SW8140614_Historical File_20160317

PAT MCCRORY
NC
Governor
DONALD R. VAN DER VAART
Secretary
Energy,Mineral
and Land Resources TRACY DAVIS
ENVIRONMENTAL QUALITY
Director
March 17,2016
Dominic A.Visconsi,Jr.Manager
VNC-Southport,LLC
30050 Chagrin Blvd, Suite 360
Pepper Pike, OH 44124
Subject: Ownership Change and Return of Applications.
State Stormwater Management Permit No. SW8 140614
Long Beach Crossing
Brunswick County
Dear Mr.Visconsi:
Ownership Change -
On February 2,2016,the Wilmington Regional Office accepted a request to transfer the ownership of the
state stormwater management permit for the subject project. Staff of DEMLR have inspected the project,
determined that the documentation is in order,and that the project is in compliance with the terms and
conditions of the state stormwater permit.As indicated on the Name/Ownership Change form,you have
acknowledged receipt of 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 acknowledging receipt of the permit, and by signing 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 March
17, 2016 and to remind you that this permit shall be effective until August 21,2022. For your records,
please find enclosed a copy of the updated permit and a copy of the Name/Ownership Change form
submitted on January 25,2016. Please note that since this property is no longer under a purchase
agreement and the property has been sold,permit conditions I1.3 and 11.4 of the previously issued permit
relating to that purchase agreement have been removed from this updated permit.
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.Any modifications to this project must be submitted to DEMLR and approved prior to
construction. 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.
Return of Applications
On January 25,2016,the Division received incomplete State Stormwater Management Applications to
modify the project listed above and for a new Food Lion project. An e-mail dated February 2,2016 was
sent requesting the remaining items necessary to find these applications complete. It appears that the
quick claim deeds recorded in book 3716 on page 314 and book 3716 on page 302 with the Brunswick
County Register of Deeds may address item 3. However,at this time, items 1,2,and 4 of information
requested in that e-mail have not been provided. The applications and check numbers 140 and 141,both
in the amount of$505.00, are being returned because the application packages lacked the necessary
elements to accept it for review. Please provide the remaining information requested in the February 2,
2016 e-mail and return the package to the address below. Note that the 90-day statutory permit review
time begins upon receipt of a complete application.
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215 T 910 350 2004 F I httu://nortal.ncdenr.ore/web/lr/

State Stormwater Permit No. SW8 140614
Page 2 of 2
If you have any questions concerning the requirements of the permit or need additional copies of the
permit or approved plans,please do not hesitate to call Christine Hall with DEMLR in the Wilmington
Regional Office at(910)796-7215.
Sincerely,
Ax Tracy Davis,P. .,Director
Division of Energy,Mineral and Land Resources
GDS/canh: \\\Stormwater\Permits&Projects\140614\140614 HD\2016 03 permit 140614
cc: Dominic Visconsi,Jr.;Visconsi Land Co.Ltd.;30050 Chagrin Blvd,Suite 360;Pepper Pike,OH
44124
Mark Ruffy, Sr.Manager of Self Developed Properties;Food Lion,LLC;2110 Executive Drive;
Salisbury,NC 28147
Rick Moore,McKim&Creed
Wilmington Regional Office Stormwater File
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State of North Carolina Environmental� Quality I Energy,Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215 T I 910 350 2004 F I htto://oortal.ncdenr.ora/web/Ir/

State Stormwater Management Systems
Permit No. SW8 140614
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT WITH AN AREA OF REDEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
VNC— Southport, LLC
Long Beach Crossing
Long Beach Road (NC HWY 133), Southport, Brunswick County
FOR THE
construction, operation and maintenance of one (1) Contech Stormfilter located on Lot 1, one
(1) wet detention pond located on Lot 4, and one (1) area of excluded redevelopment also
located within Lot 1. This project as proposed has been found in compliance with the
provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter separately and
collectively referred to as the "stormwater rules') and the approved stormwater management
plans and specifications and other supporting data as attached and on file with and approved
by the Division and considered a part of this permit.
This permit shall be effective from the date of issuance until August 21, 2022 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. Per S.L. 2012-200, Part VI. NCDENR shall not require the use of stormwater retention
ponds, stormwater detention ponds, or any other stormwater control measure that
promotes standing water in order to comply with the FAA Advisory Circular No.
150/5200-33B at public airports that support commercial air carriers or general aviation
services, and at development projects within 5 miles of those airports. This project is
being permitted consistent with S.L. 2012-200 and a copy of the permit is being
forwarded to the Brunswick County Airport Commission who may elect to adjudicate
the permit.
2. This permit, as well as the location of the vegetated buffer and the impervious areas
shown on the approved plans, is contingent upon the permittee obtaining the
necessary approvals and permits from US Army Corps of Engineers and/or the
Division of Water Resources to pipe a portion of Jump and Run Creek as shown on
the plans. If the other approvals and permits are not obtained this may impact the
location of the vegetated buffer and the extent of the impervious areas shown on the
state stormwater approved plans. Any changes made to the plans in order to obtain
these other permits will require a plan revision or modification to this state stormwater
permit.
3. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
Page 1 of 10

State Stormwater Management Systems
Permit No. SW8 140614
4. This stormwater system has been approved for the management of stormwater runoff
as described in Section 1.8 and 1.9 of this permit. The runoff from all impervious areas
within the permitted drainage areas of this project must be directed into the permitted
stormwater control systems. The BMPs associated with Drainage Areas 1, 2, and 3
include a Contech Stormfilter, a wet detention pond, and an area of excluded
redevelopment, respectively, and have been designed to treat the runoff from 202,976,
151,725, and 50,855 square feet of impervious area, respectively.
5. The subdivision is permitted for 4 lots, each limited to a maximum amount of
impervious area as indicated in Section 11.13 (f) of this permit.
6. The maximum impervious area allowed for the entire subdivision is 405,556 square
feet.
7. The project shall provide and maintain a 30' wide vegetative buffer adjacent surface
waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the
mean high water line of tidal waters.
8. A vegetated filter strip is not required for the Contech Stormfilter or the wet detention
pond. However, all discharges into and through the vegetated buffer must provide
diffuse flow. A level spreader is being provided to achieve the diffuse flow
requirement.
9. Prior to the discharge of stormwater runoff from any lot into the approved stormwater
system, the permittee shall ensure that the proposed development on the lot is
covered by a separate Offsite Stormwater Management Permit.
10. The following design elements have been permitted for the pond storage and Contech
Stormfilter stormwater facility located on Lot 1 within Drainage Area 1. These design
elements must be provided in the system at all times.
a. Drainage Area, acres: 4.99
Onsite, ft2: 217,537
Offsite, ft2: 0
b. Total Impervious Surfaces, ft2: 202,976
Onsite, ft2: 202,976
Offsite, ft2: 0
c. Design Storm, inches: 1.5"
d. Storage Pond Permanent Pool Elevation, FMSL: 10.0
e. Storage Pond Temporary Storage Elevation, FMSL: 12.0
f. Permitted Storage Volume, ft3: 18,984
g. TSS removal: 85%
h. Number of Contech Stormfilter Cartridges: 53
i. Cartridge Height, inches: 18
j. Stormfilter Bottom Elevation, FMSL: 8.0
k. Seasonal High Water Table, FMSL: 10.0
I. Bypass Weir Elevation, FMSL: 12.0
m. Predevelopment 1 yr-24 hr. discharge rate, cfs: 0.34
n. Postdevelopment 1 yr-24 hr. discharge rate, cfs: 0.77
o. Design Storm Draw Down Rate, cfs: 0.15
p. Max Treatment Flow Rate, cfs 10.52
q. Receiving Stream/River Basin: Jump & Run Creek/Cape Fear
r. Stream Index Number: 18-88-9-3-2
s. Classification of Water Body: "Sc, Sw"
Page 2 of 10

State Stormwater Management Systems
Permit No. SW8 140614
11. The following design elements have been permitted for this wet detention pond
stormwater facility located on Lot 4 within Drainage area 2. These design elements
must be provided in the system at all times.
a. Drainage Area, acres: 4.64
Onsite, ft2: 202,300
Offsite, ft2: 0
b. Total Impervious Surfaces, ft2: 151,725
Onsite, ft2: 151,725
Offsite, ft2: 0
c. Average Pond Design Depth, feet: 5.0
d. TSS removal efficiency: 90%
e. Design Storm: 1.5"
f. Permanent Pool Elevation, FMSL: 8.50
g. Permitted Surface Area @PP, ft2: 11,054
h. Permitted Temporary Storage Volume, ft3: 18,381
i. Temporary Storage Elevation, FMSL: 9.90
j. Predevelopment 1 yr-24 hr. discharge rate, cfs: 9.64
k. Controlling Orifice: 2.0"o pipe
I. Orifice Flowrate, cfs : 0.07
m. Permanent Pool Volume, ft3: 44,903
n. Forebay Volume, ft3: 8,669
o. Maximum Fountain Horsepower: 1/6
p. Receiving Stream / River Basin: Jump & Run Creek/Cape Fear
q. Stream Index Number: 18-88-9-3-2
r. Classification of Water Body: "Sc, Sw"
12. The redevelopment portion of this project, Drainage Area 3, is excluded from State
Stormwater permitting requirements under the following conditions: 1) The project
must be constructed as shown on the plans submitted to this Office; 2) the proposed
impervious area of 50,855 square feet does not exceed the existing impervious area of
126,061square feet; and 3) The proposed stormwater control, directing the roof runoff
to a proposed level spreader and forested filter strip, provides equal protection of
surface waters as the existing stormwater control, which is the piped collection and
discharges directly into Jump and Run Creek.
II. SCHEDULE OF COMPLIANCE
1. No person or entity, including the permittee, shall alter any component of the approved
stormwater drainage system shown on the approved plans, unless and until the
Division has approved of the revised plan.
2. The permittee is responsible for the routine monitoring of the project for compliance
with the impervious area limits, grading, and the storm drainage system established by
this permit, the permit documents, the approved plans, and the recorded deed
restrictions. The permittee shall notify any lot owner that is found to be in
noncompliance with the conditions of this permit in writing, and shall require timely
resolution.
3. The permittee shall review all individual proposed and modified lot plans for
compliance with the conditions of this permit. The permittee shall not approve any lot
plans where the maximum allowed impervious area has been exceeded, or where
revisions to the grading or to the storm drainage system are proposed unless and until
a permit modification has been approved by the Division.
4. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in the
notice, the permittee shall submit a written time schedule to the Director for modifying
the site to meet minimum requirements. The permittee shall provide copies of revised
plans and certification in writing to the Director that the changes have been made.
Page 3 of 10

State Stormwater Management Systems
Permit No. SW8 140614
5. The stormwater management system shall be constructed in its entirety, vegetated
and operational for its intended use prior to the construction of any impervious surface.
6. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of impervious area.
c. Further development, subdivision, acquisition, or sale of any, all or part of the
project area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
d. Alteration of any aspect of the approved stormwater drainage system and/or the
approved stormwater BMPs.
e. The construction of any permitted future development areas shown on the
approved plans.
7. All stormwater collection and treatment systems must be located in public rights-of-
way, dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required rights-of-way, common areas and
easements, in accordance with the approved plans.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately. If the stormwater system is used as an Erosion
Control device, it must be restored to design condition prior to operation as a
stormwater treatment device, and prior to occupancy of the facility.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has
been installed in accordance with this permit, the approved plans and specifications,
and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
10. The facilities shall be constructed in accordance with the conditions of this permit, the
approved plans and specifications, and other supporting data.
11. The permittee shall follow the approved Operation and Maintenance (O&M)
Agreement in its entirety, and shall provide and perform the listed operation and
maintenance at the scheduled intervals to assure that all components of the permitted
stormwater system function at design condition.
12. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions were
taken.
13. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 140614, as issued by the
Division of Energy, Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
c. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
Page 4 of 10

State Stormwater Management Systems
Permit No. SW8 140614
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Energy,
Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Energy, Mineral and Land Resources.
f. The maximum imperious area per lot is as follows:
Lot # Maximum Amount of
Impervious Area (sf)
1 225,076
2 94,517
4 38,783
5 47,180
This allotted amount includes any impervious area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Impervious area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
g. All runoff from the impervious areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters, which
drain to the pond or street, grading the lot to drain toward the street or directly
into the pond, or grading perimeter swales and directing them into the pond or
street.
h. Impervious area in excess of the permitted amount will require a permit
modification.
All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface
waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and
the mean high water line of tidal waters.
j. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is
subject to enforcement procedures as set forth in G.S. 143, Article 21.
k. Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division of Energy, Mineral and Land Resources and
receive a permit prior to any construction on the lot.
14. A copy of the recorded deed restrictions must be submitted to the Division within 30
days of the date of recording the plat, and prior to selling lots. The recorded copy must
contain all of the statements above, the signature of the Permittee, the deed book
number and page, and the stamp/signature of the Register of Deeds.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR
personnel. The project and the stormwater facility must be in compliance with all
permit conditions. Any items not in compliance must be repaired, replaced or restored
to design condition prior to the transfer. Records of maintenance activities performed
to date will be required.
Page 5 of 10

State Stormwater Management Systems
Permit No. SW8 140614
16. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray
fountain will be allowed in the stormwater treatment system, subject to the following
criteria:
a. The fountain must draw its water from less than 2' below the permanent pool
surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing,
may be used only if they draw water from the surface in the deepest part of the
pond.
c. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for the fountain's pump is based on the permanent
pool volume. The maximum pump power for a fountain in this pond is 1/6
horsepower.
17. If permeable pavement BUA credit is desired, the permittee must submit a request to
modify this permit to incorporate such language as required by the Division of Energy,
Mineral and Land Resources. The request to modify must include a proposed
amendment to the deed restrictions and protective covenants for the subdivision, and
a soils report identifying the type of soil, the Seasonal High Water Table elevation and
the infiltration rate. Upon the successful completion of a permit modification, the
individual lot owners that request to utilize permeable pavements shall submit the
necessary forms and documentation to the permittee, or a designated agent, and
receive approval prior to construction of the permeable pavement.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation as
listed on the form, to the Division of Energy, Mineral and Land Resources at least 60
days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made subject to
the recorded deed restrictions;
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
c. Bankruptcy;
d. Foreclosure;
e. Dissolution of the partnership or corporate entity;
f. A name change of the current permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
2. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves a request to transfer the permit. Neither the sale of the
project in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the permit.
3. Any person or entity found to be in noncompliance with the terms and conditions of a
stormwater management permit or the stormwater rules is subject to enforcement
action as outlined in NCGS 143, Article 21.
4. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances, which may be imposed by other
government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily the Permittee shall take
immediate corrective action, including those as may be required by this Division, such
as the construction of additional or replacement stormwater management systems.
Page 6 of 10

State Stormwater Management Systems
Permit No. SW8 140614
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting the permitted stormwater management
facility.
7. The permit issued shall continue in force and effect until revoked or terminated. The
permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and re-issuance or termination does not
stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans, specifications, supplement forms, O&M Agreements and calculations
for this project are incorporated by reference and are enforceable parts of the permit.
The permittee shall maintain a copy of these documents on file at all times.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules and regulations contained in Session Law 2006-246, Title
15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall submit a permit renewal application at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate
documentation and the processing fee.
Permit transferred, updated, and re-issued this the 17th day of March 2016.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
E
j racy DaDirector
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 140614
Page 7 of 10

State Stormwater Management Systems
Permit No. SW8 140614
Master Permit No. SW8 140614
Lot#from Drains to Offsite Permit No. Date Issued Offsite Project Name Allocated Proposed
Master Permit DA# BUA BUA
n/a—Contech
1 1, 2, & 3 Stormfilter n/a Na 225,074 225,076
located on lot
3 2 94,517 0
n/a—Wet
4 2 detention pond n/a n/a 38,783 0
located on lot
5 1 47,180 36,380
Page 8 of 10

State Stormwater Management Systems
Permit No. SW8 140614
Long Beach Crossing Page 1 of 2
Stormwater Permit No. SW8 140614
Brunswick County
Designer's Certification
, as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the project,
(Project)
for (Project Owner) hereby state that, to the best
of my abilities, due care and diligence was used in the observation of the project construction
such that the construction was observed to be built within substantial compliance and intent
of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Page 9 of 10

State Stormwater Management Systems
Permit No. SW8 140614
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount
of impervious area.
3. All the impervious area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting
of the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DEMLR Regional Office
Brunswick County Building Inspections
Page 10 of 10

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: S W - I1 0(o 14I
2. Project Name: LOI.G (c3E ACID CROSS+NGr
3. Current Permit Holder's Company Name/Organization: V I SCONS I LAMA CO., Lt-d
4. Signing Official's Name: ,\jISGONSI 1-SR Title: MANAGING M.E-M3E4-
5. Mailing Address: 200 C) C.HAGP.IM RI, ciTE366
City: � PP�-IZ A11�.� State: 0Itio Zip: '-t1-l12'1
6. Phone: ( Zilo ) - 6650 Fax: ( ZI(o )
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)
I I 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)
Mailing address / phone number change. (Please complete Item 4 below)
I I Other (please explain):
1 . Proposed permittee's company name/organization: VN C" SOUTPOK..T, LLC
2. Proposed permittee's signing official's name: tOMwJIC_ A , V( c.of.rsi
3. Proposed permittee's title: K fol? & VAL
4. Mailing Address:
City: State: Zip:
Phone: ( ) Fax: ( )
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
I 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 #1 above and provide name of HOA/POA's authorized representative in #2 above)
The property owner
I 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)
�., JAN 2 5 2e
SSW N/O Change Rev24Sept2012 Page 1 of 4

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 on inal permittee theirocessing
fee is not rewired. Subsequent ownership transfers wi 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:
Check here if the current permitte is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, �o,�„�� . i se �R. .N1 gyp& ,.i tile current
permittee, hereby notify the DWQ that I am changing my name an /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 # . 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,I nd,V-ot tb)s1j•prm, I
further attest that this application for a name/ownership change is accurate:and"complete t"o 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* permittee to the
proposed permittee named in Sections II and V of this form. I understand tit this transfer-af---
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature: X viip.Nv.-,, Date: c l,p
I, 9 I1\ , f)CW&P , a Notary Public r the State of
�.7Y.IA , County of Cal Tma__ , do hereby certify that
C,t\ v1 oc c ,L)Et, ally appeared before me this the
P'1 day of , 20 I , and acknowledge the due execution of the
fgrgjping instrument. With s rr? han and official seal, iiiiit�ta rt' Seal)
\china ( , ,gy •, .
•_.• /�• �
THERESA M. BALES
Notary Signature � ' '.�•• NOTARY PUBLIC
• •• = STATE OF OHIO
A-t
3:;,. ,y. Recorded in
••:ter:_ :: /T. .i5
SSW N/O Change Rev24Sept2012 Page 2 of 4 =Sj: k ' •��•' gym. a County
•.,,.q ' �1;,.� My Comm.Exp.9/21/2020

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
° Proposed Permittee for all transfers of ownership)
I, \OMINIC. A,VISawicI,TR., McMgS.R. , 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)
VT-the most recent permit
I Nt'the designer's certification for each BMP
✓r any recorded deed restrictions, covenants, or easements
tir the DWQ approved plans and/or approved as-built plans
N'the approved operation and maintenance agreement
past 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: X aowtt__ a uhca-vw,.),,, Date: __ v' 1 X\t,)
I, fAS (t rr\ .tO , a Notary Public for the State of
ORJC, , ` , County of ( Ui(LL , do hereby certify that
�' A
/i'����� . \ JJ �)Y ,J pe slIonally appeared before me this the
Iv�i t day of 1flfl J , 20 \lOand acknowledge the due execution of the
forgoing instrument. Witn ss my hand and official seal, �,���'P,RIAi: S"'•.,
�• ;•0o..\\!f f j-y7; THERESA M. BALES
�Qaa. �-} / � al) OTARYPUBLIC
NotarySignature :° ' STATE OF OHIO
g .•' """ Recorded in
;,s .'23, /a;:} 0 Oeauga County
,,T,q F•,,c,•,'' My Comm.Exp.9/21/2020
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.
4i F, JAN 2 5 267) . ;
SSW N/O Change Rev24Sept2012 Page 3 of 4

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections Il 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 1)0(14. C- Uvst .,(1), Date. c_ \J
I, J x rn , -ba.QQ , a Notary Public for the State of
� iL • • , Countyof n , do herebycertifythat
wl l �,Y-� \. ,�� N Y r l ,1 pe-sonally appeared before me this the
1 day of C al
;att , 20 \ i , and acknowledge the due execution of the
forgoing instrument. Witne �s my hand arh official seal,
fft \ni 1 . - „�„ (NotarySeal)
Notary Signature `,, b@ Al; S '.,-
s,•�p• '�(/f���!::THERESA M.NOTARY PUBLIC ES
•° F. STATE OFOHIO
' `' - Recorded in
'� -°.:.,1 'J�Ii,:i`�p: Geauga County
�'�' �s;" ..•.�,.y My Comm. Exp.9/21/2020
• FO,9 tlt:L;ft::11 V tor:1
:::
rl JAN 2 5 LI;26R�,�
SSW N/O Change Rev24Sept2012 Page 4 of 4
BY:

Hall, Christine
From: Hall, Christine
Sent: Tuesday, February 02, 2016 5:45 PM
To: 'Jeffrey Cosset'; Moore, Rick A.
Cc: Scott, Georgette
Subject: Long Beach Crossing (SW8 140614) submittals
Jeffery,
We received the submittals on January 25, 2016. In looking at the application to transfer the permit, it looks to be to be
complete and will be accepted and logged into the system.
As I hope you are aware from my previous correspondence with Rick Moore,the applications to modify the Long Beach
Crossing permit or for the new Food Lion permit will not be logged in until the transfer is approved. However, in order
to consider these submittals complete so they can be logged in once the transfer is approved, there are a few items that
will need to be provided:
1. Revised plans to document the new property/project/drainage areas associated with each permit. This is
especially important to document any drainage that may be interacting between the two permits. In other
words,to document any areas within the property owned by VNC-Southport, LLC property that happens to drain
into and be treated by the pond located on Food Lion property and vice versa. In looking at the approved plans,
it does look like the delineated drainage areas are slightly different than the information presented on the
subdivision plan sheet(if that plan was followed in the subdivision and selling of the property)
2. In addition to the plans,this interaction in drainage areas between the two properties and permits would also
be documented in Section IV.10 of the application. For instance, any area within Long Beach Crossing (SW8
140614)draining to the Food Lion pond would be listed in a separate column in Section IV.10 of the application
to modify SW8 140618. This column would document the drainage area and impervious area being treated by
an offsite system. This information would then be listed in the pond drainage area column in Section IV.10 of
the Food Lion application as offsite drainage area and offsite impervious area.
3. Your e-mail dated October 12, 2015 indicated that corrective deed restrictions would be recorded to address
Permit Condition 11.15. I don't see that recorded corrective deed restrictions in the provided paperwork. Can
you please confirm the status of those restrictions? (this is to limit the amount of BUA on the parcels and is
especially important for areas that drain to the pond associated with the neighbor's property)
4. Food Lion LLC will either need to sign a new operation and maintenance agreement or provide a signed
Name/Ownership Change form,which includes a statement where they agree to operate and maintain the
system as originally approved.
Although not imperative to the completeness of the application,just some additional thoughts that will likely be brought
up during the reviews:
5. Please reconsider the project names listed in Section 1.1 of the applications. Both applications currently list the
project name as Long Beach Crossing and it will be difficult to distinguish between the two.
6. A manager of Food Lion, LLC will need to be listed in Section 111.1 of the application and will need to sign the
application. Signatures by others are permissible when a letter of authorization is provided from the manager
allowing another individual to sign on their behalf(per 15A NCAC 02H.1003(e) of the stormwater rules)
When considering items 1-4, please let me know what you would like to do with the application to modify Long Beach
Crossing(SW8 140614) and for the new Food Lion permit while the transfer is being processed. If you anticipate items
1-4 can be provided in a timely manner,then we'll hold on the packages. Otherwise,you might consider requesting the
submittals be returned so the proper adjustments can be made.
1

Please let me know if you have any questions or concerns.
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares .---
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
2

Completeness Review Checklist
Project Name: L:oY\ , C VO°�4' Received Date: //6 I(0
Project Location: Accepted Date: - D/4
Rule(s) 2008 Coastal 01995 Coastal ®Phase II (WiRO.) ®Universal 01988 Coastal
Type of Permit: New or Mod or PR Existing Permit#(Mod or PR): 1 LI OW 1 PE Cert on File?
Density:(D) or LD Type:L.Co4 mercJ) or Residential ENCG:
%: (%OK?) Stream Class: DSA Map ❑Offsite to SW8
Subdivided : Subdivision) or Single Lot nORW Map Exempt
y.r
Paperwork Emailed Engineer on:
®Supplement(s) (1 original per BMP) BMP Type(s): fx
\St.r
2 O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) \c (r.^�
Application with correct/original signatures ®De�d
®Corp or LLC: Sig. Auth. per SoS or letter ®Email Address: Design Engineer
,I ` $505 (within 6mo) ®Email Address: Owner �I
C k
®Soils Report with SHWT Note to Reviewer: C _ V
Calculations (signed/sealed) 41r • \,0" bi\ v--Q__)
Ck
c-‘e\AYCjO
®No obvious errors '� C./r-, ---7-% ` �,
\
®Density includes common areas, etc
Deed Restrictions, if subdivided: 42--
Signed & Notarized �`"�'��� `"l
®Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest.
Plans
02 Sets ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
®Grading ®Wetlands: Delineated or No Wetlands
®Vicinity Map ®Layout (proposed BUA dimensions)
®Legend ODA Maps ®Project Boundaries
Infiltration Wet Pond Offsite
Soils Report ®Soils Report ®PE Cert for Master Lot#:
SHWT: EISHWT: ®Deed Rest for Master DLot# 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)

