SW8000938_CURRENT PERMIT_20230406

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 aD Oq 3 S
DOC TYPE CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE 201-6 o,} c»
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ROY COOPER
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ELIZABETH S..BISER *=R ^
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DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
April 6",2023
Willie Stargell Office Park
Attn: William Van Lew, President
110 Woodland Drive
Leland,NC 28451
Subject: Permit Renewal
Post-Construction Stormwater Management Permit No. SW8000938
Willie Stargell Office Park
New Hanover County
Dear Mr. Van Lew:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on December 28', 2022. The Division is hereby notifying you that permit SW8000938 has
been renewed, updated, and re-issued on April 6,2023, as attached. Please be aware that the renewal and re-
issuance of this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until January 30",2031 and does not supersede any other agency permit that may
be required. The project shall be subject to the conditions and limitations as specified therein. This permit does
not impose new or increased stormwater control requirements;it clarifies the rules and requirements of this
program to provide you with a better understanding of your obligations under this permit. Failure to comply with
these requirements will result in future compliance problems. Please note that this permit is not transferable
except after notice to and approval by the Division.
If any parts, requirements,or limitations contained in this permit are unacceptable,you have the.right to request
an'adjudicatory hearing by filing a written petition with the Office of Administrative Hearings.(OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OA14 within thirty (30)days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee(if a filing fee is required)and/or the details of the filing process at 6714.Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919-431-3000,or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit,please contact Aisia Freeman in.the Wilmington Regional
Office, at phone [phone] or [e-mail].
Sincerely,
5;Brian Wrenn, Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Designer's Certification Form
Attachment C—Permitting History
Copy of the Renewal Application Documents
DES/af` \\\Stormwater\Permits&Projects\2000\000938 HD\2023 04 permit 000938
cc: Wilmington Regional Office Stormwater File
D_E Q,� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carortna 28405
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w.�suewooar.� /`� 910.796.7715

Post Construction Stormwater Management
Permit No. SW8000938
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws. Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Willie Stargell Office Park Association
Willie Stargell Office Park
609 and 613 Shipyard Boulevard, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of one (1) wet detention pond in compliance with the provisions of
15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded
documents, specifications, and other supporting data (the "approved plans and specifications") as attached
and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved
plans and specifications. The approved plans and specifications are incorporated by reference and are
enforceable part of this permit.
This permit shall be effective from the date of issuance until January 30'", 2031 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until the
permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however,
these actions do not stay any condition. The issuance of this permit does not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as
allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described in
Section 1.6 of this permit. The stormwater control has been designed to handle the runoff from 154,404
square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable
parts of the permit.
4. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per
approved plans.
Page 1 of 5

Post Construction Stormwater Management
Permit No. SW8000938
5. The runoff from all permitted onsite and offsite built-upon area permitted with this project must be
directed into the permitted stormwater control system.
6. The following design criteria have been permitted for the wet detention pond and must be maintained at
design condition:
a. Drainage Area, acres: 6.1
b. Total Impervious Surfaces, ft': 154,404
Buildings 49,620.
Parking 76,063
Sidewalk 7,587
Offsite Area, ft': First Street @21,134
c. TSS removal efficiency: 90%
d. Pond Design Depth, feet: 7.5
e. Permanent Pool Elevation, fmsl: 14.0
f. Permanent Pool Surface Area, ft': 5,551
g. Temporary Storage Elevation, fmsl: 18.0
h. Provided Storage Volume, ft': 30,894
i. Controlling Orifice: 1.5" T pipe
j. Receiving Stream: Greenfield Lake
k. River Basin / Index#: CPF17 18-76-1
I. Classification of Water Body: "C Sw"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety, vegetated and operational for
its intended use prior to the construction of any built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to assure the
permitted stormwater system functions at design condition. The approved Operation and Maintenance
Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including,
but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal, repair and unclogging of outlet structure, orifice device, catch basins and
piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to authorized
personnel of DEMLR. The records will indicate the date, activity, name of person performing the work
and what actions were taken.
5. Decorative spray fountains will not be allowed in the stormwater treatment system, as the permanent
pool volume is less than 30,000 cubic feet.
6. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans
and specifications, and other supporting data.
Page 2 of 5

Post Construction Stormwater Management
Permit No. SW8000938
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation
of this permitted facility, a certification must be received from an appropriate designer for the system
installed certifying that the permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
8. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility.
9. The permittee shall maintain a copy of the approved plans and specifications on file at all times.
10. No person or entity, including the permittee, shall alter any component shown in the approved plans
and specifications. Prior to the construction of any modification to the approved plans, the permittee
shall submit to the Director, and shall have received approval for modified plans, specifications, and
calculations including, but not limited to, those listed below. For changes to the project or SCM that
impact the certifications, a new or updated certification(s), as applicable, will be required and a copy
must be submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the SCM(s),
BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or
property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of
the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on
the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material
to be considered a permeable surface that were not included in the approved plans and
specifications.
g. Other modifications as determined by the Director.
11. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater
facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted
by the sale of any portion of the property.
12. The permittee is responsible for verifying that the proposed built-upon area does not exceed the
maximum allowable built-upon area.
13. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall
submit a written time schedule to the Director for modifying the site to meet minimum requirements.
The permittee shall provide copies of revised plans and certification in writing to the Director that the
changes have been made.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall
take immediate corrective actions. This includes actions required by this Division and the stormwater
rules such as the construction of additional or replacement on-site stormwater systems. These
additional or replacement measures shall receive a permit from the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate application,
documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Page 3 of 5

Post Construction Stormwater Management
Permit No. SW8000938
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The
permittee shall submit a completed Permit Information Update Application Form to the Division within
30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval
by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance
of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must
be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business association that
has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property on which
the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal
proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the permitted
activity is occurring or will occur,
V. The assignment of declarant rights to another individual or entity,
vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be
conducted by Division personnel to ensure the permit conditions have been met and that the project
and the on-site stormwater system complies with the permit conditions. Records of maintenance
activities performed to date may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this
permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during
normal business hours to inspect all components of the permitted project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual
certification completed by either the permittee or their designee confirming the projects
conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide copies of
modified plans and certification in writing to the Director that the changes have been made.
Page 4 of 5

Post Construction Stormwater Management
Permit No. SW8000938
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying
with and obtaining any other permits or approvals that are required for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
Permit renewed, updated and reissued this the 61 day of April 2023.
NORTH CTA•ROLIINNAaENVIRONMENTAL MANAGEMENT COMMISSION
G
5�;Douglas R. Ansel, Interim Director
Division of Energy. Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5

Post Construction Stormwater Management
Permit No. SW8000938
Attachment A
Horizon Park
Stormwater Permit No. SW8 000938
New Hanover County
Designer's Certification
I, , as a duly registered in the State of North
Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
SEAL
Signature
Registration Number
Date
Page 1 of 2

Post Construction Stormwater Management
Permit No. SW8000938
Certification Requirements:
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the runoff drains to the
system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, and a forebay.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDEQ-DEMLR Regional Office
New Hanover County Building Inspections
Page 2 of 2

Attachment C-Permitting History
Willie Stargell Office Park formerly Horizon Park
Permit No.SW8 000938
Approval Permit Action BIMS Description of the Changes Modified Plan Sheets
Date Version
High Density Stormwater Project-construction,operation
and maintenance of a wet detention pond in compliance
1/30/2001 Original Approval 1.0 with the provisions of 15A NCAC 2H .1000. The Cl, C3
stormwater control has been designed to handle the
runoff from 154,404 square feet of impervious area.
High Density Commercial Project-construction,operation
and maintenance of one(1)wet detention pond in
3/12/2015 Renewal 2.0 compliance with the provisions of 15A NCAC 2H .1000.
The stormwater control has been designed to handle the
runoff from 154,404 square feet of impervious area.
Ownership Transfer-Permit Transfer under SL 2011-256-
construction, operation and maintenance of one(1)wet
10/1/2015 Minor 2.1 detention pond in compliance with the provisions of 15A
Modification NCAC 2H .1000.The stormwater control has been
designed to handle the runoff from 154,404 square feet
of impervious area.
4/6/2023 Renewal 3.0
This permit shall be effective until January 30`",2031
Page 1 of 1

- - YC,Y,LIB VJC VIVLI
Date Received Fee Paid Permit Number
- o
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3) the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8000938
2. Project name: Willie Stagell Office Park Assoc. (formerly Horizon Park)
3. Project street address: 615 Shipyard Blvd.
City: Wilmington County: New Hanover
ZIP : 28412
4. What, if any, changes have been made to the project as permitted? None
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https://deg nc goy/about/divisions/enerqv-
m i n era I-land-re sou rces/energv-min era I-land-ru I e s/stormwater-prop ra m/po st-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at. httl)s://deg.nc.gov/about/divisions/energv-mineral-land-
resources/energv-mineral-land-rules/stormwater-program/post-construction. State StormwaterPermits do not
automatically transfer with the sale of the property.
1. Current Permit Holders Company Name/Organization: Willie Stargell Office Park
2. Signing Official's Name: Sus2y Seltaer•- �Aj t I I I-u,n Vu Le in:
3. Signing Official's Title: P peg s F P o!}
4. Mailing Address: 110 Woodland Dr.
City: Leland State: NC ZIP : 28451
5. Street Address: same
City: State: ZIP
6. Phone: [phone] Email: susanoncpmallc.com
Pali=d_1� 7 t j
APR 0 3 2023
BY.,
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal NQW/ORIM. Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
SS 1. A permit application processing fee of$505.00 payable to NCDEQ.
SS 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation —a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC)—a manager or company official as those terms are defined
in G.S. 57D"North Carolina Limited Liability Company Act;"
c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership—the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the
signature of another entity.
SS 3. One hard copy and one electronic copy of recorded documents required by the original permit that have
not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
ss 4. O&M Agreements, Please select one:
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
® I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
ss 5. Designer Certifications, Please select one:
® A copy of the certification(s)confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE]When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
httos://www.sosnc.gov/online services/search/by title/ Business Registration
Stormwater Permit Renewal Application Form Page 2 of 3 May 11,2018

D. PERMITTEE'S CERTIFICATION
\!�)I�N 1 a M \) a-% L 2 w the person legally responsible for the permit, certify that I have
a copy of the Permit and OW Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built-upon area and to submit the proper forms to modV or4wsfer the permit prior to any changes to the
project, SCMs r ownership. All infor ation provide this permit renewal application is, to the best of my
knowledge,Vand com late.
Signature: Date: 03
NOTARIZATION:
a Notary Public for the State of
No- }ti C 4. o County of N kA o ov c — do hereby certify
that personally appeared before me
this the 3 J�~ day of M o - cti, 20 13 , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Sea,)
CHRISTINA M CARTER
NOTARY PUBLIC
Notary Signature: ~ ' � "� New Hanover County
North Carolina
Mycommissionexpires P`er•� �1t2a � 3 MyCanmisabnF�IresA ;,rrs,s>Y;
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

