SW7130802_HISTORICAL FILE_20210125

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 1 �
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
C�&
YYYYM M D D

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
Mulehide, LLC
Attention: Brian McDonald,
701 W. Fresh Pond Drive
Kill Devil Hills. NC 27948
Dear Mr. McDonald:
NORTH CAROLINA
Environmental Quality
January 25, 2021
Member Manager
Subject: Stormwater Permit Renewal
Stormwater Management Permit SW7130802
Ocean Commerce Park Addition
Dare County
Wot�LQ
A Division of Energy, Mineral, and Land Resources file review has determined that
Stormwater Permit SW7130802 for a stormwater treatment system consisting of two
interconnected infiltration basins and permeable pavement serving Ocean Commerce
Park Addition located at 2004 S. Croatan Hwy Kill Devil Hills, NC expires on September
23, 2021. This is a reminder that permit renewal applications are due 180 days prior to
expiration. We do not have a record of receiving a renewal application.
Please submit a completed permit renewal application along with a $505.00 fee for
permit renewal Permit application forms for renewal can be found on our website at:
https•//de nc.g-ov/about/divisions/energy-mineral-land-resources nergy-mineral-land-
rules/stormwater-}�rogram/post-construction. North Carolina General Statutes and the
Coastal Stormwater rules require that this property be covered under a stormwater
permit. Failure to maintain a permit subjects the owner to assessment of civil penalties.
If you have questions, please feel free to contact me at [phone]. 1 will be glad to
discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the
application form. You can request a copy by e-mailing me at ro-ger.thorpeencdenr.gov.
Sincerely,
Roger K. Thorpe
Environmental Engineer
�tt North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
J/ Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
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NEW Website: http://portal.ncdenr.org/web/wq/ws/su
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law -and
therefore may be disclosed to third parties.
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East Carolina Pool & Spa
252-672-8788
chris(aDhavelockpoolandspa.com
Chris Hamilton
Vice President
Havelock Pool & Spa
252-463-3731
East Carolina Pool & Spa
252-672-8788
chris(a-)havelockpoolandspa.com
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Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
July 31, 2013
Samir Dumpor
NCDENR
Division of Water Quality
943 Washington Square Mall
Washington, North Carolina 27889
RECEIVE®
AUG 5 2013
Re: Stormwater Management Plan (High Density Application)
Ocean Commerce Park Addition
Kill Devil Hills, Dare County, NC
Mr. Dumpor,
P.O. Drawer 870
Kitty Hawk NC 27949
Phone: [phone]
Fax: [phone]
Web: cuible.com
On behalf of Thomas G. Haddon, IV, Quible & Associates, P.C. hereby submits for review and
approval a High Density Stormwater Management Permit Application package for the above
referenced proposed project in Kill Devil Hills, Dare County. This new Permit Application is to
replace the previously approved Permit No. SW7980429 dated July 8, 1998 that was designed
for a site plan addition that was never constructed. The enclosed narrative will explain in detail
the stormwater management of this site.
The following items are included and shall be considered part of this submittal package:
1. Review Fee Check for $505.00;
2. Two (2) copies of the Stormwater Management Permit Application Form w/ one (1) copy
of the Infiltration Basin Supplement;
3. One (1) copy of the Operation & Maintenance Agreement for the infiltration basin;
4. Purchase Agreement;
5. Stormwater Management Plan Narrative;
6. Drainage Area Exhibit;
7. USGS quad excerpt with property identified;
8. Signed and Sealed Stormwater Calculations;
9. Soils Report;
10. Property Deed;
11. Rainfall Data;
12. Stream Classification;
13. Previously approved Stormwater Permit dated July 8, 1998;
14. Two (2) copies of the Plan Set.

'1

,Y
Please do not hesitate to contact me by email at [e-mail] or by phone at (252)
261-3300 should you have any questions and/or concerns.
Thank you for your attention to this project.
Sincerely,
Quible & Associates, P.C.
Michael . Strader, Jr., P.E.
Encl: As stated
Cc: Thomas G. Haddon, IV
File

QUIBLE & ASSOCIATES, P.C.
8 Juniper Trail
P.O. Drawer 870
KITTY HAWK, NC 27949
[phone] FAX [phone]
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qH3 WiRSH IN(�h-olU �Sau�ARE !^4/`iLC
Ir�►a�+HI-�P�-ro,J � NC. Z�88i
WE ARE SENDING YOU Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints
❑ Copy of letter ❑ Change order
❑ Plans
ILMUTE13 OIF 4 E o MLn ]044GQL
DATE
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JOB NO.
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ATTENTION
RE:
❑ Samples
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
.V As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FORBIDS DUE ❑
REMARKS
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
PRINTS RETURNED AFTER LOAN TO US
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COPY TO TA OM06
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IV
SIGNED:
If enclosures are not as noted, kindly notify us"af once

101
Project Name: Ocean Commerce Park Addition
Contact Person: Michael W. Strader, Jr., P.E. (Quible & Associates, P.C.)
Phone Number: 252-261-3300
Date: 9/16/13
Drainage Area: 1
Stormwater Separation Variance Request
The following bulletins demonstrate the reasons for requesting a stormwater separation
variance for Ocean Commerce Park Addition located in Kill Devil Hills, NC. The NCDENR
Regulations require a minimum of two (2) feet of separation between the bottom of the BMP and
the Seasonal High Water Table (SHWT). This project proposes a one (1) foot separation
reduction. Below are reasons explaining why this request will not adversely affect our
stormwater runoff storage:
• There is existing coverage that is to be demolished on 701 W. Fresh Pond Dr. including
a building, asphalt drive and parking. None of this area was credited when calculating
impervious coverage meaning the storage calculations account for all proposed
impervious surfaces with no credits. If credits were given for the existing coverage, a
considerable amount of new impervious coverage could be exempt for the storage
calculations.
• This project is within 5 miles of First Flight Airport located in Kill Devil Hills, NC. Not
allowing this variance would require the use of a stormwater pond that promotes
standing water attracting hazardous wildlife in close proximity of an airport.
• The soil void space storage between the bottom of the infiltration basins and SHWT do
not account for additional storage. In addition, no storage volume from within the
permeable pavement section is credited. This would add up to be a considerable
amount of extra storage.
• The total above grade storage rainfall equivalent is a 2.64 inch storm. This is well above
the required 1.5 inch storm.
OUIBLE & ASSOCIATES, P.C.
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING
WWW.QUIBLE.COM

Stormwater Management Narrative
Ocean Commerce Park Addition
July 30, 2013
General
The following Narrative will detail the stormwater mE
Addition located in Kill Devil Hills, Dare County, NC.
CARO//- 0 D
�• 'ESS/
=_'Qr SEAL 7:9
037813
ent plan r Ocean Commerce Park
The existing site consists of two (2) parcels intended for recombination to create one (1) single
parcel. The first parcel has a street address of 701 W. Fresh Pond Dr. and currently has a
commercial building (3,09�6 sq.ft. and associated drive and parking with very little vegetation.
This property fronts t e southern side of W. Fresh Pond Dr. The closest intersection to this
parcel is Fresh Pond Dr. and S. Croatan Hwy approximately 1,600 feet to the east. The second
parcel has a street address of 2004 S. Croatan Hwy and currently has a 20 unit commercial
building (36,000 sq.ft.) and associated drive and parking on a large portion of the parcel and the
rest of a 'parcel is heavily vegetated. This property fronts the western side of S. Croatan Hwy
(US 158). The closest intersection to this parcel is Fresh Pond Dr. and S. Croatan Hwy
approximately 150 feet to the north.
The purchaser of these parcels proposes to recombine the two parcels into a single property
and construct an additional commercial building (14,400 sq.ft.) on the remaining portion of the
latter lot. To adhere to the Town of Kill Devil Hills coverage limits, the existing improvements on
the first parcel (701 W. Fresh Pond Dr.) will be removed.
The proposed commercial building addition will have 2 (two) 1800 sq.ft. warehouse units, one
(1) 3,600 sq.ft. office with upstairs warehouse unit and one (1) 7,200 sq.ft.
warehouse/fabrication unit. This proposed addition will contain all associated infrastructure,
including water, septic, stormwater, and electrical utilities.
The proposed stormwater management method to serve the facility will consist of a dry
infiltration basin that will provide temporary runoff storage volumes in accordance with the Town
of Kill Devil Hills and NCDENR requirements.
The following narrative sections along with stormwater calculations located in the Appendix of
this narrative will detail the parameters of the stormwater management plan and demonstrate
compliance with Town and State stormwater management requirements.
Summary of Existing Conditions
The recombined subject parcel is 4.55 acres with access to W. Fresh Pond Dr. and S. Croatan
Hwy. The existing non -develop—edpor'Uon oTtTie lot is heavily vegetated with trees and shrubs.
Interior portions of the property are generally flat with slopes less than 2% and an approximate
average ground elevation of 11.5'. As previously mentioned, the second parcel (2004 S.
Croatan Hwy.) has an existing 20 unit commercial building with associated infrastructure
including water, septic, stormwater, and electrical utilities.
��IVED
AUG 5 2013
OUIBLE & ASSOCIATES, P.C.
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING WWW.QUIBLE.COM
.d „ ��V�� 0

Stormwater Management Narrative
Ocean Commerce Park Addition
July 30, 2013
Summary of Proposed Conditions
As previously mentioned, the project proposes to construct an additional four (4) unit
commercial building, parking facilities and all associated infrastructure including water, septic,
stormwater and electrical utilities.
The overall project proposes to construct 34,053 sq.ft. of Built Upon Area (BUA) on the parcel.
Stormwater management improvements will be needed to control the runoff from proposed
impervious surfaces. Runoff from all new impervious surfaces is proposed to be collected and
conveyed to the infiltration basin located on the western portion the site.
Drainage Area 1
Drainage Area 1 (DA1) is the only drainage area for the proposed addition with a total area of
53,028 sq.ft. and 34,053 sq.ft, (64.2%) of BUA. The BUA consists of the proposed building and
the associated parking and drive (asphalt and concrete grid pavers, CGP).
Stormwater draining from impervious areas within DA1 will be conveyed to the infiltration basin
located on the western side of the property.
Collection
Stormwater runoff from the building will be collected via roofdrains and piped to the infiltration
basin. Runoff from the proposed parking and drive will be conveyed via overland sheet flow to
the infiltration basin.
Treatment
The infiltration basin bottom and side slopes will be grassed according to the general seeding
specifications. The runoff will undergo filtration of fine particulates and pollutants by the
vegetation within the basin. The filtration by vegetation is considered the primary method of
treatment. A secondary method of treatment is also available when the stormwater runoff
infiltrates into the subsurface. The soil particles between the basin bottom and the season high
water table (SHWT) will offer additional filtration and/or absorption of particulates and pollutants
prior to reaching the water table.
Storage
For the Town of Kill Devil Hills stormwater permitting requirements, the infiltration basin offers
a portion of storage above the ground surface and a portion of storage within the void spaces
available in the subsurface. The basin has been designed to store in excess of the 4.3" rainfall
event as required by the Town of Kill Devil Hills. The calculated runoff generated by the 4.3"
rainfall event over DA1 is 12,215 cu.ft. The basin has been designed with a storage capacity of
12,576 cf and is equivalent to the 4.43" rainfall event over the drainage area. See stormwater
calculations located in the Appendix of this narrative for a detailed breakdown of stormwater
storage volumes.
For NCDENR stormwater permitting requirements the infiltration basin has been designed with
above grade storage in excess of the 1.5" rainfall event. The calculated runoff generated by the
1.5 rainfall event over DA1 is 4,161 cf. The basin has been designed with a storage capacity
2

Stormwater Management Narrative
Ocean Commerce Park Addition
July 30, 2013
of 7,313 cf and is equivalent to the 2.64" rainfall event over the drainage area. See stormwater
calculations located in the Appendix of this narrative for a detailed breakdown of stormwater
storage volumes.
Disposal
Disposal of runoff from the infiltration basin located in DA1 will occur via infiltration into the
subsurface. Based on the determined soil saturated hydraulic conductivity of 1.55 in/hr, the
basin is calculated to drawdown in 0.32 days.
Calculations
A sealed copy of the Stormwater Calculations is attached with this Narrative.
Conclusions
The proposed stormwater improvements will provide an effective stormwater management
system for the proposed site improvements that complies with both NCDENR's and the Town of
Kill Devil Hills' Regulations.

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Name of Stream
Description
Curr. Class
Date
Basin
Stream Index #
Beach Slue
Entire area of Beach
SA;HQW
04/06/61
Pasquotan
30-22-9
Slue
k
Fresh'Water Lake
Entire Lake
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08/03/92
Pasquotan
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Page 7 of 7
2010-01-30 07:16:47

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
DIVISION OF WATER QUALITY
July 8, 1998
Ocean Commerce Park Center
Attn: Mr. Bill Higham
6214 Higham Drive
Franconia, VA 22310
Dear Mr. Higham:
NCDENR
NoR Cj ouU DFF�EN OF
EwkommE AND NA AL RC URCF
Subject: Permit No. SW7980429
Ocean Commerce Park Center
High Density Stormwater Project
Dare County
The Washington Regional Office received the completed
Stormwater Application for the subject project on April 23, 1998.
Staff review of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7980429 dated July 8, 1998 to Ocean Commerce Park
Center. This permit replaces all previous stormwater
certifications for this project site.
This permit shall be effective from the date of issuance until
July 8, 2008 and shall be subject to the conditions and limitations
as specified therein. Please pay special attention to the
Operation and Maintenance requirements in this permit. Failure to
.establish an adequate system for operation and maintenance of the
stormwater management system will result in future compliance
problems.
If any parts, requirements, or limitations contained in this
permit are unacceptable, you have the right to request. an
adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form
of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and
binding.
943 Washington Square Mail, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An om-1 nn,..., in;n, AFA,mativn Action Emolover

C
Ocean Commerce Park Center
July 8, 1998
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Bill Moore at (919) 946-
6481, extension 264.
Sincerely,
Jim Mulligan
water Quality Regional Supervisor
Washington Regional Office
cc: ✓Quible & Associates
Dare County Inspections
John Parker, DCM-Raleigh
Washington Regional Office
Central Files

State Stormwater Management Systems
Permit No. SW7980429
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL
DIVISION OF WATER QUALITY
ke :.1. a Nd: 61.ISLY B1C
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
Ocean Commerce Park Center
Dare County
FOR THE
construction, operation and maintenance of stormwater management
systems 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 for an
infiltration basin to serve Ocean Commerce Park Center located at
Nags Head, NC.
This permit replaces all previous stormwater certifications for
this project site, and shall be effective from the date of issuance
until July 8, 2008 and shall be subject to the following specified
conditions and limitations:
I. DESIGN
1. This permit is effective only with respect to the nature and
volume of stormwater described in the application and other
supporting data.
2. This stormwater system has been approved for the management of
stormwater runoff as described on page 4 of this permit, the
Project Data Sheet.
3. Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of the
permit.

