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HomeMy WebLinkAboutSW8970705_HISTORICAL FILE_20140429 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 / DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD ©p� r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary . April 29, 2014 Mr. Patrick Matre, Vice President Best Buy Enterprise Services, Inc., Owner Trustee Price Tag Realty Trust 2001-1 7601 Penn Ave. S. Richfield, MN 55423 Subject: Stormwater Permit No. SW8 970705 Name Change/Ownership Change Best Buy New Hanover County Dear Mr. Matre: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DV will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit On April 28, 2014, the Wilmington Regional Office received a request to transfer the ownership of the state stormwater management Permit for the subject project along with a request to modify the permit. Staff of DEMLR have inspected the project, determined that the documentation is in order, and that the pproject is in compliance with the terms and conditions of the state stormwater permit. As indicated on the ,Flame/Ownership Change form, you have acknowledged that you have not received a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee. By signing and submitting the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that the subject permit has been transferred on April 29, 2014 and to remind you that this permit shall be effective until February 21, 2015. For your records, please find enclosed a copy of the inspection report and a copy of the Name/Ownership Change form submitted on April 28, 2014. Now that the transfer has been approved, the requested modification to the permit will be processed. Once the request to modify the permit has been approved, a modified permit, which includes the application and supplement forms, a copy of the revised approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee will be provided. Until the requested modification has been approved, please be aware that the project's built-upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with ,the signed Operation and Maintenance agreement. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved PPlans, please do not hesitate to call Christine Nelson with DEMLR in the Wilmington Regional Office at(910) 796-7215. Sinc rely, e7�mTr.,cy�vis, P.E., Director Division of Energy, Mineral and Land Resources GDS/can: \\\Stormwater\Permits& Projects\1997\970705 HD\2014 04 permit 970705 cc: Mat Trowbridge, Cur Engineering Wilmington Regional�ffice Stormwater File Division of Energy, Mineral,and Land Resources Land Quality Section-Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington, North Carolina 28405•(910).796-7215/Fax:(910)350-2004 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: swe-970705 2. Project Name: BaetBey 3. Current Permit Holder's Company Name/Organization: BBC Property co. 4. Signing Official's Name: Patrick Matra Title: vice President 5. Mailing Address: 7500 Flying cloud or. City: Eden Prairie State: PAN Zip:55344 6. Phone: ( Fax: (� II. PROPOSED PERMITTEE / OWNER / PROJECT/ ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) x❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): Best Buy Enterprise Services.Inc.,a Minnesota corporation not individually.but solely as the Owner Trustee under Price Tag Realty 1. Proposed permittee's company name/organization: Trust2001-1 2. Proposed permittee's signing official's name: ��- 3. Proposed permittee's title: vice President 4. Mailing Address: 7601 Penn Aveiue south City: Richfeid State: MN Zip: 55423 Phone: ( 612 ) 2e1-2325 Fax: ( ) 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #I above and provide name of HOA/POA's authorized representative in #2 above) 0 The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) ECEIVE APR 2 8 20% SSW N/O Change Rev24Sept2012 Page 1 of 4 BY: III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: 0 Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, Patrick Matre , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, , the current permittee, am submitting this application for a transfer of ownership for permit If . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as-built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot ap oved by the DWQ unless and until the facility is in compliance with the permit. Signature: G�jt —_ Date: 6 4, I, a Notary Public for the State of County of do hereby certify that ^ �G personally appeared before me this the 6 day of d ' 20 /�t' , and acknowledge the due execution of the forgoing inner itne my hand and official seal, (Notary Seal) Notary Signature FrankAlexanderJanes ECEIVE NOTARY PUBLIC•MINNESOTA MY COMMISSION EXPIRES.IAN.31,2U15 APR 2 8 20% SSW N/O Change Rev24Sept2012 F Ne of 4n/Innn^ � BY: V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) ❑ the most recent permit ❑ the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as-built plans ❑ the approved operation and maintenance agreement Bpast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: Date: I, a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee/developer and the property owner will appear on the permit as permittees. CC ECEIV APR 2 8 2014 SSW N/O Change Rev24Sept2012 Page 3 of 4 By' VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: State: Zip: Mailing Address: (if different from street address) City: State: Zip: Phone: Fax: Email: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: I, a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature cEIVE APR 28 2014 SSW N/O Change Rev24Sept2012 Page 4 of 4 cyayENGIN APR 2 2 2014 TRANSMITTAL FORM BY TO: Ms. Christine Nelson NCDENR Division of Energy, Mineral& Land Resources 127 Cardinal Drive Ext. Wilmington, NO 28405 SUBJECT: Shops at College Rd. DATE: April 21, 2014 SENT BY: Mat Trowbridge, PE CURRY PROJECT NO: 2013-007 We are sending you the following items: COPIES ITEM DESCRIPTION 1 Submittal Package Off-Site Permit: Revised Applications and Calcs Dated 04/21/14 1 Submittal Package Existing Permit Mod: Revised Applications and Cates Dated 04/21/14 2 Plans Site Plans Dated 03/13/14 1 Fee $4,000 Review Fee I$2,000 Permit Mod, $2,00D Off-site Permit) These are transmitted as checked below: For Information _ Approved as Noted - Revise and Resubmit x As Requested _ Not Approved - Revise and Resubmit _ For Review and Comments _ For Record and File _ For Revision _ Submittal x For Approval _ For Recording Approved For Signature, then return to: REMARKS: Enclosed is a revised submittal package for review based on the Express Review Meeting held on Wednesday,April 9. Thanks, GJ9.RV ENO/ Mat 1 1,1]I JJC-0849 205 5. FU It LItlY AvenuC F (9191 552-2043 Fuquay-Varina, NC 27526 EST, O N z 10 O 'Pj. C1P H CARov Home(/) Search (/Business/Search) Filings (/Business/Filings) Search » Business Filings n Back to Search Results Business Record Details » (---------------- - - - - - ,r j Minnesota Business Nacre I I Best Buy Enterprise Services, Inc. IBusiness Type MN Statute j Business Corporation(Domestic) 302A File Number Home Jurisdiction 12K-393 Minnesota Filing Date Status 11/08/2002 Active/In Good Standing Renewal Due Date: Registered Office Address 12/31/2014 100 S 5th Str#1075 Mpls MN 55402 USA Number of Shares Registered Agent(s) 100,000 C T Corporation System Inc Chief Executive Officer Principal Executive Office Address Hubert Joly 7601 Penn Avenue S. 7601 Penn Avenue S. Richfield MN 55423 Richfield MN 55423 USA USA Filing History Renewal History I Fling History .-._... ._---.-._- .. _. ----._-. ..____._- -----.--. _ ---_— 11/08/2002 Original Fling Business Corporation(Domestic) _ .. .._ . . .. .. _. 11/08/2002 Business Corporation(Domestic)Business Nam 02/19/2003 Business Corporation(Domestic)Business Name 02/19/2003 Merger Business Corporation(Domestic) 03/31/2003 Registered Office and/or Agent Business Corporation(Domestic) i 0 911 2/2 00 3 Registered Office and/or Agent-Business Corporation(Domestic) _- _� i ��plY d�v 3FOR REGISTRATION REGISTER OF DEED' TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC , ��IpI�I�IMI�IBIIuI���BN 23 AN BK 58014PG.24%-24121FEE:$26.00 2014008723 NC REV STRIMP'$2,600 00 1NSiRUMENi 4 N 497E SPECIAL WARRANTY DEED Excise Tax $Z i(R 00.00 Tax Parcel ID No Verified by County on the_day of 20_ By MalUBox to first American lrttle-NCS Charlotte, 201 S College Street,Ste 1500 (Charlotte,NC 28244 This Instrument was prepared by Robins Kaplan. Miller&Ciresi L L P ,4Do (a5a(kft�iµ`^^elr`'rrtN `� Brief description for the Index Iva—(011?PaNG THIS DEED,made this the 8 day of Apnl,2014. by and between GRANTOR: Best Buy Enterprise Services. Inc .a Minnesota corporation,as successor to First Security Bank, National Association, not individually but solely as Owner Trustee under Price Tag Realty Trust 2001-1 whose mailing address is 7801 Penn Avenue South, Richfield,MN 55423,Attn Real Estate—Legal (herein referred to as Grantor)and GRANTEE: PHDACollepe. LLC.a Ronda limited liability company whose mailing address is 3930 Max Place, Boynton Beach. FL 33436 Attn Kimberly Hill. Comptroller (herein referred to as Grantee)and (include mailing address foreach Grantorand Grantee, mantal status of each individual Grantorand Grantee,and type of entity, a g, corporation, limited liability company, for each non-individual Grantor and Grantee) WITNESSETH For valuable consideration from Grantee to Grantor,the receipt and sufficiency of which is hereby acknowledged,Grantor hereby gives,grants, bargains,sells and conveys unto Grantee in fee simple,subject to the Exceptions and Reservations hereinafter provided, if any, the following described property located in the City of Wilmington, County of New Hanover, State of North Carolina, more particularly described as follows See Exhibit A attached hereto, subject to easements, covenants,restrictions and other matters of record, and taxes for the year 2014 Revised April 4, 2014 944867705 I Said property having been previously conveyed to Grantor by instrument(s)recorded in Book 2882,Page 1910-1912,and being reflected on plat(s) recorded in Map/Plat Book 40, page/slide 263 All Ora portion of the property herein conveyed—Includes or X does not include the primary residence of a Grantor TO HAVE AND TO HOLD unto Grantee,togetherwith all privileges and appurtenances thereunto belonging,in fee simple, subject to the Exceptions and Reservations hereinafter and heremabove provided, if any And Grantor hereby warrants that Grantor has done nothing to impair the title as received by Grantor and that Grantor will forever warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor This conveyance is made subject to the following Exceptions and Reservations All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine,feminine or neuter as required by context IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written Best Buy Enterprise Services Inc as successor to First Sect pity Bank National Associabon. not individually but solely as the Q% r Trustee under Price Tau Realty Trust 2001-1 �,/�(Entity Name) By f4 ' ,�'[/(�� (SEAL) PnnVType Name&Title A*A A4t - - te- /f-( vi-�Pnnt/Type Name By (SEAL) PnnVType Name&Title Print/Type Name By (SEAL) Print/Type Name&Title PnntIType Name By (SEAL) Pnnt(Type Name&Title Pnnt/Type Name STATE OF MINNESOTA COUNTY OF IIENNEPIN 1, f ; AK S a Notary Public of the County of z ' State of d(A-f do hereby certify that Pka -,AA r, of 19-AL C-4 E4L-. ice.�a ri C.4i .c(a•.- () (personally known to me or( )who proved to me on the basis of satisfactory evidend to be the person described,personally appeared before me this day and acknowledged that she voluntarily signed the foregoing instrument for the purpose stated therein /I Witness,my hand and official seal, this �2-fr-f —day of ✓' ` a/y *NMI anes(SEAL) ESOTANota Public Nry 2015 My commission expires Revised April 4, 2014 844867705 i EXHIBIT A Lot 2B, as shown on TF College and New Centre Tract Division of Lot 2,New Hanover County,North Carolina Revised April 4,2014 844867705 �NTY. 00 �0 0 z Q z 0 3 `��Ae/IseFn�� TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 lfftf Nf11tf}tfftllft}NNNf1f1MtNN1flNNflNf NtNIiN1tNNHfNIt1NN11f If1ffNN11N111f Nf Nf Nfffflflff}NfN Filed For Registration: 04/11/2014 11:17:23 AM Book: RE 5807 Page: 2409-2412 Document No.: 2014008723 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $2,600.00 Recorder: JOHNSON, CAROLYN State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014008723 * 2014008723 1 ' - t p a .� ry\° / d ', VICINITY MAP 4 .��wi - ` �� •.^,.,� NO SCALE - 4{ _ �10.VCF AU m 7 W GE AND NEW C THE l Cl .r m[. `/•^" ro C`�.�`_••wr_•• '�� °^w m,.'^®� mmu�•ma Nmsm U LOT 2 pm J`�' •� w m Ogt WPM£i6J "119A2�b�a`.�.mmo sheen n rva �w Nw an.+ann w.,.rm mnn L�l TB L, R y�°.,qpp n.ms.w,n[• ~s6.Dome as ..i.n. - M.1 w•gym.• ran Imo• ryv �,"."..aa mm..rr��,, 6.66 I.IXE5./-�OS OKS./- ,w me's�.me �iay w n _. muin.I r..N 1'INwr u)yyttgain ® _ mm ew.n oo,,44 � _ .a/s _s _ 1�1^ems n� _ �urmH]-n^.• 3i a u.®vows �>IG114 uR rc+nac u•+++'Y;b^^,•^•e��s�an..w E, e`r'Mi.ve....�a��w�� Sicivm•Mik a��l 4���w�a m a44—•��^"'y'yl� MAP INDEX -Tf Colleae Ana Qew on e Tftct Dil4,si0n of LO-T 2 Name of Map &JAI S�O�LQp �as� gum{ En�e.� Owner's Name Type of Map: Subdivision Plat Condo Highway Book Page(s) c Number of Pages Recorded By: On R Carolyn 76hnson-Deputy NIIII {IpII''JJ'��� ���IppIII�I IU199 NN {11 {4I,11EI DR Tp Y }Q USG BEPSLER Of DEEV IYF�IIIIIINI IIl II' I :II�I�I IIII.III� 201 Y% 27 02 21.. NC 231G f� 27 03 21.50 PM 2014007292 BK 59 PG 35-36 FEE$21 W KIWI t 2014R2 0\1 IV �\ Oar' ? r, 7 2 �1jlrnnwtl'� TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ........................................................................................................................ Filed For Registration. 