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HomeMy WebLinkAboutSW8080622_HISTORICAL FILE_20160330STORMWATER DIVISION CODING SHEET POST —CONSTRUCTION PERMITS PERMIT NO. SW8 0(gou 22 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS © HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE rL�\�o 033c� YYYYMMDD SOSID: 1395162 \ 0 Date Filed: 3/7/2016 11:59:00 PM Elaine F. Marshall 0 LIMITED LIABILITY COMPANY ANNUAL REP North Carolina Secretary of State C2016 061 01716 NAME OF LIMITED LIABILITY COMPANY: HPI TIdeS LLC Fictitious Name, It any, used in North Caroline: SECRETARY OF STATE ID NUMBER: 1395162 STATE OF FORMATION: DE REPORT FOR THE YEAR: 2016 SECTION A: 1. NAME OF REGISTERED AGENT: Vcorp Services, LLC 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS A COUNTY Penmarc Dr # 118 RII,p OatwtheQy Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 120 Penmarc Dr # 118 Raleigh, NC 27603 Wake Raleigh, NC 27603 Wake • : , • n:y •:,,: •, 1. DESCRIPTION OF NATURE OF BUSINESS: Mulii-Family Apamaal Complex 2. PRINCIPAL OFFICE PHONE NUMBER: 860-598-4300 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 2 Huntley Road Old Lvme. CT 06371 New London 5. PRINCIPAL OFFICE MAILING ADDRESS 2 Huntley Road Old Lyme, CT 06371 New London SECTION C: COMPANY OFFICIALS (Enter additional Company Officials In Section E.) NAME: J. David Kelsey NAME: Matthew Sharp NAME: TITLE: M=W TITLE: Manager TITLE: ADDRESS: 2 Huntley Road ADDRESS: 2 Huntley Road ADDRESS: Old Lyme, CT 06371 Old Lyme, CT 06371 SECTION D: CERTIFICATION OF ANNUAL REPORT, Section D must be completed In Its entirety by a person business entity. ✓// a- I�-ram GNATURE DATE Fan met be slInecl by a Copmparry I/Ibtae unea Section C of thb Mxm. Prato or Type rune of Caapeny, Official Print or type The Tide of the Company 011lrJal ❑A SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $no MAIL TO: Secretary of Slate. Corporations Division, Post Onra Box 29625, Raelgh, NC 27629-0525 SOSID: 1395162 Date Filed: 3/7/2016 1:26:00 PM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C2016 061 01716 Department of the Secretary of State APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: L The name of the limited liability company is H PI Tides LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is Delaware 3. Principal office information: (Select either a or b) a. Fal The limited liability company has a principal ooffice.The principal office telephone number: 860-598-4300 The street address and county of the principal office of the limited liability company is: Number andstreet:2 Huntley Road City: Old Lyme State: CT ZipCede:06371 County: New London The mailing address, if different from the street arldress, of the principal office of the corporation is: Number and Street: City: State:_ Zip Code: County: b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: Vcorp Services, LLC The street address and county of the registered agent's office in the State of North Carolina is: Number and Street:120 Penmarc Drive, #118 Raleigh State: NC Zip Code:27603 County: Wake 6. The North Carolina mailing address, !f different from the street address, of the registered agent's office in the State of North Carolina is: Number and State: NC Zip Code: County: CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2014) (Form L-09) APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) Name and Title J. David Kelsey Maaaget. Matthew Sharp Manager• Business Address 2 Huntley Road, Old Lyme, CT 06371 2 Huntley Road, Old Lyme, CT 06371 S. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months aid A photocopy of the certification cannot be accepted 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attach Privet, Redaction 10. (Optionao:. Please provide a business c-mail address: L, The Secretary of State's Office will e-mail the basin ess automatically at Inc Bacress provided above at no cost when a document ®,•p is filed. The e-mail provided will not he viewable on the website. For more information on why thisservice is offered, please sec the instructions for this document. O 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This the 2nd day of February . 