C
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
DIVISION OF WATER QUALITY
PROJECT DATA
Application Date:
Water Body Receiving Stormwater
Runoff:
Classification of Water Body:
Total Site Area:
Total Impervious
Surfaces Allowed:
Required Storage Volume:
Provided Storage Volume:
Provided Basin Area:
Controlling orifice:
Ocean Commerce Park Center
SW7980429
Dare County
Ocean Commerce Park Center
6214 Higham Drive
Franconia, VA 22310
4/23/98; original
UT -Buzzard Bay
SC
4.33 acres
2.81 acres
10,176 cubic feet
(based on 1-inch)
11,114 cubic feet
2589 sf
all runoff is routed to the
infiltration basin; overflow
elevation set at 11.0 ft
4

4. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division.
5. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built -upon
area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions
to the project should require a modification to the permit.
6. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the
permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director
for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have
been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for
construction and maintenance of the stormwater management
system.
a. The stormwater management system shall be constructed in
its entirety, vegetated and operational for its intended
use prior to the construction of any built -upon surfaces
except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the system will be repaired
immediately.
2. The facilities must be properly maintained and operated at all
times. The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the
scheduled intervals.
3. The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater
system functions at optimum efficiency including, but not
limited to:
9

a. Semiannual scheduled inspections (every 6 months)
b. Sediment removal
C. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved
plans and specifications
f. Debris removal and unclogging of outlet structure,
orifice device and catch basins and piping.
4. Records of maintenance activities must be kept and made
available upon request to authorized personnel of DWQ. The
records will indicate the date, activity, name of person
performing the work and what actions were taken.
5. This permit shall become voidable unless the facilities are
constructed in accordance with the conditions of this permit,
the approved plans and specifications, and other supporting
data.
6. Upon completion of construction and prior to operation of this
permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that
the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other
supporting documentation. Mail the Certification to the
Washington Regional Office, 943 Washington Square Mall,
Washington, North Carolina, 27889, attention Division of Water
Quality.
7. A copy of the approved plans and specifications shall be
maintained on file by the Permittee for a minimum of five
years from the date of the completion of construction.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a
desire for the facilities to change ownership, or there is a
name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an
application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and
may or may not be approved.
2. Failure to abide by the conditions and limitations contained
in this permit may subject the Permittee to enforcement action
by the Division of Water Quality, in accordance with North
Carolina General Statute 143-215.6(a) to 143-215.6(c).
3. The issuance of this permit does not preclude the Permittee
from complying with any and all statutes, rules, regulations,
or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
6

4. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as
the construction of additional or replacement stormwater
management systems.
5. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any
permit condition.
Permit issued this the 8 th day of July, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
y-;�-A. Preston Howard, Jr., P.E., Director
Division of water Quality
By Authority of the Environmental Management Commission
Permit Number SW7980429
7

Ocean Commerce Park Center
Dare County
Stormwater Permit No. SW7980429
Designer's Certification
I,
as a duly
registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically/weekly/full time)
the construction of the project,
for
Project)
(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.
Signature
Registration Number
Date
r-3

APPENDIX C
NC DENR AND THE TOWN OF KILL DEVIL HILLS
STORMWATER CALCULATIONS
�CAROl�
SRO' •.�'L
�2. a SEAL :9
037813
A.
013

Ocean Commerce Park
7/30/13
1of4
NCDENR Stormwater Calculations
Drainage Area 1
Built Upon Area (BUA) Calculations for NCDENR
Drainage Area = 53,028 sf ✓ or 1.22 ac
Open Space 18,975 sf
Impervious Pavement = 18,325 sf
Pervious Pavement = 1,328 sf a (25% of 5,312 sf)
Building = 14,400 sf I/
Total BUA = 34,053 sf or 0.78 ac
Runoff generated by 1.5" Rainfall Event (NCDENR Simplified Method)
la = Impervious Percentage = Impervious Area/Drainage Area
Rv= 0.05+0.91a
Rd= Rd=Rain fall depth
V= 3630*Rd*Rv*A
la = 64.2%
Rv= 0.63
Rd= 1.5 in.
A = 1.22 ac
V= 4161
Total Storage Required by NCDENR = 4161 cf
Above Grade Storage Provided In Infiltration Basin
Elev
Area (sf)
Avg area
(sf)
Volume (cf)
Cum Vol.
(cf)
10.00
5904
0
7313
7313
11.00
8721
7313
Above Grade Storage Provided =
7,313 cf
Total Above Grade Storage Rainfall Equivalent = 2.64 in
IRR E C EulVEL, I
AUG 5 2013
�Q-WAR

7/30/13
2of4
Ocean Commerce Park
NCDENR Stormwater Calculations (Cont.)
Drainage Area 1
Infiltration Basin Drawdown Calculations
Hydraulic Conductivity = 1.55 in/hr (From Soils Report)
Total Stored Depth = 12 in
Drawdown Time = Stored Depth / Hydraulic Conductivity
Drawdown Time = 7.74 hrs or 0.32 days
Maximum Basin Inlet Flow
*Max. basin inlet flow is roof drain. All other inlet flow is via sheet flow to basin.
Max. Basin Inlet Flow = 1712 cf
Total Number of Inlets = 1
Flow Per Inlet = 1712 cf/inlet or 0.47 ac*in per inlet
Peak Flow Calculations
Predevelopment Rataional C
Total Area = 53,028 sf =
1.22 ac
Buildings = 0 sf
C =
0.95
Impervious Pavement = 0 sf
C =
0.95
Pervious Pavement = 0 sf
C =
0.95
Open Space = 53,028 sf
C =
0.15
Overall C
0.15
Postdevelopment Rataional C
Total Area = 53,028 sf =
1.22 ac
Buildings = 14,400 sf
C =
0.95
Impervious Pavement = 18,325
C =
0.95.
Pervious Pavement = 1,328 sf
C =
0.95
Open Space = 18,975 sf
C =
0.15
Overall C
0.66
Pre development lyr, 24hr peak flow
Q = CIA
C =
0.15
1 =
0.139 in/hr
A =
1.22 ac
Q =
0.03 cfs
Post development lyr, 24hr peak flow
Q =
CIA
C =
0.66
1 =
0.139 in/hr
A =
1.22 ac
Q =
0.11 cfs

7/30/13
3of4
Ocean Commerce Park
Town of Kill Devil Hills Stormwater Calculations
Drainage Area 1
Built Upon Area Calculations for The Town of Kill Devil Hills
Drainage Area =
Open Space =
Impervious Pavement =
Pervious Pavements =
Building =
Total BUA =
53,028 sf or 1.22 ac
18,100 sf
18,325 sf
2,125 sf a (40% of 5,312 sf.)
14,478 sf
34,928 sf or 0.80 ac
Runoff generated by 4.3" Rainfall Event (NCDENR Simplified Method)
la = Impervious Percentage = Impervious Area/Drainage Area
Rv= 0.05+0.91a
Rd= Rd=Rain fall depth
V= 3630*Rd*Rv*A
la = 65.9%
Rv= 0.64
Rd= 4.3 in.
A = 1.22 ac
V= 12215
Total Storage Req'd by Town of Kill Devil Hills = 12,215 cf
Above Grade Storage Provided In Infiltration Basin
Elev
Area (sf)
Avg area
(sf)
Volume (cf)
Cum Vol.
(cf)
10.00
5904
0
7313
7313
11.00
8721
7313
9593
4797
11.50
10465
12110
Total Above Grade Storage Provided = 12110 cf

7/30/13
4of4
Ocean Commerce Park
Town of Kill Devil Hills Stormwater Calculations (cont.)
Drainage Area 1
Stormwater Storage Provided
Below Grade Storage Available:
Volume of Soil = (Area of top of basin)*(depth to SWHT) - (above grade storage Vol..)
SWHT= 9 ft-elev..
Volume of Soil = 14,OS3 cf
Volume of Voids = (Volume of top of basin)*(depth to SWHT) - (above grade storage Vol..)
Percent Void Space = 30%
4,216
cf
Rainfall Over Infiltration Basin = 3,750
cf
Total Void Volume Available = 466
cf
Total Storage Available = 12,576 cf
Total Storage Provided = 12,576 cf
Total Storage Required = 12,215 cf
Total Storage Provided Rainfall Equivalent = 4.43 in

Soil Map —Dare County, North Carolina
3
W 5B 42'
35' S9 29'
Nee Seale'.12.980 If pmmd 0n A size(95' x 11') cheal,
y S
N Meters
o ao ea so zao
Feet
0 150 300 600 900
M' 59 47
35' 59' 29'
USDA Natural Resources Web Soil Survey 712Y2013
i Conservation Service National Cooperative Soil Survey Page 1 of 3

Soil Map —Dare County, North Carolina
MAP LEGEND
MAP INFORMATION
Area of interest (AOI)
a Very Stony Spot
Map Scale: 1:2,980 if printed on A size (8.5" : 11") sheet.
Area of Interest (AD[)
V Wet Spot
The soil surveys that comprise your AOI were mapped at 1:24,000,
Solis
Soil Map Units
A Other
blaming: Soil Map may not be valid at this scale.
-
Spacial
Pant Features
Special floe Features
-
'Enlargement of maps beyond the scale of mapping can cause I
Blowout
Ginty
'', misunderstanding of the detail of mapping and accuracy of soil line
�•i
Short Steep Slope
placement. The maps do not show the small areas of contrasting
®
Borrow Ph
soils that could have been shown at a more detailed scale.
... Other
X
clay spot
Political Features
Please rely on the bar scale on each map sheet for accurate map
e
Closed Depression
0 Cities
measurements.
){
Gravel Pit
Water Features
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL: http://websoilsuNey.nres.usda.gov
_.
Gravelly Spot
Streams and Canals
Coordinate System: UTM Zone 18N NA083
®
Landfill
Transportation
This product is generated from the USDA-NRCS certified data as of
A
Lava Flow
Rails
the version date(s) listed below.
,,y,
Marsh or swamp
N Interstate Nghways
Soil Survey Area: Dare County, North Carolina
.1, US Routes
Survey Area Data: Version 13, JuI 3, 2012
St
Mine or Quarry
(D
Miscellaneous Water
Major Roads
Date(s) aerial images were photographed: 8/26/2006
G
Perennial Water
N Local Roads
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
Rock Outcmp
imagery displayed on these maps. As a result, some minor shifting
of map unit boundaries may be evident.
}
Saline Spot
Sandy Spot
Severely Eroded Spot
O
Sinkhole
Slide or Slip
0
Sodic Spot
Spot] Ana
Stony Spot
USDA Natural Resources Web Soil Survey 7/2/2013
Z� Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map —Dare County, North Carolina
Map Unit Legend
Dare County, North Carolina (NCO55)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
CoB
Corolla fine sand, 0 to 6 percent slopes, rarely
flooded
5.3
94.9%
DtA
Duckston fine sand, 0 to 2 percent slopes,
occasionally flooded
0.9
15.1 %
Totals for Area of Interest
6.3
100.0%
USDA Natural Resources Web Soil Survey 7/2/2013
R� Conservation Service National Cooperative Soil Survey Page 3 of 3

Map Unit Description: Corolla fine sand, 0 to 6 percent slopes, rarely flooded —
Dare County, North Carolina
Dare County, North Carolina
CoB—Corolla fine sand, 0 to 6 percent slopes, rarely flooded
Map Unit Setting
Landscape: Barrier islands, coastal plains, esturaries
Elevation: 0 to 10 feet
Mean annual precipitation: 42 to 58 inches
Mean annual air temperature: 61 to 64 degrees F
Frost -free period. 190 to 270 days
Map Unit Composition
Corolla and similar soils: 85 percent
Minor components: 7 percent
Description of Corolla
Setting
Landform: Troughs on barrier islands
Landform position (two-dimensional): Backslope, toeslope
Landform position (three-dimensional): Base slope
Down -slope shape: Concave
Across -slope shape: Concave
Parent material., Eolian sands and/or beach sand
Properties and qualities
Slope: 0 to 6 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Moderately well drained
Capacity of the most limiting layer to transmit water (Ksat): Very high
(19.98 to 39.96 in/hr)
Depth to water table: About 18 to 36 inches
Frequency of flooding: Rare
Frequency of ponding: None
Maximum salinity: Very slightly saline to moderately saline (4.0 to
16.0 mmhos/cm)
Sodium adsorption ratio, maximum: 20.0
Available water capacity: Very low (about 1.2 inches)
Interpretive groups
Farmland classification: Not prime farmland
Land capability (nonirrigated): 7s
Hydrologic Soil Group: A
Typical profile
0 to 3 inches: Fine sand
3 to 26 inches: Fine sand
26 to 32 inches: Sand
32 to 80 inches: Sand
Minor Components
Duckston
Percent of map unit: 5 percent
AUG 5 2013
Q-WAS
USDA Natural Resources Web Soil Survey 7/2/2013
am conservation Service National Cooperative Soil Survey Page 1 of 2

Map Unit Description: Corolla fine sand, 0 to 6 percent slopes, rarely flooded —
Dare County, North Carolina
Landform: Depressions
Down -slope shape: Concave
Across -slope shape: Concave
Carteret, high
Percent of map unit: 2 percent
Landform: Tidal marshes
Down -slope shape: Linear
Across -slope shape: Linear
Data Source Information
Soil Survey Area: Dare County, North Carolina
Survey Area Data: Version 13, Jul 3, 2012
Natural Resources Web Soil Survey 7/2/2013
Conservation service National Cooperative Soil Survey Page 2 of 2

Map Unit Description: Duckston fine sand, 0 to 2 percent slopes, occasionally
flooded —Dare County, North Carolina
Dare County, North Carolina
DtA—Duckston fine sand, 0 to 2 percent slopes, occasionally
flooded
Map Unit Setting
Landscape: Barrier islands
Elevation: 0 to 10 feet
Mean annual precipitation: 42 to 58 inches
Mean annual air temperature: 61 to 64 degrees F
Frost -free period. 190 to 270 days
Map Unit Composition
Duckston and similar soils: 90 percent
Description of Duckston
Setting
Landform: Depressions
Down -slope shape: Concave
Across -slope shape: Concave
Parent material: Eolian sands and/or beach sand
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Poorly drained
Capacity of the most limiting layer to transmit water (Ksat): Very high
(19.98 to 39.96 in/hr)
Depth to water table: About 0 to 6 inches
Frequency of flooding: Occasional
Frequency of ponding: None
Maximum salinity: Slightly saline to moderately saline (8.0 to 16.0
mmhos/cm)
Sodium adsorption ratio, maximum: 20.0
Available water capacity., Very low (about 3.0 inches)
Interpretive groups
Farmland classification: Not prime farmland
Land capability (nonirrigated): 7w
Hydrologic Soil Group: A/D
Typical profile
0 to 8 inches: Fine sand
8 to 13 inches: Sand
13 to 17 inches: Sand
17 to 80 inches: Sand
Data Source Information
Soil Survey Area: Dare County, North Carolina
Survey Area Data: Version 13, Jul 3, 2012
AUG 5 2013
Natural Resources Web Soil Survey 7/2/2013
Conservation Service National Cooperative Soil Survey Page 1 of 1

MEMORANDUM
To: Dylan Tillet, E.I.
From: Warren D. Eadus, P.G.
Date: July 12, 2013
Re: Ocean Commerce Park, Kill Devil Hills
4 ( i O u ble SINCE 1959��-v
& Associates, P.C.
ENGINEERING a CONSULTING a PLANNING
ENVIRONMENTAL SCIENCES • SURVEYING
Phone: [phone]
Fax: [phone]
Web: www.qu[ble.com
AUG 5 2013
As discussed, I performed a falling head slug test at the above address in the general location of the
stormwater pond at an estimated elevation of 11.5 feet. Depth to Seasonal High Water Table is
estimated to be 30 inches below ground surface (bgs). Saturation was encountered at a depth of
approximately 32 inches bgs, which is in general accord with recent rainfall (recent and frequent)at
the time of the boring.
A falling head slug test was performed using a Global Logger Transducer. Data from the test was
downloaded and used to perform a falling head slug test analysis (Agtesoly) for unconfined aquifers
using the Bouwer-Rice Method. Based on the analysis, saturated hydraulic conductivity in the area
of the stormwater pond can be expected to be approximately 0.002158 a-3 feet per minute or 1.55
inches per hour.
Two additional borings were installed as requested in the general locations depicted on the attached
map (provided by you). Soils at the site are consistently Brown to Yellow Brown (7.5 YR 6/3 to 7.5
YR 5/4) fine sands to depths of at least five feet. SHWT was determined based on oxidation and a
subtle color change (7.5 YR 6/6 with 1 OR 3/6 staining) noted in all three borings performed at a depth
of 30 inches. Please view the attached curve matching graph and associated data foradditional
details and do not hesitate to forward any questions to my attention.