03/2712014 03:21 50 PM Book: PLAT 59 Page: 35-36 Document No 2014007292 2 PGS $21.00 Recorder JOHNSON,CAROLYN I State of North Carolina,County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. * 2014007292 * 2014007292 CHICAGO TITLE INSURANCE COMPANY ��$$ 222 South 90 Street Ste 3250.Minneapn[is,MN 5.c402 NU in: 612-339.5370 Fax: 612-339.6743 Directdiai: 612-573-2586 Email: endr rpf�ttt.cem February.22;2007 Ms. Paula L. Peterson Robins,Kaplan, Miller&Ciresi,LLP 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis," 5.5-102 RE: Your File No.011082.1177 Best Buy Stores, L.P. New I lanover County,NC Our File No. 102009711 Dear Paula: Fnclosed please Find the following.documema in connection with the above referenced transaction. I. Original recorded Relcase of Deed ofTrust, Assignment of Leases,Security Agreement and Financing Statement 2. Original recorded'I'ermination of Memorandum of Lease Agreement and Lease Supplement No.2 - 3. Invoice for recording fees advanced We had forwarded the enclosed documems to our Wilmington.NC office to handle the recording but the person responsible to complete this task Icft the company ,After numerous requests for state;,the documents were located and forwarded for mcording. I apologize for the delay,and any inconvenience this may have caused you. Do not hesitate to contact me should you have t1ne::tioi:s on the enclosed documents or if I can be lit assistance. 1'han4:you. fSam f�oSendncr � 1 Senior Closing Coordinator Pb one i e t P r \ ,v IiII48IIINa�II�I'IliJi!Ili�li li�llf 20060i748764 FOR 10 CI'"NTI Ory REC[SgF 0= UFEUS RESECC R SMI;N NEL HRNO'JF.fl GOU:ITY, NC 2536 Rx 28 04:20:34 pN 8X271 PG:4408-1415 FEE:$32 00 .`ncary+Lax Insurance Coinpany ��J�1Bi� Etti'1 1ai48iB4 .C'eJ b FJU H'i 6Vxv1.Svrta a390 Jinr]2YF';,MH SS•up Robins, Kaplan, Miller& Ciresi L.L.P. 2800 LaSalle Plaza 800 LaSalle Avenue . Minneapolis, Minnesota 55402-2015 Attn: David L. Mitchell STATE OF NORTH CAROLINA TERMINATION OF MEMORANDUM OF COUNTY OF NEW HANOVER LEASE,AGREEMENT AND LEASE SUPPLEMENT NO. 2 THIS TERMINATION OF MEMORANDUM OF LFASC;AGREFMENT AND LEASE ; SUPPLEMENT NO,2 is entered into as of the 4th day of May 2005 by and between WELLS FARGO BANK NORTHWEST,NATIONAL ASSOCIATION(formerly First Security Bank, National Association),a national banking association,as Owner Trustec under the Price Tag Realty Trast 2001.1 (the "Lessor')and BEST BUY STORES,L.P.dlbla BI'.S'r BUY STORES, LIh11TEiD PARFNFRSHIP,a Virginin limited partnurship(the"Lessee"). WITNESSETid: 1. The Lessor and the Lessee entered into an Lease Agreement dated as of January 31,2001 for that certain land more paniculurly described on Exhibit A (the"Land"),a Memorandum of Lease Agreetent and Lease Supplement No. 2 of which was dated as of February Co. 2001 nnd.recorded as Instrument \umber 200100483.1 in Book 2882, Page 1943 of the New Ilanover County.North Carolina Register of Deeds (the '`Le tse"). 2. The Lessor the Lessee have previously arrced to terminate the Lease with respect torke Land and.desire to enter into the; termination to.pr:,vidc record notice of such termination. ('IiAR CAIr' H ! x NOW,THEUFORE, for and in consideration of One Dollar($I.010)paid by each party to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that said Lease has been terminated, and is now null and void and of no further force and effect, This instrument may be executed in counterparts, each of which shall be deemed to be an original, but all of which,shall constitute one and the same instrument. [remainder of page intentionally left blank] l 1 nUeiu i ewe t 1 IN WITNESS WHEREOF, the Lessor and the Lessee have executed these presents under the seal, all as of the day and year first above written. WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION(formerly First Security Bank,National Association), as Owner Trustee under the Price Tag Realty Trust 2001-1,as Lessor Name:_ yal:j,-.QCt4 tL.-- Tltic: Ice President BFST B[fY S'rORF.S,L.P. Wa BEST BUY STORES, LMUTED PARTNFRSIIIP, as Lessee BY:BBC Property Co., as general partner Name: Title: i i t MAR b 2 i HAII I'M I WNIkl I STATE OF UTAH COUNTY OF SALT LAKE personally came before me this day and acknowledged that he is aVICE PREgIDFt of Hells Fargo Bank Northwest, National Association(formerly First Security Bank, National Association), a national banking association, as Cwaer Tnistee under the Price Tag Rcalt Trust 2001-1 and that lie, as a /ICE PRESIDENT y being duly authorized to do so, exe:;uted the foregoing on behalf of the national banking association. _ Witness my hand and official seal this thu'LI t t ) day of (i�� 2005. Notary Public My Commission Expires: [it bj II (Notary Seal) i i HAfl 11tii 096,] t 4 I I: t M WITNESS WHEREOF,the Lessor and the Lessee have executed these presents under the seal, all as oFthe day and year first above written. WELLS FARGO BANK NORTHWEST. NATIONAL ASSOCIATION (formerly First Security Bank, National Association),as Owner Trustee under the Price Tag Realty Trust 2001-1, as Lessor By. :Name: Title: i----�- BEST BUY STORES, L.P. d/bla BEST BUY STORES,LIMITED PARTNERSHIP, as Lessee BY: BBC Property �Co.,as general partner j ,Jame: Title:,, 7 S"I'ATE Of{vFA E35'F C>-, ,.,�.o f.. COUNTY OHittthrttf,d certify that �pu �,u,.Q ) personally came before me this day and acknowledged that (s)he is the _ UP of BBC Property Co., a Minnesota corporation and the general partner of.Best Bury Mores, L.P. d/b/a Best Buy Stores, Limited Partnership, a Virginia limited partnership, and that(s)he,as the :_.. _being duly authorized to do so,executed the foregoing on behalf ol'said corporation and limited partnership. 61'an.ss my hand and official seal this the a day of , 2005. Notary Pubia� My Commission Expires: t.o -rb•O� (Notary Seal) spa J.sc wba e c4'l, Ab Cam Mil DW204M Aan E.W.wec.hvK 00,2007 fflr1R:-;1�44;v2 { [i f 37t a E�XHTBIT A Lying and being situate in Now Hanover County, North Carolina, and more particularly described as follows: All of Lot 2 as shown upon 0ta[map entitled"Map of Division of.lhe TF College and New Centers Tract'recorded in the New Hanover.County Registry in Map Book 40, Page 263. j caanrer.:w: i � E i•cY. r�•• X � � 1 Ott .R REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 .................... ...... . ....». .,.............,.,..,,,»,,.,,,. ............... »..... Filed For Registration: 0 8/2812 006 04:20:34 PM Book: RE 5071 Page: 1408.1415 Document No.: 2006048784 TERM 8 PGS $32.00 1 Recorder: CRESWELL,ANDREA State of North Carolina, County of New Hanover �4\ Record of Poor Ouality Due To Conditions of Original Document GS i01-14 YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. 2006048784 yi I e Az�d trn4- j 4 4 a {i t Ill!"200604g048'Ilylll il'IlNit<I !'l1�i1111�11d 783 FOR PEG I STRnTION REGISTER W DEEDS RF.aECM , SNItH NEW IIRNOV R MD TY, NC 2CO6 AUG 28 04 20,34 P4 BUN: PGAG13-1407 EEE.$23.Gt1 ChoagO I.da Insu:arvJR Eompany 1422 s:7<r,rO susel. 3u;W 3250 .�^r.Roqu�%c,AiN 33a02 iIYJRUI7G)!T � iC0EC98]83 -To:— Robins,Kaplan,Miller&Ciresi L.L.P. 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis,.Minnesota 55402-2015 Ann: David L. Mitchell STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RELEASE OF DEED OF TRUSP,ASSIGNMENT OF LEASES,SECURITY AGREEMENT AND FINANCING STATEMENT KNOW ALI, MEN BY THE-SR: PRESENTS, that WACHOVIA BANK, NATIONAL ASSOCIATION (formerly First Union National Bank), a national banking association. as Agent (the."Agent"), organized and existing uuJe: the laws of the United States, as owner and holder of that certain Deed of Trust, Assignmcnt of leases, Security Agreement and financing Statement dated as of February 9, 200!. executed by WELLS FARGO BANK 'NORTHWEST, NATIONAL ASSOCIATION (formerly First Security Rank, National Association), a national banking association, not individually but solely as O%�ner Trustee under the Price Tag Rcalty'fnlst 2001-1 and by BEST BUY STORES, L.P. d/b/a BEST BUY .STORES, LIMITED PARTNERSHIP,a Virginia limited partnership, recorded in F3,,ok 2S82, Page 1923 with, the,New Hanover County, North Carolina Register of Dccds (the "D ed of Trust"), loLcther .with l.ca Slnxcire- Johnson, t:s Trustee, herchy nacas,. the property ertcurnbered thereby and more particularly described on Exhibit A attached to the Deed of Tnlst, from the lien anJ operation of said Deed Ot Trust,this 4tlt day of May,'-003, RETURN TO CI?Va 161Uuy.,, ti 4 t IN WITNESS WHEREOF the above named holder and owner of the described Deed of Trust and the Trustee have caused these.presents to be executed under seal and attested by its duly authorized officer as of the date first above written. WACHOVIA.BANK,NATIONAL ASSOCIATION (formerly First Union National Bank), as Agent By:— Name:— EVANDER S. VES, JR. T'itic: _ D1R OR Lca Strofrure Johnson,Trustee 1 t'h\R IU10911r) i A t t STATE OP NORTH CAROLINA COUNTY OF NIECKLENBURG T, t>•.r.r•ei+� rV;o.s.V certifytha[` „r:,:i�, >. ,:.. :Lpersonally cane before me this day and acknowledged that he is a F, ,— _ of Wachovia Bank,National Association (formerly Firm Union National Bank),as Agent,and thatbi /she, as a _being duly authorized to do so,executed the foregoing on behalf of the national banking association. Witness my hand and official seal this the_ ___day of April,2005. 'Notary Public My Commission Expires: p:FiCIAI.SEAL •� -� � —�� NOL.ry Pcbl:n.NOrth Carolina SBRIEIIE kL GR4VERMAN I `acklela;u)g Count.N.G. (Notary\ ry Sea]) My C:.. i:M Expires April 28, 2007 j i rjMCIAL SEAT. Notary NOW,EarM � pABR!ELLE LLE L4 BRAYERMAN mockler&rg county,N.C. My Co::rm,ssion Expiro5 Apt 28,2007 i n { i r i I' I I I i ill.�a:'di WNv3 't STATE OF NORTH CAROLINA COUNTY OF MECKLEN- BURG certify that Lea Stromire Johnson,as Trustee, executed the foregoing instrument. Witness my hand and official seat this the 2-nd day of May,2005, �t� � . Notary Publ c My Commission Expires: (Notary Seal) „aump. A, IYFo� %%OTa,�, 4 r fir, MAR 18 2014 CHAP IV 1011712 i E t Eft C ®� ?R +�� REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 .................................... . . ........ ..................... .,.... ... .,»....... ....,... Filed For Registration: 08/28/2006 04:20:34 PM Book: RE 5071 Page: 1403-1407 i Document No,: 2006048783 REL 5 PGS $23.00 Recorder: CRESWELL,ANDREA State of North Carolina,County of New Hanover Aecdrd•o�F't>a'Q+,ai��y nQb)To `-'Co'ndrlTons 9F'UharPt@?oca,ontnt GSt`85i4{4 YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT, PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. ' 20060 = g 2006048783 I = MEMORANDUM DATE: October 5, 2005 TO: kf78—Wilmington, NC l cc: Lease File Legal Book Property Management David Mitchell (RKMC) Sheila Colgan (Treasury Dept.) FROM: Denise Heinbuch SUBJECT: Synthetic Lease Program' Price Tag Realty Trust 2001-1 (the "Trust") Matter: termination of synthetic lease program; substitution of trustee On May 4, 2005, the synthetic lease program instituted by Bast Buy's accounting department was terminated. (David Mitchell at the Robins Kaplan law firm handled the transaction.) Coincident with this termination, the underlying debt was paid, the mortgages/deeds of trust on the captioned properties were satisfied or released and the beneficial ownership interests in the Trust were assigned to Best Buy Stores, L.P. A decision was made at the time that, rather than deeding all the properties out of the Trust to Best Buy Stores, L.P., to leave title in the name of the Trust to avoid paying transfer taxes, etc- It was subsequently decided that in order to avoid paying Wells Fargo fees to continue to act as the trustee of the Trust, a new trustee (Best Buy Enterprise Services, Inc.) would be appointed to serve in the place of Wells Fargo. A copy of the paperwork is attached hereto for reference. Therefore. with respect to any transaction involving any of the properties listed above, the following should be used for referencing ownership: Best Buy Enterprise Services, Inc., a Minnesota corporation, not individually but solely as the Owner Trustee under the Price Tag Realty Trust 2001-1 And the signature block would be: Best Buy Enterprise Services, Inc., a Minnesota corporation, not individually but solely as the Owner Trustee under the Price Tag Realty Trust 2001-1 By: Name:�_. Title: — Date: v.•inP\GOr6b!1S.CbREtI E$U\l2.?GYP.../Lx,esrona...x.,py,isc,Slnrnenr.Lean"VncnT:9�Up,p•a'r,r.*Y!=x Page 1 ANIENDNLENT NO. 1 1'0 '1'RUS1'AGILEEMEN'1' This Amendment No. I to Trust Agreement is entered inio as of September 30, 2005 (the "Effective Dale'D, by and among BEST BUY STORES, L.P., a Virginia limited partnership ("Stores, L.P."); BEST BUY EN"fERPRISF. SERVICES, INC. ("Enterprise Services'); and WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, a_ national banking association, not individually but solely as the "Owner Trustee" under the Price Tag Realty Trust 200 1-1 ("Wells Fargo'? RF.CITAI S ReCercnce is made to that cenain Trust Agreement dated as of January 31, 2001 (the "Trust Agreement"), among Wells Fargo, as Owner Trustee, and certain banks and other financial institutions as the Holders (as defined in the Trust Agreement) of the beneficial interests in the trusts created pursuant to the Trust Agreement. . Pursuant to that certain Termination and Assignment,Agreement dated as of May d, 2005, nniong Wells Fargo, as Owner Trustee, the original Holders, Stores, L.P. and other parties (the ".Termination and A.ssinmena"), among other things, Stores, L.P. acquired all of the right, title and interest of each of the Holders in the Holder Certificates and tire Trust. A true and correct copy of the Termination and Assignment is attached hereto and made a part hereof as Exhib:f A. The parties to this AmendmentNo. I desire to amend the Trust Agreement in certain respects to reflect the resignation of Wells Fargo as the Owner Trustee and the appointment of Enterprise Services as the successor Trustee pursuant to the terms of the Trust Agreement. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Trust Agreement. NOW THERFFORE, the parties agree as follows: l;orn and ."ter the Date, all ,et,;;ences ill hc ',as, Agreement and this Aolendmenl No. I to the "'Trust Arreerncnt" or the "Agreement" shall be deemed to mean the Trust Ag.rcemazt,as amen-od by this Amendment No. 1. - ? W"A!5 Far-o hereby resists as the Owner Trustee under dhc Trust f greurnent. Wells argo hereby nsr'gns nrd delivers to F.n:urprise Services, all of the estate, properties, tights, puwers, duties and gusts of\Veils Fargo as the original Owner Trustee under the Trust Agreement. Best Buy Stores, L:P, hcrehy appoints Lntc prise Semces to fret as the successor i ll6ie2 widcr must :•lgt'ecment and by execution hereof, Enterprise Service., hereby accepts suc❑ :pl• int...cn! ..ud all of the spcldc. ngh' per.crs, dwis, and nus,.. .undcr tL•c. Tr::st !,erecntent ,vith like effect as iforiginaliv named as Owner Trustee under the Trust ,Agrecment. 5. The Trust Agreement is amended by deleting section 9.1(c). 6. Except as specifically amended by the Tctinination and Assignment and this Amendment No. 1,all of the terms and conditions of the Trust Agreement shall continue in full force and effect as originally vrrAlen. 1N W I`fivESS WHEREOF, the parties hereto have caused this Amendment No. 1 to TnFst Agreement pective officers hereunto duly authorized, as of the date set forth tv be duly executed by their res above. BEST BUY STORES, L.P. By: BBC Property Co.,as general partner fL - By: Name: PatrickR. MatTe Title:Vice President BEST BUY FNTERPRISE SERVICES, INC, By� Name:Tarni A. Kozikowsk' Title: Sr. Vice President WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION (f/k/a First Security Bank,National Association), not individually, except as cx ressly stated herein, but solely as t tc 0.11 cr- rustce under ncc Price Tag ReXyTnist 001-1 By:-- - ---- --- 9!3i:%n5 4. Th:: parties to this Amendment No. I hereby acknowledge the other truti:artiim5 sct .forth in Tmnination anci Assi,nmcm. 5. The Trust ,Agreement is amended by deleting section 9.1((;). G. Except as spccificall,,' amended by the Termination and Assignment and this Amendment No. 1, all of the terns and conditions of the"Trust Ageement shall continue in full force mtd effect as originally writicn- 1'q WITNESS WHEREOF, the parties hereto have caused this Ainendmant No. I to Ttvst Agrcarncm to be duly executed by their respective officers hc-reunto duly authorized, as of the date set forth above. BEST BUY STORF,S, L-P. By: BBC Property Co., as general partner Name: "fitic: --�— — BEST BUY ENTERPRISE SERVICES,INC. B v: ( / Name: _ Title: — WELLS PARGO BANKNOltiFTWk.S7 "'ATIONAL ASSOCIATION( IJa First Security Llanl:, :National Association), nut individually, cxC::pt as cnpressly stated herein, but solely as the Gwncr Tn;stcc under :'rc. Prwc'hag Rea1ty'fmst 2001-1 E>y:_---_� Title` 'llCc`C$'t.?�1cnt -- -- STATE OF UTAH § COUNTY OF SALT LAKE § The foregoing instrument was acknowledged before me this day of,; _6_, 2005 by �i -r.uaty-+ as tnrtPi4tcir of Wells Fargo Bank Northwest, National Association�tonnerly First Security Bank,National Association), a national b an.kin associatio ner Tntstce under the Price Tag Realty Trust2001-1, on behalf of h national il ing asso Nc tary: -DbRFEE [NOTARIAL SEAL] Pn ed Name: Notary State of H— �_---y v TARYP BL1C ELIZA .DURFEE 299 South Main Street,121h Fir San Lake City.UT 81111 Nr Coyy 5lskn E.pres Nov.22.2JO1l MY?liJ'_Gl±.I 9f�(r'Di STATE OF IAI lNPSOTA § COUNTY OF HENNEPIN § The foregoing instnment was acknowledged before me this P day of October, 2005 by Patrick R. Matre, the Vice President of BBC Property Co., a Minnesota corporation, as general partner of Best Buy Stoics, I,-P., a Virginia lirnited partnetshtip; on bchalfof the limited ' pa tticrship. Notary: W(�L�.� ✓� [NOTARIAL SEAL.] Printed `'anlc: Denise K. Hembuch Notary Public, State of Minnesota DEN6F K HEI IDUGN ;f NOTAiry rJ!y.i^.-MrntE£:.T1 ♦yq OM1F.DiA e('A1NiY 1 f\:4 ,MY CCM.IMIESKIN k%V:R=$1.11.10� ST.ATG Oh YllNNESOTA COUNTY OF HENNEPIN § The foregoing inslnnnent was acknowledged before me this 3rd day of October, 2005 by Tarni A.Kozikowski, the Sr. Vice President of Best Buy Enterprise Services, Inc., a Minnesota corporation,on behalf of the corporation. Notnry:_L_ A A A [NOTA,RJAL SEAL;) Printed ITati fie: Denise K. Iieinbuch Notary Public, State of Minnesota oENISE K.NEIN9UCN 4 +` µ1T�y"J1.IL-MIYn["A TA Z >- 1 DnKOTA GOUNn � NYGGV'AISi'AV E%ViPF.5+31n0 ,Ci^ 1S22514.1 !irp'6i TERMINATION AND A;SSfC m[ENP ACRE l4i> NT lhts TERMINATION AND ASSIGNME T AGREEI,'TENP (the Termination Agreement ') is entered into "is of May 4 2005;.by and'.ani BFST BTJY STORES LP., a Virginia hrmteti parts rthip (the 'Lessoe HEST BUY Co., INC (the "Guarantor''); Vm- _IS FARGO BANFC"NOR1fT4WES7; NATIONAL t1SSOCIAT70N, a national banking association, ncx indtviijrioly=but.solely as the Owner Trustee.:under the'.Pnce Tag Realty Trust 20p1-1 (the °wee"r the banks which are parties t� the Pariwpation.r�gteetnent as holders of Bert ficates rssuetl w th respect to the Price Tag Realty fn st 2001 .1 (ndtwdgally a 'Hoidei` and collectively i'1he 'Boldcrs ;and as lenders;Ifindiyally, a "Lender and collecttdd.y, .the "Lenders ) rutd WACHOVIA.BANK; NAITONITL ASSOCIATION (as succcssdf m interestto Frrst'Umon'Nauooal Bank); a+national banking associauon, as agent for the Lenders and the Secured Parties'{Ute"Aeent;�., WITNESSI;TII: tiVMREAb,:ihi min s Teration Agreementrefers'to the Operative'Agreetnents as defined n Ap^cndtr A to th t certa n Pantei Don Agreement d ed,as of.Jannary 31,2000(as amended, the-"Pa nctoatioritAprcernent")by and among`tfic_partics,to:tt is'Terrnination Agitcinent WiI�R.Fr1S the LEssee has (i)elder6d'to exercise the Puict asq Oppoii with respect to the Eroperves, GOluested, in lieu ofcaustng the:Owner Trustee to transferiits right title and tnterest m the Properties to.'Lessee, that the Holders assign fill of their right,trtlo`and intefest in, to and;u.rdec`dieir respective Holder Certificates'to the Lessce on the Effective.Date.(as defined below) and (iii) requested that the Financing.P-arrics agree to waive certain obligations of the Lessee under the`C jjtfoVe'Agreemchts:oni euinrs and conditions set forth herein; �gIJJEREAS, the Lessee has requested.that upon 'receipt of all amounts required to be paid by the Lessee hertunder:onthe Effective Date;thatthc Financing Parties(i).mlcase the liens in favor,of such Firrutcing Parries created pursuant to the Operuve Agieements, (ii) in the case of the Holders;,assign all of their right, title and interest'in, to and under their respective Holder Certificates to the Lcss ec; and (i:i) tcrrninaurthe Operative Agreements, except as otherwise set forth herein or:therein; and NVHEREAS,.the Financing Parries have agreed to the foregoing requests. NOW, THEREFORE, IN CONSIDERATION of the premises and other good and valuableconsiderdtion, the receipi and sufficieney'of which is acknowledged; the parties hereto agree as follows AGREETYffiN 'S: i. Definitions. Capitalized terms used and not otherwise defined shall have the meanings vveir'therri in Appendix A to the Participation Agreement. The term "i ease Facility" shall refer to the transactions contemplated by the Operative Agreements. ainei��aw� .ry t tin Pr-ovimAns. tioti 2o:l.of the lease: Wavc—' °t " ' uiremem of Sec Pap-ent Date. 3 Pities waive the rul days poor to the.` 1.laon vwith undersigned Financing . d at. least ninety (�� of the Ptirchas' Psuch;data The once h¢ 'dellverem;t'the exetise arale-s of'whetlwr n Plection.N Farfies agree to pe ate regal it ltmttation;all that a the Financing On the Fffective D' cable hies to ocets on such date include with°-and-aP41t cul-then otz, 'transfer props cote made the next Payment Datb respect to the aid on may exercise tllc ent- Date, provided the illd n been p'. that the U ssee is i�ee:to that have accrued bqt vvonld have p;uties agree n causing is a nts that nett Financing nmenc of'( st of ea li of the attounts The under. an ass light, title and'inteic breakage c1. osts. urchasIr of otherwise to allgof the g urcliasing the Ptnp tea �.ppti0n by p assignment of) dircc0y P punch•- o}erwise take an the Trust, rather than putihase °r e {older Certificates and Holsters in th erTnlstee. avoff A_ r*'_ °�t' r c Own Pa •i77cnt:of P From t, on May, «r nment of bolder-Certificates' oilers:and the 1101e .. nci w 3. A.._ es fr)the Pn cot,on behalf,of the,hich Burn meh}J. n 't the.' shall pay to the Ag off Amount"), un and tntetest thereo ,;i ) The.Lessee 123,fi53.55 (the "P rated btu P aid Inter t:.. of 354,. . oelher with . wi;h ^ll 'accrued but pnp = Ield:?heret'n; zoos, tilt s°m Iianche'A a lost' °o to euner ua Iiotd r Y a uruilP is ru?k'on amount of the t Of the Tranelhe B Loans' ;with all acclved 6 the Ffiective Dair yrpouttts principal a"I le Holder ArnOu t toge fenders or other fees and .Holders, • other the any (iii)tthe 09 fees if charg d the by Ovvnef'PNstec, anCosis)and expenses due and tw ved lea e, v1the fees any other ed 'rhePayoff Amourt:cerz If the pvmcn e Facility, A;no supplemental R el to the l Tsons tilted with the �� neiu •• o the Ag•• °"O _ itb the base Fa,'St cti' -on 3 shall be paid by coonecCcit l Pulauant to sas -- i t of thc.�f'.ayoff. by he AS h in Ex_ hlhu Ole Agcnt of its ices p t r'..de�eu amounts set for ra ,,&i shall `•u a d upon the conGllnahp17 bYAssi 'in Ilo1 as. to such deration °C.' ,. h capacity, a ' f;essee without rcco . tnchasbd in c°nsi sue d signed tO ave irrevocably. p.. .F he of t;c "bly sold art ) ° Molder. 0. •. e c ell alltornaticaii' as A.milunt. t° lta�,e irrevx^ shall.w dcc to such Asslgnin6 d obligations ally t "Ind the lessee course r s tyghts an auton;ml polder withoin re tion v,'ith such Assi g 'r101�cG a Assigning Fiolde . cq ,Assigning ' to ea such In coon. d .,filed each in an° eh ase Facility. °r wait my arid and ``s'" a 100,e tit :_•. mw cl to the Le' es no represen.atron f(ecti 'e na.e, cot vv,ih pe D rill] p, Ciltat,ons mak in nt Bolder (•. UI TZ} Necutl°n, ne Trvst each Assigni•'d , statements, wa:Tanties he e. t:nuer orlon, ,A, cement or ass .; r sp.ctto ;[n) O rallVe : ,,L gorecr any .lr,tZnt S 'tv wril`l ' ement en other 17c' t.rtie 11'liji n thereto ass:l' ne ro ponsibii: T A ur " t(.cicnc or value o, .. t aI t n.cs "Ithth na ; y f: mishcd P' . 11 r in ct n c"n nfotceabiiity, gGnu;n n insuvrnent ur ' enintorest being ' g'mes no n� •.tilt}', ' n' iir all, °In r CiOL! I .!p' n ,121T; U "rauve br Created ll7) sv7 of ny suu', Gv` Jthe financial c ,;rpt on ,Iher 4 ti s not n clear "ct to owner �. I l:.S7 [;,..^.I �' 'i' , "'11" ,.... .� hV the �! 1 $ C❑ lntGl ` < i1Zc ` snonslhl'..!j OI pb5CN6rce - ollIvr alltl t'I" aS5ti;7�s n- e [ tFo.,M"'. r ,lSt Ci ,l'Gnient OL .."rt�.11ilL my and or nc� ' Ur Wa,r,a.. r OCn°rlj undftT till. C' hPzto ,e;..Lon ur; other oohgo c ubit: h• I ursuant or _heir resnecn ep; . rra LC OCUlnent r r nbliger of any o n,i,cr insaume;,l c• T siee,0 2ny ..Ve Agreeme°I or any any cillcf Olx ti CIII-HIUIip^^?c4 or thereto; and (iii) has delivered to the Owner Trustee'the Holder Certificate held by it and requested pursuant to.Scction I 1.8 of the Trust Agreement that the Owner Trustee exchange such. Flolder Certificate for a new Holder Certificnie.payable to the Lessee evidencing the assignment and assumption contemplated under this Section 3. From;and after the-Effective Date, (x) except with respect to the.Payoff Amount (which shall be paid`by the Agent to theTersons and in the amounts set forth in Exhibit A , the Owner T So shall make, or caus to be made; al! payinetits in.respect of the Holder Certificates assigned acid asstirn put-suant to this Section 3 (including without limitation payments of ]Solder Advance;Holder Yidd, fees and other amounts)it) thc,l�ssce,,(y) the Lessee.shall bp.a party to die.Trust-Agreementand shall have the rights and obligations of a Holder theieunder and under the other:Operadve Agreements.and shall be bound by the provisions thereof and (z)-each Assigning Holdenshall relinquish its rights and be released from its obligations,under the Trust Agreement and the other Operative Agreements: 4, Pavment Procedure. Payment of the.Payoff Amount in full shall be transferred by.wire,in federal funds,in accordance,with,thefollowing instructions: Bank'Name' Waehovia Baitk,National Association City BcPStatcs Charlotte;North,Carolina A, ARouting No.: 053000219 Account No:: 5000000027M Ref.; Pike Tag Realty Trust 2001•l Attention: Angela Abessinio Telephone: (704)383-9334 5. Release of Liens. Upon receipt by the Agent of the Payoff'Amount, in good and immediately available Dollars, all of the Liens on the Properties created pursuant to the Operative Agreements shall be'deemed released. b. Dellverx of Release Documents. The Agent is delivering to Chicago Title Insurance-Company, as escrow agent-(the "Escrow Agent"), in escrow, such UCC-3 termination statements and satisfactions of mortgages or deeds of trust executed and notarized by the Agent or Owner Tiustce, as Applicable, to evidence the termination and release of the Security Documents regarding the Lien granted to the Agent in connection with the Lease Facility and otherwise in form and substance acceptable to the Agent (collectively such documents may be reterred to as the "Rcicasc Documcnts'7. The Rclease Documents are to beheld in escrow by the Escrow Agent and released from escrow and delivered to the Lessee or its designee for recordation, as necessary, only upon authorization from the Agent following (a) receipt by the Agerit.of payment in full of the Payoff Amount in accordance with dtc teens and conditions herein and provided none of such amounts has been disgorged or reclaimed, and (b) satisfaction, ofthe conditions precedent set forth herein. Additional information necessary to complete any Rcicasc Documents shall be provided by the Agent, at the Lessce's sole cost and expense, to the Lcssee'upon Lessee's reasonable request therefor if, and to the extent, the .Agent has such information in its possession. GHAFI'l.IC'SM 3 7_ Conditions Precedent. This"termination Agrecrnem shall not become eff6ctive until (a)completion and delivery to the.Agent of. O executed.counterpart signature;pages to this Teiminadon Agreement from the Iessec, the Gua:ntor, the Agent, the Owner Trustee;'each Lender and each Bolder and (ii)all additional documentation and informatiomas'the;Agent or its. legal counsel may request; (b) all proceedings taken in .connection with the transactions coiltcrriplatcd, by this Termination Agreement and all documentation and other.legaL matters j incident thereto are satisfactory to the:Agent and its legal counsel; and(c)receipt by the.gent of the Payoff Amount, The date on which 0 of'the foregoing have been satisfied of expressly w ived by the'parties.hereto in writing may be referred to herein as the "Effective Date". g_ [Intentionally Deleted] 9. fln.tentionallyDeleted) 10. Resignation of the Agent After(a) the.delivery of and recoiding.of thc Releas6 Docur mrs and (b) the Agent completes:its other obligations hiercundcr.' including. without limitation obligations contained in Section 6 hereof, and under the Operative:Agreements;:.but in no every mnir, [hall ninety (90) days after the Ffiective.Date, unless.exterided byahe.Agent dc!;v,crmg written notice to the Owner Trustee and the Lessee of such extension, then tiie A'gert Shall be dacmed to have resigned its capacity as "Agent"pursuant to the 0lxrntivc'Agr=mcnts, and all parties to tfiis Tcrmination Agreement hereby agree that such resignation' shall be auromaticniiy effective at such time with no further action and notwithstanding.any further or additional rctluirement in the Operative Agreements to the contrary,including without limitation, the notice requirement in Section 7.9 of the Credit Agreement; provided,. the Agent shall automatically t?e: reinstated without any further action in the evert such enti y is neoescaryfor the (ui!ctioning or interpretation of Section 11 of ",e Pal-6cipation Agreement or Any other Continuing Obligation (as defined below). 