20 1E �{ PT i I 1_0� L- t- c-- / Name of Limited Liability Compatky •// Sign ahaeo ompnnvOcinl Type or Print NdnJ and Title Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2014) (Form L-09) Delaware Page The First State 1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "HPI TIDES LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE.SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE SEVENTEENTH DAY OF FEBRUARY, A.D. 2016. AND / DO HEREBY FURTHER CERTIFY THAT THE SAID "HPI TIDES LLC" WAS FORMED ON THE FOURTH DAY OF AUGUST, A.D. 2014. AND 1 DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. 5580205 8300 1/ SR# 201608W242 You may verify this certificate online at corp.delaware.gov/authver.shtml nrtrq w;eaac�, aevn.na_sx� .. Authentication:201845266 Date: 02-17-16 t LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: FIR Tides LLC Fictitious Name, It any, used in North Carolina: SECRETARY OF STATE ID NUMBER: 1395162 .STATE OF FORMATION: DE REPORT FOR THE YEAR: 2016 SECTION A: REGISTERED AGENT'S INFORMATION . 1. NAME OF REGISTERED AGENT: Vcorp Services, LLC 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS 8. COUNTY 120 Penmarc Dr # 118 Raleigh, NC 27603 Wake SECTION B: PRINCIPAL OFFICE INFORMATION Fang or" tka Only ® Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 120 Penmarc Dr # 118 Raleioh, NC 27603 Wake 1. DESCRIPTION OF NATURE OF BUSINESS: Mulli-gamily Apnrlmutl Complex 2. PRINCIPAL OFFICE PHONE NUMBER: 860-598-4300 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 3. PRINCIPALOFFICE EMAIL: InO Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 2 Huntley Road 2 Huntley Road Old Lyme, CT 06371 New London Old SECTION C: COMPANY OFFICIALS (Enter additional Company Officials In Section E.) NAME: J. David Kelsey NAME: Matthow Sharp TITLE: CT 06371 New London NAME: TITLE: Manager TITLE: ADDRESS: 2 Huntley Road ADDRESS: 2 Huntley Road ADDRESS: Old Lyme, CT 06371 Old Lyme, CT 06371 SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed In Its entirely by a personlbusiness entity. ✓// a- IZ-ice GNATURE DATE Form nnxst be a nod by a Company Unl listed under Secaon C of this loam. Pant or Type Name of Company Omclal Print at Type The Title of the Company Oaklal EVE SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF S200 MAIL TO: Seuetary of State. Corporations Division, Post Office Box 20526. Raleigh. NC 27625-0525 Hall, Christine From: Hall, Christine Sent: Thursday, March 17, 2016 5:01 PM To: 'Bridget Chase' Subject: RE: Calabash Town Center - SW8 080622 Bridget, The attached documents were for HPI Tides Land, LLC, but a quick check with the SOC confirmed that HPI Tides LLC was in fact now in good standing. I only took a quick glance at the form, but it seems ok. One note, please just confirm on the submitted documents whether or not you are seeking to change the project name. I see a new name listed on the form you attached to your e-mail. Thanks, Christine Christine (Nelson) Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 othing • •, t I, LIT I I Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bridget Chase [mailto:chase@hamiltonptinv.com] Sent: Thursday, March 17, 2016 2:06 PM To: Hall, Christine <Christine.Hall @ncdenr.gov> Subject: Re: Calabash Town Center - SW8 080622 Christine, We received the documentation that HPI Tides LLC is now in good standing, see attached. As far as the Permit Ownership Change Form, you indicated that we just had to fill out the additional entity information for HPI Tides. Do we have to get anything re -certified by the previous owner. See attached and let me know if that's satisfactory and I will mail you the originals. On Tue, Mar 1, 2016 at 3:09 PM, Bridget Chase <chasena..hamiltonptinv.com> wrote: Christine. Thanks very much. It turns out we submitted the paperwork to the Secretary of State on 2/17/2016. I guess they are super back -logged. They said "hopefully,' we'll have the status changed in a few weeks. They wouldn't give me any more detail. Sincerely. Bridget Bridget A. Chase Vice President Acquisition. Disposition & Financing 1-Itunihon point Investments 2 Huntley Road Old Lyme. CT 06371 860598.5208 www. hami Ilonutinv.com HAMILTON POINT INVESTMENTS From: Hall, Christine [mailto:Christine. Hal l(c ncdenr.gov] Sent: Tuesday, March 01, 2016 2:52 PM F. Hall, Christine From: Bridget Chase <chase@hamiltonptinv.com> Sent: Tuesday, March 01, 2016 3:10 PM To: Hall, Christine Subject: RE: Calabash Town Center - SW8 080622 Christine, Thanks very much. It turns out we submitted the paperwork to the Secretary of State on 2/17/2016. 