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0.1
0.01
w
1. 2. 3. 4. 5.
Time (min)
WELL TEST ANALYSIS
Data Set: Q:\2013\P13060\Documents\Stormwater\Slug Test\Basin MW-1.agt
Date: 07/12/13 Time: 09:38:41
PROJECT INFORMATION
Company: Quible & Associates, P.C.
Client: Quible
Project: 13060
Location: Fresh Pond OCP
Test Well: MW1
Test Date: 07/11 /13
VtZ60 1-j
►4'1, ZW-CN
r (sw A-G
C,� Soi
�vtti 1901-9
k/ = (O.no2iS,
—F (
= 1. 114
AQUIFER DATA I
Saturated Thickness: 25_ ft Anisotropy Ratio (Kz/Kr): 1.
WELL DATA (New Well)
Initial Displacement: 0.73 ft Static Water Column Height: 25. ft
Total Well Penetration Depth: 5_5 ft Screen Length: 5_ ft
Casing Radius: 0.083 ft Well Radius: 0.167 ft
4Zr11 I Mr)N
Aquifer Model: Unconfined Solution Method: Bouwer-Rice

AQTESOLV for Windows
Data Set: Q:\2013\Pl3O6O\Documents\Stormwater\SlugTest\BasinMW-l.aqt
Date: 07/12/13
Time: 09:38:50
PROJECT INFORMATION
Company: Quible & Associates, P.C.
Client: Quible
Project: 13060
Location: Fresh Pond OCP
Test Date: 07/11/13
Test Well: MW1
AQUIFER DATA
Saturated Thickness: 25. ft
Anisotropy Ratio (K7/Kr): 1.
SLUG TEST WELL DATA
Test Well: New Well
X Location: 0. ft
Y Location: 0. ft
Initial Displacement: 0.73 ft
Static Water Column Height: 25. ft
Casing Radius: 0.083 ft
Well Radius: 0.167 ft
Well Skin Radius: 0.167 ft
Screen Length: 5. ft
Total Well Penetration Depth: 5.5 ft
No. of Observations: 259
Observation Data
Time min
Displacement (ft)
Time min
Displacement (ft)
0.01667
0.002
2.183
0.022
0.03333
0.002
2.2
0.022
0.05
0.002
2.217
0.022
0.06667
0.002
2.233
0.032
0.08333
0.002
2.25
0.022
0.1
0.002
2.267
0.022
0.1167
0.002
2.283
0.022
0.1333
0.002
2.3
0.022
0.15
0.002
2.317
0.022
0.1667
0.002
2.333
0.022
0.1833
-0.418
2.35
0.022
0.2
0.732
2.367
0.022
0.2167
0.642
2.383
0.022
0.2333
0.572
2.4
0.022
0.25
0.512
2.417
0.022
0.2667
0.452
2.433
0.022
0.2833
0.402
2.45
0.022
0.3
0.362
2.467
0.022
0.3167
0.312
2.483
0.022
0.3333
0.292
2.5
0.022
07/12/13 1 09:38:50

AQTESOLV for Windows
Time min
Displacement (ft)
Time min
Displacement (ft)
0.35
0.252
2.517
0.022
0.3667
0.232
2.533
0.022
0.3833
0.202
2.55
0.022
0.4
0.182
2.567
0.022
0.4167
0.162
2.583
0.022
0.4333
0.152
2.6
0.022
0.45
0.132
2.617
0.022
0.4667
0.122
2.633
0.022
0.4833
0.112
2.65
0.022
0.5
0.102
2.667
0.022
0.5167
0.092
2.683
0.022
0.5333
0.082
2.7
0.022
0.55
0.072
2.717
0.022
0.5667
0.072
2.733
0.022
0.5833
0.062
2.75
0.022
0.6
0.062
2.767
0.022
0.6167
0.052
2.783
0.022
0.6333
0.052
2.8
0.022
0.65
0.052
2.817
0.022
0.6667
0.042
2.833
0.022
0.6833
0.042
2.85
0.022
0.7
0.042
2.867
0.022
0.7167
0.032
2.883
0.022
0.7333
0.032
2.9
0.022
0.75
0.032
2.917
0.022
0.7667
0.032
2.933
0.022
0.7833
0.032
2.95
0.022
0.8
0.032
2.967
0.022
0.8167
0.022
2.983
0.022
0.8333
0.032
3.
0.022
0.85
0.032
3.017
0.022
0.8667
0.022
3.033
0.022
0.8833
0.022
3.05
0.022
0.9
0.022
3.067
0.022
0.9167
0.022
3.083
0.022
0.9333
0.022
3.1
0.022
0.95
0.022
3.117
0.022
0.9667
0.022
3.133
0.022
0.9833
0.022
3.15
0.022
1.
0.022
3.167
0.022
1.017
0.022
3.183
0.022
1.033
0.022
3.2
0.022
1.05
0.022
3.217
0.022
1.067
0.022
3.233
0.022
1.083
0.022
3.25
0.022
1.1
0.022
3.267
0.022
1.117
0.022
3.283
0.022
1.133
0.022
3.3
0.022
1.15
0.022
3.317
0.022
1.167
0.022
3.333
0.022
1.183
0.022
3.35
0.022
1.2
0.022
3.367
0.022
1.217
0.022
3.383
0.022
1.233
0.022
3.4
0.022
1.25
0.022
3.417
0.022
1.267
0.022
3.433
0.022
07/12/13 2 09:38:50

AQTESOLV for Windows
Time min
Displacement (ft)
Time min
Displacement (ft)
1.283
0.022
3.45
0.022
1.3
0.022
3.467
0.022
1.317
0.022
3.483
0.022
1.333
0.022
3.5
0.032
1.35
0.022
3.517
0.022
1.367
0.022
3.533
0.022
1.383
0.022
3.55
0.022
1.4
0.022
3.567
0.022
1.417
0.022
3.583
0.022
1.433
0.022
3.6
0.022
1.45
0.022
3.617
0.022
1.467
0.022
3.633
0.022
1.483
0.022
3.65
0.022
1.5
0.022
3.667
0.022
1.517
0.022
3.683
0.022
1.533
0.022
3.7
0.022
1.55
0.022
3.717
0.022
1.567
0.022
3.733
0.022
1.583
0.022
3.75
0.022
1.6
0.022
3.767
0.022
1.617
0.022
3.783
0.022
1.633
0.022
3.8
0.022
1.65
0.022
3.817
0.022
1.667
0.022
3.833
0.022
1.683
0.022
3.85
0.022
1.7
0.022
3.867
0.022
1.717
0.022
3.883
0.022
1.733
0.022
3.9
0.022
1.75
0.022
3.917
0.022
1.767
0.022
3.933
0.022
1.783
0.022
3.95
0.032
1.8
0.022
3.967
0.022
1.817
0.022
3.983
0.022
1.833
0.022
4.
0.022
1.85
0.022 _
4.017
0.022
1.867
0.022
4.033
0.022
1.883
0.022
4.05
0.022
1.9
0.022
4.067
0.022
1.917
0.022
4.083
0.022
1.933
0.022
4.1
0.022
1.95
0.022
4.117
0.022
1.967
0.022
4.133
0.022
1.983
0.022
4.15
0.022
2.
0.022
4.167
0.022
2.017
0.022
4.183
0.022
2.033
0.022
4.2
0.022
2.05
0.022
4.217
0.022
2.067
0.022
4.233
0.022
2.083
0.022
4.25
0.032
2.1
0.032
4.267
0.022
2.117
0.022
4.283
0.022
2.133
0.022
4.3
0.032
2.15
0.022
4.317
0.022
2.167
0.022
I. 11LIM619
07/12/13 3 09:38:50

AQTESOLV for Windows
Slug Test
Aquifer Model: Unconfined
Solution Method: Bouwer-Rice
In(Re/rw): 2.176
VISUAL ESTIMATION RESULTS
Estimated Parameters
Parameter Estimate
K 0.002158 ft/min
y0 0.8083 ft
K = 0.001096 cm/sec
T = K*b = 0.05396 ftz/min (0.8355 sq. cm/sec)
AUTOMATIC ESTIMATION RESULTS
Estimated Parameters
vcsU01,
7 1070
Parameter
Estimate
Std. Error
Approx. C.I.
K
0.000714
0.0 11323
+/- 0.0002605
y0
0.1838
0.02407
+/- 0.0474
C.I. is approximate 95% confidence interval for parameter
t-ratio = estimate/std. error
No estimation window
K = 0:0003627 cm/sec
T = K*b = 0.01785 ft2/min (0.2764 sq. cm/sec)
Parameter Correlations
K yO
K 1.00 0.72
y0 0.72 1.00
Residual Statistics
for weighted residuals
Sum of Squares ....... 1.942 ft2
Variance ............. 0.007558 ft2
Std. Deviation ......... 0.08694ft
Mean ................ 0.005099 ft
No. of Residuals....... 259
No. of Estimates....... 2
Gt4-V 5.( N.
I �CZ 2 µw.
t-Ratio
5.396 ft/min
7.633 ft
07/12/13 4 09:38:50

6K702Fc0269 rilEo-
90 fiPfl 10 PM 3 18
�,p� ¢'•p; jALFSY
Prepared by Starkey Sharp, At ,�ei' 1�he1129l4,
4 ,9 S
and return to: Kitty Hawk, North DAFE BD127, N.C.
OCEAN COMMERCE PARK CONDOMINIUMS
DECLARATION
�i THIS DECLARATION, made this
3rd day of April 1990
by Ocean Commerce Park Center, a Virginia general partnerehip,
("Developer"), pursuant to the North Carolina Condominium Act,
Chapter 47C, North Carolina General Statutes.
W I T N E S S E T H:
WHEREAS, Developer is the owner in fee simple of certain
ill illCunty of
real estate situated in the Town of K
legllyDevil describeds,onoEzhibit
Dare, and State of North Carolina, a
A, together with all buildings and improvements now orhereafter
t
constructed or locaed thereon, and all rights, ,Prpertaining
easements and appurtenances belonging to or in any
to said real estate; and
WHEREAS, Developer desires to submit all of said property to
the Act.
NOW, THEREFORE, Developer, as owner of said property, hereby
declares as follows:
ARTICLE I.
Definitions
Definitions. As used herein, the following words and terms
_ shall have the following meanings:
1.1. Act. The North Carolina Condominium Act, Chapter 47C,
North Carolina General Statutes.
12 Additions
neat estate. The real estate described in
Exhibit A-1 ,together with all buildings and improvements now or
hereafter constructed or located
thereon,
and
ing tallorrights,
n any
privileges, easements and appurtenances
way pertaining to said real estate.
1.3. Association. Ocean Commerce Park Owners Association,
Incorth
., a nonprofit corporation organized -under Chapter 55A9
Carolina General Statutes.
1.4. BoaEd. The Board of Directors of the Association.
I.S. Bylaws. The Bylaws of the Association which are
hereby incorporated herein and made a part hereof by this
reference.
1.6. Common Elements. All portions of the Condominiums
except the Units. Limited Common Elements are Common Elements.
17. mroensea. Expenditures made or liabilities
incurred byoron behalf of the Association, together with any
allocations to reserves.
1.8. Condo inium. The condominium created by this
Declaration.
g peclarant. Developer and (h any other persons who
1
has executed this Declaration, or who hereafter executes an
amendment to this Declaration to add Additional Real Estate,
;-7

gK702Pc0270
except Security Holders and except persons whose interests in the
Property will not be conveyed to Unit Owners, and (ii) any person
who succeeds to any Special Declarant Rights pursuant to Section
47C-3-104 of the Act.
1.10. Declarant Control Period. The period commencing on
the date hereof and continuing until the earlier of (i) the date
seven (7) years after the date of the first conveyance of a Unit
to a Unit Owner other than a Declarant, or (ii) the date upon
which Declarant surrenders control of the Condominium, or (iii.)
the date sixty (60) days after the Declarant has -conveyed ninety
(90%) percent of the Units to Unit Owners other than Declarant.
1.11. First Mortgaga and First Mortgagee. A First Mortgage
Is a mortgage or deed of trust which has'been recorded so as to
'a
give constructive notice thereof, and which is a first lien on
the Units described therein. A First Mortgagee is a holder, from
time to time, of a First Mortgage as shown by the records of the
office of which 'the First Mortgage is recorded, including a
purchaser at foreclosure sale upon foreclosure of a First
Mortgage until expiration of the mortgagor", period of
redemption. If there be more than one holder of a First
Mortgage, they shall be considered as, and act as, one First
Mortgagee for all purposes under this Declaration and the Bylaws.
1.12. Floor Plan. The floor plans of the Condominium
recorded with, and by the Act made a part of, this Declaration,
as the same may hereafter be amended.
1.13. Limited Common Elements. Those portions of the
Common Elements allocated by operation of Section 47C-2-102(2) or
(4) of the Act for exclusive use of one but fewer than all of the
Units and also any Limited Common Elements specifically allocated
to Units on Exhibit B.
1.14. Occurrent. Any person or persons in possession of a
Unit, including Unit Owners, the family members, lessees, guests
and invitees of such person or persons, and family members,
guests and invitees or such lessees.
I
1.15. Perso . A natural person, corporation, partnership,
,
trust or other entity, or any combination thereof.
1.16. Property. The real estate described on Exhibit A,
and the real estate described on Exhibit A-1, together with all
buildings and improvements now or hereafter contracted or located
thereon, and all rights, privileges, easements and appurtenances ?;
belonging to or in any way pertaining to said real estate.
1.17. Secu r itv fgLan Obligation. The vendor's interest in
a contract for deed, mortgagee's interest in a mortgage,
trustee's interest in a deed of trust, purchaser's interest under
a sheriff's certificate of sale during the period of redemption,
or the holder's interest in a lien.
1.18. Security Holder. Any Person owning a Security for an
Obligation in a Unit.
1.19. SpeLja clarant Rights. The rights reserved herein
and in the Bylaws for the benefit of a Declarant, as follows: to
complete the improvements indicated on the Floor Plans; to
maintain sales offices, management offices, models and signs
advertising the Condominiums; to use easements through Common
Elements; to elect, appoint or remove members of the Board during
the Declarant Control Period; and to add Additional Real Estate.
Declarant shall have no right to subdivide or convert Units owned
by Declarant.
1.20. Unit. A portion of the Condominium, whether or not
contained solely or partially within a building, together with
its percentage of undivided interest in the Common Elements as
r

NK702rc0271
set forth on Exhibit C. Each Unit is designated and delineated
on the Floor Plans.
1.21. Unit Boundaries. The boundaries of each Unit, both
as to vertical or horizontal planes, as shown in the building
plans, are the underside of the bar joists, the inside of the
bearing walls, the center of the demising wall and the top of the
slab.
1.22. Unit Owner. The Person or Persons, including the
Declarant, owning a Unit in fee simple, including contract -for -
deed purchasers of a Unit, but excluding contract -for -deed
f purchasers of a Unit who are Security Holders, and also excluding
1 all other Security Holders.
ARTICLE II.
Submission of Eroperty to the Act
2.1. Submission. Developer hereby submits the Property to
the Act.
2.2. Name. The Property shall hereafter be known as the
Ocean Commerce Park Condominiums.
2.3. Division of Property into Separately Owned Unite.
Developer, pursuant to the Act, and to establish a plan of
condominium ownership for the Condominium, does hereby divide the
Property into twenty (20) Units and does hereby designate all
such Units for separate ownership, subject, however, to the
provisions of Section 2.4 hereof. The reference to the number of
Units is specifically limited to the first phase of the project,
in that additional Units included within the Condominium project
will or may be added as additional phases, and this Declaration
is subject to such additional developer's rights as set forth in
the other sections hereof.
2.4. Alterations of Units. Subject to the provisions of
the Bylaws, a Unit may be altered pursuant to the provisions of
Sections 47C-2-113(a) and (b) of the Act.
- 2.5. Limited Common Elements. The Limited Common Elements
serving or designed to serve each Unit are hereby allocated
solely and exclusively to each such Unit. In addition to those
defined in Section 1.13, Limited Common Elements include those
set forth on Exhibit B and are hereby allocated to Units as shown
in Exhibit B.
2.6. Unit Allocations. The allocations to each Unit of a
percentage of undivided interest in the Common Elements, of votes
in the Association, and a percentage of the Common Expenses, are
as stated on Exhibit C. The allocation,of undivided interests in
the Common Elements and of the Common Expenses is according to
the area of each Unit to the area of all Units. The votes in the
Association are equally allocated to all Units.
2.7. Encumbrances. The liens, defects and encumbrances on
the Property to which the rights of Unit Owners and Occupants are
hereby made subject are set out on Exhibit D.
2.8. CondQminium Ordinances. The Condominium is not
subject to any code, real estate use law, ordinance, charter
provision, or regulation (i) prohibiting the condominium form of
ownership, or (ii) imposing conditions or requirements upon
developments under a different form of ownership. This statement
_ is made pursuant to Section 47C-1-106 of the Act for the purpose
of providing marketable title to the Units in the Condominium.
2.9. Reservation of Special Declarant Rights. Declarant
hereby reserve all Special Declarant Rights.

