest of the Association to pursue enforcement action.
Such a decision shall not be construed a waiver of the right of the Association to
enforce such covenant, restriction, rule or provision at a later time under other circumstances or
preclude the Association from enforcing any other covenant, restriction, rule, or provision, nor
shall it preclude any Owner from taking action at law or in equity to enforce the Condominium
Documents.
Section 23.7 CAMA Permit Violations, In addition to any and all relief
provided in the Association Documents or otherwise, the violation of any condition, requirement
or other provision of the CAMA Permit shall give the Board the right, at the expense of the
defaulting Owner, to remove any Boat within such Owner's Slip and thereafter prohibit the
replacement of any Boat in such Slip until the defaulting Owner has provided adequate
assurances, in the sole discretion of the Board, that future violations of the CAMA Permit shall
not occur by such Owner. During any time within which a defaulting Owner is not permitted to
occupy the Slip assigned to such Owner's Unit, the Owner shall, nevertheless, be obligated for the
payment of common expenses assessed against his Unit.
Section 23,8 Enforcement by Owner. Nothing set forth in this Article 23 shall
prevent any aggrieved Owner from instituting an action seeking any available remedy at law or in
equity for a violation of the Condominium Documents.
ARTICLE 24.
COMMON SURPLUS
"Common Surplus" means all funds and other assets of the Association remaining
after the payment of or the provision for Common Expenses, including reserves. Any Common
Surplus shall be owned by the Owners of all Units in the same proportion as their Common
Expense liabilities. Except for distribution of any insurance indemnity herein provided, or upon
termination of the Condominium if the Board determines, in its sole discretion, to distribute all
or a portion of the Common Surplus to the Owners, such Common Surplus must be paid to the
Owners in proportion to their Common Expense liabilities or credited to them to reduce their
future Common Expense liabilities.
ARTICLE 25.
TERMINATION
The Condominium may be terminated only in strict compliance with N.C. Gen.
Stat. § 47C-2-118.
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ARTICLE26. BK3230P°297
AMENDMENT OF DECLARATION OF CONDQ UM
This Declaration may be amended as follows:
Section 26.1 Amendments Proposed by Association. Subject to Section 26.3
herein, an amendment or amendments to this Declaration may be proposed by the Board of
Directors of the Association acting upon a vote of a majority of the Directors, or by the Members
of the Association owning a majority of the Units, whether meeting as Members or by instrument
in writing signed by them. Upon any amendment or amendments to this Declaration being
proposed by said Board of Directors or said Members, such proposed amendment or amendments
shall be transmitted to the president of the Association, or other officer of the Association in the
absence of the president, who shall thereupon call a meeting of the Members of the Association
for a date not later than sixty (60) days after receipt by the president of the proposed amendment
or amendments. It shall be the duty of the secretary to give to each Member written or printed
notice of such meeting, stating the time and place thereof, and reciting the proposed amendment
or amendments in reasonably detailed form, which notice shall be mailed not less than fourteen
(14) days nor more than thirty (30) days before the date set for such meeting. If mailed, such
notice shall be deemed to be properly given when deposited in the United States Mail addressed
to the Member at the Members address as it appears on the records of the Association, postage
prepaid. Any Member may, by written waiver of notice signed by such Member, waive such
notice, and such waiver, when filed in the records of the Association, whether before or after the
holding of the meeting, shall be deemed equivalent to the giving of notice to such Member. At
the meeting, the amendment or amendments proposed must be approved by an affirmative vote of
Owners of Units to whom at least sixty-seven percent (67%) of the votes of Unit Owners in the
Association are allocated in order for such amendment or amendments of this Declaration to be
adopted. Any such amendment or amendments as adopted shall be transcribed and certified by
the President and Secretary of the Association as having been duly adopted. The original or an
executed copy of such amendment or amendments, so certified and executed with the same
formalities as a deed, shall be recorded in the Register of Deeds, such amendment or amendments
to specifically refer to the recording data identifying this Declaration. Thereafter, a copy of said
amendment or amendments in the form in which the saute were placed of record by the officers of
the Association shall be delivered to the Owners of all Units, but delivery of a copy thereof shall
not be a condition precedent to the effectiveness of such amendment or amendments. At any
meeting held to consider such amendment or amendments, the written vote of any Member of the
Association shall be recognized if such Member is not in attendance at such meeting or
represented there at by proxy, provided such written vote is delivered to the Secretary of the
Association prior to or at such meeting.
As an alternative to holding a meeting of the Members to consider an amendment
of this Declaration, a written agreement may be circulated among the Members. To be effective,
the written agreement must be executed by the Owners of Units to which at least sixty-seven
percent (67%) of the votes of Unit Owners in the Association are allocated. Once approved, the
amendment or amendments shall be transcribed, certified, executed, recorded and a copy sent to
all Owners as specified above.
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Section 26.2 Amendments by Declarant. Notwithstanding any other provision
hereof, Declarant may amend the Declaration as set forth herein and in the Act to exercise
Development Rights without the consent of any other Person or the Association.
Section 26.3 Amendments Requiring Declarant Consent. During the
Development Period, this Declaration may not be amended without the prior written consent of
the Declarant.
Section 26.4 Amendments Requiring Unanimous Consent Except to the extent
expressly permitted by the Act or other provisions of this Declaration (in compliance with the
Act), no amendment may create or increase special Declarant Rights, create or increase
Development Rights, increase the number of Units, change the boundaries of any Unit, change the
allocated interest of any Unit, or change the uses to which any Unit is restricted in the absence of
unanimous consent of the Owners. Notwithstanding the foregoing, all Owners acknowledge and
agree that Declarant has reserved the right to create additional Units and Slips without joinder or
consent by any Owner or the Association.
ARTICLE 27.
SPECIAL DECLARANT RIGHTS AND DEVELOPMENT
RIGHTS RESERVED UNTO DECLARANT
In addition to each and every right of Declarant as set forth in this Declaration,
Declarant specifically reserves all Special Declarant Rights and Development Rights hereinafter
set forth.
Section 27.1 Special Declarant Rights Reserved by Declarant.