1 guess they are super back -logged. They said "hopefully" we'll have the status changed in a few weeks. They wouldn't give me any more detail. Sincerely, Bridget Bridget A. Chase Vice President Acquisition, Disposition & Financing Hamilton Point Investments 2 Huntley Road Old Lyme, CT 06371 860.598.5208 www.hamiltonptinv.com HAMILTON POINT INVESTMENTS From: Hall, Christine [ma ilto:Christine. HaI ncdenr.clov] Sent: Tuesday, March 01, 2016 2:52 PM To: Bridget Chase Subject: RE: Calabash Town Center - SW8 080622 Thank you Bridget. I'll look for the information to be submitted prior to March 11, 2016. As you work to address the items, please let me know if you have any questions. Thanks again, Christine Christine (Nelson) Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct ch ristine. hall(@@ncdenr.gov T27 Cardinal Drive Ext. Wilmington, NC 28405 "'Nothing Compares — Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bridget Chase[mailto:chase@hamiltonptinv.com] Sent: Monday, February 29, 2016 4:59 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: Calabash Town Center - SW8 080622 Christine, My apologies, the January 25, 2016 letter must have gotten lost in the shuffle or was never received. I am working on getting you this additional information, but would like to request a 2 week extension to allow for enough time. Thank you for all your help in this matter - Sincerely, Bridget Bridget A. Chase Vice President Acquisition, Disposition & Financing Hamilton Point Investments 2 Huntley Road Old Lyme, CT 06371 860.598.5208 www.hamiltonptinv.com HAMILTON POINT INVESTMENTS Hall, Christine From: Hall, Christine Sent: Monday, February 29, 2016 1:41 PM To: ' kelsey@ ha mi lton pti nv.com' Subject: RE: Calabash Town Center - SW8 080622 Attachments: 2016 01 addinfo 080622.pdf Mr. Kelsey, Can you please advise me of the status of the additional information requested on January 25, 2016 in regards to the transfer request for Calabash Town Center stormwater permit (no. SW8 080622)? The requested information was due on Friday and I haven't seen anything come in yet. I've attached a copy of the letter from our server in case it helps. Thanks, Christine Christine (Nelson) Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall(ailncdenr.00v 127 Cardinal Drive Ext. Wilmington, NC 28405 -::'�-^Nothinq Compares.-,.._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY January 25, 2016 J. David Kelsey, Manager HPI Tide Lands, LLC 2 Huntley Road Old Lyme, CT 06371 Subject: Request for Additional Information Stormwater Project No. SW8 080622 Calabash.Town Center Brunswick County Dear Mr. Kelsey: PAT MCCRORY Gowmor DONALD R. VAN DER VAART Secretary TRACY DAVIS Dimaor The Wilmington Regional Office received and accepted an application to transfer the State Stormwater Management Permit for Calabash Town Center on November 5, 2016. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. 15A NCAC 02H.1005(h)(3): The Name/Ownership Change Form lists the proposed permittee and assumed property owner as being HPI Tides Land, LLC. However, according to the Brunswick County GIS tool, Lot 6A (which contains the three wet detention ponds) is owned by HPI Tides, LLC and Lot 6B is owned by HPI Tides Land, LLC. A review of the North Carolina Secretary of State (NC SOS) Corporation's Database found that HPI Tides, LLC has a revoked status for failing to file an annual report. Please confirm the intended permittee(s) and ensure that the corporations have an active status with the NC SOC. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to February 26, 2016, or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information, which shall be no later than 30 days past the original due date. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned project number on all correspondence. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at christine.hall@ncdenr.gov. Sincerely, II C"mot )]C a Christine Hall Environmental Engineer GDS/canh: \\\Stormwater\Permits & Projects\2008\080622 HD\2016 01 addinfo 080622 cc: James Myers, Shallotte Partners, LLC Wilmington Regional Office Stormwater File state of North Carolina I Environmental Quality I Energy, Mineml and land Rms s 127 Cardinal Drive Extension I Wilmington, NC 28405 v of n ioa 7 19 T I am 1<A 9017E r I htmd/mnal ncdem.ordweb/b/ NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Vcorp Services, LLC HPI Tides LLC (1395162) 120 Penmarc Dr # 118 Raleigh, NC 27603 State of North Carolina Department of the Secretary of State CERTIFICATE OF REVOCATION .]n CERTIFICATE OF AUTHORITY I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that the Certificate of Authority of HPI Tides LLC to transact business in the state of North Carolina has been revoked pursuant to the procedures set forth in N.C.G.S. Section 57D-7-30(a)(1) for failure to file an annual report effective as of the date set forth hereunder. Foreign Limited Liability Company revoked under N.C.G.S. Section 57D-7-31 may appeal the Secretary of State's revocation of its certificate of authority under the same procedures that a foreign corporation may appeal the revocation of its certificate of authority pursuant to N.C.G.S. Section 55- 15-32 and Section 55-15-33. This the 14th day of January, 2016 4� j 7* Elaine F. Marshall Secretary of State Document Id: C201601424909 Completeness Review Checklist Project Name: µ- "C...Ct-- Received Date: Project Location: Accepted Date: Rule(s) ®zoos Coastal 1:11995 Coastal ®Phase II (WiRO.) ®Universal ®1988 Coastal Type of Permit: New or Mod or PR I Existing Permit # (Mod or PR): fjCert on File? Density: HD or LD %: _❑(% OK?) Type: Commercial or Residential "NCG: ❑Offsite to SW8 r7Exempt Stream Class: EISA Map Subdivided?: Subdivision or Single Lot IMORW Map Paperwork Emailed Engineer on: ®Supplement(s) (1 original per BMP) BMP Type(s): Q&MO with correct/original signatures (1 original per BMP except LS/VFS and sw les) f Application with correct/original signatures eed orp or LLC: Sig. Auth. per SoS or letter Email Address: Design Engineer n J"� ®Email Address: Owner �� ❑Soils Report with SHWT v Note to Reviewer: ®Calculations (signed/sealed) J��� r�� , No obvious errors Density includes common areas, etc !d Restrictions, if subdivided: "Signed & Notarized ❑Correct Template (Co.mm/Res & HD/LD) or Dec. Covenants & Rest. Plans 112 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ®Grading ❑Wetlands: Delineated or No Wetlands ®Vicinity Map Layout (proposed BUA dimensions) El Legend 1:1DA Maps EJ Project Boundaries Infiltration Wet Pond Offsite Soils Report Soils Report ❑PE Cert for Master Lot #: SHWT: ®Deed Rest for Master ❑Lot # Matches Master Bottom: ®SHWT: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) i c °= NORTH CAROLINA -:� Department of the Secretary of State To all whom these presents shall come, Greetings: 1, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of APPLICATION FOR CERTIFICATE OF AUTHORITY HPI TIDES LAND LLC the original of which was filed in this office on the I st day of April, 2015. ECEIVE NOV 0 5 2015 BY: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this Ist day of April, 2015. Scan to verify online. Certification# C201508401396-1 Reference# C201508401396-1 Page:I of4 Secretary of State Verily this certificate online at www.seeretary.state.ne.us/verification State of North Carolina Department of the Secretary of State SOS I D: 1437137 Date Filed: 4/I/2015 2:26:00 PD1 Elaine F. Marshall North Carolina Secretary of State C2015 084 01396 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: I. The name of the limited liability company is HPI Tides Land LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is Delaware 3. Principal office information: (Select either a or 6) a. 0 The limited liability company has a principal office. The principal office telephone number: The street address and county of the principal office of the limited liability company is: Number and Street: c/o Hamilton Point Investments LLC, 2 Huntley Road City: Old Lyme State: CT Zip Code:06371 County: New London The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street: City: State:_ Zip Code: County: b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: Vcorp Services, LLC 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and Street:120 Penmarc Drive, #118 City: Raleigh State: NC ZipCode:27603 County: Wake 6. The North Carolina