Completeness Review Checklist
Project Name: 1(.0, ' c.c\r\ C Y ,% Received Date: ) /a5/(
Project Location: rbr, Accepted Date: _ N;
Rule(s) /;2008 Coastal 01995 Coastal ❑Phase II (WiRO.) ®Universal 01988 Coastal
Type of Permit: New .o or PR Existing Permit#(Mod or PR): 11(3 ( [PE Cert on File?
Density: D�r LD Type:CComm�ercia or Residential ENCG:
%: n(%OK?) Stream Class: ®SA Map ®Offsite to SW8
Subdivided?: K§ubdivisio or Single Lot nORW Map Exempt
PapBerwork 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 Deed
Corp or LLC: Sig. Auth. per SoS or letter mail Address: Design Engineer
$505 (within 6mo) I mail Address: Owner
®Soils Report with SHWT Note to Reviewer:
®Calculations (signed/sealed) 1\
No obvious errors .t.,c�
®Density includes common areas, etc 9‘3-k \- L1
®Deed Restrictions, if subdivided: - a�fo',14 �c �'� � 1,0 ;vim
®Signed & Notarized ��\� Ot�\v® \ C 'L� \\ �'�Q 'C.�ie �j`'
y� `
0Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. � e .(\C--\
Plans
02 Sets ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Grading ®Wetlands: Delineated or No Wetlands
®Vicinity Map ®Layout(proposed BUA dimensions)
®Legend EPA Maps ®Project Boundaries
Infiltration Wet Pond Offsite
Soils Report ®Soils Report ®PE Cert for Master Lot#:
SHWT: EISHWT: ®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)

DEMLR USE ONLY
Date Received Fee Paid Permit Number
Applicable Rules: ❑Coastal SW-1995 ❑Coastal SW-2008 ❑Ph II-Post Construction
(select all that apply) ❑Non-Coastal SW-HQW/ORW Waters ❑Universal Stormwater Management Plan
❑Other WQ Mgmt Plan:
State of North Carolina
Department of Environment and Natural Resources C/O i
Division of Energy,Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FO
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans,
specifications,letters,operation and maintenance agreements,etc.):
Long Beach Crossing
2. Location of Project(street address):
4891 Long Beach Road
City:Southport County:Brunswick Zip:28461
3. Directions to project(from nearest major intersection):
On Long Beach Road,+/-0.3 miles south of NC 211
4. Latitude:33°56'56.8"N Longitude:78°03'5.4"W of the main entrance to the project.
II. PERMIT INFORMATION:
1.a.Specify whether project is(check one): ❑New Modification ❑Renewal w/ Modificationt
tRenewals with modifications also requires SWU-102-Renewal Application Form
b.If this application is being submitted as the result of a modification to an existing permit,list the existing
permit numberSW8-140614 ,its issue date(if known)8-21-2014 ,and the status of
construction: ['Not Started ['Partially Completed* ®Completed* *provide a designer's certification
2. Specify the type of project(check one):
['Low Density ®High Density ['Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application,list the stormwater project number,
if assigned,N/A and the previous name of the project,if different than currently
proposed,
4.a.Additional Project Requirements(check applicable blanks;information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑LAMA Major ['Sedimentation/Erosion Control: ac of D. bed M
❑NPDES Industrial Stormwater 0404/401 Permit:Proposed Impacts X
b.If any of these permits have already been acquired please provide the Project Name,Proje8 ;Permit Num W d f
issue date and the type of each permit:
5. Is the project located within 5 miles of a public airport? ❑No ®Yes
If yes,see S.L.2012-200, Part VI: http://portal.ncdenr.org/web/lr/rules-and-regulations
Form SWU-101 Version Oct.31,2013 Page 1 of 6

III. CONTACT INFORMATION
1.a.Print Applicant/Signing Official's name and title(specifically the developer,property owner,lessee,
designated government official,individual,etc.who owns the project):
Applicant/Organization:VNC-Southport,LLC
Signing Official&Title:Dominic A Visconsi,Jr.,Manager
b.Contact information for person listed in item la above:
Street Address:30050 Chagrin Boulevard,Suite 360
City:Pepper Pike State:Ohio Zip:44124
Mailing Address(if applicable):
City: State: Zip:
Phone: (216 ) 464-5550 Fax: (216 ) 464-7219
Email:[e-mail]
c.Please check the appropriate box.The applicant listed above is:
®The property owner(Skip to Contact Information,item 3a)
❑Lessee*(Attach a copy of the lease agreement and complete Contact Information,item 2a and 2b below)
❑Purchaser*(Attach a copy of the pending sales agreement and complete Contact Information,item 2a and
2b below)
❑Developer*(Complete Contact Information,item 2a and 2b below.)
2.a.Print Property Owner's name and title below,if you are the lessee,purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official&Title:
b.Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address(if applicable):
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
3.a. (Optional)Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:leffrey Cossel
Signing Official&Title:Development Manager
b.Contact information for person listed in item 3a above:
Mailing Address:30050 Chagrin Boulevard,Suite 360
City:Pepper Pike State:Ohio Zip:44124
Phone: (216 ) 464-5550 Fax: (216 ) 464-7219
Email:[e-mail]
4. Local jurisdiction for building permits:Brunswick County
Point of Contact:Helen Bunch Phone#: (910 ) 253-2035
Form SWU-101 Version Oct.31,2013 Page 2 of 6

IV. PROJECT INFORMATION
1. In the space provided below,briefly summarize how the stormwater runoff will be treated.
The runoff from the project site will be carried through a piped system that drains to the on-site detention
pond.The pond will treat the first 1.5 inches of runoff and will ultimately dump into Jump&Run Creek.
2.a.If claiming vested rights,identify the supporting documents provided and the date they were approved:
❑Approval of a Site Specific Development Plan or PUD Approval Date:
❑Valid Building Permit Issued Date:
❑Other: Date:
b.If claiming vested rights,identify the regulation(s)the project has been designed in accordance with:
❑Coastal SW-1995 ❑Ph II-Post Construction
3. Stormwater runoff from this project drains to the Cape Fear River basin.
4. Total Property Area:4.64 acres 5. Total Coastal Wetlands Area: acres
6. Total Surface Water Area: 0.0 acres
7. Total Property Area(4)-Total Coastal Wetlands Area(5)-Total Surface Water Area(6)=Total Project
Area+:4.64 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water(NE line or Mean High Water
(MHW)line, and coastal wetlands landward from the NHW(or MHt )line. The resultant project area is used to
calculate overall percent built upon area(B UA). Non-coastal wetlands landward of the NHW(or MHW)line may
be included in the total project area.
8. Project percent of impervious area:(Total Impervious Area/ Total Project Area)X 100 =75.0 %
9. How many drainage areas does the project have?1 (For high density,count 1 for each proposed engineered
stormwater BMP. For low density and other projects,use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project,attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information Drainage Area 2 Drainage Area Drainage Area_ Drainage Area
Receiving Stream Name Jump and Run
Creek
Stream Class * SC;Sw
Stream Index Number* 18-88-9-3-2
Total Drainage Area(sf) 202,300
On-site Drainage Area(sf) 202,300
Off-site Drainage Area(sf) 0
Proposed Impervious Area**(sf) 151,725
Impervious Area**(total) 75.00
Impervious' Surface Area Drainage Area_ Drainage Area_ Drainage Area_ Drainage Area
On-site Buildings/Lots(sf)
On-site Streets (sf) 18,425
On-site Parking (sf)
On-site Sidewalks (sf)
Other on-site (sf)
Future(sf) •
Off-site (sf) 133,300
Existing BUA***(sf)
Total (sf):
* Stream Class and Index Number can be determined at: littp//porta1.ncdfciir.orwet'/ q/ps/csir/classificatwiis
** Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version Oct. 31,2013 Page 3 of 6

***Report only that amount of existing BUA that will remain after development.Do not report any existing B LIA that
is to be removed and which will be replaced by new B LIA.
11. How was the off-site impervious area listed above determined?Provide documentation.
Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened&
Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B.0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance(O&M)forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://portal.ncdenr.org/web/wq/wsjsu/bmp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy,Mineral and
Land Resources(DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item.All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form. 1),A4,
2. Original and one copy of the signed and notarized Deed Restrictions&Protective Covenants t AVV\
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s)(sealed,signed and dated)and O&M
agreement(s)for each BMP.
4. Permit application processing fee of$505 payable to NCDENR. (For an Express review,refer to t)/4-
http://www.envhelp.org/pages/onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative(one to two pages)describing the stormwater treatment/managementfor DIWV
the project. This is required in addition to the brief summary provided in the Project
Information,item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1/z mile of the site boundary,include the 1/2
mile radius on the map.
7. Sealed,signed and dated calculations(one copy).
8. Two sets of plans folded to 8.5" x 14" (sealed,signed,&dated),including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures,the banks of streams and rivers,the MHW or NHW line of tidal
waters,and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures,the banks of streams or rivers,and the MHW(or NHW)of tidal waters.
i. Dimensioned property/project boundary with bearings&distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours,proposed contours,spot elevations,finished floor elevations.
1. Details of roads,drainage features,collection systems,and stormwater control measures.
m.Wetlands delineated,or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
Form SWU-10l Version Oct.31,2013 Page 4 of 6

n. Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations.
o. Drainage areas delineated(included in the main set of plans,not as a separate document).
p. Vegetated buffers(where required).
9. Copy of any applicable soils report with the associated SHWT elevations(Please identify
elevations in addition to depths)as well as a map of the boring locations with the existing
elevations and boring logs.Include an 8.5"x11"copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs,the report should also
include the soil type,expected infiltration rate,and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO:Schedule a site visit for DEMLR to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book:3716 Page No:214 A.A.‘
11. For corporations and limited liability corporations(LLC):Provide documentation from the NC
Secretary of State or other official documentation,which supports the titles and positions held
by the persons listed in Contact Information,item la,2a,and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State,otherwise the application will be returned.
http://www.secretary.state.nc.us/Corporations/CSearch.aspx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions,outparcels,and future development,the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary,a table listing each lot number,lot size,and the allowable built-upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from http://portal.ncdenr.org/web/lr/state-stormwater-
forms does.Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner,it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s)below,the permit holder(s)certify that the recorded property restrictions and
protective covenants for this project,if required,shall include all the items required in the permit and listed
on the forms available on the website,that the covenants will be binding on all parties and persons claiming
under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR,and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm(such as a
consulting engineer and/or firm)so that they may provide information on your behalf for this project(such as
addressing requests for additional information).
Consulting Engineer:Richard A.Moore
Consulting Firm:McKim and Creed
Mailing Address:243 North Front Street
City:Wilmington State:NC Zip:28401
Phone: (910 ) 343-1048 Fax: 1910 ) 251-8282
Email:[e-mail]
IX. PROPERTY OWNER AUTHORIZATION(if Contact Information, item 2 has been filled out,complete this
section)
I, (print or type name of person listed in Contact Information,item 2a)N/A ,certify that I
own the property identified in this permit application,and thus give permission to (print or type name of person
listed in Contact Information,item la) with(print or type name of organization listed in
Contact Information,item la) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal,which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version Oct. 31,2013 Page 5 of 6

As the legal property owner I acknowledge,understand,and agree by my signature below,that if my designated
agent(entity listed in Contact Information,item 1)dissolves their company and/or cancels or defaults on their
lease agreement,or pending sale,responsibility for compliance with the DEMLR Stormwater permit reverts back
to me,the property owner.As the property owner,it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 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: Date:
I, ,a Notary Public for the State of ,County of
,do hereby certify that personally appeared
before me this_day of , ,and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information,item la)Dominic A Visconsi, Tr. ,
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H.1000 and any other applicable state stormwater requirements.
Si ature: 1)-0, C vv3WvvA,.. Date:11.1n 4)aoct/)
n
I Ul A : ril r t`a 1)10-- ,a Notary Public.for the State of `Ma) ,County of
do her by certify that ersonally appeared
before I c e this Illy of I an cknowledge the d e of the application for
a stormwater permit. Witness, y hand an fficial seal, . i'W
,�PRIAC"S
•
,• " SEAL
.•r=0 \\ !/// 'T ^THERESA M. BALES
NOTARY PUBLIC
STATE OF OH O
``,: , • ,,.: Recorded�n My commission expires 1.J
;�T` `p, Geauga County
-�"'� E OF., '•• My Comm.Exp.9/21/2020
Form SWU-101 Version Oct. 31,2013 Page 6 of 6

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63575 P1084 13Y36 32.002
$renda 14. Clemmons PROP
Brunswick County, NC Re aster of Deeds page 1 of 52
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COVER SHEET TO
DECLARATION OF EASEMENTS , COVENANTS , CONDITIONS AND RESTRICTIONS
This Declaration of Easements, Covenants, Conditions and Restrictions (the "Declaration") is
made and entered as of this .7 day of Qd44 b , 2014, by VNC-Southport, LLC, an Ohio
limited liability company("Declarant").
Drawn by:
William M. Phillips/Partner
Taft Stettinius& Hollister LLP
200 Public Square, Suite 3500 i1
JAN 2 5 26 i
Cleveland, OH 44114-2302
BY:
Mail to:
Harbor City Title Insurance Agency of NC, Inc.,
6201 Fairview Road, Suite 325
Charlotte, NC 28210
File it 1212-2443

II1l III 11111111111 11111111111111 Ill 1a1320,4
83575 P 1085 13 36 32 002
Brenda M. Clemmons PROP
Brunswick County, NC Register of Deeds page 2 of 52
DECLARATION OF EASEMENTS, COVENANTS,CONDITIONS AND RESTRICTIONS
This Declaration of Easements, Covenants, Conditions and Restrictions (the "Declaration") is
made and entered as of this ` day of De_-710 b •— , 2014, by VNC-Southport, LLC, an Ohio
limited liability company("Declarant").
RECITALS
1. Declarant is the owner of that certain real property located in Southport, North Carolina,
as described in Exhibit A attached hereto and made a part hereof("Declarant's Aggregate Property").
2. Declarant and Food Lion, LLC, a North Carolina limited liability company ("Food
Lion"), have entered into an agreement by which Declarant shall convey to Food Lion a portion of
Declarant's Aggregate Property as described in Exhibit B attached hereto and made a part hereof(the
"Food Lion Property"), and as shown on the site plan attached hereto and made a part hereof as Exhibit C
(the "Site Plan") (Declarant's Aggregate Property, less the Food Lion Property, is as described in
Exhibit D attached hereto and shall be referred to herein as"Declarant's Remaining Property").
3. In addition to subdividing the Food Lion Property from Declarant's Aggregate Property,
Declarant has also subdivided Declarant's Remaining Property into the separate Parcels (defined below)
as shown on the Site Plan, including those Parcels designated as the"Outparcels"on the Site Plan and as
described in Exhibit C attached hereto and made a part hereof(the"Outparcels").
4. Declarant now desires to impose certain easements upon all of the Parcels (defined
below) and establish certain covenants and restrictions with respect to the Parcels for the mutual and
reciprocal benefit of all Parcels, all of which shall be binding upon all Parcels and the present and future
owners and occupants thereof,on the terms and conditions hereinafter set forth.
NOW THEREFORE, Declarant does hereby subject the Declarant's Remaining Property,
including without limitation the Outparcels, and the Food Lion Property to the covenants, conditions and
restrictions set forth below.
ARTICLE I
GENERAL PROVISIONS
Section 1.01. Establishment of Easements and Protective Covenants. Declarant does hereby
adopt and establish the herein-described easements, protective and restrictive covenants, conditions and
restrictions with respect to the Parcels (as hereinafter defined) and it is hereby agreed and declared that
the Parcels shall be sold, transferred, conveyed, improved, used and occupied subject to the following
easements, covenants, conditions and restrictions, which shall (i) be covenants running with and binding
upon the Parcels, (ii)inure to the benefit of and be enforceable by each Owner, its successors and assigns
and (iii) be binding upon each Owner and its respective heirs, executors, administrators, successors and
assigns, specifically including any and all subsequent owners of any Parcel, as applicable, or any portion
thereof (including mortgagees and any purchasers at any foreclosure sale or by deed in lieu thereof),
whether by purchase, descent, devise, gift,trade or otherwise,and each and all individuals and entities,by
the acceptance of fee simple title to any portion of any Parcel, as applicable, or any leasehold interest
therein, shall and do thereby agree and covenant to abide by and perform the following provisions and
agreements.

11111ill l{llllI I I111 111111i 11 I I I ,C;n3 32.
{� rvl p1V6 1336:32.002
Brenda M. Clemmans PROP
Brunswick County, NC Register of Deeds page 3 of 52
Section 1.02. Recordation of Declaration and Amendments. This Declaration, and any
amendment,modification or revision thereto, shall be effective once executed and shall be filed for record
in the public real estate records for the county or counties or city or cities in which the Parcels are located
at Declarant's sole cost and expense,upon the sale of the Food Lion Property to Food Lion.
Section 1.03. Definitions. For purposes hereof:
(a) An Owner of a Parcel granting an easement is called the "Grantor," it being
intended that the grant shall thereby bind and include not only such Owner but also its successors and
assigns as Owner of such Parcel(and its Occupants and Permittees).
(b) An Owner of a Parcel to whom the easement is granted is called the"Grantee,"it
being intended that the grant shall benefit and include not only such Owner but also its successors and
assigns as Owner of such Parcel (and the Grantee may permit from time to time its Occupants and
Permittees to use such easements), unless otherwise restricted herein or pursuant to the terms of such
easement.
(c) The term"Building" shall mean any building which has been, will be or may be
constructed within a Parcel, including appurtenant loading docks, adjacent sidewalks, truck ramps and
other outward extensions.
(d) The term "Common Area" and/or "Common Areas" shall mean all portions of
the Parcels other than those occupied by any Building, including parking areas,drive aisles,access drives,
sidewalks, location of signage utilized by more than one (1) Owner, and Common Utility Facilities (as
defined below)and similar areas,as the same may be altered or modified by any Owner,but subject to the
limitation on such alterations or modifications as set forth in this Declaration.
•
(e) The term "Common Utility Facilities" shall mean utility systems and facilities
from time to time situated on or serving more than one(1)Parcel,up to the building wall of any Building,
for use or service in common by more than one (1) of the Owners or for the exclusive service of the
Common Area, such as the following: storm drainage,retention and disposal facilities and sanitary sewer
systems, and the storm water detention facilities, manholes, underground domestic and fire protection
water systems, underground natural gas systems, underground electric power cables and systems,
underground telephone,television, and other telecommunications cables and systems, and all other utility
systems and facilities for such common use or service, including, without limitation, those installed under
the provisions of this Declaration and as replacements thereto.
(f) The term "Floor Area" shall mean the actual number of square feet of space
contained on each floor within a Building as measured from the exterior faces of the exterior walls or
store front and/or the center line of any common walls between Buildings located on the Parcels, but
excluding all sidewalks, exterior loading docks and exterior platforms but without deduction for any
interior columns, utility rooms, compressor rooms, electrical transformers and similar interior equipment
and facilities. hi addition,"Floor Area" shall include any mezzanine or above ground floor area which is
open to the public, but not otherwise, Within thirty (30) days after request by any Owner, each Owner
shall certify, at the requesting Owner's sole cost and expense, to the requesting Owner the amount of
Floor Area applicable to each Building on its Parcel. During any period of rebuilding, repairing,
replacement or reconstruction of a Building, the Floor Area of the Building shall be deemed to be the
same as it existed immediately prior to that period.
(g) The term "Laws" means all federal, state, county and local statutes, laws,
ordinances,codes, rules,regulations,orders and decrees, as may be applicable.
73068100.5 2

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Brunswick County, NC Register of Deeds page
Clemmons PROP
pa 4 of 52
(h) The term"Occupant"shall mean any Person from time to time entitled to the use
and/or occupancy of any portion of a Building under an ownership right or under any lease, sublease
license,concession or other similar right.
(i) The term"Owner" or"Owners" shall mean the owner of a fee simple title to any
Parcel, and any and all successors or assigns of such persons as the owner or owners of fee simple title to
all or any portion of the real property covered hereby, whether by sale, assignment,inheritance, operation
of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or encumbrance
on such real property,except mortgagees in possession. •
(j) The term "Parcel" or "Parcels" shall mean each separately identified parcel of
real property now and/or hereinafter contained within either the Food Lion Property and/or the
Declarant's Remaining Property. Each Owner shall have the right, upon the prior written notice to all
other Owners, from time to time, and so long as the same is permitted pursuant to applicable Laws, to
designate such Owner's Parcel either (A) as a single Parcel or (B) as consisting of one or more Parcels.
Each Owner shall have the right to unilaterally amend this Declaration reflecting any such subdivision of
the Parcel owned by such Owner. As of the date of execution of this Declaration,the initial"Parcels"are
as shown on the Site Plan.
(k) The term"Permittees" shall mean the Occupants of a Parcel, and the respective
employees, agents, contractors, customers, invitees and licensees of(i)the Owner of such Parcel, and/or
(ii)such Occupants.
(1) The term "Person" shall mean any individual, partnership, firm, association,
corporation,trust or any other form of business or government entity.
(m) The term"Separate Utility Facilities"shall mean any of the following not for use
in common by other Owners: storm drainage facilities and sanitary sewer systems (including, without
limitation, underground storm and sanitary sewer systems) underground domestic and fire protection
water systems, underground natural gas systems, underground electric power, underground cables and
systems, underground telephone, television, and other telecommunications cables and systems, and all
other underground utility systems and facilities reasonably necessary for the use or service of any
Building situated on any Parcel.
(n) The term"Shopping Center"shall mean Declarant's Remaining Property and the
Food Lion Property,together with all Buildings, Common Areas and other improvements located thereon.
(o) The term"Site Plan"shall mean the site plan attached hereto as Exhibit C and by
reference made a part hereof.
(p) The term "Utilities Facilities" shall mean Common Utility Facilities and/or
Separate Utilities Facilities,individually and/or together.
ARTICLE II
EASEMENTS
Section 2.01. Grant of Easements. Subject to any express conditions, limitations or
reservations contained herein, Declarant hereby grants, establishes, covenants and agrees that the Parcels,
and all Owners and Permittees of the Parcels, shall be benefited and burdened by the following
nonexclusive and perpetual easements which are hereby imposed upon the Parcels and all present and
future Owner's and Permittees of the Parcels:
73068100.5 3

klilflilllIIJIlllllllllllllllilillll 83575.P1088unswick Coon! t3 36 32 002
Y, NC Register of Deeds age ens PROP
page 5 of 52
(a) The Owner of each Parcel hereby grants to the other Owner and its Occupants, a
perpetual non-exclusive easement appurtenant over the granting Owner's Parcel, except within any areas
designated as either the Food Lion Building or as the Permissible Building Areas on the Site Plan, for the
installation, use, operation,maintenance, repair, replacement, relocation and removal of Common Utility
Facilities and Separate Utility Facilities serving the Parcel of the Grantee, including without limitation
any Common Utility Facilities and/or Separate Utility Facilities installed by any public utility companies
and/or governmental agencies. All Separate Utility Facilities installed in the Common Area, whether
installed under this section or otherwise, and all Common Utility Facilities, shall be underground if
reasonably possible and the location of all Utility Facilities shall be either (i) in the locations shown on
the Site Plan (including any areas on the Site Plan described as "proposed" or with similar descriptions),
or(ii)in such other locations as may be reasonably acceptable to the Owner across whose Parcel the same
are to be located. Such reasonable approval may include considerations associated with interference of an
Owner's operations, including, without limitation, any interference associated with future maintenance of
the Utility Facilities contained within such easement. Upon request by Grantor, Grantee shall provide to
Grantor a copy of an as-built survey and/or other reasonably satisfactory evidence showing the location of
all Utilities Facilities hereafter installed on the Grantor's Parcel herein by Grantee.
Except as otherwise provided in this Declaration, the Grantee of any easement for
Separate Utility Facilities shall be responsible, as between such Grantee and the Grantor, for the
installation, maintenance, repair and removal, at such Grantee's cost and expense, of all Separate Utility
Facilities installed by the Grantee pursuant to the easement grant, as well as for all Separate Utility
Facilities installed by the Grantee on its own Parcel. Any such installation, maintenance, repair,
replacement, relocation and removal of Separate Utility Facilities shall be performed by Grantee only
after thirty(30)days advance written notice to Grantor of Grantee's intention to do such work. However,
in the ease of an emergency, any such work may be immediately performed after giving such advance
notice to Grantor as is practicable under the circumstances. In addition, all such installation,
maintenance, repair and removal shall be performed in a manner that causes as little disturbance to
Grantor(and its Occupants)as may be practicable under the circumstances and any and all portions of the
surface area of Grantor's Parcel which may have been excavated, damaged or otherwise disturbed as a
result of such work shall be restored, at the sole cost and expense of Grantee, to essentially the same
condition as the same were in prior to the commencement of any such work.
The Grantor of any easement for Separate Utility Facilities under this Section 2.01(a)
may use the Utility Facilities installed on its Parcel pursuant to such easement; provided, however, that
the increase in costs incurred in order to make such Utility Facilities adequate to serve Grantor's
additional use shall be borne by such Grantor; and provided, further, that Grantor complies with the
requirements of items (i)-(ix)set forth below.
The Grantor of any easement under this Section 2.01(a) may relocate on its Parcel any
Separate Utility Facilities or Common Utility Facilities installed thereon by any Grantee under any
easement granted by it hereunder; provided,however,that such relocation:
(i) may be performed only after Grantor has given each Grantee (and/or to
any public utility company, if applicable) thirty (30) days' advance written notice of its intention to
relocate such facilities, except in case of emergencies, in which case Grantor shall give Grantee (and/or
any public utility company, if applicable) such advance notice as is practicable under the circumstances;
(ii) shall not interfere with or diminish the utility services to any Grantee
(however,temporary interferences with and diminutions in utility services shall be permitted if they occur
during the non-business hours of the Grantee or its Occupants), and Grantor shall promptly reimburse
73068100.5 4