(a) All Special Declarant Rights, as that term is defined in the Act, and
any other Special Declarant Rights as are set forth in the Act and the Condominium Documents.
(b) The right to use any portion or all of the Common Elements for the
purpose of aiding in the sale or rental of Units and future Units. The foregoing right shall
include the right to display and erect any signs, billboards, and placards and to store, keep and
exhibit same and to distribute audio and visual promotional materials upon the Common
Elements. Notwithstanding the foregoing, each Declarant shall exercise said rights only upon
Common Elements servicing Slips owned by Declarant or in which the Declarant has the right to
construct and create additional Units in accordance with Article 5.
(c) The right to declare and utilize such easements as more particularly
set forth in Section 7.3 of this Declaration.
(d) All of the Development Rights, including without limitation the
right to add new Units and Slips to the Condominium.
(e) The right to perform construction work, and to store materials in
secure areas, in Common Elements, and the further right to control all such work and repairs,
together with the right of access thereto, until its completion. All work may be nerfnrr„Prt by
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Declarant without the consent or approval of the Board. Declarant has such an easement through
the Common Elements as may be reasonably necessary for the purpose of discharging
Declarant's obligations or exercising Declaranes Development Rights and Special Declarant
Rights, whether arising under the Act or reserved in this Declaration. Such casement includes
the right to convey utility and drainage easements to public utilities, municipalities, and other
entities to fulfill the plan of development.
(f) The right to appoint, remove, and replace the members of the
Board during the Declarant Control Period. Atlas, its successors and assigns shall have the right
to appoint two (2) board members during the Declarant Control Period and Stillwater, its
successors and assigns shall have the right to appoint one (1) board member during the Declarant
Control Period. Notwithstanding the foregoing, not less than 60 days after conveyance of
twenty-five percent (25%) of the Units (including Units which may be created pursuant to the
Development Rights in Section 27.2) to Owners other than Declarant, at least one Board member
and not less than twenty-five percent (25%) of the Board shall be elected by Owners other than
Declarant. Not later than 60 days after conveyance of fifty percent (50%) of the Units (including
Units which may be created pursuant to the Development Rights contained in Section 27.2) to
Owners other than Declarant, not less than thirty-three percent (33%) of the members of the
Board shall be elected by Owners other than the Declarant.
Not later than the termination of the Declarant Control Period, Owners shall elect
a Board consisting of no less than three nor more than five Directors. At least a majority of the
Directors shall be Owners.
Section 27.2 Develo ment Ri hts Reserved b Declarant.
(a) All Development Rights as the same are defined in this Declaration
and in the Act, including all Development Rights to all Development Property.
(b) The rights to: create and add Units, Common Elements and
Limited Common Elements within the existing Condominium or to be added to the
Condominium; but not to exceed a total of one hundred (100) Units; subdivide Units; convert
Units into the Common Elements; and, withdraw property, Units and Common Elements from
the Condominium. The Development Right reserved to add Units shall not restrict the Declarant
to the construction of buildings or Units of the same size and style as the existing building and
Units in the Condorniniwn.
(c) The Development Rights reserved by Declarant must be exercised
within the Development Period.
(d) The exercise of any or all of the Development Rights reserved by
Declarant shall be pursuant to, and subject to the provisions of, the Act.
Section 27.3 Limitation on Special Declarant Rights, Unless otherwise limited
herein, the Special Declarant Rights reserved by Declarant, including without limitation the
Development Rights, shall terminate no later than the expiration of the Development Period.
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Section 27.4 Phasing of Development Rights. BK 3 2 3 0 P03 0 0
(a) Declarant reserves the right to exercise any of the Development
Rights with respect to the areas or any portions of the Development Property at different times,
No assurances are made by Declarant regarding the areas or any portion of the areas as to the
portions where the Declarant will exercise its Development Rights or the order in which such
portions will be developed. No assurances are made by Declarant regarding whether all or any
portion of the Development Property will be developed. The exercise of any Development Right
as to some portions of the Development Property will not obligate the Declarant to exercise any
of the Development Rights as to other portions. Declarant reserves the right to exercise any of
the Development Rights as to portions., but not all, of the Development Property.
(b) Declarant reserves the right to exercise any of the Development
Rights with respect to the Units owned by the Declarant at different times. No assurances are
made by Declarant regarding the Units owned by Declarant as to when the Declarant may
exercise its Development Rights or in what order. No assurances are made by Declarant
regarding whether or not all the Units Declarant reserves the right to create will be created. The
exercise of any Development Right as to some of the Units owned by Declarant will not obligate
Declarant to exercise any of Declarant's Development Rights as to other Units owned by
Declarant.
Section 27.5 Interference with Special Declarant Rights and Development
Rights.
(a) Neither the Association nor any Owner may take any action or
adopt any rule that will interfere with or diminish any Special Declarant Right or Development
Right without the prior written consent of Declarant.
(b) In relation to Declarants exercise of any Special Declarant Right
and Development Right, the provisions of the Declaration which prohibit or require approval of
construction of or additions or alterations to any improvements shall not be applicable.
Section 27.6 Assianment of Declarant's Rights and Duties. Any and/or all of
the rights, powers and reservations of Declarant herein contained may be assigned by Declarant in
whole or in part pursuant and subject to N.C. Gen. Stat. § 47C-3-104. Upon such assignment, and
to the extent thereof, Declarant shall be relieved from all liabilities, obligations, and duties
hereunder. Declarant may limit and restrict the rights and powers which are assigned to any
Person in the instrument which assigns such rights. The term "Declarant" as used herein includes
all such assignees and their successors and assigns, subject to such restrictions or limitations as
may be imposed in the instrument assigning such rights.
ARTICLE 28.
CONFLICT WITH CONDOMINIUM ACT, SEVER -ABILITY
Should any of the terms, conditions, provisions, paragraphs, or clauses of Sections
of this Declaration conflict with any provisions of the Act, the provisions of the Act shall control
37
5a1'fxu052 3