TE 00046
Permit No. SW8 000938
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied jar use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
1. PROJECT INFORMATION (please complete the following information):
Project Name: Horizon Park
Contact Person: Phillip Tripp Phone Number: C9j0J 763-5100
For projects with multiple basins, specify which basin this worksheet applies to: 1
elevations
Basin Bottom Elevation 6.5 ft. (floor of the basin)
Permanent Pool Elevation 14.0 ft. (elevation of the orifice)
Temporary Pool Elevation 18.0 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 5551 sq.ft. (water surface area at the orifice elevation)
Drainage Area 6.10 ac. (on-site and off-site drainage to the basin)
Impervious Area 3.54 ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume 19 884 cu.ft. (combined volume of main basin and forebay)
Temporary Pool Volume 3Q894 cu.ft. (volume detained above the permanent pool)
Forebay Volume 4,506_cu.ft. (approximately 20% of total volume)
Other parameters
SA/DA' 0.0186_(surface area to drainage area ratio from DWQ table)
Diameter of Orifice 1.5 in. (2 to 5 day temporary pool draw-down required)
Design Rainfall I in.
Design TSS Remova12 90 % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

'Footnotes:
1. When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2. In the 20 coastal counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
IL REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
b. The forebay volume is approximately equal to 20% of the total basin volume.
c. The temporary pool controls runoff from the design storm event.
d. The temporary pool draws down in 2 to 5 days.
NA e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
N calculations).
f. The basin length to width ratio is greater than 3:1.
AA
✓"J g. The basin side slopes above the permanent pool are no steeper than 3:1.
Nh. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
A of-way.
P91. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin
Q1 in. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) ❑ does X does not incorporate a vegetated filter at the outlet.
This system (check one) ❑ does X does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. . Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 5.625_feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
ill in the blanks)
Permanent Pool Elevation 14.0
Sediment moval El. 11.75 V756-------- - Sediment Removal Elevation 5.375 725%
Bottom evation 11.0 ----------------------------------------------Bottom Elevation 6.5
FOREBAY
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent possible.
Form SWU-102 Rev 3.99 Page 3 of 4

`7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: Bradley Pointe, LLC, Steve Niemeyer
Title: Managing Member
Address: 1650 Military Cutoff Road, Suite 200, Wilmington, NC 28403
Phone: [phone]
Signature:
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and
a resident of the subdivision has been named the president.
1, Monica V. Loughlin , a Notary Public for the State of North Carolina
County of New Hanover duo hereby certify that Steve Nieme er
personally appeared before me this day of 50 , 2000� and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
FAO"ri p lV 1 1 lLtlO/l�Gy�i/��
�''NOTagy
=m. ici JIB � Cyt �/ ,
. jOUBL\G
SEAL
My commission expires 08/07/01
Form SWU-102 Rev 3.99 Page 4 of 4

i
TE 0004.6
State Stormwater Management Systems
Permit No. SW8 000938
Horizon Park
Stormwater Project No. SW8 000938
New Hanover County
Engineer's Certification
I, Phillip G. Tripp as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
Horizon Park
(Project)
for Bradley Point, LLC (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature 6A `` CA%i
TV^
Registration Number 17374 =�`=o: oF"SION./,p'�
4 Z
SEAL �
Date �' �' a 17374 y
REG�Ry��`�

State Stormwater Management Systems
Permit No. SW8 000938
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
�2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
RL3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
_0_4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
_QL6. Trash rack is provided on the outlet/bypass structure.
.a_7. all slopes are grassed with permanent vegetation.
&8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
A&_13. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
�14. The required dimensions of the system are provided, per the approved
plan.

02-1
FOR REGISTRATION REGISTER OF DUDS
RER£OCA T GHR ISTIAN
NEN HANONER GOURY, NO
2002 DEC 09 09.19 19 AM
BK 3555 PG 221-249 FEE $95 00
iNSiRll��i # 2�2862616
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS AND RESTRICTIONS OF
WILLIE STARGELL OFFICE PARK
ARTICLE I:SUBMISSION;DEFINITIONS
Section 1.1. Horizon Park,LLC,a North Carolina limited liability company(hereinafter
referred to as"Declarant"),which is the owner in fee simple of the real estate described in Exhibit
"A",located within New Hanover County,North Carolina,hereby submits such real estate,including
all unprovements, easements,tights and appurtenances theeunto belonging to the provisions of
Chapter 47C of the General Statutes ofNorth Carolina,known as the North Carolina Condominium
Act("Condominium Act"),and hereby creates with respect to said real estate a condominium to be
known as"WILLIE STARGELL OFFICE PARK"("Condominium") The Declarant may,but
is not obligated to, add additional real estate, including Improvements, easements, tights and
appurtenances[hereunto belonging,to this Declaration of Condominium and to the condominium
form of ownership. If Declarant exercises such development nght,it shall do so in one or more
subsequent amendments hereto The recording of such Amendment with an Exhibit"A"describing
the real estate,including improvements easements,rights and appurtenances thereto belongmg,shall,
for the purposes of this condominium,be considered a supplementation and addition to the Exhibit
"A"attached hereto
Section 1.2 Definitions As used in the Condominium Documents,the following words and
phrases shall have the following meanings.
(a) -WILLIE STARGELL OFFICE PARK"shall mean the development comprised of
the Property as defined below.
(b) "Allocated Interests" means the undivided interest in the Common Elements and
Common Expense liability,and votes in the Association,allocated to Units in the Condominium
The Allocated Interests are described in Article 7 of this Declaration and shown on Exhibit'B"
(c) "Association"means WILLIE STARGELL OFFICE PARK, a non-profit corporation
organized under Chapter 55A of the General Statues of North Carolina It is the Association of the
Unit Owner;pursuant to Section 47C-3-101 of the Condominium Act
(d) 'Building"shall mean and refer to three(3)one story bnildings. The fast building
designated as Phase I, contains 8960 square feet with units as shown on the plans The second
building designated as Phase II,contains approximately 17,280 square feet with the unit designations
to be determined by the Declarant at a later time by supplemental map. The thud building
designated as Phase III,contains approximately 23,176 square fat with the unit designations to be
determined by the Declarant at a later time by supplemental map
(e) "Bylaws"means the Bylaws of the Association,as they may be amended from time to
time.
(0 "Common Elements"or"Common Areas",which maybe used interchangeably,means
all portions of the Condominium other than the Units including,but not]united to,all exterior
RETURNED TO Q,Ltje,, /}� q 0 k.e..�

surfaces of buildings,all parking areas,all driveways,all walkways and all other real estate lying
witlim the Condominium.
(g) "Common Expenses"means the expenses or financial liabilities for the operation of the
Condom umn These include-
(I) expenses of administration, maintenance, repair or replacement of the Common
Elements;
(u) expenses declared to be Common Expenses whether annual or special by the
Condominium Documents or by the Condominium Act;and
(III) expenses agreed upon as Common Expenses whether annual or special by the
Association,and
(iv) such reasonable reserves as may be established by the Association,whether held in trust
or by the Association,for repair,replacement or addition to the Common Elements or any other real
or personal property acquired or held by the Association.
(h) "Condominium" means the real property described in Exhibit "A", subject to this
Declaration of Condominium.
(i) "Condominium Documents"means this Declaration,the Plats and Plans recorded and
filed pursuant to the provisions ofthe Condominium Act,the Bylaws,and the Rules and Regulations
as they may be adopted and amended from time to time Any exhibit,schedule,or certification
accompanying a Condominium Document is a part of that Condominium Document
0) "Declarant'means Horizon Park,LLC its successors and assigns as defined in Section
47C-1-103(9)of the Condominium Act
(k) 'Development Rights"means the rights reserved by the Declarant under Article 6 of this
Declaration to create Units, Common Elements, and Limited Common Elements within the
Condominium.
(1) 'Declarant Control Period"means the period prior to the earlier of
(it) two(2)years after any tight to add new Units was last exercised;or
(iii) ten(10),years after recording this Declaration.
(m) 'Director"means a member of the Executive Board.
(n) "Eligible Mortgagee"-means an institutional lender holding a first mortgage or first deed
of trust("First Mortgage")encumbering a Unit that has notified the Association in writing of its
status, stating both its name and address and the Unit number or address of the Unit its First
Mortgage. encumbers, and has requested all tights under the Condominium Documents For
purposes of Article 16 only,when any right is to be given to an Eligible Mortgagee,such right shall
also be given to the Federal Home Loan Mortgage Corporation, the Federal National Mortgage
Assocation,the Veterans Administration,the Federal Housing Administration,the Farmers Home
Admuustration,the Government National Mortgage Association and any other public or private
secondary mortgage market entity participating in purchasing or guarantying mortgages if the
Association has notice of such participation.
(o) "Executive Board"means the Board of Directors of the Association or the Declarant
until such board is formed.
(p) "Improvements"means any construction,structure,fixture or facilities existing or to
be constructed on the land included in the Condominium,including but not limited to,buildmgs,
2

trees and shrubbery planted by the Declarant or the Association,paving,utility lines,pipes,and light
poles.
(q) "Limited Common Elements"means the portion of the Common Elements allocated
for the exclusive use of one or more but fewer than all of the Units by the Declaration or by
operation of Section 47C-2-102(2) and (4) of the Condominium Act The Limited Common
Elements in the Condominium are described in Article 3 of this Declaration
(r) "Majority or Majority of Unit Owners" means the owners of more than fifty-one
percent(51%)of the allocated interest in Common Elements stated as votes in the Association,as
established by and set forth in this Declaration of Condominium.
(s) "Manager" mesas a person, firm or corporation employed or engaged to perform
management services for the Condominium and the Association.
(t) "Notice and Comment"means the right of a Unit Owner to receive notice of an action
proposed to be taken by or on behalf of the Association,and the right to comment thereon. The
procedures for Notice and Comment are set forth in Section 22.1 of this Declaration-
(u) 'Notice and Hearing"means the tight of a Unit Owner to receive notice of an action
proposed to be taken by the Association, and the tight to be heard thereon. The procedures for
Notice and Hearing are set forth in Section 22 2 of this Declaration.
(v) "Person"means an individual,corporation,business,trust,estate,trust,partnership,
association, joint venture, government, government subdivision or agency, or other legal or
commercial entity.
(w) "Plats and Plans" means the Plats and Plans recorded simultaneously with this
Declaration in Condominium Book 13 at Pages 26-29, and constituting a part hereof,as the same
may be amended from time to time
(x) 'Property"means the land,all Improvements,easements,tights and appurtenances,
which have been submitted to the provisions of the Condominium Act by this Declaration and as
described in Exhibit"A",hereto attached and incorporated herein by reference.
(y) . "Public Offering Statement" no public offering statement will be provided to the
purchasers,as all units are restricted to non-residential use and purchasers will be deemed to waive
the right to receive any public offering statement by the acceptance of a deed from the Declarant.
(z) "Public Offering Statement Waiver"means that the Declarant requires that all units
within the condominium are restricted to non-residential use and shall be used for office and
institutional use only. All purchasers by the acceptance of a deed conveying an ownership interest
in a unit subject to the condominium do hereby waive the tight to any public offering statement as
permitted under NCGS 47(c)-4-1 01(b),and acknowledge that a public offering statement will not
be provided to them
(an) "Rules and Regulations"means Rules and Regulations for the use of Units and
Common Elements and for the conduct of persons within the Condominium, adopted by the
Executive Board pursuant to this Declaration,as amended from time to time.
(bb) "Security Interest"means an interest in real estate or personal property,created by
contract or conveyance which secures payment or performance of an obligation. The term includes
a lien created by a mortgage,deed of trust,contract for deed,land sales contract,lease intended as
security,assignment of lease or rents intended as security,pledge of an ownership interest in the
Association, and any other consensual lien or title retention contract intended as security for an
obligation
(cc) "Special Declarant Rights"means the tights reserved for the benefit of a Declarant to
3

