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HomeMy WebLinkAboutSW1170501- Acony Bell Community .1-1711 Planning & Project Management / Civil Engineering Surveying / Environmental Engineering & Services BROOKS17 Arlington Street / Asheville NC 2::01 ENGINEERING ASSOCIATES WWW.broo sea.com / 828-232-4700 May 15,2017 NCDEQ Stormwater Permitting Unit 512 N. Salisbury Street Raleigh,NC 27604 919-807-6374 Attention: Mike Randall Regarding: Acony Bell Project Henderson County BEA Project No. 444516 Dear Mr.Randall: On behalf of BMP Holdings (BMP), we are submitting the enclosed Fast Track Stormwater Authorization to Construct(ATC)Application for their proposed RV Park, Acony Bell Community. The Community is an RV Park for Park Model RVs in the Mills River Community. The project will develop approximately 16.7 acres of the 52 acre parcel and will be developed in one phase. The enclosed application package is for 16.7 acres of Low Density Development for to serve 97 RV slips which includes private access roads and pervious gravel parking. Stormwater runoff will be collected in swales in accordance with Low Density Development requirements with no discreet stormwater collection system. The proposed impervious area will be well below the 24%maximum for Low Density Developments. Included in this submittal are all the necessary items per the stormwater application. The property has not transferred to BMP Holdings, so all additional requirements have been included. Since the development will be constructed in one phase, all meeting Low Density , Development Rules, a detailed Construction Sequence in relation to starting/completing stormwater phases is not included in this submission. (-3•1 4) (LP° cP . 4�` o� We appreciate your review of this permit application. Please feel free to call or email to discuss this submittal. Sincerely, Brooks Engineering Associates,P.A. W AO /% Mark C.Brooks,P.E. Enclosures: A—Fast track application B -Low density supplement C—Application fee$505.00 D—USGS Map E—LLC Documentation for BMP Holdings F—Lease Agreement G—Property Deed H- Stormwater Plans DEMLR USE ONLY Date RgcI Fe Paid U �Y & / fa 5 ^! SW Program(s). ❑Coastal SA-HQW ❑Coastal SA-0 W ❑Coastal FW-ORW ❑Coastal Other ❑Non-coastal HQW ❑ Non-coastal ORW 8 Urbanizing Areas ❑USMP NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER FAST TRACK PROCESS: "AUTHORIZATION TO CONSTRUCT" (ATC) PERMIT APPLICATION FORM Link to Application instructions A. ELIGIBILITY FOR FAST-TRACK PERMITTING To be considered for a Fast Track ATC Permit, all of the items below must be checked. If any item cannot be checked, then the project must apply under the Standard Permitting Process. ❑■ The project and all SCMs (including existing SCMs associated with the project)will meet all applicable requirements of 15A NCAC 02H .1000- .1062, including the Minimum Design Criteria(MDC), upon project completion. ❑t The project is not proposing an alternative design. ❑� The project is not claiming an exemption from the MDC based on vested rights, a waiver or a Director's Certification. ■❑ The project is not out of compliance with an existing stormwater permit or any other environmental permit. ❑■ The project application bears the signature and seal of a professional licensed pursuant to either Chapter 89A or 89C of the NC General Statutes. ❑t I understand that at project completion, an application with the as-built stormwater plans (as described in 15A NCAC 02H .1044 must be submitted, and DEQ will review the as-built stormwater plans to confirm compliance with the MDC. Approval of the as-built stormwater plans will be required before the Erosion and Sedimentation Control Plan for the project may be closed out. ❑■ I understand that the Fast Track ATC Permit will expire five years after the date of issuance. B. GENERAL INFORMATION 1 Project Name: ACONY BELL COMMUNITY 2. Previous Project Name(if applicable) NA 3. Location of Project(street address): 10517 BOYSTON HIGHWAY City:MILLS RIVER County'HENDERSON Zip:28759 4. Directions to project(from nearest major intersection): TRAVELING WEST ON 1-26 TOWARDS ASHEVILLE,NC,TAKE EXIT FOR 280 WEST"AIRPORT ROAD" TRAVEL APPROXIMATELY 10.3 MILES TO BRICKYARD ROAD,SR 1323. HEAD SOUTH.17 MILES ON BRICKYARD ROAD AND ENTRANCE IS ON THE RIGHT °( 5. Latitude: 35 ° 32 ' '8 " N Longitude: -82 ° 63 "W of the main entrance to the project. M At C. PERMIT INFORMATION ��0 �� ®v �(5 AI, 5 f27 1. Specify whether project is (check one): �j� • �ti` , ❑I■ New, no previous application ❑ New, replacing a previous Fast Track ATC Permit--provide previous permit number: SWA By checking the above box, you are also requesting that DEQ rescind the previous Fast Track ATC Permit upon issuance of the new Fast Track ATC Permit. Stormwater Fast Track ATC Application Form Page 1 of 9 Jan 1,2017 ❑ Modification of an existing stormwater permit—provide existing permit number: SW Status of construction? ❑ Not Started ❑ Partially Completed El Completed ❑ Transfer of existing Fast Track ATC Permit—provide existing ATC permit number. SWA 2. Applicable state stormwater program(s) (check all that apply): ❑ Coastal SA-HQW It Urbanizing Areas (Phase 2) ❑ Coastal SA-ORW ❑ Non-Coastal HQW Is any portion of the project within 575 feet of SA-ORW waters? ❑ Yes ❑ No ❑ Non-Coastal ORW ❑ Coastal Freshwater ORW ❑ USMP El Coastal—Other 3. Other Permits (as applicable): Project Name PermitlAppl Issue Date Other Information No. CAMA Major NA NA NA Erosion& Disturbed Area Sedimentation Control acre - NPDES Industrial NA NA Stormwater 404/401 Permit NA Proposed Impacts If/ac 4. Local jurisdiction for building permits: mins RIVER Point of Contact: Phone#: ( D. CONTACT INFORMATION 1. Applicant/Financially Responsible Party(may be an Organization):BME HOLDINGS Signing Official Name&Title:MARK BROOKS,PRESIDENT Street Address: 17 ARLINGTON STREET City:ASHEVILLE State:NC Zip:28801 Mailing Address (if different): City: State: Zip: Phone: (828 ) 232-4700 Fax: ( 828) 232-1331 Email: mbrooks@brooksea corn 2. If the Applicant is a Corporation (Address must match address on file with NC Dept of the Secretary of State): Name of Registered Agent:Mark Brooks Mailing Address:17 Arlington Street City:Asheville State:NC Zip:28801 Phone: ( 828 ) 232-4700 Fax: ( 828) 232-1331 Email:mbrooks@brooksea.com 3. The Applicant is the (check all that apply): ❑ Property Owner ❑ Lessee (Attach a copy of the lease agreement&complete Item 4.) ❑ Purchaser(Attach a copy of the pending sales agreement&complete Item 4.) Developer(Attach a copy of the development agreement&complete Item 4.) Stormwater Fast Track ATC Application Form Page 2 of 9 Jan 