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IIIIII II 1111.111111Ii 111111 IDI III 3e5:5 P1O89 m ion$ 3220 PROP
Brunswick County, NC Register of Deeds page 6 of 52
Grantee for atl costs, expenses and losses incurred by Grantee as a result of such interferences or
diminutions,or both;
(iii) shall not reduce or unreasonably impair the usefulness or function of the
facilities in question;
(iv) shall be located underground, if reasonably possible;
(v) shall be performed in a good and workmanlike manner without cost or
expense to Grantee;
(vi) shall be performed pursuant to plans approved by (A) Grantee, in its
reasonable discretion(such reasonable discretion to include those items set forth in the first paragraph of
Section 2.01(a) above), and (B) if required, the utility company or governmental or quasi-governmental
agency providing such service;
(vii) shall be performed using materials and designed standards which equal
or exceed those originally used;
(viii) shall comply with all Laws;and
(ix) except in the event of an emergency, shall not be carried on during the
period from November 1 through the next succeeding January 15,or on any weekends.
Upon relocating any Utilities Facilities as permitted herein, the Grantor shall provide to
the Grantee (and/or to the public utility company, if applicable) an"as built" survey or other reasonable
evidence reflecting the location of the relocated Utilities Facilities. The easement rights granted herein
shall include a right of ingress and egress for purposes of access to all Utility Facilities subject to
easement rights granted herein. Each Grantor shall have the right to use any surface area subject to any
easement granted herein for purposes not inconsistent with the easement grant,which grant shall include a
covenant that such Grantee shall not unreasonably interfere with the Grantor's occupancy and use of its
Parcel.
The indemnity obligations of each Owner under Section 5.01 below shall be applicable to
the exercise of the rights set forth herein by Grantor and/or Grantee.
(b) The Owner of each Parcel hereby grants, establishes, covenants and agrees that
the Parcels, and all Owners and Permittees of the Parcels, as applicable, shall be benefited and burdened
by a non-exclusive, perpetual, reciprocal easement appurtenant for vehicular and pedestrian access,
ingress and egress over all paved driveways, roadways and walkways as presently or hereafter
constructed and constituting a part of the Common Areas of any Parcel so as to provide for the passage of
motor vehicles and pedestrians between all portions of the Common Areas of such Parcels intended for
such purposes,and to and from all abutting streets or rights of way furnishing access to such Parcels.
(c) The Owner of the Outparcel designated as "Outparcel 5", together with the
Occupants and the respective employees, agents, contractors, customers, and invitees of such Owner
and/or Occupants, shall have the right to use the parking spaces contained on any other Owner's Parcel.
The Owner of the Food Lion Property, together with the Occupants and the respective employees,agents,
contractors, customers, and invitees of such Owner and Occupants, shall have the right to use the parking
spaces contained within Outparcel 5.
73068100.5 5

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Brunswick County, NC Register of Deeds page 7 of 52 .
Except as set forth herein, no other Owner,nor its Permittees, shall have the right to use
the parking spaces located on another Owner's Parcel,unless such other Owner separately grants consent
to the grant of such parking rights in writing. In such event,the Owner granting such parking rights shall
have the right to unilaterally execute and record an amendment to this Declaration reflecting the grant of
such parking rights.
(d) Each Owner hereby grants to the other Owners a temporary, non-exclusive
easement for access and passage over and across the Common Areas of each Parcel as shall be reasonably
necessary for the construction, maintenance, repair and/or replacement of any improvements included
within the easement rights granted under this Declaration; provided, that the easement set forth in this
Section 2.01(d) shall be in effect only during such periods when actual construction and/or maintenance,
repair and/or replacement is being performed. With respect to any work performed by any Owner under
this Declaration on the Parcel of any other Owner, the Owner performing such work shall promptly, after
completion of such work,restore all portions of the other Parcel that were affected by the performance of
such work to substantially the same condition that existed prior to the performance of such work.
(e) With respect to the pylon sign to be located on the Food Lion Property in the
location designated as "Pylon Sign#1" on the Site Plan (the"Pylon Sign"), the Owner of the Food Lion
Property shall have the right to maintain a sign panel on the Pylon Sign for the benefit of the Food Lion
Property(the"Food Lion Property Panel"), which Food Lion Property Panel shall contain at least eighty
percent (80%) of the aggregate square footage of all sign panels permitted by applicable governmental
authorities to be maintained on the Pylon Sign. Declarant also grants and conveys a perpetual sign
easement, for the benefit of Declarant's Remaining Property (but excluding those Outparcels designated
as "Outparcel 3" and "Outparcel 4" on the Site Plan), to place two (2) sign panels upon the bottom,
remaining twenty percent (20%) portion of the Pylon Sign(the"Declarant Remaining Property Panels").
The rights granted and/or reserved by Declarant herein shall include the rights of reasonable access over
and across the Parcel on which the Pylon Sign is located for purposes of maintaining, repairing, and/or
replacing any sign panels contained on the Pylon Sign, and a right of reasonable access over and across
all Parcels on which any Utilities Facilities serving the Pylon Sign are located, for purposes of installing,
using, operating, maintaining, repairing and/or replacing such Utilities Facilities (provided, that the
exercise of such rights with respect to Utilities Facilities shall remain subject to the terms and conditions
of Section 2.01(a)above).
Each Owner shall the right to subdivide and/or otherwise reconfigure its respective sign panel in
such manner as such Owner in its sole discretion may determine. In addition, without the consent of all
Owners who have the right to maintain a panel on the Pylon Sign, the Pylon Sign shall not be materially
altered or modified. Upon the grant by any Owner of the right to any Occupants to use any portion of
such Owner's panel on the Pylon Sign, such Owner shall have the right to unilaterally execute and record
an amendment to this Declaration setting forth the terms and conditions of such rights.
The Owner of the Food Lion Property shall be responsible, at its sole cost and expense, for
constructing the Pylon Sign; provided, that all the Owner(s) who place a panel thereon shall pay for the
cost of purchasing, fabricating, and installing such panel, and the cost of maintenance, repair,
replacement, and eventual removal of such panel. Such Owner shall submit to Declarant plans and
specifications for the Pylon Sign (including color, design, dimensions, type, and lighting) prior to
construction thereof for Declarant's approval, which approval shall not be unreasonably withheld,
conditioned or delayed.
Section 2.02. Reasonable Use of Easements. The easements herein above granted shall be
used and enjoyed by each Owner and its Permittees in such a manner so as not to unreasonably interfere
with, obstruct or delay the conduct and operations of the business of any other Owner or its Permittees at
73068100.5 6

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er of
Brunswick County, NC egist carats"' paemme8onof 52s PROP
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any time conducted on its Parcel, including, without limitation, public access to and from said business,
and the receipt or delivery of merchandise in connection therewith. Except as otherwise set forth in this
Declaration,all easement rights shall be exercised by each Owner at its sole cost and expense.
Section 2.03. No Barrier Agreement. No barriers, fences, grade changes or other obstructions
shall be erected so as to impede or interfere in any way with the free flow of vehicular and pedestrian
traffic between those portions of the Shopping Center from time to time devoted to pedestrian access,
vehicular roadways or parking area, or in any manner unreasonably restrict or interfere with the use and
enjoyment by any of the Owners of the rights and easements created by this Article II unless temporarily
required by applicable Laws or any Owner's insurance carrier. The preceding sentence shall not prohibit
the reasonable designation and relocation of traffic and pedestrian lanes,provided that any such relocation
of traffic and/or pedestrian lanes shall remain subject to the remaining terms and conditions of this
Declaration. In addition, each Owner may temporarily close or block traffic on its Parcel for the time
necessary for the purpose of protecting ownership rights and preventing creation of easements to the
public and unrelated third parties(provided,however,that prior to closing off any portion of the Common
Area, as herein provided,such Owner shall give fifteen(15)days prior written notice to each other Owner
of its intention to do so and shall attempt to coordinate such closing with each other Owner, so that no
unreasonable interference in the passage of pedestrians or vehicles shall occur), and may temporarily
fence off portions of its Parcel as reasonably required for the purpose of repair, construction and
reconstruction.
ARTICLE III
RESTRICTIONS
Section 3.01. Restrictions Upon Declarant's Remaining Property.
(a) Neither Declarant nor any Affiliates (defined below) of Declarant (collectively
"Declarant Parties") shall lease,use or permit to be used,directly or indirectly, any portion of Declarant's
Remaining Property and/or any property owned by the Declarant Parties within a one (1) mile radius of
Declarant's Remaining Property (together, the "Restricted Declarant Parties Properties"), in whole or in
. part, for any of the uses or the sale of any of the products Iisted below, except as otherwise provided
herein:
(i) For the operation of a supermarket, grocery store,natural or health foods
store,warehouse food store or convenience food store;
(ii) For the operation of a bakery, delicatessen, meat market or specialty
foods store;
(iii) For the sale of food or food products(whether fresh, refrigerated, frozen,
processed or prepared) intended for consumption away from the premises on which they are sold,
including, without limitation, canned goods, fruit, vegetables, produce, seafood, meat, poultry, dairy
products(excluding cone ice cream),bakery products,prepared meals, soups and salads,grocery items,or
any one or combination of the foregoing(provided that prepared foods ready and intended for immediate
consumption sold for takeout by customers by restaurants permitted hereunder shall not be deemed a
violation of this restriction);
(iv) For the sale of tobacco or tobacco products;
73068100.5 7

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Brunswick County, NC Register of' Deeds page 9 of 52
(v) For the sale of fresh flowers, floral arrangements, green or blooming
plants, gift items and other floral merchandise, bedding plants, tropical green plants,pumpkins during the
Halloween season,or Christmas trees during the Christmas season;
(vi) For the sale of beer, wine and package liquors for off-premises
consumption(except for (i)packaged liquors sold by a governmentally-owned facility and/or(ii)the sale
by restaurants of beer and wine on a "take home" basis, i.e. beer or wine opened at the table during a
customer's meal but not completely consumed during the meal);
(vii) For the operation of a drugstore, pharmacy, nutritional supplements
store, or a store primarily engaged in the sale of health and beauty aids (for the purposes hereof, a
"pharmacy" shall mean any store, or department or counter within a store, which sells prescription
medicines or drugs or any items requiring the presence of a registered pharmacist);
(viii) For the operation of a discount or variety store, or a so-called "dollar
store" or store primarily engaged in the sale of merchandise that is promoted for sale and priced at one
dollar or at fixed amounts,such as Dollar`free,Family Dollar or a Dollar General stores; or
(ix) For any combination of the foregoing.
For purposes of this Article III, a"Affiliate" of Declarant shall mean(A)as to any individual person, any
member of such person's immediate family, or any legal representative,trustee or fiduciary for the benefit
of such person or family member; and (A) as to any other party, either(1) any member, director, officer,
principal or trustee of such party, or(2) any person, partnership, corporation, limited liability company,
trust or other entity, either of which now or hereafter or indirectly controls,or is controlled by,or is under
common control with such party. For purposes hereof, "control" means the power to direct or cause the
direction of the management and policies of an entity through the exercise of voting rights, by contract or
otherwise.
(b) Notwithstanding the foregoing, the following shall be permitted on each of(1)
Declarant's Remaining Property and (2) any other properties contained within the Restricted Declarant
Parties Properties other than Declarant's Remaining Property:
(i) One(1) ice cream or yogurt store, and one(1) candy store, provided that
no such store shall exceed 1,200 square feet of Floor Area.
(ii) Restaurants meeting the requirements of Section 3.02 below, including
without limitation "take-out" restaurants selling food ready and intended for immediate consumption
(such as but not limited to a hamburger restaurant, deli-style sandwich shop, pizza shop, or coffee &
donut shop); provided that no such restaurant shall sell so-called prepared meals, "home meal
replacement" meals or other food items which are not ready or intended for immediate consumption(for
example, meals or entrees intended to be taken home and heated or further prepared prior to
consumption).
(iii) One(1) gas station; provided that the sale of incidental amounts of food,
beverages and grocery items relating to such primary use shall be limited to not more than an aggregate of
one hundred (100) linear feet of shelving, cooler or other display fixtures (measured along the floor or
front and not along each individual shelf) for such items, excluding individual units of gum, candy bars,
etc. displayed for sale on racks located on check-out counters at the registers.
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(iv) One (1) drug store, pharmacy or a store primarily engaged in the sale of
health and beauty aids, either as a separate store or structure or as a department or section within a store
or structure; provided, however, no more than two thousand (2,000) square feet of Floor Area of such
store or structure may be used for the sale of food or food-related products(which may include the sale of
beer and wine within such 2,000 square feet), or such lesser amount as provided below, provided the
Floor Area of such store or structure is at least 10,000 square feet, and if the Floor Area of said store or
structure is less than 10,000 square feet, no more than ten percent (10%) of the total Floor Area of such
store or structure may be used for the sale of such food or food related products. In addition, the Owner
of the Food Lion Property may, from time to time have written agreements with certain national
pharmacy chains which deviate from the restrictions on food and food related products contained in this
Section 3.01(b)(iv), such pharmacy tenant shall be permitted to sell food or food related products at its
premises in accordance with its then existing agreement with such Owner.
(v) A coffee shop, bagel shop or donut shop (such as, but not limited to, a
Panera Bread,Tim Hortons,Dunkin Donuts,etc.).
(c) If the Food Lion Building is no longer used primarily for purposes of a
supermarket for a period in excess of twelve(12) consecutive months (excluding temporary cessations of
operation arising as a result of casualty, condemnation, alterations, or remodeling, or an event of force
majeure)["Temporary Closures"], then from and after the expiration of such one (1) year period, the
restrictions set forth in items(ii) (with respect to a bakery only), (iv), (v),and(vi)of Section 3.2(a)above
shall terminate and be of no further force or effect with respect to the Restricted Declarant Parties
Properties.
(d) No Owner of any Parcel within Declarant's Remaining Property shall lease, use
or permit to be used, directly or indirectly, any portion of such Owner's Parcel for a primary purpose
which would duplicate the primary purpose of any Occupants in those portions of the Food Lion Property
other than the Food Lion Building which either(A)are then open and operating or(B)have then executed
a lease or occupancy agreement with such Owner, provided that such Occupant does, in fact, open for
business within two hundred seventy (270) days after the date of execution of such lease or occupancy
agreement (excluding any failure to initially open as a result of Temporary Closures) (the "Existing
Occupants Primary Uses"),which restriction shall remain in full force and effect until the earlier to occur
of either(A) the date on which the lease and/or occupancy agreement with any such Occupant expires or
otherwise terminates,or(B)the date on which any such Occupant has ceased using in its premises for the
Existing Occupants Primary Uses for a continuous period in excess of ninety(90) days, for reasons other
than Temporary Closures.
(e) Notwithstanding anything to the contrary set forth in Section 3.01(a) above, with
respect to any properties (other than any other Restricted Declarant Parties Properties) owned or
controlled by either(i) a purchaser of any of the Restricted Declarant Parties Properties, which is not an
Affiliate of any of the Declarant Parties, or (ii) a mortgagee of any of the Restricted Declarant Parties
Properties, at the time such purchaser and/or mortgagee acquired title to any or all of the Restricted
Declarant Parties Properties, the use of any premises within any such properties for purposes permitted
under any leases and/or occupancy agreements in effect as of the date such purchaser and/or mortgagee
acquire title to the applicable Restricted Declarant Parties Properties shall not be deemed a violation of
Section 3.01(a) above, but the restrictions contained in Section 3.01(a) above shall bind such properties
from and after the date of such acquisition by such purchaser and/or mortgagee.
Section 3.02. Retail, Service and Similar Stores; Prohibited Uses. The Shopping Center shall
be used only for retail uses (provided that, for Lot 2 only, and not for any other Parcel, such permitted
uses may include temporary lodging purposes, such as a motel or hotel) and for services customarily
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found in neighborhood shopping centers. Without limiting the foregoing, no Owner shall operate or lease
(or permit to be operated or leased)any Building or other area in its Parcel for any of the following uses:
(a) Any noxious or offensive activity;
(b) Any use which involves the raising, breeding or keeping of any animals or
poultry;
(c) Any industrial uses, including, without limitation, any manufacturing, mining,
smelting,rendering,brewing,refining,chemical processing or other manufacturing uses;
(d) Any bar or establishment that sells alcoholic beverages for on-premises
consumption,other than by a restaurant as expressly provided herein;
(e) Any facility for the sale or lease of motor vehicles,trailers or mobile homes;
(f) Any flea market;
(g) Any use which may require water and sewer services in excess of the capacities
allocated to the Shopping Center by any governmental authority;.
(h) Any church,temple, synagogue,mosque or other religious use;
(i) Any facility for the sale of paraphernalia for use with illicit drugs;
(j) Any facility for the sale or display of x-rated, lewd or pornographic material
(excepting materials typically displayed in family video stores and supermarkets);
(k) Any massage parlor(excluding therapeutic massage services or massage services
offered for non-sexual purposes[such as,but not limited to, stores such as Massage Envy]), funeral home,
or gambling or off-track betting parlor;
(1) Any fairs, carnivals, circuses, amusement parks, car shows, shows or sales by
merchants utilizing vehicles or booths, and similar forms of public entertainment (or parking for any of
the foregoing);
(m) Any use which violates any applicable Laws; or
(n) Any dangerous or unsafe uses.
Section 3.03. Parking Intensive Uses. No Building located within any portion of the Shopping
Center designated as the "Protected Area" on the Site Plan (the "Protected Area") shalI be occupied by
any restaurant, office building, child care center, entertainment or recreational facility(as defined below),
training or educational facility (as defined below), establishment which sells alcoholic beverages for
on- or off-premises consumption or any other facility at which customers or other users routinely park
their cars for more than two (2) hours; provided, however, that one (1) restaurant, not to exceed two
thousand one thousand two hundred (1,200) square feet of Floor Area, shall be permitted within both of
those portions of both Declarant's Remaining Property and the Food Lion Property which are contained
within the Protected Area, so long as each such restaurant does not sell alcoholic beverages, other than
beer and wine for on-premises consumption not exceeding thirty percent (30%) of the total restaurant
sales, and such restaurant otherwise meets the requirements for any restaurants in the Shopping Center
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contained in this Article III. As used herein, "entertainment or recreational facility" means a facility
whose primary purpose is the provision of entertainment or recreational services, including but not
limited to, a bowling alley, skating rink, theater, banquet hall, auditorium, billiard room, health spa,
fitness club, gymnasium, bingo parlor, amusement arcade, carnival, circus or other place of public
amusement; and "training or educational facility" means a facility which provides primarily educational
or training services, including without limited to, a beauty school, barber college, reading room, place of
instruction,or any other operation catering primarily tb students or trainees rather than to customers.
To they extent permitted under applicable Laws, each Owner shall prohibit parking at the
Shopping Center by persons not visiting the Shopping Center as customers, employees, suppliers, or
contactors, and shall use commercially reasonable efforts to enforce such restriction.
As used herein, the "Parking Requirement" shall be a minimum ratio of(i) five (5) automobile
spaces per one thousand (1,000) square feet of Floor Areas on each of the Outparcels in the Shopping
Center, and(ii) five(5) automobile spaces per one thousand(1,000) square feet of Floor Areas in the rest
of the Shopping Center (not including the Outparcels); provided, however, in any event the number of
parking spaces on each of the Outparcels and in the rest of the Shopping Center shall not be less than the
number and size.required under applicable Laws. The "Parking Requirement" shall include .enough
spaces for the disabled with proper signage and striping to satisfy all applicable Laws.
A restaurant shall be permitted within any Outparcel, so long as alcoholic beverage sales (for
on-premises consumption) do not exceed fifty percent (50%) of the total restaurant sales, and such
restaurant otherwise meets the requirements for restaurants in the Shopping Center contained in this
Article III.
Section 3.04. Building Height,Area,and Sight Line Limitations.
(a) Any Building to be constructed within those portions of Declarant's Remaining
Property designated as the"Restricted Properties" on the Site Plan(the "Restricted Properties") shall not
(i) be more than twenty-five (25) feet in height above the finished first floor level of the Building to be
constructed on the Food Lion Property and designated as the"Food Lion Building" on the Site Plan(the
"Food Lion Building"), or (ii) include any architectural features or elements above the roof level of the
Food Lion Building which are more than thirty (30) feet in height above the finished first floor level of
the Food Lion Building, but only so long as such architectural features or elements do not materially
interfere with the view of the Food Lion Building from Route 133 (as shown on the Site Plan).
(b) No signs, poles, banners or similar items shall be permitted at the Shopping
Center.
(c) All Buildings in the Shopping Center shall be constructed only within either the
area designated as "Food Lion Building"on the Site Plan and/or within the "Permissible Building Area"
as shown on the Site Plan.
(d) With respect to those Outparcels designated as "Outparcel 3" and"Outparcel 4"
on the Site Plan:
(i) No walls of Buildings shall be located (A) within forty (40) feet of the
northern boundary of the "Main Access Drive" for the Shopping Center as shown on the Site Plan, (B)
within thirty(30)feet of the southern boundary of the Main Access Drive, or(C)within thirty(30)feet of
the southern boundary of the"Proposed Right-In Driveway"on the Site Plan; and
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(ii) The aggregate frontage (i.e., the side of any Building parallel to Route
133,whether consisting of the front or rear side of any Building)of all Buildings within Outparcel 3 shall
not exceed an aggregate of three hundred (300) lineal feet, measured north to south(i.e., if a rectangular
Building has a front and rear wall which are both parallel to Route 133 and of the same length, then for
purposes of this Section 3.04(d)(ii),such calculation shall include only the length of one wall and not both
[example: if such Building had a front and rear elevation of 80 feet, then for purposes of this Section
3.04(ii), such Building shall be deemed to contain 80 feet of lineal frontage,not 160 feet]).
Nothing contained herein shall be deemed to limit the construction of other improvements within the
setback areas contained within this Section 3.04(d) other than the walls of any Building, and all other
improvements (such as sidewalks, landscaping, parking areas, curbs, etc.) are permitted within the
Permissible Building Area on Outparcel 3.
Section 3.05. Parking on Outparcels. Each Outparcel must contain a sufficient number of
parking spaces within its boundaries such that the parking ratio meets the Parking Requirements
(provided, however, that for any adjacent Outparcels created out of those Outparcels designated as
"Outparcel 3"on the Site Plan, the parking ratio for such adjacent Outparcels may, in the aggregate,meet
the Parking Requirement, if such adjacent Outparcels have cross-parking rights over each other), or (ii)
that required by applicable zoning requirements.
Section 3.06. Changes to Common Areas. Each Owner shall have the right to alter,modify,or
reconfigure the Common Areas contained on its Parcel, subject to the terms and conditions of this
Declaration, and provided that (a) in no event shall any changes be made to those portions of the
Shopping Center designed as the "Primary Access Drives" on the Site Plan (the "Primary Access
Drives"), (b) in no event shall the Pylon Sign location be changed without the approval of all Owners who
have the right to maintain a panel on the Pylon Sign (such approval not to be unreasonably withheld,
conditioned or delayed), (c) in no event shall any change in any Common Areas increase storm water
drainage to any storm water detention areas contained within the Shopping Center without the approval of
all other Owners who also use such storm water detention areas, and (d) any changes to any Utilities
Facilities shall be subject to the terms and conditions of Section 2.01(a) above, including, without
limitation,those conditions in Section 2.01(a)associated with the relocation of Utility Facilities.
ARTICLE IV
MAINTENANCE
Section 4.01. General. Until such time as improvements are constructed on a Parcel, the
Owner thereof shall maintain the same in a clean and neat condition and shall take such measures as are
necessary to control grass,weeds,blowing dust,dirt,litter or debris.
Section 4.02. Buildings and Appurtenances Thereto. Each Owner covenants to keep and
maintain,at its sole cost and expense,the Building(s)located from time to time on its respective Parcel in
good order, condition and repair. Once constructed, in the event of any damage to or destruction of a
Building on any Parcel, the Owner of such Parcel shall, at its sole cost and expense, with due diligence
either(a) repair,restore and rebuild such Building to its condition prior to such damage or destruction (or
with such changes as shall not conflict with this Declaration), or(b) demolish and remove all portions of
such damaged or destroyed Building then remaining, including the debris resulting therefrom, and
otherwise clean and restore the area affected by such casualty to a level,graded condition.
Section 4.03. Common Area.
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(a) Except as otherwise set forth herein, each Owner covenants at all times during
the term hereof to operate and maintain or cause to be operated and maintained at its expense all Common
Area located on its Parcel in good order, condition and repair. Following the construction of
improvements thereon, maintenance of Common Area shall include, without limitation, maintaining and
repairing the surface of the parking and roadway areas,removing all papers, debris and other refuse from
and periodically sweeping all parking and road areas to the extent necessary to maintain the same in a
clean, safe and orderly condition, and performing any and all such other duties as are necessary to
maintain such Common Area in a clean, safe and orderly condition.
•
(b) Notwithstanding anything to the contrary set forth in Section 4.03(a) above, the
Owner of the Food Lion Property (the "Shared Maintenance Owner") shall operate all Common Areas
within, and shall perform all required maintenance, repair and/or replacement of the Common Areas
(including the cost of all utilities serving the Common Areas) contained within, both the Food Lion
Property and Outparcel 5 (such aggregate Common Areas are referred to herein as the "Shared
Maintenance Common Areas"), in accordance with the standards of maintenance set forth in this
Declaration.
For purposes of this Section 4.03, the"Shared Common Area Maintenance Costs" shall _
mean all out-of-pocket costs and expenses incurred by the Shared Maintenance Owner in operating,
maintaining, repairing, and/or replacing the Shared Maintenance Common Areas, including costs of
maintaining, repairing, and/or replacing parking areas, costs of snow and ice removal, costs of trash
removal, costs of utilities consumed in the performance of such obligations, costs of maintaining,
repairing, and/or replacing Common Utilities Facilities, costs of maintaining, repairing, and/or replacing
landscaping, and similar expenses.
(c) Each Owner shall contribute to the Shared Common Area Maintenance Cost as
follows:
(i) Each Owner of a Parcel, other than any Parcel contained within the Food
Lion Property or Outparcel 5, shall pay to the Shared Maintenance Owner its Fixed Parcel Contribution
(as defined below), commencing from and after the date on which the first Building on such Owner's •
Parcel first opens for business (each such Owner shall be referred to herein as a "Fixed Parcel
Contribution Owner"). For the calendar year in which such Building first opens for business, each Fixed
Parcel Contribution Owner shall pay to the Shared Maintenance Owner a pro rata portion of its Fixed
Parcel Contribution,which portion shall be a fraction,the numerator of which shall be the number of days
within such calendar year from and after the date on which such Building initially opened for business,
and the denominator of which shall be 365. For every calendar year thereafter, such Fixed Parcel
Contribution Owner shall pay to the Shared Maintenance Owner its Fixed Parcel Contribution on or
before January 30 of each such calendar year.
For purposes of this Section 4.03(c), a "Fixed Parcel Contribution" shall mean an
annual sum, payable in advance for each calendar year for which each Fixed Parcel Contribution Owner
is required to pay such Fixed Parcel Contribution, (i) initially, commencing with calendar year 2015,
equal to the product of(A) $3,000 and (B) the acreage contained within the applicable Parcel owned by
the Fixed Parcel Contribution Owner, and(ii)commencing with calendar year 2020, and for each five(5)
calendar year period thereafter, such annual Fixed Parcel Contribution shall be increased by ten percent
(10%). As an example, assume a Building opened in calendar year 2014 on a 1.0 acre Parcel owned by a
Fixed Parcel Contribution Owner; the annual "Fixed Parcel Contribution" for such Fixed Parcel
Contribution Owner would be (1) the annual amount of $3,000 for calendar years 2015-2019, (2) the
annual amount of $3,300 for calendar years 2020-2024, (3) the annual amount of$3,630 for calendar
years 2025-2029, etc.
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Each of the Owners of Outparcel 5 and all Parcels contained within the
Food Lion Property (the "Pro Rata Parcel Contribution Owners") shall pay a pro rata share of the
remaining Shared Common Area Maintenance Costs, after deduction for the aggregate amount of all
Fixed Parcel Contributions due and payable by all other Fixed Parcel Contribution Owners under Section
4.03(b)(i) above, based upon the respective Floor Area contained within all Buildings in their respective
Parcels; provided that no Pro Rata Parcel Contribution Owner shall have any obligation to commence
paying any such share herein until such time as the first Building initially opens for business in the Parcel
of such Pro Rata Parcel Contribution Owner. The contribution to be made by each Pro Rata Parcel
Contribution Owner under this Section 4.03(c)(ii) shall be referred to herein as the "Pro Rata Parcel
Contribution".
Not less than thirty (30) days prior to the beginning of each calendar year, the
Shared Maintenance Owner shall submit to each Pro Rata Parcel Contribution Owner a budget setting
forth the estimated Shared Common Area Maintenance Costs for such next calendar year,which shall set
forth the anticipated Shared Common Area Maintenance Costs in reasonable detail. Such proposed
budget shall be subject to the approval of all Pro Rata Parcel Contribution Owners. If any such Pro Rata
Parcel Contribution Owner shall disapprove the budget, then all Pro Rata Parcel Contribution Owners
shall cooperate in good faith to agree upon any revisions to such budget. If, after the approval of any
budget, the Shared Maintenance Owner shall determine during the current calendar year that Shared
Common Area Maintenance Costs are expected to increase by more than ten percent (10%) above the
expected Shared Common Area Maintenance Costs set forth in the approved budget, the Shared
Maintenance Owner shall deliver written notice thereof to all Pro Rata Parcel Contribution Owners, and
shall deliver reasonably detailed information setting forth the reason for such increase.
During each calendar year, each Pro Rata Parcel Contribution Owner shall pay a
monthly sum to the Shared Maintenance Owner, on the first day of each calendar month during each
calendar year, an amount equal to one-twelfth (1/12) of the estimated Pro Rata Parcel Contribution for
such Pro Rata Parcel Contribution Owner as set forth in the approved budget.
Within ninety (90) days after the end of each calendar year, the Shared
Maintenance Owner shall provide to all Pro Rata Parcel Contribution Owners an annual accounting for all
Shared Common Area Maintenance Costs incurred during the preceding calendar year, together with
reasonably sufficient information verifying such Shared Common Area Maintenance Costs. If the amount
paid by any Pro Rata Parcel Contribution Owner shall have exceeded its share, the Shared Maintenance
Owner shall refund the excess to such Owner at the time such annual statement is delivered to such
Owner; or, if the amount paid by any Pro Rata Parcel Contribution Owner shall be less than its required
Pro Rata Parcel Contribution, then such Pro Rata Parcel Contribution Owner shall pay the balance of its
Pro Rata Parcel Contribution to the Shared Maintenance Owner within thirty (30) days after receipt of
such annual statement.
Within two (2) years after receipt of any annual statement, any Pro Rata Parcel
Contribution Owner shall have the right to review the books and records of the Shared Maintenance
Owner to verify the Shared Common Area Maintenance Costs previously paid by such Pro Rata Parcel
Contribution Owner. If such review shall disclose any error in the allocation of any Shared Common
Area Maintenance Costs,then an appropriate adjustment shall be made between the Shared Maintenance
Owner and such Pro Rata Parcel Contribution Owner, If the Shared Maintenance Owner shall disagree
with the results of any such review by any Pro Rata Parcel Contribution Owner, then the Shared
Maintenance Owner and the applicable Pro Rata Parcel Contribution Owner shall cooperate in good faith
to resolve such dispute. If the parties are unable to resolve such dispute, then such dispute shall be
determined by an accountant, mutually acceptable to the Shared Maintenance Owner and the applicable
Pro Rata Parcel Contribution Owner, and the decision of such accountant shall be binding upon the
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parties. The cost of any such accountant shall be shared equally by the Shared Maintenance Owner and
the applicable Pro Rata Parcel Contribution Owner.
(d) Once constructed, in the event of any damage to or destruction of all or a portion
of the Common Area on any Parcel,the Owner of such Parcel shall with due diligence repair,restore and
rebuild such Common Area to its condition prior to such damage or destruction(or with such changes as
shall not conflict with this Declaration); provided that, so long as such repairing Owner has carried the
insurance required under Section 5.02(b) below, then if the proceeds of such insurance payable to the
repairing Owner are insufficient to permit such Owner to complete such repairs and/or restoration, then
any such repairing Owner shall be entitled to reimbursement from all other Owners who then have a
Building on their respective Parcel on a pro rata basis, based upon the respective Floor Area contained
within all such Buildings of all such Owners.
Section 4.04. Construction Requirements. Every Building(including its appurtenant Common
Area improvements), now or in the future constructed on any Parcel shall be constructed, operated and
maintained so that the same is in compliance with all applicable Laws.
Any exterior construction performed on any Parcel shall, except in the event of emergency,
casualty, or condemnation or as may be required to comply with applicable Laws, be performed only
during the hours of 7:00 a.m. — 8:00 p.m. Nothing contained herein shall be deemed to limit the right of
any Owner (or its Permittees) to perform interior construction at any time. In addition, during the
performance of such construction on any Parcel, the Owner(and/or its Permittees)performing such work
shall use reasonable efforts to avoid adversely affecting the respective rights granted to each Owner(and
its Permittees) under Article II of this Agreement, provided that such Owner(and/or its Permittees) shall
have the right to temporarily block access through any access drives contained within such Parcel of such
Owner in connection with any work being performed within such driveways (provided that (i) such
Owner and/or its Permittees shall use reasonable efforts to minimize the period of such blockage, and (ii)
to the extent possible, reasonable access through such driveways, or an alternative access route, shall at
all times be provided).
Section 4.05. Liens. If any mechanic's lien is filed against the Parcel of any Owner as a result
of services performed and materials furnished for the use of another Owner (and/or its Pennittees), the
Owner permitting or causing such lien to be so filed shall cause such lien to be discharged within thirty
(30) days after written notice thereof, and shall indemnify, defend, and hold the other Owner (and its
Permittees)harmless from any liability,loss,damage, costs or expenses arising as a result of such lien.
Section 4.06. Pylon Sign Maintenance. The Owner of the Food Lion Property shall perform all
required maintenance, repairs, and replacements of the Pylon Sign (including costs of electricity to light
the Pylon Sign, if applicable),provided that each Owner which maintains a panel on the Pylon Sign shall
be responsible, at its sole cost and expense, for all costs of fabricating,purchasing, installing,maintaining,
repairing and/or replacing its individual sign panel in the manner set forth in Section 2.01(e)above. Each
Owner which maintains a sign panel on the Pylon Sign shall pay its "pro rata share" of the cost incurred
by the Owner of the Food Lion Property in performing its obligations herein, which costs shall be paid to
such Owner within thirty (30) days after receipt of written request therefor, together with reasonably
satisfactory evidence of such costs and expenses. For purposes of this Section 4.06 only, the "pro rata
share" of each Owner shall be a fraction, the numerator of which shall be the square footage of the sign
panel maintained by such Owner on the Pylon Sign, and the denominator of which shall be the aggregate
square footage of all panels maintained on the Pylon Sign.
Section 4.07. Lighting. Each Owner shall keep all Common Areas open and well lighted
during the periods of not less than one (1) hour prior to dawn and one (1) hour after dusk (and including
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such additional hours for which any Occupant of such Owner's Parcel is open for business). Upon
request by any Owner,the Owner of the Food Lion Property shall cause the Common Areas on the Food
Lion Property to be lit for such additional hours as may be requested, so long as such requesting Owner
agrees to pay all costs associated with such extended lighting.
Section 4.08. Legal Compliance. Each Owner shall cause its Parcel to comply with all
applicable Laws. Each Owner shall pay all taxes, assessments, or charges of any type levied or made by
any governmental body or agency with respect to its Parcel.
Section 4.09. Building Signs. All signs contained on any Building on any Parcel shall comply
with all Laws and with the sign criteria attached hereto and made a part hereof as Exhibit E.
ARTICLE V
INDEMNITY AND INSURANCE
Section 5.01. Indemnity;Waiver.
(a) The Owner of each Parcel shall indemnify and hold the other Owners harmless
from and against all claims, liabilities and expenses (including reasonable attorneys' fees and costs)
relating to accidents, injuries, loss, or damage of or to any person or property arising from (i) the
negligent, intentional or willful acts or omissions of such Owner and/or its Occupants and/or Permittees,
(ii)any default by such Owner(and/or by its Occupants and/or Permittees)under this Declaration, or(iii)
from any occurrence within the Common Areas contained on the Parcel of the indemnifying Owner
(except to the extent caused by the negligent or willful act or omission of the other Owner or the
respective Occupants and/or Permittees of such other Owner).
(b) The Owner of each Parcel(for itself and its Occupants and/or Permittees)hereby
waives and releases any and all right of recovery against the other Owners (and their Occupants and/or
Permittees) for any and all loss, or damage to any property of such Owner(and/or of its Occupants and/or
Permittees) located within or constituting a part of such Owner's Parcel, which loss or damage arises
from any type of peril which is (or would be)covered by the insurance required pursuant to this Article V.
Each Owner shall have its respective property insurance policies issued in such form so as to waive any
right of subrogation which otherwise might exist.
Section 5.02. Insurance.
(a) Throughout the term of this Declaration, each Owner shall procure and maintain,
or cause to be procured and maintained, general and/or comprehensive public liability and property
damage insurance against claims for personal injury (including contractual liability arising under the
indemnity contained in Section 5.01 above), death, or property damage occurring upon such Owner's
Parcel, with single limit coverage of not less than an aggregate of not less than Three Million Dollars
($3,000,000.00), on an "occurrence" basis with contractual liability endorsements, including umbrella
coverage, if any, and naming each other Owners, provided the Owner obtaining such insurance has been
supplied with the name of such other Owners in the event of a change thereof,as additional insureds.
(b) Each Owner will at all times maintain(or cause to be maintained) with respect to
its Parcel:
(i) Special Form Commercial Property Insurance in an amount equal to one
hundred percent (100%) of the full replacement cost of all Buildings and other improvements located on
such Parcel;
73068100.5 16