(1) complete Improvements indicated on the Plats and Plans filed with the Declaration,
(u) exercise any Development Rights;
(m) maintain sales offices,management offices, signs advertising the condominium and
models;
(tv) use easements through the Common Elements for the purpose ofmaking improvements
within the Condominium or within real estate that may be added to the Condominium;
(v) appoint or remove any officer of the Association or any Executive Board member
during the Declarant Control Period;
(vi) to grant such easements across Common Areas as Declarant deems necessary or
convenient;or
(vii)amend the Bylaws of the Association during the period of Declarant Control
(dd) "Structure"shall mean and refer to any thing or device the placement of which
upon or within the Property might affect the physical appearance thereof including by way of
illustration and not limitation, improvements, buildings, sheds, covered areas, vehicular and
pedestrian bridges or dnveways,parking areas,trees,shrubbery,paving,fill,curbing,landscaping,
fences or walls and signs.
(ee) "Trustee"means the entity which may be designated by the Executive Board as the
Trustee for the receipt, administration, and disbursement of funds derived from insured losses,
condemnation awards, special assessments for uninsured losses,and other like sources w defined
in the Bylaws. If no Trustee has been designated,the Trustee will be the Board from time to time
constituted,acting by majority vote,as executed by the President and attested by the Secretary.
(fl)"Unit"means a physical portion of the Condominium designated for separate ownership
or occupancy,the boundaries of which are described in Section 2.2 of this Declaration.
(gg)"Unit Owner"means the Declarant or other Person who owns a Unit. Unit Owner does
not include a Person having an interest in a Unit solely as security for an obligation The Declarant
is the initial owner of any Unit created by this Declaration.
(hb) "Use"shall mean that the units within the condominium are restricted to non residential
use as permitted under Section 8.1(a)
ARTICLE 2. MAXIMUM NUMBER OF UNITS;BOUNDARIES
Section 2.1 Number of Units. Declarant does hereby establish_ 5 Units in the Building
in Phase I and does designate all such units for separate ownership. Notwithstanding the foregoing,
the Declarant or any subsequent owner of a Unit shall have the right to subdivide any Unit into two
(2)or more Units or combine two(2)or more Units into one(1)Unit,provided that Declarant
approves such subdivision or combination and that such subdivision or combination is in compliance
with the Act. Declarant also reserves the right to subdivide Units,combine Units,or otherwise move
or rearrange the boundaries of any Unit before such Unit is sold Reference is hereby made to the
Plat and Plans for a separate description of the boundaries of each Unit,identified by number,sand
Plat and Plans being by this reference incorporated herein
Section 2.2 Boundaries Boundaries of each Unit created by this Declaration are shown on the
Plats and Plans as numbered Units with their identifying number and are described as follows
(a) Upper Boundary:The horizontal or sloping plane or planes ofthe unfinished lower surfaces
of the roof or ceiling bearing structure surfaces,beams,and rafters,extended to an intersection with
the vertical perimeter boundaries.
4

(b) Lower Boundary:The horizontal plane or planes of the undecorated or unfinished upper
surfaces of the floors extended to an intersection with the vertical perimeter boundaries and open,
horizontal,unfinished surfaces of trim,sills and structural components.
(c)Vertical Perimeter Boundary:The planes defined by the inner surfaces of the studs and
training of the perimeter walls;the unfinished inner surfaces of the masonry walls,the unfinished
surfaces of the interior trim and thresholds along perimeter walls and floors, and the innermost
unfinished planes of all interior bearing studs and fiammg of bearing walls, columns, bearing
partitions,and.partition walls between separate Units
(d) Inclusions.Each Unit will include the spaces and Improvements lying within the boundaries
described in Subsections 2.2(a),(b),and(c),and will also include the spaces and Improvements
within such spaces including water heating and air conditioning apparatus,smoke detector systems
and all electrical switches,wining,pipes,ducts,conduits,smoke detector systems and television,
telephone,and electrical receptacles and light fixtures and boxes serving that Unit exclusively,from
the point of entry into the Unit from any adjoining Common Areas Moreover,included in the
deimbon of Unit shall be all HVAC systems which exclusively serve such Unit,whether located
within the Unit or beyond the perimeter boundaries of such Unit,whether or not contiguous.
(e) Exclusions: Except when specifically included by other provisions of Section 2.2,the
following are excluded from each Unit: The spaces and Improvements lying outside of the
boundaries described in Subsections 2.2(a),(b)and(c),above;and all chutes,pipes,flues,ducts,
wires,conduits,skylights and other facilities running through or"thin any interior wall or partition
for the purpose of famishing utility and sunilar services to other Units and Common Elements or
both
(f) Non-Contiguous Portions- Certain Units may include special portions, pieces or
equipment such as air conditioning compressors, meter boxes, utility connection structures and
storage portions situated in buildings or structures that are detached or semidetached from the
buildings containing theprincipal occupied portion of the Units. Such special equipment and storage
portions are part of the Units notwithstanding their non-contiguity with the occupied portions.
(g) inconsistency with Plats and Plans: If this definition is inconsistent with the Plats and
Plans,then this definition will control.
ARTICLE 3. LIMTCED COMMON ELEMENTS
The following portions of the Common Elements are Limited Common Elements assigned to
the Units as stated,
.(a) If a chute,flue,pipe,duct,wire,conduit,bearing or non load bearing wall,bearing column,
or other fixture Ives partially within and partially outside the designated boundaries of a Unit,the
portion serving only the Unit is a Limited Common Element,allocated solely to the Unit,the use
of which is limtted to that Unit,and any portion thereof serving more than one Unit or a portion of
the Common Elements is a part of the Common Elements.
(b) Any shutters,awnings,doorsteps,stoops,entrance ways,or other fixture designed to serve
a single Unit that is located outside of the boundaries of the Unit,are Lunited Common Elements
allocated exclusively to the Unit and their use is limited to that Unit.
(c)All glass surfaces appurtenant to and servicing any specific Unit,such as glass exterior doors
and windows,and all exterior doors which access any specific Unit are Limited Common Elements
ofthe Unit to which they service. Except the owner's association will maintain coverage for exterior
glass breakage due to fire or such other perils listed in the owner's association policy.
(d)Nameplates,permitted signage,and exterior lighting affixed to the building will be Limited
Common Elements allocated to the Unit served
5

(e) If this description of Limited Common Elements is inconsistent with the Plats and Plans,
then this definition will control.
ARTICLE 4. MAINTENANCE,REPAIR AND REPLACEMENT
Section 4.1 Common Elements. The Association will maintain,repair and replace all of the
Common Elements,except theportions ofthe Limited Common Elements which are required by this
Declaration to be maintained,repaired or replaced by the Unit Owners.
Section 4 2 Units Each Unit Owner shall maintain,repair and replace,at his or her own expense,
all portions of Ins or her Unit,except the portions thereof to be maintained,repaired or replaced by
the Association.
Section 4.3 Limited Common Elements Any Common Expense associated with the
maintenance, repair or replacements of heat exchanger, heat outlet, enclosures and mechanical
attachments will be assessed against the Unit or Units to which the Limited Common Element is
assigned
Common Expenses associated with the maintenance,repair or replacement of components and
elements attached to or a part of exterior doors,windows and other Limited Common Elements will
be assessed against the Unit or Units to which the Limited Common Element is assigned
No additional component or element may be attached without written consent of the Executive
Board. In the event such additional component or element becomes deteriorated or unsightly or is
inconsistent with conditions of installation it may be removed or repaired at the Unit Owner's
expense as a Common Expense assessment under this Section,after Notice and Hearing.
If any such Limited Common Element is assigned to more than one Unit,the Common Expenses
attributable to the Limited Common Element will be assessed equally among the Units to which it
is assigned
Common Expenses associated with the cleaning,maintenance,repair or replacement of all other
Limited Common Elements will be assessed against all Units in accordance with their Allocated
Interests in the Common Expenses
Section 4.4 Acm . Any Person authorized by the Executive Board shall have the right of access
to all portions of the Property for the purpose of correcting any condition threatening a Unit or the
Common Elements,and for the purpose of performing installations,alterations or repairs,and for
the purpose of reading, repairing, replacing utility meters and related pipes, valves, wires and
equipment,provided that such requests for entry are made in advance and that any such entry is at
a time reasonably convenient to the affected Umt Owner. In case of an emergency,no such request
or notice is required and such right of entry shall be immediate,whether or not the Unit Owner is
present at the time
Section 4.5 Repairs Resultiou From Neelivenc Each Unit Owner will reimburse the
Association for any damages to any other Unit,to the Common Elements,or to Limited Common
Elements caused intentionally,negligently or by his or her failure to properly maintain,repair or
make replacements to his or her Unit or Limited Common Elements appurtenant thereto. The
Association will be responsible for damage to Units caused intentionally,negligently or by its failure
to mwntam,repair or make replacements to the Common Elements. If such expense is caused by
misconduct,it will be assessed following Notice and Hearing. A Unit Owner may request a hearing
before the Board of Directors for the purpose of validating the assessment. Request for the hearing
by the Unit Owner must be in writing and will be held at the next regularly scheduled board meeting
ARTICLE 5.SUBSEQUENTLY ALLOCATED LIMITED COMMON ELEMENTS
Those portions of the Common Elements now or hereafter improved as parting spaces may be
subsequently allocated as Limited Common Elements in accordance with Subsection 6 l(c) and
6