unless the Act permits the Declaration to override the Act, in which event the Declaration shall
control. In the event that any of the terms, provisions or covenants of this Declaration are held to
be partially or wholly invalid or unenforceable for any reason whatsoever, such holding shall not
affect, alter, modify or impair in any manner whatsoever any of the other terms, provisions or
covenants hereof or the remaining portions of any terms, provisions or covenants held to be
partially invalid or unenforceable.
ARTICLE 29.
LIBERAL CONSTRUCTION
The provisions of this Declaration shall be liberally construed to effectuate its
purpose of creating a uniform plan of condominium ownership. Throughout this Declaration
wherever appropriate the singular shall include the plural and the masculine gender shall include
the feminine or neuter. The Article headings are for convenience of reference only and shall not
be considered terms of this Declaration.
ARTICLE 30.
DECLARATION BINDING ON ASSIGNS
AND SUBSEQUENT OWNERS
The restrictions and burdens imposed by the covenants of this Declaration are
intended to and shall constitute covenants running with the Iand, and shall constitute an equitable
servitude upon each Unit and its appurtenant undivided interest in the Common Elements, and
this Declaration shall be binding upon Declarant, its successors and assigns, and upon all parties
who subsequently may become Owners of Units in the Condominium, and their respective heirs,
legal representatives, successors and assigns.
ARTICLE 31.
ASSOCIATION RECORDSANSPECTION
The Association shall keep and maintain as permanent records those records
designated in N.C. Gen. Stat. § 55A-16-01 and N.C. Gen Stat. § 47C-3-118. Those records shall
be available for inspection and copying by Members of the Association pursuant to the
provisions of N.C. Gen. Stat. § 55A-16-02.
ARTICLE 32_
CONDEMNATION
In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of
all or any part of the Property, the same shall be repaired or restored, and/or the awards paid on
account thereof shall be used and applied in accordance with N.C. Gen. Stat. §47C-1-107.
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ARTICLE 33.
TAXES
Pursuant to the provisions of N.C. Gen. Stat. § 47C-1-105, each Unit and its
appurtenant undivided interest in the Common Elements shall be deemed to be a single tax
parcel and shall be separately assessed and taxed by each assessing unit and special district for
all types of taxes authorized by law including but not limited to, special ad valorem levies and
special assessments. Each Owner shall be liable solely for the amount of taxes against the
Owner's individual Unit and shall not be affected by the consequences resulting from the tax
delinquency of other Owners. Neither any building, the Property nor any of the Common
Elements shall be deemed to be a separate parcel. Provided, however, pursuant to the provisions
of N.C. Gen. Stat. § 447C-1-105, any areas in which Declarant has Development Rights shall be
separately taxed and assessed against Declarant until Declarant exercises Declarant's
Development Rights therein or Declarant's Development Rights expire, terminate, or are released
by Declarant.
ARTICLE 34.
LITIGATION
Except as provided below, no judicial, quasi judicial, administrative, or
governmental proceeding shall be commenced or prosecuted by the Association unless approved
by a vote of the Owners holding at least sixty seven -percent (67%) of the vote and the consent of
Declarant during the Development Period. This Section shall not apply, however, to (a) actions
brought by the Association to enforce the provisions of the Condominium Documents (including,
without limitation, the foreclosure of liens); (b) the imposition and collection of assessments as
provided in Article 22; (e) proceedings involving challenges to ad valorem taxation; or (d)
counterclaims brought by the Association in proceedings instituted against it. This Section shall
not be amended unless such amendment is approved by the percentage of votes, and pursuant to
the same procedures, necessary to institute proceedings as provided above.
No judicial, quasi judicial, administrative or governmental proceeding shall be
commenced or prosecuted by the Association against or involving Declarant unless approved by
a vote of the Owners holding at least seventy-five percent (75%) of the vote.
39
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IN TESTIMONY WHEREOF, Stillwater has caused this instrument to be executed under
seal and in such form as to be binding, all by authority duly given, this the day and year fast
above written.
STILLWATER INVESTMENT GROUP, LLC,
a North Carolina limited liability company (SEAL)
B : _ ..:. (SEAL)
Name: I > v
Title:
STATE OF Odgg Coln-WQA
COUNTY OF �sorsEtJ _
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: A SNII js o = /1'fo�aer jw. Zmk $to t+ GR)-p, U.C..
Date: 9 I1 LM3
(Official
6
Q—
SiAature of Notary Public
Si,- f ho ZC,c r:' ea,
Notary's printed or typed name
My commission expires: 1 / a ZUL3
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Notary seal or stamp must appear within this box..
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ATLAS NC I SPE, LLC,
a North Carolina limited liability company (SEAT.)
By: /„ (SEAT.)
Name:r�
Title: e s:
STATE OF A61- W (�,4106h f L,.
COUNTY O
Fcertify that the following person personally appeared before me this day, acknowledging to me
that he/she signed the foregoing document for thepprpose(s) stated therein, inthe capacity
indicated therein: G!->aC A • 4 e Z l K' � �'n 16 4t Vi c t &LS dC It �
Date. SLpL-,t?r,- II l'Do
l3
Seal)
SUSAN A YOUNG
NOTARY PUBLIC
FORSYTH COUNTY
NORTH CAROUNA
MY COMMISSION EXPIRES OCT. 02 2015
Notary seal or stamp must appear within this box.
Snas9USz_3
SiV ature of Notary ,bli
S01 Yfis r,
Notary's printed or typed name
My commission expires: (7Ic�'-�C l
41
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Image IO: C-7A02274698 Type: ORP
Page 47 of 50
B-3230PG304