III!l Ili I I I 111111 i t I II I III 111111 II III $35 5 P 111 m ong:32PROP
Brunswick County, NC Register of Deeds page 18 of 52
•
(ii) workers compensation insurance in amounts required by applicable
Laws; and
(iii) if required by applicable Laws, liquor liability insurance, if alcohol is
sold from the Parcel of the applicable Owner.
(c) Each Owner (the "Insuring Party"), shall cause the other Owners (collectively,
the"Additional Insureds")to be named as additional insureds on the Insuring Party's liability policy, and
such insurance policy shall provide that the same shall not be canceled, or reduced in amount or coverage
below the requirements of this Agreement, without such insurance provider endeavoring to provide at
least thirty (30) days prior written notice to the Insuring Party and each Additional Insured. Each
Additional Insured shall have the right (exercisable no more than once any calendar year) to request in
writing the Insuring Party to produce a certificate of insurance showing the name of the Additional
Insured on the Insuring Party's liability policy, and the Insuring Party shall have thirty (30) days to
produce a certificate in response to such request.
Section 5.03. Insurance Requirements.
(a) All insurance required by this Article V shall be procured from companies
licensed in the state where the Shopping Center is located and shall be rated by Best's Insurance Reports
not less than B+VI. All insurance may be provided under:
(i) an individual policy covering this location;
(ii) a blanket or umbrella policy or policies which includes other liabilities,
properties and locations of such Insuring Party; provided, however, that if such blanket or umbrella
commercial general liability insurance policy or policies contain a general policy aggregate of less than
Ten Million Dollars ($10,000,000), then such Insuring Party shall also maintain excess liability coverage
necessary to establish a total liability insurance limit of Ten Million Dollars($10,000,000);
(iii) a plan of self-insurance,provided that any Insuring Party so self-insuring
notifies the other Owners of its intent to self-insure and agrees that upon request it shall deliver to such
other Owners each calendar year either(i) a statement from an officer of the Insured Party verifying, or
(ii) a copy of the annual report that is audited by an independent certified public accountant which
discloses that, such Insuring Party has Seventy Five Million Dollars ($75,000,000) or more of net worth;
or
(iv) a combination of any of the foregoing insurance programs.
(b) The insurance required above shall provide that an act or omission of one of the
insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void
the coverage as to the other Additional Insureds.
Section 5.04. Increase in Insurance Limits. No more often than once every three(3)years, the
Owners (by agreement of the Owners comprising more than eighty percent (80%) of the Floor Area of all
Buildings in the Shopping Center) may require that the required insurance limits herein be raised to
reasonable levels that are customarily carried by owners of comparable properties in the State in which
the Shopping Center is located.
Section 5.05. Insurance by Occupants. Whenever insurance is required to be provided by or to
any Owner pursuant to this Article V, if such Parcel is leased, and if pursuant to such lease,the Occupant
73068100.5 1.7

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Brunswick County, NC Register of Deeds' p PROP
pogoCiei19 s of S2
is required to provide any or all of the insurance required herein (including the obligation to name the
other Owners as Additional Insureds as required under Section 5.02(c) above), then so long as such
Occupant complies,on behalf of such Owner,with the requirements of this Section 5.05,such compliance
shall be deemed compliance by such Owner; provided, however, that nothing contained herein shall be
deemed to modify or limit the indemnity obligations of such Owner as set forth in Section 5.01 above.
ARTICLE VI
ENFORCEMENT
Section 6.01. Default of Owner. Except as otherwise provided herein, an Owner shall be
deemed to be in default upon the expiration of thirty (30) days from receipt of written notice from any
other Owner specifying the particulars in which such Owner has failed to perform the obligations of this
Declaration unless that Owner,prior to the expiration of said thirty(30)days, has rectified the particulars
specified in said notice. However, such Owner shall not be deemed to be in default if such failure(except
the failure to pay any monetary obligation) cannot be rectified within said thirty (30) day period despite
its reasonable efforts in good faith to do so, and such Owner shall have commenced to cure the default
within said thirty (30) days and shall diligently pursue such cure until completed. For purposes of this
Declaration,.any violation of this Declaration caused by any Permittee shall be deemed a violation of this
Declaration by the Owner on whose Parcel such Permittee is located. The mortgagee of a defaulting
Owner shall also have the right to cure such default in accordance with the preceding two (2) sentences,
commencing from and after the date of receipt by such mortgagee of such notice of default provided that
such mortgagee has provided its address to all other parties pursuant to Section 8.10 below.
Section 6.02. Self-Help. In addition to all other remedies available at law or in equity, if an
Owner fails to perform any of its agreements contained in this Declaration and such failure continues for
thirty (30) days after notice thereof(except (a) where a shorter period is reasonably required, including
emergencies (in which event telephonic and/or facsimile notice shall be permitted), or(b)where a longer
period is reasonably required to complete such cure), each Owner, as appropriate, may cure such failure
on behalf of and at the expense of the defaulting party and do all necessary work, make all necessary
payments, or otherwise take such other action at law or in equity as such party deems necessary,
notwithstanding any other remedy herein provided. The parties agree to reimburse each other any
reasonable costs thereof within thirty(30) days after proof of payment.
If any Owner shall fail to pay any sum due and payable to another Owner pursuant to this
Section 6.02, such unpaid sum shall be secured by a lien on the Parcel of such defaulting Owner and any
improvements thereon,which lien shall be effective upon the recording of a notice thereof in the office of
the County Recorder in which the Shopping Center is located. Such lien shall be subordinate to any first
mortgage or deed of trust then encumbering the Parcel of such defaulting Owner, and in no event shall
execution upon such lien disturb the then-existing leasehold interest of any Occupants of such Parcel.
Section 6.03. Remedies Cumulative. The remedies specified herein shall be cumulative and in
addition to all other remedies permitted at law or in equity.
Section 6.04. No Termination For Breach. Notwithstanding the foregoing to the contrary, no
breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration. No
breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel
made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be
binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is
acquired by foreclosure, trustee's sale, or otherwise.
73068100.5 18

111110 IIII III II II IIII (IIII IIIIll III B3575 P1103 ohs 4002 0P
Brunswick County, NC Register of Deeds page 20 of 52
Section 6.05. Irreparable Harm. In the event of a violation or threat thereof of any of the
provisions of Articles II, III and/or IV of this Declaration, each Owner agrees that such violation or threat
thereof shall cause the nondefaulting Owner and/or its Permittees to suffer irreparable harm and such
nondefaulting Owner and its Permittees shall have no adequate remedy at law. As a result,in the event of
a violation or threat thereof of any of the provisions of Articles II, III and/or IV of this Declaration, the
nondefaulting Owner, in addition to all remedies available at law or otherwise under this Declaration,
shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of Articles II,
III and/or IV of this Declaration.
Section 6.06. No Waiver. No delay or omission of any Owner in the exercise of any right
accruing upon any default of any other Owner shall impair any such right or be construed to be a waiver
thereof, and every such right may be exercised at any time during the continuance of such default. A
waiver by any Owner of a breach or a default of any of the terms and conditions of this Declaration by
any other Owner shall not be construed to be a waiver of any subsequent breach or default of the same or
any other provision of this Declaration. Except as otherwise specifically provided in this Declaration, no
remedy provided in this Declaration shall be exclusive, but each shall be cumulative with all other
remedies provided in this Declaration and at law or in equity.
Section 6.07. Cure by Mortgagee. Any mortgagee of any Parcel shall have the right,within the
time period set forth above,to cure any default of any Owner.
ARTICLE VII
EMINENT DOMAIN
Section 7.01. Award. In the event that the whole or any portion of a Parcel shall be taken by
right of eminent domain, the entire award for the value of the land and improvements so taken shall
belong to the Owner of the Parcel(and/or its mortgagees and/or Occupants,as their interests may appear),
provided that any Owner of any other Parcel which is not the subject of such taking may file a collateral
claim with the condemning authority to the extent of any damage suffered by such other Owner(e.g.,loss
of easement rights); provided, that such claim may not reduce any award granted to the Owner of such
condemned Parcel or portion thereof.
Section 7.02, Restoration. In the event of any partial taking, the Owner of the Parcel so taken
shall restore the improvements located on the Common Areas of such Owner's Parcel as nearly as
possible to the condition existing prior to such taking;provided,that if the award such Owner receives is
insufficient to fully restore as required above, the other Owners shall reimburse the restoring Owner for
any and all costs and expenses incurred to finish restoring in an amount equal to its share of such
restoration costs,calculated in the same manner set forth in Section 4.03(d)above.
ARTICLE VIII
MISCELLANEOUS
Section 8.01. Term. This Declaration and the protective and restrictive covenants, easements,
agreements and conditions herein set forth shall run with the title to the land and shall be perpetual, and
the parties hereby bind themselves and their successors and assigns, to warrant and forever defend the
above-described protective and restrictive covenants, easements, agreements, and conditions herein set
forth unto each other, and their successors and assigns, and against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
73068100.5 19

10 13 2L314
111111 II III II III II 1JI 1 III 135De15 P1104 m onsl32 FR
Brunswick County, NC Register of eds page 21 of ;rP
Section 8.02. Amendment. -
(a) Except as otherwise set forth in this Declaration, and subject to Section 8.02(b)
below,Declarant agrees that the provisions of this Declaration may be modified or amended, in whole or
in part, or terminated, only by the written consent of all record Owners of all Parcels, evidenced by a
document that has been fully executed and acknowledged by all such record Owners and recorded in the
official records of the-County Recorder for the county in which Shopping Center is located.
(b) Notwithstanding anything to the contrary set forth in this Section 8.02, each
Owner shall have the right to unilaterally execute and record an amendment to this Declaration as
expressly permitted under any other provision of this Declaration and/or with respect to matters that
concern the Parcel(s) owned by such Owner(s) only, and do not affect any other Parcel (unless the
consent of the Owner of such affected Parcel has been granted) and/or the rights provided to any other
Parcel herein (for example, an amendment by which two (2) Owners agree upon the relocation of any
Utility Facilities within their respective Parcels to any reconfiguration of a boundary line between their
respective Parcels).
(c) _.Any such amendment,supplement or termination will be effective at such time as
an instrument reflecting such amendment, supplement or termination, signed by the required Owners as
set forth above, is filed for record in the real property records of the county or counties or city or cities
and in which this Declaration is to be recorded.
Section 8.03. Consents. Wherever in this Declaration the consent or approval of an Owner is
required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably
withheld,conditioned or delayed. Any request for consent or approval shall: (a)be in writing; (b)specify
the section hereof which requires that such notice be given or that such consent or approval be obtained;
and (c) be accompanied by such background data as is reasonably necessary to make an informed
decision thereon. The consent of an Owner under this Declaration,to be effective,must be given, denied
or conditioned expressly and in writing. Unless provision is made for a specific time period in this
Declaration, each response to a request for an approval or consent shall be given by the Person to whom
directed within thirty(30) days after receipt thereof, and notwithstanding the foregoing sentence, if the
requesting Person does not receive such response within such thirty(30) day period, such request shall be
deemed to have been approved and consented to.
•
Section 8.04. Severability. If any of the covenants, conditions or terms of this Declaration
shall be found void or unenforceable for any reason whatsoever by any court of law or of equity, then
every other covenant,condition,restriction or term contained herein shall remain valid and binding.
Section 8.05. Captions; Singular, Plural and Gender. The section headings are intended for
convenience only and shall not be construed with any substantive effect in this Declaration. Words used
herein shall be deemed to include the singular and plural and any gender as the context requires.
Section 8.06. Governing Law. This Declaration shall be governed by and enforced in
accordance with the laws of the State in which the Shopping Center is located, without regard to the
State's choice of law rules.
Section 8.07. Covenants to Run with Land. It is intended that each of the easements,
covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and
create equitable servitudes in favor of the real property benefited thereby, shall bind every person having
any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their
successors, assigns,heirs,and personal representatives.
73068100.5 20