11702rc0272
ARTICLE III.
Additional Real Estate
3.1. Declarants Right to. Add Additional Real Estate.
Declarant expressly reserves the right to add an additional Unit
to the Condominium. No assurances are made as to whether such
additional Unit will be added to the Condominium. Declarant
shall have no duty or obligation to add the additional Unit. The
method of adding the Unit shall be pursuant to Section 47C-2-111
of the Act. - I�
3.2. [Maximum Number oY Additional Units' Units Restricted
to Residential Use. The maximum number of additional Units which
may be created within the Additional Real Estate is one (1) Unit,
for a total of twenty-one (21). All of such Units will be
restricted exclusively to nonresidential use.
3.3. Compatibility of Style. Etc. Any building or Unit
that may be erected upon the Additional Real Estate or a portion
thereof will be compatible with the other building% and Units in
the Condominium in terms of architectural style, quality of
construction, principal material employed in construction, and
size.
3.4. Applicability oY Restrictions, Etc. All restrictions
in the Declaration and the Bylaws affecting use, occupancy and
alienation of Units will apply to the additional Unit that may be
created within the Additional Real Estate.
3.5. Other Impgova'^ants and Common Elements. In addition
to the building and Unit that may be erected upon the Additional
Real Estate or a portion there, the other improvements and Common
Elements that may be made or created upon or within the
Additional Real Estate or each portion thereof which may be added
to the Condominium will be generally similar in quality and
quantity to the improvements and Common Elements located in the
Condominium.
3.6. Development of Additional Real Eat t . The Additional
Real Estate may be developed by the Declarant and added to the
Condominium as a separate Unit when and if the Declarant receives
approval for such additional construction from the appropriate
officials of the Town of Kill Devil Hills and from the Dare
County Health Department.
3.7. Termination oY Right to Develop Additional Real
Estate. Upon termination of the Declarant Control Period
(Section 1.10), the rights of the Declarant to construct that
additional Unit on the Additional Real Estate shall terminate.
3.8. Lands Included in Common Elements. Except for the
rights to construct the additional Unit described in this
Declaration on the Additional Real Estate, the lands described in
Exhibit A-1 to this Declaration shall be considered Common
Elements and subject to all of the provisions of the Declaration.
ARTICLE IV.
Easements
4.1. Encroachments. In the event that, by reason of the
construction, reconstruction, rehabilitation, alteration or
improvement of the buildings or improvements comprising a part of
the Property, any part of the Common Elements nor or hereafter
encroaches upon any part of any Unit, or any part of any,Unit,
now or hereafter encroaches upon any part of the Common Elements,
or upon any part of another Unit, an easement for the continued
existence and maintenance of each such encroachment is hereby
declared and granted and shall continue for so long as each such
encroachment exists; provided that in no event shall an easement

i
BK7O2 0273
for such encroachment be created if such encroachment is
detrimental to or interferes with the reasonable use and
enjoyment of the Common Elements or Units so encroached upon.
.. 4.2. Easements Through Walls. Easements are hereby
declared and granted to the Association and to such Persons as
are authorized by the Association, to install, lay, maintain,
repair and replace any chutes, flues, ducts, vents, pipes, wires,
conduits and other utility installations, and structural
�— components running through the walls of the Unitas whether or not
such walls lie in whole or in part within the boundaries of any
„ Unit.
4.3. -semen[ to Repair Maintain Restore and
Reconstruct. Wherever in, and whenever by, this Declaration, the
Bylaws or the Act, a Unit Owner, the Association, the Board, or
any other Person, is authorized to enter upon a Unit or the
Common Elements to repair, maintain, restore or reconstruct all
or any part of a Unit or the Common Elements, such easements as
are necessary for such entry and such repair, maintenance,
restoration or reconstruction are hereby declared and granted.
4.4. Declarant' Easement— Declarant hereby reserves such
easements through the Common Elements as may be reasonably
necessary for the purposes of discharging its obligations,
exercising Special Declarant Rights, and completing the
development and construction of the Condominium, which easements
shall exist as long as reasonably necessary for such purposes.
4.5. Easements to Run With Land. All easements and rights
described in this Article IV are appurtenant easements running
with the land, and except as otherwise expressly provided in this
Article IV shall be perpetually in full force and effect, and
shall inure to the benefit of and be binding upon Declarant, the
Association, Unit Owners, Occupants, Security Holders and any
other Person having any interest in the Condominium or any part
of any thereof. The Condominium and every part thereof shall be
conveyed and encumbered subject to and together with all
easements and rights described in this Article IV, whether or not
specifically mentioned in any such conveyance or encumbrance.
ARTICLE V.
Restrictionri, QqDditione and Covenants
5.1. Compliance with Declaration, Bylaws and Rules and
Regulations. Each Unit Owner and Occupant shall comply with all
applicable provisions of the Act, this Declaration, the Bylaws,
the Articles of Incorporation of the Association, and rules and
regulations promulgated by the Board or the Association, as
amended. Failure to comply shall be grounds for an action by the
Association, and aggrieved Unit Owner, or any Person adversely
affected, for recovery of damages, injunction or other relief.
5.2. Administration of Condominium. The Condominium shall
be administered in accordance with the provisions of the Act,
this Declaration and the Bylaws.
5.3. Ilse Restricted; Use by Declar n
(a) The Units shall be occupied and used by Unit
Owners and Occupants for nonresidential purposes only.
(b) No "For Sale" or "For Rent" sign or other• window
displays or advertising shall be maintained or permitted by any
Unit Owner or Occupant on any part of the Condominium without the
prior written consent of the Board.
(c) Declarant also may maintain signs on the Common
Elements advertising the Condominium until all of the Units have
been conveyed to Unit Owners other than a Declarant. Declarant
shall remove all such signs not later than thirty (30) days after

OK 702 Pc 027Y
all of the Units have been conveyed to Unit Owners other than
Declarant and shall repair or pay for the repair of all damage
done by removal of such signs.
5.4. Hazardgms Use and Waste. Nothing shall be done to or
kept in any Unit or the Common Elements that will increase any
rate of insurance maintained with respect to the Condominium
without the prior written consent of the Board. No Unit Owner or
Occupant shall permit anything to be done to or kept in his Unit
or the Common Elements that will result in the cancellation of
insurance maintained with respect to the Condominium, or that
would be in violation of any law, or that wild result in the ,I commitment of waste (damage, abuse or destruction) to or in his
Unit or the Common Elements. The limitations contained in this
Section are subject to certain uses that may from time to time
occur within the Condominium and the standards which shall apply
to the conditions in this Section are understood to be standards
which would be applicable to commercial uses. So long as the:i•,.
provisions of Article VIII dealing with insurance and the
allocations for costs of such insurance are met in accordance
with the provisions of Article VIII, it shall be presumed that
the provisions of this Section dealing with cancellation of
insurance and increases in the insurance rate are satisfied.
5.5. Additional Restrictions. In addition to the
limitations set forth in Section 5.4. above, certain additional
restrictions shall apply as set forth herein. No Property shall
be used in any manner so as to endanger or risk contamination of
the ground water table or drainage area supplying the body of
water known as "The Fresh Pond" located to the southwest of the
Condominium properties. This shall include a specific
prohibition of the storage or use on the Condominium properties
of any hazardous liquids or materials that would, in the event of
any spillage, have the potential of contamination of the water _
table or The Fresh Pond. A Unit Owner will be deemed -to be in
compliance with this section if the storage or other use of
materials on the premises have been approved in writing by
officials of the Town of Kill Devil Hills Planning department,
Fire Department and Water Department. "
5.6. Waste Water SYatem. '
(a) The sewage and waste water disposal system for the
Condominium is an on -site septic tank with supporting drain
fields, constructed in accordance with requirements of the Dare
County Department of Environmental Health. The use of the sewage
disposal system by Unit Owners within the Condominium is
regulated by the provisions of this Section.
(b) The Condominium is allocated certain maximum waste
water capacity, based upon a standard usage rate of 1,000 gallons
per day for the entire Condominium project. The rate is an
average daily rate determined on a monthly basis. Waste water
usage shall be measured by the amount of water supplied to each
Unit in the Condominium. All water supplied to the Condominium
will be supplied by the municipal water system for the Town of
Kill Devil Hills and shall be individually metered for each Unit.
The amount of waste water usage shall be considered equal to the
amount of water supplied, on a one to one ratio, per gallon,
according to the individual motors.
(c) Each Unit will receive a water and sewer
allocation. The allocation will be made by the Declarant at the
ti.me of the sale of each Unit. The allocation will not change
until reallocated or reassigned by the Declarant. The total
water and sewer allocation for the Condominium will not exceed
1,000 gallons per day.
(d) Monthly water usage will be determined by
reference to the individual water meters for each Unit. The
average daily use, determined on a monthly basis, shall not
exceed the allocation for the individual Unit. If water use

®K702?d0275
the allocation, the Unit Owner will be subject to a fine
exceeds
of $100.00 per gallon for each gallon exceeding the allocation
and the Declarant will have the right, in Declarant's sole
Service need
discretion, to terminate water service to the Unit.
not be restored until the Declarant is satisfied that water usage
not exceed the allocation and all fines and expenses
will
relating 'to the termination are paid. Such amounts will be
incurred
payable to the Association, except where expenses are
with the municipal water system.
(e) An individual metered account will be maintained
_
in the name of the Association for each water meter in the
Condominium. The Association shall have the right, consistent
(
the provisions of this, Section, to terminate and install
with
water service, bill and collect for water used, and otherwise
monitor the use of water and waste disposal.
(f) No Unit will be metered for water service in the
of the Unit Owner, except on the books and accounts of the
name
Condominium. All water service will be billed at the same rate
the rate billed by the municipality. The Declarant, or the
as
Association as successor to the Declarant, shall have a right to
have lien rights
terminate service for non-payment and shall also
billings in the same manner as lien
for unpaid water service
rights for dues and assessments.
•
(g) The rights assigned to the Declarant, for
i
allocation and reassignment of water rights as well as other
Board of
rights defined in this Section, will pass to the
time as the last Unit within
t
Directors of the Association at such
conveyed by the Declarant. The
I
the Condominium has been sold or
to transfer such rights and obligations at an
)t
Declarant may elect
earlier time, in the sole discretion of the Declarant.
(h) The water and sewer allocation may be made so that
no water or sewage service is provided to certain Units within
the Condominium, thereby allowing the distribution of available
Units within the
�•
water and sewage service among other
allocation, once made, may be reduced
,. -
'Condominium. However, no
Unit without the consent of the Unit Owner, even when the
to any
the full allocation made as determined
Unit usage does not meet
by the monthly computation.
(i) The limits on water and sewer usage described in
this Section will apply to each Unit according to the allocation,
does
the total average daily usage for the Condominium
H.
even when
not exceed the total allocation of 1,000 gallons per day.
(j) Reallocation of water and sewage may occur when
the consent f all
Units
ed in t
reallocation isobtained n Owners r
as wellas the consent of n they Declarant
(k) If the Condominium is provided with off -site
sewage disposal service and the connections are made to dispose
of sewage and waste water through such a system, the provisions
of this Section dealing with allocations of water and sewer
service will no longer apply and there will be no limitation on
water usage as a result of the provisions of this Section.
5,7, _A�t, ation of Common Elements. No Unit Owner or
Occupant, except Declarant during the Declarant Control Period,
shall alter, construct anything upon, or remove anything from,
the Common Elements, or paint,
decorate,
landscape
prior or adorn
nsant
ny
portion of the Common Elements, without
of the Board.
5•8, aent;ng Of Units. Any Unit Owner who enters into a
lease of his Unit for a lease term longer than thirty (30) days
shall promptly notify the Association of the name and address of
each lessee, the Unit rented, and the term of the lease. Other
than the foregoing restrictions, each Unit Owner shall have the
full right to lease his Unit.