EXHIBIT A
(Legal Description - Initial Condominium Property)
All of those certain tracts or parcels of real property located in the City of New Bern, Craven
County, North Carolina, and more particularly described as follows:
All of Parcels A, E, F, G and H as the same are shown and delineated on that certain map or plat
entitled "Stillwater Harbour Marina A Condominium" by Gaskins Land Surveying, P.A., dated
July, 23, 2013, and recorded in Plat Cabinet L Slides 31 A through 31 D, in the office of the
Register of Deeds of Craven County, North Carolina.
I III�I�IIIII�I�If�II�IIU�lllll ICI �I�III�IIIII4lllllll�ll III
Image ID: 000002274699 Type: CRP
Pape 48 of 50
8K3230 PG305
50089052 3

EXHIBIT B
UNIT NUMBERS, SLIP ALLOCATIONS,
PERCENTAGE ALLOCATIONS AND VOTES
Unit #
LCE Slip
Unit Allocated
to Unit
Maximurn
Rigged
Boat
Length
feet
Percent Allocation of
Interest in Common
Elements and Allocation of
Responsibility for
Common Ex enses Votes
B31
__IXP=C=
B31
30
8.33% 30
B32
B32
30
8.33°% 30
B33
B33
34
8.33% 30
B34
B34
30
$.33% 30
B35
B35
30
8.33% 30
B36
B36
30
8.33% 30
B37
B37
30
8.33% 30
B38
B38
30
8.33% 30
B39
B39
30
8.33% , 30
B41
1341
30
8.33% 30
B42
1342
30
8.33% 30
B43
B43
30
8.33% 30
Total:
*Rounded per N.C. Gen. Stat, § 47C-2-107(d) Image ID: 000002ZPage04BYPe:56RP
ax3230 PG306
iex 1*4152 3