111111111111 II 1II I III I IIII I II III 83575 P1.10e mm ng-321PROP
Brunswick County, NC Register of Deeds page 22 of 52
Section 8.08. Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by
acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof,
whether from an original party or from a subsequent owner of such Parcel, shall accept such deed or
contract upon and subject to each and all of the easements, covenants, conditions, restrictions and
obligations contained herein. By such acceptance, any such grantee shall for himself and his successors,
assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other party, to
keep, observe, comply with, and perform the obligations and Declarations set forth herein with respect to
the property so acquired by such grantee.
Section 8.09. Notices. Notices or other communication hereunder shall be in writing and shall
be sent certified or registered mail, return receipt requested, or by other national overnight courier
company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery.
Each Owner may change from time to time their respective address for notice hereunder by like notice to
the other party and Owners.
Any mortgagee of any Parcel shall have the right to deliver written notice to all other Owners of
the Shopping Center, and after providing all Owners with written notice of its lien and the address to
which it any notice or document may be sent, shall be entitled to receive contemporaneous copies of all
notices sent to the Owner of the Parcel upon which it has a lien.
Section 8.10. Estoppel Certificates. Each Owner, within twenty (20) day of its receipt of a
written request from the other Owner(s), shall from time to time provide the requesting party(addressed
to such party and/or to any proposed mortgagee, Occupant, or purchaser), a certificate binding upon such
Owner stating: (a) to the best of such Owner's knowledge, whether any party to this Declaration is in
default or violation of this Declaration and if so identifying such default or violation; (b) that this
Declaration is in full force and effect and identifying any amendments to the Declaration as of the date of
such certificate; and (c) such other matters as may be reasonably requested with respect to this
Declaration.
Section 8.11. Excusable Delays. Whenever performance is required of any party hereunder,
such party shall use all due diligence to perform and take all necessary measures in good faith to perform;
provided, however, that if completion of performance shall be delayed at any time by reason of acts of
God, adverse or inclement weather, war, civil commotion,riots, strikes,picketing or other labor disputes,
unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any
cause beyond the reasonable control of such party,then the time for performance as herein specified shall
be appropriately extended by the amount of the delay actually so caused. The provisions of this section
shall not operate to excuse any party from the prompt payment of any monies required by this
Declaration.
Section 8.12. Limitation of Liability. In no event shall any Owner (including the officers,
directors, shareholders, members, partners, or agents thereof) have any personal liability with respect to
any of the terms, covenants, conditions or provisions of this Declaration. In the event of any default by
any Owner, any non-defaulting Owner shall look solely to the interest of such defaulting Owner in the
defaulting Owner's Parcel for the satisfaction of each and every remedy of the non-defaulting Owner,
provided that the foregoing shall not limit or prejudice the right of any non-defaulting Owner to pursue
equitable relief and/or to recover from another Owner all sums required as a result of such Owner's self-
insurance of its insurance obligations under Section 5.03 above. In addition, such Person shall be bound
by this Declaration only during the period such Person is the fee or leasehold owner of such Parcel or
portion of the Parcel; and, upon conveyance or transfer of the fee or leasehold interest shall be released
from liability hereunder, except as to the obligations,liabilities or responsibilities that accrue prior to such
conveyance or transfer. Although Persons may be released under this paragraph, the easements,
73068100.5 21

do d3 2aia `.
Ii11lB111111111111tPtLUWj1EtEr Brenda z.
k of Deeds page 23 of 52
covenants and restrictions in this Declaration shall continue to be benefits to and servitudes upon said
Parcels running with the land.
Section 8.13. Attorneys' Fees. In the event any proceeding at law or in equity arises hereunder
or in connection herewith (including any appellate or bankruptcy proceeding), the prevailing party shall
be awarded costs and reasonable attorneys' fees incurred in connection therewith.
Section 8.14. Priority of Declaration; Subordination by Mortgagees. The covenants, conditions
and restrictions set forth in this.Declaration shall be prior and superior to each and every mortgage lien or
deed of trust encumbering the Shopping Center.
[Signatures appear on the following pages]
73068100.5 22

Il1III1I Ill!II1i!lI IN!1I111 III!ll 111 83575 P1107 1$-3ti-32./p©2`
Brunswack County, NC Register of Deeds Clemmans PROP
Page 24 of 52
WITNESS THE FOLLOWING SIGNATURES AS OF THE DATE AND YEAR FIRST
ABOVE WRITTEN.
DECLARANT":
VNC-Southport,LLC,an Ohio
limited liability company
By: DciNa—., tr. Ja r.
Name:.l�Olrii N i G la NS+"zW?•
Title: 01/a AJ-A
STATE OE
COUNTY OF
I, , a Notary Public in and for the State and County aforesaid, do
certify thatDotvtlp j4I 1iose name, as j'/.,q of VNC-
Southport, LLC, an Ohio limited liability company, is signed to the foregoing and annexed instrument,
bearing the date of the /, day of (s) ►C �f o �Ft,t , 2014,has acknowledged the same before me
in my County aforesaid. ,{
Given under my hand and notarial seal,this IAA_ day of `l�.)(}_ 2.(_ ,2014
J/ta,g1/244.-C--..
/ Notary Public
,y
My Commission Expires: 0 [ /1020 17
(SEAL) .�pR1AL'S%
• ;: •
. Fes\ FRANCINE M. LOTARSKI
Notary Public, State of Ohio
to !:' a=My Commission Expires 7/21/2017
tfr5°?`< Recorded in Geauga County
73068100.5 23

III!!!!fjlllllll jf lilllliIl I u 13515 P Lu$ 13-36-32.002;
Brunswick County, NC Register of D eds' a emmons PROP
epgeaof 52
EXHIBIT A
LEGAL DESCRIPTION OF DECLARANT'S AGGREGATE PROPERTY
[See Attached]
73068100.5 24

11111111 1111 1111111 iii!IIIIi!IlIIII!I 32
B35]5 p1��9 ,3-36 ?0q2
Brunswick County, NC Register of Deed • page Clemm26 ons of 52PROP
Property Description Of Lot 1
On The Property Of VNC-Southport, LLC
August 20, 2014
That certain tract of land being in Lockwood Folly Township, Brunswick County, North
Carolina, said tract being a portion of the tract described in Deed Book 2300, Page 555
of the Brunswick County Register of Deeds and being more fully described as follows:
Beginning at an iron rod set, said rod being at western right of way of Long Beach Road
(Variable Public R/W) US Hwy 133 and also being the southeastern most corner of the
herein after described Lot 1 and the northeastern corner of Lot 4, said rod also being
North 14°49'09" East a distance of 258.45 feet along said right of way, from an iron rod
set, said rod being North 41°14'44" East a distance of 69.98 feet from another NC Dot
right of way disc having NC Grid NAD 83(2011) coordinates of North 73755.22 feet and
East 2287557.97 feet, said disc also being South 24°17'39" West a distance of 837.17
feet (ground distance) from another NC Dot right of way disc on the eastern right of way
of said road, with NC Grid NAD 83(2011) coordinates of North 74518.35 feet and East
2287902.45 feet; said iron rod being the Point of Beginning.
Thence from the Point of Beginning and leaving said right of way and along the
common line between Lot 1 and Lot 4 the following calls, North 74°55'11" West, a
distance of 19.29 feet to an iron rod set; thence North 15°11'30" East, a distance of
13.03 feet to an iron rod set; thence North 81°44'07" West, a distance of 74.46 feet to
an iron rod set; thence North 68°15'36" West, a distance of 51.49 feet to an iron rod set
at the beginning of a curve to the right; thence along the arc of said curve a distance of
96.36 feet, said curve having a radius of 752.50 feet, a central angle of 7°20'12" and a
chord bearing and distance of North 78°28'36" West 96.29 feet to an iron rod set;
thence North 74°48'30" West 61.51 feet to an iron rod set on the common line between
Lot 1 and Lot 5; thence leaving the line of Lot 4 and along the line of Lot 5 and Lot 1 the
following calls North 15°11'30" East, a distance of 191.50 feet to an iron rod set; thence
North 74°48'30" West, a distance of 225.00 feet to an iron rod set; thence South
15°11'30" West, a distance of 36.00 feet to an iron rod set; thence North 74°48'30"
West, a distance of 51.50 feet to an iron rod set; thence South 15°11'30" West, a
distance of 140.50 feet to an iron rod set on the common line between Lot 1 and Lot 4;
thence with said line North 74°48'30" West, a distance of 200.64 feet to an iron rod set
on the common line between Lot 1 and Lot 2; thence with said line North 00°25'40"
West, a distance of 106.91 feet to a point in the run of Jump and Run Creek, on the
common line between West Trace Subdivision Map Book T, Page 270 and Lot 1;
thence along said line and with said creek North 00°25'40" West, a distance of 286.27
feet to a point; thence North 13°05'27" West, a distance of 188.32 feet to an iron rod
set; thence leaving said line and creek and along the common line between Lot 1 and
East Trace Subdivision Map Book T, Page 372 South 74°48'30" East, a distance of
883.68 feet to an iron rod set on the western right of way of Long Beach Road; thence
with said right of way South 10°33'26" West, a distance of 52.48 feet to an iron rod set;
thence leaving said right of way and along the common line between Lot 1 and Lot 3 the

0 114
11111II IIIIIIIIIII IIII 1111111Il1I11 B35Ta P111@m1orons 3-3202 P OP
Brunswick County, NC Register of Deeds page 27 of 52
following calls North 74°48'30" West, a distance of 21.04 feet to an iron rod set; thence
North 15°11'30" East, a distance of 9.31 feet to an iron rod set; thence North 74°48'30"
West, a distance of 138.65 feet to an iron rod set on the arc of a curve to the left; thence
along the arc of said curve a distance of 42.84 feet; said curve having a radius of 28.41
feet, a central angle of 86°23'53" and a chord bearing and distance of South 61°14'00"
West 38.90 feet to a mag nail set; thence South 15°07'25" West, a distance of 421.00
feet to an iron rod set at the beginning of a curve to the left; thence along the arc of said
curve, a distance of 43.20 feet, said curve having a radius of 27.50 feet and a central
angle of 90°00'00" and a chord bearing and distance of South 29°48'30" East 38.89 feet
to an iron rod set at a beginning of a curve to the left; thence along the arc of said curve
a distance of 91.78 feet, said curve having a radius of 716.37 feet a central angle of
7°20'27", and a chord bearing and distance of South 78°04'25" East 91.72 feet to an
iron rod set; thence South 81°45'21" East, a distance of 124.48 feet to an iron rod set;
thence South 79°52'25" East, a distance of 35.46 feet to a mag nail set on the western
right of way of Long Beach Road; thence with said right of way South 20°12'12" West a
distance of 52.61 feet to a right of way disc; thence South 14°49'09" West a distance of
15.73 feet to the Point of Beginning, containing 295,221 Sq. Ft. or 6.78 Acres, all as
shown on a plat prepared by McKim & Creed, entitled "Subdivision Plat of Longbeach
Tract" prepared for Coastal Carolina Commercial Development, LLC dated June 16,
2014.

' '!L'!W'JUJUt['
NC Register of VW' Clemmonsof PROP
page 28 52
Property Description
Of Lot 2
On The Property Of
VNC-Southport, LLC
August 20, 2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County, North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning an iron rod set, set rod being at the southeastern corner of Lot 2
and the southwestern corner of Lot 4 on the northern property line of South
Trace Subdivision Map Book T Page 382 said rod being the following calls from
a right of way disc on the western right of way of Long Beach Road (Variable
Public R/W) US HWY 133, said disc having NC Grid NAD 83(2011) coordinates
of North 73755.22 feet and East 2287557.97 feet, said disc also being South
24°17'39" West a distance of 837.17 feet (ground distance) from another NC Dot
right of way disc on the eastern right of way of said road, with NC Grid NAD
83(2011) coordinates of North 74518.35 feet and East 2287902.45 feet; thence from
the aforementioned disc and with said right of way South 41°15'57" West, a
distance of 85.35 feet to a NC Dot right of way disc at the run of Jump and Run
Creek a common line between Lot 4 and Bufflehead Properties, LLC Deed Book
1362 Page 930; thence with said creek North 21°06'06" West, a distance of 140.93
feet to a point; thence North 18°06'23" West, a distance of 35.14 feet to an iron rod
set; thence North 23°45'35" West, a distance of 100.23 feet to a point; thence North
34°28'18" West, a distance of 77.97 feet to a point; thence North 53°42'20" West, a
distance of 37.12 feet to a point; thence North 26°38'40" West, a distance of 15.27
feet to a point; thence North 19°25'34" East, a distance of 50.52 feet to a point;
thence North 66°59'24" West, a distance of 94.15 feet to an iron rod set; thence
leaving said creek South 40°23'45" West, a distance of 303.73 feet to an iron rod
set; thence North 49°36'15" West, a distance of 166.46 feet to a point on the
common line between Lot 4 and the northern line of South Trace Subdivision
Map Book T Page 382 a common point with Lot 2 said iron rod being the Point of
Beginning.

1111111111111111/111111111111111 # P13 ��11113-3 �srunswick County, MC Regf { of Da M. 6.32.002
- - _ Dee Clemmons PROfl
-
Thence from the Point of Beginning and with the northern line of said subdivision
North 49°36'15" West, a distance of 58.58 feet to an iron pipe found; thence North
49°36'15" West, a distance of 74.95 feet to an iron rod found; thence North 49°36'15"
West, a distance of 73.97 feet to an iron rod found; thence North 79°30'47" West, a
distance of 192.01 feet to a point; thence South 58°49'03" West, a distance of 34.91 feet to
a point; thence North 85°35'17" West, a distance of 8.50 feet to an iron rod set; thence
South 56°41'48" West a distance of 133.72 feet to an iron pipe found; thence South
13°48'48" West, a distance of 83.11 feet to an iron pipe found; thence South 25°24'42"
West, a distance of 77.79 feet to an iron pipe found; thence North 49°31'44" West, a
distance of 24.96 feet to an iron rod set; thence South 40°19'23" West, a distance of 149.93
feet to an iron rod set; thence South 49°37'49" East, a distance of 55.10 feet to an iron
pipe found; thence South 30°31'54" West, a distance of 76.19 feet iron pipe found; thence
South 51°11'51" West, a distance of 76.36 feet iron pipe found; thence South 56°22'29"
West, a distance of 78.01 feet to an iron pipe found; thence South 38°20'53" West, a
distance of 176.62 feet to an iron pipe found a common corner with Sugg Landholding,
LLC Deed Book 2856 Page 484; thence with said line North 48'25'50" West, a distance of
.558.58 feet to an iron rod set a common corner between Tract 1 and Tract 2 for Sugg
Landholding, LLC; thence North 34°07'50" East, a distance of 338.12 feet to an iron rod
found on the eastern line of West Trace Subdivision Map Book T Page 270 and Lot 2;
thence with said line North 58°55'07" East, a distance of 84.34 feet iron rod set; thence
North 43°56'11" East, a distance of 76.48 feet iron pipe found; thence North 41°53'43"
East, a distance of 76.46 feet to a point; thence North 35°03'50" East, a distance of 75.04
feet to an iron pipe found; thence North 24°48'52" East, a distance of 75.40 feet to an iron
pipe found; thence North 61°52'06" East, a distance of 87.20 feet to an iron rod set on the
southern line of a 20' drainage easement; thence North 58°45'10" West, a distance of
215.48 feet to an iron pipe found on the eastern right of way of West Trace Drive SE (50'
Private R/W); thence with said right of way North 34°39'24" East, a distance of 20.04 feet
to an iron rod found on the northern line of said drainage easement; thence leaving said
right of way and with said easement South 58°45'10" East, a distance of 199.53 feet to an
iron pipe found; thence continuing with the common line of West Trace subdivision
and Lot 2 South 37°11'08" East, a distance of 326.73 feet to an iron rod found; thence
North 59°23'02" East, a distance of 136.33 feet to an iron rod found; thence North
76°07'24" East, a distance of 112.79 feet to a point; thence North 17°43'00" East, a
distance of 97.17 feet to an iron rod set; thence North 74°52'02" East, a distance of 86.63

1111111111111111111111111111111101 g3�15 P111313-38-321 002�
Brunswick County, NC Register of Deeds page 30 of top
feet to an iron rod set; thence South 62°38'17" East, a distance of 189.75 feet to an iron
rod set; thence North 81°23'58" East, a distance of 91.56 feet to a point in Jump and Run
Creek, a common corner with Lot 1 and Lot 2; thence with said line South 00°25'40"
East, a distance of 106.91 feet to an iron rod set, a common corner with Lots 1,4, and 2;
thence with the common line of Lot 2 and Lot 4 South 00°25'40" East, a distance of
271.34 feet to the Point of Beginning, containing 571,852 SQ. FT. or 13.13 Acres, more or
less, all as shown on a plat prepared by McKim & Creed, entitled "Subdivision Plat of
Longbeach Tract" prepared for Coastal Carolina Commercial Development, LLC Dated
June 16, 2014.

10 1 2014
1111011 I!I111111I1 IIII11111111III111 13575 P1114m 31.6 32.0 p
Brunswick County, NC Register of Deeds page 31 of 52
'V McKIM&CREED ENGINEERS
SURVEYORS
PLANNERS
Property Description
Of Lot 3
On The Property Of •
VNC-Southport,LLC
August 20,2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County,North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning at an iron rod set, said rod being at western right of way of Long
Beach Road (Variable Public R/W) US HWY 133 and also being the southeastern
most corner of the herein after described Lot 3 and an eastern corner of Lot 1,
said rod also being North 20°12'12" East a distance of 52,61 feet from a right of
way disc said disc being North 14°49'09" East a distance of 15.73 feet from an
iron rod set, said rod being North 14°49'09" East a distance of 258.45 feet along
said right of way, from a NC Dot right of way disc, said disc being North
41°14'44" East a distance of 69.98 feet from another NC Dot right of way disc
having NC Grid NAD 83(2011) coordinates of North 73755.22 feet and East
2287557.97 feet, said disc also being South 24°17'39" West a distance of 837.17 feet
(ground distance) from another NC Dot right of way disc on the eastern right of
way of said road, with NC Grid NAD 83(2011) coordinates of North 74518.35 feet
and East 2287902.45 feet; said iron rod being the Point of Beginning.
Thence from the Point of Beginning and leaving said right of way and along
the common line between Lot 1 and Lot 3 the following calls, North 79°52'25"
West, a distance of 35.46 feet to an iron rod set; thence North 81°45'21" West, a
distance of 124.48 feet to an iron rod set at the beginning of a curve to the right;
243 North Front Street
thence along the arc of said curve a distance of 91.78 feet, said curve having a
Wilmington, NC 28401 radius of 716.37 feet a central angle of 7°20'27", and a chord bearing and distance
of North 78°04'25" West 91.72 feet to an iron rod set at the beginning of a curve to
the right; thence along the arc of said curve, a distance of 43.20 feet, said curve
910.343.1048 having a radius of 27.50 feet and a central angle of 90°00'00" and a chord bearing
Fax 910.251:.$282 and distance of North 29°48'30"West
www.mckimcreed.com

Illfll1!IfI /jIij It/IlIll!
875Piu5 1 Brenda M. 36.32.002;
Y, NC Register of Deeds Clemmons PROP
Page 32 of 52
38.89 feet to an iron rod set; thence North 15°07'25" East, a distance of 421.00 feet to an
iron rod set at the beginning of a curve to the right; thence along the arc of said curve a
distance of 42.84 feet; said curve having a radius of 28.41 feet, a central angle of
86°23'53" and a chord bearing and distance of North 61°14'00" East 38.90 feet to an iron
rod set; thence South 74°48'30" East, a distance of 138.65 feet to an iron rod set; thence
South 15°11'30" West, a distance of 9.31 feet to an iron rod set; thence South 74°48'30"
East, a distance of 21.04 feet to an iron rod set on the western right of way of Long
Beach Road; thence with said right of way South 10°33'26" West, a distance of 14.56 feet
to a right of way disc; thence South 00'50'04"West, a distance of 157.82 feet to a nail and
cap; thence South 01°08'25" West, a distance of 144.09 feet to an iron rod set; thence
South 03'49159" West, a distance of 96.70 feet to an iron rod set; thence South 20°12'12"
West, a distance of 40.94 feet to the Point of Beginning, containing 111,302 SQ. FT. or
2.56 Acres, more or less, all as shown on a plat prepared by McKim & Creed, entitled
"Subdivision Plat of Longbeach Tract" prepared for Coastal Carolina Commercial
Development, LLC Dated June 16,2014.
MCK1M&CREED

1LIL !tLI'ALlJ1111!
Il11( I!ILL
N of peQds' 13 36 2 @@2
Clemmons PROP
- page 33 of 52
Property Description
Of Lot 4
On The Property Of
Coastal Carolina Commercial Development, LLC.
September 3, 2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County, North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning at a right of way disc on the western right of way of Long Beach
Road (Variable Public R/W) US HWY 133, said disc having NC Grid NAD
83(2011) coordinates of North 73755.22 feet and East 2287557.97 feet, said disc
also being South 24°17'39" West a distance of 837.17 feet (ground distance) from
another NC Dot right of way disc on the eastern right of way of said road, with
NC Grid NAD 83(2011) coordinates of North 74518.35 feet and East 2287902.45
feet; said disc being the Point of Beginning.
Thence from the Point of Beginning and with said right of way South
41°15'57" West, a distance of 85.35 feet to a NC Dot right of way disc at the run of
Jump and Run Creek a common line between Lot 4 and Bufflehead Properties,
LLC Deed Book 1362 Page 930; thence with said creek North 21°06'06" West, a
distance of 140.93 feet to a point; thence North 18°06'23" West, a distance of 35.14
feet to an iron rod set; thence North 23°45'35" West, a distance of 100.23 feet to a
point; thence North 34°28'18" West, a distance of 77.97 feet to a point; thence
North 53°42'20" West, a distance of 37.12 feet to a point; thence North 26°38'40"
West, a distance of 15.27 feet to a point; thence North 19°25'34" East, a distance of
50.52 feet to a point; thence North 66'59'24" West, a distance of 94.15 feet to an
iron rod set; thence leaving said creek South 40°23'45" West, a distance of 303.73
feet to an iron rod set; thence North 49°36'15" West, a distance of 166.46 feet to a
point on the common line between Lot 4 and the northern line of South Trace
Subdivision Map Book T Page 382 a common point with Lot 2; thence with the
common line between Lot 4 and Lot 2, North 00°25'40" West, a distance of 271.34
feet to an iron rod set, a common corner with Lots 1,2 and 4; thence with the

IIIIII!1111111111111111111111111111I 835 5 P1117 473,63 32?002
Brunswick Count Brenda M. Clemons PROP
Y, NC Register of Deeds page 34 of 32
common line between Lot 1 and Lot 4 South 74°48'30" East, a distance of 200.64 feet to
an iron rod set, a common corner with Lot 1,5 and 4; thence with the common line
between Lot 5 and Lot 4 South 15°11'30" West, a distance of 15.00 feet to an iron rod set;
thence South 74°48'30" East, a distance of 276.50 feet to an iron rod set, a common corner
with Lots 1,5 and 4; thence with the common line of Lot 1 and Lot 4 South 74°48'30"
East, a distance of 61.51 to an iron rod set at the beginning of a curve to the left; thence
along the arc of said curve a distance of 96.36 feet, said curve having a radius of 752.50
feet, a central angle of 7°20'12" and a chord bearing and distance of South 78°28'36" East
96.29 feet to an iron rod set; thence South 68°15'36" East a distance of 51.49 feet to an
iron rod set; thence South 81°44'07" East, a distance of 74.46 feet to an iron rod set;
thence South 15°11'30" West, a distance of 13.03 feet to an iron rod set; thence South
74°55'11" East, a distance of 19.29 feet to an iron rod set on the western right of way of
Long Beach Road; thence with said right of way South 14°49'09" West, a distance of
258.45 feet to an iron rod set; thence South 41°1.4'44" West, a distance of 69.98 feet to the
Point of Beginning, containing 167,036 SQ. FT. or 3.83 Acres, more or less, all as shown
on a plat prepared by McKim & Creed, entitled "Subdivision Plat of Longbeach Tract"
prepared for Coastal Carolina Commercial Development, LLC Dated June 16, 2014.