OK7D2Pc0276
5.9. Rules and Regulations. In addition to the foregoing
restrictions, conditions and covenants concerning the use of the
Condominium, reasonable rules and regulations not in conflict
therewith and supplementary thereto may be promulgated and
amended from time to time by the Board or the Association, as
more fully provided in the Bylaws.
6.10. Restrictions Conditions and Covenants to Run with
Land. Each Unit Owner and Occupant shall be subject to all
restrictions, conditions and covenants .of this Declaration, and
.., all such restrictions, conditions and covenants shall be deemed
to be covenants running with the land, and shall bind every
Person having any interest in the Property, and shall inure to
the benefit of every Unit Owner.
5.11. Partition or Combination of Units. Except as herein
provided, no Unit may be divided or subdivided into a smaller
Unit or Units, nor shall any Unit or portion thereof be added to
or incorporated into any other Unit, provided however, that upon
the express written consent of the Board of Directors, two or
more existing Units may be combined to form a single Unit. In
the event of such combinations, each Unit shall retain its
individual legal character and its appurtenant undivided interest
in the Common Elements. Such combination shall be accomplished
by the opening of a doorway or other passageway between the Units
so combined and insofar as such doorway or passageway affects the
Common Elements, such doorway or passageway shall be considered a
Limited Common area and facility pursuant to this Declaration,
and the cost of maintaining, repairing and replacing such doorway
or passageway shall be the sole responsibility of the Unit Owners
of the affected Units. The location and construction of such
doorway and passageway shall be the sole responsibility of the
Unit Owners of the affected Units. The location and construction
of such doorway and passageway shall require the written consent
of the Board of Directors and shall be in compliance with all
governmental laws, codes, ordinances and regulations as well as
the plans and specifications of the Condominium. In addition,
such Units may be combined by removing or by not constructing the
intervening partitioning wall, notwithstanding the fact that such
partitioning wall is or would have been part of the Common
Elements so long as no portion of any load bearing wall, column
or structural member is materially weakened, removed or not
constructed and no portion of the Common Elements, other than
that partitioning wall (and any wiring, conduits, ducts,
utilities, apparatus or equipment contained therein which must be
relocated by such Unit Owners if they serve any other pat of the
Condominium) is damaged, destroyed or endangered. The cost of
any such combination shall be the responsibility of the Unit
Owners whose Units are being combined. The prohibition against
subdivision of a Unit set forth in this Section 5.10 shall not
prevent a subsequent physical division of any Unit into its
component Units. Any such division shall be at the sole cost and
expense of the Unit Owners making such division.
Any instrument conveying, devising, encumbering or otherwise
dealing with any Unit (whether part of an office suite or
otherwise) which describes said Unit by the numerical designation
shall be deemed and construed to affect the entire Unit and its
appurtenant undivided interest in the Common Elements. Except as
specifically provided in this Declaration with respect to the
addition or inclusion of additional Units, the Common Elements
shall not in any manner be divided nor shall any right to
partition any part thereof exist. The Common Elements and each
Unit's undivided interest therein shall not be conveyed, devised,
encumbered or otherwise dealt with separately from the Unit to
which the interest is appurtenant. Nothing herein contained
shall be deemed to prevent ownership of a Unit by the entireties,
jointly, or in common or in any other form by law permitted, nor
to prevent termination of the Condominium in accordance with the
Act.

BK702Pc0277
Nothing contained in this Section 5.11 shall prohibit the
subletting of all or a portion of any Unit.
ARTICLE VI.
Assessments'''
6.1. Aesessmgnt Liens. The Board has the power to levy
assessments against the 'Unite for Common Expenses. Such
assessments shall be a lien on the Unite against which they are
`^
assessed, and if any payment thereof becomes delinquent, the lien
may be foreclosed and the Unit sold, or a money judgment obtained
against the Person liable therefore, all as set forth in the
Bylaws. The Bylaws shall set the method of assessment, the
procedure for collection and any other matters necessary to
identify the nature of the assessment rights set forth herein.
This specifically includes, but not by way of limitation, the
method for collection of liens and assessments in the manner act
' forth in N.C.C.S. Chapter 44A, at Seq.
6.2. Personal Liability of Transferees, State; Liability of
First Mortgagee.
(a) The personal obligation for assessments which are
delinquent at the time of transfer of a Unit shall not pass to
the transferee of said Unit unless said delinquent assessments
are expressly assumed by said transferee.
;•i
(b) Any transferee referred to in (a) above shall be
entitled to a statement from the Board, pursuant to Section 8.11
of the Bylaws, and such transferee's Unit shall not be subject to
•:;',
a lien for any unpaid assessments against such Unit in excess of
the amount therein set forth.
,
(c) Where a mortgagee or the beneficiary of a deed of
trust, or other Person claiming through, such deed of trust,
pursuant to the remedies provided in a deed of trust, or by
foreclosures or by a deed, or assignment, in lieu of foreclosure,
obtains title to a Unit, the liability of such mortgagee or such
other Person for assessments shall be only for the assessments,
or installments thereof, that would become delinquent, if not
paid, after acquisition of title. For purposes hereof, title to
a Unit shall be deed acquired by foreclosure upon expiration of
the applicable period of redemption.
(d) Without releasing the transferor from any
liability therefor, any unpaid portion of assessments which is
not a lien under (b) above or, resulting• as provided in (c)
above, from the exercise of remedies in a deed of trust, or by
foreclosure thereof or by deed, or by assignment, in lieu of such
foreclosure, shall be a Common Expense collectible rfrom all Unit
Owners, including the transferee under (b) above and the
purchaser at foreclosure or such other Person under (c) above who
acquires ownership by foreclosure or by deed, or assignment, in
lieu of foreclosure.
6.3. Prohibition of bam Lion .rwm .a_ �• r.
Contribution Toward Common Rxp uses. Except as stated in ;�".••
paragraph 6.4 below, no Unit Owner may exempt himself from
liability for his share of the Common Expenses assessed by the
Association by waiver of the use or enjoyment of any of the
Common Elements or by abandonment of his Unit or otherwise.
6.4. Limited Cxemution from Payment of Assessments by
Developer. Notwithstanding the foregoing provisions, the
Declarant shall be exempt from payment of dues or assessments
relating to the Common Expenses of the Association under certain
limited conditions as defined in this paragraph. Such an
exemption may occur only during the Declarant Control Period.
Upon termination of the Declarant Control- Period as defined in
,r k

8K7.02Pc027a
paragraph 1.10 of this Declaration, any exemption described
herein shall terminate, and the Declarant shall commence to pay
dues and assessments in the same manner as other Unit Owners.
During the Declarant Control Period, the Declarant may collect
dues and assessments for payment of the Common Expenses from all
Unit Owners. If Declarant elects to remain exempt from the
payment of dues and assessments, Declarant shall be responsible
to pay to the Association all sums necessary to cover the
difference between the operational cost of the Association and
the amounts collected from the other Unit Owners. The
operational expenses will be determined by the budget for the
Association as adopted by the Board of Directors of the
Association and will include an item identified as reserves.
The budget adopted will include the annual cost of all
Common Expenses, including reserves for repairs of parking, pools
and mechanical systems. Declarant shall pay to the Association
such amounts as necessary to cover all such expenses, including
the annual amount allocated for reserves, except for the share
prorated for each individual Unit paid by such Unit Owner. .These
amounts will be paid by the Declarant as the amdbnt becomes due.
Reserve amounts shall be payable at the end of the second year
following the recording of this Declaration and at the end of
every year thereafter. In the event the Declarant Control Period
shall end as defined in paragraph 1.10, the Declarant shall be
obligated to pay all dues and assessments which would then be due
to the Association had the payment of dues been received
according to the original payment schedule.
ARTICLE VII.
Management Maintenance Repairs.
Replacements Alterations and Improvements
7.1. Common Elements.
(a) By the Association. The management, replacement,
maintenance, repair, alteration and improvement of the Common
Elements shall be the responsibility of the Association, and,
subject to the provisions of Section 7.2 hereof, the cost thereof
shall be a Common Expense to the extent not paid by the Unit
Owners pursuant to Section 7.1(b) hereof. All damage caused to a
Unit by any work on or to the Common Elements done by or for the
Association shall be repaired by the Association, and the cost
thereof shall be a Common Expense.
(b) By Unit Owners. Each Unit Owner shall pay all
costs to repair and replace all portions of the Common Elements
that may become damaged or destroyed by reason of his intentional
acts or the intentional acts of any Occupant, guest or invitee of
his Unit. Such payment shall be made upon demand made by the
Association.
7.2. Common Expenses Associated with Limited Common
Elements or Benefitting Less Than All Units.
(a) Any Common Expense associated with the
maintenance, repair, or replacement of a Limited Common Element
shall be assessed against the Unit, or in equal shares to the
Units, to which such Limited Common Elements was allocated at the
time the expense was incurred.
(b) In addition, the Association may assess any Common
Expense benefitting less than all of the Units against the Units
benefitted in proportion to their Common Expense liability. --
7.3. Units. Each Unit Owner shall maintain his Unit at all �-
times in a good and clean condition, and repair and replace, at
his expense, all portions of his Unit; shall perform his
responsibilities in such manner as not to unreasonable disturb
other Occupants; shall promptly report to the Board, or its
r
,

BK702fc0279
' agents, any defect- or need for repairs the responsibility for
which is that of the Association; and, to the extent that such
expense is not covered by the proceeds of insurance carried by
the Association, shall pay all costs to repair and replace any
portion of another Unit that has become damaged or destroyed by
reason of his own acts or omissions, or the acts or omissions of
any Occupant, guest or invitee of his Unit. Nothing herein
contained shall modify any waiver by insurance companies of
rights of subrogation.
i I 7.4. Waiver of Claims. Except only as -provided in Section
7.5(a) and (b), the Association agrees, that it shall made no
claim against a Unit Owner or Occupant, and each Unit Owner and
Occupant agrees that he shall make no claim against the
Association, the members of the Board, officers of the
Association, or employees or agents of any thereof, or against
any manager retained by the Board, or his or its officers,
directors, employees or agents, or other Unit Owners or
Occupants, for any loss or damage to any of the Property, or to a
Unit or personal property therein, even if caused by the omission
or neglect of any one or more of such Persons and all such claims
are hereby waived and released; provided that this waiver shall
not apply to any such loss or damage due to intentional acts.
7.5. night of EntEX.
(a) By the Association. The Association, and any
Person authorized by the Association, may enter any Unit or any
of the Limited Common Elements in case of any emergency or
dangerous condition or situation originating in or threatening
that Unit or any of the Limited Common Elements. The
Association, and any Person authorized by the Association, after
reasonable notice to a Unit Owner or Occupant, may enter that
Unit or any of the Limited Common Elements for the purpose of
performing any of the Association's duties or obligations or
exercising any of the Association's power under the Act, this
Declaration or the Bylaws with respect to that or any other Unit,
any Limited Common Elements, or the Common Elements.
Notwithstanding Section 7.4, the Association shall be responsible
for the repair of any damage caused by the Association or its
authorized Person to the entered Unit, and the cost thereof shall
be a Common Expense. All such entries shall be made and done as
to cause as little inconvenience as possible to the Unit Owner
and Occupant of the entered Unit or any portion of the Limited
Common Elements allocated to the Unit Owner.
(b) By Unit Owners. Each Unit Owner and Occupant
shall allow other Unit Owners and Occupants, and their
representatives, to enter his Unit, or 'Limited Common Elements
allocated to his Unit, when reasonably necessary for the Purpose
of altering, maintaining, repairing or replacing the Unit of, or
performing the duties and obligations under the Act, this
Declaration or the Bylaws of the Unit Owner or Occupant making
such entry, provided that requests for entry are made in advance
and that such entry is at a time convenient to the Unit Owner or
Occupant whose Unit or Limited Common Element is to be entered.
In case of any emergency or dangerous condition or situation,
such right of entry shall be immediate. Notwithstanding Section
7.4, the Person making such entry shall be responsible for repair
of any damage caused by such Person to the entered Unit or
Limited Common Element.
ARTICLE VIII.
Insurance
' 8.1. Casualty Insurance. The Association shall maintain
casualty insurance upon the Property in the name of, and the
proceeds thereof shall be payable to, the Association, as trustee
for all Unit Owners and Security Holders as their interests may
appear, and be disbursed pursuant to the Act. Such insurance
shall be in the amount equal to not less than the full insurable

gK702rc0280
value of the Property on a replacement cost basis and shall
insure against such risks and contain such provisions as the
Board from time to time shall determine, but a minimum shall
conform in all respects to the requirements of the Act, and shall
provide that, notwithstanding any provision thereof that gives
the insurer an election to restore damage in lieu of making cash
settlement, such option shall not be exercisable if such
restoration is prohibited pursuant to Section 47C-3-112(g) of the
Act.
8.2. Public Liability Insurance. The Association shall
maintain public liability insurance for the benefit of the Unit
Owners, Occupants and holders of a vendor's interest in a
contract for deed on a Unit, the Association, the Board, the
manager, if any, the Declarant, and their respective officers,
directors, agents and employees, in such amounts and with such
coverage as shall be determined by the Board; provided that the
public liability insurance shall be for at least One Million
Dollars ($1,000,000.00) per occurrence for death, bodily injury
and property damage. Said insurance shall contain a
severability-of-interest endorsement precluding the insurer from
denying liability because of negligent acts ,of any insured;
insure all of such benefited parties against such liability
arising out of or in connection with the use, ownership or
maintenance of the Common Elements, and the streets, sidewalks
and public spaces adjoining the Condominium; and insure the
Association, the Board, the manager, if any, and their respective
officers, directors, agents and employees against such liability
arising out of or in connection with the use or maintenance of
the Units. In the event that the market for insurance does not
have available at a price or cost justifiable by reasonable
decision of the Board of Directors of the Association the
insurance specified herein, the Board may make such judgments as
to insurance as necessary, consistent with the intentions of this
paragraph, for the best interest of the Association.
8.3. Fidelity Coverage. Fidelity coverage shall be
maintained by the Association in commercial blanket form covering
each director and officer of the Association, any employee or
agent of the Association and any other Person handling or
responsible for handling funds of the Association in the face
amount of at least the greater of (i) one and one-half (1-1/2)
times the estimated annual operating expenses and reserves of the
Association, or (ii) the sum of three months' aggregate
assessments on all Units plus the Association's reserve funds.
Such bonds shall contain an appropriate endorsement to cover
Persons who serve without compensation. The premiums on such
bonds shall be a Common Expense.
8.4. Other Insurance. The Association may procure such
other insurance, including worker's compensation insurance, as it
from time to time deem appropriate to protect the Association of
the Unit Owners.
8.6. Insurance Trust. The Board may engage, and pay as a
Common Expense, any appropriate Person to act as an insurance
trustee to receive and disburse insurance proceeds upon such
terms as the Board shall determine, consistent with the
provisions of the Act and this Declaration.
8.6. Individual EoJJc.Y for Unit Owners. Each Unit Owner
may obtain insurance, at his own expense, affording personal
property, and any other coverage obtainable, to the extent and in
the amounts such Unit Owner deems necessary to protect his own
interests; provided that any such insurance shall contain waivers
pursuant to Section 7.3 and shall provide that it is without
contribution as against the insurance purchased by the
Association. If a casualty lose is sustained and there is a
reduction in the amount of proceeds that would otherwise be
payable on the insurance purchased by the Association due to the
proration of insurance purchased by a Unit Owner under this
Section, such Unit Owner shall be liable to the Association to

BK702PGO281
the extent of such reduction and shall pay the amount of such
reductioon
d, and assigns
proceedsnofto his insuranceatito theonextentnt
he
of such reduction, to
the Association,
g,7, P11 c tion Y In urance. It is acknowledged that
specific uses of the Units within the Condominium may result in
additional insurance costs by way of increased premiums or
allocation and that such costa are appropriately carried by the
particular commercial use which results in such additional costs.
Therefore, notwithstanding the other provisions of this
•' i Declaration which allocate the common percentages among the
various Unit owners, certain costa dealing with insurance shall
be allocated on a less than equal method among the various Unit
Owners. Each particular Unit shall be responsible to obtain
insurance for business interruption and for any other similar
discretionary insurance at the sole cost of the Unit or Unit
Owner. For additional casualty insurance costs which may be _
generated by a particular Unit or the use within such Unit (such
as a restaurant) such additional costs shall be allocated to the
Unit which results in the additional casualty risk. Where
possible, the allocation shall be made based oupon information
provided by the insurance carrier or underwriter. It is the
intention of this Section that the individual Unit Owners shall
be required to pay in common percentage, based upon their square
footage for those categories of insurance which are common to all
of the Unit Owners. For those categories of insurance -which
result in a particular use in an individual Unit or Units which
does not apply in common to all of the Units, such additional
costs which would not otherwise apply for the insurance coverage
shall be born entirely by those Units whose use results in the
additional cost. The Board of Directors of the Association shall
determine the allocations according to the concepts set forth in
this Section and the discretion of the Board in such matters
shall be conclusive,
ARTICLE IX.
casualty Damage
If all or any part of the Property shall be damaged or
destroyed, the same shall be repaired or replaced, and proceeds
of insurance shall be used and applied in accordance with the
provisions of Section 47C-3-112(d) and (g) of the Act.
ARTICLE X.
condemnation
In the event of a taking by eminent domain, or by a
hereof, of all of any part of the Property,
conveyance in lieu t
the same shall be repaired or restored, and the awards paid on
account thereof shall be used and applied in accordance with
Section 47C-1-107 of the Act.
ARTICLE XI.
Ter inatio_
The Condominium may be terminated only in strict compliance
with Section 47C-2-115 of the Act.
ARTICLE XII.
- Amendment
This Declaration may be amended only in strict compliance
with the Act, including, without limitation, Section altering
and 47C-2-117 of the Act, except that no amendment elte ring or
impairing Special Declarant Rights. may be made without the
written consent of Declarant.