Article 10 of this Declaration,or may be assigned by Rules and Regulations of the Executive Board,
or may be limited by Rules and Regulations.
ARTICLE 6.DEVELOPMENT RIGHTS AND OTHER
SPECIAL DECLARANT RIGHTS
Section 6.1 Reservation of Development Rio is The Declarant reserves the
following Development Rights:
(a) The tight by amendment to add and create Units,Common Elements,and
Limited Common Elements within the Condominium in the location shown as Phase II and Phase
III and on the Plats and Plans.
(b)The right to construct underground utility Imes,pipes,wires,ducts,conduits
and other facilities across the land anywhere in the Condominium for the purpose of furnishing
utility and other services to buildings and Improvements to be constructed on the land designated
"Development Rights Reserved in this Area"on the Plats and Plans The Declarant also reserves
the right to grant easements to public utility companies and to convey Improvements within those
easements anywhere in the Condominium for the above-mentioned purposes.If the Declarant grants
any such easements,ExIndirt"A"will be amended to include reference to the recorded easement
(c)The tight to subdivide any unit into two(2)or more units or combine two(2)
or more units into one(1)unit,provided,that such subdivision or combination is in compliance with
the act and provided that said subdivision or combination is prior to the sale to a third party of the
unit to be subdivided or combined.
Section 6.2 Limitations on Development Rights. The Development Rights
reserved in Section 6 1 are limited as follows,
(a)The Development Rights may be exercised at any time but not more than ten
(10)years after the recording of this initial Declaration,
(b)Not more than 10 additional Units may be created under the Development
Rights in the building labeled as Phase II and not more than 15 units may be created in the But
labeled as Phase III,
(c)The quality of construction ofanybmldmgsand Improvements to be created
on the Property shall be consistent with the quality of those constructed pursuant to this Declaration
as initially recorded.
(d) All Units and Common Elements created pursuant to the Development
Rights will be restricted to office and institutional use to the same extent es the Units created under
this Declaration as initially recorded.
Section 6.3 Phasing of DevelopMent JWlts. No assurances are made by the
Declarant regarding the portions of the areas shown as"Development Rights Reserved in this Area",
"Future Development","May Not Be Developed",or words of similar effect on the Plats and Plans
as to the portions where the Declarant will exercise its Development Rights or the order in which
such portions,or all of the areas,will be developed or withdrawn The exercise of Development
Rights as to some portions will not obligate the Declarant to exercise them as to other portions,but
no part of a portion may be withdrawn after a Unit in that portion has been sold or conveyed to a
purchaser
Section 6.4 Special Declarant Rights. The Declarant reserves the following
Special Declarant Rights,to the maximum extent permitted by law,which may be exercised,where
applicable,anywhere wztbm the Condominium*
(a) To complete Improvements indicated on the Plats and Plans filed with the Declaration;
7

(b) To exercise any Development Right reserved in the Declaration;
(c) To maintain sales offices, management offices, signs advertising the Condominium, and
models;
(d) To use easements through the Common Elements for the purpose of making Improvements
within the Condommmm and construction on,or other uses of adjoining properties whether or not
such other use is related to or associated with the Condominium development,including the non-
exclusive tight to connect to the drainage pond,
(e) To appoint or remove an officer of the Association or an Executive Board member during the
Declarant Control Period subject to the provisions of Section 6.9 of this Declaration.
(1) To grant easements for the use and maintenance of the drainage pond to other units or
Improvements built on land reserved by Declarant for future development upon such terms and
conditions as Declarant deems appropriate, provided, said units will be subject to common
assessments for said pond
Section 6.5 Models Sales Offices and Man28410e t:Offices As long as the
Declarant is a Unit Owner, the Declarant and its duty authorized agents, representatives and
employees may maintain any Unit owned by the Declarant as a model unit or sales office or
management office
Section 6.6 Construction•Declarant's Easements. The Declarant reserves the
right to perform repairs and construction work,and to store materials in secure areas,in Units and
Common Elements,and the further right to control all such work and repairs,and the tight of access
thereto,until Its completion All work may be performed by the Declarant without the consent or
approval of the Executive Board or any Unit Owner The Declarant has an easement through the
Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's
obligations and for exercising Special Declarant Rights,whether arising under the Condominium
Act or reserved in the Declaration. Such easement includes the tight to convey utility and drainage
easements to public utilities,municipalities,the State of North Carolina,adjoining property owners,
riparian owners or upland owners to fulfill the plan of development. Additionally,Declarant hereby
reserves unto itself,its successors and assigns an easement for utilities,drainage,access,ingress and
regress over,across and under the tract of land shown on the Plat and Plans of the Condominium and
which are designated as common area including but not limited to the parking areas,driveway areas,
walkways,and stormwater retention pond,which said easement or easements shall continue to exist
and shall be maintained for the benefit ofDeelarant,its successors and assigns after all contemplated
construction is completed.
Section 6.7 Sl"s and Marketing.The Declarant reserves the tight to post signs
and displays in the Common Elements to promote sales of Units, and to conduct general sales
activities,in a manner as will not unreasonably disturb the rights of Unit Owners. At such time as
a unit may become available for sale or resale,only one sign,not to exceed 30,may be placed _
inside the front window of the applicable unit. No exterior signs may be posted without board
written consent.
Section 6.8 Declarani's Personal Property.The Declarant reserves the tight to
retain all personal property and equipment used in the sales, maaagemcmt construction and
maintenance of the Condominium that has not been represented as Property of the Association The
Declarant reserves the tight to remove from the Property,any and all ofthe goods and Improvements
used in development,marketing and construction,whether or not they have become fixtures _
Section 6.9 Deelarapt Control of The ecem.tofinv
(a) Subject to Subsection 6.9(b), during the Declarant Control Period, a Declarant or persons
designated by the Declarant may appoint and remove the officers and members of the Executive
Board. A Declarant may voluntarily surrender the right to appoint and remove officers andmembers
8

of the Executive Board before the termination of the Declarant Control Period,but in the event the
Declarant may require,for the duration of the Declarant Control Period,that specified actions of the
Association or Executive Board,as described in a recorded instrument executed by the Declarant,
be approved by the Declarant before they become effective.
(b) Not later than sixty(60)days after conveyance of twenty-five percent(25%)of all Units that
may be created hereunder,to Unit Owners other then a Declarant,at least one member and not less
than twenty-five percent(25%)of the members of the Executive Board shall be elected by Unit
Owners other than the Declarant Not later than sixty(60)days after conveyance of fifty percent
(50°/u)of all Units that may be created hereunder,to Unit Owners other than a Declarant,not less
than thirty-three percent(33%) of the members of the Executive Board must be elected by Unit
Owners other than the Declarant
(c) Not later than the termination of the Declarant Control Period,the Unit Owners shall elect
an executive Board of three(3)members,at least a majority of whom shall be Unit Owners. The
two highest vote getters shall serve an initial term of two years,and the third member elected shall
serve a term of one year. All subsequent directors shall serve a term of two years from the date of
their election The Executive Board shall elect the officers. The Executive Board members and
officers shall take office upon election.
(d) Notwithstanding any provision of this Declaration or the Bylaws to the centrary,following
notice under Section 47C-3108 of the Condominium Act,the Unit Owners,representing a sixty-
seven percent(67%)voting interest of all persons present and entitled to vote at a meeting of the
Unit Owners at which a quorum is present,may remove a member of the Executive Board with or
without cause,other than a member appointed by the Declarant
Section 6.10 Limitations on Special Declarant Rm h . Unless sooner terminated by an
amendment to the Declaration executed by the Declarant, any Special Declarant Right may be
exercised by the Declarant until the earlier of the following:
(i) so long as the Declarant holds a Development Right to create additional Units or
Common Elements or to withdraw real estate from the Condominium,or
(it) so long as Declarant owns any Unit;or
(in) ten(10)years after recording this Declaration.
Section 6.111nterferenee with SpecialDeclarantRieb .Neither the Association nor any Unit
Owner may take any action or adopt any rule that will interfere with or diminish any Special
Declarant Right without the prior written consent of the Declarant
ARTICLE 7. ALLOCATED INTERESTS
Section 7.1 Allocation of Investments. The table showing Unit numbers and their Allocated
Interests is attached as Exhibit "B". These interests have been allocated m accordance with the
formulas set out in this Article 7.These formulas are to be used in reallocating interests if Units are
added to the Condomrmum
Section 7.2 Formulas for the Allocalion of Interests. The interests allocated to each Unit have
been calculated on the following formulas:
(a) Undivided Interest in the Common Elements. The percentage of the undivided interest
in the Common Elements allocated to each Unit is based on the relative heated and cooled floor area
of each Unit as compared to the heated and cooled floor area of all ofthe Units in the Condominium.
(b) Liability for the Common Expenses. Each Unit in the Condominium shall share in the
Common Expenses of the Condominium in the same percentage of liability as their respective
percentage of ownership in the Common Elements as established therein. Nothing contained in this
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Subsection shall prohibit certain Common Expenses from being apportioned to particular Units
under Article 17 of this Declaration
(c) Votes. Each Unit in the Condominium shall have one weighted vote in association matters.
The vote attributable to each such Unit shall be stated as percentages and shall be the same as the
allocated percentage ownership interest in Common Elements attributable to each such Unit as set
forth in Exhibit"B".
Section 73 Assignment of Allocated Interest Upon Creation of Units Pursuant to Exercise
of Development Rights. The effective date for assigning Allocated Interests to Umis created
pursuant to Section 6.1 of thus Declaration shall be the date on which the amendment creating the
Units is recorded in the Office of the Register of Deeds of New Hanover County,North Carolina
ARTICLE 8.RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY
Section 8.1 Use and Occupancy Restrictions Subject to the Special Declarant Rights reserved
under Article 6,the following use restrictions apply to all Units and to the Common Elements,
(a) Each Unit is restricted to general office and professional use,including,but not limited to
medical,dental,legal and other professional office uses and banking or mortgage services and other
institutional uses and their directly related uses along with such other related and harmonious uses
as the Declarant or the Association through its Board of Directors may pemut.
(b) The use of Units and Common Elements is subject to this Declaration, the Articles of
Incorporation and Bylaws of the Association,and such Rules and Regulations as may from time to
time be promulgated by the Association.
(c) Owners of Units in the Building shall have the right only to affix letter signage of an
approved size to the exterior door which is the Limited Common Element serving each respective
Unit
(d) Each Unit shall share a common mobile trash receptacle. However, periodic garbage
service shall be by contract between the Association and the service provider The cost of such
service shall be a Common Expense.
(e) Additional signage,displays,etc.,shall not be placed inside or outside the unit's windows
except as noted in Section 6.7 of the Document. Any displays or signage determined by Declarant
or Executive Board to be in violation of this Declaration or the By-Laws or rules and regulations of
the Association,shall be removed within 48 hours of notice.
Section 8.2 Restrictions on Alienation. All leases and rental agreements shall be in writing
and subject to the requirements of the Condominium Documents and Rules and Regulations of the
Association
All leases of a Unit shall be deemed to include a provision that the tenant will recognize and
attom to the Association as landlord, solely for the purpose of having the power to enforce a
violation of the provisions of the Condominium Documents against the tenant, provided the
Association gives the landlord notice of its intent to so enforce,and a reasonable opportunity to cure
the violation directly,prior to the commencement of an enforcement action.
ARTICLE 9 EASEMENTS AND I NSE
Declarant does hereby establish,declare,and grant,for the benefit of each and every portion of
the Property,as an appurtenance thereto,and to and for the benefit of Declarant,the Condominium
Associations and the Owners,the following easements:
Section 9.1 Inaress/Earess Perpetual,non-exclusive rights,privileges and easements for the
passage ofvelucles and for the passage and accommodation of pedestrians,over,across and through
10