11111111 J!IIIIilI 1111 ,320,4
83515 P1118 ,3 36 32.002
Brunswick County, NC Register of D eds. page 35 of 52
MCKIM&CREED • ENGINEERS
��/� SURVEYORS
PLANNERS
Property Description
Of Lot 5
On The Property Of
VNC-Southport,LLC
August 20, 2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County, North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning at an iron rod set, said rod the southeastern most corner of the
herein after described Lot 5 and a common corner of Lots 4,1 and 5, said iron rod
being the following calls from an NC Dot right of way disc on the western right
of way of Long Beach Road (Variable Public R/W) US HWY 133, said disc having
NC Grid NAD 83(2011) coordinates of North 73755.22 feet and East 2287557.97
feet, which said disc is also South 24°17'39"West a distance of 837.17 feet(ground
distance) from another NC Dot right of way disc on the eastern right of way of
said road with NC Grid NAD 83(2011) coordinates of North 74518.35 feet and
East 2287902.45 feet, thence from the aforementioned disc North 41°14'44" East a
distance of 69.98 feet, North 14°49'09" East a distance of 258.45 feet to an iron rod
set at the intersection of said right of way and the common line of Lot 4 and Lot
1; thence with said line North 74°55'11" West, a distance of 19.29 feet, thence
North 15°11.'30" East, a distance of 13.03 feet, North 81°41'31" West, a distance of
24.02 feet, North 68°38'03" West, a distance of 52.86 feet, thence North 81°45'21"
West, a distance of 54.15 feet to the beginning of a curve to the right; thence
along the arc of said curve a distance of 91.25 feet, said curve having a radius of
752.50 feet, a central angle of 6°56'51" and a chord bearing and distance of North
78°16'55" West 91.19 feet; thence North 74°48'30" West 61.51 feet to the iron rod at
243 North Front Street
the Point of Beginning.
Wilmington, NC 28401
Thence from the Point of Beginning and along the common line of Lot 4 and
Lot 5 North 74°48'30" West, a distance of 276.50 feet to an iron rod set; thence
910.343.1048 North 15°11'30" East, a distance of 15.00 feet to an iron rod set on the common
Fax [phone] lines of Lot 5 and Lot 1; thence with said line North 15°11'30" East, a distance of
www.mckimcreed.corn
1,

11111 1111111 I11111111I111II IIIIIII II1 93575 P 1119
10-13-2014'
,3 36:32.002
reda
Brunswick County, NC Register of Deds' a Clemmons PROP
page 3B of 52
14050 feet to an iron rod set; thence South 74'48'30" East, a distance of 51.50 feet to an
iron rod set; thence North 15°11'30" East, a distance of 36.00 feet to an iron rod set;
thence South 74°48'30" East, a distance of 225.00 feet to an iron rod set; thence South
15°11'30" West, a distance of 191.50 feet to the Point of Beginning, containing 51,096
SQ. FT. or 1.17 Acres, more or less, all as shown on a plat prepared by McKim & Creed,
entitled "Subdivision Plat of Longbeach Tract" prepared for Coastal Carolina
Commercial Development,LLC Dated June 16,2014.
MKIM&CREED

fill111111
B3575 P1120 1 13 36 32 ©©2
��fi Illlk�llll It� Brenda M. Clemmons PROP
County, Registerof Deeds page 37 of 52
EXHIBIT B
LEGAL DESCRIPTION OF FOOD LION PROPERTY
Lot 1 of the Subdivision Plat of Longbeach Tract Lots 1-5 recorded in Plat Book gc PageQ( of
Brunswick County Registry being more particularly described as follows:
That certain tract of land being in Lockwood Folly Township, Brunswick County, North Carolina, said
tract being a portion of the tract described in Deed Book 2300, Page 555 of the Brunswick County
Register of Deeds and being more fully described as follows:
Beginning at an iron rod set, said rod being at western right of way of Long Beach Road(Variable Public
R/W)US Hwy 133 and also being the southeastern most corner of the herein after described Lot 1 and the
northeastern corner of Lot 4, said rod also being North 14'49'09"East a distance of 258.45 feet along said
right of way, from an iron rod set, said rod being North 41°14'44" East a distance of 69.98 feet from
another NC Dot right of way disc having NC Grid NAD 83(2011)coordinates of North 73755.22 feet and
East 2287557.97 feet, said disc also being South 24°17'39" West a distance of 837.17 feet (ground
distance) from another NC Dot right of way disc on the eastern right of way of said road, with NC Grid
NAD 83(2011) coordinates of North 74518.35 feet and East 2287902.45 feet; said iron rod being the
Point of Beginning.
Thence from the Point of Beginning and leaving said right of way and along the common line between
Lot 1 and Lot 4 the following calls, North 74°55'11" West, a distance of 19.29 feet to an iron rod set;
thence North 15°11'30" East, a distance of 13.03 feet to an iron rod set; thence North 81°44'07" West, a
distance of 74.46 feet to an iron rod set; thence North 68°15'36"West, a distance of 51.49 feet to an iron
rod set at the beginning of a curve to the right;thence along the arc of said curve a distance of 96.36 feet,
said curve having a radius of 752.50 feet, a central angle of 7°20'12" and a chord bearing and distance of
North 78°28'36"West 96.29 feet to an iron rod set;thence North 74°48'30"West 61.51 feet to an iron rod
set on the common line between Lot 1 and Lot 5;thence leaving the line of Lot 4 and along the line of Lot
5 and Lot 1 the following calls North 15°11'30" East, a distance of 191.50 feet to an irOn rod set; thence
North 74°48'30" West, a distance of 225.00 feet to an iron rod set; thence South 15°11'30" West, a
distance of 36.00 feet to an iron rod set; thence North 74°48'30" West, a distance of 51.50 feet to an iron
rod set; thence South 15°11'30" West, a distance of 140.50 feet to an iron rod set on the common line
between Lot 1 and Lot 4;thence with said line North 74°48'30" West, a distance of 200.64 feet to an iron
rod set on the common line between Lot 1 and Lot 2; thence with said line North 00°25'40" West, a
distance of 106.91 feet to a point in the run of Jump and Run Creek, on the common line between West
Trace Subdivision Map Book T, Page 270 and Lot 1; thence along said line and with said creek North
00°25'40" West, a distance of 286.27 feet to a point; thence North 13°05'27" West, a distance of 188.32
feet to an iron rod set; thence leaving said line and creek and along the common line between Lot 1 and
East Trace Subdivision Map Book T, Page 372 South 74°48'30" East, a distance of 883.68 feet to an iron
rod set on the western right of way of Long Beach Road; thence with said right of way South 10°33'26"
West, a distance of 52.48 feet to an iron rod set; thence leaving said right of way and along the common
line between Lot 1 and Lot 3 the following calls North 74°48'30" West, a distance of 21.04 feet to an iron
rod set; thence North 15°11'30" East, a distance of 9.31 feet to an iron rod set; thence North 74°48'30"
West, a distance of 138.65 feet to an iron rod set on the arc of a curve to the left; thence along the arc of
said curve a distance of 42.84 feet; said curve having a radius of 28.41 feet, a central angle of 86°23'53"
and a chord bearing and distance of South 61°14'00" West 38.90 feet to a mag nail set; thence South
15°07'25" West, a distance of 421.00 feet to an iron rod set at the beginning of a curve to the left; thence
along the arc of said curve, a distance of 43.20 feet, said curve having a radius of 27.50 feet and a central
angle of 90°00'00" and a chord bearing and distance of South 29°48'30" East 38.89 feet to an iron rod set
• 73068100.5 25

Il 1111111l1111111Ullllllllllll g 635t5 �iiz�10-13-201002
" Brunswick Count 13 36 32 0@2
Y, NC Register of peels' Clemm ris PROP
P89e 38 of 52
at a beginning of a curve to the left; thence along the arc of said curve a distance of 91.78 feet, said curve
having a radius of 716.37 feet a central angle of 7°20'27", and a chord bearing and distance of South
78°04'25" East 91.72 feet to an iron rod set; thence South 81°45'21" East, a distance of 124.48 feet to an
iron rod set;thence South 79°52'25" East,a distance of 35.46 feet to a mag nail set on the western right of
way of Long Beach Road; thence with said right of way South 20°12'12"West a distance of 52.61 feet to
a right of way disc; thence South 14°49'09" West a distance of 15.73 feet to the Point of Beginning,
containing 295,221 Sq. Ft. or 6.78 Acres, all as shown on a plat prepared by McKim& Creed, entitled
"Subdivision Plat of Longbeach Tract" prepared for Coastal Carolina Commercial Development, LLC
dated June 16,2014.
•
•
73068100.5 26

_ _
1111111!Ill!11111ii1��111111jIll11111835151i.za i3-20;4
Brunswick Count 13 36 32 002
rends M, age 39 PROP•{ Y� NC Register of Deeds page 39of 52
EXHIBIT C
SITE PLAN
[See Attached]
a.
73068100.5 27

IIIII Illi/IIIIIIIHIIIIIII ill pir3e575a pm!1penilr43007n31:373220 I.0402
PROP Brunswick County, NC egister of Deeds page 40 of 52
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Plid5. fil.lan1M30n3:'32.PROP
- 1 Brunswick County, NC Register of Deeds page 41 of 52
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I II IIII IIII II IIIII liii 1111111 liii II 8 575 P1.115 nil
orons 3zPROP
Brunswick County, NC Register of Deeds page 42 of 52
EXHIBIT D
LEGAL DESCRIPTION OF DECLARANT'S REMAINING PROPERTY
[See Attached]
•
73068100.5 28

t' !!J -B5
Benll of Deeds
_ Page 43 of 52
Property Description
Of Lot 2
On The Property Of
VNC-Southport, LLC
August 20, 2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County, North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning an iron rod set, set rod being at the southeastern corner of Lot 2
and the southwestern corner of Lot 4 on the northern property line of South
Trace Subdivision Map Book T Page 382 said rod being the following calls from
a right of way disc on the western right of way of Long Beach Road (Variable
Public R/W) US HWY 133, said disc having NC Grid NAD 83(2011) coordinates
of North 73755.22 feet and East 2287557.97 feet, said disc also being South
24°17'39" West a distance of 837.17 feet (ground distance) from another NC Dot
right of way disc on the eastern right of way of said road, with NC Grid NAD
83(2011) coordinates of North 74518.35 feet and East 2287902.45 feet; thence from
the aforementioned disc and with said right of way South 41°15'57" West, a
distance of 85.35 feet to a NC Dot right of way disc at the run of Jump and Run
Creek a common line between Lot 4 and Bufflehead Properties, LLC Deed Book
1362 Page 930; thence with said creek North 21°06'06" West, a distance of 140.93
feet to a point; thence North 18°06'23"West, a distance of 35.14 feet to an iron rod
set; thence North 23°45'35" West, a distance of 100.23 feet to a point; thence North
34°28'18" West, a distance of 77.97 feet to a point; thence North 53°42'20" West, a
distance of 37.12 feet to a point; thence North 26°38'40" West, a distance of 15.27
feet to a point; thence North 19°25'34" East, a distance of 50.52 feet to a point;
thence North 66°59'24" West, a distance of 94.15 feet to an iron rod set; thence
leaving said creek South 40°23'45" West, a distance of 303.73 feet to an iron rod
set; thence North 49°36'15" West, a distance of 166.46 feet to a point on the
common line between Lot 4 and the northern line of South Trace Subdivision
Map Book T Page 382 a common point with Lot 2 said iron rod being the Point of
Beginning.

111111IIllllIIlIIllIlllIIIlJIIIIIIIll i0 13 2014
B3�75 P1127 13 36 32.002
Brunswick County, NC Register of Deeds age ens PROP
page 44 of 52
Thence from the Point of Beginning and with the northern line of said subdivision
North 49°36'15" West, a distance of 58.58 feet to an iron pipe found; thence North
49°36'15" West, a distance of 74.95 feet to an iron rod found; thence North 49°36'15"
West, a distance of 73.97 feet to an iron rod found; thence North 79°30'47" West, a
distance of 192.01 feet to a point; thence South 58°49'03" West, a distance of 34.91 feet to
a point; thence North 85°35'17" West, a distance of 8.50 feet to an iron rod set; thence
South 56°41'48" West a distance of 133.72 feet to an iron pipe found; thence South
13°48'48" West, a distance of 83.11 feet to an iron pipe found; thence South 25°24'42"
West, a distance of 77.79 feet to an iron pipe found; thence North 49°31'44" West, a
distance of 24.96 feet to an iron rod set; thence South 40°19'23" West, a distance of 149.93
feet to an iron rod set; thence South 49°37'49" East, a distance of 55.10 feet to an iron
pipe found; thence South 30°31'54" West, a distance of 76.19 feet iron pipe found; thence
South 51°11'51" West, a distance of 76.36 feet iron pipe found; thence South 56°22'29"
West, a distance of 78.01 feet to an iron pipe found; thence South 38°20'53" West, a
distance of 176.62 feet to an iron pipe found a common corner with Sugg Landholding,
LLC Deed Book 2856 Page 484; thence with said line North 48°25'50" West, a distance of
558.58 feet to an iron rod set a common corner between Tract 1 and Tract 2 for Sugg
Landholding, LLC; thence North 34°07'50" East, a distance of 338.12 feet to an iron rod
found on the eastern line of West Trace Subdivision Map Book T Page 270 and Lot 2;
thence with said line North 58°55'07" East, a distance of 84.34 feet iron rod set; thence
North 43°56'11" East, a distance of 76.48 feet iron pipe found; thence North 41°53'43"
East, a distance of 76.46 feet to a point; thence North 35°03'50" East, a distance of 75.04
feet to an iron pipe found; thence North 24°48'52" East, a distance of 75.40 feet to an iron
pipe found; thence North 61°52'06" East, a distance of 87.20 feet to an iron rod set on the
southern line of a 20' drainage easement; thence North 58°45'10" West, a distance of
215.48 feet to an iron pipe found on the eastern right of way of West Trace Drive SE (50'
Private R/W); thence with said right of way North 34°39'24" East, a distance of 20.04 feet
to an iron rod found on the northern line of said drainage easement; thence leaving said
right of way and with said easement South 58°45'10" East, a distance of 199.53 feet to an
iron pipe found; thence continuing with the common line of West Trace subdivision
and Lot 2 South 37°11'08" East, a distance of 326.73 feet to an iron rod found; thence
North 59°23'02" East, a distance of 136.33 feet to an iron rod found; thence North
76°07'24" East, a distance of 112.79 feet to a point; thence North 17°43'00" East, a
distance of 97.17 feet to an iron rod set; thence North 74°52'02" East, a distance of 86.63

11111111 lllllllllll IIII IIIIIIIIlIIIII p3575 iizs ,3-3NT0©2
Brunswick County, NC Register of peeds Clemmons PROP.
_ page 45 of 52
feet to an iron rod set; thence South 62°38'17" East, a distance of 189.75 feet to an iron
rod set; thence North 81°23'58" East, a distance of 91.56 feet to a point in Jump and Run
Creek, a common corner with Lot 1 and Lot 2; thence with said line South 00°25'40"
East, a distance of 106.91 feet to an iron rod set, a common corner with Lots 1,4, and 2;
thence with the common line of Lot 2 and Lot 4 South 00°25'40" East, a distance of
271.34 feet to the Point of Beginning, containing 571,852 SQ. FT. or 13.13 Acres, more or
less, all as shown on a plat prepared by McKim & Creed, entitled "Subdivision Plat of
Longbeach Tract" prepared for Coastal Carolina Commercial Development, LLC Dated
June 16, 2014.

I��1J11U'JUJ,U1tI'WJLiHLLIIIIlt lL ? ip
page 46
IM Mc�jlVl [�&CREED ENGINEERS
��
SURVEYORS
PLANNERS
Property Description
Of Lot 3
On The Property Of
VNC-Southport,LLC
August 20,2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County, North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning at an iron rod set, said rod being at western right of way of Long
Beach Road (Variable Public R/W) US HWY 133 and also being the southeastern
most corner of the herein after described Lot 3 and an eastern corner of Lot 1,
said rod also being North 20°12'12" East a distance of 52.61 feet from a right of
way disc said disc being North 14°49'09" East a distance of 15.73 feet from an
iron rod set, said rod being North 14°49'09" East a distance of 258.45 feet along
said right of way, from a NC Dot right of way disc, said disc being North
41°14'44" East a distance of 69.98 feet from another NC Dot right of way disc
having NC Grid NAD 83(2011) coordinates of North 73755.22 feet and East
2287557.97 feet, said disc also being South 24°17'39"West a distance of 837.17 feet
(ground distance) from another NC Dot right of way disc on the eastern right of
way of said road, with NC Grid NAD 83(2011) coordinates of North 74518.35 feet
and East 2287902.45 feet;said iron rod being the Point of Beginning.
Thence from the Point of Beginning and leaving said right of way and along
the common line between Lot 1 and Lot 3 the following calls, North 79°52'25"
West, a distance of 35.46 feet to an iron rod set; thence North 81°45'21" West, a
distance of 124.48 feet to an iron rod set at the beginning of a curve to the right;
243 North Front Street
thence along the arc of said curve a distance of 91.78 feet, said curve having a
Wilmington, NC 28401 radius of 716.37 feet a central angle of 7°20'27", and a chord bearing and distance
of North 78°04'25" West 91.72 feet to an iron rod set at the beginning of a curve to
the right; thence along the arc of said curve, a distance of 43.20 feet, said curve
910.343.1048 having a radius of 27.50 feet and a central angle of 90°00'00" and a chord bearing
Fox 910.251-.8282 and distance of North 29°48'30"West
www.mckimcreed.com

1111111111111111111111111111111 III Br e1d P 113° 10 13 mm ns-23z014
PROP
Brunswick County, NC Register of Deeds page 47 of 52
38.89 feet to an iron rod set; thence North 15°07'25" East, a distance of 421.00 feet to an
iron rod set at the beginning of a curve to the right; thence along the arc of said curve a
distance of 42.84 feet; said curve having a radius of 28.41 feet, a central angle of
86°23'53" and a chord bearing and distance of North 61°14'00" East 38.90 feet to an iron
rod set; thence South 74°48'30" East, a distance of 138.65 feet to an iron rod set; thence
South 15°11'30" West, a distance of 9.31 feet to an iron rod set; thence South 74°48'30"
East, a distance of 21.04 feet to an iron rod set on the western right of way of Long
Beach Road; thence with said right of way South 10°33'26" West, a distance of 14.56 feet
to a right of way disc; thence South 00°50'04" West, a distance of 157.82 feet to a nail and
cap; thence South 01°08'25" West, a distance of 144.09 feet to an iron rod set; thence
South 03°49'59" West, a distance of 96.70 feet to an iron rod set; thence South 20°12'12"
West, a distance of 40.94 feet to the Point of Beginning, containing 111,302 SQ. FT. or
2.56 Acres, more or less, all as shown on a plat prepared by McKim & Creed, entitled
"Subdivision Plat of Longbeach Tract" prepared for Coastal Carolina Commercial
Development, LLC Dated June 16, 2014.
MCKJM&CREED

'!iiLUJ!LUIif/!//iIIIllhIIiIIi!iii ra �ziounty, NC Register of Deeds Pege 48 s "PR P
of 5.
Property Description
Of Lot 4
On The Property Of
Coastal Carolina Commercial Development, LLC.
September 3, 2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County, North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning at a right of way disc on the western right of way of Long Beach
Road (Variable Public R/W) US HWY 133, said disc having NC Grid NAD
83(2011) coordinates of North 73755.22 feet and East 2287557.97 feet, said disc
also being South 24°17'39" West a distance of 837.17 feet (ground distance) from
another NC Dot right of way disc on the eastern right of way of said road, with
NC Grid NAD 83(2011) coordinates of North 74518.35 feet and East 2287902.45
feet; said disc being the Point of Beginning.
Thence from the Point of Beginning and with said right of way South
41°15'57" West, a distance of 85.35 feet to a NC Dot right of way disc at the run of
Jump and Run Creek a common line between Lot 4 and Bufflehead Properties,
LLC Deed Book 1362 Page 930; thence with said creek North 21°06'06" West, a
distance of 140.93 feet to a point; thence North 18°06'23" West, a distance of 35.14
feet to an iron rod set; thence North 23°45'35" West, a distance of 100.23 feet to a
point; thence North 34°28'18" West, a distance of 77.97 feet to a point; thence
North 53°42'20" West, a distance of 37.12 feet to a point; thence North 26°38'40"
West, a distance of 15.27 feet to a point; thence North 19'25'34" East, a distance of
50.52 feet to a point; thence North 66°59'24" West, a distance of 94.15 feet to an
iron rod set; thence leaving said creek South 40°23'45" West, a distance of 303.73
feet to an iron rod set; thence North 49°36'15" West, a distance of 166.46 feet to a
point on the common line between Lot 4 and the northern line of South Trace
Subdivision Map Book T Page 382 a common point with Lot 2; thence with the
common line between Lot 4 and Lot 2, North 00°25'40" West, a distance of 271.34
feet to an iron rod set, a common corner with Lots 1,2 and 4;thence with the

10 13 2@14
liIII11111111111111111111E111I111III �315 P1131 mmens 32 PROP
Brunswick County, NC Register of Deeds page 49 of 52
common line between Lot 1 and Lot 4 South 74°48'30" East, a distance of 200.64 feet to
an iron rod set, a common corner with Lot 1,5 and 4; thence with the common line
between Lot 5 and Lot 4 South 15°11'30" West, a distance of 15.00 feet to an iron rod set;
thence South 74°48'30" East, a distance of 276.50 feet to an iron rod set, a common corner
with Lots 1,5 and 4; thence with the common line of Lot 1 and Lot 4 South 74°48'30"
East, a distance of 61.51 to an iron rod set at the beginning of a curve to the left; thence
along the arc of said curve a distance of 96.36 feet, said curve having a radius of 752.50
feet, a central angle of 7°20'12" and a chord bearing and distance of South 78°28'36" East
96.29 feet to an iron rod set; thence South 68°15'36" East a distance of 51.49 feet to an
iron rod set; thence South 81°44'07" East, a distance of 74.46 feet to an iron rod set;
thence South 15°11'30" West, a distance of 13.03 feet to an iron rod set; thence South
74°55'11" East, a distance of 19.29 feet to an iron rod set on the western right of way of
Long Beach Road; thence with said right of way South 14°49'09" West, a distance of
258.45 feet to an iron rod set; thence South 41°14'44" West, a distance of 69.98 feet to the
Point of Beginning, containing 167,036 SQ. FT. or 3.83 Acres, more or less, all as shown
on a plat prepared by McKim & Creed, entitled "Subdivision Plat of Longbeach Tract"
prepared for Coastal Carolina Commercial Development, LLC Dated June 16, 2014.