l I�I�IIl� n� III �n ����I��In�l III III�I � I ICI I�
tmape to: OOOOu2274701 Type: CRP
Paoe 54 of 50
EXHIBIT C EK3230 PG307
INITIAL USE RESTRICTIONS
Use. The use of each SIip hereby is restricted exclusively to docking seaworthy Boats
which are "not for hire" and are utilized for recreational purposes; provided, however, the
Association may permit limited use of Slips by "for hire," charter or commercial Boats
subject to rules prescribed for such uses from time to time by the Board. Each Slip Unit
is restricted to nonresidential use.
2. Leasing. Nothing contained herein shall prohibit the leasing or renting of a Slip Unit or
Slip; provided, however, that:
a. No Slip Unit or Slip shall be leased or rented for a period of less than three (3)
months without the prior written consent of the Association.
b. All leases for any Slip shall be in writing signed by the Owner and the tenant.
C. All leases shall be in such form, and contain such provisions, as approved by the
Board, including provisions (a) requiring the tenant to comply with the
Condominium Documents, (b) providing that the failure of any tenant under a
lease to comply with the Condominium Documents shall constitute an event of
default under the lease, and (c) providing that the Association may exercise any
and all remedies for a default under the Condominium Documents against the
Owner and the tenant under the lease including, without limitation, the right to
remove a tenant and its Boat from possession of a Slip by judicial process or
otherwise,
d. A true executed copy of any lease for a Slip shall be provided to the Association
prior to the occupancy by the tenant of such Unit or Slip. For purposes of this
Declaration, "leasing" is defined as regular exclusive occupancy of a Slip by any
Person other than the Owner, for which the Owner receives any consideration or
benefit including, but not limited to, a fee, service, gratuity, or emolument. The
Board may adopt reasonable additional restrictions and rules regulating leasing
and subleasing of Slips.
e. Notwithstanding the above, the Declarant retains the right to lease any Slip it
owns upon terms and conditions as it, in its sole discretion, deems appropriate,
subject to the terms of the Declaration.
500890523

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date September 7th, 2022
Name of Property Owner Applying for Permit:
P& G investments LLC
Mailing Address:
Richard Gaylord Homes, INC
2424 Glenwood Avenue, Raleigh, North Carolina 2760E
I certify that I have authorized (agent) Dwayne Brabble
to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) various bulkheads and boat slips
at (my property located at) RricPc Creek Harbour New Bern, North Carolina, formerly k0own as StillwatE
Harbour
This certification is valid thru (date) September 7th, 2023
Property Owner Signature
Richard W. Gaylord Jr, member manages September 7th, 2022
Date

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D t E DE✓ELOF-MENTS cam e-r+.r:. .."-o
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STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW �U 2US�p I
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
VHI STORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE.
ga2 ES a Al
YYYYMMDD i