all roadways,driveways,curb cuts,aisles,walkways and sidewalks located within or to be located
within the Property,specifically including the right and easement of ingress and egress over,across,
and through the entrances into the Property from adjoining property,as shown on the Exhibits and
Condomuuum Plats and Plans
Section 9.2 Perkin . Perpetual,non-exclusive rights,privileges and easements to Owners,
their lessees, invitees and licenses and the invitees and customers of such lessees, invitees and
licensees for vehicular parking within the surface vehicular parking spaces located on the Property,
provided, however,the Association shall,in the rules and regulations,establish and change from
time to time,rules regarding towing and parking violations and the designation of certain parking
areas for use by Owners,their employees,tenants,licensees and business visitors
Section 93 Utility Easements. Reciprocal non-exclusive easements over the entire Property
for the furnishing of water, electricity, storm and sanitary sewerage, gas, telephone, television,
communications, security systems, other utilities and services and heating, air-conditioning and
ventilation by means of pipes, wires, duets, cables, conduits, equipment panels, mechanical
equipment,heating,air conditioning and ventilation equipment and machinery,fire stairwell and
other apparatus and facilities (collectively referred to as"Utility Lines')and as may hereafter be
consented to in writing from time to time,by the Declarant. Unless such utilities and mechanical
facilities are separate and charmer for each Unit and serve only that Unit,such utility and mechanical
facilities shall be construed,maintained,repaired and replaced by the Association
Section 9.4 Encroachments. Reciprocal non-exclusive easements over the entire Property for
minor encroachments which will not substantially interfere with the property encroached upon
created by the construction, reconstruction, renovation, settling, shifting or other causes of
movement and for overhangs This easement shall be appurtenant to each Unit for the benefit of
Owners thereof.
Section 9.5. Easements Shown on Man All easements or licenses to which the Condominium
and the Common Elements are presently subject are recited in Exhibit"A",or the Plats and Plans
as defined in Article 1 2(w),to this Declaration. In addition,the condominium may be subject to
other easements or licenses granted by the Declarant pursuant to its powers under Article 6 of this
Declaration. _
Any easement areas as described in the preceding Paragraph,together with any improvements
thereon,shall be maintained,repaired,and as necessary,replaced by the Association The cost of
all maintenance, repairs and replacement shall be a common expense and shall be paid by the
Association.
Section 9.6. Construction Easement. Declarant shall have a reasonable construction easement
across the Common Elements for the purpose of constructing improvements in the Units.Declarant
also shall have such easements through the Common Elements as may be reasonably necessary for
the purpose of exercising Special Declarant Rights as provided herein or discharging Declarant's
obligations under this Declaration or the Covenants,Conditions and Restrictions
Section 9.7 Right of Entry The Association and its representatives shall have a right of entry
upon the Units and any Common Elements, including Limited Common Elements, to effect
emergency repairs, and a reasonable right of entry upon the Units to effect other repays,
improvements,replacement or maintenance as necessary.
ARTICLE 10.ALLOCATION AND REALLOCATION
OF LIMITED COMMON ELEMENTS
A Common Element not previously allocated as a Limited Common Element may be so
allocated only pursuant to provisions of Article 5 of the Declaration. The allocations will be made
by amendments to the Declaration,specifying to which Unit or Units the Limited Common Element
11

is allocated
No Limited Common Element depicted on the Plats and Plans may be reallocated by an
amendment to this Declaration pursuant to this Article 10 except as part of a relocation ofboundaries
of Units pursuant to Article 12 of this Declaration. Such amendment shall require the approval of
all holders of Security Interests in the affected Units,which approval shall be endorsed thereon The
Person executing the amendment shall provide an executed copy thereof to the Association which,
if the amendment complies with the provisions of this Declaration and the Condomimum Act,shall
record it The amendment shall contain words of conveyance and must be recorded and indexed in
the names of the parties and the Condominium The parties executing the amendment shall be
responsible for the preparation of the amendment and shall reimburse the Association for all of its
costs and expenses, including but not limited to attorneys' fees, incurred in connection with the
review of the amendment and the recording thereof.
ARTICLE 11 ADDITIONS,ALTERATIONS AND B14PROVEMENTS
Section 11.1 Additions.Alterations and Improvements by Unit Owners
(a) No Unit Owner will make any structural addition,structural alteration,or structural
Improvement in or to the Condominium without the prior written consent thereto of the Executive
Board in accordance with Subsection 11 l(c)
(b) Subject to Subsection 11.1(a),a Unit Owner.
(i) may make any other Improvements or alterations to the interior of his Unit
that do not impair the structural integrity or mechanical systems or lessen the support of any portion
of the Condominium;The owner/tenant may not penetrate any foundation exterior wall or the roof
without first having received written permission from the Executive Board.
(u) may not change the appearance of the Common Elements, or the exterior
appearance of a Unit or any other portion of the condominium, without permission of the
Association,
(in) after acquiring an adjoining Unit or an adjoining part of an adjoining Unit,
may remove or alter any intervening partition or create apertures therein, even if the partition in
whole or in part is a Common Element, if those acts do not impair the structural integrity or
mechanical systems orlessen the support of any portion of the Condominium. Removal ofpartitions
or creation of apertures under this Subsection is not an alteration of boundaries.
(c) A Unit Owner may submit a written request to the Executive Board for approval to do
anything that he or she is forbidden to do under Subsection 1 1 1(a)or 1 1 I(b)(i i)The Executive
Board shall answer any written request for such approval,after Notice and Hearing,within sixty(60)
days after the request thereof. Failure to do so within such time shall not constitute a consent by the
Executive Board to the proposed action The Executive Board shall review requests in accordance
with the provisions of its Rules and Regulations.
(d) Any applications to any department or to any governmental authority for a perrut
to make any addition, alteration or Improvement in or to any Unit shall be executed by the
Association only. Such execution will not, however, create any liability on the part of the
Association or any of its members to the applying Unit Owner nor to any contractor,subcontractor
or matenalman on account of such addition,alteration or Improvement or to any person having any
claim for injury to persons or damage to property arising therefrom. Costs apphcable to this
application shall be at the expense of applying unit owner.
(e) All additions,alterations and Improvements to the Uinta and Common Elements shall
not,except pursuant to prior approval by the Executive Board,cause any increase in the premium
of any insurance policies tamed by the Association or by the owners of any Units other than those
affected by such change.
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The provisions of this Section shall not apply to the Declarant in the exercise of any Special
Dedlarant Right
Section 11.2 Additions.Alterations and Improvements by Executive Board.Subject to
the lmnitations contained elsewhere in this Declaration, the Executive Board may make any
additions,
alterations or Improvements to the Common Elements which,in its judgment,it deems necessary.
ARTICLE 12 RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS
.$ee+tau 12.1 AVpIIcstignjUldAMUXdp1W. Subject to approval of any structural changes
and required Permits pursuant to Article 11, the boundaries between adjoining Units may be
relocated by an amendment to the Declaration upon application to the Association by the owners of
the Units affected by the relocation If the owners of the adjoining Units have specified a relocation
between their Units of their Allocated Interests,the application shall state the proposed reallocations.
Unless the Executive Board determines,within thirty(30)days after receipt of the application,that
the reallocations are unreasonable,the Association shall consent to the reallocation and prepare an
amendment that identifies the Units involved,states the reallocations and indicates the Association's
consent The amendment must be executed by those Unit Owners and contain words of conveyance
between them,and the approval of all holders of Security Interests in the affected Units shall be
endorsed thereon On recordation,the amendment shall be indexed in the name of the Grantor and
the Grantee,and in the Grantee's Index in the name of the Association
Section 12.2 Recording Amendments The Association shall prepare and record plats and
plans necessary to show the altered boundaries between adjoining Units and their dunensions and
identifying numbers
The applicants will pay for all of the costs incurred by the Association in considering the
application including consultant fees, if it is deemed necessary to employ a consultant by the
Executive Board,the preparation of the amendment and its recording.
ARTICLE 13. AMENDMENTS TO DECLARATION
Section 13.1 General. Except in cases of amendments that may be executed by the
Declarant in the exercise of its Development Rights or by the Association under Article 6 of this
Declaration and Section 47C-1-10V of the Condominium Act, or by certain Unit Owners under
Article 10 and Section 12.1 of this Declaration and Section 47C-2-118 ofthe Condominium Act,and
except as limited by Section 12.1 of thus Declaration,the Declaration,including the Plats and Plans,
may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven
percent(67%)of the voting interests in the Association are allocated -
Section 13.2 Limitation of Actions. An action to challenge the validity of an amendment
adopted by the Association pursuant to this Article may not be brought more than one year after the
amendment is recorded.
Section 13.3.Recordation of Arnend eats Each amendment to the Declaration must be
recorded in every county in witch a portion of the Condominium is located and the amendment is
effective only upon recording. An amendment,except an amendment pursuant to Article 12 of this
Declaration, must be indexed in the Grantor's and Grantee's Index in the name of the parties
executing the amendment.
Section 13.4 Unanlmous Consent RcQuired Except to the extent expressly permitted or
required by other provisions of the Condominium Act or this Declaration,an amendment may not
create or increase Special Declarant Rights,increase the number of Units,change the boundaries of
a unit,the Allocated Interests of a Unit,or the uses to which a unit is restricted,in the absence of the
unanimous consent of the Unit Owners,
Section 13.5 Execution of Amendments An amendment to the Declaration required by
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the Condominium Act to be recorded by the Association,which has been adopted in accordance with
this Declaration and the Condominium Act,must be prepared,executed,recorded and certified on
behalf of the Association by an officer of the Association designated for that purpose, or in the
absence of designation,by the President of the Association
Section 13.6 Special Declarant Mobil Provisions in this Declaration creating Special
Declarant Rights may not be amended without the consent of the Declarant
Section 13.7 Amendment to CreatelLnits Qr Withdraw R t F To exercise any
Development Rights reserved under Section 6 1 of this Declaration,the Declarant shall prepare,
execute and record an amendment to the Declaration. The Declarant shall also record either new
Plats and Plans necessary to conform to the requirements of Section 47C-2-109(a),(b)and(c)of the
Condomruum Act or new certifications ofthe Plats and Plans previously recorded if those Plats and
Plans otherwise conform to the requirements of those Sections.
The amendment to the Declaration shall assign an identifying number to each new Unit
created and reallocate the Allocated Interests among all Units. The amendment shall described any
Common Elements and any Limited Common Elements created thereby and designate the Unit to
which each Limited Common Element is allocated to the extent required by Section 47C-2-108 of
the Condominium Act.
ARTICLE.14,AMENDMENTS TO BYLAWS
During the period of Declarant Control,as defined in Article I,Declarant may amend the
Bylaws as Declarant deems necessary or convenient.
Thereafter,the Bylaws may be amended only by a vote of fifty-one percent(51%)of the
members ofthe Executive Board,following Notice and Comment to all Unit Owners,at any meeting
duly called for such purpose
ARTICLE 15 TERMINATION
Termination of the Condominium may be accomplished only in accordance with Section
47C-2-118 of the Condominium Act.
ARTICLE 16. MORTGAGEE PROTECTION
Section 16.1.Introduction. This Article establishes certain standards and covenants which
are for the benefit of Eligible Mortgagees. This Article is supplemental to,and not in substitution
for,any other provisions of the Condominium Documents,but in the case of conflict,this Article r,
shall control
Section 16.2 Percentage of Eligible Modgaeea. Wherever in tins Declaration the approval
or consent of a specified percentage of Eligible Mortgagees is required,it shall mean the approval
or consent of Eligible Mortgagees holding First Mortgages in Units which in the aggregate have
allocated to them such specified percentage of votes in the Association when compared to the total '
allocated to all Units then subject to First Mortgages held by Eligible Mortgagees
Section 163 Notice of Action The Association shall give prompt written nonce to each
Eligible Mortgagee of
(a) Any condemnation loss or any casualty loss which affects a material portion of the
Condominium or any Unit in which there is a First Mortgage held,insured,or guaranteed by such
Eligible Mortgagee,as applicable;
(b) Any delinquency in the payment of Common Expense assessments owed by an
Owner who Unit is subject to a First Mortgage held, insured, or guaranteed, by such Eligible
14