1, 2017 4. If the Applicant is NOT the Property Owner(skip to Item 5 if the Applicant IS the Property Owner): Property Owner Name/Organization: JAMES EIDAS ANDERSON Signing Official&Title:TRUSTEE Street Address:517 SUWANNEE DRIVE,PO BOX 489 City:MONTREAT State: NC zip. 28757 Mailing Address (if applicable):PO BOX 489 City. MONTREAT State: NC Zip: 28757 Phone: ( 828 ) 669-1812 Fax: ( Email: EADEJANE@GMAIL.COM 5. The licensed Design Professional that will be retained for the duration of the project,who may provide information on the Applicant's behalf, and who will prepare and certify the as-built package: Consulting Engineer/Landscape Architect.TRAVIS MAXWELL,PE Consulting Firm:BROOKS ENGINEERING ASSOCIATES,PA Mailing Address: 17 ARLINGTON STREET City:ASHEVILLE State:NC Zip:28801 Phone: ( 828 )232-4700 Fax. ( 828 ) 232-1441 Email:tmaxwell@brooksea.com 6. [OPTIONAL] If you would like to designate another person to answer questions about the project: Name&Title: Organization: Mailing Address: City: State: Zip: Phone: ( ) Fax: ( Email: E. PROJECT INFORMATION 1. Specify the type of project (check one): 0 Low Density ❑ High Density 2. Briefly summarize how the stormwater runoff will be treated/conveyed: PROJECT WILL BE IN CONFORMANCE WITH LOW DENSITY REQUIREMENTS PROJECT WILL UTILIZE ROAD SWALES AND LIMITED CROSS PIPES SWALES WILL BE TRAPEZOIDAL WITH 3:1 SIDE SLOPES AND A 2'WIDE BOTTOM 3. Stormwater runoff from this project drains to the FRENCH BROAD River basin(s). 4. Receiving water information (if more than 3 receiving waters,provide additional information on an attached sheet): Receiving Receiving Receiving Water 1 Water 2 Water 3 Receiving Stream Name BOYLSTON CREEK Stream Classification c Stream Index Number 6-52-(5) Stormwater Fast Track ATC Application Form Page 3 of 9 Jan 1,2017 5. Project area and density information: Total Property Area 749,232 sf Total Surface Water Area ;19210 sf Considered to include: ° , •-_the normal pool Of impounded structures; • the area between the banks`of streams and rivers;and the area below the Normal High Water(NHW)line or Mean High Water(MHVh)line,° ° Total Coastal Wetlands Area 0 sf Considered to include: coastal wetlands landward from the NHW(or MHVI)line. 'Total Project Area _ 730,022'4: Excludes the surface water area and coastal wetland area identified above. May or may not be the same as Property Area ` • Built-Upon Area(BUA)associated with Existing Development Osf "Existing development"means those projects that are built or those projects that have established a vested right under North Carolina law as of the effective date of the state storm water program or applicable local government ordinance to which the project is subject. Proposed New BUA ° 124,937"sf Includes“proposed new BUA that is not associated with existing development. "BUA”is defined in N.C G.S. 143-214,7(b2). It includes, but is not limited to:buildings, roads,parking areas,sidewalks, and some gravel areas. The design volume of SCMs must take into account the , . runoff from build out from all surfaces draining to the SCM-in accordance with 15A NCAC 02H°.1050(1). Project Density w/Existing Development Project Density=[New BUA]/(Total Project Area—Existing BUA]x 100 or 16.7% w/o Existing Development: Project Density=[New BUAjirotal Project Area]x 100 6. Anticipated construction start date 7/1/17 7. Is the project located within 5 miles of a public airport? ❑■ No ❑Yes If Yes,'see S.L. 2012-200, Part VI:http://www.ncleq.net/Sessions/2011/Bills/Senate/PDF/S229v6.pdf and DEQ Stormwater Design Manual Chapter E-4 Airports. 8. For projects in Union County: Contact DEMLR Central Office Stormwater staff at 919-707-9200 to determine if the project is located within a Threatened&Endangered Species watershed that may be subject to more stringent stommwater requirements per 15A NCAC 02B.0600. F. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office(Coastal, SA Waters) or DEMLR Central Office(Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORW). Only application packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: Initials TM 1. Two original signed hard copies and one electronic copy of this State Stormwater Fast Track Process"Authorization to Construct" (ATC) Permit Application Form. Stormwater Fast Track ATC Application Form Page 4 of 9 Jan. 1,2017 TM 2. Permit application processing fee of$505 payable to NCDEQ. TM 3. Two hard copies and one electronic copy of a USGS map identifying the project location and GPS coordinates for the project. If the receiving water is Class SA or the receiving water drains to Class SA waters within '/mile of the project boundary, include the'/mile radius on the map. If the project is within 575 feet of Class SA-ORW waters, include the 575-foot radius on the map. TM 4. Two original signed hard copies and one electronic copy of a site plan depicting the boundary of the project or project phase currently being permitted, including the locations of SCMs, streams,wetlands, and buffers. TM 5. Two hard copies and one electronic copy of a construction sequence that discusses how any future development on the project may be phased. TM 6. A copy of the most current property deed. Deed book: 189 Page No: 327 TM 7. [IF APPLICABLE]When the applicant is a corporation or a limited liability corporation (LLC): Provide two hard copies and one electronic copy of documentation from the NC Secretary of State, or other official documentation,which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). The corporation or LLC must be listed as an active corporation in good standing with the NC Department of the Secretary of State; otherwise, the application will be returned. https://www.sosnc.gov/search/index/corp NA 8. [IF APPLICABLE]When the applicant is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. TM 9. [IF APPLICABLE]When the applicant is not the property owner: Provide two hard copies and one electronic copy of lease agreements, affidavits, pending sales agreement, development agreement, or other documents showing that the applicant has obtained legal rights to submit a stormwater permit application within the proposed project area. NA 10. [IF APPLICABLE] If modifying an existing permit for completed or partially completed projects, a copy of the designer's certification. Stormwater Fast Track ATC Application Form Page 5 of 9 Jan. 1,2017 G. CERTIFICATION OF APPLICANT/ FINANCIALLY RESPONSIBLE PARTY The Applicant,who is also the Financially Responsible Party, identified in Section D of this form must sign and have notarized the following guaranty: I, (print or type name of Applicant/Financially Responsible Party) MARK BROOKS certify that the information included on this permit application form is, to the best of my knowledge, correct and that: 1. the design has been or will be completed in accordance with the MDC as set forth in Rules 15A NCAC 02H .1050 through .1062, to the best of my knowledge; 2. the completed design meets or will meet the MDC and that the percentage BUA that is the basis for the design shall not be exceeded,to the best of my knowledge; and 3. As the applicant, I shall maintain a licensed professional of record for the duration of the project who will prepare and certify the as-built package. If I retain another licensed professional before the project is complete, then I shall provide an updated guaranty with the current licensed professional's seal. A licensed professional shall inform the Division if he is no longer associated with this project. The above information is true and correct to the best of my knowledge and belief and was provided by me under oath I agree to provide corrected information should there be any change in the information provided herein. &IZOOt5 Agf ci// Type or print name Title or Authority „7?2,4111_,,e S'fg Date 5 /5 /7 I, °, .114-1._u tA- , a Notary Public for the State of /1/. cA �Nt- A- , County off r11)E.2so1-) , do hereby certify that .414-11-IC- f 'A-90%S personally appeared before me this 14 qday of ,11A- / , Zoi 7 , and acknowledge the due execution of the appl' ation for a stormw e e t. Witness my hand and official seal, Agn 1 "�9<<;• • , SEAL NOTAAP • tf AVBI.�G 2v My commission expires — /' —2 0 20 PATO- 0%%0% Stormwater Fast Track ATC Application Form Page 6 of 9 Jan 1,2017 H. DESIGN PROFESSIONAL'S CERTIFICATION To be completed by the Design Professional identified in Section D.5. TRAVIS MAXWELL , attest to the following: 1. This application has been reviewed by me and is accurate and complete, to the best of my knowledge; 2. The design has been completed in accordance with the MDC as set forth in Rules 15A NCAC 02H .1050 through .1062, as applicable; 3. The percentage built-upon area that is the basis for the design will not be exceeded; and 4. I have the expertise, education, and experience required to design the SCMs proposed in this application in accordance with the MDC as set forth in Rules 15A NCAC 02H .1050 through .1062. 5. I will provide all documents and certified as-built plans in hard copy and electronic format related to this permit to a new Applicant/Property Owner and to DEMLR upon transfer of this permit to a new Applicant/Property Owner. Note: In accordance with N.C.G.S. 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to$25,000 per violation. In addition, any person who knowingly makes any false statement, representation, or certification in any application may be reported to the appropriate NC professional licensing board. Signature: Date: Sf/d/di0/7 CAgO''" 4 SS Is 0.4NA SEAL i R 911,7 e SEAL s = = 025514 1 _ /I161M �, M.MP ,\, Stormwater Fast Track ATC Application Form Page 7 of 9 Jan. 1,2017 I. PROPERTY OWNER'S AUTHORIZATION (IF APPLICANT IS NOT THE PROPERTY OWNER) I, (print or type name of the Property Owner�AM V-S Ait(h/ I,4'1 , certify that I own the property identified in this permit application, and thus give permission to (print or type name of Applicant) Mark Brooks with (print or type name of Applicant's organization) BMP Holdings, LLC 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. 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 hfrpenalti s of up t $25,000 per day, pursuant to NCGS 143-215.6. Signature: i nature: Date: 1/C /o r,J Q t7 (CVAr . , a Notary Public for the State of A044-1 a\„.L., County of et'k Gr. iso - , do hereby certify that Zar w.c fie , r... -sor- personally appeared before me this ' day of Q,/ , ao 14; and acknowledge the due execution of the application for a st• water •ermit. Witneslmy han• and official seal, 4010 °' $E F 4D°o® /1 .® SEAL 410 w My commission expires , •///3/.&:202 / veL1G -4 -00.SOAP COV�eh'o Stormwater Fast Track ATC Application Form Page 8 of 9 Jan. 1, 2017 Permit No. (to be provided by DEMLR) State of North Carolina Department of Environment and Natural Resources Division of Energy,Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246 and the State of North Carolina Stormwater Best Management Practice Manual. Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g). I. PROJECT INFORMATION Project Name : ACONY BELL COMMUNITY Contact Person: MARK BROOKS Phone Number: ( 828 ) 232 4700 Number of Lots: 1 Allowable Built Upon Area(BUA)Per Lot*: NA Number of Dwelling Units Per Acre**:NA Low Density Development(check one): n without curb&gutter n with curb&gutter, outlets to (check one): n Swales n Vegetated Area BUA CALCULATION kP`: ALLOWABLE BUA FOR LOW DENSITY OPTION 24 a.M TOTAL SITE AREA 52 ACRES TOTAL PROPOSED DEVELOPED AREA 17.2 ACRES 749232 SF EXISTING BUA 0 SF ROADS 0 BUILDINGS 0 SIDEWALK 0 MISC 0 PROPOSED BUA ROADS 93737 SF BUILDINGS 31200 SF SIDEWALK 0 SF MISC 0 SF STONE AREA MEETING X PARKING 38520 SF as 11% EXISTING BUA= 0 SF PROPOSED BUA= 124937 SF PROPOSED%BUA 16.7% Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 4 Calculation: III. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form.Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual or at http://hdsc.nws.noaa.gov/hdsc/pfds/ Table 1. Swale design information based on the 10-year storm. Swale No. Drainage Impervious Grassed C Q Slope - Vallow Vaetual Flow Area(ac) Area(ac) Area(ac), (cfs) (%) (fps) (fps) Depth(ft) 1 2.00 .11 1.89 .33 4.98 1.5 4.5 3.9 .4 2 1.93 1.00 .93 .64 9.14 1.2 4.5 4 .6 3 1.00 .16 .84 .4 3.01 1.8 4.5 3.5 .3 4 .9 .09 .81 .37 2.44 1.4 4.5 2.8 .3 5 1.14 .1 1.04 .36 3.04 .6 4.5 3.5 .3 6 5.44 .32 5.12 .34 13.71 1 5.5 4.8 .7 7 1.92 .08 1.84 .33 4.7 1.3 4.5 3.7 .4 8 1.35 .07 1.28 .33 3.34 1 4.5 2.6 .4 9 1.55 .03 1.51 .31 3.62 1 4.5 2.8 .4 10 11 12 13 14 15 16 17 18 19 20 Form SW40 1-Low Density-Rev.3-2/10/09 Page 2 of 4 IV. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 211 .1000,NCDENR BMP Manual(2007), Session Law 2006-246, and Session Law 2008-211. Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met, then justification must be attached. Only complete items n through p for projects with curb outlets. Page/Plan Initials Sheet No. TM NA a.t For projects in the 20 coastal counties: Per NCAC 211.1005, a 50 foot wide vegetative buffer is provided adjacent to surface waters.For Redevelopment projects, a 30' wide vegetative buffer adjacent surface waters is provided. TM NA b.t For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer is provided adjacent to surface waters. TM C-5.0 c.t For Phase II Post-Construction projects:All built upon area is located at least 30 feet landward of all perennial and intermittent surface waters. TM NA d. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to the sale of any lots. TM C-5.0 e. Built upon area calculations are provided for the overall project and all lots. TM NA f. Project conforms to low density requirements within the ORW AEC. (if applicable per 15A NCAC 2H .1007) TM C-5.0 g. Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales. TM C-5.0 h. Longitudinal slope of swales is no greater than 5%;for non-curb outlet projects, calculations for shear stress and velocity are provided if slope is greater than 5%. TM C-5.0 i. At a minimum, swales are designed to carry the 10 year storm velocity at a non-erosive rate. TM NA j, Swales discharging to wetlands are designed to flow into and through the wetlands at a non- erosive velocity(for this flow requirement into wetlands,non-erosive is velocity<2 ft/s). TM C-5.1 k. Swale detail and permanent vegetation is specified on the plans. TM C-5.0 1. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover. TM NA m. Swales are located in recorded drainage easements. TM NA n.tt Length of swale or vegetated area is at least 100 feet for each curb outlet. TM C-5.0 o.tt The system takes into account the run-off at ultimate built-out potential from all surfaces draining to'the system (delineate drainage area for each swale). TM NA p.tt Curb outlets direct flow to a swale or vegetated area. t Projects in the Neuse,Tar-Pamlico,Catawba River basins,and Randleman Lake may require additional buffers. tt Only complete these items for projects with curb outlets. Form SW40 1-Low Density-Rev.3-2/10/09 Page 3 of 4 V. SWALE SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time; and grass will not be mowed too close to the ground or"scalped". 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope. 5. Catch basins, curb cuts,velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered,piped, or filled in without approval from NCDENR Division of Energy, Mineral and Land Resources. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DEMLR of any problems with the system or prior to any changes to the system or responsiblensparty. �_/ J �J Print Name and Title: i�/' / /( /12 /155 j�e�1�UiveiwGr" ) IA v Address: / 7 4/2Z//// 7: 1A/ 5/2 L � Phone: Y3 7 -39 25 Date: 5//97 Signature: i. _ A Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. I, '-.7 'nes A 4-44 cam- ,a Notary Public for the State of Al tealvAhl- ,County of _ )4- —D 2sox) ,do hereby certify that /14 /L /3Q-aA/LS personally appeared before me this /S.-- day of MAY , Z P t 7 ,and acknowledge the due execution of the forgoing swale maintenance requirements. Witness my hand and official seal, Nt'.r signature ,,�,,.0P,ES M Flq,,,,/'�, 0.-• 1—/9-2o2.v SEAL F.S = My commission expires_ ,,,z,, s®N,C�� .syo,,, Form SW401-Low Density-Rev.3-2/10/09 Page 4 of 4 ComniercialAlliance AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY t=_ALrCrE'North Carolina Association of REALTORS0 THIS AGREEMENT.including any and all addenda attached hereto("AD-cement"),is by and between 4P Holdings LLC a(n) NC LLC ("Buyer").and (individual or State of formation and type of entity) ANDERSON, FADE TRUSTEE; ANDERSON, M K TRUST a(n) ("Set ler"). (individual or State of formation and type of entity) FOR AND illi CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION. THE RECEIPT AND SUFFICLENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section I.Terms and Definitions:The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property";(Addn.Ss)10517 Boyln.ton Hwy. 22111s Rivcar NC 29759 Plat Reference:Lot(s) n/a ,Block or Section n/a .as shown on Plat Book or Slide n/a at Page(s) n/3 n/a County.consisting of ri/a acres. 0 If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated herewith by reference. {For information purposes:(i)the tai parcel number of the Property is: 9519-5c-0173 • and.(ii)some or all of the Property.consisting of approximately 50.3 acrm is described in Deed Book 789 ,Page No. 327 Hendorcon County.) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if an), itemized on Exhibit A. S 5599,000.00 (b) "Pprchsse Price"shall menu the sum of Five Hundred Ninety-Nino Thousand Dollars, payable on the following terms: 6,000.00 (i) "Earnest Money"shall mean Six Thous-and Dollars or terms as follows: n/a Upon this Ag-eetnent becoming a contract in accordance with Section 14.the Earnest Money shall he promptly deposited in escrow with (name of personJcntity with whom deposited),to be applied as part payment of the Purchase Price of the Property at Closing,or disbursed as agreed upon under the provisions of Section 10 hsein. Page I of S k This form joint*approved by: STANDARD FORM SS0-T North Carolina Bar Association: Revised 7/2013 ' F, North Carolina Association of REALTORSe,In 7/7016 CO Buyer initials/0/ferL7 Seiler Initials c{'.0 1:AV NJ,: wSow::K�iJ:c+vk C ri:aaOI C'.+rw i=SL:ZIT,. t r•-,G, w,v,_pro-_v.+arzr_ tree%ornw *umrz�,at+�s�',xa.s,‹+c� s ,rssz: ® ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED[N AN INTEREST BEARING TRUST ACCOUNT.AND:(cluck only ONE box) ❑ ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number is:a/a ® ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. n/a (n)proeceds of>r new town in the amount of rs for a term of n/a years,with an amortisationperiod not to exceed a/ainterest rate years,at an rete not to exceed a/a %per annum with mortgage loan discount points not to exceed n/a of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall pay all cvrza associated with any such loan. 5 n/a (iii)Delivery of a promisson' note secured by a decd of busi_ said promissory note in the amount of being payable over a term of a/aDllens yeas.with an amortization period Of n/a years.payable in monthly installments of principal_ together with accrued interest on the outstanding principal balance at the rate of percent( a/a %)per annum in the amount of n/a ,with the fent principal payment beginning on the.lust day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B.At any time.the promissory note may be prepaid in whole or in part without penalty and without Farther int st on the amounts prepaid from the date of such prepayment(NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder.Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such Senior financing is subsequently foreclosed,the Seller may have no remedy to recover under the note.) S n/a (iv)Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property. such obligation having an outstanding principal balance of$n/a and evidenced by a note bearing interest at the rate of a/a %)per annum,and a current payment amount of S ofa potions t I .The obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval.Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt of the lender's decision. Approval must be granted on or before n/a .On or before this date,Buyer has the right to terminate this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date,time being of the essence.If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer, fails to deliver such notice, then Buyer will be deemed CO have waived the loan condition. Unless. provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any such assumption,including any assumption fee charged by the lender.At or before Closing.Seller shallyassian to Buyer all interest of Seller in any current reserves or escrows held by the lender, any property management company candor Seller. including but not limited to any tenant improvement reserve. 'easing commission reserves,security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing. 5 593,000.00 (v) Cash,balance of Purchase Price,at Closing in the amount of Five Hundrod Ninr._ty—Thrcr Thousand Dollars. 7_10 Buyer Initials 1/1C Seller Initials•tjt STANDARD FORM 580-T Revised 7/013 P.c&coa with zrpformn by nptGgix 16070 FCtoa,,MitO Rra6.Front.M1 5G 'D 7201 rrhigon 4$0�, www+'SL'l..g3lK:^.Ri BM? (c) "Closing" shall mean the date and time of recording of the deed. Closing shall occur on or before n/a or30 days from end of Ex-n4nation Period (d) "Contract Date"means the date this Agreement has been fully executed by both Buyer and Seller. (c) "Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through through 11:59pm(based upon time at the locale of the Property)on ~ _. i 05/01 - See Adendum A - nation Feos & Deliveries TLMIE LS OF T E ESSENCE AS TO THE EK43f/NrI TION PERIOD. (t) "Broker(,)"shall mean: Looioana Glass Realty LLC ("Listing Acency"), Robert clay ("Listing Agent"-License" Acting as: Seller's Agent: C§ Dual Agent and Besot:is LLC ("Selling Agency"). John Monroe ("Selling Agent"- License 1'243107 ,acting as: (a Buyer's Agent ta Seller's(Sub)Agent [ Dual Agent (g) "Seiler's Notice Ati r ""shall be as follows except as same may be changed pursuant to Section 12 (h) "Buyer's Notice Address"shall be as follows: 17 Arls.ngton Street, Asheira.11e NC 28801 except as same may be changed pursuant to Section 12. ❑(i) If this block is marked,additional terms of this Ageemenr are set forth on Exhibit B attached hereto and incorporated herein by reference.(Note: finder North Carolina law,real estate agents arc not permitted to draft conditions or contingencies to this Agreement.) Section 2.Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Section 3-Proration of Expenses and Payment of Costs: Seller and Buyer avec that all property taxes(on a calendar year basis), leases, rents. mort_tage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B. if any, shall be prorated as of the date of Closing. Seller shall pay far preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement excise tar. (revenue stamps), any deferred or rollback tares, and other convey-race fees or taxes required by law,and the following: n/a • Page 33of3 Buyer Initials Rti) Seller Initials_ �-e STANDARD FORM 580-T Revised 7/2013 t�7/2016 P:c eced n.ForroS by nploga 1s070 Fifteen Moe Road,Fraser,Michigan 4e026 vaw-,4121,42=m L'Mi' Buyer shall pay recording costs, costs of any title search, title insurance. survey. the cost of any inspections or invasti,.prions undertaken by Buyer under this A`re nein and the following: n/a Each party shall pay its own attorney's Pecs. Section 4.Deliveries:Seller agrees to use beat efforts to deliver to Buyer as soon as reasonably possible after thc Contract Date copies of all information relating to the Property in possession of or available to Seller. including but not limited to:title insurance policies (and cop es of any documents referenced therein),sr—rays,noxi test reports,envtronmcntal surveys or reports.site plans,civil draw•inas. building,plans, maintenance records and copies of all prescxntly effective warranties or service contracts related to the Property.Seiler authorizes (1) arty attorney presently or previously representing Seller to release and disclose any title insurance policy in such attomeyrs file to Buyer and both Buyer's and Seller's agents and attorneys:and(2)the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's(or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys, If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller al: rel eri:aia delivered by Seller to Buyer pursuant to this Section 4(or Section 7, if applicable). if any, and shalt, upon Sellers regoet, provide to Seller copies of(subject to the ownership and copyright interests of the p(L'e thereof)any and all studtee report sumer. and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents. and :hail deliver to Seller,upon the release of the liamest Money,copies of all of the foregoing without any warranty or representation by Buyer as to the contents.accuracy or correctness thereof: Section S. Esidcnce of Title: Sella agrees to convey fee simple marketable and insurable title to the Property without exception dor maahanicc'liens,.free and clear of all liens,encumbrances and defects of title other than:(a)zoning ordinance affecting the Property. (b)Leases(if applicable)and(c)matters of record existing at the Contract Date that arc not objected to by Buyer prior to the end of the Examination Period("Permitted Exceptions'):provided that Seller shall be required to satisfy.at or prior to Closing.any encumbrances that may be satisfied by the payment of a!-stied sum of money,such as deeds of trust mortgages or statutory liens.Seller shall not enter into or record any instrument that affects the Property(or any personal property lasted on Exhibit A)after the Contract Date without the prior written consent of Buyer,which consent shall not be unreasonably withheld,conditioned or delayed. Section 6- Conditions:"Chet i'lee=crit and the rights and ebb incus of the parties under this Agreement arc hereby made cxprcasly conditioned upon Fulfilment(or waiver by Buyer,whether expl reit or implied)of the following conditions: (a)New Loan: 'rhe Buyer must be able to obtain thc loan, if any,referenced in Section 1(b)(ii). Buyer must be able to obtain a firm commitment for this loan on or before n/a .effective through the date of Closing, Buyer agrees to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lender's derision On or before to above date, Buyer has the right to ter nhate this age-Laxneat for l:ulure to obtain the loan referenced at Section l{bXii) by delivering to Seiler written notice of termination by the above date, rune beim; of the eretce. if Buyer delivers such notice. this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice,then Buyer will be deemed to bav'e waived the loan condition.Not vithsrandinn,the foregoing,after the above date,Seller may request in writing from Buyer a copy of the commitment letter.If Buyer fails to provide Seller a copy of the commitment letter within five(5)days of receipt of Seller's request,then Seller may terminate this Agreement by written notice to Buyer at any time thereafter,provided Seller has nor then ncci'ed a copy of the commitment letter,and Bars era shall receive a return of Earnest Money. (b)Qualification...far Financinz If Buyer is to assume any indebtedness in connection with payment of the Purchase Trice_ Buyer agrees to use its best efforts to qualify for the assumption, Should Buyer ful to qualify, Buyer shall notify Seller in wHun-- immediately upon fender's decision,whereupon this Agreement shall terminate,and Buyer shall receive a return of Earnest Money. (e)Title FxarninafjR: After the Contract Date_ Buyer shall. at Buyer':, expense, cause a title examination to be made of the Property before the end of the Examination Period_ in the event that such title examination shall show that Seller's title is not kr simple marketable and insurable,subject only to Permitted Exceptions,then Buyer shall promptly notify Seller in writing of an •such title defects and exceptions,in no case later than the end of the Examination Period.and Seller shall have thirty(30)days to cure said noticed defects.if Seller does not cure the defects or objections within thirty(30)days of notice thereof,then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance,the insuring company must be licensed to do business in the state in which the Property is located_Title to the Property must be insurable at rt�tuln±rates,subject only to standard exceptions and Pitted Excel-aka-ere ries. (d)Same Condition,: If the Property is not in substantially the same condition at Closing as of the date of the otten reasonable wear and tear excepted, then the Buyer may(i)terminate this Agreement and receive a return of the Earnest Money or(ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applivable to the Property. ,e of S Buyer Initials/11675 Seller Initials 1 !d 5 i A:1 f)ARD FORM ftS0-T Revised 712013 0)7/2016 eyadeaoo vara Z,p.roem9 by te1t. 18070 FEteen Nide 1.40-14.Fr=et.Mhni,pn,480'6 wTsc,bti,c ar c, lAi (c) €nypcstions: Buyer, its agents or representatives. at Bu;tar's expense and at r�xmable times during normal business hours,shall have the right to enter upon the Property for the purpose of inspecting,examining.performing soil boring and other testing, conducting timber cruises,and surveying the Property Buyer shall conduct all such on-site inspections,examinations,soil boring and other testing,timber cruises and sin-vcying of the Property in a good and workmanlike manner,shall repair any damage to the Property caused by Buyers entry and on-site inspections and shall conduct same in a manner that docs not unreasonably interfere with Sellers or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspections outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any c ttty onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to Seller csidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other, agreements affecting or related directly to thc Property and still ba entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Prope-•rty,provided, however, that Buyer shall not disclose any information rev--ding this Property(or any tenant therein) unless required by law and the same shall be regarded as confidential. to any person. except to its attorneys, accountants. lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality Buyer assumes all responsibility for the acts of itself.its agents or representatives in exercising its rights under this Section 6(e)and agrees to indemnify and hold Seller harmless from any damages resulting therefrom.This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Aerccmcnt. Buyer shall,at Buyer's expense, promptly repair any damage to the Property caused by Buyer's entry and on-site inspections. Except as provided in Section 6(c)above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON,AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERiOD, THEN THIS AGREEMENT SHALL TERMINATE,AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7.Leser+(Check one of the folIostirant,as applie:sbic): if this box is checked.. Seller affirmatively represents and warrants that there are no Leafs (as hereinafter defined) affecting the Property 0 If this box is checked, Seller discloses that there are one or more leases affecting the Property(oral or written, recorded or not-"Leasers")and the following provisions are hereby made a part of this Agreement (a) A list of all Leases shall be set forth on Exhibit B: (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein. te) Seller represents and warrants that as of thc Contract Date there are no current defaults (or any exitieg situation which_ with the passage of time,or the giving of notice.or both,or at the election of either landlord or tenant could constitute a default)either by Seller,as landlord,or by any tenant under any Lease(-Lvase Default"). In the event there is any Lease Default as of the Contract Date. Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to comma a Lease Default as Landlord after to Contract Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed,asserted or threatened to be asserted by either Sella or a tenant under the Lease. id) In addition to the conditions provided in Section 6 of this Aement, this Agreement and the rights and obligations of the parties under this Agreement arc hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer(with tenant's written consent and acknowledgement, it'required under the Lease),and Seller agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required w be delivered at or before Closing by Seller in addition to those deliveries required under Section 11 of this Agreement (c)Seiler agrees to deliver an assignment of any I,casc at or before Closing,with any security deposits held by SeIle;r under an\ Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel cer6fic ties and subordination_ nondict:rbance and altorrnienr agecments in such form as Buyer may reasonably request. Section 8. Environtnentah Seller represents and warrants that it has no actual knowledge of the presence or dismal, except as in accordance with applicable law,within the buildings or on the Property of hazardous or toxic waste or substances,which are defined as those substances,materials,and wastes,including,but not limited to,those substances,materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Pat 302.4) and amendments thereto, or such substances, materials and wastes,which are or become regulated under any applicable local,state or federal law, including, without limrtanon, any material,waste or substance which is fi) petroleum. (ii) asbestos, (iii) polychlorinated biphenyls, (iv) dcsi'netted as a Hazardous Substance pursuarn to Section 311 of the ,p,,,,,, fS Buyer Initials A 6, Seller Initials7 STANDARD FORM 530-T Revised 712013 p-v,vxe.,-h:;.mac:-.C;Sj w:a•,u 'st a ru^.0e r;?Brat Road.