1111111111111111111111111111111111111 13:3s:3 14
P575 P1133 2 002enda M. Clemmons PROP
Brunswick County, NC Register of Deeds page 50 of 52
MCKJMV REED ENGINEERS
SURVEYORS
PLANNERS
Property Description
Of Lot 5
On The Property Of
VNC-Southport,LLC
August 20, 2014
That certain Tract of land being in Lockwood Folly Township, Brunswick
County, North Carolina, said Tract being a portion of the Tract described in Deed
Book 2300 Page 555 of the Brunswick County Register of Deeds and being more
fully described as follows:
Beginning at an iron rod set, said rod the southeastern most corner of the
herein after described Lot 5 and a common corner of Lots 4,1 and 5, said iron rod
being the following calls from an NC Dot right of way disc on the western right
of way of Long Beach Road (Variable Public R/W) US HWY 133, said disc having
NC Grid NAD 83(2011) coordinates of North 73755.22 feet and East 2287557.97
feet, which said disc is also South 24°17'39" West a distance of 837.17 feet(ground
distance) from another NC Dot right of way disc on the eastern right of way of
said road with NC Grid NAD 83(2011) coordinates of North 74518.35 feet and
East 2287902.45 feet, thence from the aforementioned disc North 41°14'44" East a
distance of 69.98 feet, North 14°49'09" East a distance of 258.45 feet to an iron rod
set at the intersection of said right of way and the common line of Lot 4 and Lot
1; thence with said line North 74°55'1.1" West, a distance of 19.29 feet, thence
North 15°1.1'30" East, a distance of 13.03 feet, North 81°41'31" West, a distance of
24.02 feet, North 68°38'03" West, a distance of 52.86 feet, thence North 81°45'21"
West, a distance of 54.15 feet to the beginning of a curve to the right; thence
along the arc of said curve a distance of 91.25 feet, said curve having a radius of
752.50 feet, a central angle of 6°56'51" and a chord bearing and distance of North
78°16'55" West 91.19 feet; thence North 74°48'30" West 61.51 feet to the iron rod at
243 North Front Stroat
the Point of Beginning.
Wilmington, NC 28401
Thence from the Point of Beginning and along the common line of Lot 4 and
Lot 5 North 74°48'30" West, a distance of 276.50 feet to an iron rod set; thence
910.343.1048 North 15°11'30" East, a distance of 15.00 feet to an iron rod set on the common
Fox 910.251.82a2 lines of Lot 5 and Lot 1;thence with said line North 15°11'30" East, a distance of
www.mckimcreed.com
i

1IIIIIllhIJI11lIJ f 111 IIIIIII'II'I" 10-13-2014
83575 P1134 10 13:32.002
Brunswick County NC Register of Deeds page 51 of 52OP
140.50 feet to an iron rod set; thence South 74°48'30" East, a distance of 51.50 feet to an
iron rod set; thence North 15°11'30" East, a distance of 36.00 feet to an iron rod set;
thence South 74°48'30" East, a distance of 225.00 feet to an iron rod set; thence South
15°11.'30" West, a distance of 191.50 feet to the Point of Beginning, containing 51,096
SQ.FT. or 1.17 Acres, more or less, all as shown on a plat prepared by McKim.& Creed,
entitled "Subdivision Plat of Longbeach Tract" prepared for Coastal Carolina
Commercial Development,LLC Dated June 16, 2014.
, ,MCE M&CREED

•
EXHIBIT E
SIGN CRITERIA
111111111111111111 8351 •
1 0 1 I���Ii Il II�III Brenda M. Clemmons PROP
Brunswick County, NC Register of heeds page 52 of 52
Location: — __. --••--_-- -- _
1. Normal signing surface is parapet area above shop.
2. Roof-mounted signs are prohibited.
Type Signs:
1. Signs shall be made up of individual letters illuminated on a raceway.
2. Sign material shall be subject to Landlord's approval.
3. Signage lettering shall be white only,with the exception of national tenants with a branded color.
4. Tenant logo, in addition to signage, must be approved by Landlord and be proportionate to the
height of the sign and consistent with basic color of signage.
5. The size of the sign shall be no larger than 3' in height and 10' in width or 80% of the width of
the store front.
6. Exposed neon signs are prohibited.
7. Moving,flashing,rotating,blinking, animated,or audible signs are prohibited.
8. Signs painted on walls or other surfaces are prohibited.
9. Signs on the rear of the building are prohibited.
10. Painted or printed signs on the exterior surface of any building are prohibited. Landlord will
remove any non-conforming signage, and the cost of such removal will be the responsibility of
Tenant.
11. Hanging banners of any type are prohibited.
12. Tenant is responsible for installation of the sign in a watertight manner, properly sealing any
penetration into the building. Penetration of the roofing membrane is prohibited.
13. Tenant is responsible for the maintenance of the sign. The sign shall remain uniformly lit at all
times. In the event the sign is not 100% operational for a period exceeding 5 working days, the
Landlord has the right to hire a sign company to repair the sign and the Tenant will be responsible
for reimbursing the Landlord for all costs associated with this work within thirty (30) days from
receipt of invoice.
14. Tenant is responsible for installing a time clock to control the operation of its sign. Tenant
signage shall remain on during normal business hours of the Shopping Center(typically 7:00 AM
•
— 11:00 PM daily).
15. Tenant may use the sign company of its choice.
73068100.5 29
1

This certifies that there are no delinquent ad
IIII{IIIIIIIIIIIIIIIIIIIINIIIIIIII116 ,314� `�431P6�0�
valorem taxes,fees,assessments or other gru^n..,j k Cm v- ems. ei -�a ��� i or a
a ��o °
liens which the Brunswick County Tax (� j�
Collector is charged with collecting, at are a•Op,o o w "` Reel
lien on:Parcel Number Z-2' ) )) '::center Rev et:
as notated by the Brunswick County to ',')'tak'f "
Assessor's Office. This is not a certification r! ^. ` Vf Clc f' Cash$
that the parcel number mat hes the deed u;rtd: (1:ast:4;_Finance
NCV
.: r5onsoidocum F ant :ii2clii'€duetocondition
NC 2 4 ?Q oioriginal
t3 Donument contains seals venied by original
Date (Asst)Tax I./Del.Tax Spec. instrument tha"n2r eoroducedormp'ed.
core..mac
QUIT-CLAIM DEED
Exeirax: '6
Tax Parcel ID No. Verified by Brunswick County
on the_day of ,2015 By:e. •• •. Q
,{ , r1it-'
i o M x to: VNC-South••rt L •:•i.A 'ha'rin Blvd. Pet.-r Pike Ohio 44124-5704
This instrument was prepared by: 1isl110,01 ' `ik �'•t Q i GY • ' vY) 0 1 t9
Brief description for the Index: • u .';" i ►• IA ' , a ' i''WIN
THIS DEED,made this the I 2 day of Novo_rhbs,r ,2015, by and between
GRANTOR: VNC-SOUTHPORT LLC liability company
whose mailing adrlAno '35 agrin Blvd., Pepper Pike,OH 44124
(herein referred to as Grantor)and
GRANTEE: VNC-SOUTHPORT. LLC,an Ohio limited liability company
whose mailing address is 30050 Chagrin Blvd., Pepper Pike,OH 44124
(herein referred to as Grantee)and ngt
�s odt,y E T H:
For valuable consideration from Grantee to Grantor,the receipt and sufficiency of which
is hereby acknowledged, Grantor hereby gives, grants, quit-claims and conveys unto
Grantee in fee simple, subject to the Restrictions hereinafter provided, if any, the
following described property located in the City of Southport, County of Brunswick, State
of North Carolina, more particularly described on Exhibit A, attached hereto and made a
part hereof(the"Property"). C�'
0 0 N° �'�,1-,1C(l�g @© ° P
vf,©oCnJ
Mail after recording to: Harbor City Title Insurance _
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Agency, Inc., 6201 Fairview ftoaf, Suite 325, '~"'\( d 1
Charlotte,NC 28210;File No. rL�2 2`(y3 br
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Ii1111111111111 Brenda . Clemmons PROP
Brunswick County, NC Register of Deeds page 2 of S
Said Property having been previously conveyed to Grantor by instrument recorded in
Book 3575, Page 1080, Brunwsick County Registry.
000 -
All or a portion of the property^h�it ►,�°. includes or XX does not
include the primary residence W. t rantor.
TO HAVE AND TO HOLD unto Grantee, together with all buildings, improvements and
fixtures located thereon and all privileges and appurtenances thereunto belonging, in
fee simple, subject to the Restrictions set forth on Exhibit B, attached hereto and made
a part hereof.
All references to Grantor and Grantee as �tcs.._Wit the parties as well as
their heirs, successors and`, 1 orbs o 5 include the singular, plural, masculine,
feminine or neuter as requi - .y context.
[Remainder of Page Intentionally Left Blank]
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Brunswick County, NC Register of Deeds page 3 of 6
IN WITNESS WHEREOF, Grantor has duly executed the foregoing as of the day and
year first above written. ngC'© 0 cC�
TE °—°��a VNC-SOUTHPORT, LLC,
an Ohio limited liability company
By: . . , (.
Name: kE E_
,g_}e5 tic anacer
rprod NTa
State of Ohio (Official/Notarial Seal)
County of Cuyahoga
I certify that the following person personally appe edI tw.) -
me this day, each acknowledg pg to�;;N idned the
foregoing document: vf,co o
Lnunic,JkAliccenoki,
[insert name of prinuip 20••1(/I, ,
.. THERESA M.BALES
•r�` :--d• _ NOTARY PUBLIC
� �� .•: STATE OF OHIO
Date:'V , 2015 n� / Recce In
s' p� ` Geauga County
$$ My coo n.Exp.9/21/2020
P blic
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Brenda M. agor% . PROP
Brunswick County, Register of Deeds page 4 of B
EXHIBIT A
LEGAL DESCRIPTION
Oo�Q�
Lots 3, 4 and 5 of the Subdi i n iv.re'illittigbeach Tract Lots 1-5 recorded in Plat
Book B0086,Page 0004 of , 4c County Registry.
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Brunswick County, NC Register of Deeds page 5 of 6
EXHIBIT B
RESTRICTIONS
1. The following covenan a %ts nsure ongoing compliance with State
Stormwater Manageermit Number SW8 140614, as issued by the Division
of Energy, Mineral and Land Resources under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
3. These covenants are to run with tlie, rificilnding on all persons and
parties claiming under theseb VfaU
4. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Energy,
Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Energy, Mi, eral and Land Resources.
c• 0
6. The maximum imperious at o fo`Ilows:
Lot# Maximum Amount of
Impervious Areas(sf)
1 225,076
3 94,517
4 38,783
5 47, Alt
This allotted amour irfcludes any impervious area constructed within the lot
property boundaries,and that portion of the right-of-way between the front lot line
and the edge of the pavement. Impervious area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools. al
7. All runoff from the impervio s ae°IEit gymust drain into the permitted
system. This mayb�Ja►FSr h through providing roof drain gutters, which
drain to the pond onus reet, grading the lot to drain toward the street or directly
into the pond, or grading perimeter swales and directing them into the pond or
street.
13616373.1
�'n 0

�C� o � nI II�I II I NI I3716 P0319 IN13 P0010
OO,L,,,°� Brunswick County, NC Register of Deeds page 6 of 6
8. Impervious area in excess of the permitted amount will require a permit
modification.
9. All affected lots shall maintain a 50' w'd- tcitr.fabuffer adjacent to surface
waters, measured horizo talc`�o^:115 perpendicular to the normal pool of
impounded structureC�k6p o bank of each side of streams and rivers and the
mean high water line of tidal waters.
10. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is
subject to enforcement procedures as set forth in G.S. 143,Article 21.
11. Each lot within the subdivision whose Nig‘44 retained by the permittee,
must submit a separate Of I#k i� t r Management Permit application
package to the Divi o)bf Energy, Mineral and Land Resources and receive a
permit prior to any construction on the lot.
vot
13616373.1 �� ° �nrnsg_ ��©
G �1 °

January 22,2016
Via overnight mail
Ms.Christine Hall
Environmental Engineer
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington,NC 28405
RE: State Stormwater Management Permit No.SW8-140614
Long Beach Crossing
Brunswick County(Southport),NC
Dear Christine:
In follow-up to your letter of September 8,2015 and our prior conversations,enclosed please find signed originals of the
Ownership Name Change Form, whereby we reflect the new Owner's name as VNC-Sou port, LLC. We had
previously provided you with copies of the recorded deeds which incorporate the Deed Restrictions and Protective
Covenants,but I have attached two additional copies of the two deeds(one for VNC's property and the second for Food
Lion's property),as called for in the below referenced application form.
In addition, I have enclosed the appropriate paperwork to reflect the Transfer of the Permit to Food Lion for the
property under their ownership,as well as the completed documents to effectuate the permit transfer for the property
retained under VNC-Southport's ownership. In connection with this, I have also enclosed a copy of the recorded
Declaration of Easements,Covenants,Conditions and Restrictions(B3575,P1084). I wanted to call to your attention
paragraph 4.03(a)at the top of page 13,which spells out the both us and Food Lion will maintain all facilities within the
properties under our ownership. I believe that this,in conjunction with the information contained within the permit
transfer paperwork,should reassure NCDENR that all stormwater facilities connected with this project will be properly
maintained at all times in the future.
As it relates to the permit transfer to VNC—Southport,LLC,we have enclosed the original executed Permit Application
Form(form SWU-101)and one additional copy of that form,our check in the amount of$505.00 to cover the permit
application transfer fee, two copies of the recorded Deed Restrictions&Restrictive Covenants, and a copy of the
Designer's Certification of Completion(as called for Section II.l.b of Form SWU-l01).
And lastly, as it relates to the permit transfer to Food Lion, LLC, we have enclosed the original executed Permit
Application Form(form SWU-101)and one additional copy of that form,our check in the amount of$505.00 to cover
the permit application transfer fee,two copies of the recorded Deed Restrictions&Restrictive Covenants,and a copy of
the Designer's Certification of Completion(as called for Section II.1.b of Form SWU-101).
Christine,I believe that this should now provide your office with all of the documentation required to properly transfer
the permits to each of the two entities.And again,by virtue of the transfer paperwork and recorded deed restriction and
DECCR,the facilities will be properly maintained. Please update your records to reflect these new entities.Should you
have any questions need and additional information,please contact me immediately. Thank you for your cooperation in
dealing with this matter.
Sincerely,1C outhport, LC
Je ey Cossel
De lopment Manager
cc: File-Permits(w/enclosures) 0 1„/Ep
Mr.Mark Rufty,Food Lion(w/enclosures)
JC(w/o enclosures) ', JAN 2 5 2015
e
BY:
VISCONSI COMPANIES LTD 30050 Chagrin Boulevard,Suite 360,Pepper Pike,OH 44124 t 216.464.5550 F 216.464.7219 www.visconsi.com

Hall, Christine
From: Hall, Christine
Sent: Wednesday, October 14, 2015 4:08 PM
To: 'Richard (Rick) A. Moore'
Subject: RE: Notice of Inspection - Non-Compliant
Rick,
I had received an e-mail from Jeffrey Cosset regarding this project just the other day. To answer your question, you can
submit all 3 applications at the same time. As long as the site is in compliance with the permit,the transfer should be a
smooth process. I haven't looked at the drainage area map in a while, but I assume there is be some overlap in
drainage areas between the two parcels that could make the permitting part interesting.
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
-:"Nothing Compares ..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Richard (Rick) A. Moore [mailto:[e-mail]]
Sent: Wednesday, October 14, 2015 2:06 PM
To: Hall, Christine<[e-mail]>
Subject: Notice of Inspection - Non-Compliant
Christine-
Seems as though I'm trying to monopolize your time these days...I apologize.
I was provided a copy of the letter sent to Visconsi and Food Lion of the non-compliant inspection performed on 8/27/15
-the letter was dated 9/8/15 -this is for SW8 140614. I'm going to help them get back into compliance on these issues
and I want to be sure that I advise them in the proper manner on the order in which this all needs to happen.
1. Currently their attorney is drawing up the deed restrictions for both the Visconsi parcel and the Food Lion
parcel. They are going to record each of those. Once recorded, a copy will be provided to you. This should
address item 1 in your letter.
2. Their intent is to go with option B for item 2. So we will prepare a name change application form transferring
the permit from Mr.Visconsi and Dr. Hilaman to VNC-Southport LLC using "SSW N/O Change Rev24Sept2012" -
1

the way I read the application, there is no fee for this initial transfer. Then 2 separate SWU-101 applications will
be completed -one for the portion VNC Southport LLC will own/maintain with all of the pertinent information
and the other being in Food Lion's name and will include all of the information for the pond they will
own/maintain. These both will require$505 modification fees. Can all 3 of these applications be submitted in
one permit package or do they need to submit the name change first, have it approved and then submit the 2
different SWU-101 packages?
Sorry for basically rehashing what you said we are just trying to make sure that we understand fully and that we have it
done in the appropriate manner.
Thank you-
Rick
Richard (Rick) A. Moore, PE, LEED AP I Senior Project Manager
Tel [phone] I Cell 910.386.6359
243 North Front Street I Wilmington, NC 28401
[e-mail] I littp_//www.mckimcreed.com
.410McKIM&CREED
ENGINEERS SURVEYORS PLANNERS
Follow us on: YouTube I twitter I facebook I Linkedln
Visit our NEW website, www.mckimcreed.com
To send me a file larger than 20MB or a zip file please click here
This e-mail and any files transmitted with it are confidential
and intended solely for the use of the individual or entity to
whom they are addressed. If you have received this e-mail in
error please notify the system manager. Please note that any
views or opinions presented in this e-mail are solely those of
the author and do not necessarily represent those of the
company. Finally,the recipient should check this e-mail and
any attachments for the presence of viruses. The company
accepts no liability for any damage caused by any virus
transmitted by this e-mail.
2

Hall, Christine
From: Hall, Christine
Sent: Tuesday, October 13, 2015 8:16 AM
To: 'Jeffrey Cossel'
Subject: RE: Stormwater Permit No. SW8 140614, Long Beach Crossing, Brunswick County
Jeffery,
Thank you for the e-mail. I really appreciate the update on the status and am glad things are progressing. Please keep
me up to date on the progress and don't hesitate to let me know if you have any questions.
Thanks again,
Christine
Christine(Nelson) Hall
Environmental Engineer
NC DEQ Division of Energy, Mineral and Land Resources-State Stormwater Program
127 Cardinal Drive Ext.,Wilmington, NC 28405
Direct:91.0 796-7335/Main:910-796-7215/Fax:[phone]/[e-mail]
http://portal.ncdenr.org/web/Ir/storrnwater
Email 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:Jeffrey Cossel [mailto:[e-mail]]
Sent: Monday, October 12, 2015 4:14 PM
To: Hall, Christine<[e-mail]>
Subject: Stormwater Permit No. SW8 140614, Long Beach Crossing, Brunswick County
Hello Christine. In the event Rick Moore has not had the opportunity to speak with you, on behalf of Visconsi Land Co.,
Ltd, I wanted to put into writing our response regarding the non-compliance letter that you had sent dated September 8,
2015. Please accept our apologies for the oversight in not properly handling the specific permit conditions
As for the recorded deed restrictions that you referenced in your item 1, we are in the process of preparing corrective
deeds that will incorporate the restrictions contained as Permit Conditions 11.15. We will soon execute and record these
deeds, one each for VNC-Southport LLC and Food Lion LLC, and will forward copies to your attention after
recording. Recording of the deeds should occur within the next two weeks, and that should satisfy item 11.16 as well.
As it relates to item 2 from your letter, we will be handling the transfer of the permit as indicated in your option b. That
is, since each of the parties will be responsible for the maintenance of the facilities within their parcel, we will divide out
the portion Food Lion will maintain and will transfer the permit obligations for their facilities to them. Similarly, the
portions of the facilities that exist on land VNC-Southport will own,will be our maintenance obligation, and thus the
remaining portion of the permit obligations will be transferred to that entity. We understand that there is a $505 fee for
each of these two transfers. We will commence that paperwork immediately upon recording of the deeds mentioned in
the previous paragraph.
Christine, thank you again for your cooperation throughout this entire process. I believe you should already have on file
Rick Moore's Certificate of Completion. As soon as we have the deeds and transfer paperwork completed,we will
forward them to your office for handling. Thank you.
Jeffrey Cossel, PE, LEED AP
1

Development Manager
Visconsi Companies, Ltd.
30050 Chagrin Boulevard,Suite 360
Pepper Pike, Ohio 44124
216-464-5550
[e-mail]
2

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
September 8, 2015
Mr. Dominic Visconsi, Jr., Managing Member
Visconsi Land Co. Ltd.
30050 Chagrin Blvd., Suite 306
Pepper Pike, OH 44124
And
VNC-Southport, LLC
30050 Chagrin Blvd, Suite 360
Pepper Pike, OH 44124-5774
And
G. Linn Evans, Manager
Food Lion, LLC
210 Executive Dr.
Salisbury, NC 28147
Subject: Notice of inspection - Not C,•mpiiant
Long each Crossing
State Stormwater 'lan.gement Permit No. Svv 1406114
runswick County
Dear Mr. Visconsi and Mr. Evans:
On August 27, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Long Beach Crossing, located at on Long Beach Road in Southport,
Brunswick County to determine the status of compliance with the State Stormwater Management
Permit Number SW8 140614 issued on August 21, 2014. DEMLR file review and site inspection
revealed that the site is not in compliance with the terms and conditions of this permit. Please find a
copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which
summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Permit Conditions 11.15 and 16: Please submit a copy of the recorded deed restrictions.
2. Permit Conditions 11.4, I1.8.c, 111.1, and 111.2: A review of the Brunswick County NC GIS website
and Register of Deeds found that this property has been transferred or sold to VNC-Southport,
LLC. Additionally, VNC-Southport, LLC appears to have sold a single parcel containing one of
the approved stormwater control measures to Food Lion, LLC. As noted in item 3 of the cover
letter attached to the permit issued on August 121, 2014 and in the aforementioned permit
conditions, if either lot that contains a BMP is sold, the permittee shall submit a modification or
transfer of ownership to the Division for approval. Please work together to select one of the
following two options:
a. Transfer the current permit to both VNC-Southport, LLC and Food Lion, LLC with both
entities being co-permittees. The cost to transfer this permit is free; however future
compliance issues will be the responsibility of both entities.
Division of Energy, Mineral, and Land Resources
Land Quality Section-Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
[phone]/Fax: [phone] o Internet: http://portal.ncdenr.orq/web/Ir/

Long Beach Crossing
September 8, 2015
b. Transfer the permit to VNC-Southport, LLC, who then requests the permit be
modified to divide out the portion sold to Food Lion, LLC. Food Lion, LLC will be
responsible for obtaining their own separate high density permit at the same
time. The cost of the modification and the new permit application is $505 for
each. With separate permits, both entities will be responsible for compliance with
their own permit.
Until the current permit is transferred, each entity using the pond is considered to be in
violation of the State Stormwater rules for operating a treatment system and/or
discharging to a permitted treatment system without a valid permit.
Please inform this Office in writing before October 12, 2015, 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, or to respond to this letter by the due date, may initiate enforcement
action including the assessment of civil penalties of up to $25,000 per day. If a written plan of
action is not submitted to this office by October 12, 2015 then DEMLR staff will re-inspect the
site and issue a Notice of Violation if the listed deficiencies have not been addressed.
If the property covered by this permit has been/will be sold or legally conveyed to another entity
or if the permit holder has changed its name and/or mailing address, or if the project name has
been changed, it is your responsibility as the permittee to submit a completed and signed
Name/Ownership change form to DEMLR at least 30 calendar days prior to making the
changes. These forms are available on our website at: http://portal.ncdenr.orq/web/Ir/state-
stormwater-forms docs.
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number (910)-796-7215 or via email at [e-mail].
Sincerely,
)i t use"<< ✓� t°
Christine Hall
Environmental Engineer
Enc: Compliance Inspection Report
'; GDS\canh: \\\Stormwater\Permits & Projects\2014\140614 HD\2015 09 CEI deficient 140614
cc: Richard Moore, McKim &Creed
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 2 of 2

Compliance Inspection Report
permit: SW8140614 Effective: 08/21/14 Expiration: 08/21/22
Project: Long Beach Crossing
Owner: Visconsi Land Co LTD
County: Brunswick Adress: Long Beach Rd
Region: Wilmington
City/State/Zip: Southport NC 28461
Contact Person: Dominic A Visconsi Title: Phone: [phone]
Directions to Project:
From int.of Hwy 211 and Hwy. 133,head SW on Hwy 133 for approx.0.3 miles site on right.
Type of Project: State Stormwater-Exclusion State Stormwater-HD-Other
State Stormwater-HD-Detention Pond State Stormwater-Redevelopment
Drain Areas: 1 -(Jump and Run Creek) (03-06-17)(SC;Sw)
2-(Jump and Run Creek) (03-06-17)(SC;Sw)
3-(Jump and Run Creek) (03-06-17)(SC;Sw)
On-Site Representative(s):
Related Permits:
Inspection Date: 08/27/2015 Entry Time: 11:00AM Exit Time: 12:00PM
Primary Inspector: Elsie C James Phone:
Secondary Inspector(s):
Christine A Hall
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
gg State Stormwater
(See attachment summary)
page: 1

permit: SW8140614 Owner-Project: Visconsi Land Co LTD
Inspection Date: 08/27/2015 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
In order to bring this site into compliance:
1. Please submit a copy of the recorded deed restrictions per permit conditions 11.15 and 16.
2. As noted in item 3 of the cover letter attached to the permit issued on August 121,2014 and 2. Permit Conditions
11.4, 11.8.c, 111.1, and 111.2, if either lot that contains a BMP is sold,the permittee shall submit a modification or transfer of
ownership to the Division for approval. Please work together to select one of the following two options:
a. Transfer the current permit to both VNC-Southport, LLC and Food Lion, LLC with both entities being co-permittees.
The cost to transfer this permit is free; however future compliance issues will be the responsibility of both entities.
b. Transfer the permit to VNC-Southport,LLC,who then requests the permit be modified to divide out the portion sold to
Food Lion, LLC. Food Lion, LLC will be responsible for obtaining their own separate high density permit at the same
time. The cost of the modification and the new permit application is$505 for each. With separate permits,both entities
will be responsible for compliance with their own permit.
page: 2

Permit: SW8140614 Owner-Project: Visconsi Land Co LTD
Inspection Date: 08/27/2015 Inspection Type Compliance Evaluation Reason for Visit: Routine
Fite Review Yes No NA NE
Is the permit active? f ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑
Signed copy of the Operation&Maintenance Agreement is in the file? E ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑
Comment: A copy of the recorded deed restrictions could not be found in the file.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ 0 a
Is the drainage area as per the permit and approved plans? ❑ 0 0 E
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: (NE=not evaluated. Site is still under construction)
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? NE ❑ ❑ ❑
Are the inlets located per the approved plans? M ❑ ❑ ❑
Are the outlet structures located per the approved plans? 'IA ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? NE ❑ ❑ El
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ FE El ❑
Comment: A review of the Brunswick County NC GIS website and Register of Deeds found that this property has
been transferred or sold to VNC-Southport, LLC. Additionally,VNC-Southport, LLC appears to have
sold a single parcel containing one of the approved stormwater control measures to Food Lion, LLC.
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? NI ❑ ❑ ❑
Comment:
page: 3