Mortgagee,which remains uncured for a period of one hundred twenty(120)days;
(c) Any lapse,cancellation,or material modification of any insurance policy or fidelity
bond maintained by the Association,
(d) Any judgment rendered against the Association.
Section 16.4 iostiection of Books The Association shall permit any Eligible Mortgagee to
inspect the books and records of the Association by appointment during normal business hours upon
twenty-four(24)hours notice
Section 16.5 Financial Statements The Association shall provide any Eligible Mortgagee
which submits a written request with a copy of an annual financial statement within ninety(90)days
following the end of each fiscal year of the Association Such financial statement shall be audited
by an independent certified public accountant if any Eligible Mortgagee requests it and pays the cost
of such audit.
Section 16.6 Enforcement. The provisions of this Article are for the benefit of Eligible
Mortgagees and their successors,and may be enforced by any of them by any available means,at
law,or in equity.
Section 16.7 Attendance at Me>fi ties. Any representative of an Eligible Mortgagee may
attend and address any meeting wluch a Unit Owner may attend.
Section 16.8 Appointment of Trustee. In the event ofdamage or destruction under Article-
20 or 21 or condemnation of all or a portion of the Condominium,any Eligible Mortgagee may
require that such proceeds be payable to a Trustee established pursuant to Subsection I.2(aa)
Proceeds will thereafter be distributed pursuant to Article 21 or pursuant to a condemnation award.
Unless otherwise required,the members of the Executive Board acting by majority vote through the
President may act as Trustee
ARTICLE 17 ASSESSMENT AND COLLECTION OF COMMON EXPENSES
Section 17.1 Creation of Lien and PerIgnill Ob ivation of Assessments, Each owner of
a Unit or any interest in the Property shall,by acceptance of a conveyance therefor,whether or not
it shall be so expressed in any instrument of conveyance,be deemed to(1)covenant and agree to all
the terms and provisions of this Declaration,and(u)promise to pay the Association,both annual and
special assessments and charges,such as are established and to be collected from time to time as
hereinafter provided
Section 17.2 J!l1mmeof nnualA•sessmnts. TheannualassessmentsleviedbyDeclarant
shall be used for the improvement,maintenance,operation,repair,replacement and additions of and
to the Common Facilities,including,but not limited to,the payment of insurance,the payment of
ad valorem taxes on the Common Facilities,thepayment ofutility charges related thereto,(including
water for any ungation systems),the costs of maintaining,operating and improving streets,roads,
drives and rights-of-way, the costs of maintaining, repairing and restoring the exterior of the
buildings and Common Elements, the payment of capital expenditures related to the Common
Facilities,such as replacing or rebuilding any common Facility,the payment of license,permit and
inspection fees,costs of street signs and markets,the costs of collecting and disposing of garbage,
rubbish and the like,the costs of constructing,maintaining,repairing and replacing common utility
facilities,the costs of employing security service,a property manager and maintenance personnel,
any cost sharing contributions in relation to the operation,maintenance and repair of any shared
facilities or amenities, the costs to prepare the Buildings, any other Structures located upon the
property the Common Facilities for any storms or hurricanes,including,but not limited to,the costs
of materials for clean-upon and restoration after the storm or hurricane, and the costs of labor,
supplies,eqmpment,materials,management and supervision thereof.
Section 17.3 Apportionment of Common Fxnenses Except as provided in Section 17.2,
15

all Common Expenses shall be assessed against all Units in accordance with theirpercentage interest
in the Common Expenses as shown on Exhibit"B"to this Declaration
Section 17.4 Common Expenses Attributable to Fewer Than en ri
Any Common Expense associated with the maintenance,repair or replacement of a Linuted
Common Element shall be assessed against the Unit or Units to which the Limited Common Element
is assigned. If any such Limited Common Element is assigned to more than one Unit,the Common
Expenses attributable to the Limited Common Element shall be assessed equally among the Units
to which it is assigned.
(b) Any Common Expense for services provided by the Association to an individual Unit
at the request of the Unit Owner shall be assessed against the Unit which benefits from service.
(c) Any insurance premium increase attributable to a particular Unit by virtue of
activities in or construction of the Unit shall be assessed against that Unit.
(d) An assessment to pay a judgment against the Association may be made only against
the Units in the Condominium at the time the judgment was entered,in proportion to their Common
Expense liabilities.
(e) If Common Expense is caused by the misconduct of a Unit Owner,the Association
may assess that expense exclusively against the Unit.
(f) Common Expense charges are due on the fast day of applicable month(s)billed for
and payable not later than the 10'day of the month due.
(g) Fees,charges,late charges,fines,collection costs,and interest charged against a Unit
Owner pursuant to the Condomnuum Documents and the Condominium Act are enforceable as
Common Expense assessments
Section 17.5 Lten
(a) The Association has a lien on a Unit for an assessment levied against the Unit which
remains unpaid for a period of thirty(30)days or longer from the time it is filed of record in the
Office of the Clerk of Superior Court of New Hanover County,North Carolina. Fees(including
attomeys'fees),charges,late charges,fines and interest charged pursuant to the Condominium Act
and the Condomimum Documents are enforceable as assessments under this Section. If an
assessment is payable in installments,the full amount of the assessment becomes immediately due
and payable when the first installment thereof remains unpaid in such manner,and the full amount
of the assessment shall constitute a ben from the time of such filing.
(b) A lien under this Section is prior to all other liens and encumbrances on a Unit except.
(i) liens and encumbrances(including,but not limited to,a mortgage or deed of
trust on the Unit)recorded before the docketing of the lien in the Office of the Clerk of Superior
Court;and
(u) liens for real estate taxes and other governmental assessments or charges
against the Unit. This Subsection does not affect the priority of mechanics'or materialmen's hens
(c) A lien for unpaid assessments is extinguished unless proceedings to enforce the hen
are instituted within three(3)years after the docketing thereof in the Office of the Clerk of Superior
Court.
(d) This Section does not prohibit an action to recover sums for which Subsection 17.3(a)
of this Section creates a lien or prohibit the Association fiom taking a deed in lieu of foreclosure.
16

(e) A judgment,decree or order in any action brought under this Section shall include
costs and reasonable attorneys fees for the prevailing party.
(f) The Association's hen may be foreclosed as a mortgage or deed of trust on real estate
under power of sale under Article 2A of Chapter 45 of the General Statutes of North Carolina.
(g) If a holder of a first mortgage or Cost deed of trust of record,or other purchaser of a
Unit,obtains title to the Unit as a result of foreclosure of a first mortgage or first deed of tmst,such
purchasers,and its 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 the Unit Owners including
such purchaser,and its heirs,successors and assigns
(h) Any payments received by the Association in discharge of a Unit Owner's obligation
may be applied fast to costs,expenses,interest and,to the extent that any amounts remain,to the
oldest balance due
(i) All assessments not pad within thirty(30)days of the due date shall bear interest at
the rate of 12%per annum until pad
Section 17.6 Budget Adondon and Rittification. Within thirty(30)days after adoption of
a proposed budget forthe Condominium,the Executive Board shall provide a summaryofthebudget
to each Unit Owner,and shall set a date for a meeting of the Unit Owners to consider ratification of
the budget not less than fourteen(14)nor more than thirty(30)days after mailing of the summary
Unless at that meeting Owners of Units representing sixty five percent (65%) of all Common
Elements reject the budget, the budget is ratified, whether or not a quorum is present. If the
proposed budget is rejected,the periodic budget last ratified by the Unit owners continues until the
Unit Owners ratify a budget proposed by the Executive Board
Section 17.7 Ratification of Non-Rudgeted r on PxMse and Special
Assessments.If the Executive Board votes to levy a Common Expense assessment not included in
the current budget,other than one enumerated in Section 17.6 of this Declaration, in an amount
greater than ten(10%)percent of the current annual operating budget,the Executive Board shall
submit such Common Expense to the Unit Owners for ratification in the same manner as a budget
under Section 17.6 Special Assessments less that ten(10%)of the current annual operating budget
may be approved by a majority vote of the Executive Board.
Section 17.8 CbMcate of Payment QLC!ZMMQIL EXanses Assessments. The As mtion
upon written request shall furnish to a Unit Owner a statement setting out-the amount of unpaid
assessments against the Unit The statement must be furnished within fifteen(15)business days
after receipt of the request.
Section 17.9 Quarterly Pavme t of Common Expenses. All Common Expenses assessed
under Sections 17 5 and 17.6 shall be due and payable quarterly,or at such other interval as may be
approved by the Executive Board.
Section 17.10 Commencement of Common Exnense Assessments Common Expense
assessments shall begin on the first day of the month on winch conveyance ofthe first Unit to a Unit
Owner other than the Declarant occurs.
Section 17.11 No Waiver of Liability Common Expil=. No Unit Owner may exempt
himself or herself from liability for payment of the Common Expenses by waver of the use of
enjoyment of the Common Elements or by abandonment of the Unit against which the assessments
are made.
Section 17.12 personal Liability of Unit Owners, The owner of a Unit at the time a
Common Expense assessment or portion thereof is due and payable is personally liable for the
assessment Personal liability for the assessment shall not pass to a successor in title to the Unit
17