BK702fc0282
ARTICLE XIII.
Rights of First Mortgagees
The following provisions shall take precedence over all
other provision of this Declaration and the Bylaws:
13.1. Availability of Condominium Documents Books Records
and Financial Statements. The Association shall, upon request
and during normal business hours, make available for inspection
by Unit Owners and the First Mortgagees and the insurers and
guarantors of a First Mortgage on any Unit, current copies of the
Declaration, the Bylaws, other rules and regulations co -governing
the Condominium and the books, records and financial statements
of the Association. The Association shall provide an audited
financial statement for the preceding fiscal year if requested in
writing by a First Mortgagee or insurer or guarantor of a First
Mortgage. The Association shall, upon request and during normal
business hours, make available for inspection by prospective
purchasers of Units, current copies of the Declaration, Bylaws,
other rules and regulations governing the Condominium, and the
most recent annual audited financial statement (if one is
prepared).
13.2. Successors' Personal Obligation for Delinquent
Assessment. The personal obligation for assessments which are
delinquent at the time of transfer of a Unit shall not pass to
the successors in title or interest to said Unit unless said
delinquent assessments are expressly assumed by them.
13.3. Rights of Action. The Association and any aggrieved
Unit Owner shall have a right of action against Unit Owners and
any aggrieved Unit Owner shall have a right of action against the
Association for failure to comply with the regulations, and
decision of the Association made pursuant to authority granted to
the Association in this Declaration and the Bylaws.
13.4. Management and Other Agreements. Any management
agreement between the Declarant or the Association and
professional manage or any other agreement providing for services
of the developer, sponsor, builder or Declarant shall be
terminable by either party thereto without cause and without
payment of a termination fee upon not more than thirty (30) days'
prior written notice and shall not exceed a term of three (3)
years, subject to renewal by the consent of both parties.
13.5. Right of First Refusal. The right of Unit Owners to
sell, transfer, mortgage or otherwise covey 'his interest in his
Unit shall not be subject to any right of first refusal.
13.6. Consent of First Mortgagees. This Section 13.6 shall
be effective only if, at the time this Section would apply, at
least one Unit is subject to financing. Any decision to
terminate the Condominium for reasons other than substantial
destruction or condemnation of the Property shall require the
prior written consent of Eligible Mortgage Holders, as defined in
Section 13.7 hereof, representing at least 67% of the votes
allocated to Units subject to First Mortgages held by Eligible
Mortgage Holders, or such greater requirements specified by the
Act. Except for any amendment to the Declaration made for the
• purpose of adding any of the Additional Real Estate to the
Condominium in accordance with the provisions hereof, any
amendment to the Declaration or Bylaws which changes any of the
following shall require the prior written consent of Unit Owners
holding at least 67% of the total votes in the Association and of
Eligible Mortgage Holders representing at least 51% of the votes
of allocated Units subject to First Mortgages held by Eligible
Mortgage Holders, or such greater requirements specified by the
Act or hereunder:

OK 702 Pc 0283
(a) voting rights;
(b) assessments, assessment liens or subordination of
such liens;
(c) reserves for maintenance, repair and replacement
of Common Elements;
(d) responsibility for maintenance and repairs;
(e) reallocation of interests in the Common Elements
or Limited Common Elements or rights to their use;
(f) boundaries of any Unit;
(g) convertibility of Units into Common Elements or
Common Elements into Units;
(h) expansion or contraction of the Condominium or the
addition, annexation or withdrawal of Property. to or from the
Condominium;
(i) insurance or fidelity bonds;
(j) leasing of Units;
(k) imposition of any restrictions on a Unit Owner's
right to sell, transfer or otherwise convey his Unit;
(1) a decision by the Association to establish self -
management when professional management has been required
previously by an Eligible Mortgage Holder;
(m) restoration or repair of the Condominium (after
damage or destruction or partial condemnation) in a manner other
than that specified in this Declaration or the Bylaws;
(n) any action to terminate the legal status of the
Condominium after substantial damage or destruction of
condemnation; or
(o) any provisions that expressly benefit First
Mortgagees or insurers or guarantors of First Mortgages.
13.7. Notice. Each First Mortgngee and each insurer or
guarantor of a First Mortgage, upon written request stating its
name and address and describing the Unit encumbered by the First
Mortgage, held, insured or guaranteed, shall be entitled to
timely written notification by the Association of (i) any
proposed action which requires consent of a specified percentage
of First Mortgagees; (ii) any condemnation or casualty loss that
affects either material portion of the Condominium or the Unit
securing its First Mortgage; (iii) any 60 day delinquency in the
payment of assessments or charges owed any the Unit Owner of the
Unit on which the First Mortgagee held its First Mortgage or in
the performance of any obligation under this Declaration or the
Bylaws by said Unit Owner; or (iv) any lapse, cancellation or
material modification of any insurance policy or fidelity bond
maintained by the Association. Each First Mortgagee who has
requested the Association to notify it of any proposed action
that requires the consent of a specified percentage of Eligible
Mortgage Holders shall be considered an "Eligible Mortgage
Holder". With respect only to non -material amendments (which
excludes items (a) to (o) of Section 13.6), such as for the
correction of technical errors or for clarification, any First
Mortgagee who receives a written request by the Association, or
any Unit Owner, to approve an addition of amendment to the
Declaration or Bylaws who does not deliver or post to the
requesting part a negative response within thirty (30) days shall
be deemed to have approved such request.

®K702rc0284
' 13.8, Assessments. Assessments shall be due and payable in
monthly installments. As provided in Article VIII of the Bylaws
and as legally required by Section 47C-3-115 of the Act,
Declarant shall pay all accrued expenses of the Condominium until
assessments are levied against the Units. As assessment shall be
deemed levied against a Unit upon the giving of notice by the
Board to a member of the Association who is a Unit Owner of that
Unit. Unit Owners shall have no obligation to pay monthly
assessments until an assessment is levied. Assessments will
begin at such time as the Board elects.
—
13.9. Rights of First Mortgagee: InsurAn a Proceeds or
�I
Condemnation Awards. No provision of this Declaration or the
Bylaws shall be deemed to give a Unit Owner, or any other party,
::•;k',
priority over any rights of a First Mortgagee pursuant to its
First Mortgage on said Unit Owner's Unit, in the case of a
distribution to said Unit Owner of insurance proceeds or
condemnation awards for losses to or a taking of Units and/or
j H?
Common Elements.
"r
13.10, Additional Real Estate: Common FleMent Interests•
Reallocation. If the Additional Real Estate is added, the
ownership interest in the Common Elements and the liability for
Common Expenses for each Unit shall be reallocated in proportion
V.
to the area of each Unit to the area of all Units and the voting
rights in the Association shall be reallocated on the basis of
equality, The effective date for said reallocation shall be the,
'.4.
date of recordation of the amendment to this Declaration, which
document shall comply with the provisions of the Act. The
effective date for assignment 'of assessments to the Units added
•=�-,
to the Condominium shall be the date the Board levies an
assessment against said Units. All improvements intended to be
located within any portion of the Additional Real Estate added to
the Condominium shall be substantially completed prior to the
addition of said portion of the Additional Real Estate.
ARTICLE XIV.
General P
14.1. Conflict with the Act, Severability. Should any of
the terms, conditions, provisions, paragraphs, or clauses of this
Declaration conflict with any provisions of the Act, the
provisions of the Act shall control unless the Act permits the
Declaration to override the Act, in which event the Declaration
shall control. The invalidity of any covenant, restriction
condition, limitation, provision, paragraph or clause of this
Declaration, or of any part of the same, or the application
thereof to any Person or circumstance, shall not impair or affect
in any manner the validity, enforceability of effect of the rest
of this Declaration, or the application of any such covenant,
restriction, condition, limitation, provision, paragraph or
clause to any other Person or circumstances.
14.2. Interpretation of Declaration. whenever appropriate
singular may be read as plural, plural may be read as singular,
and the masculine gender may be read as the feminine or neuter
gender. Compound words beginning with the prefix "here" shall
refer to this entire Declaration and not merely to the part of
which they appear.
14.3. Captions. The captions herein are only for the
convenience and reference and do not define, limit or describe
the scope of this Declaration, or the intent of any provision.
14.4. Exhibits. The exhibits referenced in this
Declaration are incorporated herein by reference, whether or not
they are attached hereto and recorded herewith. -

®K702P®0285
IN WITNESS WHEREOF, the Declarant has executed this
Declaration as of the day and year first written above.
' OT�CEEAAA/N COMMERCE PARK CENTER
�t1'X.L"� l�✓"-` (SEAL)
ha Jr.
� William H.
General Partner
" I
NORTH CAROLINA
DARE COUNTY
-`
I, a Notary Public for the aforementioned state and county
do hereby certify that WILLIAM H. HIGHAM, JR., General Partner of
OCEAN COMMERCE PARK CENTER, a Virginia general partner a hi P,
• personally appeared before me this day and acknowledged the
' execution of the foregoing instrument. Witness my hand and seal,
this the 3rd day of April, 1990.
My commis�io expires: --,.Note y Public
;x
NORTH CAROLINA i• Fu Pi,'6LiC
�,
DARE COUNTY
T e fo ego Cer if icat of"•.�-
tified o e correct TFis instrument and this
is re
certificate are duly registered at the date and time and in the
Book and Page shown on the first peg ereof.
I REGISTER OF DEEDS BY: -REGISTER OF EEDS

EXHIBIT A
PAI:CEL 1 61702Pc 286
Beginning at an existing concrete monument, said existing
concrete monument being located in and on the Western edge of the
150 foot right of way of U.S. 158 By -Pass as the same is
intersected by the South line of lot 35, Section 2, lake Drive
Development as shown in I•lap Book 3, page 4, said beginning point
... being located North 19 deg, 24 min. 19 sec. West 49.40 feet from
a concrete monument located in and on the Western edge of the
aforereferenced right of way as the same is intersected by the
North line of that lot or parcel of land now or formerly owned by
Cashar Evans as set fprth in Deed Book 193,'Page 159; from said
beginning point South 19 deg. 24 min. 19 sec. Fast 49.40 feet to
a concrete monument; thence South 59 deg, 21 min. 37 sec. West
357.17 feet to a concrete monument; thence South 19 deg. 30 min.
00 sec, East 100.0 feet to a concrete monument; thence South 59
deg. 21 min. 19 sec. West 1,025.46 feet to a concrete monument;
thence North 19 deg. 57 min. 43 sec. West 8.56 feet to a concrete
monument; thence North 19 deg. 30 min. 00 sec. West 142.02 feet
to a concrete monument; thence North 59 deg. 26 min. 07 sec. East
1,382.41 feet to the point and place of beginning.
Reference Is herby made to that map of plat entitled "Plat for
Ocean Park Partnership" by C. P. Levis - Surveyor, P.C., for a
more compelte and concise description of the lands herein conveyed.
The property hereinabove described was acquired by Grantor by instruments
recorded in Book 486, Page 530, Dare County Public Registry.
PARCEL 2
All that certain parcel of land situated in Atlantic Township, Town of Kill Devil
Hills, adjoining lands known as Lake Drive Development, now or formerly, the Dare
Development Corporation, and lands belonging to the Town of Kill Devil Hills water
system project, and more particularly described as follows:
Beginning at an iron pipe in the Southeast corner of the property herein conveyed as
the same adjoins the Northeast corner of property of the Town of Kill Devil Hills and
the Nest line of property now or formerly belonging to Dare Development Corporation;
and running thence from said beginning point and along the.West line of the Dare
Development Corporation lands North 19'30'00" West a distance of 142.82 feet to a
concrete monument in the South line of the Lake Drive Development; and running
thence along the South line of Lets 62, 63 and 64 of the Lake Drive Development.
South 59' 23'18" West a distance of 152.51 feet to a corner in the East line of the
lands of the Town of Kill Devil Hills and the Southwest corner of Lot 64 of Lake
Drive; and thence turning and running along the East line of the Town of Kill
Devil Hills and an existing fence on line South 30°20'25" East a distance of 140.94
feet to n corner; thence turning and ruining along the North line of the Town of
Kill Devil lulls property North 59°35'45" East a distance of 125.42 feet to the
iron pipe at the point or place of beginning.
Being the exact same land conveyed to the Grantors herein by deed of Charles H.
Clarkson, Widower dated October 11, 1988 and duly filed for record in the Public
Registry of Dare County, North Carolina.

gK702PG 28p
EXHIBIT A-1
All of the property located and described as follows: Beginning at
the northeastern corner of Unit Number 20 of the Condominium
.. created by this Declaration and continuing in a westerly direction
for a distance of 30 feet by extending the north and south boundary
lines of the condominium building a distance of 30 feet, such that
the area described would be sufficient to support one additional
Unit, equal in size and dimensions to the existing Units in the
Condominium.
I`I It is understood and declared that this Additional Real Estate , is
a part of the Condominium Property and that it is subject to the
terms of this Declaration. As such, these lands cannot be
withdrawn from or separ a red from the other lands which are the
subject of this Declaration except in a manner that would otherwise
be permitted by the Act as to any Property.
The sole right reserved by the Declarant In this Additional Real
Estate is Unit, which Unitht to will be as parts of then Condominium awl descri um
ibedIn
Article III of this Declaration.
r
v

EXHIBIT E eA 0 2 ecp2 6.8
For the purpose of the Ocean Commerce Park Condominiums
project, there are -no Limited Common Elements.
CERTIFICATE OF PROFESSIONAL ENGINEER
The undersigned, a professional engineer, kegistered under the
provisions of the North Carolina General Stat4G 89(C) does hereby
certify that the attached plans of Oceary' Commerce Park, A
Condominium identified as construction drawings labeled "Ocean
Commerce Park" and the site layout prepared b}'� Waterway Surveys &
Engineering, Ltd. Registered Land Surveyors do accurately depict
the site layout and units 1 through 20 as .to this layout, locations,
ceiling and floor elevations, unit numbers and dimensions of the
units as built and that the project as of this .date is
substantially complete.
WITNESS my hand and ,u /s4�1�/ this the day
.a
'i NORTH CAROLINA
DARE COUNTY
a notary public hereby certify that on this the as da
19 F, personally appebred before me, X, D
professional engineer, who being by me first duly sworn, declared that he signed the foregoing document ih his capacity as an
engineer, that he has read the foregoing document, that he was
therein are true.
authorized to' sign the document and the statements contained
My Comnlssion Expires:
ii� ..asuss;rr. Cy , kelp 3.3 19:^_
Notary L'ublic

., EXHIBIT C BI 7 0 2 pc 0 2 6 9
The percentage of undivided interest in the Common Elements for
each Unit is 5% or 1/20tb. In the event that an additional Unit is
added to the Condominium as described in Article III, the
percentage of undivided interest in the Common Elements will be
4.76% or 1/218t.
The formula used to determine the percentage is an equal proration
among all existing Units.
The percentage of Common Expenses allocated to each Unit shall be
.,I I the same as the percentage of Common Elements.
Each Unit shall have one vote in matters and affairs of the
Association.