=r�,x,tete zea t t5,;_e 0 7/2016 r R^3Yr r"t[�'+ Clean Water Act of 1977 (33 U.S.C. §1321)or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. *1317).(v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976(42 U.S.C. b903)or tvii) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response. Compensation and Liability Act of 1950(42 U.S.C.§9601)_Seller has no actual Imowledgc of any, contamination of the Property from such subclass,as may have been disposed of or stored on neighboring tracts. Section 9. Risk of LossJDamage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein,shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property,including any improvements,unless the parties hereto agree in writing. Section 10.Earnest Money Disbursement_In the event that any of the conditions hereto arc not satisfied,or in the event of a breach of this Ageement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach.In the event this offer is accepted and Buyer breaches this Agreement,then the Earnest Money shall be forfeited_but such forfeiture shall not affect any other remedies available to Seller for such breach.NOTE: In the event of a dispute between Seller and Brewer over the zea=,or forfeiture of Earnest Money held in esaow b; a Iiccn ed real estate broker,the broker ra required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction,or alternatively,the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. Section 11.Closing:At or before Closing.Seller shall deliver to Buyer a general warranty deed unless otherwise specified on Exhibit 13 and other documents customarily executed or delivered by a seller in similar transactions,including without limitation.a bill of sale :or any personalty listed on Exhibit A. an owner's affidavit, lien waiver forms (and such other lien related documentation as shall permit the Property to be convcrcd free and clear of any claim for tncxhanies'liens)and a non-foreign status affidavit(pursuant to the Foreign Investment in Real Properly Tax Asx),and Buyer shall pay to Seller the Purchase Price_At CIosing.the Earnest Money stall be applied as part of the Purchase Price.The Closing shall be conducted by Baa s attorney or handled in such other manner as the porde-, hereto may mutually agree in writing.Possession shall be delivered at Closing,unless otherwise agreed herein The Purchase Price and other funds to be disbursed pursuant to this A:reamient shall not be disbursed until Closing has taken place. Section 12.Notices: lfniess otherwise provided herein,all notices and other communications which may be or are required to be given; or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or certified,return receipt requested,to the addresses set out in Section 1(g) as to Seller and in Section 1(h)as to Buyer,or at such other addresses as specified by written nonce delivered in accordance herewith. Section I3_ Entire Agreement: This Agreemnent constitutes the sole and entire agremnent among the names hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included. Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing. is communicated to both parties: it being expressly agreed that the notice described in Section 12 is not required for effective contrntmiration for the purposes of this Section 14 The parties admowledge and agree that(i)the initials lines at the bottom of each page of this Agreement are merely evidence of their having reviewed the terms of each page,and(ii)tate complete execution of coal initials lines shall not be a condition of the effectiveness of this Agreement_ This Agreement shall be binding upon and inure to she benefit of the ptics,their hears.succeecorc and assigns and their personal representatives Section 15.Adver a information and Compliance with Laves: (a)Seller Knovacciret Seller has no actual knowledge of (t) condemnation(s) affecting or contemplated with respect to the Property: (ii) actions, suits or proceedings pending or threatened against the Property: (iii) changes contemplated in any applicable taws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed. for sidewalk,paving, water,sewer,or other improvements on or adjoining the Property,and no pending or confirmed owners'association special assessments,except as follows(Ins "None"or tri••dentification f any matters relating to(i through)throuo (iv)above,if any): ,fig j?"'i6ofBayer Initials C r�. sac,lnitialz 4 STANDARD FORM 550-T Revised 712013 PrcMueerlnvnv Faros x.312016 R ty aptogx 7 i0 a Finnan Mite Rays.F reser,naicturan 4502e ymi;jnl cars cum 136+1' Nate: For purpnscs of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the ptrpose(s) staled, whether or not it is fully payable at time of closing. A "pending"special assessment is defined as an assessment that is under formal consideration by a governing body.Seller shall pay all owners'association assessments and ail governmental assessments confirmed a_s of the date of Closing,if any,and Buyer shall take title subject to all pending assessments disclosed by Seller herein..if any. Seller represet'that the regular owners'essociati t dues,if any.are S per (b)Compliance: To Seller's actual knowledge. (i) Seller has complied with all applicable ]avis. ordinances, regulations, statutes.rules and restrictions pertaining to or affecting the Property,(ii)performance of the Agreement will not result in the breach of. constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound;and(iii)there arc no legal actions,suits or other legal or administrative proceedings pending or threatened against the Property,and Seller is not aware of any facts which might result in any such action,suit or other proceeding. Section 16. Survival of Representations and Warranties.:A.11 representations. warranties, covenant~ and agreements made by the parties hereto shall survive the