FINANCIAL RESPONSIBILITY/OWNERSHIP FORM RECE D
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by th tXON
form and an acceptable erosion and sedimentation control plan have been compieted andME
Land Quality Section, N.C. Department of Environment and Natural Resources. (Pleas
�V ,
the question is not appilcable or the e-mail and/or fax information unavailable, place NIA in the blank.)
Part A.
Project Name. Stillwater Harbour — A Planned Unit Development
Location of land -disturbing activity: County Craven City or Township New Bern
Highway/Street NCSR 1004 Latitude N 350 - 4.084' Longitude W 77" - 3.338'
Approximate date land -disturbing activity will commence: February 2008
Purpose of development (residential, commercial, industrial, institutional, etc.): Residential
Total acreage disturbed or uncovered (including off -site borrow and waste areas): 2.23
6. Amount of fee enclosed: $ 195.00 . The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
7. Has an erosion and sediment control plan been filed? Yes X No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity.-
Name- Kevin Avolis, P.E. E-mail Address avolisenq&lpm_online.net
Telephone [phone] Cell # 252-671-9333 Fax # [phone]
9. Landowner(s) of Record (attach accompanied page to list additionai owners):
Stillwater Investment Group, LLC
Name
2859 Trent Road
Current Mailing Address
252-638-8310 252-638-1224
Telephone Fax Number
2859 Trent Road
Current Street Address
New Bern, NC 28562 New Bern, NC 28562
City State Zip City State Zip
10. Deed Book No. 2519 Page No. 806 Provide a copy of the most current deed.
Part B.
Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Stillwater Investment Group, LLC
Name
2859 Trent Road
Current Mailing Address
E-mail Address
2859 Trent Road
Current Street Address
New Bern, NC 28562 New Bern NC 28562
City State Zip City State Zip
Telephone [phone] Fax Number 252-638-1224
ct 0

2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone
Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsibie Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
T.A. Bayliss, IV Member/Manager
Type or,,print dame Title or Authority
Signature Date
I, Beth Simmons , a Notary Public of the County of Craven
State of North Carolina, hereby certify that T.A. Bayliss, IV
appeared personally before me this day and being duly sworn acknowledged that the above form
was executed by him. r
Witness my hand and notarial sea[, this 1 2. day of 20�
J
Notary
Seal
My commission expires April 22, 2009

GGZ] 97
in accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Residential Subdivisions where
lots Will be subdivided and sold and runoff -will be treated in an engineered stormwater control facility.
Deed restrictions and protective; covenants are necessary to ensure that the development maintains a
"built,upon" area consistent with the design criteria used to size the stormwater control facility.
1, T.A. Bayliss, IV , acknowledge, affirm and agree by my signature below, that
I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are Intended to ensure ongoing compliance with State Stormwater
Management Permit Number as issued by the Division of Water Quality
under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is 4,475 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water. , - ; _ _r
surface of swimming pools. x`r. .t ;„.;,?+ _,�f,,p
OR, If the proposed built -upon areas per lot will vary, please REPLACE #6 above with the
following: NOV 5 200
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # BUA Lot # BUA Lot # BUA Lot # BUA is
l' yF�� Hai
This allotted amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot'line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools,
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the jsem are not required to provide these additional measures.
Signature: T.A. Ba lies IV Date:November_5, 2007
I, Beth Simmons a Notary Public in the
State of North Carolina , County of Craven
do hereby certify that T.A. Ba. liss IV personally appeared
before me this the 5th day of November , 20 07 , and acknowledge
++ nrrrr
the due ecution of the foregoing instrument. Witness my hand and offi
EAL
Signature = NOTARY
PUBLIC
My Commission expires _April 22, 2009
rirrrr i i+++�+

STORMWATER NARRATIVE
Stillwater Harbour - A Planned Unit Development
Marion Drive
New Bern, North Carolina
The Stillwater Harbour project consists of the development of a 64 lot single-family residential
subdivision on 63.11 acres of land located off of Marion Drive and Brices Creek Road in New
Bern, Craven County, North Carolina. In addition to 64 single-family residential lots, a public
road network and public utility network will be installed.
The subject property is the location of a formerly operated borrow pit. Nello Teir Corporation
operated a sand and marl borrow pit on the subject property during the 1960's and 1970's. Two
large inland manmade basins were created from borrow pit activities which connect to Brices
Creek as depicted on the project plans. The upland area remaining covers a total of
approximately 33.45 acres and surrounds portions of these inland basins. The Stillwater Harbour
development will be constructed on the upland areas of this site.
In order to properly execute the project, a Coastal Stormwater Permit will be secured.
Additionally, a City of New Bern Stormwater Permit will be secured.
The subject property will be developed to an overall density of 30.32%. The overall density is
calculated utilizing the upland areas of the site only. The upland development will be graded and
constructed to create two primary drainage basins in the area of the subdivision. Drainage Basin
No. 1 is located on the southern side of the project. This drainage basin covers a total area of
8.76 acres. All runoff in this area of the development will discharge to Stormwater Retention
Pond No. 1. Stormwater Retention Pond No. 1 is designed to an 90% TSS removal standard.
Discharge from this pond will occur to the upland areas landward of the buffer and which will
ultimately flow through the buffer and discharge to the inland basin area. The stormwater
retention pond is designed to retain as a minimum the first inch of runoff volume. Drainage
.Basin No. 1 is being developed to an overall density of 50.0%. It is proposed that a total of
190,925 square feet of impermeable surfaces be created within the drainage basin. The
stormwater retention pond has been significantly oversized in order to maintain post
development runoff levels to pre -development levels.
Drainage Basin No. 2 is located on the northern side of the subdivision property. This drainage
basin covers a total area of 10.92 acres. It is proposed that a total of 212,135 square feet of
impermeable surfaces be constructed within this drainage basin. The percent built -upon for this
drainage basin is 44.6%. All runoff from this drainage basin will discharge to stormwater
retention pond No. 2. Stormwater Retention Pond No. 2 was designed for 90% TSS removal.
The stormwater retention pond has been oversized in order to maintain post development runoff
levels within this drainage basin to levels not exceeding 10% of the pre -development runoff
levels. This stormwater retention pond will discharge to an existing ditch located on the
northeastern corner of the subject property.

A third drainage basin is associated with this project. This 2.2 acre drainage basin is located on
the northeastern side of Marion Drive. It is proposed that a small boat storage area and overflow
parking area be developed in this area of the site. Stormwater runoff from this boat storage area
will occur through sheetflow action to a stormwater retention pond designed to 90% TSS
removal efficiency. It is proposed that a total of 0.87 acres of impermeable surfaces be created in
this basin to an overall density of 39.5%.
Other fringe drainage basin areas exist along the southwestern and northwestern perimeter of the
borrow pit area. These areas generally coincide with the wetland areas on the site. It is proposed
that no land disturbing activities occur in these fringe drainage areas.
The proposed installation of three stormwater retention ponds in the developed areas of the site
provide a stormwater treatment system which complies with the Coastal Stormwatcr Regulations
and the City of New Bern Stormwater Permitting Program.

North Carolina Secretary of State
http://W ww.secm#BTy. State.nc.usloorporatloiWCorp. aspx?Pitemld=...
CORPORATIONS
�..� -North Carolina'
a Elaine F Marshall DEPARTMENT OF THE
Secretary SECRETARY of STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
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Date: 5/29/2007
Click here to:
View Document Filings I
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Form I Annual Report Count I File an Annual
Report I
Corporation Names
Name Name Type
NC Stillwater
Investment Group, Legal
LLC
Limited Liability Company Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
0845990
Current -Active
5/15/2006
Domestic
NC
Perpetual
Agent Name:
WASLAW, LLC
Registered
1001 College Court
Office Address:
New Bem NC 28562
Registered
PO Box 867
Mailing Address:
New Bem NC 28563-0867
Principal Office
1440 McCarthy Boulevard
Address:
New Bern NC 28562
Principal Mailing
PO Box 13845
Address:
New Bern NC 28561
1 of 2 5/29/2007 11:04 AM

if
2
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PI/
-07
fvk,� War Lk
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control -plan have been -completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.)
Part A.
1. Project Name
2. Location of land -disturbing activity: CountyCraven
Highway/Street NCSR 1004 Latitude N 350-4.084'
3. - Approximate date land -disturbing activity will commence:
DeyelQMent!�
Y 2 6 2007``
City or Township I New
Longitude W 77° ,' , la cKC11CJPi i
1 1 2007 wASHINGfON REGIONAL OFFICE
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Residential
21 .87- AC ..0n-, Qe, 5.6 Offs to Sewer
5. To al acreage distur ed or uncovered(including op -site borrow and waste areas): 27.5 Acres
6. Amount of fee enclosed: $ 1,400.00 . The application fee of $50.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450).
7. Has an erosion and sediment control plan been filed? Yes X No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Kevin Avolis, P.E. E-mail Address [e-mail]
Telephone [phone] Cell # 252-671-9333 Fax # [phone]
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Stillwater Tnvestment Group, LLC
Name
2859 Trent Road
Current Mailing Address
New Bern, NC 28562
City State
10. Deed Book No. 2519
Part B.
252-638-8310
Telephone
2859 Trent Road
Current Street Address
New Bern, NC 28562
Zip City
State
252-638-1224
Fax Number
Zip
Page No. 806 Provide a copy of the most current deed.
1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Stillwater Investment Group, LLC
Name- E-mail Address
2859 Trent -Road 2859 Trent Road
Current Mailing Address Current Street Address
New Bern, NC 28562 New Bern, NC 28562
City State Zip City State Zip
Telephone [phone] Fax Number 252-638-1224

2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Current Mailing Address
City
Telephone
E-mail Address
Current Street Address
State Zip City State Zip
Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
Current Mailing Address
City State
Telephone
E-mail Address
Current Street Address
Zip City
Fax Number
State Zip
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there by any change in the information provided herein.
Andy Bayliss
Type �Ze
L
Si-_-ature--6_1
6_1
I Beth Simons
Member/Manager
Title or Authority
Date
a Notary Public of the County of Craven
State of North Carolina, hereby certify that Andy Bayliss appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal, this
NARY
PUBLIC
do
U!"'' day of Ma 200
Notary
My commission expires April 22, 2009

(Page, 1 of . d)
,;,
J)
el Nos. 7-103-11002, 7-103-9001, 7-103-9D07,
103,9003, 7-103-9005, portion of 7-103-017
d portion of 7-103-010
LINTY
I TS DE
ARTHU , JR.
ARTHUR, part
/ITI#�#��1��1#lila##�##I1i##i�i#UIl�l1��#�#I��i���#�##�i#�
Recorded; 01010 3/20061atT 3eS5C18 P11
Fee Amt: $8,023.0o page 1 of 4
Fxclse Tax: $a,000.00
Craven, NC
Sherri 8. fUchard Renlater of Deeds
eK2519PG806
PREPARED BY THOMAS M. WARD
(trio Title Graminatiion Performed)
made this ?QA- day of October, 2006, by and between, GUY M.
wife" D RIS A. ARTHUR, and JAMES P. ARTHUR and wife, LINDA
t pa�E afid sometimes "ARI HURS"; and STILLWATER
afhe r
INVESTMENT GROUP -, -LC, p 6-f the second part, and sometimes "STILLWATER",
having an address of 2859 %Trnt R ad ew B , N RII arolina, 28562.
WI NE,SSE:I'H:
THAT said parties of the first part, for ' 'rr cow ns�ation of the sum of Ten Dollars
($10.00) and other good and valuable consideration to Olem-i) ant�pai8 by the said party of
the second part, the receipt of which is hereby acknowledge , have,b'argwno&,and sold, and by
these presents do bargain, sell and convey unto the said party C)'I`Tii� secor#d�part, its
/s�u�ssors
and assigns, all that certain tract or parcel of land lying and being. sit ate i Nzfmber even
Township, Craven County, North Carolina, and being more particularly describ - as (lows:
Being shown as 'tract No. 1, containing 6091 acres, more or less, and Tract No.
2, containing 2.20 acres, as more particularly shown on that certain plat of survey
by Kendall Gaskins, PLS, entitled "Survey for Stillwater Investment Group,
LLC", dated October _L[_, 2006, said map being recorded in Plat Cabinet,
at Slide in the office of the Registrar of Deeds of Craven County.
S298QS '"f•I rlvt;�auj+,
Book:2519,Page:806

(Pace 2 of 4)
The aforesaid Tract No. l includes, but is not limited to, the tract depicted as
"Water" of 29.66 acres, fronts on Brices Creek between the southernmost point
of fine 196 and the northernmost point of Line 145 as shown and delineated on
the aforesaid map and includes the channel running from Brices Creek to the
tract depicted as "Water" on the aforesaid map.
Subject to and together with such riparian and littoral rights and appurtenances as
may be associated with said property.
TCTHAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and
nances thereunto belonging to the said party of the second part, its successors and
assigns, in fee/simoli~ forever.
AND. the said p the first part, for themselves, their heirs, successors and assigns,
covenant to and �,ith t said 1 o�t a econd part, its successors and assigns, that they are
seized of said premises in fr—and have th�/nght,to convey the same in fee simple; that the same
is free and clear of all enc
and defend the said title to the same
M TESTIMONY WHEREOF, the
adopted as their seal the typewritten word "SEAL"
year first above written.
above, and that they will warrant
ms of all persons whomsoever.
of first p ave set their hands and
:ari Jlc�e t�i i ames, all the day and
DORIS A. ARTHUR
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3 ES F. ARTHUR
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STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I certify that the following person(s) personally appeared before me this day,
ledging to me that he or she signed the foregoing document: GUY M. ARTHUR, JR.
06
Sr ature of olary Public
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Printed or typed name
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My commission expires: (,;Zee
STATE OF NORTH CAR
COUNTY OF CRAVEN
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1 certify that the following persT(s} PC so l;
acknowledging to me that he or she signed the, oregoing do
LINDA ARTHUR.
Date:.___ l D l f ,1 (o U
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-d before me this day,
JAMES F. ARTHUR and
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Printed or typed name
(Official Sea]) �' (ARY My commission expires. (d
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pled tar ration at zSLM o'clock
This 2il
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Register of Deeds Craven County
Sherri B. Richard
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