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Corporations Division Page 1 of 1
.'1* "'A '''.4f North Carolina
,1 1i
,I Elaine F Marshall
DEPARTMENT� MENT l THE
,l, Secretary SECRETARY OF STATE
PO Box 29622 Raleigh,NC 27626-0622 [phone] Account
Login
Click Here To: Register
View Document Filings File an Annual Report Print a Pre-Populated Annual Report form
Amend a Previous Annual Report
Corporate Names
Legal: Food Lion, LLC
Limited Liability Company Information
Sosld: 0515948
Status: Current-Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 1/7/2000
Fiscal Month: December
State of Incorporation: NC
Registered Agent: Corporation Service Company
Corporate Addresses
Principal Office: 2110 Executive Drive
Salisbury, NC 28147-9007
Reg Office: 327 Hillsborough Street
Raleigh, NC 27603-1725
Reg Mailing: 327 Hillsborough Street
Raleigh, NC 27603-1725
Mailing: PO Box 1330 2110 Executive Drive
Salisbury, NC 28147-9007
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager: G. Linn Evans
2110 Executive Drive
Salisbury NC 28147
Manager: Margaret M Ham
2110 Executive Drive
Salisbury NC 28147
Manager: Frans Muller
2110 Executive Drive
Salisbury NC 28147
http://www.secretary.state.nc.us/Search/profcorp/5299624 9/8/2015

r
IIIII111 14Yet1: IIIIIIIIIIII "3575 Pu3s '°-13-20,003u, untY NC Register heeds page'1 of38
W CSemmons PROP
This certifies that there are no delinquent adf C)a 0\19) Brenda M. Clemons Register of Deeds
valorem taxes,fees,assessments or other 10-13-2014 13:38:32.003 Brunswick County, NC
liens which the Brunswick County Tax NC REVENUE STAMP: $2302.00 (#411783)
Collector is charged with collecting,that are a n ,
lien on:Parcel Number Z.21f)1y '1 a• 4'I `' Ret:as notated by the Brunswick County ,�► �.
Assessor's Office. This is not a certification / • r/ 7�� Int, �S�
that the parcel number matches the deed / !1 T� �� Ck� ��
lX �( y,�1T!;�P _Ck �7�:Cash$
description. f r� ,4fifp) ° i% Cash$ Finance
OCT 1 3 2014 �0 U WUu RPatonsofdocument are Illegible due tocondition ..,_:
Date (Asst)T Col.I Del.Tax Spec O ° ; �r D Dgaufg tltcontains seals verified by original 'IF--
instrument that cannot be reproduced orcopled. OfL��(11 g
GENERAL WARRANTY DEED
Excise Tax: f 2302.00 .'.t
Tax Parcel ID No.lbr4i on oP- Verified b - n*Ahemir-
on the day of 1a�o
ro
Mail/Box to: Food Lion,LLC,Attn: Real Estate Dept.,2110,Executive Drive,Salisbury,NC 28147
This instrument was prepared by: IMillinrii M• VhIIIljisr VLb'b'i{,r, i' HH,ski-How r f}DNf3-CY
Brief description for the Index:
THIS DEED, made this the 7,-
day of Q�-1-a 6 t r,,e` , 2014, by and between
©5C
GRANTOR: VNC-963T,LLC, an Ohio limited liability company
whose mailing address is 360 Corporate Circle, 30050 Chagrin Blvd.,
Pepper Pike, OH 44124-5704
(herein referred to as Grantor)and
GRANTEE: FOOD LION, LLC, a North Carolina 4•;ed liability company
whose mailing address is 21 .4.,I,- Salsibru NC 28147
o
(herein refers c`As° ff'
Grrantee)and
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 Exce ti•,Le•' . Reservations hereinafter
provided, if any, the following de cri,e¢ p• - ed in the City of Southport,
County of Brunswick, Stat(v , Wog:r'd"ine, more particularly described on Exhibit A,
attached hereto and made= part hereof.
73072511.1 �T�n��'O°�`"�
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(`�n� tl i i III IIIIIIIIII p575 P113� 10_,3_2014
� 13:36:32.003
t U W Brenda M. Gammons PROP
O° ° Brunswick County, NC Register of Deeds page 2 of 6
Said property having been previously conveyed to Grantor by instrument(s) recorded in
Book1.575, Page /0 , and being reflected on plat(s) recorded in Map/Plat
Book g , , page/slide 64 .
All or a portion of the property herein conveyed Wes or XX does not
include the primary residence of p ° ns
OC° °
TO HAVE AND TO HOLD unto Grantee, together with all buildings, improvements and
fixtures located thereon and all privileges and appurtenances thereunto belonging, in
fee simple, subject to the Exceptions and Reservations hereinafter and hereinabove
provided, if any.
And Grantor hereby warrants that Grantor is seized of the _remises in fee and has the
right to convey same in fee simple, that titlee m0Q and is free and clear of
encumbrances other than as^^sc�fo%(a? 4df e hat Grantor will forever warrant and
defend the title against the t6 &Paims of all persons or entities whomsoever.
This conveyance is made subject to the Permitted Encumbrances set forth on Exhibit B,
attached hereto and made a part hereof.
All references to Grantor and Grantee as used herein shall include the parties as well as
their heirs, successors and assigns, and shall includ� singular, plural, masculine,
op
feminine or neuter as required by cte xt ,�
° g@OO °
god ° l�1
[Remainder of Page Intentionally Left Blank]
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6°a ifiI�IIIIII III!IIIIIINIIIIII 83515 P113$mmons 201PROP
O " 13::32.003
Brunswick County, NC Register of Deeds page 3 of
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day
and year first above written.
VNC-Sgiy 4ORT, LLC,
r.6nib`timited liability company
Tack°aua
By: 170v`M-, C lila-AAA-4
Name:,► v d A.); c A. V►5 eons rz•
Title: Manager
Lo.J �ng@0°aa '
State of Ohio (Official/Notarial Seal)
County of Cuyahoga
I certify that the following person personally appeared before
me this day, each acknowledging to me that he signed the ,_oiP�"",sF\ FRANCINE M. LOTARSKI
foregoing document: as °2 Notary Public,State of Ohio
(5)CVaOO My Commission Expires 7/211201
° l • .:1).o f o?..' Recorded in Geauga County
[insert n rfr of principal] `
Date;. / ,2014
. 4_
arvvg, �L-.o77a
[print name]
�rr}issio�Expires:
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I III IIIIIIIIIIIIII 7d pi13s ,m ,3-20,4
V•Jlia� 13:3632.003
Brenda M. Ctemmons PROP
O�oa runswiek County, NC Register of Deeds page 4 of 6
lJJ
EXHIBIT A
LEGAL DESCRIPTION
Lot 1 of the Subdivision Plat of Longbeach Tract Lots 1-5 recorded in Plat Book ��,
Page(5' of Brunswick County Registry being morA ply described as follows:
goo
That certain tract of land 11444 000dd Folly Township, Brunswick County, North
Carolina, said tract being a portion of the tract described in Deed Book 2300, Page 555
of the Brunswick County Register of Deeds and being more fully described as follows:
Beginning at an iron rod set, said rod being at western right of way of Long Beach Road
(Variable Public R/W) US Hwy 133 and also being the southeastern most corner of the
herein after described Lot 1 and the northeastern corner pf Lot 4, said rod also being
North 14°49'09" East a distance of 258.45 fe TRD* ht of way, from an iron rod
set, said rod being North 41°14' 4" ; ace of 69.98 feet from another NC Dot
right of way disc having NCga 83(2011) coordinates of North 73755.22 feet and
East 2287557.97 feet, said disc also being South 24°17'39" West a distance of 837.17
feet(ground distance)from another NC Dot right of way disc on the eastern right of way
of said road, with NC Grid NAD 83(2011) coordinates of North 74518.35 feet and East
2287902.45 feet; said iron rod being the Point of Beginning.
Thence from the Point of Beginning and leavings i ht of way and along the
common line between Lot 1 and Lot 4 � �,a 1 -inalIs, North 74°55'11" West, a
distance of 19.29 feet to .4p� 0(02 ence North 15°11'30" East, a distance of
13.03 feet to an iron rod s6t;1,ence North 81°44'07" West, a distance of 74.46 feet to
an iron rod set; thence North 68°15'36"West, a distance of 51.49 feet to an iron rod set
at the beginning of a curve to the right; thence along the arc of said curve a distance of
96.36 feet, said curve having a radius of 752.50 feet, a central angle of 7°20'12" and a
chord bearing and distance of North 78°28'36" West 96.29 feet to an iron rod set;
thence North 74°48'30"West 61.51 feet to an iron rod set on the common line between
Lot 1 and Lot 5;thence leaving the line of Lot 4 9,94 al line of Lot 5 and Lot 1 the
following calls North 15°11'30" s �, WAV10 feet to an iron rod set; thence
North 74°48'30" West, a #" e fu 2`15.00 feet to an iron rod set; thence South
15°11'30" West, a distance of 36.00 feet to an iron rod set; thence North 74°48'30"
West, a distance of 51.50 feet to an iron rod set; thence South 15°11'30" West, a
distance of 140.50 feet to an iron rod set on the common line between Lot 1 and Lot 4;
thence with said line North 74°48'30"West, a distance of 200.64 feet to an iron rod set
on the common line between Lot 1 and Lot 2; thence with said line North 00°25'40"
West, a distance of 106.91 feet to a point in the run of Jyr,np and Run Creek, on the
common line between West Trace Subdivi ' NaOrkelt T, Page 270 and Lot 1;
thence along said line and witfai , I70°25'40" West, a distance of 286.27
feet to a point; thence Noit° . 7" West, a distance of 188.32 feet to an iron rod
set; thence leaving said line and creek and along the common line between Lot 1 and
East Trace Subdivision Map Book T, Page 372 South 74°48'30" East, a distance of
883.68 feet to an iron rod set on the western right of way of Long Beach Road; thence
73072511.1 �_^ /�O o o` ` '
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III ' ►AIIIIII II I III 83515 P1140 10-3-2014
�;�' 13: 6:32.003
© °ta� Brenda M. ens PROP
l%� runswiek County, NC Register of Deeds page 5 of 6
with said right of way South 10°33'26"West, a distance of 52.48 feet to an iron rod set;
thence leaving said right of way and along the common line between Lot 1 and Lot 3 the
following calls North 74°48'30"West, a distance of 21.04 feet to an iron rod set; thence
North 15°11'30" East, a distance of 9.31 feet to an iron rod set; thence North 74°48'30"
West, a distance of 138.65 feet to an iron rod set on the arc of a curve to the left;thence
along the arc of said curve a distance of 42.84 fee • si'vsaye having a radius of 28.41
feet, a central angle of 86°23'53" a • - �j, � nr� and distance of South 61°14'00"
West 38.90 feet to a mag tc 1 ce South 15°07'25" West, a distance of 421.00
feet to an iron rod set at th beginning of a curve to the left;thence along the arc of said
curve, a distance of 43.20 feet, said curve having a radius of 27.50 feet and a central
angle of 90°00'00"and a chord bearing and distance of South 29°48'30" East 38.89 feet
to an iron rod set at a beginning of a curve to the left; thence along the arc of said curve
a distance of 91.78 feet, said curve having a radius of 716.37 feet a central angle of
7°20'27", and a chord bearing and distance of South 78° 4'25" East 91.72 feet to an
iron rod set; thence South 81°45'21" East, a •i -g4 .48 feet to an iron rod set;
thence South 79°52'25" East, a,�tt is FO i RR' '. eet to a mag nail set on the western
right of way of Long Beachr'=6??`hence with said right of way South 20°12'12"West a
distance of 52.61 feet to a right of way disc; thence South 14°49'09"West a distance of
15.73 feet to the Point of Beginning, containing 295,221 Sq. Ft. or 6.78 Acres, all as
shown on a plat prepared by McKim & Creed, entitled "Subdivision Plat of Longbeach
Tract" prepared for Coastal Carolina Commercial Development, LLC dated June 16,
2014.
TOGETHER WITH non-exclusive aopu - �,}� = .itr igvhts pursuant to that certain
Decl ration of Covenants, , a�rr'( restrictions recorded in BookZEUT Page
of the Brunswick Cou egistry.
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EXHIBIT B
• PERMITTED ENCUMBRANCES
1. Taxes and assessments for the year 2015 and subsequent years, not yet due
and payable. ) O o •
2. Right of Way Easem QkiZillMuthern Bell Telephone and Telegraph
Company as recorde&in Book 728, Page 262; and Book 778, Page 629, all of
the Brunswick County Registry, reference being made to the records thereof for
the full particulars.
3. Right of Way Easement(s) in favor of Southeastern Brunswick Sanitary District as
recorded in Book 1134, Page 69; and Book 1202, Page 626, all of the Brunswick
County Registry, reference being made t�thirds thereof for the full
particulars. ��Od otin Sic o 0
4. Rights of others thereto entitled in and to the continued uninterrupted flow of
creek located on insured premises.
5. The location of the boundary lines of the land is insured, but the engineering
calculations in computing the amount of acreage contained therein is not insured.
6. Matters shown on the Subdivision Plat recorded in ......, Page 64/ of the
Brunswick County Registry a�gd °
7. Declaration of Coven� o��
ts, Conditions and Restrictions by VNC-Southport, LLC,
recorded in Book 3S']S Page.0S' , Brunswick County Registry.
O o
73072511.1 gnSg0 0
vroa°

] ofl
C Division Page_
�
North Carolina
°_,.°'"'~, , ' ,~'='°^'~..l DEPARTMENTOF THE
SECRETARY STATE
Secretary
P0�omo0�/oR�i��h.wC��V�e���� {�t��Oy�2nnV Account
Login
Click Here To: Register
-
View Document Filings File an Annual Report Print a Pre-Populated Annual Report form
Amend a Previous Annual Report
Corporate Names
Ln0u|: VN{;Gouthpnrt. LbC
Limited Liability Company Information
Gon|d: 1595158
Status: Current-Active
Annual Report Status: Current
Citizenship: Foreign
Date Formed: 012/2014
Fiscal Month: December
State ofIncorporation: OH
mn8iotunod Agent: CT Corporation System
Corporate Addresses
Reg Office: 1 0 FayettevilleGt, Bnx1O11
Raleigh. NC 27801-2957
Reg Mailing: 1 0 Fayettevillefx, 8ox1O11
Raleigh. NC 27601-2957
Mailing: 2S425 Chagrin Blvd Suite 3O8
C|eve|und, 0H 441224087
Principal Office: 30050Chaghn B|vd, Guite30O
Pepper Pike, OH 44124~5774
Company Officials
All LLCo are managed by their managers pursuant toN.C.G.G. 57D'3'2O.
Member: Vi000noi Holding Company, Ltd.
3O05U Chagrin D|vd..#36O
Pepper Pike 0H 44124
http://www.secretary.state.nc.us/Search/profcorp/10593854 0/25/2015

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IIIIIIII II II I II IIIIII II III 111 k3575 Pi080 13- 6-3 '001
rends M. Clemmons PROP
,� Br is ?. _ , NC Register of Deeds page 1 of 4
Ifitt%Mies that RIM*aril{'1('f Si �`' -emmons Register of Deeds
� ����`fg-13-2014 13:36:32.001 Brunswick County, NC
1�(p�gM1lilac;,tic
^" ?�Prt�Rie F cr Ol J O NC REVENUE STAMP: $3900.00 (P411761)
NM*Nei Nte gf;:, Amity To _ '
lien ant hpd - i Rey. If
88t N Neely �/ To R In i�
MOWN is R9t i estilhheatt J C Cash$ —
Mai a BUM f IBi3 Mg doll Refund: Cash$ Finance_.—....
OCU=U014 4 ` OPomornotdT Illepible due tocondilloa .,.iv. d77 J
le (ABef'fis :/®81: 9g€ �T n tridtcOntaNnoeels wedged by or ` ��
II
T(o 6,ts�� o mm
c irrenutnimtnMoannottoTprOducedorcopled• ;MOE
This instrument prepared by: Robert K.Serra,a licensed NC Attorney. Delinquent taxes,if any,to be paid
by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. No
title opinion or closing service rendered by preparer.
Revenue
l ps1 O t)OS r1
STATE OF NORTH CAROLINA 0 o nQ '
COUNTY OF BRUNSWICK // O6 o W TY DEED
141
This Deed,made this tc, day of a4tesa.--- ,2014,by and between COASTAL CAROLINA
COMMERCIAL DEVELOPMENT LLC,aNC Limited Liability Company,Grantor and VNC-SOUTHPORT,
LLC,an Ohio Limited Liability Company,Grantee,whose mailing address is 30050 Chagrin Blvd.,Suite
360,Pepper Pike,OH 44124. �O O ngt
TOp6 )v -SSETH:
That the Grantor, for valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee,in fee
simple,all of that certain lot or parcel of land situated in the County of Brunswick,State of North Carolina
nigZ
and more particularly described as follows: �@0 ° -
°tit Ta*g
BEING all of that 27.399 acres(4> ess),more particularly described in Exhibit A attached hereto.
Grantor acquired title to this property by Deed recorded in Book 2300,Page 555,Brunswick
County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel
ell of land ap.d all privileges and
appurtenances thereto belonging to theGra ) :t iL Ss_rs anndasssigns,in fee simple.
Teo Ot
Mail after recording to: Harbor City Title Insurance
Agency, Inc., 6201 Fairview Road, Suite 325,
Charlotte,NC 28210;File No.
Vrod°
Cr
crod°

�� a��r`��'`'`yIl IIIIjJ1iiiIIji1rB3579 P308i 10-19-2014
° Brunik Cpage 2 of 4
And the Grantor covenants with the Grantee,that the Grantor is seized of the premises in fee
simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all
encumbrances,and that Grantor will warrant and defend th titl._g
yam t.the lawful claims of all persons
er
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whomsoever except for the foll dys ign 4iereinafter stated. Title to the property herein above
described is subject to the following�u exceptions:
1. See Exhibit B for exceptions to general warranties.
IN WITNESS WHEREOF,the Grantor has hereunto set their hand and seal,the day and
year first above written. (��0 o oQt
Cli o
T OO`='° a COASTAL CAROLINA COMMERCIAL
DEVELOP ENTXLLC
BY: /J r j4C
BRAD L.HILAMAN
AS MANAGER
The Grantor represents that thish property(( is i o°�l�,t eir primary residence.
STATE OF r,o'At. �`^' `ty .l CctfJ2Va OF 8/csAAAke 1.
I,a Notary Public in and for the State and County aforesaid,certify that the following
person personally appeared before me this day and being authorized to do so,acknowledged to
me that he signed the foregoing document for and in behalf of COASTAL CAROLINA
COMMERCIAL DEVELOPMENTxLLC,for the purpose stated therein and in the capacity
indicated and I either have personal knowledge of the identi he person or I have seen
satisfactory evidence of identity by current stat ra,lbcation with the person's
photograph: BRAD L.HILAM0A °A
lVf It.
w.(D Date: 10-6-1`i g' ,
1��-+�1
--- %I't°a
(Notary Signature)
My Commission expires: ( I—WS-
��1e R t,4//ii
sF�%
(Notary Seal) �o��o© °__ Ho p
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=IIIIIIIIIIIIi B3575 P1061 13:36:32.0
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111111 s,.,,�i • nty, NC Register of Deeds page
PROP
wro6 0��'auu- Page 3 of 4
u Exhibit A
Brunswick County,North Carolina
Beginning at an Iron rebar found in the South East corner of property thence S54°37'35"W a distance of
551.45'to an iron rebar found;
Thence N35°13'06'W a distance of 124.90'to an iron rebar set;
Thence 554°47'44"w a distance of 155.81'to an iron rebar set; nl}
Thence N06°4458"W a distance of 142.87'to an iron rebar •
Thence NO3°48'54"W a distance of 35.4 to 0
Thence N09°28'06"W a distanncceA 10 f� ar set;
Thence N20°10'49"W a. T, a7'.¢¢'t'to an iron rebar set;
Thence N39°24'S1"W a d tance of 37.12'to an iron rebar set;
Thence N12°21'11"W a distance of 15.27'to an iron rebar set;
Thence N33°43'03"E a distance of 50,52'to an iron rebar set;
Thence N52°41'S5"W a distance of 94.15'to an Iron rebar set;
Thence S54°41'14"W a distance of 303.65'to an,iron rebar set;
Thence N35°21'32'W a distance of 224.94'to a pipe found;
Thence N35°23'34"W a distance of 74.88'to an iron rebar found;
Thence N35°17'54"W a distance of 74.15'to an iron rebar found;
Thence N65°15'46"W a distance of 192.01'to a pipe found; nay
Thence N73°03'10"W a distance of 175.39'to a pipe fouund•• l`y
Thence S27°54'Z8"W a distance of 83.01'to: O 0
Thence S39°50'37'W a distance�.y 77.1 a t . d''e•
Thence N35°23'22"W a..plc=(ii^y i 20.r to an Iron rebar set;
Thence S54°36'51'W a d Lance of 149.93'to an Iron rebar set;
Thence S35°23'09"E a distance of 55.20'to a pipe found;
Thence S44°44'56"W a distance of 76.20'to a pipe found;
Thence S65°37'29'W a distance of 76.45'to a pipe found;
Thence S70°39'57"W a distance of 78.01'to a pipe found;
Thence 552°38'21'W a distance of 176.62 to a pipe found;
Thence N34°0946"W a distance of 557.13'to an Iron rebar set;
Thence N48°11'03"E a distance of 338.28'to an iron rebar set;
Thence N73°11'40"E a distance of 84.48'to a pipe found;
Thence N58°11'06"E a distance of 76.70'to a pipe found; (nQ
Thence N56°05'31E a distance of 76.2 to a•
• 3�0 0
Thence N49°39'03"E a distance ppf\�75. a ` 'y
Thence N38°55'01"E a dippliu@ b572 a pipe found;
Thence N76°13'22"E a distance of 86.93'to a iron rebar set;
Thence N44°22'04'W a distance of 215.30'to a pipe found; -
Thence N48°29'46"E a distance of 19.99'to an Iron rebar found;
Thence 544°22117"E a distance of 200.47'to a pipe found;
Thence S22°45'58"E a distance of 326.63'to an Iron rebar set;
Thence N73°48'20"E a distance of 136.38'to an iron rebar set;
Thence N89°49'50"E a distance of 112.87'to an iron rebar set;
Thence N32°01'13"E a distance of 97.17'to an iron rebar set; •
Thence N89°10'15"E a distance of 86.63'to an iron rebar set;
Thence S48°20'04"E a distance of 189.75'to an Iron rebareb,, @t
Thence S84°1749"E a distance of 91.5 to lvJ 0
Thence N13°52'33"E a distancept1286 ar set;
Thence N01°12'46"E a dt�$n 190. an Iron rebar set;
Thence S60°28'21"E a distance of 1004.03'to an Iron rebar found;
Thence S51°04'11"W a distance of 105.12'to an iron rebar found;
Thence S35°21'25"E a distance of 142.37'to a pipe found;
Thence S54°13'46'W a distance of 100.13'to a pipe found;
Thence S35°22'45"E a distance of 299.13'to an iron rebar found;
Which is the point of beginning,having an area of 31.423 acres,more or less;.and being more
particularly described on that plat of survey made by Thomas D.Von Canon,Rls,on October 7,2005.
Less and except that property conveyed to the Department of Transpo ti recorded In Book 3070,
Pages 1346 and 1350;and that property conveyed to owt-0•i S: d' ea Chamber of Commerce,
Inc.recorded in Book 3070,Page o ,e cfkal 0
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10-13-20 14
B5da emo32P PII I 85 P
r -llVVrr" C Register of Deeds page 4 of 4
0 1�.1 0 I IT B
EXCEPTIONS TO WARRANTIES OF TITLE
1. Taxes and assessments for the year 2014 and subsequent years,not yet due and payable.
2. Right of Way Easement(s)in favor of Southern Bell Telephong ;d Telegraph Company as
recorded in Book 728,Page 262;Book 7°7 V78,
Page©© 0 l(11�
3. Right of Way Easement(s)in vor of Southeastern Brunswick Sanitary District as recorded in
Book 1134,Page 69;Book 1137,Page 732;Book 1202,Page 626 and Book 1134,Page 47.
4. Rights of others entitled to the continued uninterrupted flow of Jump and Run Creek located
on the premises.
5. Easements contained in Deeds to the DepartmentejT..rir`•1 recorded in Book 3070,
Pages 1346 and 1350. CrO6°'�o Cr'oo
6. Matters shown on unrecorded Survey by McKim&Creed,Job No.06523-0001,dated July
24,2014.
7. Thirty(30)foot wide drainage easement contained in Book 587,Page 636.
8. Any government regulations that effect theuse or deevelopInt the property.By taking these exceptions Graf .k?a.bt-ex reels y,impliedly,or implicitly claiming all the
exceptions effect the property. Grantor is uncertain as to the exact location of said easements as
described in the documents referenced.
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41 ..- /12 S //W -/
MCKIM&CREED LETTER OF TRANSMITTAL
US Mail DATE: May 20, 2015
TO: NCDENR Division of Water Quality PROJECT NO: 6523-0001 TASK NO: 19
127 Cardinal Drive Extension RE: Long Beach Crossing Stormwater
Wilmington,NC 28405 Certification
ATTENTION: Christine Nelson TRANSMITTAL NO: 1 of 1 PAGE 1 OF 1
WE ARE SENDING: 171 Originals ❑ Prints n Shop Drawings ❑ Samples
❑ Specifications n Calculations ❑ Other—
Quantity Drawing No. Rev. Description Status
1 Engineer's Certification
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review& Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend&Resubmit 5. Rejected-See Remarks
REMARKS:
243 NORTH FRONT STREET,WILMINGTON,NC 28401(910)343-1048 FAX[phone]
cc:
McKIM & CREED, Inc.
fiRl
Signed ki0caratr.
-
Li
- E D ichard A. Moore, PE,LEED AP
MAY Z Z 2015 Senior Project Manager
1
BY: