SW8060509_HISTORICAL FILE_20110321

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 a(cO509
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
C HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
Zr7I (D3 Z l
YYYYMMDD

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
March 21, 2011
Division of Water Quality
Coleen H. Sullins
Director
Summerhouse on Everett Bay Homeowners Association, Inc.
C/o Amon McCormack Jr.
3129 Spring Bank Lane
Charlotte, NC 28226
Subject: Name Change / Ownership Change
Summerhouses on Everett Bay
Stormwater Permit No. SW8 060509
Onslow County
Dear Mr. McCormack:
Dee Freeman
Secretary
On February 18, 2011, the Wilmington Regional Office received a request for the transfer of the
Stormwater Management Permit for the subject project. Staff of the Division of Water Quality
have inspected the project, determined that the documentation is in order, and the project is in
compliance with the Stormwater permit requirements. 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. If you need.
additional copies of the permit, or copies of the approved plans, please contact the Division of
Water Quality in the Wilmington Regional Office at the phone number below. Please replace the
old second page of the permit with the enclosed updated page.
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 Operation and
Maintenance agreement. Any modifications to this project must be submitted to the Division
of Water Quality 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.
If you have any questions concerning this matter, please do not hesitate to call David Cox or me
at [phone],
Sincerely,
d=`
SC6--tf
Stormwater Supervisor
Division of Water Quality
GDS/ dwc: S:IWQSIStormwater 2011 03 permit
cc: Randolph Allen
Onslow County Building Inspections
Wilmington Regional Office File
Central Files
Iffilmnington Regional vt5ce
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone]Customer Service: t-877-623-6748 NorthCarr iria
Internet: www.ncrvaterquality.org �litllrtCrll�
An Equal Opporlunily 1Affrmatve Action Employer

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina
as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Summerhouse on Everett Bay Homeowners Association, Inc.
Summerhouse on Everett Bay
NCSR 1534, Holly Ridge, Onslow County
FOR THE
construction, operation and maintenance of four (4) wet detention ponds and one (1) constructed
wetlands in compliance with the provisions of 15A NCAC 2H .1000 (hereafter 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 of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until July 10, 2016 and shall be subject to
the following specified conditions -and limitations:
1. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described
in the application and other supporting data. This modification provides treatment for the
boat ramp and parking area in a constructed wetland; as well as plans and details for the
boat storage parking, post office, clubhouse, tennis courts, and Caroline Park seating
areas. There is no increase in overall impervious from the existing permit and there is no
change to the four wet ponds except for reallocation of impervious within each drainage
area.
This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 1,029
single family lots, each allowed a maximum amount of built -upon area, as specified in
Section It.16 of this permit.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
4. The overall density level of the project must remain at 30% or less.
5. The wet detention ponds are provided for the treatment of collected runoff; as well as
treatment for the boat ramp parking area in constructed wetlands. Additional treatment
systems will be required for future development. Stormwater management measures for
these areas must be submitted as a permit modification and approved by the Division prior
to construction of any future BUA.

TtA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
1. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: Sw a 0100FJ 49
2. Project Name:.SVWACRg0VSE e*3 CV199ETT- ''>�
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3. Current Permit Holder's Company Name/Organization: t1OkTq bf*U&4Wr r.,VAC.
4. Signing Official's Name: A*sb:K-& A.ALLEO Title: QESktEtJT
(person legally responsible for pe !t)
5. Mailing Address: a24 ZMO Or LNE . SV Lr6- 200
City: _C�t4ouzgT6— Stater zip:_ 2-52Z {v
6. Phone: (3k) :?kzl -040t Fax:
II. PROPOSED PERMITTEE I OWNER / PROJECT 1 ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
Name change of project (Please complete Item 5 below)
Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:SO�W&Z$toU,3E 10 fc*AEM1M 4Wf04t3ftS 4•
2. Proposed permittee's signing official's name: mom Me-CDQA'14M Zf •
3. Proposed permittee's Title: PDXS MIEZ T
4. Mailing Address:. 312-q -SA i0a EAv3 Y—LAC
City: C*Pdz1.. 1-f1F State: 1,1 C, zip:
Phone: ?r 0q ) 647 ~ & 00to Fax: (10*4 —2-CaD2
5. New Project Name to be placed on permit:
Pl ase check the appropriate box. The proposed permittee listed above is:
HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name
of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above).
❑ The property owner. ••--
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner
Information on page 4)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Revi 6Nov2009 Page 1 of 4
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III. REQUIRED ITEMS
This application package will not be accepted by the Division of Water Quality unless all of the
applicable required items listed below are included with the submittal.
4-: This completed and signed form.
,2: Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee
and Proposed Permittee Sectionsl
.3- A copy of the recorded deed restrictions, if required by the permit.
A The designer's certification, if required by the permit and it not already submitted to DWQ.
.W if the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from
the Secretary of State office, which supports the named president, vice president, member, manager
or General Partner.
0 The $40.00 processing fee. If this Is an initial transfer from the original permittee to the property owner
or other responsible party such as an HOA, the processing fee is not required. Sub4sytuent ownership- - -
transfers will require the $40.00 processing fee. 11��
IV. CURRENT PERMITTEE'S CERTIFICATION F `- r
Please check one of the following statements: FB
❑ Check here if the Current Owner is only changing,the owner name, company 'me or pf0
name, or the mailing address, and will retain ownerip of the permit. \ ",
I, , the current owner, hereby notify the Divisl' of
Water Qualityy' that I am changing my name or company name and/or I am changing my mailir1___'1/
address andlor I am changing the name of the permitted project. I further attest that thEs 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 and that if all required supporting -.--.--__.._.
information and attachments as outlined above are not included, this application package will be
returned as incomplete.
Check here if Current Owner is transferring (selling) the property to a new owner and will not
Irelain ownership 1�0� f the permit.
I, DOLA .lir 1 • 4LLE,4 , the cu rent owner, am submittingthis application for a transfer of
ownership for permit # 60 . I hereby notify. DWQ of the sale or other legal transfer ;•
of the stormwater system associated with this permit. I further acknowledge and attest that I have
transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the
DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and
Maintenance agreement and copies of past maintenance records to the Proposed Permittee named. -
in Sections 11 and V of this form at the mailing address listed in Section II of this form. I further attest
that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of. __� __�•
this form. f understand that this transfer of ownership cannot be approved by the Division of Water
Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs
this form. I understand that in the event the facility is not in compliance or the Proposed Permittee
does not sign this form, the responsibility to bring the facility into compliance and to comply with the
terms and conditions of the permit remains with me until such time as the Proposed Permittee signs i
this form and the Di 'sion appro s it.
Signature: Date:
a Notary Public for the State of ;
e County of , do hereby certify that
0.N C0 i lei personally appeared before me this the
ICo day of , 20__LL, and acknowledge the due execution of the_ _-
forgoing instrument. Witness my hand and official seal,
n
Notary Signature
SSW N/O Change Rev16Nov2009 Page 2 of 4
(Notary Se I
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V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Perrmittee for all transfers of ownership)
I, Amo►a maC4enf4CV, -Qse. T , hereby notify the Division of Water Quality that I have
acquired throug sale, lease or legal transfer, the responsibility for constructing and/or operating and
maintaining, the permitted stormwater management system. I have examined the permit and
inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit
and to comply with the terms and conditions of the permit.
I attest that I have reviewed this application for an ownership change and it is accurate and complete
to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
I further acknowledge and attest that in the event the required facility inspection reveals that the
project is not in compliance with the permit, I understand this transfer of ownership will not be
approved until the project is brought into compliance. i acknowledge and attest that I have received a
copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved
plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement
and copies of past maintenance records from the previous permittee. I further acknowledge and
agree that I wilt construct and/or operate and maintain the system per the requirements listed in the
permit and in the Operation and Maintena agreement.
Signatu eDate:
1, ry-"O.A l N Q-- u>— ulizh , a Notary Public for the State of
County of v , do hereby certify that
� (i "a ek _ >V nersonally anneared before me this the
day of, , 20--LL and acknowledge the due execution of the
forgoing instrument. Witness'my hand and official seal,
►01w n rySea)
Notary Signa ure U'w -jiune20,2013
�y ConuNs�on
Additional copies of the original permit and the approved Operation and Maintenance plan can be
obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee, should be sent to the . -- - ;
appropriate Regional Office of the North Carolina Department of Environment and NaturaV -1--- 6"� 1
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.
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SSW NiO Change RevMov2009 Page 3 of 4

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VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the- : -
Property Owner must provide his/her Contact Information below and sign this•form:�-=• — '
Printed Name:
Organization:
Title within the Organization:
coraatete Street Address:
,Ms
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zprovea
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City: State: _Zip:
Mailing Address: •-�.,asa.. _
(if different from street address) --- ", t;.
City: State: _Zip:, _
Phone: Fax: Prinne- .-_ P_."
Email: "n';�'`
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, lease or purchase the property. A
copy of the lease agreement or pending property sales contract has been provided with the.' - =
submittal, which indicates the party responsible for the construction and/or operation and
maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, thatTwill­-":'=Z'_
appear as a permittee along with the lessee/developer and that it the designated Proposed
Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending
sales contract, responsibility for compliance with the DWQ Stormwater permit reverts, back wme;e =grin me.'aW+
the property owner. As the property owner, it is my responsibility to notify DWQ by submittingraer. t#'s m-v :eso,
completed Name/Ownership Change Form within 30 days of procuring a developerjessee orerm Amnin 3U da:
purchaser for the property. 1 understand that failure to operate and maintain the stormwater_s ><�. �-Xl
treatment facility in accordance with the permit is a violation of NC Generat 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 of the property owner
M
Date:
a Notary Public for the State of
County of , do hereby certify that
personally -appeared before.me this_the_.._ _,_ _ _
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
SSW WO Change Revi6Nov2009
Page 4 of 4
(Notary Seal)
. FEe 1

Permit Number SW8060509
Program Category
State SW
Permit Type
State Stormwater
Primary Reviewer
david.cox
Coastal SW Rule
Coastal Stormwater - 1995
Permitted Flow
Facility Name
Summerhouse on Everett Bay
Location Address
Sr 1534
Holly Ridge NC
28445
Central Files: APS SWP
03/21/11
Permit Tracking Slip
Status Project Type
Active Minor modification
Version Permit Classification
1.30 Individual
Permit Contact Affiliation
Gene Euchler
3129 Springbank Ln
Charlotte NC 282263379
Major/Minor Region
Minor Wilmington
County
Onslow
Facility Contact Affiliation
Owner Name
Owner Type
Ra North Development I Inc
Non -Government
Owner Affiliation
Randy Allen
3129 Springbank Ln
Charlotte NC 282263379
Dates/Events
Scheduled
Orig Issue App Received Draft Initiated Issuance
public Notice Issue Effective Expiration
07/10/06 02/18/11
03/21/11 03/21/11 07/10/16
Regulated Activities ReauestedlReceived Events
Slate Stormwater - HD - Detention Pond Deed restriction requested
State Stormwater - HD - Hybrid Other Deed restriction received
State Stormwater - HD - Wetlands Engineeritech specialist certification received 08/23/10
State Stormwater - Low Density Deed restriction received 02/18/11
Outfall NULL
Waterbody Name
Stream Index Number Current Class Subbasin

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Doc ID: D01084680049 Type; CRP
Recorded: 06/21/20G6 At 10:49:14 AM
Fee Amt: $158.00 Page 1 of 49
0nslow County, NC
Mildred M Thomas Repister of Deeds
aK2679PG633-681
Summerhouse
Everett'Bay
_Y
Ff�l�Zp11
DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS,
EASEMENTS, CHARGES, AND LIENS FOR SUMMERHOUSE ON
EVERETT BAY
&16-06
FINAL
Book 2679, Page 633, File Numbez

(Page 2 `of 49)
NOTE: THIS DECLARATION CONTAINS BINDING, IRREVOCABLE
AGREEMENT TO ARBITRATE AND IS SUBJECT TO ARBITRATION
PURSUANT TO THE STATE CODE STATUTE OR UNIFORM
ARBITRATION ACT THAT IS APPLICABLE REGARDING BINDING
ARBITRATION.
DECLARATION OF PROTECTIVE COVENANTS RESTRICTIONS,
EASEMENTS, CHARGES AND LIENS FOR SUMMERHOUSE ON
EVERETT BAY
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF
POLITICAL SIGNS, THE FLAG OF THE UNITED STATES OF
AMERICA AND THE STATE OF NORTH CAROLINA.

(Page 3!of 49)
rn..r.
NOTE: THIS DECLARATION CONTAINS BINDING, IRREVOCABLE AGREEMENT TO ARBITRATE AND IS StfBJ£CT TO
ARBITRATION PURSUANT TO THE STATE CODE STATUTE OR UNIFORM ARBITRATION ACT THAT IS APPLICABLE
REGARDING BINDING ARBITRATION.
STATE OF NORTH CAROLINA } DECLARATION OF PROTECTIVE
} COVENANTS, RESTRICTIONS, EASEMENTS,
COUNTY OF ONSLOW } CHARGES AND LIENS FOR
SUMMERHOUSE ON EVERETT BAY
THIS DECLARATION made by R.A. NORTH DEVELOPMENT I, Inc., a North
Carolina corporation, hereinafter referred to as the "Declarant":
WITNESSETH:
WHEREAS, the Declarant is the owner of the real property more particularly described
below, and desires to develop thereon a residential subdivision (hereinafter, together with any
property added thereto, called "the Subdivision"); and
WHEREAS, the Declarant, in its discretion, may incorporate any additional real property
as additional phases of the Subdivision and bring same under this Declaration but shall be under
no obligation to do so; and
WHEREAS, the Declarant desires to maintain design criteria, location and construction
specifications, and other controls to assure the integrity of the Subdivision; and
WHEREAS, each owner of a Lot in the Subdivision will be required to maintain and
construct homes in accordance with the design criteria herein contained; and,
WHEREAS, the Declarant desires to provide for the preservation of the values and
amenities in the Subdivision and for the maintenance of common areas and facilities, if any, and
to this end, desires to subject the real property described in Exhibit "A" to the covenants,
restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are
for the benefit of said property and each owner thereof, and,
WHEREAS, the Declarant has deemed it desirable, for the efficient preservation of the
values and amenities in the Subdivision, to create an association to which will be delegated and
assigned the powers of maintaining and administering the Subdivision (as defined hereinafter),
promulgating rules and regulations for the usage of common areas in accordance with this
Declaration, administering and enforcing the covenants and restrictions and levying, collecting
and disbursing the assessments aild charges hereinafter created; and,
—._ WHEREAS,-the.Declarant.has.caused-to-be-incorporated-under-the-laws-of=the-State-of------ - -
North Carolina, a not -for -profit corporation to be known as Summerhouse on Everett Bay
Homeowners Association, Inc. for the purpose of exercising the aforesaid functions,
Book 2679. Paae 633. File Nlunhez

4 1
� t
(Page 4 ;of 49)
:�-
NOW THEREFORE, the Declarant declares that the real property described in Exhibit
"A", annexed hereto and forming a part hereof, is and shall be held, transferred, sold, conveyed
and occupied subject to the North Carolina Planned Community Act codified in Chapter 47F of
the North Carolina General Statues and subject to the covenants, restrictions, easements, charges
and liens hereinafter set forth.
ARTICLE I
Definitions
Section 1 . The following words when used in this Declaration or any Supplemental
Declaration (unless the context shall prohibit) shall have the following meanings:
(a)"Additional Property" shall mean and refer to additional real estate that the Declarant,
in its discretion, may incorporate as additional phases of the Subdivision and bring same
under this Declaration but shall be under no obligation to do so.
(b)"Annual Assessments" or "Assessments" shall mean an equal assessment established
by the Board of Directors for common expenses as provided for herein or by a
subsequent amendment which shall be used for the purpose of promoting the recreation,
common benefit and enjoyment of the Owners and occupants of all hots and the
operation, maintenance and repair of the Common Area.
(c)"Architectural Review Committee " or "ARC" shall mean and refer to the
Architectural Review Committee established under Article VIII hereof.
(d)"Association" shall mean and refer to Summerhouse on Everett Bay Homeowners
Association, Inc., its successors and assigns, a Trot -for -profit North Carolina Corporation.
(e)"Common Area and/or Open Space " shall mean and refer to all common area and
those areas of land, including the facilities to be constructed thereon, if any, shown and
specifically designated as such on any subdivision map of the Subdivision (as hereafter
defined) filed by Declarant or by any other means so designated by Declarant. The
Common Area shall he all areas not included in one of the 1,029 proposed lots. Common
Area and or Open Space will be under control of the Homeowners Association. Such
areas are intended to be devoted to the common use and enjoyment of the members of the
Association as herein defined, and are not dedicated for use by the general public.
However, no general plan or plat of the Subdivision showing additional property or
adjoining areas which may later be developed as additional phases of the Subdivision
shall cause such areas to be included as Common Area nor shall the Association or any
Owner be entitled to any right, title or interest therein unless and until such adjoining
areas shall have been formally included as a part of the Subdivision by the Declarant
pursuant to the terms hereinafter contained. Subject to the provisions of Article V1
hereof, existing and future streets, roads and right-of-ways, alleys, open spaces, private
lanes, greenways, median strips, cul-de-sac centers, planting areas, street trees, clubhouse
facility, swimming pool, tennis courts, playground and miscellaneous recreational areas,
�. _ parks,_entrance walls,_electronic.entiy-gate.and.signage,-mailbox-facilities;•gate-house, -
ponds, lakes, retaining walls, bulkheads, walks, sidewalks, boardwalks, estuary areas,
walking trails, boat storage and a small vessel launch, a viewing dock and 10 day slips,
2
Book 2679. Patre 633. File Numhar