Closing and delivery of the deed.Seller shall,at or within six(6)months after the Clint,,osand without further consideration,execute,acknowledge and deliver to Buyer such other documents and tn_aruments,and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property de• cribcd herein in accordance with this Agreement Section 17.Applicable Law:This Agreement$hail be construed under the taus of the state in which the Property is 1oated.This form has only been approsed for use in North Carolina. Section IS.mks snntcnt:This A cement is freely assignable unless otherwise expressly provided on Exhibit B Section 19.Tax-Deferred Exchange: in the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Bayer and Seller agree to cooperate to effecting such exchange: provided,however,that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents,at no cost to the non-exchanging party,as shall be required to give effect to this provision. Section 20.Memorandum of Contract- Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof(other than the Purchase Price and other sums due)as either party may wish to incorporate.Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum(which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of angle. Section 21. Authority: Each srgzratary to this Ae ernent repr lis and vet rants that he or she has full authority to sign this Agreement and such instruments as may be necessary to ere-amaze any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such parry. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants:or real estate agents by, through or under the indemnifying party for fees or commissions arising out of tate sale of the Property to Buyer. Buyer and Seiler represent and warrant to each other that(i)except as to the Brokers designated under Section 10)of this Agreement,they have not employed nor engaged any brokers,consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is c'tabli.hed by and shall be governed by separate agmements entered into as amongst the Brokers,the Buyer andlor the Seller. Section 23.Attorneys Fees:It'legal proceedings are instituted to enforce any provision of this Agreement the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding_ E1F /SYNTHETIC STUCCO: iithe adjacent box is checked,Seller discloses that the Property has been clad previously (either in whole or in part)with an"exterior insulating and finishing system"commonly known as"EIFS-or"synthetic s,uxo".Seller makes no representations or w ztrr:anties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the c -tence of such materials at the Property 7c7 g Buyer initials �''-1 Seller Initials STANDARD FORM 580-T Revised 7/2013 k.9 71_016 Produced with a=Forme by npLoao: 18070 Firnon aids,Road,Fraser.MidWat Milt. 48020 west itcLOM.Ccfri tilt]' ADDENDUM A Examination Period-Seller and Buyer agree to the following schedule and fees during examination period: Contact Date to February 28,2017—S 0.00 March 1,2017-S 500.00 April 1,2017-S 500.00 April 30,2017 $500.00 Examination fees will apply to settlement at dosing on the buyers behalf. Deliveries-Debris to be removed from the site prior to May 14,2017.Debris would include but not limited to:irrigation equipment,all pesticide sprayers and bottles,all visqueen/plastic sheeting covering the beds,wooden tomato stakes,and any other materials left by the commercial farming operation. THE NORTH CAROLINA ASSOCIATION OF RF.ALTORStIt'}.INC. AND'THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO TIM LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEN. THAT TT DOES NOT PR.OV/DE FOR YOUR LEGAL NEEDS_YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. 13UYER: Individual Individual • e:–.--/I - /IL t._,4 I)atc: Date: t r / • .J Datc- Datc: Rnsincss Entity Itrsistss Entity PMA tioldincrst Y,_,C ity jn1c Ent } By: t � (Name of Entity) By: Nnille:Mark Br000kn Name: fide:r nmobc r tuna er Tide: Dale:Novtmb�- 14 2015 Date: The undersigned hereby acknowIei4zes receipt of the Earnest Money Set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. _ (Name ofFirrn) ��1 Dole. --3-7–Th-'�C)i (, V l� (1 BMP HOLDING LLC WR� �iz" r Tann, PH.828-232700 712 MERRIMON AVE 592ASHEVILLE,NC 28804 Pay to the Date 7f , :6-112/53I _ $ 25902 I Order of Z, I E11 � o.�m.me.K Dollars B ��aa• 4 BRANCH BANKING AND TRUST COMPANY i ASHEVILLE,NORTH CAROLINA / t dFor /rZ // } } bSaF w I'r(:duced»1h cipfcnMa)by Z,irLrla 1307D I Ineon:�lire-toe87,1- ;cr,Mic; jn 40V20 wrze_,;•e1 ..•c n cunaawvws Q26 ttnw[WM ii\1h ADDENDUM A Examination Period-Seller and Buyer agree to the following schedule and fees during examination period: Contact Date to February 28,2017—$0.00 March 1,2017-$500.00 April 1,2017-$500.00 April 30,2017-$500.00 Additional Examination Period— Seller agrees to extend Examination Period until June 30,2017 in exchange for an additional$1500.00.Seller will execute permit application document for Brooks Engineering to acquire storm water permits(for 10517 Boylston Hwy,Mills River, NC), limited to acquisition of permits and not construction or disturbance,from the State of North Carolina as required by the Town of Mills River to be granted Tiny House Project entitlements by said township.Seller agrees to extend closing date until July 15,2017.Total examination fees will be$3000.00 and will be applied to closing. illiC/ 411(v110 /z7/ f Deliveries-Debris to be removed from the site prior to May 14,2017. Debris would include but not limited to:irrigation equipment,all pesticide sprayers and bottles,all visqueen (plastic sheeting) covering the beds,wooden tomato stakes,trash,and any other materials left by the commercial farming operation. ,4�� , A North Carolina 7Q, tk F ,j } EPART'fl ENT' OF THE P l f: r� Elaine F. Marshall { TSecretary SECRETARY OF STATE PO Box 29622 Raleigh,NC 27626-0622 (919)807-2000 Account Login Click Here To: Create Site View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre-Populated Annual Report form Corporate Names Legal: BMP Holdings, LLC Limited Liability Company Information Sosld: 0638931 Status: Current-Active Annual Report Status: Current Citizenship: Domestic Date Formed: 7/19/2002 Fiscal Month: December Registered Agent: Brooks, Mark C. Corporate Addresses Reg Mailing: 17 Arlington Street Asheville, NC 28801-2005 Mailing: 17 Arlington St Asheville, NC 28801-2005 Principal Office: 17 Arlington St Asheville, NC 28801-2005 Reg Office: 17 Arlington St Asheville, NC 28801-2005 Company Officials All LLCs are managed by their managers pursuant to N.C.G S. 57D-3-20. Manager: Mark C. Brooks 17 Arlington St Asheville NC 28801 Member: Sidney Brooks 17 Arlington Street Asheville NC 28801