11. Continued Effectiveness or the Ooerntive Apreements. Upon receipt by the. Agent of the Payoff Atnbunt in good and,immediately available'Dollars,and subject to the other provisions of this Section '11, (a) the. obligations of the Lessee 10 the Agent (on behalf of the Lessor) for payment of Rent and the peri'omance of other covenant obligations by the Lessee under the Operative Agreements,.the obligations of the Guarantor to the Financing Parties under Section 613 of the Parlicipation :Agreement, and the obligations of the Owner Trustee to the Agent (on behalf of the Lenders and the Assigning Holders) for repayment of the Notes and Holder Certificates shall be satisfied in full, and (b) except for the Trust ":gie ment and the Holder Certificates in :`avor of tt:e I sscc, uic Opemu ve Agrxtr!en[s shall tcrninatc as of the �.ffect!ve. late. Notwiihstanding the foregoing, the Lxssce, the Gimiantbi and die 0wnet'Trustee (and to die ezte;a !errnS and conditions inthe Operative Agreements arc exprrssly stated to cont:nu- w3 t] ,^-S^err pv d:hrr Persons •:, r !o -aany Uncra6ve A"recaicPr<, Such Shall r - F Y j r o r=`ry) .e,'!rain ohii-aicd fo, cacti and cv:.ry (and are not ieleascd fronn any term, condition, Covenant, indemnity, representation, obligation or other provision similar to any of the foregoing, in any winuh is expicssiy S.Hlc!i iu CVuitauc iriiii ies'icci iv Suci! variy or which j'y' !il'eli u.,7n$ sur:'iVe •,7 YOnd the teiTniilc:iDP. Or i:xplfati0n Of one or Imo m cf !llcOperauve Agrecmen's cr payment in full of the Notes for observance or compliance by such party, milli[ ,_ wi;holn li mim^tine, all oblit:tinny pursuant !u Sccticn it of :he p:rrti;:it,ation cnna�vier.,.o 4 % I Agmemen( .(co11ectiv8ly referred to hemin'as the"Continuing Obligations"). Notwithstanding any other provision herein,,Lessee hereby rcaff;ms its obligations pursuant to Section 11 of the Partieipution.Agmerrient:and each other Continuing Obligation and`the Guarantor reaffirms its obligations under Sccrion,6B of the Participation-Agreement with respect to-anysuch Continuing. Obligations of;the Lessee. 12. Direction to Owner Trustee. The Agent, the Lenders and the Holders hereby instruct the Owner Trustee to enter into this Ttattimbon Agreement and such other documents necessary to effectuate the intent of this Termination Agreement, including without limitation executing and delivering the Release Documents.contemplatedherein. L3. Miscellaneous. .(a) Severability: Any provision of this Termination .Agreement that is prohibited or unenforceablc in,any jurisdiction shall,as:to suchju-risdic6on, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining proyisio ns hereof, and any such prohibition or unenforceability in-any jurisdiction shall not invalidate or render unenforceable suoh provision in,any other jurisdiction. (b). Counterparts. This Termination .Agreement may be caccuted in any number'.of'counte4mrts; each of which when executed and delivered shall be deemed to be .an original and. it shall. not be pecessary in making proof of this Termination reem Agent to produce or-account for more than one such counterpart. Delivery of tin executed,counterpart by telecopyshall be as-effective as,delivery of.a manually executed counterpart hereto and shall constitute a representation that an original executed. counterpart will be:provided. (c) Headings. The headings of the various articles and sections of this Termination Agreement are for convenience of reference only and shall not modify, define, expand or-limit any of the terms or provisions hereof. Unless otherwise staled, references to Sections made in this Termination Agreement shall be interpreted m references to the applicable Section herein. (d) Fees and Expenses. The Lessees agree to pay or reimburse all reasonable costs and expenses of the Agent and the Owner Trustee in connection with the preparation, execution and delivery of this Termination Agreement and any documents related hereto, including, without limitation, the reasonable fees and expenses of legal counsel'for the Agent. W COVERNINO LAW. THIS T'ER,1,1fNA'I'lON AGREENIENT STLILL BE.GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH,I7iE LAWS OF THE STATE OF NORITfI CAROLINA EXCEPT (A) WITH RESPECT TO THE TRLIS'f AGRE:EM-E Z' W1 fICH SFIALL DE COVERN'FD BY, AND CONSTRUED IN ACCORDANCE- WITH, TlM LAWS OF THE STATE OF UTAH AND (B) TO T-IL EXTE`rr THE LAWS OF A STATE WHERE A PARTICULAR PROPERTY IS LOCAS"ED ARE REQUIRD TO .APPLY. OAF I:11019+•5 5 (f), JUIUSDICTION VENUE AND ARBITRATION. THEPROVISIONS OF THE PARTICIPATION AGREEMENT RELATING TO AM.ONS AND PROCEEDINGS ARE HEREBY INCORPORATED BY REFERENCE HEREIN, NIUTATIS NIUT'ANDIS. (g) Further Assurances,. The provisions of the Participation Agreement relating to further assurances are hereby incorporated by reference herein, artmabs mutandis. (h) Survival of Representations and Warranties. All representations and varrar ues made in this Termination Agreement or any other Operative Agmement shall suryive- the execution and delivery of this Termination Agreement and the other Operative Agreements, and no investigation by any Financing Party'or any elosing•shall affect the representations and warranties or the•right of the Financing Parties to-rely upon them. (i) Termination Agreement. This .Termination Agreement shall not be tenninaied amended, suppienenied, waived, modified or discharged except by an .inswmeni .in writing executed by the party against which enforcemencis,soughLand i.P accordance with Section 114 of_the;Participation Agreement. (j) Strict Construction. The parties hereto have part icipated,joint)yin the negotiation and drafting of this Termination Agreement. In'the„event an ambiguity or question of intent or interpretation arises, this Termination Agreement shall be construed as if drafted iointly by the parties hereto and no presumption or burden of proof shall arise favoring, or disfavoring any party by virtue of the authorship of any provisions of this Termination Agreement. (Signiure pages follow) IN WTINESS WHEREOF, each.party hercto:has caused this Termination and Assigrunent Agreement to be duly exeoutcd and deliv6id by its propel and duly authorizcd officer as of the date first writfea above., CONSjgUCDQN AGENT AND IXSSEE� DESTDUY.STORES,L.P. By: BBC Property Co.,as general partner By- Na c. 0-b J IKOW.gs' -- Titic; 17� (Signat=pages continue) Tm.:mlm np,�n.ru m.tq wsr rrvn 2mi-i e BEST BUY (CEO.,INC. Name: CfAN RJi 5t^ Title: k Vlpstux pages continue) M1 — TRUSTEE AND.LESSOR: V+TELLS FARGO BANKNORI WFST, NATIONAL ASSOCIATION(DWa First Scoiuity Bank,N idonal:Association),no: individually,.except as expressly stated herein,but solely.nthe Owner Trustee. under the Price Tag Realty..Trust.2D01-1 By, ' Name; vqi t'. Title: UFCB FfBsl�etTl: (Signature pages.cominue) Piiu Ty P<elry Trvat]2 Go 1 1 ''i GENT O T L FUUE-a WACHOVIA BANK NATIONAL ASSOC LA iION(as su=ssorin interest to Firs:Union National Bank),as the Agent i ltie• JWw.IJIX .. (Signawe pages continue) I I I I i I Yri;;Ilg Feely Trot:'W I-: � I , WACHOVIA BANK NATIONAL ASSOCIATION(as successor in interest to First Union National Bank),as.a Leadcr Nam,: t ANDER S. JAFq IR _ Title: (Signature pages continue) f I I i I I I[I Dicey � T.q.`u.lry Tr.uu;001-I • g ' THE BANK OF TOKY'D-MMUBJSF9, LID,,C�HHIICAGO BRANCH, as'a Lender Name. � azu9alVf�iS'IIstrtt�"'-- Tide:_ Genera . na6& I (Signature pages continue' Nk,-.m 141 l— T U.S: BANK NATIONAL ASSOCIATION, as Lendcr Name: .;a pe F NJpalimrc Title ^.=ora.ci an (SignaturD:pnges continue) W.I. Vnu A,."..c�;�r.,a i HQMRRS WACHOVIA BANK NATIONAL ASSOCIATION(as successor in atterest to First Union National Bank),as a Holder BY: Name: L✓ANDER S Title: I (Signahrrepages end) I i i ?cniwcn ABamc+l ( fnc]ii 6.v.�Tny iW;.l I Exhibit A [(Payoff Amotmt)] I. AMOUI NITS DUE TO BANKS. Interest & Bank YrincipalOiS Holder Fees (if any) Breakage Totals (Loans and Yield Casts Holder jAdvances) Wachovia $22,483,130.94 $68,842.35 0.00 $22,553,J73.29 Bank The Bank Of $21,471,937.53 $67,790.34 0.00 $22,539,727.87 Tokyo- M tsubishi US':Bank $8 988,775.03 $2711'1;6.14 0.00 S9,4DI5,891.17 Total Amount $53,943,843,50 $163,748.83 $54,107;592.33 Owed to Banks Il. OWNER TRUSTEE FEES Wells Fargo Bnnk Northwest $2,46112 III. AGENT'S COUNSEL. LEGAL FEES &EXPENSES Moore & Van Allen, PLLC $1.3,800.00 IV. TOTAL. PAYOFF A;tMOUN'r $54,123,853.55 cnnzimi�^v: � z FOR RECf 6T AEBECCq RgTIgT1Cwi RE015TER 15TIRN OF DEEDS NEY NgNOT COUNTY, NC alt 2�2 P0�19�011 e2 09 An Me REVENUE STTAMPF$7 ,t10 00 INSTRUMENT a 200100g93161< 00 Excise Tax Recording 7nne,Rook and Page Tax It No Parcel Identifier No pt RO 4920-003-005-000 Verified by County on the day of 19 by Marl after recording to This instrument was prepared by Lloyd S. Elkins, Jr. Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 9th day of February , IN 2001, by and between GRANTOR GRANTEE TF HOLDINGS LIMITED PARTNERSHIP, FIRST SECURITY BANK, NATIONAL a North Carolina limited partnership, ASSOCIATION, AS OWNER TRUSTEE whose mailing address is UNDER THE PRICE TAG REALTY 1202 Eastwood Road, TRUST 2001-1, Wilmington, North Carolina 28403 79 South Main, Suite 300, Salt Lake City, Utah 84111 Eater In approprlelt block for neh party name,addreu,one, II appropnele, ehanoler of entity,e q corporation or partnenhtp. The designation Grantor and Grantee as used herein shall Include said parties, their hems. successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which 1s hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee m.fee simple, all that certain lot or parcel of land situated in the City of Wilmington I Wilmington Township, New Hanover County,North Carolina and more particularly described ns follows All of Lot 2 as shown upon that map entitled "Map of Division of the TF College and New Centre Tract" recorded in the New Hanover County Registry in Map Book 40 at Page 263. Subject, however, to easements of record, Including all of the easements shown upon the above—mentioned map (NB, the private easements shown upon said map are for the use and benefit of both Lot 1 and Lot 2 as shown upon said map). Subject, also, to taxes for the year 2001. RETURNED TO H e is.,s.wc rm,n No l m 1919,aevueE 1911 The property heremabove described was acquired by Grantor by instrument recorded in A map showing the above described property is recorded in Plat Hook page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,has the right to convey the same In fee simple, that title Is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter Stated. Title to the property heremabove described Is subject to the following exceptions IN WITNESS WHURROF, Me reactor be. here.. It m. be..and ..... r it ..pent.,he. au m Ihis attrume.,to h, caned [n ee corpora. orpor .Same Dr IV spur a thmbad officer. and m .eat to be hereunto rfIx" er moat. f Its roam f Director., [ae star a rut I at TF HOLDINGS LIMITED PARTNERSHIP B. .___ / _. (SEAL) (c.rp.nte Nama z D• Webs er Trask, Leneral Partner DY - - - - - -...... 'j--------------------------- Pre.leant = R Ifor G. Teas r., Gener� Partner 1 Lp ATTEST 2 , . .(SEAL) _..— ------------- m tYE het T. Coupland, General Partner N ----------______------------Secret.,(Corpm.'s seal f El ''e, ��aW ,�iryf Noarx cwnousA. ____NeW..HanoYer-----------county 4 I, a Notary Public of the county and snn amn..ld, certify that D,_WehS.teL.Tra$k,_IZLalfSjrd.G. i�•QT�� It•a: _Trask Jr. and Ethel_T.-_Coup_land,-General Partners of_TF-Holding; Tr s re - - Fzi z"? Limited Partnershlp r {.' p\J l✓�,_,; $] be it .pf aar Dar.,e Mi. ear d .clu o rle.11 the taecuxon of the m.cwm9 instrument for and �y y9H �'•_�• ' and and official stamp of. is. .. day.1______ _ _ I639e1 on beha f of said limited [Rrtnershlp.F%jness my" . �'ER CC"p•J mrc.mmba.neapteta SepIgglber_1-@,-_O-0--------- N.Iatr Public SEAL•STANP NORTH CAROLINA. ______ -- .County I, a NmarY Public of the County and Slate aforesaid, eealfy Out - -- -, ya personally came before me this day and scknowledred Chat _be b . Secretary of •' .North catolma corporation.and Met by authority duty = sl.en and .. the .et of the emponnnn, ma m.ermnr instrument war arnee In as mine by Its_______________ e y Preae.m,seam vim a.corporate seal and scanted by -----------a It............................ Secretary D wl[nne my hue and official abmp or na,[nla-------day el...........................19__..____ my comma ton..plfu .. ......... .. _ Notary Public The roeeeelnr Ca[Illule(q of ____ .. . . ---- - - --- .. . . ._..._.... .. .. ... .. WeI tertHied to be cornet This Instrument and this certuna[e are duty nrlstared at the date and Dear and in the Book and Pare .hewn.n Me flnl plea heraof ......................................_---__ ------______naO14TeM1 OF DEEDS FOR---------------.--------------------COUNTY BY -- -------------------- or Deed. N C Say Aa.— V.I.No 1 0 1911,Revlued I'll REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 ♦i Yf lfflffYllt#lfRhff if if Yf llf flfflfflfflft.If 11R1f#iff#fl ffl Yf htRf lff Rlf tRlf#YYf#ifYf#11f#Rf lYf ff#tfflRff Yflf Yff if Y#f1f Filed For Registration. 02/12/2001 11.42 09 AM Book- RE 2882 Page, 1910-1912 Document No.. 2001004831 DEED 3PGS $1000 NC REAL ESTATE EXCISE TAX- $7,514 00 Recorder, JACQUELINE NELSON •Rf YYfff YYf iflfn R11f 1f#RIIYRl1RtR 11R#Iflf flfYYffY#11h111f#Rf1f#11#yRflfff RflfRYlfRYfYf1#Ifi R11RYf R#y1R##ffh#f###f YfY1#fR State of North Carolina, County of New Hanover The foregoing certificate of TINA C ELKINS Notary cert led to b correct. T 2 Hof February 2001 REBECCA T CHRISTIAN , REGISTER OF DEEDS By t Register of Deeds ..Y,......If„..Yffih.f.fl..Rf.RL...f..R.f..y.........f.f....L....Y....,....y..f.....f...#f....f..Y...Rf iif.....f...f. * 2001004831 '� 2001004831 New Hanover County Page I of I I CONTACT US I HELP New Hanover County Owner Add,.. Parini ID Anothaded FIRSTE SECURITY BANK NA 309 COLLEGE RD S CURFEW RECORD Sides r o C.Upol Map Contends5 r - �� t�� sa ka hi a Land :Cu'us map Fmpe�y potted�{ d i°'�v w�( d� V irybu ate �Full Intent 1;EAddrausing, 1'V<iG7 JSl ELT,didelps,into p Aerial Imagerya a, ...r., #.Ongrel P.Snol into Ease map ,. P .. {I 1 •k` t) � Erer �; ,art✓, � � �� IJ� vd� 'r, a. � r G Fy Data Copyright New Hanover County[DISCAnnerl [Prlvaq PSIIqj loyst Updated:AWU 6,2014 Slue Design�pymght 1999-2012 Tyler Tarchniogial All rights reserved http://etax.nhcgov.com/arcgismaps/arcgismapdatalet.aspx?slndex=6&idx=I&LMparent=204/9/2014 New Hanover County Page 1 of 2 PARID:R04920-003-005-000 FIRST SECURITY BANK NA 309 COLLEGE RD S Parcel Alt ID 314705,19.20H 000 Address 309 S COLLEGE RD Unit City 'MLMINGTON Zip code Neighborhood CHBC3 Class COM{'gmmereial Land Use Code 528-Neighdorhood Retail Living Units Acres 7,7264 Zoning RS-REGIONAL BUSINESS Legal Legal Desorption (7.72 ACRES)LOT 2 TF COLLEG 8 NEW CENTRE TRACT DIVISION Tax District WM 1. Owners Owner FIRST SECURITY BANK NA City MINNEAPOLIS State MN Country Zip 55423 THE DATA IS FROM 2013 Sales Sale Date Sale Price Grantee Grantor Book Page Sale Key 13FEB-01 $3,757,000 FIRST SECURITY BANK NA TF HOLDINGS LIMITED PTNRP 2882 1910 127492 2D-JUN-94 $0 TF HOLDINGS LIMITED PTNRP TRASK MABEL DUNN HALL 1783 1251 127491 19-DEC-93 $U TRASK MABEL DUNN H TRASK RAEFORD G 9912 1993 127493 27-FEB-89 $0 TRASK RAIFORD G MABEL DUNN H TRASK RAEFORDG 1447 1217 127450 01JAN41 s0 TRASK RAIFORD0 NOT IN SYSTEM' GOOD 0000 127489 Sale Details 1 of Sale Date 12-FEB-01 Sala Key 127492 Sale once $3,757,000.00 Grantee FIRST SECURITY BANK NA Grantor TF HOLDINGS LIMITED PTNRP Sale Source D-Deed Stamps(Unverified) Book 2882 Page 1910 Sale Validity 0-Qualified Sale Type IMPROVED Sale Flag STE6 Instrument 0 Instrument Type Warranty Deed Ad,Reason Adj.Pries Adj.Amount Commercial Caro 1 Building NumOer 1 Structure Code/Descnption 39-613 Improvment Name Units 1 Year Built 2001 Effective Year Built Grade C, Class C-COM Other Improvements Other Imp Value Total Under ROM 45650 Building Factor 1 Percent Complete % Percent Good 90% Notes http://etax.nhcgov.com/Datalets/PrintDatal et.aspx?pin=R04920-003-005-000&gsp=PROFI... 4/9/2014 New Hanover County Page 2 of 2 Other Feature Details 1 of Cara 1 InUEat Line 1 Area 0 Measurement 1 1 Measurement 160 Identical Units 2 Summary of Interior/Exterior Data Cam Line Number Section From Floor To Floor Area 1 1 1 01 01 45,650 Interior/Exterior Details Card 1 Line Number 1 Section 1 From Floor 01 To Floor 01 Area 45.650 Use Group BE Class Physical Condition G Constriction 5-5 Wall Height 20 Interior Wall 2-2 Air 1-1 Plumbing 0-0 Units Functional Depr. Economic Depr. Summary of All Other Features Cam InVExt Line Area 1 1 0 1 1 0 THE DATA IS FROM 2013 Misc.Improvements Card Desc Year Built Grade Wroth Length Area 1 YL-YL 2001 C 30 1 1 1 PA-PA 2001 C 400 300 120,000 THE DATA IS FROM 2013 Values Year 2013 Total Land $3,475,600 Total Buildings $2,578,500 Appraised Total - $6,054,1 DO MARKET VALUE SHOWN-EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2D13 http://etax.nhcgov.com/Datalets/PrintDatalet.aspx?pin=R04920-003-005-000&gsp=PROF[... 4/9/2014 North Carolina Secretary of State Page 1 of 1 vjO w " North Carolina � _ z Elaine F. Marshall DEPARTMENT OF THE �1 4 Secretary SECRETARY OF STATE PO Box 29622 Raleigh,NC 27626-M2 (919)807-2000 Account Login Register SearchType: Starting With Search Criteria: best buy 4/9/2014 11:38:47 AM Click on the entity name below to view the business profile Entity Name Type Status Formed Online Annual Reports NC BEST BUY CO., INC. BUS Current-Active 1/31/1994 File Report NC Best Buy Inc BUS Multiple 11/2/2001 File Report NC Best Buy Auto, Inc. BUS Multiple 7/19/1985 File Report NC Best Buy Auto Mart, Inc. BUS Auto Dissolve 9/2/1976 File Report NC Best Buy Auto Sales, Inc. BUS Dissolved 9/28/1999 File Report NC Best Buy Auto Sales, Inc. BUS Current-Active 5/22/2007 File Report NC Best Buy Auto Sales of Granite, Inc. BUS Multiple 1/23/2002 File Report NC Best Buy Auto Sales at the Lake, Inc. BUS Current-Active 7/12/2007 File Report NC Best Buy Auto Use Inc BUS Current-Active 6/17/2013 File Report NC BESTBUYBLINDS.NET, INC. BUS Multiple 3/23/2000 File Report NC Best Buy Blinds&Shutters Inc. BUS Suspended 3/10/2005 File Report NC Best Buy Cars LLC LLC I Admin. Dissolved 10/26/2005 File Report NC Best Buy Caskets&Accessories, Inc. BUS Multiple 1/22/2004 File Report NC BESTBUY.COM, INC. BUS Withdrawn by Merger 11/23/19991 File Report NC Bestbuy. Com, LLC LLC Current-Active 7/2/2002 File Report NC Best Buy Direct, LLC LLC Withdrawn 12/30/2004 File Report NC Best Buy Furniture, Inc. BUS Multiple 8/28/1981 File Report NC Best Buy Gov, LLC LLC Current-Active 2/9/2005 File Report NC Best Buy Homes, Inc. BUS Admin. Dissolved 8/29/2001 File Report NC Best Buy Homes of the Albemarle, LLC LLC I Admin, Dissolved 11/21/2006 File Report NC Best Buy Housing Center, Inc BUS Multiple 1/29/2002 File Report NC Best Buy Insurance Agency, Inc. BUS Suspended 7/25/2005 File Report NC Best-buy Insurance Group, Inc. BUS Dissolved 1/31/1984 File Report NC BEST BUY INSURANCE AND REALTY, INC. BUS Multiple 6/26/1996 File Report NC Best Buy Invitations, Inc. BUS Admin. Dissolved 3/9/2010 File Report NC Best Buy Metals, LLC LLC Current-Active 4/5/2013 File Report NC Best Buy Mobile LLC LLC Reserved Name File Report NC Best Buy Mobile World LLC LLC Reserved Name File Report NC Best Buy Motors LLC LLC Dissolved 3/2/2006 1 File Report NC Best Buy OBX Realty, Inc. BUSI Current-Active 3/20/2013 File Report NC lBest Buy Realty Services, LLC JBUSI Admin. Dissolved 11/24/2003 File Report NC Best Buy Savings Service, Inc. Multiple 9/26/1989 File Report NC BestBuys Gas& C-Store, LLC Admin. Dissolved 8/9/2011 File Report NC BEST BUYS MAGAZINE, INC Multiple 8/8/1995 File Report NC Best Buy Stores, Limited Partnership Cancelled 11/9/1995 N/A ® Best Buy Stores, L.P. Cancelled 11/9/1995 N/A NC Best Buy Stores, L.P. Current-Active 12/1/20C4 N/A NC Best Buy Tire 11 Inc. Admin. Dissolved 11/5/1997 File Report NC Best Buy Trims, Inc. Current-Active 1/18/2006 File Report 39 Records Returned. Search Again This website is provided to the public as a part of the Secretary of Stale Knowledge Base (SOSKB) system.Version: 2723 http://www.secretary.state.nc.us/corporations/searchresults.aspx?onlyactive=OFF&Words=... 4/9/2014 r Nelson, Christine From: Nelson, Christine Sent: Thursday, April 10, 2014 2:40 PM To: 'Mat Trowbridge' Subject: RE: College Road - Mylar Wonderful news! I took a look at the new deed and that does help to clarify the relationship between all of these organizations. Page 2 of the application will need to be updated to reflect the connection as best you can. Best Buy Enterprise Services, Inc. will still need a Certificate of Authority to do business in NC. Depending on what is provided to the Secretary of State, documentation demonstrating the president or vice president for Best Buy Enterprise Services, Inc may be needed. If someone other than the VP or P wishes to sign, a letter of authorization will also be needed. I have not been able to catch up with my boss to confirm whether or not a transfer form is necessary. I suspect that since there is a significant change in the ownership and not just a change in the name, that a transfer form will also be needed. http://Portal.ncdenr.org/c/document library/get file?uuid=d2277dff-f8aa-4913-a9a2- fbd740e7d7ce&groupld=38364 The transfer and modification can be done simultaneously. If I can catch her, I will ask the question, but at this point it's probably safest to go ahead and get the form signed. Let me know if there is anything else I can help with! Christine Emoil correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Mat Trowbridge [mailto:mat@curryengineeringgroup.com] Sent: Wednesday, April 09, 2014 5:10 PM To: Nelson, Christine Subject: RE: College Road - Mylar I believe Rob found the signed originals!...he is mailing them back to me. I must have put the originals in the wrong binder. Mat Trowbridge, PE, LEED AP The Curry Engineering Group, PLLC 919.552.0849 (0) 919.552.2043 (F) 919.909.3879 (C) From: Nelson, Christine [mailto:christine.nelsonCalncdenr.00v] Sent: Wednesday, April 09, 2014 3:36 PM To: Mat Trowbridge Subject: RE: College Road - Mylar I couldn't open this either Email subject rom this address is anddence to correspondence to the North Carolina Public Records Law p f 1 and may be disclosed to third parties unless the content is exempt by statute or other regulation. 1 From: Mat Trowbridge [mailto:mat(�)curryengineeringgroup.coml Sent: Wednesday, April 09, 2014 1:21 PM To: Nelson, Christine Subject: Fwd: College Road - Mylar Sent from my iPhone Begin forwarded message: From: Me <alann.mspmamt.com> To: Mat Trowbridge <mat(a)curryenp,.com>, Mat Trowbridge <matncurrvengineerinasroup.com> Subject: Fw: College Road - Mylar Sent via DroidX2 on Verizon WirelessTM -----Original message----- From: "Albee, Christopher" <calbeenfirstam.com> To: Alan Gainsborg <alannmspmgmt.com> Sent: Wed, Apr 9, 2014 16:42:30 GMT+00:00 Subject: RE: College Road - Mylar Chris Albee Assistant Vice President Operations Manager and Counsel First American Title Insurance Company National Commercial Services 201 S. College Street, Suite 1500, Charlotte, NC 28244 Direct: 704-405-3201 From: Alan Gainsborg [mailto:alanr�m spin gmt.coml Sent: Wednesday, April 09, 2014 11:42 AM To: Albee, Christopher Subject: RE: College Road - Mylar How about an un-recorded copy until the recorded one comes back. From: Albee, Christopher [mailto:calbee ci,.firstam.com] Sent: Wednesday, April 09, 2014 11:09 AM To: Alan Gainsborg Cc: kristen n.mspmfmt.com<maillo:kristen n.mspmumt.com> Subject: RE: College Road - Mylar Will send when I have it. Probably later today. 2 Chris Albee Assistant Vice President Operations Manager and Counsel First American Title Insurance Company National Commercial Services 201 S. College Street, Suite 1500, Charlotte,NC 28244 Direct: 704-405-3201 From: Alan Gainsborg [mailto:alanku.mspmL,,mt.com] Sent: Wednesday, April 09, 2014 11:07 AM To: Albee, Christopher Cc: kristen a,mspingmt.com<mailto:kristen(a),mspinttmt.com> Subject: RE: College Road - Mylar Chris: I need a copy of the recorded deed to PH. Do we have one yet? Alan From: Albee, Christopher [mailto:calbeena..firstam.com] Sent: Monday, March 24, 2014 3:33 PM To: Kimberly Cc: Kristenn.MS Pin emt.com<inai Ito:Kristen a.MSPmamt.com>; Alan a MSPmgmt.com<mailto:Alan(a),MSPmgmt.com> Subject: RE: College Road - Mylar Yes, I sent FedEx tracking earlier. Chris Albee Assistant Vice President Operations Manager and Counsel First American Title Insurance Company National Commercial Services 201 S. College Street, Suite 1500, Charlotte,NC 28244 Direct: 704-405-3201 From: Kimberly [mailto:Kimberly a MSPmgmt.com] Sent: Monday, March 24, 2014 3:32 PM To: Albee, Christopher Cc: Kristen(�MSPmkmt.com<mailto:Kristenn.MSPmk;mt.com>; Alan a.MSPmgmt.com<mailto:Alan(d)MSPmgmt.com> Subject: RE: College Road - Mylar Please confirm you are getting this out today. PS: Chris, please notify us in the future if you get something like this, that is not complete. I thought we were ready to close & now will have a delay getting signatures. We didn't follow up either, but help if you are checking also. 3 ' Thanks, Kimberly Hill MSP Enterprises, Inc 3930 Max Place Boynton Beach, FL 33436 561-742-9290 561-742-3540 Fax From: Alan Gainsborg [mailto:alan(a nispmgmt.coin] Sent: Monday, March 24, 2014 11:21 AM To: CAlbee(�FirstAm.com<mailto:CA]bee n.FirstAm.com> Cc: kristen(ainspin�,mt.com<mailto:kristen(0mspingmt.com>; 'Kimberly; robn.a phdevelopers.com<maiIto:rob nphdevelopers.com>; 'Mat Trowbridge' Subject: College Road - Mylar Chris: Please overnight the mylar to Michael Underwood, Michael Underwood & Associates; PA, 102 Cinema Dr., Suite A, Wilmington, NC, 28403. PH - (910) 815-0650. Mat: Please make sure Underwood routes this as quickly as possible. We have a 3/31/14 closing scheduled. Thanks, Alan Sincerely, Alan Gainsborg Construction Manager Office - (561) 742-9290 Fax - (561) 742-3540 Cell - (561) 436-8508 Email - alaiienispmgmt.com<mailto:alannm spin(_*mt.com> This message may contain confidential or proprietary information intended only for the use of the addressee(s) named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message by mistake, please immediately notify us by replying to the message and delete the original message and any copies immediately thereafter. If you received this email as a commercial message and would like to opt out of future commercial 4 messages, please let us know and we will remove you from our distribution list. Thank you.— FAFLD 5 For DENR Use ONLY Reviewer: A� �► Na th Carolina Department of Environment and _fir Natural Resources Submit: MENR Request for Express Permit Review Time: 0 Confirm FILL-IN all the information below and CHECKthe Permit(s)you are requesting for express review. Call and Email the completed form to the Permit Coordinator along with a completed DETAILED narrative site lan PDF/ile and vicini ma same items expected in the application othe acka a of the project location.Please include this lone in the application package. • Asheville Region-Alison Davidson 828-296-4698;aUson.davidsonft-cdenr. of Provided Existing Permits • Fayetteville or Raleigh Region-David Lee 919-791.4203;david.lee@ncdenrgpv related to this Protect • Mooresville&Winston Salem Region-Patrick Grogan 704-235-2107 or patrick.arogan@ncdenr gov SW 8970705 • Washington Region-Lyn Hardison 252-948-3842orImhardison®ncdenrgov SW_ • Wilmington Region-Cameron Weaver 910.796-7303orcameron.weaver@ncdenrgov SW NOTE.Project ap icat'on ceived after 12 noon will be stamped in the following workday. NPDES= �� NPDES Project Name:S iAGE RD. County:NEW HANOVER WQ— Applicant:MAT TROWBRIDGE Company:THE CURRY ENGINEERING GROUP &S_ Address:205 S. FUQUAY AVE City: FUQUAY-VARINA,State:NC Zip:27526-_ E&S Phone:919.552-0849, Fax:__ Email:mat@currvenq.com Other Physical Locatioh:309 S.COLLEGE RD Project Drains into BRADLEY CREEK waters-Water classification SC-HQ W(for classification see- http://portal ncdenr orp/web/wo/ps/csu/classifications) Project Located in CAPE FEAR River Basin. Is project draining to class ORW waters?N,within 1/2mile and draining to class SA waters N or within 1 mile and draining to class HOW waters?N Engineer/Consultant: MAT TROWBRIDGE Company:THE CURRY ENGINEERING GROUP Address:205 S. FUQUAY AVE City:FUQUAY-VARINA,State:NC Zip:27526-_ Phone:919-552-0849, Fax:___, Email:_@ PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE $_ #_JOBS SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑OTHER:_ SECTION TWO: CHECK ONLY THE PROGRAM(S)YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑401 Unit ❑Stream Origin Determination:_#of stream calls-Please attach TOPO map marking the areas in questions ❑Intermittent/Perennial Determination:_#of stream calls-Please attach TOPO map marking the areas in questions ❑401 Water Quality Certification ❑Isolated Wetland(_linear it or_acres) ❑Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ®State Stormwater ❑General ❑SFR, ❑SFR< 1 ac. ❑Bkhd& Bt Rm , [ILow Density ElLow Density-Curb&Gutter _#Curb Outlet Swales P ❑Clear&Grub, ❑ Utility El Other ❑Off-site[ _ (Provide permit#)] ElHigh Density-Detention Pond _#Treatment Systems ®High Density-Infiltration 1 #Trereatment Systems ❑High Density-Bio-Retention _#Treatment Systems ❑High Density-SW Wetlands _#Treatment Systems ®High Density-Other _#Treatment Systems /®MOD:❑Major❑Minor ElPlan Revision ❑Redev. Exclusion SW 8970705(Provide permit a) ❑Coastal Management ❑ Excavation&Fill ❑Bridges&Culverts ❑Upland Development ❑Structures Information P ❑Marina Development El Urban Waterfront ❑Land Quality ❑ Erasion and Sedimentation Control Plan with_acres to be disturbed.(CK q (for DENR use)) SECTION THREE-PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT Ifor both sco in and ex ress meetin re uest Wetlands on Site❑Yes® No Buffer Impacts: ®No❑YES: acre(s) Wetlands Delineation has been completed: ❑Yes❑No Isolated wetland on Pro e US ACOE Approval of Delineation completed:❑Yes❑No P rtY❑Yes®No Received from US ACOE❑Yes El No 404 Application in Process w/US ACOE: ❑Yes ® No Permit Fee S lit for multi le rmits: Check# For DENR use only SUBMITTAL DATES Fee Total Fee Amount S CAMA SUBMITTAL DATES Fee SW(❑HO,❑LID,❑Gen) $ Variance(❑Mal;❑Min) $ LGS $ $ Stream Deter $ NCDENR EXPRESS January 2014 / i ti i 6 i F r6`3�t Ss�d� IN 3§6a o 0 s ' g{1�. Ll y8 b z o 9 The Curry Engineering '"s'"'i:'s�asw, SHOPS AT COLLEGE RD. WILMINGTON, NC c C Group, PLLC %;„;��; �� SUBDIVISION PLAN Weaver, Cameron From: Johnson, Kelly Sent: Tuesday, March 25, 2014 12:36 PM To: mat@curryengineeringgroup.com; Weaver, Cameron Subject: FW: Shops on College & Best Buy Attachments: C-10 Layouti.pdf; Best Buy BUA Summary.xlsx; SSW-Deed-Restrict-HDCOMSD-20091105- DWQ-SPU.doc; (Form D) SSW-Permit-OffSite-Supp-20071002-DWQ-SPU.doc Mat, There is an express option. I have cc'd our Customer Service and Express Coordinator, Cameron Weaver, the contact if you want to go that route. He can provide more information on that program. I know that a new offsite permit through Express is$2K. And, modifying an existing permit is either$2K or$4K depending on the difficulty of the modification. After you talk to Cameron, please let me know which path you want to take (Express or Regular). Cameron can also be reached at 910.796.7303. Cameron, This is two permits. One project is to subdivide SW8 980224 (the Best Buy in Wilmington) to create offsite lots, and the other is to get a new offsite permit for one of the new offsite lots that will be created. The offsite permit will be called "Shops on College". There is an existing wet pond to treat Best Buy, and this project will use permeable pavement to allow a larger surface area for development while not having to increase the size of the existing pond. As an added twist, some of the "Best Buy" BUA will drain onto the offsite permit's permeable pavement which will then drain to the Best Buy pond. It sounds complicated, but I don't think it will actually be that hard. It is just a matter of figuring out the best way to break out the numbers and write up this unusual circumstance in the permit text. This package came in through the regular program recently, and Mat and I have exchanged the emails below. I haven't gone through the data he sent this morning in detail, but I plan to accept it into the regular program for review unless he decides to go Express. Thanks, Kelly From: mat@curryengineeringgroup.com [mailto:mat@curryengineeringgroup.com] Sent: Tuesday, March 25, 2014 11:32 AM To: Johnson, Kelly Subject: RE: Shops on College & Best Buy Kelly, I've attached the following items, that hopefully complete our package to the extent that it can be accepted for review. I've also included responses to your comments in the previous email below. 1.) Subdivision Plan (C-10) 2.) "Best Buy BUA Summary" Spreadsheet. I've included a few notes at the bottom of the spreadsheet to help clarify some of the thought processes used to complete the spreadsheet. I will gladly walk through this with you as well or whoever is ultimately assigned to the review to make sure we are on the same page. 3.) Revised Deed Restrictions and Protective Covenants Form 4.) Revised Offsite Supplement Form I just noticed that your previous email says it could take 30-45 days to receive comments after accepted for approval. Is there anything we can do to expedite this process, such as an "Express Review" option? My client is looking to mobilize in the next couple of weeks in order to meet their contractual obligations to the tenants and I'm afraid that kind of review timeframe could really jeopardize the project. Let me know if there is anything else that you need from me.Thanks again for all your help. 1 Mat Trowbridge, PE, LEED AP The Curry Engineering Group, PLLC 919.552.0849 (0) 919.552.2043 (F) 919.909.3879 (C) From: Johnson, Kelly [mailto:kelly.o.iohnson(alncdenr.00v] Sent: Tuesday, March 25, 2014 7:43 AM To: mat(alcurryenoineeringgrouo.com Subject: RE: Shops on College & Best Buy Just do whatever you think is best. The person who gets assigned to this will just want to be able to see that all of the impervious area on the pieces of the tract add up to the total impervious on the tract and that that total can fit in the pond. There are probably a lot of different ways to do that. KJ From: mat(alcurryengineerinogrouo.com [mailto:mat(alcurryengineeringgrouo.coml Sent: Monday, March 24, 2014 4:24 PM To: Johnson, Kelly Subject: RE: Shops on College & Best Buy This is an existing access easement that we are leaving as is and the impervious area wasn't broken out on the original permit...it is just included in the total onsite impervious area draining to the pond. I can measure it off of aerials and break it out, but I'm a little afraid that may confuse things. Mat Trowbridge, PE, LEED AP The Curry Engineering Group, PLLC 919.552.0849 (0) 919.552.2043 (F) 919.909.3879(C) From: Johnson, Kelly [mailto:kelly p.iohnson(&ncdenr.govl Sent: Monday, March 24, 2014 4:10 PM To: mat(&curryengineeringgrouo.com Subject: RE: Shops on College & Best Buy If the easement is in the pond's drainage area just show how its BUA will be accounted for(to make sure everything fits in the pond).... Lot 1: W sf Lot 2A: X sf Lot 26: Y sf Access Easement: Z sf Total (amount can fit in the pond): W+X+Y+Z sf From: mat(alcurryenoineeringgrouo.com [mailto:mat(&currvengineeringgrouo.com] Sent: Monday, March 24, 2014 4:06 PM To: Johnson, Kelly Subject: RE: Shops on College & Best Buy Oh ok. Yes, that is one of the things I need to clean up. One of those is actually just an access easement and the other is an adjacent lot that is not part of this development. I will email you a revised copy and the rest of the information requested by tomorrow. 2 Thanks, Mat Trowbridge, PE, LEED AP The Curry Engineering Group, PLLC 919.552.0849(0) 919.552.2043 (F) 919.909.3879 (C) From: Johnson, Kelly [mai Ito:kelly.p.iohnson(cbncdenr.govl Sent: Monday, March 24, 2014 4:00 PM To: mat(a)currvengineeringgrouo.com Subject: RE: Shops on College & Best Buy Yes. Just make sure to label each of the lots (there are 2 unlabeled, but that may be what you mean by clean up....) Thanks, KJ From: mat(@currvengineeringgroup.com [mailto:mat(alcurryengineeringgroup.com] Sent: Monday, March 24, 2014 3:58 PM To: Johnson, Kelly Subject: RE: Shops on College & Best Buy Kelly, is the attached plan what you are looking for as far as demonstrating which lot is which? I need to clean it up a little bit, but wanted to make sure I'm on the right track here. Let me know if there is anything else that you need me to add to this. Thanks, Mat Trowbridge, PE, LEED AP The Curry Engineering Group, PLLC 919.552.0849 (0) 919.552.2043 (F) 919.909.3879(C) From: Johnson, Kelly [mailto:kellv.p.iohnson(@ncdenr.QOv] Sent: Friday, March 21, 2014 10:17 AM To: mat(acurryengineeringgroup.com Subject: Shops on College & Best Buy Mat, We received this package, and Georgette asked me to look through it. This is just the completeness review to make sure that we have the paperwork we need. I haven't been assigned to the project. 1.) Permeable Pavement: I know that you are using permeable pavement to reduce the footprint that you have to claim so that you can drain more development to Best Buy's existing BMP. It looks like 9,617sf of Best Buy's impervious area will drain from Best Buy to Shops on College for treatment in permeable pavement. This is tricky because Shops on College then drains offsite to Best Buy's pond. Is this right? We are only treating onsite impervious to the extent needed to avoid increasing the impervious area draining to the existing BMP. 2.) Best Buy Subdivision: We talked recently about the difficulty of creating a detailed set of plans for the existing Best Buy (with the bearing/distance lines on that page etc), and so you can rely on the existing/permitted Best Buy plans to show the whole site/BMP and just submit a close up/detail sheet for the end of the development that is changing. But, I didn't realize that you meant that you didn't have a whole plan 3 sheet showing at least the outline of the Best Buy and the bearing/distance lines of the outparcels that will be, subdivided. If you are going to modify Best Buy to have outparcels we need a plan showing that subdivision. I have attached an example of another similar project that I am working on. This project has a plan of the whole subdivision and all of the lots in it. I then created a table that shows each of the lots on the subdivision plan,the lot number,the offsite permit number, and the impervious information for each offsite lot. All of the allocated impervious area information is recorded with the county, and all of the offsite lots' impervious areas proposed to be built are within the amounts allocate to them by the master permit. Best Buy will be done the same way, it will just have a smaller table. We need to have a plan sheet showing Best Buy's subdivision with the lot numbers labeled on the plan. See attached plan.The impervious area allocation has changed slightly. A revised Deed Restrictions Form has been attached to reflect the updated information as well. a. Here are the data from the deed restrictions submitted: i. Lot 1: 27,683sf ii. Lot 2A: 158,107sf iii. Lot 213: 29,456sf b. Offsite Lot Number: The offsite supplement shows that the outparcel (Shops on College) will be on Lot 2A and will have 29,456sf of impervious area. This doesn't line up with the deed restrictions submitted. (Has this changed since my February letter? It looks like it is the same data?) Revised form attached. c. Allocated Data: Are the three lots' data (27,683; 158,107; and 29,456)the amount of impervious area after permeable pavement credit is taken? Or, are these values before permeable pavement credit is taken? Generally it is the amount of impervious area after permeable pavement credit is taken. The reason I ask is because the offsite permit application shows two drainage areas (34,920+4,153=39,073). The calculations show that this is the total proposed impervious area for the offsite permit(so that part is good). But this leads to two questions:These values have been revised as reflected in attached spreadsheet and Forms. The new values represent the impervious area after permeable pavement and adjacent BUA credit is taken. i. 39,073sf is going to be built, but the calcs show that 630sf is claimed? Since 630sf is not 25%of 39,073 1 think that you may be taking 25%of some portion of 39,073 but I don't see that in the calcs so I am not sure how that is broken down...The 6305f represents the adjacent BUA that must be treated by the pervious concrete as that is the amount in which the outparcel is over the allotted impervious. The actual BUA to the pervious concrete is greater than this. ii. How does 39,073 relate back to the three lots' data (27,683; 158,107; and 29,456)? If you are using permeable pavement to target a given value for both the Best Buy lot and the offsite Shops on College Lot we need to see a breakdown of how that works. The amount proposed for the offsite lot (after permeable pavement credit) needs to match one of the lots' allocated impervious area values from the deed restrictions. (It could be less than the amount of impervious area from the deed restrictions, but just FYI, it is easier for you long term not to do that. Go ahead and claim "future' impervious area in the table on the application in order to max out the amount proposed on an offsite lot so that it matches the amount allocated by the master permit exactly. It makes things a lot less confusing down the road if your client wants to add a sidewalk or a dumpster or something because the numbers will line up and you can easily demonstrate that the dumpster will fit into what you have already designed.) I have attached a spreadsheet that I cut/pasted from another project I was working on tried to adapt it to your situation which may help you total up your impervious areas (before and after PP credit) for your various drainage areas. If you enter data into the yellow cells, the clear ones will auto-calc. I also left in the "adjacent area"section because I don't know if you are using that for your design or not. (I don't think you are...) See attached "Best Buy BUA Summary" spreadsheet. I believe this will clarify. The drainage area and impervious area from Lot 1 are all included in the "Best Buy" column to match up with previous permit(SW8-970705) 4 I Kiaven't looked at any of the other parts of the permit (the signatures,the deeds etc). I just focused on the big picture. I need to understand this submittal a little bit better before we can accept the package for review because, if not,when it gets assigned to someone they will ask you these questions in the first round of add infos 30-45 days from now and your permit will take forever to get out. And, since we are limited in the number of add infos that we are allowed to issue for a single permit before we return the package you would also run the risk of having the project returned at a later date if you don't go ahead and get this straightened out before it is accepted. If a package is returned after we accept it you don't get the fee back and you have to come back in and start the clock over from the beginning. So,you definitely want to avoid that. But at this point I can do two things because it has not been accepted. If this will take more than a few days to get back in (say be COB Tues 3/25),then I will go ahead and return it. If you think that these changes can be done fairly quickly, then I will hold on to it until Wednesday morning. What do you think would be best? Thanks, Kelly 1<-'eUW0hvusovu Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 s Completeness Review Checklist Project Name: f ry-t 1 Uy) Received Date: $ Project Location: 7L(Y1 ! N N Co \ Accepted Date: i Rule(s) 2008 Coastal 1995 Coastal ®Phase II (WiRO ) ' ®Universal ®1988 Coastal Type of Permit: New or Mod or PR Existing it ( o or PR): G( jp� OS ®PE Cert on File? Perm M Density: HD or LD Type: Commercial or Residential NCG: %: (%OK?) Stream Class: ®SA Map Offsite to SW8 Subdivided?-Subdty-ision or Singl--W DRW7vlap lkempt Paperwork Emailed Engineer on: ®Supplement(s) (1 original per BMP) BMP Type(s): �ransiex �SUbd�J doh Rd�pa r m Ca\re {p itndoc2 0&M with correct/original signatures (1 original per BMP except Ls/VFs and swales) BUR 56 W ill 1'l0+ h0.v-e TO 9 VAV Enc15 tIVIG /QUIcT ®Application with correct/original signatures ®Deed %mg V ®Corp or LLC: Sip. Auth. per SoS or letter ®Email Address: Design Engineer 0$505 (within 6mo) ®Email Address: Owner ®Soils Report with SHWT Note to Reviewer: a ®Calculations (signed/sealed) ©(�`1ftY �yv\tLA-a �SSh"PS C0t12t{Q No obvious errors P"V ij S 3a)v n �_�""1E� 1.� TanS�e M1fl2chC Q �'desE ®Density includes common areas,etc �� Q��Ai1012 ( \R )Xzz ®Deed Restrictions, if subdivided: ®Signed & Notarized ®Correct Template(Comm/Res& HD/LD) or Dec. Covenants & Rest. Plans 2 Sets ®Details(roads, cul-de-sacs,curbs, sidewalks, BMPs, Buildings,etc) ®Grading ®Wetlands: Delineated or No Wetlands ®Vicinity Map ®Layout(proposed BUA dimensions) ®Legend ®DA Maps ®Project Boundaries Infiltration Wet Pond Offsite Soils Report ®Soils Report ®PE Cert for Master Lot#: SHWT: SHWT: ®Deed Rest for Master ®Lot#Matches Master Bottom: ®PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA(sf) DA (sf) PP (el) SHWT(el) Depth (ft) SA(sf) �e NC®ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Pat McCrory,Governor Director John E. Skvaria, III, Secretary February 20, 2014 Ms. Cara Helper Best Buy Enterprise Services, Inc. 7601 Penn Avenue South Richfield, MN 55423 Ms. Kimberly Hill PHD @ College, LLC 3930 Max PI. Boynton Beach, FL 33436 Subject:APPLICATION RETURNS, TWO PROJECTS Best Buy(SW8 970705) New Offsite Permit to SW8 970705, Shops at College Rd New Hanover County Dear Ms. Helper and Ms. Hill: On February 18,2014, the Division received a incomplete State Stormwater Management Applications for the projects listed above. The applications and check numbers 1005 and 1006,each in the amount of$505 are being returned because the application packages lacked the necessary elements to accept it for review. Please provide the following information upon the next submittal of this application package: 1.) SW8 970705, Best Buy: a. Transfer: Please submit the ownership transfer package to transfer it from the current permittee, BBC Property Company to the current owner. The Name/Ownership change form is available on our website, http://portal.ncdenr.orq/web/Ir/state-stormwater-forms docs under"miscellaneous". Please include the"required items' listed on the form such as the property deed. Please also ensure that the paperwork is signed by individuals with signature authority for the corporations involved as listed by the NC Secretary of State. b. Permeable Pavement: An O&M was included, but design calculations, a discussion/surface area summary of the credit you are seeking, and plan details are also needed. Please also include any necessary supporting documentation such as boring logs. c. Narrative: Please submit a narrative summarizing the modifications for this project. For instance, is this primarily to subdivide the project or are you also changing BMP designs? 2.) New Permit Number(unassigned), Shops at College Rd (offsite to SW8 970705): The SW8 970705 deed restrictions allocate 158,107sf of impervious to Lot 2A and 29,456sf of impervious to Lot 2B. But other portions of the application package reference the 29,456sf project on Lot 2A. 3.) Both Projects: a. Plans: Please review the Design Checklist under"miscellaneous"on the same website listed above for a list of items that need to be on the plans. For instance, the master plan(SW8 970705) will need to show the bearing and distance lines of each parcel and the new offsite permit will also need the bearing/distances. b. Plan Sets: We received two sets of plans. A set of plans is needed for each permit(four total). When the permits are issued a set will be maintained on file for each permit, and a set will be sent to the permittee for each permit. Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 Phone:(910)796-7215/Fax:(910)350-2004 February 20, 2014 c. Signature Authority: Please also ensure that the paperwork is signed by individuals with signature authority for the corporations involved as listed by the NC Secretary of State. For instance,the NCSoS shows a"problem report"for PHD @ College, LLC. Please provide copies of any necessary signature authority documentation if the NCSoS website is not current or complete, or if an individual with signature authority has delegated authority to another individual. Please visit DWQ's website at http://h2o.enr.state.nc.us/su/bmp_forms.htm to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. If you have any questions, please do not hesitate to call me at(910)796-7331 or email me at kelly.p.johnson@ncdenr.gov. Sincerely, Kelly ohnson Environmental Engineer GDS/kpj: S:\WQS1Stormwater\Permits&Projects\1997\970705 HD\2014 02 retum_app 070705 S:\WQS\Stormwater\Permits&Projects\Application Returns014 02 Shops on College cc: Mat Trowbridge, PE, The Curry Engineering Group, PLLC Wilmington Regional Office Stormwater File Page 2 of 2 Completeness Review Checklist Project Name: ? U'-a Received Date: l,3 r631LJ Project Location: Accepted Date: Rule(s) ®2008 Coastal ®1995 Coastal ®Phase II (WiRO ) ®Universal ®1988 Coastal Type of Permit: New or Mod or PR Existing Permit# Mod r PR): G 0 PE Cert on File? Density: HD or LD Type: Com erd I or. Residential NCG: %: _®(%OK?) Stream Class: ®SA Map ®Offsite to SW8 SaW vided?-5ubbdivisi�n o�SI�La� DRW7v1 E�entp Paperwork Emailed Engineer on: ®Supplement(s) (1 original per BMP) BMP Type(s): O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) ®Application with correct/original signatures e5E]Deed Corp or LLC: Sig.Auth. per SoS or letter ®Email Address: Design Engineer $505 (within 6moJ ��� ' 1`�J ®Email Address: Owner ®Soils Report with SHWT % Z � � c Note to Reviewer: ®Calculations(signed/sealed) No obvious errors ®Density includes common areas,etc _` \ 63) I O-7 ®Deed Restrictions, if subdivided: V(�7� ®Signed & Notarized = Q�crr�y�e qz�-�re xwq or M irK (0dcc7 ®Correct Template(Comm/Res& HD/LD) or Dec.Covenants& Rest. Lji no Ccl(c< On I � ? Plans 0t5(u5-,eA ®2 Sets ®Details(roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings,etc) ®Grading ®Wetlands: Delineated or No Wetlands ®Vicinity Map ®Layout(proposed BUA dimensions' )` ®Legend ®DA Maps ®Project Boundaries Infiltration Wet Pond A� Offsite Soils Report ®Sails part ®PE Cert for Master Lot#: SHWT: E SHWT: ®Deed Rest for Master ®Lot#Matches Master Bottom: �� PP: BUA Permitted (Master): sf Visited: N BUA Proposed (Offsite): sf Additional information: Permitted Proposed: Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA(sf) C ��1V/7 _g e.t µp ENGIN✓iERING�O� .�C kE GI lVb` TRANSMITTAL FORM FEB 18 2014 TO: Ms. Linda Lewis NCDENR Division of Energy, Mineral&Land Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 SUBJECT: Shops at College Rd. DATE: February 12,2014 SENT BY: Mat Trowbridge, PE CURRY PROJECT NO: 2013-007 We are sending you the following items: COPIES ITEM DESCRIPTION 1 Application Stormwater Management Permit App(Modification to Existing Permit SW8-970705) 1 Application Deed Restrictions and Protective Covenances 1 Application Stormwater Permit App—Off-site Supplement(SW401) 1 Application Stormwater Permit App—Shops at College Rd. 1 Calcs Stormwater Calculations 2 Plans Site Plans Dated 02/11/14 2 Fee $505 Review Fee for Shops at College Rd.and$505 Review Fee for Permit Mod. These are transmitted as checked below: For Information Approved as Noted—Revise and Resubmit x As Requested _ Not Approved—Revise and Resubmit For Review and Comments For Record and File _ For Revision Submittal x For Approval _ For Recording Approved For Signature, then return to: REMARKS: Enclosed is the stormwater submittal package for the Shops at College Rd.for your review.This package includes a modification to an existing stormwater permit and a submittal package for a new stormwater permit. Thanks, GJV.fL`I ENG741 Mat T 19191 552-0849 205 S. Fuquay Avenue F 19 191 552-2.043 Fuquay-Varina, NC 27526 EST, Q:zj N . 10 y CARGVX CThe Curry Engineering Group, PLLC Shops at College Rd. DATE: 2/12/14 309 S. College Rd. PAGE: 1 of 1 Wilmington, NC REVISION: 1 TABLE OF CONTENTS Tab I: Permit Application and Required Forms Tab II: Soils Report Tab III: Drainage Calculations Tab IV: Soils & Topographic Maps Lewis,Linda . From: Lewis,Linda Sent: Monday, November 04, 2013 6:04 PM To: 'mat@curryengineeringgroup.com' Cc: 'Rob Gordon' Subject: RE: Shops at College Rd. Mat-that's good.That will also allow us to update the owner records.The NCSOS revoked the certificate of authority for the current permittee, BBC Property Company, in 2011.The tax records indicate that the First Security Bank, NA in Minneapolis, MN owns the Best Buy. So, before the subdivision can occur, or concurrent with the modified permit application to subdivide the property, the permit would have to be transferred to the new owner first, and then we could accept a request from the new owner to modify the permit.The City may take back the jurisdiction for permitting if the permit has to be modified for a new subdivision. Rob, please let Mat and me know your thoughts on this. It looks like the proposed shops will be going over permitted parking area, so the effect on the pond should be minimal as long as the proposed BUA doesn't exceed the amount of parking already on the tract and any additions to the Best Buy tract that might be needed. The current permitted maximum BUA for the entire drainage area is 215,246 sf. Please note that the Best Buy permit expires in February 2015, so they'll need to submit a renewal application by next August 2014. From: mat@curryengineeringgroup.com [mailto:mat@curryengineeringgroup.com] Sent: Monday, November 04, 2013 5:15 PM To: Lewis,Linda Subject: RE: Shops at College Rd. Sorry Linda, I should have clarified. That subdivision is currently in process. We are waiting on signatures from Best Buy and then we will have the PLAT recorded. Mat Trowbridge, El, LEED AP The Curry Engineering Group, PLLC 919.552.0849 (0) 919.552.2043 (F) 919.909.3879 (C) From: Lewis,Linda [mailto:linda.lewisancdenr.govl Sent: Monday, November 04, 2013 4:33 PM To: matPcurryengineeringgroup.com Cc: Rob Gordon Subject: RE: Shops at College Rd. Mat: I'm trying to locate the Best Buy file as I type. I don't remember there being any outparcel designated for that permit. If Best Buy has indeed subdivided the tract without a permit modification, then we'll have to get that permit modified first before we accept an offsite application. I'll do the research and get back to you later. Linda t From: mat(cbcurryengineeringgroup.com [mailto:mat(0)curryengineeringgroup.com] Sent: Monday, November 04, 2013 2:17 PM To: Lewis,Linda Subject: FW: Shops at College Rd. Linda, I would like to discuss this project with you when you have a minute. As Rob noted below, we will be pursuing an off-site stormwater permit for this project.The project drains to an existing pond.We are adding impervious to the site and are proposing treating the added impervious using pervious concrete and thereby will not be impacting the existing stormwater BMP. Does that plan make sense to you?Will we just need to submit an application for an off-site stormwater permit? I've attached the existing permit for your reference. Let me know if you have any questions. Thanks, Mat Trowbridge, El, LEED AP The Curry Engineering Group, PLLC 919.552.0849 (0) 919.552.2043 (F) 919.909.3879 (C) From: Rob Gordon [mailto:Rob.Gordon(alwilmingtonnc.gov] Sent: Friday, November 01, 2013 2:26 PM To: mat@curryengineeringgroup.com Cc: Kathryn Thurston; Derek Pielech Subject: FW: Shops at College Rd. Mat— The basic stormwater requirements for this project are: • Because of the complexities with master permit(Best Buy Pond),The City would prefer your project pursue an offsite permit through DENR for water quality(Linda—let me know if there is a problem with this approach). Issuance of a State permit will be required prior to release of construction by the City. • Any existing impervious area within the parcel area will be assumed to have met the attenuation requirement(by the Best Buy pond) and can be counted as impervious in the predevelopment flow rate calculation • Any net increase in impervious will be subject to the new 25-yr pre/post requirement and must be counted as woods in good condition on the predevelopment calculation. • Post development flows must be attenuated to pre development condition per the guidance above through the use of an on-site stormwater control measure (presumably pervious concrete). • Please submit a completed application, an O&M for the pervious concrete,one copy of calcs and a $1,000 review fee to Engineering for full stormwater review. I received one set of plans from City planning today. I will hold on to this set of plans until receipt of the remainder of the full engineering packet. No additional plans are necessary. Please call or email if you have any questions. Thanks. Robert Gordon, PE Project Engineer City of Wilmington/Engineering (910)341-5856 From: Mat Trowbridge [mailto:mat(iilcur[yeng.com] Sent: Tuesday, October 22, 2013 5:26 PM To: Rob Gordon Subject: Shops at College Rd. 2 Rob, I've attached the site plan for the Shops at College Rd. We have a few things to clean up, but this is substantially complete. Let me know if you have any questions. Depending on how we need to handle permitting, I will follow up with a formal submittal later this week. Thanks, MAT TROWBRIDGE, EI,LEED AP associate CUn)lENGINEERING 205 S.Fuquay Ave. Fuquay-Varina,NC 27526 wk (919)552.0849 fax (919)552.2043 cell (919)909,3879 mat(efturrvenn.com www.currvenn.com 3 New Hanover County Page 1 of l PARID: R04920-003-005-000 FIRST SECURITY BANK NA 309 COLLEGE RD S Parcel Alt ID 314705.19.2086.000 Address 309 S COLLEGE RD Unit City WILMINGTON Zip Code Neighborhood CHBC3 Class COM-Commercial Land Use Code 528-Neighborhood Retail Living Units Acres 7.7264 Zoning RB-REGIONAL BUSINESS Legal Legal Description (7.72 ACRES)LOT 2 TF COLLEG&NEW CENTRE TRACT DIVISION Tax District WM Owners Owner FIRST SECURITY BANK NA City MINNEAPOLIS State MN Country Zip 55423 THE DATA IS FROM 2013 3 (� e yr��l /eve. N�4i /'I,' a-e2�Ulr f /�N sS9Zb Svc- -775 -231& /v2,i1 ox('cc o�-- bA �- http://etax.nhcgov.com/Datalets/PrintDatalet.aspx?pin=RO4920-003-005-000&gsp=PROFI... 11/4/2013 New Hanover County Page 1 of 1 PARID: R04920-003-005-000 FIRST SECURITY BANK NA 309 COLLEGE RD S Sales Sale Date Sale Price Grantee Grantor Book Page Sale Key 12-FEB-01 $3,757,000 FIRST SECURITY BANK NA TF HOLDINGS LIMITED PTNRP 2882 1910 127492 20-JUN-94 $0 TF HOLDINGS LIMITED PTNRP TRASK MABEL DUNN HALL 1783 1251 127491 19-DEC-93 $0 TRASK MABEL DUNN H TRASK RAEFORD G 9912 1993 127493 27-FEB-89 $0 TRASK RAIFORD G MABEL DUNN H TRASK RAEFORD G 1447 1217 127490 01-JAN-01 $0 TRASK RAIFORD G 'NOT IN SYSTEM 0000 0000 127489 Sale Details 1 ors Sale Date 12-FEB-01 Sale Key 127492 Sale Price $3,757,000.00 Grantee FIRST SECURITY BANK NA Grantor TF HOLDINGS LIMITED PTNRP Sale Source D-Deed Stamps(Unverified) Book 2882 Page 1910 Sale Validity Q-Qualified Sale Type IMPROVED Sale Flag STEB Instrument# Instrument Type Warranty Deed Adj.Reason Adj.Price Adj.Amount http://etax.nhcgov.com/Datalets/PrintDatalet.aspx?pin=R04920-003-005-000&gsp=SALE... 11/4/2013 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. BBC PROPERTY CO. (0382520) 150 Fayetteville St., Box 1011 Raleigh, NC 27601 pEPARI)4r�, State of North Carolina Department of the Secretary of State CERTIFICATE OF REVOCATION OF CERTIFICATE OF AUTHORITY I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that the certificate of authority of BBC PROPERTY CO. to transact business in the state of North Carolina has been revoked pursuant to the procedures set forth in N.C.G.S. Section 55-15-31 for failure to file an annual report effective as of the date set forth hereunder. Q@PARTAf T This the 21 st day of July,2011 `•._ ' _ Elaine F. Marshall %may Secretary of State Document Id: C201 1 1 94021 12 1111111111111111 North Carolina Secretary of State Page 1 of 2 North Carollm � yam, r YET' �EF'ARTIVIENT oFTHE `= ri m�N 5 Elaine F. fvfarsha!! 1 Secretary SECRETARY of STATE PO Blm 29022 RatelOL NC 27626-M (U 19>807-MO Account Login Register Date: 11/4/2013 Click here to: View Document Filings I File an Annual Report JPrint a pre-populated Annual Report Form I Amend A Previous Annual Report Corporation Names Name Name Type NC BBC PROPERTY CO. LEGAL Business Corporation Information SOSID: 0382520 Status: Multiple Effective Date: 11/20/1995 Citizenship: FOREIGN State of Inc.: MN Duration: PERPETUAL Registered Agent Agent Name: CT CORPORATION SYSTEM Office Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Mailing Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Principal Office Office Address: 7601 PENN AVENUE S. RICHFIELD MN 55423 Mailing Address: 7601 PENN AVENUE S. RICHFIELD MN 55423 Officers Title: PRESIDENT Name: BRIAN J. DUNN Business Address: 7601 PENN AVENUES. RICHFIELD MN 55423 Title: SECRETARY Name: JOSEPH M. JOYCE Business Address: 7601 PENN AVENUES. RICHFIELD MN 55423 Title: TREASURER Name: RYAN D. ROBINSON Business Address: http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4671781 11/4/2013 North Carolina Secretary of State Page 2 of 2 7601 PENN AVENUE S. RICHFIELD MN 55423 This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB) system.Version: 1926 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=4671781 11/4/2013 � r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2011 Mr. Patrick R. Matre, Vice President BBC Property Company 309 South College Road Wilmington, NC 28403 Subject: Permit Extension, Session Laws 2009-406 and 2010-177 Stormwater Permit#SW8 970705 High Density — Best Buy New Hanover County Dear Mr. Matre: On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-. 177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 970705 which has already expired on February 21, 2011, is now in effect until February 21, 2015. Please resubmit the renewal application and fee at least 180 days prior to February 21, 2015, which would be August 21, 2014. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. If you have any questions, please contact the Division of Water Quality in the Wilmington Regional Office at 910-796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality S:\WQS\STORMWATER\RENEWAL\SL2009-406 2010-177\970705.mar11 cc: Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 1��One Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 1�ortl L,I Carol i n a Internet."w.ncwaterquality.org a a tuff//,, An Equal Opportunity l Affirmative Action Employer ��/!s` L` ,(`� � r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Dee Freeman Governor Director Secretary March 2, 2010 Mr. Patrick R. Matre,V.P. BBC Property Co. 309 South College Road Wilmington, NC 28403 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 970705 Best Buy New Hanover County Dear Mr. Matre: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 970705 to Best Buy for a High Density Project on February 21, 2001. This permit expires on February 21, 2011. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at$505.00. If this is still an active project please complete and submit the enclosed renewal application prior to August 21, 2010. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact David Cox at 910-796-7318. Sincerely, eeoette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures GDS/dwc S:\WQS\Stormwater\Renewal\Requests\2001\970705.mar10 cc: Wilmington Regional Office File Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-2004\Customer Service:1-877-623-6748 NOrthCarOtlna Internet:www.ncwaterquality.org Naturally An Equal Opportunity 1 Affirmative Action Employer �OF \VWq Michael F.Fasley,Governor 0 William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Y Coleen 11.Sullins Director Division of Water Quality May 27, 2008 Mr. Patrick R. Matre, V.P. BBC Property Co. 309 South College Raod Wilmington, NC 28403 Notice of Inspection-NON-COMPLIANCE STATUS Best Buy Stormwater Project No. SW8970705 New Hanover County Dear Mr. Matre: Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on May 16, 2008 to determine compliance with Stormwater Permit Number SW8970705 issued on February 21, 2001. The required actions that are necessary to bring this site into compliance are noted under the Comments section of the report. Please inform this Office in writing within fifteen (15) days of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact David Cox at the Wilmington Regional Office, telephone number (910) 796-7318. Sincerely, Pat C. Durrett Senior Environmental Specialist PCD/encl: S:\WQS\STORMWAT\INSPECT\Pats inspections\SW8970705 cov Itr cc: Wilmington Regional Office NCCarolina North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 29405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.newalereuelity ore Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper �OF W ATF9O Michael F.Easley,Governor �0 William G.Ross Jr.,Secretary cll r North Carolina Departruem of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality May 23, 2007 BBC Property Co., General Partner in Best Buy Limited Partnership c/o P trick R. Matre, V.P. Flying Cloud Dr. Eden Prairie, MN 55344 0 Subject: Stonnwater Permit No. SW8970705 Best Buy New Hanover County Dear Mr. Matre: The Division of Water Quality issued a Coastal Storrnwater Management Permit, Number SW8970705 to BBC Property Co., to serve Best Buy on 8126/1997. This permit will expire on 8/26/2007. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at$420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the perrnittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. . Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed Is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10.000 per day. If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215. Sin y, Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office North Carolina Division of Water Quality Internet. www.ncwateruualitv.ore One 127 Cardinal drive Extension Phone(910)796-7215 NorthCarolina Wilmington,NC 28403 Fax (910)350-2004 atit ally North Carolina Secretary of State Page 1 of' 1 North Carolina lltl - Elaine F. Marshall DEPARTMENT °rr"E Secretary -SECRETARY OF STATE PO Box 29022 Raleinh,NC 27626-0622 (91g),901-2000 CORPORATIONS Date: 8/17/2007 Corporations Home Click here to: Search By Corporate Name View Document Filings I Search For New Corporation Print apre-populated Annual Report Form I Annual Report Count File an Search By Registered Agent. Important Notice Annual Report I Corporations FAQ Corporation Names Homeowners' Association FAQ Tobacco Manufacturers Name Name Type Dissolution Reports NC BBC PROPERTY CO. Legal Non-Profit Reports Verify Certification Business Corporation Information Online Annual Reports SOSID: 0382520 LINKS&LEGISLATION Status: Current-Active KBBE B2B Annual Reports Date Formed: 11/20/1995 SOSID Number Correction Citizenship: Foreign 2001 Bill Summaries 1999 Senate Bills State of Inc.: MN Annual Reports 1997 Duration: Perpetual Corporations 1997 Register for E-Procurement Registered Agent Dept. of Revenue Agent Name: CT Corporation System ONLINE ORDERS Registered Office Address: 225 Hillsborough Street Start An Order Raleigh NC 27603 New Payment Procedures Registered Mailing Address: 225 Hillsborough Street Raleigh NC 27603 CONTACT US Principal Office Address: 7601 Penn Avenue Corporations Division Richfield MN 55423 Secretary of State's web site Principal Mailing Address: 7075 Flying Cloud Dr. Eden Prairie MN 55344 TOOLS Secretary of Sta[e :mep Printable Page For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster, http://www.secretary.state.TIC.us/corporations/Corp.aspx?Ilitenild=4671781 8/17/2007 e WATFq; hW ° NCDENR-Surface Water Protection _... 127 Cardinal Drive Extension �P 'osr ° Wilmington, NCM 3 '�•,!'mess® ' i 02 to $ ®®.5®�.. ' MAILED FROM MAY 24 8402WN055 MAILED FROM ZIPCODE 28405 BBC r o., General Partner in Best c/o Patrick P. 7500 Flying Clou Eden Prairie, MN 552 _ NIXI 53 5E 1 OS 05/31/07 R SENDER NOT DELIVER ADDRESSED UNABLE TO 0 .5534-0•t3746 C•D1:3 BC: 20400104427 *2300- - 4-40 20403C�1844 �n�illnlulnl��nni��nn���r!�n�n�rlu lu�r��nrllm