.. EXHIBIT D 8K 7 0 2 PG Q 2 9
0
defects and encumbrances to which the rights of Unit
List of liens,
Owners are, subject:
I. General service and utility easements to supply
utility service to the Condominium Property.
2. Rights of the Association, the Unit Owners, and the
Declarant set forth in the Declaration and the related
documents; plats and plans, and Bylaws.
represented by the
3. Construction In and permanent financing, whether��
,
renewed or extended and whether
. ao�jjsting for developer now in place; except
e,...•, „finiin•cing
that the individual Units and the respective percentages
of common ownership will be released prior to conveyance
to the Unit Owners.
4. The provisions of Chapter 47C of the North Carolina
General Statutes.
5. Power pole(s) located on insured land and overhead power
Lewis,
_
line(s) crossing said land as shown on survey by C. P.
December 16, 1988. (As
RLS, dated July 25, 1986, and revised
to Parcel 1.)
6. Easement(s) to the North Carolina Power (formerly
Virginia Electric and Power Company)recordedi Book19,
Dare
148, and in Book 95, page 447, YReg
page
(As to Parcel 1.)
7. Easement(s) to State Highway Commission recorded in
Book 76, page 283, Dare County Registry. (As to Parcel
1.)
8. Easement($) to North Carolina Power (formerly
Virginia Electric and Power Company) recorded in Book $3,
page'89, Dare County Registry. (As to Parcel 2.)
9. There are cer[a in discrepancies between the
Book
I'I
description of the property as set forth in Deed
shown on plat
486, page 532, Dare County Registry, and as
dated July 25, 1986, and
of survey by C. P. Lewis, HIS,
16, 1988. (As to Parcel 1.)
revised December
"I

111I BK 795 Pci0614
LTq
Stamps T,
Prepared by James B. Archbell, Attorney at Law
Return to James B. Archbell, Attorney at Law FILED
.92 RPR 6 M9 10 44
NORTH CAROLINA DORFOS A. FRY
DARE COUNTY REGISFE. JF DEEDS I'
DARE COUNTY, N.G.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 3rd day of April, 1992, by and between Etta P. McDonald, as
Grantor, and Brian J. McDonald, as Grantee, whose address is 701 Fresh Pond Drive,
Kill Devil Hills, NC 27948
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and
convey unto the Grantee in fee simple, all those certain lots or parcels of land
situated in Atlantic Township, Dare County, North Carolina being more particularly
described as follows:
Lots 63 and 64 as described and delineated on a plat prepared by Robert D.
Kramer, Jr. Registered Surveyor, entitled, -Section 2, Lake Drive
Development, Kill Devil Hills, Atlantic Township, Dare County, North
Carolina, amended June 27, 1966, Scale 1 inch-100 feet,' which plat is now
duly recorded in Map Book 3, Page 4 in the Office of the Register of Deeds
of Dare.County, and by reference said plat is hereby made a part hereof for
a more particular description of the above described lots.
There is also conveyed an easement or right of way for the purpose of
ingress and egress to and from the Atlantic Ocean along a 25 foot parcel of
land opposite Lake Drive and between U.S. Highway 158 Business and the
Atlantic Ocean.
The qurpose of this conveyance is to sever the tenancy by the entirety in the
property described herein pursuant to N.C.G.S. 39-13.3(c) and to vest sole title in
the name of the Grantee, and to allow Grantee to henceforth convey and encumber said
property or any portion thereof without the consent or joinder of Grantor. Grantor
hereby relinquishes: (1) All rights to administer the Grantee's estate as provided in
N.C.G.S. 28A-4-1 with respect to the real property described herein; (2) All right of
intestate succession to the Grantee's estate as provided in N.C.G.S. 29-14; (3) The
right to an elective life estate in the Grantee's estate as provided in N.C.G.S.
29-30; (4) The right to dissent from Grantee's will as provided in N.C.G.S. 30-1; and
(5) The right to a year's allowance in the Grantee's estate as provided in N.C.G.S.
30-15. It is the intention of the parties hereto that the property described herein
shall be considered separate property of the Grantee pursuant to the Equitable
Distribution Act (N.C.G.S. 50-20) and Grantor relinquishes all right or claim to said
property provided in said Act.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee In fee simple forever.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in
fee simple, that he has the right to convey the same in fee simple, that title is
marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
r.

1 aSf'
. rt:
795Pc0618
1. Exception is taken to deeds of trust, easements and restrictions of record in
the Dare County Registry of Deeds.
2. Exception is taken to ad valorem real property taxes for years subsequent to the
' year 1991.
IN WITNESS WHEREOF, the Grantor
first above written.
has hereunto set her hand and seal, the day and year
YSEAL)
Etta P. McDonald
8. ARCHB
23fffiiffifii2tiSiii223SZYii iii#Zitiiiiiff
3Y2fi#####iiiYiti#3###Y„i 3 k
i VAN
STATE OF Nord Carolina
st
CITY/COUNTY OF Daree
'• I, Jams a. Arcbbell
aforesaid, certify that Etta
'/
a Notary Public of the Cit C C;BL-;i VSt-e
P. MaDonala
personally appeared before me this day and acknowledged the execution of the
foregoing instrument. Witness my hand and official stamp or seal, this 1 day
of April , 19 92
(SEAL)
NAhry Public
My commission expires: 9117/92
f#Zifi#i#SiitikiYii{iif
�{ie foregoi certificayes of jexi ac1�iZ (1 lL� �nkcxc
is/are certi ied to be correct. This instrument and this certificate are duly
registered at the date and time and in the Book and Page shown on the first page
hereof.
` Register of Deeds for County
By: io inc..n
i-y/Assistan Register of Deeds

5-23-2013 RECEIVED
AUG 5 2013
AGREEMENT FOR PURCHASE AND SALE
��jg OF REAL PROPERTY
w..RE LTO Casolrna As sociation''n,�y Q—WARP, 9
o/REACTORS' 1 �. `*.,d
THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"� is by and between THOMAS G.
HADDON IV and wife, DONNA LEE HADDON or ASSIGNS ("Buyer"), and OCEAN COMMERCE PARK, LLC and
OCEAN COMMERCE PARK CENTER PARTNERSHIP ("Seller's.
FOR ANDIN CONSIDERATION OF'IIIEMUIUALPROMISFS SETFORTHMEIN AND OTHER GOOD AND VALUARI.F.
CONSIDERATION, THE RECEIPr AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
Section L. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth
adjacent to each term.
(a) "Property": (Address)
Plat Reference: Lot(s) , Block or Section as shown on Plat Book or
Slide at Page(s) County, Consisting of
acres.
x If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and
incorporated herewith by reference,
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal
property, if any, itemized on Exhibit A.
(b) "Purchase Price" shall mean the sum of
payable on the following terms:
$10,000.00 (i) "Earnest Money" shall mean Ten Thousand Dollars or terms as follows:
Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money
shall be promptly deposited in escrow with Homthal, Riley, Ellis & Maland, LLP (name of
person/entity with whom deposited), to be applied as part payment of the Purchase Price of
the Property at Closing, or disbursed as agreed upon under the provisions of Section 10
herein.
❑ ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY
BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (CHECK
ONLY one box)
❑ ANY INTEREST EARNED THEREON SHALL BE APPLEID AS PART PAYMENT
❑ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN
CONSIDERATION OF THE W[PEKSES INCURRED BY MAINTAINING SUCH ACCOUNT AND
RECORDS ASSOCIATED THEREWITH,
S (See Section 6 of
Exhibit B) (ii) Proceeds of a new loan in the amount of
Dollars
for a term of years, with an amortization period not to exceed years, at an
interest rate not to exceed % per annum with mortgage loan discount points not to exceed
_ % of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall
pay all costs associated with any such loan.
$ (See Section 11 of
/ clof l2
Dwyer initial' Seller initlal _� STANDARD FORM1
Revised I120r2a11

5-23-2013
ExhibitB)_ (iii) Delivery of a promissory no said promissory note in the amount of
Dollars being payable over a term of years, with an amortization period of
years, payable in monthly installments of principal, together with accrued interest on the
outstanding principal balance at the rate of - percent
( %) per annum in the amount of $ , with the first principal
payment beginning on the first day of the month next succeeding the date of Closing, or such
other terms as may be set forth on Exhibit B. At any time, the promissory note may be
prepaid in whole or in part without penalty and without further interest on the amounts
prepaid from the date of such prepayment
$-0- (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property,
such obligation having an outstanding principal balance of $ and evidenced by a note
bearing interest at the rate of percent
e/n) per annum, and a current payment amount of $ . The
obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume
the existing loan described above. If such assumption requires the lender's approval, Buyer
agrees to use its best efforts to secure such approval and to advise Seller immediately upon
receipt of the lender's decision. Approval must be granted on or
before . On or before this date, Buyer has the right to terminate this
Agreement for failure to be able to assume the loan described above by delivering to Seller
written notice of termination by the above date, time being oftbe essence If Buyer
delivers such notice, this Agreement shall be null and void and Earnest Money shall be
refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have
waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer shall
pay all fees and costs associated with any such assumption, including any assumption fee
charged by the lender. At or before Closing, Seller shall assign to Buyer all interest of Seller
in any current reserves or escrows held by the lender, any property management company
and/or Seller, including but not limited to any tenant improvement reserves, leasing
commission reserves, security deposits and operating or capital reserves for which Seller
shall be credited said amounts at Closing.
(v) Cashes balance of Purchase Price, at Closing in the amount of uH to
t�i ri'ePe'ii�
(c) "Closing" shall mean the date and time of recording of the deed. Closing shall occur on or before 30 days after
the end of the Examination Period.
(d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller.
(e) " Examination Period" shall mean the period beginning on the Contract Date and extending through 90 days
after the Contract Date.
TIME IS OF THE ESSENCE AS TO THE EXAMINATIONPERIOD.
(f) "Broker(s)" shall mean:
Agency"),
Agent" License #
Acting as: o Seller's Agent; ❑ Dual Agent
And NONE ('Selling Agency"),
NONE ("Selling Agent" License #
Acting as: ❑ Buyer's Agent ❑ Seller's (Sub) Agent; ❑ Dual Agent
(g) "Seller's Notice Address" shall be as follows: do Richard Gorham, 6504 Briarnlore Lane, Alexandria, VA
22310 except as same may be changed pursuant to Section 12.
(h) "$uvee Naltice Address" shall be as follows: PO Box 1808, Nags Head, NC 27959,
except as sera may be changed pursuant to Section 12.
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(i) If this block is marked, additional terms of the Agreement are set forth on Exhibit B attached hereto and
incorporated herein by reference. (Note: Under North Carolina Law, real estate agents are not permitted
to draft conditions or contingencies to this Agreement)
Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the
Property for the Purchase Price.
Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar
year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached
Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other
documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any
deferred or rollback taxes, and other conveyance fees or taxes required by law, and the following: See Exhibit B.
Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or
investigations undertaken by Buyer under this Agreement and the following. any and all costs and expenses regarding
permits, licenses, drawings, or other requirements for the expansion of the condominium as set out in Exhibit B.
Each party shall pay its own attorney's fees.
Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer within thirty (30) days after the Contract
Date copies of all information relating to the Property in possession of or available to Seller, including but not limited
to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the
Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title
insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the
Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's
agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for
any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to Buyer
pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, provide to Seller copies
of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and
other information relating directly to the property prepared by or at the request of Buyer, its employees or agents, and
shall deliver to Seller, upon the release of the Earnest Money, copies of the foregoing without any warranty or
representation by Buyer as to the contents, accuracy or correctness thereof.
Section 5. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear
of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases
(if applicable) and (0) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of
the Examination Period ('Ternitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing,
any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or
statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property
listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be
unreasonably withheld, conditioned or delayed.
Section 6. Conditions: (See Exhibit B) This AgFeement and the Fi ts- and --ebtigntien; of the -parties -undert his
AgFeement am befeby made expFassly eanditiened upon f6ifilknent (eF waiveF by Buyer-, whether explioit eF implied) a
the fellevAne
... mr._ Buyer must be able ._ _brain t, lean, if a... Fee _,.__..a in a,._ •en vu(^)
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STANDARD FORM 560-T
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h title defeats and cgieeptions, in no ease later than the end gf the
Mupea�Buyer;ql;�Jll be
entitled to Feeeffive, in addition te-the44epeFty;
WiRII IIMIIF � it iYi I 11
Section 7. Leases (Check one of the following, as applicable):
❑ If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as .
hereinafter defined) affecting the Property.
x If this box is checked, Seller disclosed that there are one or more leases affecting the Property (oral or
written, recorded or not "Leases") and the following provision are hereby made a part of this Agreement.
(a) All Leases shall be itemized on Exhibit B;
(b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed
therein;
(c) Seller represents and warrants that as of the Contract Date there are no current defaults, (or any existing
situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant
could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the
event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of
the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract
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Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or
threatened to be asserted by either Seller or a tenant under the Lease.
(d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and
obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's
interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and
acknowledgement, if required under the Lease), and Seller agrees to use its best efforts to effect such assignment
Any assignment required under this Section 7 shall lie required to be delivered at or before Closing by Seller in addition
to those deliveries required under Section 11 of this Agreement
(e) Seller, agrees -to deliver an assignment of any Lease at or before Closing, with any security deposits held
by Seller under any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and
deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and
subordination, nondisturbance and attomment agreements in such forts as Buyer may reasonably request
Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or
disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic
waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those
substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49
CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and
amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable
local, state or federal taw, including, without limitation, any material, waste or substance which is (i) petroleum, (ii)
asbestos, (iii) polychlorinated biphenyls, (ivy designated as a Hazardous Substance pursuant to Section 311 of the Clean
Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C.
§ 1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of
1976 (42 U,S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section I01 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge
of any contamination of the Property from such substances as may have been disposed of or stored on neighboring
tracts.
Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as
otherwise provided herein, shall be home by Seller, except as to maintaining the Property in its same condition,
Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto
agree in writing.
Section 10. Earnest Money Disbursement: In the event that any of the conditions hereto are not satisfied despite the
Seller's best efforts, and except as provided otherwise in Sections 1(g), 4 and 5 of the Exhibit B, $2,500 of the Earnest
Money shall be paid to Seller and the balance shall be returned to Buyer. In the event of a breach of this Agreement by
Seller, the full $10,000 in Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies
available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the
Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such
breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in
escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money in its trust or
escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is
ordered by a court of competent jurisdiction, or alternatively, the party holding the Earnest Money may deposit the
disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12.
Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a general warranty deed unless otherwise
specified. on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions,
including without limitation, a bill of sale for any personalty listed on Exhibit A, an owner's affidavit, lien waiver
forms and a non -foreign status affidavit (pursuant to the foreign Investment in Real Property Tax Act), and Buyer
shall pay to Seiler the Purchase Price. At Closing, the Earnest Money shall be applied as part of the Purchase Price, The
Closing shall be conducted by Buyer's attorney or handled in such other mariner as the parties hereto may mutually
agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and
other fiords to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place.
Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are
required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed
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to have been properly given and received on the date delivered in person or deposited in the United States mail,
registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller and in Section 1(h)
as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith.
Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto
and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto.
Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such
signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not
required for effective communication for the purposes of this Section 14. This Agreement shall be binding upon and
inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with Laws:
(a) Seller Knowledge: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with
respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes
contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special
assessments, either pending or con5mted, for sidewalk, paving, water, sewer, or other improvements on or adjoining the
Property, and no pending or confirmed owners' association special assessments, except as follows (Insert 'None" or the
identification of any matters relating to (i) through (iv) above, if any):
Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been
approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable
at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a
governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the
date of Closing, if arty, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any.
Seller represents that the regular owners' association dues, if any, are $1,860.00 per year.
(b) Compliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances,
regulations, statutes, odes and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will
not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the
Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound;
and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the
Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding.
Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements
made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months
after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents
and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively
transfer to Buyer the Property described herein in accordance with this Agreement.
Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is
located. This form has only been approved for use in North Carolina.
Section 18. Assignment: This Agreement is freely assignable to any entity owned and controlled by Buyer. Otherwise,
this Agreement may not be assigned by Buyer without the express written consent of Seller, which consent shall not be
unreasonably withheld.
Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to effect a tax -deferred exchange in
connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange;
provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange,
and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -
deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging party, as
shall be required to give effect to this provision.
Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of
contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as
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either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically
terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum
(which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall
be home by the party requesting execution of same.
Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to
sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this
Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party.
Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indenmify and hold each other
harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying
Party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to
each other that: (1) except as to the Brokers designated under Section I(I) of this Agreement, they have not employed nor
engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of
the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the
Buyer and/or the Seller.
❑ EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad
previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as '%IFS': or
"synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its
own independent determinations with respect to conditions related to or occasioned by the existence of such materials at
the Property.
THE NORTH CAROLINA ASSOCIATION OF REALTORSS, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE
NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY
SPECIFIC TRANSACTION IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR
LEGAL NEEDS, YOU SHOULD CON LTA
TAA ORTB CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IIT.
BUYER: c/'Ja w� G P1`L�•�� Date: 6 7 �I&i
omas G. Haddon N " T�
BUYER: yt..G— ` ! Date: l(/
Donna Lee Haddon
Ocean Commerce Park, LLC
SELLER: By:--�,J�
Ocean Commerce Park Center Pa
SELLER: By:
The undersigned hereby acknowledges recet
Money in accordance with the terms hereof.
Date:
`A
Earnest Money set
S2�(3
agrees to hold said Earnest
Horothal, Riley, Ellis & Maland, LLP
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EXHIBIT A
All of Unit Numbers 3, 4, 6, 7, 8, 9, 10, 11, 12,13,14, 15, 16, 17,18, 19 and 20 of the condominiums known as Ocean
Commerce Park Condominiums, created acoording to North Carolina General Statutes, Chapter 47C, a Declaration of
Condominiums recorded in Book 702, Page 269, which plats and plans recorded in Unit Ownership File 4, Pages 303-
306 (the "Condominium Plats"), all of such references to the Dare County Public Registry, together with the undivided
interests in the common properties and amenities appurtenant to such units as described in the Declaration.
There is also conveyed any and all special declarant rights as same may be expanded or amended held by Ocean
Commerce Park Center Partnership and/or Ocean Commerce Park, LLC pursuant to Ocean Commerce Park
Condominiums Declaration recorded in Book 782, Page 269, Dare County Registry as same may be amended. Same
A includes but is not limited to the undeveloped portion of the condominium property shown and depicted on the
Condominium Plats as "undisturbed area" and the area adjacent to the cul-de-sac.
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EXHE3IT B
ADDITIONAL TERMS TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This Agreement is expressly contingent upon the following terms and conditions:
Condominium. The Ocean Commerce Park Condominiums Declaration recorded in Book 782, Page 269, Dare
County Registry must be amended pursuant to unanimous vote of existing unit owners as follows:
(a) The expanded declarant and development rights as hereinafter set out must be transferrable to Buyer at
closing by recordable assignment of declanmUdevelopment rights.
(b) The declarazn's right to construct additional condominium units and the time within which to do so
must be extended and increased to allow declarant to construct an additional building on existing
common area owned by the current owners ofthe condominium provided, however, that any such
building containing up to nine (9) additional condominium units constructed shall not limit nor hinder
the number of parking spaces now utilized by the owners and occupants of the existing twenty
condominium units. .
(c) Such other and finther amendments as may be mutually agreed upon by Buyer and Seller.
(d) The final draft of any and all amendments desired by Buyer as set forth herein shall be provided to
Seller by Buyer within five (5) days of Contract Date. The date of actual delivery to Seller of Buyer's
final drift of the amendment shall be referred to as the "Amendment Draft Delivery Date."
(e) Seller shall be responsible for seeking signatures for the amendment from all of the existing unit
owners and the condominium association.
(f) If Seller and Buyer are ratable to agree on the terms and provisions of the proposed condominium
declaration amendment within 30 days after the Amendment Draft Delivery Date, Buyer may
terminate this Agreement, with Seller retaining $2,500 of the Earnest Money Deposit and the
remainder of the Earnest Money Deposit being paid to the Buyer.
(g) If the Buyer and Seller agree on the terms and provisions of the declaration amendment, and if the
Seller is unable to obtain the signatures of all of the existing unit owners and the condominium
association within 30 days after the Amendment Draft Delivery Date, Seller shall so notify Buyer, and
in any event Buyer may elect to terminate this Agreement and receive a refund of all of the Earnest
Money Deposit -
2. Leases. The leases affecting the Property are shown on Exhibit I attached hereto and shall be assigned to
Buyer.
3. Subsequent Sate Condition. There shall be a condition precedent that Buyer must have in place prior to the
end of the Examination Period a signed and binding contract with a third party purchaser for the purchase of all or a
portion of the undeveloped portion of the condominium properly on term that are satisfactory to Buyer in all respects.
4. Power Line Eneambrance. There shall be a condition precedent of this Agreement that Seller shall cause the
power line crossing the undeveloped portion of the condominium property to be relocated such that the undeveloped
portion of the condominium property may be developed unencumbered by such power line. Within 30 days after the
Contract Date, Seller shall use best efforts to secure from Dominion Power a letter setting forth Dominion Power's
commitment (the "Dominion Letter') to relocate such power line. Seller shall use best efforts to cause the Dominion
Letter to include the cost to the Seller of such relocation, and the time period such cost shall be effective. Seller sball
provide to Buyer a copy of the Dominion Letter within three (3) business days of Seller's receipt of same. If the cost
estimate received by Seller from Dominion Power exceeds $ 10.000 Seller shall have the right to terminate this
Agreement within 30 days after the Contract Date, in which case Buyer shall be entitled to a refund of all of the earnest
money deposit If Seller does not terminate this Agreement under this Paragraph 4 within 30 days after the Contract
Date, Seller shall cause the power line relocation to be completed after the Buyer's Examination Period has expired but
before the Closing Date, and shall be at Sellers sole cost and expense. If such relocation cannot be performed by
Dominion prior to the Closing Date, Seller agrees to escrow with the Buyers attorney a stun equal to 125% of the written
cost estimate from Dominion Power coined in the Dominion Letter to relocate the power line, and in such case Seller
and Buyer shall cooperate with each other to effect the power line relocation as soon as possible after Closing. Unless
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the Seller terminates this Agreement under this Paragraph 4, this Paragraph 4 shall survive Closing until the power line is
relocated to Buyers commercially reasonable satisfaction and until the relocation work is paid in full by Seller.
5. Hazardous Materials. If Buyer procures a Phase I environmental inspection (or similar environmental
inspection report) (the "Phase I Report'j during the Examination Period, Buyer shall deliver to Seller a copy of the Phase
I Report. At the time Buyer delivers to Seller a copy of the Phase I Report, Buyer shall advise Seller in writing (the
Buyer's Environmental Notice") whether Buyer requires Seller to remove some or all existing hazardous materials or
substances identified by the Phase I Report. The date on which Seller receives the Phase I Report and the Buyer's
Environmental Notice may be referred to herein as the Environmental Notice Date. Seller shall have 15 calendar days
after the Environmental Notice Date to review same. If cost estimates received by Seller in writing to perform the
environmental remediation work required by Buyer in the Buyers Environmental Notice exceeds S 10.000 . and if
Seller delivers to Buyer a copy of the written cost estimate for the remediation procured by Seller, Seller shall have the
right to terminate this Agreement within 15 calendar days after the Environmental Notice Date, in which case Buyer
shall be entitled to a refund of all of the earnest money deposit If Seller does not terminate this Agreement under this
Paragraph 5 within 15 days after the Environmental Notice Date, Seller shall cause the environmental remediation to be
performed after the Buyer's Examination Period has expired but before the Closing Date, and shall be at Seller's sole
cost and expense.
6. Examination Period. Section 6 of the Agreement shall be deleted in its entirety and replaced with the
following new Section 6. All references in this Agreement to any provision of Section 6 shall mean the Section 6 set
forth in this Exhibit B as follows.
6. BUYER'S EXAMINATION PROCESS:
(a) Commercial Loan: During the Examination Period, Buyer, at Buyer's expense, shall be entitled to pursue
qualification for and approval of a commercial loan with a third party lender.
(NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Examination Period
allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to
decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract.)
(b) Property Investigation: During the Examination Period, Buyer or Buyer's agents or representatives, at Buyer's
expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of
the Property as Buyer deems appropriate, including but NOT limited to the following:
(i) Inspections: Inspections to determine the condition of any improvements on the Property, the presence of
unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property,
the presence of asbestos or existing environmental contamination, evidence of wood -destroying insects or damage
therefrom, and the presence and level of radon gas on the Property. Buyer shall conduct all such Inspections of the
Property in a good and workmanlike manner. Buyer shall make reasonable efforts to undertake on -site inspections
outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry onto
any tenant's portion of the Property for the purpose of conducting inspections. Buyer shall also have a right to review
and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review
such books and records of Seller that relate directly to the operation and maintenance of the Property, provided,
however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required
by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders
and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality.
(ii) Soil, Utilities And Environmental: Reports to determine whether the soil is suitable for Buyer's intended use
and whether there is any environmental contamination, law, role or regulation that may prohibit, restrict or limit Buyer's
intended use.
(iii) Septic/Sewer System: Any applicable investigation(s) to determine: (1) the condition of an existing sewage
system, (2) the costs and expenses to install a sewage system approved by an existing bnprovement Pemdt, (3) the
availability and expense to connect to a public or community sewer system, and/or (4) whether an Improvement Permit
or written evaluation may be obtained from the County Health Department for a suitable ground absorption sewage
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(iv) Watec Any applicable investigation(s) to determine: (1) the condition of an existing private drinking water
well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3)
the availability, costs and expenses to connect to a public or community water system, or a shared private well, and/or
(4) whether a Construction Permit may be obtained from the County Health Department for a private drinking water
well.
(v) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation,
Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision.
(vi) Insurance: Investigation of the availability and cost of insurance for the Property.
(vii) Appraisals: An appraisal of the Property.
(viii) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of
easements, setbacks, property boundaries and other issues which may or may not constitute title defects.
(ix) Zoning and Governmental Regulation: Investigation of current or proposed zoning or other governmental
regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road
construction, and school attendance zones.
(xi) Flood Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase
flood insurance in order to obtain the Loan.
(c) Repair/Improvement Negotiations/Agreement.• The panties acknowledge and understand that they may, but
are not required to, engage in negotiations for repairs(improvements to the Property. Buyer is advised to make any
repair/improvement requests in sufficient time to allow repairhmprovement negotiations to be concluded prior to the
expiration of the Examination Period. Any agreement that the parties may reach with respect to repairs/improvements
shall be considered an obligation of the parties and is an addition to this Agreement and as such, must be in writing and
signed by the parties.
(d) Buyer's Obligation to Repair Damage from Inspections: Buyer shall, at Buyer's expense, promptly repair
any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall
not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional performing
reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive
any termination of this AgreemenL
(e) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which
shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and
Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pre-
existing conditions of the Property and/or out of Seller's negligence or willful arts or omissions. This indemnity shall
survive this Agreement and any termination hereof.
(f) Buyer's Right to Terminate: Buyer shall have the right to terminate this Agreement for any reason or no
reason, by delivering to Seller written notice of terninstien{the "Termination Notice'l during the Examination Period
(or any agreed -upon written extension of the Examination Period), 77ME BEING OF THE ESSENCE. If Buyer timely
delivers the Termination Notice, this Agreement shall be terminated and, except as provided in Section 1(g) of the
Exhibit B, $2,500 of the Earnest Money Deposit shallfb'e paid to the Seller and the remainder of the Earnest Money
Deposit shall be refunded to Buyer.
WARNING: If Buyer is not satisfied with the results or progress of Buyer's Examination, Buyer should terminate this
Agreement, prior to the expiration of the Examination Period, unless Buyer can obtain a written extension from Seller.
SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the.
Property following the expiration ofthe Examinatiod Period, Buyer's failure to deliver a Termination Notice to Selfer
prior to the expiration of the Examination Period shall constitute a waiver by Buyer of any right to terminate this" _
Agreement based on any matter relating to Buyer's Namination. Provided however, following the Examination Period,
Buyer initial LJp_,�yJ Shca initial STANDARD FORM 580-T
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5-23-2013
Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under this
Agreement or for any other reason. permitted under the terms of this Agreement or North Carolina law.
7. Tenant Subordination. If required by Buyer's lender, Seller shall procure from each Tenant and deliver to
Buyer before closing a subordination, non -disturbance and attorment agreement signed by each tenant of Seller located
on the Property.
8. Buyer Contact with Tenants. Buyer shall have the right to meet with all tenants on the Property during the
Examination Period with Buyers advance notice to each tenant.
9. Condominium Association Documents and Records. Seller shall provide to Buyer within 20 days after the
Contract Date, copies of all Condominium and Condominium Association documents and records (including but not
limited to corporate and financial records) in the possession of Seller or reasonably available to Seller.
10. Amendments to Condominium Governing Documents. Seller shall reasonably cooperate with Buyer to
execute and assist with the procurement of signatures of all members in the condominium association for one or more
amendments to the condominium declaration that will accommodate Buyer's plans to develop and sell the undeveloped
portion of the condominium property. Such amendments may include but not be limited to, (a) the creation of new
common elements and limited common elements, and (b) changes to existing common elements, limited common
elements, voting rights, and common expense allocations.
it. Seller Financing. If requested by Buyer prior to Closing and subject to Buyer providing to Seller reasonable
credit application and financials acceptable to Seller, Seller agrees to provide to Buyer seller financing up to $300,000 of
the purchase price, financed by Seller at an interest rate of six percent (6%) per annum, amortized for 360 months, with a
balloon at the 18th month. The amount financed shall be evidenced by an unsecured promissory note executed by Buyer
and any entity to which the Agreement is assigned. The first principal payment shall begin on the fast day of the month
next succeeding the date of Closing. At any time, the promissory note may be prepaid in whole or in part without
penalty and without further interest on the amounts prepaid from the date of such prepayment -
The forms of the note shall be the currently -approved North Carolina Bar Association form, with the default paragraph in
the Note form being replaced with the following revised default paragraph: "In the event of default in payment of any
installment of principal or interest hereof as the same becomes due, and such default is not cured within fifteen (15) days
after written notice to maker, then in either such event the holder may without further notice, declare the remainder of the
principal sum, together with all interest accrued thereon and, the prepayment premium, if any, at once due and payable.
Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any other time. The unpaid
principal of this Note and any part thereof accrued interest and all other sums due under this Note, if any, shall bear
interest at the rate of six percent (694) per annum after default until paid."
12. Time is of the Essence. Time is of the essence as to all dates and time periods stated in this Agreement.
Buya initial � / V Se11a initial
STANDARD FORM 580-T
Rmised 12011