_ I
i
(Page 5 of 49)
all (subject to regulatory approval), and any other areas, facilities if any, or improvements
so designated specifically in writing or designated as "Common Area and/or Open Space"
on the plats of the Subdivision referred to in Exhibit "A" hereto and any further phases of
the Subdivision, shall become Common Area upon conveyance by Declarant to the
Association.
Provided however, the recording and reference to said plat shall not in and of itself be
construed as creating any dedications, rights or easements (negative reciprocal or
otherwise), all such dedications, rights and/or easements being made only specifically by
this Declaration, any amendment or supplement hereto or any deed of conveyance from
Declarant, its successors or assigns.
(l "Declarant" shall mean and refer to R.A. North Development 1, Inc., a North Carolina
corporation, its successors and/or assigns.
(g)"Declaration" shall mean and refer to this Declaration of Protective Covenants,
Restrictions, Easements, Charges and Liens for Summerhouse on Everett Bay, as it may
he amended from time to time.
(h)"Dwelling" shall mean and refer to the completed single family home located upon a
Lot.
(i)"Governing Documents" shall mean and refer to the Declaration, the Articles of
Incorporation of the Association, the By -Laws of the Association, the Architectural
Guidelines ("Guidelines") the Application for Preliminary Architectural Review, the
Application for Final Architectural Review, Summerhouse on Everett Bay Guidelines
Pattern Book, Summerhouse on Everett Bay Approved Plant List and the Rules and
Regulations of the Association.
0)"Lot" shall mean and refer to any lot of land intended for residential use, with
delineated boundary lines appearing on any recorded subdivision map of the Subdivision
with the exception of any Common Area shown on any plat of the Subdivision. In the
event any Lot is increased in size by subdivision or combination, the same shall
nevertheless be and remain a Lot for the purposes of this Declaration. This definition
shall not imply, however, that a Lot may be subdivided if prohibited elsewhere in this
Declaration.
(k)"Member" shall ;Wean and refer to an Owner who is a member of the Association as
provided in Article V hereof.
(1)"Owner " shall mean and refer to the record owner, whether one or more persons or
entities, of the fee -simple title to any Lot(s) later developed, but shall not mean or refer to
any mortgagee or subsequent holder of a mortgage, unless and until such mortgagee or
holder has acquired title pursuant to foreclosure or any proceedings in lieu of foreclosure.
Said term "Owner" shall also refer to the heirs, successors and assigns of any Owner.
The Declarant shall not be deemed an Owner.
(m)"Setback " shall mean an area along the boundary of a Lot where no building or other
structures including, without limitation, swimming pools, fences, patios or decks shall be
3
Book 2679. Pace 633. file Number

i
(Page 6 ;of 49)
,1
permitted, without the express written permission of Declarant.
(n)"Single Family Area" shall mean and refer to any portion of the Subdivision
designated as such by the Declarant in which Lots are for single family residential use.
(o)"Subdivision " shall mean and refer to all property including Lots, Common Area
and/or Open Space as are subject to this Declaration, and which are described in Exhibit
"A" together with any additional phases that may be developed and specifically submitted
to the provisions of this Declaration pursuant hereto.
(p)"Subsequent Amendment" or "Supplemental Declaration " shall mean an amendment
to this Declaration which adds property to this Declaration and makes it subject to the
Declaration. Such Subsequent Amendment may, but is not required to, impose, expressly
or by reference, additional restrictions and obligations on the land submitted by that
Subsequent Amendment to the provisions of the Declaration.
(q)"Waterfront Lot" shall mean those Lots whose boundary lies on the Intracoastal
Waterway or any lot whose boundary lies on Common Area that contains a body of
water.
(r) "Turnover Date" shall have the meaning as set forth in Article V hereof.
(s) "Wastewater Facilities" shall mean the wastewater collection system, a wastewater
treatment plant and a wastewater disposal system which shall be used for the collection,
treatment and disposal of the wastewater from the Subdivision including any future
phases. The Wastewater Facilities include but are not limited to collection lines, mains,
wastewater treatment plant, pumps, controls, electrical equipment, the upset basin, the
infiltration basins, services and connections, existing or proposed for the Subdivision.
ARTICLE II
Uses of Propert
Section 1. Conformity and Approval _of Structures. No structure, fence, sidewalk, wall,
swimming pool or other improvement shall be placed or altered on any Lot except in accordance
with the provisions of this Declaration.
Section 2, Subdivision of Lot. No Lot shall be subdivided except as hereinafler provided
and no building or residence, including porches, swimming pools or projections of any kind,
shall be erected so as to extend over or across any of the Setbacks as hereinafter established
except as herein provided. Provided, however, two or more Lots may be combined to provide
one building site in accordance with this Declaration.
Section 3. hicreascd Size of Lots. A Lot or Lots may only be subdivided provided the
effect is to increase the size of both of the adjoining Lots. In such cases, the Declarant may alter
the building lines to conform. Should the Owner or'Owners of any Lots and/or portions of Lots
---which-have`been corribirted-ford-single buildirg sitee subsequeritly wish tv revert io the original
plan of subdivision, or make any other combination which would not he in violation of this
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(Page '7 !of 49)
1
restriction, such may be done only if the written consent of the Declarant its successors or
assigns is first had and obtained. In such instances, the adjoining Lot Owners, or other Owners
in the subdivision do not have the right to review, pass an or interfere with such Lots
rearrangement, as such rights shall be exclusively that of the Declarant or any successors or
assigns to whom the Declarant may expressly have transferred such rights, but the Owner of any
other Lot in the subdivision does not, by virtue of such status as an Owner, become any such
successor or assign. More than one Lot may be combined to form one Lot with the written
consent of Declarant, its successors and assigns. Upon combination of Lots, the building line
requirements prescribed herein shall apply and the casements reserved herein shall be applicable
to the rear, side and front Lot lines of such lot as combined. The resulting building site and
structures erected thereon must otherwise comply with these Restrictions and the new property
line of the resulting building site shall be used to compute the set -back lines as set forth herein.
Annual assessments are applicable on each individual Lot as originally recorded by Declarant
regardless of whether two or more Lots are combined by an owner to form one. Where a Lot is
subdivided to increase the size of two adjoining lots, annual assessments are applicable to the
owner of each subdivided portion. The assessment oh the subdivided portions for each Lot
Owner is based on the percentage of acreage acquired from the subdivided Lot.
Section 4. Alteration of Setback Lines in the Best Interest of Development . Where
because of size, configuration, natural terrain, or any other reason in the sole opinion of the
Declarant, it would be in the best interest of the development of the Subdivision that the setback
lines of any Lot should be altered or changed, then the Declarant reserves unto itself, its
successors or assigns, and no other, the right to grant a variance to the Lot Owner or in the case
of a Lot owned by Declarant, the Declarant may change said setback lines to meet such .
conditions. Any such alteration shall meet any minimum standards as set forth by Onslow
County or the Township of Holly Ridge. The Declarant specifically reserves the right to transfer
and assign this right of approval to the Architectural Review Committee hereinafter established.
Section 5. Completion of Improvements. With the exception of construction which is
interrupted or delayed due to strikes, national emergencies, or physical damage to the work in
progress (such as damage due to fire, lightning, windstorm, flood, hail., riot or civil commotion,
explosion, or theft), any Dwelling constructed upon a Lot must be completed within one (1) year
subsequent to commencement of construction, except with the written consent of Declarant, its
successors or assigns, or, if the Declarant so designates, by the ARC. The Owner of the Lot on
which the improvements are being constructed shall at all times keep public and private streets
contiguous to the Lot free from any dirt, mud, gravel, garbage, trash or other debris which might
be occasioned by construction of the improvements. During construction, the Owner shall
require its contractors to maintain the Lot upon which such work is being done in a reasonably
clean and uncluttered condition and, to the extent possible, all construction trash and debris shall
be kept within refuse containers. Upon completion of construction, the Owner shall cause its
contractors to immediately remove all equipment, tools, and construction material, and debris
from the Lot.
In the event that completion of the Dwelling, outbuildings, or other improvements on any -Lot is
not completed within one year, and it is determined that construction progress has diminished to
such an extent that completion of the Dwelling, outbuildings, or other improvements is unlikely
with in-l20-days; notice•will-be•givensto-the•Owner,that-the- Own erhas'thc`obligation; within 30``
days, to remove all construction work in progress, including without limitation, the foundation
and all building improvements and all stored building materials, and fill and grade the lot so that
5
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(Page 8 ,of 49)
it is restored to its natural grade level. The Declarant or the Association (after termination of
Class B membership) shall have the right to undertake this work upon Owner's failure to do so
and charge the cost to the Owner and place a lien upon the Lot upon Owner's failure to pay these
charges. .
No building under initial construction shall be occupied until construction is completed and
all necessary approvals of the ARC and any governmental authorities have been obtained.
Section 6. Residential Use of Lots. All Lots shall be used for residential purposes
exclusively except for limited home office uses permitted under Section 1 I of this Article 11. No
structures, except as hereinafter provided, shall be erected, altered, placed or permitted to remain
on any Lot other than one (1) detached single family Dwelling constructed in accordance with
the flans and Specifications herein defined in Article 1II. No timesharing, interval ownership or
other related ownership scheme where the right to exclusive use rotates among multiple owners
or members of the program shall be permitted. Ancillary buildings or other out buildings shall
conform to the architectural scheme and appearance of the Dwelling. in addition, no leasing or
rental of any Dwelling shall be permitted having a duration of less than 6 months nor shall less
than the entirety of any Dwelling be leased. Declarant or its assignee may, however, maintain a
sales office, models and construction office upon one or more Lots until all Lots to be located
within the Subdivision have been sold.
Section T Maintenance and Landscaping of Lots. It shall be the responsibility of each
Owner to prevent the development of any unclean, unsightly, or unkept condition of buildings or
grounds on such Lot which shall tend to substantially decrease the beauty of the neighborhood as
a whole or the specific area. Each Owner shall maintain such Owner's Lot and.shall keep
underbrush and weeds mowed. Such maintenance obligation shall also extend to the portion of
any Common Area and/or public street right-of-way located between the boundary lines of each
Lot and any pavement within such street right-of-way, and to the portion of any Common Area
located between the boundary line of each Lot and the shore of any lake, pond, infiltration basin,
stream or other body of water located within such Common Area..
Landscaped and grassed areas on each Lot as designated by the ARC in its sole discretion shall
be watered by means of an automatic underground sprinkler system which shall be employed so
as to keep all vegetation in excellent condition. Landscaping as approved by the ARC shall be
installed prior to occupancy of the building improvements on each Lot. Occupancy prior to
completion of landscaping shall require the written approval of the ARC, shall be for good cause
only, and shall be no earlier than ninety days prior to completion of landscaping. To ensure that
all landscaping will be completed in accordance with the approved landscape plan, Owner shall
post a performance bond with the ARC in the manner set forth in the Architectural Review
Guidelines in the amount of $1,000.00 or such other sum as is established by the ARC from time
to time.
Section S. Nuisances . No noxious, unlawful or offensive activity shall be carried on
upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort,
annoyance or a nuisance to the neighborhood. No plants, poultry, animals, junk, gunk
automobiles, or devices or things of any sort, the normal activities or existence of which are in
any way noxious, dangerous, unsightly, Xnpleasant.or c f,a nature as,may diminish.or-destr-o.y-the
enjoyment of other property in the neighborhood shall be placed, kept or maintained on any Lot.
Without limiting the foregoing, exterior lighting may not be so installed on any Lot so as to
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(Page 9 ;o£ 49) .r
illuminate any portion of a neighboring Lot or to shine into any window or otherwise enter a
Dwelling located on an adjoining Lot. Bottled gas containers and oil tanks shall be screened
from public view- No lot shall be used for storage of building materials prior to the issuance of
the building permit for the primary residence.
Section 9. Exclusion of Above Ground Utilities. All electrical service and telephone
lines shall be placed underground and no outside electrical lines shall be, placed overhead. No
exposed or exterior radio or television transmission or receiving antenna shall be erected, placed
or maintained on any part of a Lot, provided, however, that the normal service pedestals, etc.,
used in conjunction with such underground utilities shall be permitted within the Subdivision.
Overhead utilities shall be permitted during the construction period and until utility companies
can place them underground. "Satellite dish" antennas and similar equipment in excess of 18
inches in diameter shall not be allowed except in the rear yard (to the rear of the Dwelling) and
must to the fullest reasonable extent, be screened from view from adjoining Lots and roadways
as per the Architectural Guidelines.
Section 10. Signs . No sign of any nature shall be placed on any lot without prior written
approval of the Declarant or the ARC in their sole discretion. No billboards or advertising signs
of any character shall be erected, placed, permitted or maintained on any Lot or improvement
thereon except as herein expressly permitted. "For Sale", or similar signs may be permitted on a
Lot, in the sole discretion of the Declarant or the ARC, provided the sign complies with material,
size, and color guidelines promulgated by the ARC. In addition, it shall be permissible for the
Association to have a sign located on the Common Area, if the design, size and location of such
sign is approved by Declarant, prior to its erection. No other sign of any kind or design shall be
allowed. Declarant as developer reserves the right at his sole discretion to erect temporary or
permanent signs on Lots and Common Area identifying owner's names, street names, common
area, traffic signs including stop signs and speed limit signs, and any other signs that will aid in
the development of the subdivision including signs advertising the Subdivision and/or model
homes. No sign shall be permitted within the road right-of-way. Should it be determined that a
sign erected on a Lot or in the Common Area does not conform to ARC guidelines, or has not
been approved, the Association, the Declarant, its agents or assigns shall have the right from time
to time to enter said Lot without any liability for damage, wrongful entry, trespass or otherwise
for the purpose of removing the nonconforming sign. The Declarant or the Association has the
right from time to time to revise the rules and regulations regarding signs in order to meet the
needs of the community or satisfy any governmental regulations. Notwithstanding the foregoing,
political signs may be placed on a lot in the time period beginning 45 days before the day of
election and no later than seven days after an election day. The size of any political sign must
comply with any applicable city, town or county ordinance regulating the size and number of
political signs on residential property, but `shall not exceed a maximum dimension of 24 inches
by 24 inches.
Section 11. Prohibition Against Business Activity. No business activity, including but
not limited to, a rooming house, boarding house, gift shop, antique shop, landscape business,
professional office or beauty shop or the like or any trade of any kind whatsoever (in which
clients or members of the pubic regularly come to any Lot or any significant business traffic is
_ generated in the Subdivision) shall be carried on upon..
any Lot_or Lots.. Froyided,.howe�er that_
- -- .
nothing contained herein shall be construed so as to prohibit use of any portion of a residence as
a home office, so long as no clients or members of the public regularly come to any Lot and no
significant business traffic is generated in the Subdivision on account of such use. Provided
Book 2679, Pave 633 . E.i1e wmber

(Page 10 of 49)
further, however, that nothing contained herein shall be construed so as to prohibit the
construction of houses to be sold on said Lots or the showing of said houses for the purpose of
selling houses in the Subdivision. Nothing herein shall be construed to prevent the Declarant or
its permitees from erecting, placing or maintaining signs, structures and offices as it may deem
necessary for its operation and sales in the subdivision.
Section 12. Mining and Drilling. No derrick or other structure designed for use in boring
for oil or natural gas shall be erected, placed or permitted upon any part of the Subdivision, nor
shall any oil, natural gas, petroleum, asphalt or hydrocarbon products or materials of any kind be
produced or extracted from the premises.
Section 13. Garbage Disposal . Each Lot Owner shall provide garbage receptacles or
similar facilities in accordance with reasonable standards established by the Declarant, or a roll-
out garbage rack of the type approved by the Declarant, which shall be visible from the streets on
garbage pickup days only. No garbage or trash incinerator shall be permitted upon the premises.
No burning, burying or other disposal of garbage on any Lot or within the Subdivision shall be
permitted (except licensed contractors may bum construction debris during the period of
construction of improvements on any Lot if they have been properly permitted). Provided,
however, that the Declarant or the Association shall be permitted to modify the requirements of
this Section 13 where necessary to comply with orders of governmental bodies.
Section 14. Temporary Structures . No structure of a nonpermanent character shall be
placed upon any Lot at any time, provided, however, that this prohibition shall not apply to
shelters used by the contractors during construction of the main Dwelling house, it being clearly
understood that the latter temporary shelters may not, at any time, be used for a residence or
permitted to remain on the Lot after completion of construction. Prior to placement on any lot,
all temporary construction shelters must be approved in writing by the ARC.
Section 15. Other Structures No home, tent (other than small overnight tents used by
children which remain in place for less then 24 hours), barn, shed, shack, trailer, mobile home,
modular home, tree house or other similar out -building or structure shall be placed on any Lot at
any time either temporarily or permanently, except as provided in Section 14 above, nor shall
above ground swimming pools be permitted.
Section 16. Clotheslines . No clotheslines or drying yards shall be located upon the
premises so as to be visible from any Common Area or from any adjoining property or Lot.
Section 17. Vehicles and Off -Street Parking . There are areas where permanent on street
parking is designated. In non -designated areas, temporary on street parking may he allowed for
24 hours maximum. Each Owner shall provide for parking of vehicles off alleys, private lanes,
streets and roads within the Properties. Except as otherwise specifically provided for in this
Declaration, no parking shall be permitted in or along any of the alleys, private lanes, roads or
streets in the Properties. There shall be no outside storage or parking upon any portion of the
Properties of any mobile home, modular home, trailer (either with or without wheels), motor
home, tractor, truck (other than personal -use pick-up trucks and sport utility vehicles),
commercial vehicles of any type (including, without limilation,_ears or_trucks with.advemsing
�W signs or lettering), camper, motorized camper or trailer, boat or other water craft, boat trailer,
motorcycle, motorized go-cart or other related forms of transportation devices, except if
adequately screened from view or otherwise permitted in writing by the Declarant or the
Book 2679. Pane 633. File Number

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(Page 11' of 49)
i
"r ny
Association. Notwithstanding the above, the use of golf carts will be allowed on the roads and
common area subject to any governmental regulations. The Declarant and/or the Association
reserve the exclusive right, in their sole discretion; to make certain rules and regulations, which
are subject to change from time to time, regarding the use of, parking and storing of golf carts
within the Subdivision. No Owners or other occupants of any portion of the Properties shall
repair or restore any vehicle of any kind upon or within a property subject to this Declaration
except (1) within enclosed garages, or (ii) for emergency repairs, and then only.to the extent
necessary to enable the movement thereof to a proper repair facility. Violators of the
prohibitions contained in this Section 17 shall be subject to having their vehicles towed, at the
Owner's expense, by or at the direction of the Association, and to the levy of fines by the
Association in such amount as may be determined from time to time by the Board of Directors.
Additional rules and regulations regarding use, repair and storage of vehicles in the Properties
may be promulgated from time to time by the Board.
Section 18. Sewer , Water, Utilities . No septic tanks or surface toilets are permitted in
the Subdivision. Portable toilets will be allowed only during construction. If applicable, the
grantee of any Lot assumes all responsibility for obtaining all necessary permits. Summerhouse
on Everett Bay Subdivision is to be served by a county water system and by centralized
Wastewater Facilities. Buyer understands and agrees that they will be responsible for the then
applicable water connection fee, sewer connection fee, electric connection fee, electric meter fee
and any impact fees, whether due at closing, when applying for a building permit or any other
time when required to be paid.
It shall be the responsibility of the owner to each dwelling unit to maintain the
wastewater collection line from the cleanout to the dwelling and within the dwelling. The
homeowner shall be responsible not only for that portion of the cotiection line on his property,
but also that portion of the collection line that crosses any common ownership prior to entering
the wastewater main.
The Wastewater Facilities in the subdivision will be operated in accordance with the
Wastewater Treatment and Reclaimed Water Utilization System Permit form the North Carolina
Department of Environmental and Natural Resources, Division of Water Quality and the
Purchase and Operations Agreement between R. A. North Development, 1, Inc., and Aqua North
Carolina, Inc., any successors or assigns.
Section 19. Firearms and Fireworks No ftreatms or fireworks of any variety shall be
discharged upon the Lots or Common Area. The term "firearms" shall include, without
limitation, guns, "B-B" guns and pellet guns.
Section 20. Animal and Pets No animals, wildlife, livestock, reptiles, or poultry of any
kind shall be raised, bred, or kept on any portion of the Subdivision, except that dogs, cats, or
other usual and common household pets not to exceed a total of three (3) may be permitted in a
Dwelling. Dogs shall be leashed and trader control of the owner when on the Common Area. No
dogs shall be permitted to roam the property and the Association may have strays and dogs that
are not leashed and are found off their owner's lot picked up by governmental authorities. Those
pets which, in the sole discretion of the Association, endanger health, make objectionable noise,
or constitute a nuisance or inconvenience to the Owners of other Lots or the owner of any
portion of the Subdivision shall be removed upon request of the Association, No pets shall be
,,,_ _ _ _ � _kept,.bred, or�n;ai.n,tamed_for:any_cammercial_purpose._Pets.shall.only..he.permitted.on.the...
Common Area if such portions thereof are so designated by the Association. All persons
bringing a pet onto the Common Area shall be responsible for immediately removing any solid
Hook 2679. Paae 633. File NuMber

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( Page 12 of 4 9)
waste of said pet. No hunting nor trapping of any wildlife, including, but not limited to, birds,
ducks, geese, turkeys, or deer shall be permitted on any common area.
Section 21. Driveways. All private driveways, right -of --ways, and culverts, if
required, installed therein, shall be of a type and quality approved by Declarant or the ARC and
the grade of same shall be set by Declarant or the ARC or any governmental regulations. All
pipe under driveways must be reinforced concrete pipe. No other material will be allowed.
Section 22. Mailboxes . Declarant shall provide locations, in its sole discretion, for mail
box facilities for the community. No other mailboxes and no paper boxes are allowed.
Section 23. Garages _ All dwellings built on Lots shall be required to have at least a two
car garage. No garage shall be converted to living area without prior ARC approval. if
approved, lots may have a detached garage as long as the garage is constructed of materials
similar to the dwelling and is compatible in design. Garage doors must be closed except when
entering or exiting said garage,
Section 24. Wells and Irrigation Systems. No sprinkler or irrigation systems of any
type that draw upon water from creeks, streams, rivers, lakes, ponds, infiltration basins,
wetlands, canals, or other ground or surface waters within the Subdivision shall be installed,
constructed, or operated within the Subdivision by any person, unless prior written approval has
been received from the Declarant. This Section shall not apply to the Declarant, and it may not
be amended without Declarant's written consent so long as Declarant has the right to add
property to the Subdivision in accordance with Article X Section 2 of this Declaration. No
private water wells or individual drinking water supply system shall be permitted upon any Lot.
Section 25. Ponds, Lakes and Infiltration Basins . No ponds, lakes or infiltration basins
shown on any map of the Subdivision shall be used for swimming, boating, diving or fishing, nor
shal I the use of any personal floatation devices, jet skis or other such items be permitted on any
pond or take except as permitted by the rules and regulations of the Association in its sole
discretion. No piers, docks or barriers shall be constructed on any portion of the ponds or lakes
nor attached to the shoreline or banks thereof, except those that may be constructed by the
Declarant or as approved by the ARC. No Lot Owner may use or permit to be used any water
from any ponds, infiltration basins, lakes or other bodies of water for irrigation of'such Owner's
Lot unless expressly approved in writing by the Declarant, its successors or assigns or ARC.
Permission may be granted in writing at the sole discretion of the Declarant, its agents or assigns
or ARC to allow lot owners to use water from the infiltration basins or lakes and any other ponds
for irrigation purposes. The amount of water and/or when water may be removed will be
designated. Neither the Declarant nor Association shall be responsible for any loss, damage, or
injury to any person or property arising out of the authorized or unauthorized use of ponds, lakes,
or infiltration basins within the Subdivision. No dredging or Oiling shall be undertaken on any
property adjacent to any water body. The Declarant makes no warranties whatsoever as to the
water level in the infiltration basins, lakes, and ponds, nor to their continued existence beyond
the time that the construction of them has been completed and they are filled with water. There
is to be no interference with pumps, fountains or water features. See Article IV for additional
provisions F6kircling-ponds and lakes: _-Declarant reserves a temporary construction easement of
forty (40) feet in width outside of all Common Areas and Common Areas around all ponds,
infiltration basins and lakes along with the right to clear and grade the land and enter thereon,
10
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(Page �13'of 49)
without the risk of trespass for the purpose of constructing, clearing or grading the Common
Area, ponds, infiltration basins and lakes. The temporary construction easement will expire
December 1, 2007. There shall be no dumping or discharging of any foreign substance or
material into the ponds, lakes or infiltration basins which shall be in any way harmful or
detrimental to the quality of the waters in said ponds. There shall be no storage of any hazardous
materials within one hundred (100') of the shoreline of the ponds. No animal life or fish shall be
introduced into the waters of the ponds, lakes or infiltration basins.
Section 26. Artificial Vegetation, Exterior Sculpture and Similar Items . No artificial
vegetation with the exception of specialty use areas such as common area putting greens shall be
permitted. Exterior sculpture, fountains, gazebos, arboretums, flags, and similar items are
subject to Declarant's or ARC's prior approval; provided, however, that nothing contained herein
shall prohibit the appropriate display of the American flag or the flag of the State of North
Carolina. Notwithstanding the foregoing, the size of the American flag or flag of the State of
North Carolina shall be of a size no greater than four feet by six feet, and shall be displayed in
accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. § 5-10.
Section 27. Play Structures and Yard Accessories. All yard accessories and play
structures, including basketball backboards and any other fixed game, shall be subject to ARC
review and prior approval.
Section 28. Energy Conservation Equipment. No solar energy collector panels or
attendant hardware or other energy conservation equipment shall be constructed or installed on
any Lot unless it is an integral and harmonious part of the architectural design on a structure, as
determined in the sole discretion of Declarant. Under no circumstances shall solar panels be
installed that will be visible from any street in the Subdivision_
Section 29. Trees . Trees may be removed without prior written approval within the
building foundation area of the main Dwelling and within twenty (20) feet of the main Dwelling
provided that the location of the house has been approved in writing by the ARC or the
Declarant. Except as provided for in this Section and in Article VIII of this Declaration, no tree
six (6") inches in diameter or greater at ground level shall be cut, removed or intentionally
damaged on any Lot without the prior written approval of the Architectural Review Committee.
Section 30. Elevation and Drainage Changes . No changes in the elevation,
topography or drainage characteristics of any Lot within the Subdivision shall be made without
the prior written approval of the Declarant or the Association Board of Directors,
Section 3I . Architectural Style. The architectural style for the community shall be
Coastal Cottage.
Section 32. Piers. No individual piers will be allowed on any lot located within the
Summerhouse on Everett Bay Subdivision. Individual piers are not allowed on the Intracoastal
Waterway.
Section 33. Small Vessel Launch and Boat Slio. The Small Vessel Launch and 10 Boat
Slips, which are common area, are subject to regulatory approval. The use of the Boat Ramp and
Boat Slips will be subject to CA -MA Regulations and the Rules and Regulations published by the
Declarant or Association which may be changed from time to time in their sole discretion. Boat
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(Page 141of 49)
Slips are for day use only by all lot owners.
Section 34. Marketing and Sales Activities. Declarant, its affiliates, and designated
Preferred Builders may construct and maintain upon portions of the Common Area and other
property they own, such facilities, activities, and things as , in Declarant's opinion, may
reasonably be required, convenient, or incidental to the construction or sale of lots. Such
permitted facilities, activities, and things shall include business offices, signs, flags (whether
hung from flag poles or attached to a structure), model homes, sales offices, holding or
sponsoring special events, and exterior lighting features or displays. In addition, if reasonably
required, convenient, or incidental to construction or sales activities, Declarant, Declarant's
Affiliates, and Builders may park vehicles in areas other than garages or driveways, including on
streets. Builder's rights under this Section are subject to Declarant's prior written approval.
Section 35. Right to Use Common Area for Special Events. As long as Declarant, its
successors or assigns, or any Affiliate of Declarant owns any property, including but not limited
to Common Area, described in and shown on the recorded plats of Summerhouse on Everett
Bay, Declarant may use the Common Area to sponsor special events for charitable,
philanthropic, or marketing purposes, subject to the following conditions:
(a) the availability of the facilities at the time requested;
(b) Declarant shall pay all costs and expenses incurred and shall indemnify the
Association against any loss or damage resulting from the special event; and
(c) Declarant shall have the right to assign its rights to charitable organizations or
foundations selected by Declarant. Declarant's right to use the Common Area for
special events shall be enforceable by injunctions, by any other remedy in law or
equity, and by the terms of this Declaration.
Section 36, Water Levels and Drainage. Declarant makes no representations, guarantees,
or warranties whatsoever as to the water level of any stream, river, lake, pond, infiltration basin,
waterway or body of water located on or adjacent to this subdivision. Declarant reserves the
right (but shall not have the obligation) which right shall survive the closing, to place, move or
remove dirt or trees on the subject property to construct the subdivision improvements, facilitate
drainage, or to provide the uniformity of grade with surrounding lots, should the foregoing be
deemed necessary or appropriate in the sole discretion of the Declarant.
Section 37. Featured Builder(s). Declarant reserves the exclusive right to designate certain
builders as Featured Builders, All Featured home builders are independently owned and
operated companies. To qualify as a Featured Builder, a builder must satisfy certain criteria and
requirements established by the Declarant. The designation of any builder as a Featured Builder
and the criteria and requirements established by the Declarant its successors or assigns, for a
builder to qualify as a Featured Builder are solely for the Declarant's protection and benefit and
are not intended to, and shall not be construed to, benefit any lot owner or any other party
whatsoever. Declarant makes no representation, express or implied, to any lot owner or any
other party whatsoever with regard to the Featured Builders, including, without limitation, a
Featured Builder's performance or ability to perform, solvency or financial status, compliance
with applicable laws and regulations, use of construction substances and materials and
'erformance pursuant to any or other reasonable standard of performance. Neither the Declarant
-or any real estate broker is responsible in any manner for the performance of the obligations of
Featurecl'$u�liiei chosen by a lot ativner, who shall look solely to the buildei foe eriforceinent of`-`�""�
,y claims for nonperformance, breach of warranty or any other matter relating to the
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(Page 161of 49)" _ lease 1i :- 3
the ARC review. All setbacks or any alteration of setbacks as provided herein shall meet the
minimum standards as set forth by Onslow County or the Township of Holly Ridge. The
setbacks for lots presently submitted to this Declaration are as follows:
FRONT: 15 fl.
SIDE: 5 fl.
REAR: 20 Ii.
Section 4. Fences, Walls and Animal Pens. Any fences, walls or animal pens sought to
be constructed on any Lot shall require the specific written approval of the Declarant or the ARC
as to location, size, composition, configuration, exterior materials, color and other similar
matters, which approval may be withheld for purely aesthetic considerations. No hedge,
shrubbery or vegetation of any kind shall be grown or placed in the form of a fence on any Lot or
Lots across the front street line of the said Lot or Lots or on either of the side lines of the said Lot
or Lots until such time as the Declarant approves same as to location.
Section 5. Prohibited Building Materials. Exposed exterior watts composed of concrete
block (unless covered with stucco or other approved material), imitation asphalt brick siding, tar
paper, and imitation asphalt stone siding shall be prohibited. All other materials are subject to
the approval of the ARC, which may approve or reject such materials in its discretion, on purely
aesthetic grounds.
Section 6. Commencement of Dwelling and other Construction._ Construction of a
dwelling must begin on all lots within 5 years from the date of closing or within 5 years from the
time the roads in the subdivision are paved and water, sewer and electric are installed, whichever
is the later. If a lot is sold by initial owner, subsequent owner has the balance of the 5 years plus
on additional year to begin construction. If construction has not been started by the expiration of
the 5 year period plus one year, the Declarant in its sole discretion has the option to purchase the
lot (but is not obligated) at the initial purchase price.
ARTICLE IV
Additional Provisions as to Buffer Areas and Ponds
Section 1. Buffer Areas . There shall be a Buffer Area twenty (20') feet in width along
the external boundary of Summerhouse on Everett Bay along the Lot line of any Lots that
adjoins property located outside of Summerhouse on Everett Bay. No cutting or removal of
trees, shrubbery, or landscaping of any kind shall be made within any Buffer area shown on any
recorded plat of the Subdivision, except with the prior written consent of Declarant or the ARC:
As the provisions contained herein are for the preservation of the aesthetics and privacy of the
Subdivision, in the event of the destruction or removal of any tree or landscaping within the
aforesaid Buffer (except destruction caused by act of God), the Owner of the Lot upon which
such tree, shrub, or landscaping was located -will cause same to be replaced or restored with a
comparable size and type of tree or landscaping, at_the I.ot Owner's sole expense._,_
Section 2. Declarant's Rights and Easements . Declarant, as developer, hereby reserves
and is granted a maintenance easement in favor of itself, its successor and assigns over, under,
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onto and across all Buffer Areas for the purpose of maintaining, restoring, and replacing trees,
shrubs, and landscaping. The reservation of these easements shall not place upon Declarant any
obligation to perform such activities and such performance shall lie solely within the discretion
of Declarant. The within rights of Declarant are in addition to the rights and obligations of
Association set out in Article VI, Section 4 of this Declaration. The easements herein reserved
and granted are perpetual, non-exclusive and shall run with title to the Lots.
Section 3. Rigbts of Enforcement . In the event an Owner does not replace trees and/or
restore landscaping as and when required under Section 1 above, Declarant and Association may
each enforce such Owner's obligations either by an action in specific performance or may
perform such work themselves and the cost and expense of such work and materials, shall be due
and payable by such Owner within seven (7) days of demand by Declarant or Association, as the
case may be. In the event such Owner refuses to make such payment as aforesaid, the Declarant
and Association shall have the right to bring an action for the collection of same plus attorney's -
fees related thereto; and Association shall have the additional right to enforce collection thereof
in the manner provided under Article VII, Section 5 of this Declaration.
Section 4. Ownership and Control of Ponds, Lakes and Infiltration Basins. No right
title or interest, including, without limitation, riparian rights, in any pond, infiltration basin or
lake shall attach to or become an appurtenant to the title to any Lot by reason of or upon
conveyance of such Lot by Declarant unless such conveyance specifically includes such rights.
The Declarant reserves unto itself, its successors and assigns an easement upon and across every
Lot to maintain said ponds, lakes, and infiltration basins as more fully provided in Article VI,
Section 8 of this Declaration, and the Association shall be responsible for all maintenance of said
ponds and lakes, including but not limited to monitoring water levels, maintaining any fountains
or aeration devices, dredging and providing lake mitigation services (i.e- algae control and
aeration). Nothing in this section shall relieve Lot Owners of their responsibility to maintain the
area of their Lot bordering the Common Area around the ponds, infiltration basins and lakes.
The Declarant, its successors or assigns hereby grants to the operator of the Wastewater Facility
the perpetual right to discharge water into the infiltration basins located within the subdivision.
ARTICLE V.
Membership and_Voting Rights in the Association
Section 1. Membership. Every person or entity who is an Owner of any Lot which is
subjected by this Declaration to assessment by the Association shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of
any Lot which is subject to Assessment.
Section 2. Board of Directors . Initially, there shall be three (3) members of the Board of
Directors of the Association who shall serve until such time as their successors are duly elected
and agree to serve. The directors shall have annual meetings and other such meetings as may be
called for at the request of the President of the Association, by a majority of the directors, or as
called for in the Bylaws. The foregoing notwithstanding, so long as the Declarant, or its
successors and assigns as Declarant, is the Class B Member, Declarant shall select the Board of
Directors and Declarant may select board members wha are not Owners.
Section 3. Articles of IncoLporation and Bylaws . The Articles of Incorporation of the
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Association and Bylaws of the Association shall be adhered to in the administration and
operation of the Association.
Section 4. Voting Rights . The Association shall have two (2) classes of voting
membership. -
Class A. Class A Members shall be all Owners excepting the Declarant. Class A
Members shall be entitled to one (1) vote for each Lot in which they hold the interest
required for membership by Section 1 above. When more than one person holds such
interest or interests in any Lot, the vote attributable to such Lot shall be exercised as such
persons mutually determine, but in no event shall more than one (1) vote be cast with
respect to any such Lot. When a purchaser of an individual Lot or Lots takes title thereto
from the Declarant, such purchaser automatically becomes a Class A Member.
Class B. The sole Class B Member shall be the Declarant. The Class B Member shall be
entitled to ten (10) votes for each Lot owned. Class B membership shall cease and
become converted to Class A membership upon the happening of the earlier of the
following:
(a) The date on which the Declarant no longer owns any part of the entire
Subdivision, including but not limited to Common Areas, or
(b) Fifteen (15) years from date of recordation of this Declaration; or
(c) At such time as Declarant, in its sole discretion, voluntarily relinquishes
Class B Member status in writing.
From and after the happening of whichever of said events which occurs earlier, the Class
"B" Member shall be deemed to be a Class "A" Member and entitled to one vote for each Lot
owned in the manner provided above. The earliest to occur of (a) (b) or (c) shall be referred to as
the "Turnover Date".
ARTICLE VI.
Property Rights in the Common Area / Miscellaneous Easements
Section 1. Member's Easements of Enioym_ent_. Subject to the provisions of Section 3 of
this Article, every Member shall have a right and easement of enjoyment in and to the Common
Area, and such easement shall be appurtenant to and shall pass with the title to every Lot. This
right and easement shall be for use in common with all other such members, their tenants, guests
and invitees. In the event that Declarant incorporates additional land under the provisions of this
Declaration pursuant to Article X, Section 2 of this Declaration, all Owners of Lots within such
additional phases shall have the same rights and privileges with regard to use of the Common
Area as the Owners of Lots originally made subject to this Declaration.
Section 2. Title to Common Area and/or Open Space . The Declarant hereby covenants
for itself, its successors and assigns, that within fifteen (15) years from the date of recording of
this Declaration, it will convey to the Association, by Quit -Claim Deed, fee simple title to the
Common Area and/or Open Space upon the conditions set forth herein, subject to those rights
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reserved unto to Declarant pursuant to this Declaration and to the provisions of this Declaration.
In lieu of the conveyance provided for herein with regard to the alleys, private lanes,
streets and roads, Declarant, in it's sole discretion, may cause such alleys, private lanes, streets
and roads to be dedicated to any governmental entity, as provided for in Section 3(a) hereof. In
the event the alleys, private lanes, streets and roads are dedicated to a governmental entity,
acceptance of such dedication may be conditioned upon the agreement of the Association that the
Association shall maintain, (at Association's sole cost and expense) any and all landscaping,
shrubbery and the entrance sign to the Subdivision which may be located within the dedicated
areas.
NOTICE IS HEREBY GIVEN THAT THE STREETS AND ROADS INSIDE
SUMMERHOUSE ON EVERETT BAY ARE PRIVATE STREETS AND ROADS AND ARE
NOT TO BE MAINTAINED BY ANY PUBLIC ENTITY. THE; STREETS AND ROADS
SHALL BE PART OF THE COMMON AREA TO BE MAINTAINED BY THE
ASSOCIATION.
Section 3. Extent of Member's Easements. The rights and easements created hereby
shall be subject to the following:
(a) The right of Declarant, and/or of the Association, to dedicate, transfer or convey
all or any part of the Common Area, with or without consideration (and subject to the
condition set out in Section 2 immediately above), to any governmental body, district,
agency or authority, the operator of the Waste Water Facility or to any utility company,
provided that no such dedication, transfer or conveyance shall adversely limit the use of
the Common Area by the Members of the Association;
(b) The right of the Declarant, and/or of the Association, to grant and reserve
easements and rights -of -way for maintenance and inspection of lines and appurtenances
for public or private water, public or private sewer, or waste water system, drainage and
other utilities and services, including, without limitation, a cable (CATV) or community
antenna television system and irrigation or lawn sprinkler systems, and the right of the
Declarant to grant and reserve easements and rights -of -way through, over and upon and
across the Common Area for the completion of the Subdivision, for the operation and
maintenance of the Common Area and perpetual non-exclusive easements for ingress and
egress and utility installation and maintenance to any other property of Declarant
regardless of whether or not made subject to this Declaration;
(c) The right of the Association, as provided in its By -Laws to suspend the enjoyment
rights of any Member in the Common Area (but not access to a Member's Lot) for any
period during which any assessment remains unpaid, and for a period not to exceed thirty
(30) days from any infraction of its published rules and regulations.
(d) The rights of the Association, in accordance with law, its Articles of Incorporation
and By -Laws, to borrow money for the purpose of improving the Common Area and in
pursuance thereof, to mortgage the same.
-�� Section 4_ Maintenance . The Association shall at all times maintain, including paying all
applicable taxes regardless of ownership, all portions of the Common Area and structures
situated on the Common Area, including, but not limited to, Recreational Amenities, in good
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repair, and shall repair or replace as often as necessary, any teased property, any paving,
drainage structures, street lighting fixtures, (if not maintained by utility company) landscaping,
entrance signage, small vessel launch and boat slips (subject to regulatory approval), and other
amenities situated on the Common Area and maintain and keep in a clean condition any lakes,
and ponds which are Common Area. The Association shall also maintain any additional
property, which may include a Lot and the infiltration basins, for which the Association, in its
sole discretion, assumes maintenance responsibly under this Declaration, a Supplemental
Declaration, or a contract, covenant, or agreement which the Association enters into (or which
Declarant enters into on the Association's behalf). The Board of Directors acting by a majority
vote shall order all work to be done and shall pay for all expenses including all electricity
consumed by the lighting located in the Common Area and all other common expenses. All work
pursuant to this Section and all expenses hereunder shall be paid for by such Association through
assessments imposed in accordance with Article VIL Excluded here from shall be paving and
maintenance of individual Lot driveways which shall be maintained by each Owner. Nothing
herein shall be construed as preventing the Association from delegating or transferring its
maintenance obligations to a governmental authority under such terms and conditions as the
Board of Directors may deem in the best interest of the Association.
Section 5. Additional Structures. Neither the Association nor any Owner or any group
of Owners shall, without the prior written approval of Declarant, erect, construct or otherwise
locate any structure or other improvement in the Common Area.
Section 6. Dele atg ion of Use .
(a) Family. The right and easement of enjoyment granted to every Owner in Section l of
this Article may be exercised by members of the Owners' family who occupy the residence of the
Owner within the Subdivision.
(b) Tenants . The right and easement of enjoyment granted to every Owner in Section I
of this Article may be delegated by the Owner to the Owner's tenants who occupy a residence
within the Subdivision,
(c) Guests . Any recreational facilities and other Common Area, may be utilized by
guests of Owners or tenants subject to this Declaration, the By -Laws of the Association and to
the Rules and Regulations of the Association governing said use and as established by its Board
of Directors.
Section 7. Rules and Regulations . The use of the Common Area by an Owner or
Owners, and all other parties authorized to use same, shall be at all times subject to such
reasonable rules and regulations as may be prescribed and established by the Association
governing such use, or which may hereafter by prescribed and established by the Association.
Such Rules and Regulations may be revised from time to time in the sole discretion of the Board
of Directors.
Section 8. Easement for Utilities and Maintenance . The Declarant reserves unto itself,
its successors -.and -assigns a perpctual,_alienab.le_and.reasonable easement_aud.right.of�ngress_ - - -
and egress, over, upon, across and under the Setback areas, and easement areas on each Lot as
shown on the recorded map of the Subdivision and/or as set forth herein and over, upon, across
and under the Common Area for maintenance and/or the erection, maintenance, installation and
18

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(Page 21 of 49)
iraae _.
use of electrical and telephone wires, cables, conduits, sewers, force mains, pumps, water mains
and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas,
sewer, water or other public convenience or utilities, including an easement for privately owned
television and other communications cable and equipment, and for maintenance of ponds and the
installation and maintenance of pumps, fountains or other equipment related to said maintenance.
Declarant may further cut drainways for surface water when such action may appear to the
Declarant to be necessary in order to maintain reasonablc standards of health, safety and
appearance. These easements and rights expressly include the right to cut any trees, bushes or
shrubbery, make any grading of soil, or to take any other similar action reasonably necessary to
provide economical and safe utility or other installations and to maintain reasonable standards of
health, safety and appearance. Declarant further reserves the right to locate wells, pumping;
stations, and tanks on Common Area. It shall not be necessary to obtain the consent of Owners of
Lots adjoining any existing utilities or pump stations. Such rights may be exercised by the
licensee of the Declarant but this reservation shall not be considered an obligation of the
Declarant to provide or maintain any such utility service. No structures or other items, including
walls, fences, paving or planting shall be erected upon any part of the Subdivision which will
interfere with the rights of ingress and egress provided for in this paragraph. Specifically, no
Owner shall erect any structure, including, without limitation, walls, fences or paving within any
areas designated on the Plat of the Subdivision and/or as set forth herein as a "Road Right of
Way", "Utility Easement", "Common Area and/or Open Space", "Drainage Ditch", or "Swale",
nor shall any Owner change the grade of any such easement area, provided however, that
driveways may cross utility and drainage easements at the front the Lots subject to prior approval
of Declarant and that any planting in easement areas shall not interfere with the applicable
easement and shall be limited to grassing and small shrubbery. Each Owner shall keep drainage
ditches and swales located on such Owner's Lot free and unobstructed and in good repair and
shall provide for the installation of such culverts upon such Lot as may be reasonably required
for proper drainage. Declarant may, at its sole option, convey any such drainage easements to an
appropriate governmental entity. The easements referred to in this paragraph are, without
limitation, those shown upon the recorded plat(s) of the Subdivision; as set out in easements of
record; upon the plans of the Subdivision; as set forth herein or which are located on, over or
under the ground.
In addition to the foregoing rights reserved to Declarant, and not in limitation thereof,
Declarant further reserves unto itself, its successors and assigns, a perpetual, alienable
commercial easement and right of ingress and egress over, upon, across and under the Common
Area and all streets and roads within the Subdivision for the purpose of providing drainage and
utility installation, construction, reconstruction, and maintenance to adjacent property now or
hereafter owned by Declarant and for the installation and maintenance of any pipes, drainways or
other installations necessary for the foregoing and further for the installation, maintenance,
repair, replacement and operation of water lines, sewer lines and other utilities which serve or
shall serve property presently owned by Declarant. Declarant, its agents, contractors, servants,
employees and assignees may enter upon the easement areas for the purposes of maintaining,
repairing, replacing and operating such water lines and other utilities and drainage facilities and
for the purpose of installing additional utilities and drainage facilities. Declarant further reserves
unto itself, its successors and assigns, a perpetual, alienable easement and right-of-way over,
under and across those areas designated as "Road Right of Way", "Common Area and/or Open
_Space", "Utilit Easement" ,Drainage Ditches" or "Swales" on the plat of the Subdivision _
referred to in Exhibit "A" hereto for the purpose of providing drainage of the Subdivision and
lands now or hereafter adjacent to the Subdivision or in the vicinity thereof (whether or not a part
of the Subdivision) and for the installation, repair and maintenance of pipes and other facilities
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necessary for such drainage. Declarant, its agents, contractors, servants, employees and
assignees may enter upon any of the easement areas so designated on the recorded plat of the
Subdivision for the purpose of maintaining, repairing, replacing and operating any of the
drainage facilities, pipes, ditches, and drainage areas located thereon. The Owners of Lots on
which such easements are located shall not interfere in any manner with such easements or any
of the facilities located therein or the access thereto. No Owner shall erect any structure or fence
within such easement areas without the prior written consent of Declarant. Declarant, its agents,
employees and assignees shall have no liability for damage which may occur to any structures,
plants, trees, or other items which may be located in such utility and drainage easements and
Declarant shall have no obligation to replace any such structures which may be removed or
damaged due to maintenance, repair or other work performed in such easement areas. Declarant
Further specifically reserves unto itself, its successors and assigns, perpetual, alienable,
commercial easements over and under all Lots along an area S feet in width inside each side
boundary line of each Lot and 10 feet along the front and rear of each Lot for the purpose of
installation, construction, maintenance, repair, replacement, use and operation of utilities and
utility systems of all kinds (including but not limited to water, sewer, electric, and natural gas),
drainage (including but not limited to storm water and surface drainage) , and access. These
easements shall be in addition to, and not in limitation of, any and all other easements reserved
unto the Declarant herein. Declarant further reserves an easement of ingress and egress over and
across all streets and roads of the Subdivision which such easements are and shall be for the
purpose of ingress and egress to any property now owned or hereafter acquired by Declarant, its
successors and assigns whether or not such property is made a part of the Subdivision and
whether or not such property adjoins the Subdivision.
A perpetual easement is hereby granted for the site location of the wastewater treatment
plant and upset basin, including but not limited to, the collection lines, mains, pumps, controls,
electrical equipment, infiltration basins and services and connections, existing and proposed. A
perpetual easement is also hereby granted in, around and upon the wastewater treatment plant,
upset basin and infiltration basins as required by the North Carolina Department of
Environmental and Natural Resources, Division of Water Quality. In addition, a perpetual
easement 10 feet in width centered on collection and force mains for ingress, egress, regress and
access to operate, maintain, repair and or upgrade the collection and force mains is hereby
granted
Section 9. Easements for Association . There is hereby reserved a general right and
easement for the benefit of the Association, its Directors, officers, agents and employees,
including but not limited to, any property manager employed by the Association and any
employees of such manager, to enter upon any Lot or any portion thereof in the performance of
their respective duties. Except in the event of emergencies, this easement is to be exercised only
during normal business hours, whenever practicable.
Section 10 Sales Offices, Rental Offices, Property Management Offices and
Construction Offices . Notwithstanding any provisions or restrictions herein to the contrary,
there is hereby reserved for the benefit of Declarant, its successors and assigns, the perpetual,
alienable and transferable right and easement in and to the Subdivision for the maintenance of
signs, sales offices rental offices, rta operty management offices and construction_ offices,
together with such other facilities as in the sole opinion of Declarant reasonably may be required,
convenient or incidental to the completion, management, rental, improvement and/or sale of Lots
or Common Area. The Declarant also reserves the right to grant to any builder or builders the
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(Page,23 of 49)
right to operate and maintain builder sales offices at any location within the subdivision upon
such terms and conditions as the Declarant in the Declarant's sole discretion may determine.
Section 11. Maintenance Easement . Subject to the other terms of this Declaration, there
is hereby reserved for the benefit of the Declarant, the Association and their respective agents,
employees, successors and assigns an alienable, transferable and perpetual right and easement to
enter upon any unimproved portions of any Lot for the purpose of landscaping, mowing,
removing, clearing, cutting or pruning underbrush, weeds, stumps or other unsightly growth and
removing rubbish and trash, so as to maintain reasonable standards of health, fire safety and
appearance within the Subdivision; provided that such easements shall not impose any duty or
obligation upon the Declarant or the Association to perform any such actions. Furthermore,
there is hereby reserved for the benefit of the Declarant, the Association and their respective
agents, employees, successors and assigns, an alienable, transferable and perpetual right and
easement, but not the obligation, to maintain and/or repair the outer portions of any building, if
the Owner shall fail to maintain such building in keeping with the standards of the Subdivision.
The cost of such maintenance and/or repair shall constitute a special assessment against the Lot
on which the building is located and the Owner of said Lot as provided in Article VII herein.
Section 12. Road Construction Easement . Declarant reserves a temporary construction
easement of twenty-five (25) feet in width along both sides and running parallel to streets and
roads, alleys and private lanes which easements shall expire twenty four (24) months after the
particular road construction commences. Should it be necessary due to terrain and site
conditions, Declarant has at its sole discretion the right to extend the width of the temporary
construction easement.
ARTICLE VII.
Assessments for the Maintenance and Operation of Common Area and Facilities
Section 1. Assessments, Liens and Personal_ Obligations Therefore and Operation
Maintenance of Common Area Solely by the Association.
(a) Each and every Owner of any Lot(s) or within the properties, by acceptance of a
deed therefore, whether or not it shall be so expressed in any such deed or other conveyance,
shall be deemed to covenant and agree, to pay to the Association: (1) annual assessments or
charges; and, (2) special assessments for capital improvements, and (3) individual assessments.
Said assessments to be fixed, established and collected from time to time as hereinafter provided.
The annual and special assessments, together with such interest thereon and costs of collection
thereof as are hereinafter provided shall be a charge on the land and shall be a continuing lien
upon the Lot(s) against which each such assessment is made. Each such assessment, together
with such interest thereon and costs of collection thereof as are hereinafter provided, shall also be
the personal obligation of the Owner of such Lot(s) at the time when the assessment fell due.
(b) The Assessment levied by the Association shall be used exclusively for the _
_
purpose of promoting thehnalth, safety and welfare of'Owners ofEMs�in tthe Subdivision,and in
particular for the improvement and maintenance of the Common Area and, upon determination
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by the Board of Directors, improvements located outside of the Subdivision (including, without
limitation, identification and/or directional signage [including landscaping] either exclusively or
in cooperation with other association or parties) now or herealler designated or existing,
including, but not limited to, the payment of taxes and insurance thereon, and repair, replacement
and additions thereof, the cost of labor, equipment, materials, management and supervision
thereof, the employment of attorneys, accountants, property managers and other professionals to
represent the Association when necessary and such other needs as may arise. In the event that
Declarant performs any of the foregoing services for Association, including, but not limited to,
accounting and bookkeeping services, it shall have the right to receive a reasonable fee therefore
and such shall not be deemed to be a conflict of interest.'
Section 2. Amount and Payment of Annual Assessment The initial annual assessment
payable by each Owner shall be $1,795.00 per Lot per calendar year. Upon the closing of the
initial sale of each Lot by Declarant, the purchaser of each Lot shall pay to the Association the
annual assessment prorated for the current year. The annual assessment may be increased or
decreased by the Board of Directors of the Association without a vote of the membership to an
amount not more than a twenty (209/6) percent difference in the annual assessment for the
previous year. A majority vote of each class of voting members of the Association must approve
an increase or decrease in the yearly assessment if the increase or decrease differs from the
assessment for the previous year by more than twenty (20%) percent. In determining the annual
assessment, the Board of Directors of the Association shall appropriate an amount sufficient to
pay the costs of insuring, maintaining, replacing, protecting and operating the Common Area
and performing the other exterior maintenance required to be performed by the Association
under this Declaration including establishing and maintaining adequate reserves. The Board shall
fix the date of commencement and the amount of the Assessment against each Lot for each
Assessment period (which shall be based on a calendar year), and shall, at that time, prepare a
roster of the Lots and Assessments applicable thereto, which shall be kept in the office of the
Association and shall be open to inspection by any Owner. Written notice of the Assessment
shall thereupon be sent to every Owner subject thereto. In the event that any Lot is subject to an
assessment for only part of a calendar year, then the amount of such assessment shall be prorated
based on the portion of the assessment period for which such Lot is subject to an assessment.
In the event that two Lots are combined for the purpose of providing one building site,
such Owner shall pay an assessment for each of the original lots as if they had not been
combined. Each annual Assessment shall be fully payable in advance on the I st day of January
each year, but the Board of Directors of the Association shall have the option to permit payments
in such installments and at such times as it shall determine. The exact amount of each annual
Assessment shall be fixed by the Board of Directors of the Association,
The Association shall, upon demand at any time, furnish to any Owner liable for any
assessment, a certificate in writing, signed by an officer of the Association or by the Association
Manager, setting forth whether said assessment has been paid. Such certificate shall be in
recordable form and shall be conclusive evidence of payment status of any assessment therein
stated to have been paid.
This Section shall not be amended as provided in Article XIV, Section I l of this
Declaration, to eliminate or substantially impair the obligation to fix the assessment at an amount
sufficient to properly maintain and operate the Common Area and perform the exterior
maintenance•required-to-be•performed-bytheAssociation-under-this'Dectaration.---` ---
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Section 3, Special Assessments for Insurance and Ca ital Improvements . In addition to
the annual assessments, the Association may levy, in any assessment year, a special assessment
applicable to that year only, for the purpose of defraying unanticipated increases in insurance
costs and for unexpected costs associated with the repair or replacement of a described capital
improvement upon the Common Area, including the necessary fixtures and.personal property
related thereto. Provided that any such assessment shall have the assent of at least fifty-one
(51 %) percent of the votes of each class of Members who are voting in person or by proxy at a
meeting duly called for this purpose, written notice of which shall be sent to all Members not less
than thirty (30) days nor more than sixty (60) days in advance of the meeting, The due date of
any specified assessment shall be fixed in the Resolution authorizing such assessment.
Section 4. Individual Assessment. The Association may levy an individual assessment
upon any Owner to cover the costs incurred by the Association due to that Owner's failure to
maintain their Lot and improvements pursuant to the standards set forth in this Declaration, or to
reimburse the Association for any damage to any Common Area property caused by any Owner
or their tenant or invitee, or for any other purpose permitted by this Declaration or any
Supplemental Declaration (the "Individual Assessments"). Individual Assessments shall be due
and payable within thirty (30) days after written notice from the Association.
Section 5. Paid Professional Mana er . The Board of Directors of the Association may
employ a professional manager or managerial firm to supervise all the work, labor, services and
material required in the operation and maintenance of the Common Area and in the discharge of
the Association's duties. The Association and its professional manager or managerial firm shall
have the right to levy, charge, or attempt to collect a service, collection, consulting, or
administration fee from any lot owner.
Section 6. Effect of Non -Payment of Assessment. The Personal Obligation of the
Owner: The Lien. Remedies of Association. If any assessment (or reimbursement under
Article IV Section 2 of this Declaration) is not paid on the date when due, then such assessment
shall be deemed delinquent and shall, together with such interest thereon and cost of collection
thereof as are hereinafter provided, continue as a lien on the Lot(s) which shall bind such Lot(s)
in the hands of the then Owner, his heirs, devisees, personal representatives, successors and
assigns. The personal obligation of the then Owner to pay such assessment or reimbursement,
however, shall remain his personal obligation.
Any assessment not paid within thirty (30) days after the due date shall be subject to such
late charges and shall bear interest at a rate per annum as shall be determined by the Board of
Directors of the Association, with interest rate shall not exceed the highest rate of interest
allowed by law. The initial late charge imposed for late payment of any assessment is $20.00
and shall be charged as to any assessment that is not paid within 30 days of its due date. The
initial interest rate for late payment is 18% per year (1.5%per month) which shall commence to
accrue on any assessment or other account balance that is not paid within thirty (30) days of the
date due. The initial date upon which liens may be filed for failure to make payment of
assessments and other charges is thirty (30) days after the due date. The Board of Directors may
change the initial late charge, interest rate, due dates and lien assessment date by majority vote of
the directors.
In the event the Owner of any lot fails and refuses, after demand by the Association, to
pay any annual or special assessment, then the Association may bring legal action against the
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(Fags 26 of 49) _
then Owner personally obligated to pay the same or may enforce or foreclose the lien against the
Lot(s) in the same manner as a mortgage is foreclosed; and in the event a judgment is obtained,
such judgment shall include interest on the assessment or reimbursement as above provided and
reasonable attorney's fees and late charges together with the costs of the action. The Association
may further file a notice of lien in the public records of Onslow County, North Carolina and
enforce assessment obligations as permitted by law, including without limitation, by filing and
foreclosing a claim of lien in accordance with the procedures set forth in N.C.G.S. §47F-3-116,
and/or by bringing an action at law against the Owner personally obligated to pay the
assessment. Each Owner, by his acceptance of a deed to a Lot, expressly grants to and vests in
the Association or its agents the right and power to bring such action or foreclosure. Foreclosure
may be accomplished in an action brought in the name of the Association in the manner that a
foreclosure of a mortgage or deed of trust would be brought under Chapter 45 of the North
Carolina General Statues, or as otherwise expressly provided by law, and each Owner grants to
the Association a power of sale in connection with any such charge or lien. The Association,
acting on behalf of the Owners, shall have the power to bid on any Lot and to acquire and hold,
lease, mortgage and convey the same. NO OWNER MAY WANE OR OTHERWISE ESCAPE
LIABILITY FOR THE ASSESSMENTS PROVIDED FOR HEREIN BY NON-USE OF THE
COMMON AREA OR ABANDONMENT OF HIS LOT. In accordance with the Association,
by and through its Board of Directors, shall have the authority to compromise and settle claims
for assessments upon a majority vote upon good cause shown.
Section 7. Subordination of the Lien to Mortgages . The lien of the assessments (and
reimbursement) provided for herein shall be subordinate to the lien of any mortgage or
mortgages now or hereafter Olaced upon any Lot held by a commercial or savings bank, trust
company, credit union, industrial loan association, insurance company, pension fund, or business
trust, including but not limited to a real estate investment trust, any other lender regularly
engaged in financing the purchase, construction, or improvement of real estate, or any assignee
of loans made by such lender, or any private or governmental institution or agency which has
insured the loan of any such lender, or any combination of any of the foregoing entities;
provided, however, that a sale or transfer of any Lot pursuant to a decree of foreclosure or
pursuant to any proceeding in lieu of foreclosure, shall not relieve such Lot from liability for any
assessments which thereafter become due, nor form the lien of any subsequent assessment. Said
assessment liens, however, shall be subordinate to the lien of any such mortgage or mortgages
hereafter placed upon the Properties subject to assessment.
Section 8. Exempt Property_. All Common Area subject to this Declaration shall be
exempted from the assessments, charges and liens created herein.
ARTICLE VilI.
Architectural Standards and Control
The Board of Directors shall have the authority and standing, on behalf of the
Association, to enforce in courts of competent jurisdiction decisions of the Committee
established in Section I of this Article VIII. This Article may not be amended without the
D.eclarant'.s written.consent,_so_long as the Declarant owns any land subject to this Declaration or
subject to annexation to this Declaration.
No construction, which term shall include, without limitation, staking, clearing,
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(page 27i of 49)
excavation, grading, and other site work, and no plantings or removal of plants, trees, or shrubs
shall take place except in strict compliance with this Article, until the requirements hereof have
been fully met and until the written approval of the Architectural Review Committee has been
obtained.
Section 1. Architectural Review Committee The Architectural Review Committee
(ARC) shall have exclusive jurisdiction over all construction on any portion of the Properties,
including but not limited to the authority to review and approve all proposed Site Plans showing
where improvements are to be erected. The ARC shall prepare and, on behalf of the Board of
Directors, shall promulgate Architectural Review Guidelines ("Guidelines") which include the
Application for Preliminary Architectural Review, the Application for Final Architectural
Review, Summerhouse on Everett Bay Guidelines Pattern Book, Summerhouse on Everett Bay
Approved Plant List and such other Rules and Regulations as the ARC deems necessary. The
Guidelines, Pattern Book, Plant List, Review Process and Rules and Regulations shall be those
of the Association, and the ARC shall have sole and full authority to prepare and to amend in its
sole discretion these documents. It shall make them available to Owners, builders, and
developers who seek to engage in development of or construction upon all or any portion of the
Subdivision and who shall conduct their operations strictly in accordance therewith. As long as
Declarant owns any Lots which are subject to this Declaration or retains the right to add
additional phases, the Declarant retains the right to appoint all members of the ARC, which shall
consist of at least three (3), but no more than five (5) persons. The members of the ARC do not
have to be Owners. There shall be no surrender of this right prior to that time except in a written
instrument in recordable form executed by Declarant. Upon the expiration of such right, the
Board of Directors shall appoint the members of the ARC. The ARC shall also have exclusive
jurisdiction over modifications, additions, or alterations made on or to existing Lots, Buffer
Areas, Private Open Spaces and Common Areas. The right of approval herein reserved and
granted shall include, without limitation, the right to designate or re -designate which Lot line
shall be the "front" in the case where a Lot is bordered by more than one street.
The ARC shall promulgate detailed standards and procedures governing its area of
responsibility and practice. In addition thereto, the following shall apply: Plans and
specifications showing the nature, kind, shape, color, size, materials and location of such
modifications, additions, or alterations shall be submitted in advance to the ARC for approval as
to quality of workmanship and design and harmony of external design with existing structures,
and as to location in relation to surrounding structures, topography, and finish grade elevation.
No permission or approval shall be required to repaint in accordance with an originally approved
color scheme, or to rebuild in accordance with originally approved plans and specifications.
Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior
of his/her Dwelling or to paint the interior any color desired. In the event the ARC fails to
approve or to disapprove such plans or to request additional information reasonably required
within forty-five (45) calendar days after submission, the plans shall be deemed approved;
provided, however, that no such failure to act shall be deemed an approval of any matters
specifically prohibited by any other provision of this Declaration. Refusal or approval of plans,
specifications, and plot plans or any of them may be based on any grounds, including purely
aesthetic grounds, which, in the sole and uncontrolled discretion of the ARC, may deem
sufficient. The approvals required,purs-uant_to_thisAr isle.shalLbe.in.writing.and.are.imaddilio
to any approvals required by other applicable governmental authority.
Nothing in this Declaration shall be construed to prohibit the ARC from promulgating different
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(Page 28 of 49). ._ 1"Pamc- .
Guidelines and/or Procedures for each Phase or portion thereof of the Properties and the ARC is
specifically authorized to do so. Additionally, all reasonable costs incurred by the ARC in
reviewing and approving applications to the ARC shall be the responsibility of the applicant.
Unless specifically waived by the ARC, all applications and submissions of plans for approval
by the ARC must be accompanied by an Architectural Review Fee of $500.00 or such other sum
as is established by the ARC from time to time_ Optional, preliminary plan approval may be
obtained by submitting plans accompanied by a Preliminary Review Fee of $250.00 or such
other sum as is established by the ARC from time to time. See Architectural Guidelines.
Actual construction of Dwellings and other improvements shall be the responsibility of the
Owner of the Lot and the Owner's builder. Any permission granted for construction under this
covenant and any designation of approved licensed contractors shall not constitute or be
construed as an approval, warranty or guaranty, expressed or implied, by the Declarant or the
ARC or its designated agent of the structural stability, design or quality of any building or other
improvement or of the contractor who constructs such buildings or other improvements.
Section 2. Buildings, Fences, Walls, Etc. No building, fence, wall, deck, trellis, gazebo,
boat house, or other structure, and no change in topography, landscaping, or any other item
originally approved by the ARC, shall be commenced, erected, or maintained upon the
Properties, nor shall any exterior addition to or change be made until the plans and specifications
showing the nature, kind, shape, height, materials, color, and locations of the same shall have
been submitted to and approved in writing as to the harmony of the external design and location
in relation to the surrounding structures and topography by the ARC. Any change in exterior
appearance of any building, wall, fence, or other structural improvements and any change in the
appearance of the landscaping shall be deemed an alteration requiring approval.
Section 3. Docks, viers, landings, wharfs and seawalVbulkheads_. No dock, pier,
landing, wharf, seawall/bulkhead, retaining wall or other structure shall be constructed, placed or
allowed to remain on any body of water, water course or the Intracoastal W atcrway, unless
approved in writing by the Declarant.
Section 4. Corn lianee with Stormwater Mana eg rnent .Acts.. All construction within
Summerhouse on Everett Bay shall comply with Title 15 NCAC 2HA 000, the Coastal
Stonnwater Management Regulation:
(a) Which is intended to ensure ongoing compliance with State Storm Water
Management Permit Number SW$060509, as issued by the Division of Water Quality
under NCAC 2H.I000.
(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. -
(d) The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the Slate ofVfortlr Caiotina, Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plan may not take place without
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( Page 29 ' of 49) --' -
the concurrence of the Divisions of Water Quality.
(0 The maximum allowable built -upon area per lot is:
Lot
Numbers
Vested
Impervious
Area Sq. Ft.
93-277, 624-793 & 796-834
2,800
1-51, 365-397, 522-539, 837-869, 897-926, 977-1029
3,200
52-92, 278-339, 419-505, 567-620, 794 & 795,
835 & 836
3,500
340-364, 39" 1 B. 506-521, 540-566, 621-623
4,000
870-896, 927-976
4,500
(g) Fifling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the development except for average driveway crossings, is strictly prohibited by any
persons.
(h) Each lot will maintain a 30' wide vegetated buffer between impervious areas and
surface waters.
(i) All roof drains shall terminate at least 30' from the mean high water mark of surface
waters.
0) Filling in, piping or altering any designated curb outlet swale associated with the
development is prohibited by any person.
Section 5. Compliance with Wetland & Buffer Regulations.
In accordance with Title 15ANCAC2H.500, it has been determined that "A portion of lot
numbers 12,13, 61-73, 75-79,85-87, 89, 93-94,98,99,101-103,105-113, 115-121, 123-130,133-
144,147,148,153-223,250-252,259-262,384-388,404,405,482-485,499,502,515-520, 524-
535;537;538;627-'651,655=658;661=68a,6W-71'0;7T6, 717, 721-738; 747=769;8T2=821 w842, 850-
864, 868-872, 875,876,880, 881, 882-889, 926-929, 934-950, 964, 977-979, 988-991, 999-1029,
located in the Summerhouse on Everett Bay Subdivision, Onslow County, North Carolina as
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(Page 30 � of 49) trace �.
shown on plans prepared by Carolina Engineers, P.A. dated June 13, 2006; meet the
requirements for designation as a wetland, stream or protected stream buffer. Any subsequent
fill or alteration of this area shall conform to the requirements of the state rules adopted by the
State of North Carolina in force at the time of the proposed alteration. The intent of this
provision is to prevent additional wetland, stream or buffer filling or draining, so the property
owner should not assume that a future application for filling or draining would be approved. The
property owner shall report the name of the subdivision in any application pertaining to said
rules. This covenant is intended to ensure continued compliance with all rules adopted by the
State of North Carolina and therefore the State of North Carolina may enforce benefits. This
covenant is to run with the land and shall be binding on all Parties and all persons claiming under
them".
Section 6. CAMA Minor Permit Program. Any structure located on Lots 185-187, 204-
206, 674 and 675 which are located within the 75' buffer located off of the MEAN
HIGH WATER LINE are subject to the CAMA Minor Permit Program.
Section T D-eclarant's right to exercise Architectural Review Authority.
Notwithstanding the above sections, Declarant, in Declarant's sole judgment and discretion,
reserves the right and option to exercise Architectural Review Authority without establishing an
ARC until such time as Declarant relinquishes Class B membership status.
Section 8. Construction Bonds .
(a) Contractor Performance Bond . Prior to commencement of work, builders will be
required to post a Contractor Performance Bond with the ARC in the amount of $1,500.00 or
such other sure as is established by the ARC from time to time, to ensure that the contractor,
during construction, keeps the property in a neat, clean, workmanlike manner and to ensure that
the contractor completes improvements in accordance with the approved plans and
specifications. Should the same not be done at the end of any business day or the end of
construction, as appropriate, some or all of the bond may be used to bring the contractor into
compliance with approved plans, and for any necessary site maintenance. Any portion of the
Contractor Performance Bond remaining at the end of construction and issuance of the certificate
of occupancy will be refunded to builder/contractor. See Architectural Guidelines.
(b) Road Bond . Prior to commencement of construction, the Contractor shall submit a
$2,500.00 road bond, or such other sum as is established by the ARC from time to time, to
ensure that streets and curbs in front of subject lot are maintained, throughout the construction
process, in the same good quality condition as they were in when construction began and to
ensure the proper reseeding, and clean-up of right-of-ways and drainage swales for any damage
by contractor and its agents. Any portion of the road bond not applied to necessary repairs will
be refunded at the end of construction. See Architectural Guidelines Article 3.10. -
(e) Section 9. Variances . The ARC may authorize variances from compliance with any
of the architectural provisions of this Declaration or the Architectural Review Guidelines,
including without limitation restrictions upon height, size or placement of structures, or similar
._.-—
restrictions, when circumstances sue as #opograph}i; natural ob"sl:ruc#ions, ha�`]rc slip; ache#ic or
environmental considerations may require. Such variances must be evidenced in writing and
must be signed by at least two (2) members of the ARC and shall be effective upon delivery to
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(Page 31 'of 49)
1.
the Owner- If such variances are granted, no violation of this Declaration shall be deemed to
have occurred with respect to the matter for which the variance was granted. The granting of
such a variance shall not operate to waive any of the terms and provisions of this Declaration or
the Architectural Review Guidelines for any purpose except as to the particular Lot and
improvements and the particular provision covered by the variance, nor shall it affect in any way
the Owner's obligation to comply with all governmental laws and regulations affecting the use of
the Owner's Lot, including but not limited to zoning ordinances and setback requirements
imposed by Onslow County,
Section 10. Diligent Construction. All construction, landscaping or other work which
has been commenced on any Lot must be continued with reasonable diligence to completion and
no partially completed House or other Improvement shall be permitted to exist on any Lot except
during such reasonable time period as is necessary for completion. All construction must be
completed within one (1) year after the date upon which it commenced, unless a longer time is
approved by the Architectural Review Committee. Any damage to the Roadways, curbs or
sidewalks or any part of the Common Area or any utility system caused by an Owner or Owner's
builder or his subcontractors shall be repaired by such responsible Owner. Any builder of
Improvements and his subcontractors on any portion of the Property shall keep such portion of
the Property free of construction debris, in accordance with the construction rules established by
the Architectural Review Committee or, in the absence of such rules, in accordance with
standard construction practices, and shall similarly keep the Lake and contiguous public and
private areas free from any dirt, mud, garbage, trash, or other debris which is occasioned by
construction of Improvements. The Board may levy a Special Individual Assessment against an
Owner's property in the Subdivision to pay for the cost of repairing any damage to Roadways,
curbs or sidewalks or any part of any Roadway, Common Area, or Utility system, to pay for the
cost of cleaning public and private areas, including the Roadways in the Subdivision and to pay
for the cost of the removal of garbage, trash or other debris, which are occasioned by the
activities of an Owner or Owner's builder or his subcontractors during the construction of
Improvements_
Section 11. Flood Zones. Some lots or portions thereof may be located within various
flood zones. Construction must comply with all applicable Federal, State and local laws, rules
and regulations. Flood insurance may be required.
Section 12. Darna a to -any Improvements. Lot Owner agrees to be and remain
responsible for any damage to any of the improvements to the subdivision (including, without
limitation, damage to street paving, curbing, sidewalks, storm drainage, utility lines and any
other improvements) related to or resulting from Lot Owners acts or omissions and/or those of
his contractors or suppliers who work for Lot Owners or make deliveries to the lot on Lot
Owners behalf.
ARTICLE IX.
Exterior Maintenance Reasonable Access and Maintenance of Common Area
Section 1. Exterior Maintenance . The Owner shall maintain the structures and grounds
on each Lot at all times in a neat and attractive manner. Upon the Owner's failure to do so, the
-Declarant, or the Association Baer the termination of�Class B membership status of Declarant)
may, at its option, after giving the Owner ten (10) days written notice sent to his last kno%6
29
Hook 2679. Pane 633. File Nimnber

(Page 32 ! of 49)
- iPaaa c_
address, or to the address of the subject premises, have the grass, weeds, shrubs and vegetation
cut when and as often as the same is necessary in its judgment, and have dead or diseased trees,
shrubs, vegetation or dangerously leaning trees or limbs removed from such Lot, and replaced,
and may have any portion of the Lot resodded or landscaped, all of which shall not be deemed a
trespass, and all expenses of the Association under this provision shall be a lien and charge
against the Lot on which the work is donc and the personal obligation of the then Owner of such
Lot. The Declarant or the Association, and its assigns, may likewise, after giving the owner 10
days written notice sent as aforesaid, enter upon such Lot(s) to remove any trash, debris or
garbagewhich has collected on said Lot(s) without such entrance and removal being deemed a
trespass, all at the expense of the owner of said Lot. Upon the Owner's failure to maintain the
exterior of any structure in good repair and appearance, the Association may, at its option, after
giving the Owner thirty (30) days written notice sent to the Owner's last known address, make
repairs and improve the appearance in a reasonable and workmanlike manner. The cost of any of
the work performed by the Association upon the Owner's failure to do so shall be immediately
due and owing from the Owner of the Lot and shall constitute an assessment against the Lot on
which the work was performed, collectible in a lump sum secured by a lien against the Lot as
herein provided.
Section..2. Access at Reasonable Hours . For the purpose of performing its function
under this or any other Article of the Declaration, and to make necessary surveys in connection
therewith, the Association, by its duly authorized agent and employees, or the Declarant during
the period of development, shall have the right to enter upon any Lot at reasonable hours, on any
day except Sundays and holidays, on reasonable prior notice.
Section 3. Maintenance of Common Area . It shall be the responsibility of the
Association to maintain the Common Area. However, should the Declarant (prior to conveyance
to the Association) or the Association (after the termination of the Class B status of Declarant),
decide to transfer any portion or all of the areas designated or to become, by conveyance,
Common Area to governmental authority, as they have the right to do, such duty to maintain
same shall cease as to that portion so transferred.
Section 4. Removal of Obstructions Debris and Materials . The Association may
remove any obstructions of any nature located within road right-of-ways or other Common Area
including trees and shrubs which, in the opinion of the Association, either might produce a
hazard or might interfere with the maintenance of the roads.
ARTICLE X.
Phased Develo ment
Section 1. Initial Phase . The real property which is, and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration is Located in Onslow County, North Carolina,
and is more particularly described on Exhibit "A" attached hereto and made a part and parcel
hereof.
Section 2. Additional Phases . The Declarant may, at its option, from time to time bring
6ther'tand'underthe provisions"htrieofby'reCdrdittg'a'Supptotncntal'D'eclarati'on('s)'statirig'its' --
intention to so incorporate additional real estate. Declarant may incorporate such additional land
under the provisions hereof in any number of additional phases as it may so desire and may, in
30
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i
f
(Page 33� of 49)
v�7a
its discretion, change the character or nature of such future phases, including but not limited to
changing the architectural theme, building materials, elevations, and minimum square footage
requirements for buildings. Such Supplemental Declaration(s) shall not require the vote or
consent of the Association or any Owner. Any such Supplemental Declaration(s) shall be
effective upon the filing thereof in the public records of Onslow County, North Carolina. Such
Supplemental Declaration shall describe the real property to be brought under the provisions
hereof. Declarant may bring such additional real estate under the terms hereof either in whole or
in part and may do so in multiple phases. Upon the Declarant's election to incorporate additional
real estate hereunder, all of such real estate so incorporated shall be as fully covered hereby as if
a part of the original Subdivision. All property so incorporated shall be subject to all the
declarations, covenants, easements, liens, restrictions and duties as herein contained, together
with such additional restrictions and obligations as Declarant may impose on the land being
submitted to the provisions of this Declaration by such Supplemental Declaration(s).
Declarant shall have the unilateral right to transfer to any other person or entity the said right to
submit additional property to the provisions of this Declaration. Declarant shall have no
obligation to develop any land adjoining the Subdivision in accordance with this Declaration and
may develop same in any manner it may desire and further, Declarant, in the event that it should
decide to develop any additional land located adjacent to the Subdivision, in its sole discretion,
shall have no obligation to make same a part of the Subdivision or subject to this Declaration.
THE DECLARANT SHALL BE UNDER NO OBLIGATION TO DEVELOP ADDITIONAL
PHASES AND NONE OF THE REMAINING PORTION OF THE PROPERTY DESCRIBED
HEREIN SHALL BE DEEMED A PART OF ANY SCHEME OF DEVELOPMENT UNTIL
ACTUALLY BROUGHT UNDER THESE RESTRICTIONS AS HEREIN PROVIDED. THE
RIGHT TO ADD FUTURE PHASES SHALL TERMINATE IS YEARS FOLLOWING THE
DATE OF THIS DECLARATION.
Section 3. Reservation of Additional Easements and Rights _. Declarant reserves for
itself and its successors and assigns as developer (and all conveyances by Declarant to
Association of Common Area shall be deemed to automatically reserve) easements over, under
and across all Common Area for ingress and egress and for construction and completion of
construction and development of future phases including, without limitation, casements for the
installation, construction, reconstruction, repair, maintenance and operation of all utility services-,
said casements to be in addition to and not in lieu of any other rights or easements reserved by
Declarant herein or in any supplement hereto or any other conveyance by or to Declarant or its
predecessors in title.
Section 4. Extension of Roads. Declarant shall have the right, but shall have no
obligation, to extend any street or road now or hereafter within the Subdivision, without seeking
the approval of Association or any other party, for the purpose of serving additional phases of the
Subdivision and/or for serving other parcels of property not included within the Subdivision.
Section S. Voting Rights. As each phase, if any, is added to the Subdivision, the Lots
comprising such additional phase shall be counted for the purpose of voting rights.
Section 6. Identification of Additional Phases. Nothing in this Declaration shall prohibit
Declarant from naming or identifying any Phase or ortions thereof by a name other than
"Summerhouse on Everett Bay" and any such other designation shall in no way prejudice the
rights or obligations under this Declaration of any Owner of any Lot in any such section or
Phase.
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(Page 34 of 49) -
ARTICLE XI.
Rights of Mortgagees
Rights of Mortgagees or Third Parties . Should a mortgagee or third party acquire the
rights of Declarant, by way of foreclosure or otherwise in adjoining or neighboring property
contained within the property contiguous to the property subject to this declaration, as same may
exist from time to time, it shall be allowed full use of all rights, easements, rights -of -way and
utilities contained within the Subdivision for the purpose of serving such adjoining or
neighboring areas. These rights shall also inure to the benefit of Declarant should it retain or be
the Owner of any portion of said property. Any of such parties may elect to bring additional
phases under this Declaration. `
ARTICLE XI1
Insurance and Casualty osses
Section 1. Insurance. Association's Board of Directors, or its duly authorized agent,
shall have the authority to and shall obtain blanket all-risk insurance, if reasonably available, for
all insurable improvements on the Common Areas. If blanket all-risk coverage is not reasonably
available, then, at a minimum, an insurance policy providing fire and extended coverage shall be
obtained. This insurance shall be in an amount (as determined by the insurance underwriter)
sufficient to cover one hundred (1009/6) percent of the replacement cost of any repair or
reconstruction in the event of damage or destruction from any insured hazard.
The Board shall also obtain a public liability policy covering the Common Areas,
Association, and its Members for all damage or injury caused by the negligence of Association
or any of its Members or agents. The public liability policy shall have at least a One Million and
No/l00 ($1,000,000.00) Dollar single person limit as respects bodily injury and property
damage, a Three Million and No/100 ($3,000,000.00) Dollar limit per occurrence, and a Five
Hundred Thousand and No/100 ($500,000.00) Dollar minimum property damage limit.
Premiums for all insurance required under this Section shall be common expenses of the
Association. This policy may contain a reasonable deductible and the amount thereof shall be
added to the face amount of the policy in determining whether the insurance at least equals the
full replacement cost. The deductible shall be a common expense of Association.
Cost of insurance coverage obtained by Association for the Common Area shall be
included in the assessment.
All such insurance coverage obtained by the Board of Directors shall be written in the
name of Association as Trustee for the respective benefited parties, as further identified in (b)
below. Such insurance shall be governed by the provisions hereinafter set forth:
(a) All policies shall be written with a company licensed to do business in North
Carolina which holds a Vest's rating of A or better as is assigned a Cnancia] size category of XI
or larger as established by A. M. Best Company, Inc., if reasonably available, or, if not available,
the most nearly equivalent rating,
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(Page' 35 of 49) .
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(b) All policies on the Common Area shall be for the benefit of Association and
Declarant shall be named as additional insured;
(c) Exclusive authority to adjust losses under policies in force on the Common Areas
obtained by Association shall be vested in Association's Board of Directors;
(d) In no event shall the insurance coverage obtained and maintained by Association's
Board of Directors hereunder be brought into contribution with insurance purchased by
individual Owners; and
(e) Association's Board of Directors shall be required to make every reasonable effort
to secure insurance policies that will provide for the following:
(i) a waiver of subrogation by the insurer as to any claims against
Association's Board of Directors, its manager, and Owners and their respective tenants, servants,
agents, and guests;
(ii) that no policy may be canceled, invalidated, or suspended on account of
the conduct of any director, officer, or employee of Association or its duly authorized manager
without prior demand in writing delivered to Association to cure -the defect and the allowance of
a reasonable time thereafter within which the defect may be cured by Association, its manager,
its Owner, or mortgage;
(iii) that any "other insurance" clause in any policy exclude individual Owner's
policies from consideration; and
(iv) that no policy may be canceled or substantially modified without at least
ten (10) days' prior written notice to Association.
In addition to the other insurance required by this Section, the Board shall obtain, as a
common expense, worker's compensation insurance, if and to the extent necessary, and a fidelity
bond or bonds on directors, officers, employees, and other persons handling or responsible for
the Association's funds. However, no fidelity bond shall be required as long as the Glass B
Member exists. The amount of fidelity coverage shall be determined in the Directors' best
business judgment but may not be less then three (3) months' assessments, plus reserves on hand.
Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without
compensation and may not be canceled or substantially modified without at least ten (10) days'
prior written notice to the Association.
The Association may purchase officers' and directors' liability insurance, if reasonably
available, and the Board of Directors of Association approves the purchase of same. However,
every director and every officer of the Property Owners Association shall be indemnified by
Association against all expenses and liabilities, including attorney's fees, reasonably incurred by
or imposed upon him/her in connection with any proceeding to which he/she may be a party, or
in which he/she may be become involved by reason of his/her being or having been a director or
o tffcer of"Assoct"al'ton, whefhcr or not h A —`he l-s a direc or or o. ►cer at t F1Tme such expenses are
incurred, except in such cases wherein the director or officer is adjudged guilty of willful
misfeasance or malfeasance in the performance of his duties; provided, that in the event of any
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claim for reimbursement or indemnification hereunder based upon a settlement by the director or
officer seeking such reimbursement or indemnification, the indemnification herein shall only
apply if the Board of Directors approves such settlement and reimbursement as being in the best
interest of Association. The foregoing right of indemnification shall be in addition to and not
exclusive of all other rights to which such director or officer may be entitled.
Section 2. Disbursement of Proceeds . Proceeds of insurance policies shall be disbursed
as follows:
(a) If the damage or destruction for which the proceeds are paid is to be repaired or
reconstructed, the proceeds, or such portion thereof as may be recurred for such purpose, shall be
disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds
remaining after defraying such costs of repairs or reconstruction to the Common Area or, in the
event no repair or reconstruction is made, shall be retained by and for the benefit of Association
and placed in a capital improvements account.
(b) If it is determined, as provided in Section 4 of this Article, that the damage or
destruction to the Common Area for which the proceeds are paid shall not be repaired or
reconstructed, such proceeds shall be disbursed to the manner provided for excess proceeds in
Subsection (a) above. However, repair or replacement of the affected Common Area must be
made unless prevented by law or governmental rule or regulation.
Section 3. Damage and_ Destruction.
(a) Immediately after the damage or destruction by fire or other casualty to all or any
part of the Properties covered by insurance written in the name of Association, the Board of
Directors, or its duly authorized agent, shall proceed with the filing and adjustment of all claims
arising under such insurance and obtain reliable and detailed estimates of the cost of repair or
reconstruction of the damaged or destroyed Common Areas. Repair or reconstruction, as used in
this paragraph, means repairing or restoring the Common Areas to substantially the same
condition in which they existed prior to the fire or other casualty.
(b) Any damage or destruction to the Common Area shall be repaired or
reconstructed unless the Voting Members representing at least seventy-five (75%) percent of the
total vote of the Association, shall decide within sixty (60) days after the casualty not to repair or
reconstruct. If for any reason either the amount of the insurance proceeds to be paid as a result
of such damage or destruction, or reliable and detailed estimates of the cost of repair or
reconstruction, or both, are not made available to the Association within said period, then the
period shall be extended until such information shall be made available; provided, however, such
extension shall not exceed sixty (60) additional days. No mortgagee shall have the right to
participate in the determination of whether the Common Area damaged or destroyed shall be
repaired or reconstructed.
(c) In the event that it should be determined in the manner described above that the
damage and destruction shall not be repaired or reconstructed and no alternative improvements
are authorized, then, and in that event, the affected portion of the Common Area shall be restored
to their natural state and maintained by Association in a neat and attractive condition.
Section 4. Repair and Reconstruction. If the damage or destruction for which the
insurance proceeds are paid is to be repaired or reconstructed, and such proceeds are not
_ -
-- sufficietirl di fray,thc'co�t-thered%'the Board of Directors shall, without"the necessiyof a rote
of the Members, levy a special assessment against all Owners in proportion to the number of
Lots owned; provided, if the damage or destruction involves a Lot(s), only Owners of the
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i
affected Lot(s) shall be subject to such assessment. Additional assessments may be made in like
manner at any time during or following the completion of any repair or reconstruction.
ARTICLE XIII
Dispute Resolution and Limitation on Litigation
Section 1. Apacement to Avoid Litigation. The Declarant, the Association, its officers,
directors, and committee members, all Persons subject to this Declaration, any Builder, and any
Person not otherwise subject to this Declaration who agrees to submit to this Article
(collectively, `Bound Parties") agree to encourage the amicable resolution of disputes involving
the Subdivision, without the emotional and financial costs .of litigation. Accordingly, each
Bound Party covenants and agrees that those claims, grievances or disputes described in Section
2 below ("Claims") shall be resolved using the procedures set forth in Section 3 below in lieu of
filing suit in any court.
Section 2. Claims Unless specifically exempted below, all claims, grievances or
disputes arising out of or relating to the interpretation, application or enforcement of the
Governing Documents, or the rights, obligations and duties of any Bound Party under the
Governing Documents or relating to the design or construction of improvements on the
Properties shall be subject to the provisions of Section 3 below.
Notwithstanding the above, unless all parties thereto otherwise agree, the following shall
not be Claims and shall not be subject to the provisions of Section 3 below:
a, any suit by the Association against any Bound Party to enforce the provisions of
Article VII (Assessments for the Maintenance and Operation of Common Area and Facilities);
b. any suit by the Association to obtain a temporary restraining order, or other
mandatory or prohibitive equitable relief, and such other ancillary relief as permitted to enforce
the provisions of Article II (Uses of Properly) or VIII (Architectural Standards and Control);
C. any suit by an Owner to challenge the actions of the Declarant, the Association,
the ARC, or any other committee with respect to the approval or disapproval of plans and
specifications in accordance with Article VIII;
d. any suit by an Owner to challenge the enforcement or application of specific use
restrictions promulgated in accordance with the procedures set forth in Article 1I;
C. any suit in which any indispensable party is not a Bound Party; and
f, any suit which otherwise would be barred by any applicable statute of limitations.
With the consent of all parties thereto, any of the above may be submitted to the
alternative dispute resolution procedures set forth in Section 3 below.
Section 37N! ndatory Procedures .
a. - Notice . Any Bound Party having a Claim ("Claimant") against any other Bound
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Party ("Respondent") (collectively the "Parties") shall notify each Respondent in writing (the
"Notice"), stating plainly and concisely:
1. the nature of the Claim, including the Persons involved and Respondent's
role in the Claim;
the legal basis of the Claim (i.e., the specific authority out of which the
Claim arises);
claimant's proposed remedy; and
4. that Claimant will meet with Respondent to discuss in good faith ways to
resolve the Claim.
b. Negotiation and Mediation .
I. The Parties shall make every reasonable effort to meet in person and
confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing,
accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties
in resolving the dispute by negotiation.
2. If the Parties do not resolve the Claim within 30 days of the date of the
Notice (or within such other period as may be agreed upon by the Parties) ("Termination of
Negotiations"), Claimant shall have 30 additional days to submit the Claim to mediation under
the auspices of any North Carolina dispute resolution center or such other independent agency
providing similar services upon which the Parties mutually agree.
3. If Claimant does not submit the Claim to mediation within 30 days aver
Termination of Negotiations, or does not appear for the mediation, Claimant shall be deemed to
have waived the Claim, and Respondent shall be released and discharged from any and all
liability to Claimant on account of such Claim; provided however, nothing herein shall release 'or
discharge Respondent from any liability to any Person other than the Claimant.
4. Any settlement of the Claim through mediation shall be documented in
writing by the mediator. If the Parties do not settle the Claim within 30 days after submission of
the matter to the mediation process, or within such time as determined by the' mediator, the
mediator shall issue a notice of termination of the mediation proceedings ("Termination of
Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an
impasse and the date that mediation was terminated..
5. Within five days after the Termination of Mediation, the Claimant shall
make a final written settlement demand ("Settlement Demand") to the Respondent and the
Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If
the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the
Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be
deemed to have made a "zero" or "take nothing" Settlement Offer.
Final and Binding Arbitration.
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1. If the Parties do not agree in writing to a settlement of the Claim within 15
days of the Termination of Mediation, the Claimant shall have 15 additional days to submit the
Claim to arbitration in accordance with the Rules of Arbitration of the American Arbitration
Association or such rules as may be required by the agency providing the arbitrator. If not
timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding,
the Claim shall be deemed abandoned, and Respondent shall be released and discharged from
any and all liability to Claimant arising out of such Claim; provided however, nothing herein
shall release or discharge Respondent from any liability to Persons other than the Claimant.
2. This subsection (c) is an agreement to arbitrate and is specifically enforceable
under the applicable arbitration laws of the State of North Carolina. The arbitration award (the
"Award") shall be final and binding, and judgment may be entered upon it in any court of
competent jurisdiction to the fullest extent permitted under the laws of the State of North
Carolina.
Section 4. Allocation of Costs of Resolving Claims .
a. Subject to Section 4(b), each Party shall bear its own costs, including any
attorney's fees incurred, and each Party shall secure equally all charges rendered by the
mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post
Mediation Costs").
b. Any Award which is equal to or more favorable to Claimant than Claimant's
Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such costs to be
borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant
than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation
Costs,
Section 5. Enforcement of Resolution. If the Parties agree to resolve any Claim through
negotiation in accordance with Section 3(b) and any Party thereafter fails to abide by the terms of
the agreement reached through negotiation, or if, following arbitration, any Party, thereafter fails
to comply with the Award, then the other Party may file suit or initiate administrative
proceedings to enforce the agreement or Award without the need to again comply with the
procedures set forth in Section 3. In such event, the Party taking action to enforce the agreement
or Award is entitled to recover from the noncomplying Party (or if more than one noncomplying
Party, from all the Parties pro rats) all costs incurred in enforcing the agreement or Award,
including, without limitation, attorney's fees and court costs.
Section 6. Litigation . No judicial or administrative proceeding with an amount in
controversy exceeding $25,000.00, will be commenced or prosecuted by the Association unless
approved by Members of the Association entitles to vote at a regular or special meeting at which
a quorum is present, duly tailed, in whole or in part, for the purpose of approving the
proceeding. This Section will not apply, however, to actions brought by the Association to
enforce the provisions of this Declaration (including, without Iimitations, the foreclosure of
liens); the imposition and collection of Assessments; proceedings involving challenges to ad
valorem taxation.; counterclaims brought by the Association in proceedings instituted against it;
or -act ions.brought-by-the-Association-to-enforce-written.contracts-w-ith-its-suppliers-and-sery ice
providers. This Section will not be amended unless the amendment is approved by the requisite
percentage of votes of Members of the Association, and pursuant to the same procedures,
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necessary to institute proceedings as provided above. This provision will apply in addition to the
negotiation and arbitration provisions of this Article XIII, if applicable.
Section 7. Miscellaneous Alternative Dispute Resolution Provisions
a. Conflicting Provisions. Any conflict or discrepancy between the terms and
conditions set forth in this Article X111 and any term, condition or procedure of the American
Arbitration Association, or any remedy allowed at law or in equity, the terms, conditions,
procedures and remedies set forth herein will control.
b. TIME IS OF ESSENCE. All periods of time set forth herein or calculated
pursuant to provisions of this Article XIII will be strictly adhered to, TIME BEING OF THE
ESSENCE hereof.
ARTICI-F XiV
General Provisions
Section 1. Time of Essence . It is agreed that time is of the essence with regard to these
restrictions, protective covenants, limitations, and conditions.
Section 2. Enforcement . Subject to the provisions of Article X111 hereof, in the event of
a violation or breach of any of these restrictions by any Owner or agent, or agent of such Owner,
Owners of Lots in the subdivision, or any of them, jointly or severally, Declarant, and/or
Association shall have the right to proceed at law or in equity to compel a compliance to the
terms hereof or to prevent the violation or breach in any such event or to recover damages. In
addition to the foregoing, Declarant, its successors and assigns, shall have the right, but shall be
under no obligation, whenever there shall have been built on any Lot in the subdivision any
structure which is in violation of these restrictions, to enter upon the property where such
violation exits and summarily abate or remove the same at the expense of Owner if, after thirty
(30) days written notice of such violation, it shall not have been corrected by Owner. Any such
entry and abatement or removal shall not be deemed a trespass. The failure to enforce any rights,
reservation, restriction, or condition contained in this Declaration, however, long continued, shall
not be deemed a waiver of the rights to do so hereafter as to the same breach or as to a breach
occurring prior or subsequent thereto and shall not bar or affect its enforcement. Should
Declarant or Association employ counsel to enforce any of the foregoing covenants, condition,
reservations, or restrictions because of a breach of the same, all costs incurred in such
enforcement, including a reasonable fee for Declarant/Association's counsel, shall be paid by
Owner of such Lot or Lots in breach thereof. Any amount assessed hereunder shall constitute a
ken on such Lot and shall be enforceable as herein provided. Failure of Declarant, Association,
or any Owner to enforce any covenant or restriction contained herein shall not be deemed a
waiver of the right to do so thereafter. In addition, the Board of Directors shall have the
authority to enforce the Covenants and Restrictions, including reasonable rules and regulations
as outlined in the By -Laws -
Section 3. Fines, Association Administrative Proceedings Including Hearings
Re ar in�Fines and`Sus ension of services und—erN:-C-G. 47F--n- 'Q 1' or 1-2
_N.C.G.S. §47F-3-107.1. In addition to all other remedies, in the sole discretion of the Board of
Directors of.the Association, a reasonable fine or fines may be imposed upon an Owner for
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failure of an Owner, his family, guests, invitees, Lessees or employees to comply with any
covenant, restriction, rule or regulation, provided notice and hearing procedures set out in
N.C.G.S. are followed. Once imposed, fines shall be treated as an assessment subject to the
provisions for the collection of assessments. The Association may conduct any administrative
proceedings permitted or provided for under the Declaration, the Act or as otherwise provided by
law, including without limitation, the right of the Association, after notice and an opportunity to
be heard, to (1) impose reasonable fines for violations of the Declarations, Bylaws, rules and
regulations of the Association, or (2) to suspend privileges or services provided by the
Association (except rights of access to lots) for reasonable periods for violations of the
Declaration, Bylaws, and rules and regulations of the Association or during any period that
assessments or other amounts due and owing to the Association remain unpaid for a period of
thirty (30) days or longer. Prior to pursuing the imposition of a fine or the suspension of
privileges or services as allowed by the Act and as provided herein, the offending Owner will be
notified and given ten (10) days in which to cure his violation or nonpayment. In the event the
violation or nonpayment is not cured within this ten (10) day period, a hearing shall be held
before an adjudicatory panel appointed by the Board to determine if the offending Owner should
be fined or if privileges or services should be suspended. If the Board fails to appoint an
adjudicatory panel to hear such matters, hearings shall be held before the Board. The offending
Owner charged shall be given notice of the charge, an opportunity to be heard and to present
evidence and notice of the decision. If it is decided that a fine should be imposed, a fine not to
exceed one hundred dollars ($100.00) may be imposed for the violation and without further
hearing, for each day following the fifth day after the decision that the violation occurs;
provided, however, that fines imposed shall be subject to the following minimums:
(i) The fine for the first violation or the first day of any continuing or repetitive
violation shall not be less that $25.00.
(ii) The fine for the second violation or the second day of any continuing or repetitive
violation shall not be less than $50.00'
(iii) The fine for the third violation or the third day and subsequent days of any
continuing or repetitive violation shall not -be less than $100.00.
Fines imposed shall be assessments secured by liens under N.C.G.S. §47-3-116. If it is
decided that a suspension of privileges or services should be imposed, the suspension may be
continued without further hearing until the delinquency is paid if imposed pursuant to §47F-3-
102(11) or until one violation is cured or sixty (60) days, whichever is longer, if imposed
pursuant to §47F-3-102(12).
The Association may institute actions or proceedings permitted by law or the Act to
collect any sums due and owing to it.
Section 4. Responsibility of Declarant. Declarant herein shall not in any way or manner
be liable or responsible for any violation of these restrictions by any person other than itself. In
addition, nothing contained in this Declaration shall be deemed to be a representation by
Declarant with regard to the requirements of any governmental authority and it shall be the duty
of each Owner to comply with any such requirements in addition to the provisions of this
Declaration.
Section 5, Rule Against Perpetuities . In the event that any of the provisions hereunder.
are declared void by a court of competent jurisdiction by reason of the period of time herein
stated for which the same shall be effective, then, in the event, such term shall be reduced to a
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period of time which shall not violate the rule against perpetuities or any other law of the State of
North Carolina, and such provision shall be fully effective for said reduced period of time.
Section 6. Binding Effect . All covenants, conditions, limitations, restrictions,
easements, and affirmative obligations set forth in this Declaration shall be binding on the
Owners of the Lot(s) or Multi -Family Unit(s) and their respective heirs, successors, and assigns,
and run with the land. All rights, easements and agreements reserved by or granted to Declarant
herein shall inure to the benefit of Declarant, its successors and assigns including, without
limitation, the right to develop and submit additional phases. Declarant reserves the right in
addition to all other rights of Declarant, to assign its rights of consent and approval as set out in
this Declaration and any amendment hereto or supplement thereof, to the Association, or any
assignee of Declarant's development rights. At such time as Declarant, its successors and
assigns no longer owns any Lots or property in the Subdivision, any right of approval reserved to
Declarant by this Declaration shall be exercised by the Association.
Section 7. The Project . The term " Summerhouse on Everett Bay", "Project",
"Properties" or any synonymous term shall be deemed to mean the Lots designated as Lots 1
through 1029 on the recorded plats of the Project, together with any common areas designated
as such. No areas lying outside of these Lots, designated areas and streets shall be considered a
part of the project unless and until such area has been submitted to the terms and provisions of
this Declaration in accordance with the terms hereof.
Section 8. Duration . The covenants and restrictions of this Declaration shall run with
and bind the land and shall inure to the benefit of and be enforceable by Declarant, Association,
or Owner of any land subject to this Declaration, and their respective legal representatives, heirs,
successors, and assigns. The covenants and restrictions of this Declaration may be terminated
only by agreement of Owners to which at least ninety percent (90%) of the votes in the
Association are allocated..
Section 9. Notice . Any notice required to be sent to any Member or Owner under the
provisions of this Declaration shall be deemed to have been properly sent when personally
delivered or mailed, postpaid, to the last known addiess of the person who appears as Member or
Owner of the records of Association at the time of such mailing.
Section 10. Severability . Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force and effect.
Section 11. Amendment . This Declaration may be amended as provided in N.C,G.S.§
471�-2-117. These covenants, restrictions, easements, charges, and liens of this Declaration may
be amended, changed, added to, derogated, or deleted at any time and from time to time upon
sixty seven percent (67%) vote of the membership in the Association, provided, that so long as
the Declarant is the Owner of any Lot affected by this Declaration, the Declarant's consent must
be obtained. Provided further, that the provisions for voting of Class A and Class B Members as
hereinabove contained in this Declaration shall also be effective in.voting for changes in this
Declaration. No amendment to the Declaration shall be effective until executed on behalf of the
ssociation-byany-officer-designated-for'that7puTpose-and-recorded-in-the,Offtce-ofthe-Register---- of Deeds. I
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(Page 43- of 49) �rayr
Section 12. Amendment Prior to First Conveyance by Declarant. At any time prior to
the closing of the first conveyance of a Lot by Declarant, the Declarant, and any mortgage
holder, if any, may amend this Declaration by mutual consent. The closing of the first sale shall
mean transfer of title and delivery of a deed and not execution of a contract of sale or a like
document.
Section 13. Amendment of Declaration Without Approval of Owners. So long as it
owns any portion of the Subdivision, the Declarant, without the consent or approval of any other
Owner, shall have the right to amend this Declaration:
(a) to conform to the requirements of any law or any governmental agency having
legal jurisdiction or permitting authority over the Subdivision;
(b) to qualify the Subdivision or any Lots and improvements thereon for mortgage or
improvement loans; or
(c) to make amendments which are correctional in nature only and do not involve a
change which materially and adversely affects the rights, duties or obligations herein.
A letter from an official of any such governmental Agency, including without limitation,
the Veterans Administration, the Department of Housing and Urban Development, the Federal
Home Loan Mortgage Corporation, the Governmental National Mortgage Association of the
Federal National Mortgage Association, requesting or suggesting an amendment necessary to
comply with the requirements of such agency shall be sufficient conform to such request or
suggestion. Such amendment shall become effective upon the date of its recordation in the
Office of the Register of Deeds.
Section 14. Amendment to Achieve Tax -Exempt Status. The Declarant, for so long as it
is a Class B Member of the Association, and, thereafter, the Board, may amend this Declaration
as shall be necessary, in its opinion, and without the consent of any Owner, to qualify the
Association or the Property, or any portion thereof, for tax-exempt status. Such amendment shall
become effective upon the date of its recordation in the Office of the Register of Deeds.
Section 15, Changes to Plans for the Subdivision. Nothing contained herein shall be
deemed to incorporate, by reference or otherwise, any plans or proposals promulgated by
Declarant with respect to the development of the Subdivision, and Declarant, subject to the
covenants, conditions and restrictions contained in this Declaration and any Supplemental
Declaration and any Supplemental Declaration, reserves the right to change any plans for the
Project at any time and form time to time as Declarant may determine to be necessary based
upon Declarant's continuing research and design program and/or market conditions. Any plans
for the Project shall not bind Declarant or its successors and assigns to adhere to such plans in
the development of the Property or any pat thereof. In addition, Declarant reserves the right to
change, from time to time, the uses and densities that exist on any portions) of the Property
owned by Declarant, subject to the covenants, conditions and restrictions contained in this
Declaration and any Supplemental Declaration.
Section 16. Assignment of Declarant Rights . Declarant reserves the right to assign its
rights to a successor or assign who also assumes Declarant's responsibilities.
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Section 17. Effective Date . This Declaration shall become effective upon its recordation
in the Office of the Register of Deeds for Onslow County, North Carolina.
Section 18. Plat . Reference to Exhibit A, "plat", "map" or other terra synonymous
therewith shall mean and include Exhibit A as recorded herewith and all subsequent revisions
thereof as and when recorded in the Office of the Register of Deeds for Onslow County, North
Carolina.
Section 19. Access Control — Recreational Amenities. The Association shall have the
right and authority, but not the obligation, to control access to the Common Area and any
Recreational Amenity or any portion thereof by such means as the Board, in its discretion, deems
reasonable and appropriate. This authority shall include, but shall not be limited to, the right to
construct, install, operate, and staff entrance gates; to require identification for admission to the
Common Area and any Recreational Amenity; to videotape or otherwise record and document all
Persons and vehicles entering or exiting the Common Area or any Recreational Amenity; to
screen and/or require registration of vehicles, guests, and others entering the Common Area or
any Recreational Amenity; and to deny entry to the Common Area or any Recreational Amenity
to unauthorized Persons. Unauthorized Persons include Persons other than Owners, residents,
and their guests and invitees; police, fire, and emergency medical personnel in the performance
of their official duties; and Association -authorized agents, contractors and service providers.
Section 20. Safety and Security. The Association, the Board, its directors and officers,
Declarant, and, their respective agents, assigns, or employees shall not be considered insurers or
guarantors of security or safety within Summerhouse on Everett Bay, nor shall any of them be
held liable for any loss or damage by reason of failure to provide adequate security or
ineffectiveness of security or safety measures undertaken. No representation or warranty is made
that any safety measure or security system, including any mechanism, system, or procedure for
limiting access to any portion of Summerhouse on Everett Bay, cannot be compromised or
circumvented, nor that any such systems or measures undertaken will in all cases prevent loss or
provide the detection or protection for which it is designed or intended. Each Owner, resident,
guest, and invitee acknowledges and agrees that the Association, the Board, its directors and
officers, Declarant, and their respective agents, assigns, and employees are not insurers and that
each person using the Community assumes all risks for personal injury and loss or damage to
property resulting from acts of third parties.
Section 21. Recreational Amenities. The use and enjoyment of any recreational facility
involves risk of personal injury or damage to property. Each Owner acknowledges and
understands, and covenants to inform its tenants and all occupants of its Lot, that the
Association, its Board and committees, and Declarant are not insurers of personal safety and that
all such Persons assume all risks of personal injury and loss or damage to property resulting from
the use and enjoyment of any Recreational Amenity the Association operates or maintains.
EACH OWNER (INDEMNITOR) AGREES AND DOES HEREBY
RELEASES AND DISCHARGES THE DECLARANT, THE. ASSOCIATION, THE
BOARD AND ANY COMMITTEES, THEIR SUCCESSORS AND ASSIGNS, AND
ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND THEIR
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(Page 45 of 49)
SUCCESSORS IN OFFICE, EMPLOYEES, ATTORNEYS, DESIGNEES,
REPRESENTATIVES AND AGENTS, HEREINAFTER COLLECTIVELY AND
SEVERALLY REFERRED TO AS "INDEMNITIES" FROM AND AGAINST ALL
LIABILITY FOR, AND ASSUMES THE RISK OF ALL LOSSES, EXPENSES,
LIENS, CLAIMS, DEMANDS, DAMAGES AND CAUSES OF ACTION OF EVERY
KIND AND CHARACTER WHATSOEVER FOR DAMAGE TO THE PROPERTY
OF INDEMNITIES AND INDEMNITIES, LESSEES, TENANTS AND INVITEES
AND FOR THE PERSONAL INJURY TO OR DEATH OF ANY PERSONS
(INCLUDING BUT NOT LIMITED TO INDEMNITOR, ITS OFFICERS,
DIRECTORS, EMPLOYEES, ATTORNEYS, DESIGNEES, REPRESENTATIVES,
TENANTS, SUBCONTRACTORS, SUPPLIERS, INVITEES OR LICENSEES AND
AGENTS OF INDEMNITOR) AND/OR DAMAGE TO ANY PROPERTY
(INCLUDING BUT NOT LIMITED TO PROPERTY BELONGING TO
INDEMNITOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS,
DESIGNEES, REPRESENTATIVES, TENANTS SUBCONTRACTORS, SUPPLIERS,
INVITEES OR LICENSEES AND AGENTS). AND FOR ANY OTHER LIABILITY,
DAMAGES, FINES OR PENALTIES (EXCEPT WHERE REIMBURSEMENT FOR
FINES OR PENALTIES IS PROHIBITED BY APPLICABLE LAW), INCLUDING
COSTS, EXPENSES, PENALTIES AND INTEREST, ATTORNEY FEES AND
SETTLEMENTS HEREINAFTER REFERRED TO COLLECTIVELY AND
SEVERALLY AS "CLAIMS", ARISING OUT OF OR IN ANY WAY CONNECTED
WITH OR RELATING TO THE USE OF ANY RECREATIONAL AMENITY,
INCLUDING THOSE CLAIMS CAUSED BY ANY OR ALL OF THE
INDEMNITIES. THIS INDEMNITY AGREEMENT SHALL INCLUDE CLAIMS
ARISING OUT OF, BROUGHT BY OR CAUSED, IN WHOLE OR IN PART BY
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INDEMNITIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, TENANTS,
SUBCONTRACTORS, SUPPLIERS, INVITEES OR LICENSEES AND AGENTS OF
INDEMNITIES, AND INDEMNITOR EXPRESSLY AGREES TO DEFEND,
INDEMNIFY, REIMBURSE AND HOLD INDEMNITIES, ITS OFFICERS,
DIRECTORS, EMPLOYEES, ATTORNEYS, DESIGNEES, REPRESENTATIVES,
TENANTS, SUBCONTRACTORS, SUPPLIERS, INVITEES OR LICENSEES AND
AGENTS, HARMLESS FROM ALL "CLAIMS" OF ANY KIND OR CHARACTER,
INCLUDING BUT NOT LIMITED TO CLAIMS IN ANY MATTER RESULTINC
FROM, ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY
INDEMNITIES', (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES,
TENANTS, SUBCONTRACTORS, SUPPLIERS, INVITEES OR LICENSEES AND
AGENTS) WILLFUL MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE,
DELIBERATE ACTS, STRICT LIABILITY IN TORT OR BREACH OF
WARRANTY, EXPRESS OR IMPLIED, INCLUDING THAT CAUSED BY ANY OF
THE INDEMNITIES' OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS,
DESIGNEES, REPRESENTATIVES, TENANTS SUBCONTRACTORS, SUPPLIERS,
INVITEES OR LICENSEES AND AGENTS ACTIVITIES, DIRECTLY OR
INDIRECTLY, RELATED TO THIS SUBDIVISION.
THE FOREGOING INDEMNIFICATION SHALL NOT BE APPLICABLE
TOWARD OR ENFORCEABLE IN FAVOR OF ANY INDIVIDUAL INDEMNITEE
FOR _A PARTICULAR CLAIM, INSOFAR AS THAT PARTICULAR CLAIM IS
ADJUDICATED BY A COURT OF COMPETENT JURISDICTION, TO RESULT
THAT INDEMNITEE SEEKING TO ENFORCE THE INDEMNIFICATION, BUT THE
FOREGOING SHALL SPECIFICALLY INCLUDE CLAIMS RESULTING FROM THE
NEGLIGENCE AND/OR CONTRIBUTORY NEGLIGENCE AND/OR CONCURRENT
N EGI,1GENC E.O"N-Y-I NDF,MN.UtES.
44
-• Book 2679. Paae 633. File Number

(Page 47!of 49) irayH
INDEMNITOR AND INDEMNITIES ACKNOWLEDGE THAT THIS
STATEMENT AND THE FOREGOING INDEMNIFICATION UNDER THIS ARTICLE
XIV SECTION 21 COMPLIES WITH THE EXPRESS NEGLIGENCE RULE AND IS
CONSPICUOUS AND HAS BEEN REVIEWED AND APPROVED BY EACH
INDEMNITOR PRIOR TO THE PURCHASE OF A I,OT IN THE SUBDIVISION,
AFTER CONSULTING WITH LEGAL COUNSEL OF THEIR -CHOICE, _PRIOR TO
THE PURCHASE OF THE LOT. THE INDEMNIFICATION ARISING HEREIN
SHALL SURVIVE THE OWNERSHIP OF A LOT IN THIS SUBDIVISION BY
INDEMNITOR.
Declarant or the Association may, but shall not be obligated to, implement or
maintain certain safety measures designed to decrease the chance of injury resulting frosty use of
any Recreational Amenity, provided, neither the Association nor Declarant shall in any way be
considered insurers or guarantors of the safety of any Person using such facilities. In addition,
neither the Association nor Declarant shall be •held liable for any loss or damage by reason of
failure to provide adequate safety measures or ineffectiveness of safety measures undertaken.
No representation or warranty is made that any safety measures undertaken will be undertaken,
or if undertaken, will be effective, nor that any such measures will in all cases prevent any
personal injury or loss or damage to property that the measure is designed or intended to prevent.
Section 22. Changes in Ownership of Lots. Each Owner is required to keep the
Association apprised at all times of the current name of the Owner and its address. Within ten
(10) days following the closing of any transfer of title, the Owner desiring to sell or otherwise
transfer title to its Lot shall give the Board written notice of the name and address of the
purchaser or transferee, the date of such transfer of title, and such other information as the Board
may reasonably require. In addition, within ten (10) days following any change in the name and
address of the Lot Owner, the Owner shall give the Board written notice of the changed
information and such other information as the Board may reasonably require.
Section 23. Exclusive Rights to Use Name of Development. No Person shall use the
name "Summerhouse on Everett Bay" or any derivative of such name or in logo or depiction in
any printed or promotional material without Declarant's prior written consent. The Association
shall be entitled to use the words "Summerhouse on Everett Bay "in its name.
[Signatures on Following Pagel
45
Book 2679. Pave 633. File Number

1 .l
(Page" 48 of 49)
IN WITNESS WHEREOF, The Declarant, R.A. North Development I, Inc., has caused this
instrument to be executed by its proper officers on June 16, 2006.
In the Presence of- R.A. North Development I, Inc. (SEAL)
0z /I
Randolph M. Allen, President
STATE OF NORTH CAROLINA
COUNTY OF
I, /v/14• / c Y J oefz .r u a Notary Public of the county and state
aforesaid, certify that Randolph M. Allen personally appeared before me this day and
acknowledged that he is President of R. A. North Development I, Inc. a North Carolina
corporation, and by authority duly given and as an act of the corporation, the foregoing
instrument was signed in its name by him as President. Witness my hand and official stamp or
seal, this the 16t'' day of June, 2006.
My commission expires: l y/z a i
O;w
Not ublic
46
Book 2679. Paae 633. File Mmiher

L
(Page 49• of 49)
EXHIBIT "A"
Lying and being in Holly Ridge Township, Onslow County North Carolina, and being all of
the numbered lots within Phase I of Summfrhou a on Everett Bay Subdivision as shown on
plats recorded in Book � I , Pages L)-2 '1-27 —} � , Onslow County Registry,
reference to said plats being made for greater certainty of description.
47
Sook 2679, Paae 633. File Number

7RinscrNiics that there err�l(yi� lad
the onslaw County Thz ill ter s a
Parer! identification
This is not a rertifica
snatches this deed de
'fax Collections
I ills reed presented to
The Onslow Co Tax Fflce
DateClerk
or other taxes wMc!k
that am a lien on
,1
`f3'l
llullml111111111111111411111111111111111111111111
Doc ID: 008422870004 Type: CRP
IerlifintivpNasuhet
Recorded: 09/17/2010 at 08:52:03 AM
Fee Amt: $28.00 Page 1 of 4
Revenue Tax: $o.o0
/
Onslow County. NC
Rebecca L. Pollard Reg. of Deeds
We
SK3473PG629-632
Prepared by: James W. Thompson, Attorney at Law, 1207-C Arendell St., Morehead City, NC 28557
NORTH CAROLINA Doc. Stamps,: NONE
CARTERET COUNTY Tax ID # 762-43 and 762-43.1
QUITCLAIM uuDEED
r 1
This Quit Claim Deed is made this I r day of seof e-tl'1 �3'1r , 2010, by and
between R. A. NORTH DEVELOPMENT I, INC., a North Carolina corporation, hereinafter
referred to as the "Grantor"; and SUMMERHOUSE ON EVERETT BAY HOMEOWNERS
ASSOCIATION, INC., a North Carolina corporation, 3129 Springbank Lane, Charlotte, NC '28226,
hereafter referred to as "Grantee".
WITNESSETH:
WHEREAS, Grantor is the developer of Summerhouse on Everett Ban, a single family
residential subdivision located in Onslow County, N.C., which development contains certain areas
defined as "Common Area and/or Open Space" in Article I, Section 1, subparagraph (e) of that
instrument entitled "Declaration of Protective Covenants, Restrictions, Easements, Charges, and
Liens for Summerhouse on Everett Bay", executed on June 16, 2006, and recorded in book 2679,
pages 633-681, Onslow County Registry (hereafter "Declaration"); and,
WHEREAS, such areas appear upon the recorded plats of Summerhouse on Everett Bay in
map book 51, pages 106 and 106A-106M (Phase 1); map book 51, pages 218 and 218A-218K (Phase
In; map book 52, page 157 (Recombination of lots 647 and 648); and map book 51, page 42, Onslow
E-i V Eli
FEB 18 2911

County Registry (hereafter "Plats"); and,
iiPlrr�lnYment, the Crantor cauge
a North Carolina non-profit corporation by the name of Summerhouse on Everett Bay Homeowners
Association, Inc., the Grantee herein, the purposes 'for which are more particularly set forth in the
Declaration, and include maintenance and management responsibility of all of the Common Areas
and/or Open Spaces; and,
WHEREAS, the Declaration contemplates that the Grantor will make a conveyance of the
Common Areas and/or Open Spaces to Association in order for the Association to meet its
responsibilities as set out in the Declaration, and Grantor intends by this instrument to make such
conveyance.
NOW, THEREFORE, in consideration of the mutual benefits received and to be received by
the parties in the Declaration, and for other good and valuable consideration, the Grantor has remised
and released and by these presents does remise, release and forever quitclaim unto the Grantee and its
heirs and assigns all right, title, claim and interest of said Grantor in and to a certain tract or parcel of
land lying and being in Onslow County, North Carolina, and more particularly described as follows:
Being all areas constituting "Common Area and/or Open Space" as defined in Article 1,
Section 1, subparagraph (e) of the Declaration.
Specifically excluded from this conveyance, however, are all decorative anchor base poles and
decorative lighting units lying within or upon the Common Area and/or Open Space which
excluded items, while fixtures, are owned by Janes-Onslow Electric Membership Corporation.
Further, this conveyance is also subject to the superior rights of Jones-Onslow Electric
Membership Corporation pursuant to that contract for street lighting exected between
2

Grantor and said Corporation; and to the 'superior rights of Onslow Water. and Sewer
� 4 �'' t `n ivai lrlSir+umieii entii ed "A sset Purchase Agree.-UeuL i"" ��,
t7iitlifirjL &a %via►n�ii� 1 nri L;iE'
Acquisition of The Wastewater System Assets of R. A. North Development 1, Inc. by Onslow
Water and Sewer Authority",- dated January 2009, as well as the following instruments related
thereto: Non -Warranty Deed from Grantor to Onslow Water and Sewer Authority, dated
January 2009, recorded in book 3177, pages 474-480, Onslow Registry; Bill of Sale of Personal
Property from Grantor to Onslow Water and Sewer Authority, dated January 2009, recorded
in book 3177, pages 481-482, Onslow Registry; and Mutual Consent and Quitclaim between
Summerhouse on Everett Bay Homeowners Association, Inc. and Onslow Water and Sewer
Authority, dated January 2009, recorded in book 3178; pages- 50-53, Onslow Registry.
Further, this conveyance is subject to the Declaration, as well as the several amendments
thereto, identified as First Supplement to Declaration recorded in book 2722, page 338-342;
Second Supplement to Declaration recorded in book 2744, pages 759-762; Third Supplement
to Declaration recorded in book 3087, pages 580-581; and Amendment to Declaration recorded
in book 3177, pages 483-485, all references to Onslow Registry. Further, this conveyance is
subject to all matters and limitations appearing upon the Plats, as well as any and all
easements for utilities or access previously granted by Grantor of record in the Onslow
Registry; and to the rights of the parties as contained in that "Agreement" between Grantor
and Duplin Delta, LLC, dated June 20,2006, recorded in book 2744, pages 723-742, and as
contained in that "Agreement" between Grantor and Xanadu Plantation, LLC, dated October
39 2006, recorded in book 2744, pages 743-758, all references to Onslow Registry. Grantor
reserves all other rights contained in the Declaration and its several referenced amendments,
3

l
which rights are unimpaired by this instrument. Pursuant to N.C.G.S.105-277.8, the property
conveyed -by ibis deed shall nul be abwsJ cd 1011, iaaaciulk Vy 611C v1131vw 4_Uu11Ly L'alllly,
authority.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges thereunto
belonging to it the said Grantee and its heirs and assigns free and discharged from all right, title,
claim, or interest of the said Grantor, or anyone claming by, through, or under them.
In witness whereof, the Grantor has executed its official signature effective for the date first
appearing above.
R. A. NORTH DEVELOPMENT I, INC..
Authorized Corporate Officer
NORTH CAROLINA
UNION COUNTY
1, t n� �� . �uwry c'z- , the dersigned Notary Public in and for the above
named State and County, do hereby certify that personally
appeared before me this day and acknowledged that he is the authorized corporate officer of R. A.
North Development, Inc., and being authorized to do so, executed the foregoing deed on behalf of the
corporation.
Witness my hand and notarial seal, this 1 day of , 2010.
My commission expires: _a D '_,-)-D 13
Notary ubEc
�new.fusner
NOM Pt
Ilnia► U* 20013
MY ��t
11.Storserv1\Law Office\HGM\Summerhouse on Everett Baykluit_claim.deed.alicommonareas.sum.house.hoa.doc
1l

North 6kl inc. Secretary of State
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pi temld=79...
Click here to:
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29822 Raleigh, NC 2762"622 (919)807-20D0
Date: 2/15/2011
View Document Filings j Sign Up for E-Notifications
PC, PLLC, LP and Non -Profit entities are not required to file annual reports.
Corporation Names
Name Name Type
NC SUMMERHOUSE ON EVERETT
BAY HOMEOWNERS LEGAL
ASSOCIATION, INC.
Non -Profit Corporation Information
SOSID:
0851044
Status:
Current -Active
I
Effective Date:
6/14/2006
Dissolution Date:
FEB B 2011
Annual Report Due Date:
13 y'
Citizenship:
DOMESTIC
State of Inc.:
NO
Duration:
PERPETUAL
Registered Agent
Agent Name:
Office Address:
Mailing Address:
Principal Office
MCCORMACK, AMON , JR.
3129 SPRI NGBANK LANE
CHARLOTTE NO 28226
3129 SPRINGBANK LANE
CHARLOTTE NC 28226
Office Address: 3129 SPRI NGBANK LANE
CHARLOTTE NO 28226
Mailing Address: 3129 SPRINGBANK LANE
CHARLOTTE NO 28226
Officers
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
2869
I of 1 2/ 15/201 l 2:57 PM

NORTH CAROLINA
Department of The Secretary.of State
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of
DESIGNATION OF PRINCIPAL OFFICE ADDRESS
OF
SUMMERHOUSE ON EVERETT BAY HOMEOWNERS ASSOCIATION, INC.
the original of which was filed in this office on the 13th day of December, 2010.
RECEIVED
FEB 18 2011
BY:
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 13th day of December, 2010
i�
Secretary of State
Documen0d: C201021400196

------ C201021400196
SOSID: 0851044
Date Filed: 12/13/2010 1:33:00 PM
Elaine F. Marshall
North Carolina Secretary of State
State of North Carolina C201021400196
Department of the Secretary of State
NONPROFIT'CORPORiATII)N'S`DESICNATION-OF-PRINCIPAL: OFFICE ADDRESS"
Pursuant to §55A-16-23(a) of the General Statiaes of North Carolina, the undersigned nonprofit corporation does hereby submit the
following for the purpose of designating its principal office address.
I . The name ofthe corporation is: Summer -iouse on Everett Bay Homeowners Association, Inc. .
2. (Check only if applicable.) ✓ The street address of the principal office is not currently on file with the Secretary of State.
3. (Check only if applicable.) ✓ The m:dling address of the principal office is not currently on file with the Secretary of State
4. The street address and county of the de<ignated principal office of the corporation is:
Number and Street: 3129 Springbank Lain
City, State, Zip Code: Charlotte, North C irclina 28226 County: Mecklenburg
5. The mailing address if different from lice street address of the designated principal office is:
This designation will be effective upon filing; unless a later date and/or time is specified:
Summerhouse on Everett Bay Homeowners Association, inc.
Name o orporaiion
Signature
Amon McCormack- President
Type or Print Name and Title
NOTES:
I, Filing fee is $5. This designation and one exact or conformed copy of it must be tiled with the Secretary of State,
(Revised January 2000) (Form N-i 1)
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622

I, Amon McCormack Jr., do hereby swear that I am the President of the
Summerhouse On Everett Bay Homeowners' Association Inc.
Amon McC ack Jr.
/7Z
Date
UV ti V-12-r 0 0-- , a Notary Public for the State of
North Carolina, County of , do hereby certify that
v
mo N �� ersonally appeared before me this
the �� day of , 2011, and acknowledge the due
execution of the foregoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary SikAture
My commission expires '��r , 20.
one w. TUM
Nolo pmc
Union County, NC
MY
Cpmmiss�on pxplres tune 20, 2013

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Summerhouse on Everett Bay
Stormwater Permit No. SW8 060500 Modification,
Onslow Count .
Designer's Certification
State Stormwater Management Systems
Permit No. SW8 060509 mod
Page 1 of 2
I, C�a an , as a duly registered 6;ar, b nRy- in the State
of North arolina, having been authorized to observe eriodicall eekiy/fult time) the
construction of the project,
SuinnIfrb#j$e on FyereHf
(Project)
for 8, b . Noth peue_T )JAr. ,(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 are a part of this Certification.
Noted deviations from approved plans and specifications:
AL
Signature 41n= IA4 4
Registration Number_ ita909
w . q
DateCLO
AUK 2 � 20t0
Paqe 7 of 8
BY: _%� -

State Stormwater Management Systems
Permit No. SWB 060509 mod
Certification Requirements: Page 2 of 2
CIC4 1. The drainage area to the system contains approximately the permitted acreage.
M2. The drainage area to the system contains no more than the permitted amount of
bull# -upon area.
C_� 3. All the built -upon area associated with the project is graded such that the runoff
drains to the system.
C��j4. 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.
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.
M12. Required draw down devices are correctly sized per the approved plans.
CJ i 13. Ali required design depths are provided.
C-701 14. All required parts of the system are provided, such as a vegetated sheif, a
f r. Deep f ao� 5>,�,rr�, ���� ; a,.,d Y* r16w, 41,C)
i7`5. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DWQ Regional Office
Onslow County Building Inspections
Page 8 of s 2 3 2010
FAUG

t'
CAROLINA
ENGINEERS. PA
CAROLINA ENGINEERS, PA
Geotechnical • Construction Materials • Forensic • Site Development • Surveying
LETTER OF TRANSMITTAL
DATE: 8/20/2010 JOB NO: TBD
TO: NCDENR Express Permitting - NC Division of Water Quality
127 Cardinal Drive Ext. _
Wilmington, NC 28405
AL(`, 2 3 2010
FROM: Carl Huddle, PE - President
BY:
ATTN: Ms. Mary Jean Naugle
REF: Summerhouse on Everett Bay Permit No. SW8 060509
Completed Designer's Certification
WE ARE X Attached Prints
SENDING: Drawings Samples
Specifications Test Reports
Separately Plans
Change Order X Copy of Certification
COPIES_
DATE
NUMBER
DESCRIPTION
1
8/17/2010
NIA
Completed Designer's Certification
X
For Approval
For Your Use
Approved as Noted
As Requested
For Bids Due by: _
Other:
Approved as Submitted
Returned for Corrections
For Distribution
For Review and Comment
REMARKS: Mary, give me a call or send email, if you have any questions.
AIR
v
Carl
AASHTQ RIB
PO Box 1595, New Bern, NC 28563, Tele: [phone], Fax: [phone], www.Garolinaengineers.com