unless he or she agrees to assume the obligation.
Section 17.13 Working Canital. Each initial purchaser ofan individual unit will pay to the
Association two months of monthly dues as working capital which will be retained by the
Association.
ARTICLE 18, RIGHT TO ASSIGN FUTURE INCOME
The Association may assign its future income, including its tight to receive Common
Expense assessments,only by the affirmative vote of Unit Owners of Units to which at least fifty-
one percent(51%)of the votes in the Association are allocated,at a meeting called for that purpose.
ARTICLE 19 PERSONS AND UNIT SUBJECT TO
THE CONDOMINIUM DOCUMENTS
Section 19.1 Comolfance with Condominium pocliments. All Unit Owners, tenants,
mortgagees and occupants of Units and, to the extent applicable, all of their invitees, guests,
employees and agents,shall comply with the Condominium Documents. The acceptance of a deed
or the exercise of any incident of ownership or the entering into of a lease or the entering into
occupancy of a Unit constitutes agreement that the provisions of the Condomuuum Documents are
accepted and ratified by such Unit Owner,tenant,mortgagee or occupant,and all such provisions
recorded in the office of the Register of Deeds of New Hanover county, North Carolina, are
covenants running with the land and shall bind any persons having at any time any interest or estate
in such Unit
Section 19.2 Adoption Of Rules d Regulations, The Association acting through its
Executive Board may adopt Rules and Regulations regarding the use and occupancy of Unit
affecting the Common Elements,Limited Common Elements and the activities of occupants,subject
to Nonce and Consent
ARTICLE 20.INSURANCE
Section 20.1 Coverage. To the extent reasonably available,the Executive Board shall obtain
and maintain insurance coverage as set forth in this Article. If such insurance is not reasonably
available, and the Executive Board determines that any insurance described herein will not be
maintained,the Executive Board shall cause notice of that fad to be hand-delivered or sent prepaid
by United States mail to all Unit Owners and Eligible Mortgagees at their respective last known
addresses
Section 20.2 Property Insurance. (a) Property insurance covering.
(i) the project facilities(which term means all components of buildings on the Property,
including exterior glass and all fixtures,equipment and any Improvements and betterments defined
herein as a part of the Common Elements),but excluding land,excavations,portions of foundations
below the under surfaces of the lowest floors,underground pilings,pipes,flues and drams and other '
items normally excluded from property policies;and
(n) In the case of glass breakage occurring from the inside outward,or due to negligence
on the owner/tenant's part,or due to a break-in,the responsibility of that Unit Owner will be to pay
the Association the insurance deductible. The Association will pay for the repair beyond the
insurance deductible.
(ui) all personal property owned by the Association.
(iv) Excluding water damage caused by any type of plumbing failure or a plumbing failure
of an adjacent unit,all of which will be the responsibility of the Unit Owner having the failure
18

(b) Amounts. The project facilities for an amount(after application of any deductions)equal
to one hundred percent(100%)of their replacement cost at the time the insurance is purchased and
at each renewal date Personal property owned by the Association for an amount equal to its actual
cash value
The Executive Boatel is authorized to obtain appraisals periodically for the purpose of
establishing said replacement costs of the project facilities and the actual cash value of the personal
property,and the cost of such appraisals shall be a Common Expense.
The maximum deductible for insurance policies shall be no less than$500 nor more than
$2,500 or one percent(1%)of the policy face amount,whichever is greater
(c) Risks Insured Against. The insurance shall afford protection against"all risks"of direct
physical loss commonly insured against
(d) Other Provisions. Insurance policies required by this Section shall provide that-
(i) the insurer waives the right to subrogation under the policy against a Umt Owner or guest,
invitee,or tenant of a Unit Owner
(ii) an act or omission by a Umt Owner,unless acting within the scope of the Unit Owners
authority on behalf of the Association,will void the policy or be a condition to recovery under the
policy.
(in) if,at the time of a loss under the policy,there is other insurance in the time of a Unit
owner covering the same risk coveted by the policy,the policy of the Association provides primary
insurance
(tv) loss must be adjusted with the Association.
(v) insurance proceeds shall be paid to an insurance trustee designated in the policy for that
purpose,and in the absence of such designation to the Association,in either case to be held in trust
for each Unit Owner and such Unit Owner's mortgagee.
(vi) the insurer may not cancel or refuse to renew the policy until thirty(30)days after notice of
the proposed cancellation or non-renewal has been mailed to the Association,each Unit Owner and
each holder of a Security Interest to whom a certificate or memorandum of insurance has been
issued,at their respective last known addresses.
(vm) the name of the insured shall be substantially as follows:"WILLIE STARGELL OFFICE
PARK"for the use and benefit of the individual owners".
Section 20.3 Lis_bility Insurance.Liability insurance,including medical payments insurance,in
an amount determined by the Executive Board but in no event less than$1,000,000 covering all
occurrences commonly insured against for death,bodily injury and property damage arising out of
or in connection with the use,ownership ormaintenance of the Common Elements,and the activities
of the Association.
(a)Other Provisions. Insurance policies tamed pursuant to this Section shall provide that
(1) each Unit Owner is an insured person under the policy with respect to liability arising
out of interest of the Unit Owner in the Common Elements or membership in the Association
(u) the insurer waives the right to subrogation under the policy against a Unit Owner or
member of the household of a Unit Owner.
(in) an act or omission by a Unit Owner,unless acting within the scope of the Unit Owner's
authority on behalf of the Association,will not void the policy or be a condition to recovery under
19

the policy
(iv) If,at the time of a loss under the policy,there is Other insurance in the name of a Unit
Owner covering the same risk covered by the polity,the policy of the Association provides primary
insurance
(v) the insurer issuing the policy may not cancel or refuse to renew it until thirty(30)days
after notice of the proposed cancellation or non-renewal has been mailed to the Association, each
Unit Owner and each holder of a Security Interest to whom a certificate or memorandum of
insurance has been issued at their last known addresses.
Section 20A Fidelity Bonds A blanket fidelity bond maybe provided for anyone who either
handles or is responsible for funds held or administered by the Association,whether or not they
receive compensation for their services
Section 20.5 Unit Owner Po ties. An insurance policy issued to the Association does not
prevent a Unit Owner from obtaining insurance for his or her own benefit. Unit Owners are
responsible for maintenance,repairs and replacement of their HVAC units,all interior walls,doors,
drop ceilings,light fixtures,plumbing,mechanical and electrical systems They are also responsible
for window glass and demising fire walls in some instances.
Section 20.6 Workers' Compeosa ion Insurance. The Executive Board may obtain and
maintain workers'compensation insurance to meet the requirements ofthe laws ofthe State ofNorth
Carolina
Section 20.7 Directprs'and Officers'Liability hility i . The Executive Board shall
obtain and maintain Directors' and .Officers' liability insurance, if available, covering all of the
Directors and Officers of the Association in such limits as the Executive Board may,from time to
time,determine.
Section 20. 8 Other Insurance, The Association may carry other insurance which the
Executive Board considers appropriate to protect the Association or the Unit Owners.
Section 20.9 Premiums, Insurance premiums shall be a Common Expense.
ARTICLE 21.DAMAGE TO OR DESTRUCTION OF PROPERTY
Section 21.1 Duty to Restore. A portion of the Condominium for which insurance is required
under Section 47C-2-113 of the Condominium Act or for which insurance tamed by the Association
is in effect,whichever is more extensive,that is damaged or destroyed must be repaired or replaced
promptly by the Association unless:
(a) the Condominium is terminated,
(b) repair or replacement would be illegal under a state statute or municipal ordinance
governing health or safety;or
(c) eighty percent(80%)of the Unit Owners,including each owner of a Unit or assigned
Limited Common Element that will not be rebuilt,vote not to rebuild.
Section 21.2 Cost The cost of repair or replacement in excess of insurance proceeds and reserves
is a Common Expense.
Section 21.3 Plana.The Property must be repaired and restored in accordance with either the
original plans and specifications or other plans and specifications which have been approved by the
Executive Board,a majority of Unit Owners and fifty-one percent(51%)Of Eligible Mortgagees.
Section 21.4 Replacement of J&ss thap Entin Prow.
20

(a) The msuranre 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.
(b) Except to the extent that other persons will be distnbutees:
(1) the insurance proceeds attributable to a Unit and Limited Common Elements that is not
rebuilt must be distributed to the owner of the Unit and the owner of the Unit to which the Limited
Common Elements were allocated,or to hen holders,as their interest may appear,and
(u) the remainder of the proceeds must be distributed to each Unit Owner or lien holder,as
their interests may appear,in proportion to the Common Element interests of all the Units
(c) If the Unit Owners vote not to rebuild a Unit, the Allocated Interests of the Unit are
reallocated upon the vote as if the Unit had been condemned under Section 47C-1.107(a)of the
Condominium Act,and the Association promptly shall prepare,execute and record an amendment
to the Declaration reflecting the reallocations.
Section 21.5 Insurance Proceeds. The Trustee,of if there is no Trustee,then the Executive
Board of the Association,acting by the President,shall hold any insurance proceeds in trust for the
Association,Unit Owners and hen holders as their interests may appear. Subject to the provisions
of Subsection 21.1(a)through Subsection 21 1(c),the proceeds shall be disbursed first for the repair
or restoration of the damaged property,and the Association,Unit Owners and lien holders 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.
Section 21.6 Certificates by the Executive Board The Trustee,if any,may rely on the
following certifications in writing made by the Executive Board-
(a) Whether or not damaged or destroyed property is to be repaired or restored;
(b) the amount or amounts to be paid for repass or restoration and the names and addresses
of the panes to whom such amounts are to be paid
ARTICLE 22.RIGHTS TO NOTICE AND COMMENT;NOTICE AND HEARING
Section 22.1 RJght to Notice and Comment.Before the Executive Board amends the Bylaws
or the Rules and Regulations, .whenever the Condominium Documents require that an action be
taken after"Notice and Comment",and at any other time the Executive Board determines,the Unit
Owners have the right to receive notice of the proposed action and the right to comment orally or
in writing Notice of the proposed action shall be given to each Unit Owner in writing and shall be
delivered personally or by marl to all Unit Owners at such address as appears in the records of the
Association,or published in a newsletter or similar publication which is routinely circulated to all
Unit Owners. The notice shall be given not less than five(5)days before the proposed action is to
be taken It shall invite comment to the Executive Board orally or in writing before the scheduled
time of the meeting The nght to Notice and Comment does not entitle a Umt owner to be heard at
a formally constituted meeting.
Section 22.2 Might to Notice and Hearina.Whenever the Condomimum Documents require that
an action be taken after"Notice and Hearing",the following procedures shall be observed:the party
proposing to take the action(e g.,the Executive Board,a committee,an officer,the manager,etc.)
shall give written nonce of the proposed action to all Unit Owners and occupants of Units whose
interest would be significantly affected by the proposed action. The notice shall include a general
statement of the proposed action and the date,time and place of the hearing At the hearing,the
affected person shall have the right,personally or by a representative,to give testimony orally,in
writing or both(as specified in the notice),subject to reasonable rules of procedure established by
the party conducting the meeting to insure a prompt and orderly resolution of the issues Such
evidence shall be considered in making the decision but shall not bmd the decision makers. The
affected person shall be notified of the decision in the manner in which notice of the meeting was
21

given.
Section 22.3 ARoeals.Any person having a right to Notice and Hearing shall have the right
to appeal to the Executive Board from a decision of persons other than the Executive Board by
delivering a written notice of appeal with the Executive Board within ten(10) days after being
notified of the decision. The Executive Board shall conduct a heating within thirty(30)days,giving
the same notice and observing the same procedures as were required for the original meeting.
ARTICLE 23 EXECUTIVE BOARD
Section 23.11t1fnutes of Executive Board M The Executive Board shall pemut any
Unit Owner to inspect,and obtain copies,at such requesting ownels expense,mmutes of Executive
Board meetings and other Association records by appointment during normal busmess hours upon
reasonable notice and request. The minutes shall be available for inspection within thirty(30)days
after any such meeting.
Section 23.2 Powers and Duties The Executive Board may act mall mstances on behalf of
the Association,except as provided in this Declaration,the Bylaws or the Condomnium Act. The
Executive Board shall have, subject to the limitations contained in this Declaration and the
Condominium Act, the powers and duties necessary for the administration of the affairs of the
Association and of the Condominium which shall include,but not be limited to,the following:
(a) adopt and amend Bylaws,Rules and Regulations,
(b) adopt and amend budgets for revenues,expenditures and reserves;
(c) collect assessments for Common Expenses from Unit Owners;
(d) here and discharge managing agents,
(e) hue and discharge employees and agents,other than managing agents,and independent
contractors;
(f) institute,defend or intervene in litigation or administrative proceedings or seek injunctive
relief for violation of the Declaration,Bylaws or Rules and Regulations in the Association's name
on behalf of the Association or two or more Unit Owners on matters affecting the Condominium;
(g) make contracts and incur liabilities;
(h) regulate the use, maintenance, repair, replacement and modification of the Common
Elements,
(i) cause additional Improvements to be made as a part of the Common Elements;
0) acquire,hold,encumber and convey in the Association's name any right,title or mterest to
real property or personal property, but Common Elements may be conveyed or subjected to a
Security Interest only pursuant to Section 47C-3-112 of the Condommum Act,
(k) grant easements for any period of time mcludmg permanent easements,and leases,licenses
and concessions for no more than one year,through or over the Common Elements,
(1) impose and receive a payment,fee or charge for the use,rental or operation of the Common
Elements,other than Limited Common Elements described in Section 47C-2-102(2)and(4)of the
Condominium Act,and for services provided to Unit Owners;
(m) impose a reasonable charge for late payment of assessments and,after Notice and Hearing,
levy reasonable fines for violations of tins Declaration,Bylaws,and the Rules and Regulations of
the Association,
22

(n) impose and receive payment of costs and attorney fees incurred in the enforcement of any
rights and obligations created by this Declaration to the Bylaws,including the pursuit of delinquent
assessments,
(o) impose a reasonable charge for the preparation and recordation of amendments to this
Declaration, and resale certificates required by Section 47C-2-109 of the Condomimum Act or
statement of unpaid assessments,
(p) provide for the indemnification of the Association's Officers and the Executive Board and
maintain Directors'and Officers'][ability insurance;
(q) assign the Association's right to future income, including the right to receive Common
Expense assessments,
(r) exercise any other powers conferred by this Declaration or the Bylaws;
(s) exercise any other power that may be exercised in this state by legal entities of the same
type as the Association,
(t) exercise any other power necessary and proper for the governance and operation of the
Association;and
(u) by resolution,establish committees of Directors,permanent and standing,to perform any
of the above functions under specifically delegated administrative standards,as designated in the
resolution establishing the committee. All committees must maintain and publish notice of their
actions to Unit Owners and the Executive Board However,actions taken by a commuttee may be
appealed to the Executive Board by any Unit Owner withm forty-five(45)days of publication of
such notice,and such committee action must be ratified,modified or rejected by the Executive Board
at its next regular meeting
Section 23.3 Executive Board Limitations,The Executive Board may not act on behalf of the
Association to amend this Declaration,to terminate the Condomnuum or to elect members of the
Executive Board or determine the qualifications,powers and duties,or terms of office of Executive
Board members,but the Executive Board may fill vacancies in its membership for the unexpired
portion of any term
ARTICLE 24 CONDEMNATION
If part of all of the Condominium is taken by any power having the authority of eminent
domain, all compensation and damages for and on account of the taking shall be payable in
accordance with Section 47C-1-107 of the Condominium Act
ARTICLE 25. MISCELLANEOUS
Section 25.Ce on .-The captions contained in the Condominium Documents are inserted
only as a matter of conveyance and for reference,and in no way define,lmut or describe the scope
of the condominium Documents nor the intent of any provision thereof.
Section 25.2 Gender The use of the masculine gender refers to the femu nine and neuter
genders and the use of the singular includes the plural,and vice versa,whenever the context of the
Condomtmum Documents so require.
Section 25.3 Waiver. No provision contained in the Condominium Documents is abrogated
or waived by reason of any failure to enforce the same,irrespective of the number of violations or
breaches which may occur.
23

Section 25.4 Invalidi The invalidity of any provision of the condominium Documents does
not impair or affect in any manner the validity,enforce ability or effect of the remainder,and in such
event,all of the other provisions of the Condominium Documents shall continue in full fora and
effect
Section 25.5 Conf l . The Condominium Documents are intended to comply with the
requirements of the Condominium Act. In the event of any conflict between the Condominium
documents and the provisions of the Condominium pet the provisions of the Condominium Act
shall control. In the event of any conflict between this Declaration and any other Condominium
Document,this Declaration shall control.
IN WITNESS WHEREOF,the Declarant has caused this instrument to be signed by its duly
authorized manager for and on behalf of the limited liability corporation,this the_ day of
December,2002.
DECLARANT:
Ho ' P
By:
t er
era er
24

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,:� C a Notary Public in and for said County and State,do hereby
certify that Jon T.Vincent and Steven E.Niemeyer,each, personally came before me this day and
acknowledged that he is Manager of Horizon Park,LLC, the limited liability company described
in and which executed the foregoing instrument; that he executed said instnmment in the limited
liability company name by subscribing his name thereto,and that the Instnmment is the act and deed
of said liinited liability company
WITNESS my hand and notarial seal,this the i day of December,2002
Notary Public
My Commission Expires:
L .J;.TER
N NEW HA OVER COUNTY
NEW MRNOYEa CWNTY
Yy M"T Eaptro
25

CONSENT AND JOINDER OF MORTGAGEE AND TRUSTEE
WACHOVIA BANK,N.A., as the holder of the existing mortgage loan on some or all of
the property described in Exhibit"A" and New Salem, Inc, as Trustee under the deed of trust
securing said loans and recorded in Book 3133,Page 494 of the New Hanover County Registry,Iom
in the execution of this Declaration of Condominium for the purpose of subjecting said deed of trust
securing said loan to the terms and provisions of this Declaration of Condomimum,as may from
time to time be amended or supplemented
MORTGAGEE:
WACHOVIA BANK,N.A.
By.
S� ice President
TRUSTEE- NEWSALEM,INC.
By G
VI resident
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1> a Notary Public,certify that 5_ �,
personal appeare before me,and acknowledged that he/she 1 5iY V P• of
WACHOVIA BANK,N A.,a corporation,and that heleheas 5a_,_Y. P, )erg
authorized to do so,executed the foregoing on behalf of the corporation.
WITNESS my hand and notarial seal,this the_�P_day of December,2002.,ir NE J."•• a
Not Public !NOTARY y-i
My Commission Expires.
:21 PUBLIC Z'
STATE OF NORTH CAROLINA 9y`�.,,,,••.•+`�•`
COUNTY OF NEW HANOVER AVER COJ�;,•°�
I, • U/k ,a Notary Public,certify that
personally a peered before me,and acknowledged that hc/__is V.r•.. bao;J&�1- of
NEW SALEM,INC.,a corporation,and that he%he as_12Ass.,- P .A:a,_j-• ,being
authorized to do so,executed the foregoing on behalf of the corporation
WITNESS my hand and notarial seal,this the�day of December,2002.�pENE J.By
a o NOTARY •=
Notarkiiiablic
My Commission Expires: 1-3 0-64
si7,�O �,.Jam•(*,.'

EXHIBIT"A„
Being all of that 5.29 acre tract as shown on a survey for Horizon
Park,LLC;said survey dazed October 31,2001,and performed by
Hobbs Surveying Company,which survey is recorded in Map
- Book 41 at Page 340 of the New Hanover County Registry,
reference to which is hereby made for a more particular
description
Subject to the nght-of-way for Fist Street(60-foot right-of-way)as
shown on said plat and subject to a 33-foot drainage easement and
a 20-foot waterline easement as shown on the aforesaid map.

EXHIM"B^
Phase h Unit Saaare foot of Unit %of Allocated Interest
. 100 1,792 0363
102 1,792 0363
104 1,893 0383
106 2,644 0535
108 839 017
Phase M
Units to be designated m 17,280 3496
supplemental map (Total Square feet
of budding)
PhaserM
Umts to be designated in 23,176 4690
supplemental map (Total Square feet
of building)
Total for all phases: 49,416.00 100%

�pVEQ CMG
o�
REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
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Filed For Registration: 12/09/2002 09.19:19 AM
Book- RE 3566 Page: 221-249
Document No.. 2002062626
DECL 29 PGS $95 00
Recorder* MSTORER
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State of North Carolina, County of New Hanover
The foregoing certificate of TRUDY L FOSTER Notary is certified to be correct This 9TH of December 2002
REBECCA T. CHRISTIAA�N , REGISTER OF DEEDS
By.��Q J�,t 11;)l V✓l,Y,,� h�lt�
Deputy/Aswetaft Register of Deeds
f..f.f......f.f.ff.f..........ff.Y.f.....f..f.........f.......f......,....f...............f...Y.f.a........f........f..
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
* 2002062625
2002062625