mailing address, if different from the street address, of the registered agent's office in the State of North Carolina is: Number and City: State: NC Zip Code: County: CORPORATIONS DIVISION P.O. BOX 29622 (Revised January 2014) RALEIGli, NC 27626-0622 (Form L-09) Certificitiunti C2015118401396-1 Reference4 C201508401396-1'vee: 2 of APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment ifnecessaty) Name and Title HPI Real Estate Opportunity Fund III, LLC Business Addrevv c/o Hamilton Point Investments, LLC 2 Huntley Road Old Lyme, CT 06371 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A photocopy of the certification cannot be accepted. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on wily this service is offered, please see the instructions for this document. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This the 16th day of March 2015 HPI Tides Land LLC Name Iof�.L,imited Liability Company (� Sivnaiurr oflPimimmv Official David Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION (Revised Jamany 2014) P.O. BOX 29622 Isey, Member Tvoe or Print Name and Title RALEIGH, NC 27626-0622 (Form L-09) Cortiric:dionN C201511N401396-1 lteferenecN C20150a401396- 1'nce:3 uf4 Defaware PAGE 1 7fie First State I, 7EFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "BPI TIDES LAND LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE SEVENTEENTH DAY OF MARCH, A.D. 2015. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "BPI TIDES LAND LLC" WAS FORMED ON THE SIXTEENTH DAY OF MARCH, A.D. 2015. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE NOT BEEN ASSESSED TO DATE. 5710869 8300 150364516 You may verify this certificate online at corp. delaware.gov/authver.shtml Jeffrey W. Bullock, Secretary of State AUTHEN C TION: 2207671 DATE: 03-17-15 C'ei fiflm,tioek C201508401396-1 KeferenceN C201508401396- l'age: 4 ef4 f• � 3 Revenue Stamps: $ 500.00. Parcel No. 2410000125 ECEDVE NOV 0 5 2015 BY: This Instrument prepared by: The Webster Law Firm, PC. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief Legal Description:; Tract 6B containing 4.9 acres; more or less, in Shallotte Township NORTH CAROLINA WARRANTY DEED THIS DEED, made this L[JL44day of March 2015, by and between . GRANTOR SHALLO7TE PARTNERS-L LLC 6857 Fairview Road, Suite 100 Charlotte, NC 28210-3872 GRANTEE HPI TIDES LAND LLC a Delaware limited liability company 2 Huntley Road Old Lyme, CT 06371 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH: 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, subject to the reservations and restrictions hereinafter stated, all that certain lot or parcel of land situated in Shallotte Township, Brunswick County, North Carolina, and more particularly described as follows: BEING all of Tract 6B containing 4.9 acres, more or less, described on the plat prepared by Norris & Ward Land Surveyors, PA, dated June 8, 2010, Revised June 14, 2010 and June 22, 2010, a copy of which is recorded in Map Cabinet 66 at Page 15 of the Brunswick County Registry, which plat is incorporated herein by reference for a greater certainty of description. Together with and subject to the easements and rights granted in the Access Easement and Connectivity Agreement recorded in Book 3060 at Page 387 of the Brunswick County Registry. For back reference see Book 3032, Page 1185 and Book 2468, Page 1148 of the Brunswick County Registry. Pursuant to N.C.G.S. Section 105-317.2, the mailing address of the Grantor and Grantee are stated above. The property conveyed hereby does not include the primary residence of the Grantor. 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, subject to the reservations and restrictions set out herein. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions herein stated. Title to the property hereinabove described is subject to the applicable restrictions and easements of record, applicable zoning and land use laws, ordinances and regulations and 2015 ad valorem taxes. IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be signed in its company time by its duly authorized officer the day and year first above written. SHALLOTTE PARTNERS-1, LLC, a North Carolina Limited Liability Company By: Integrated Properties, LLC, a No h Carolina Limited Liability Company, Its Manager _ Byi - (Seal) J s B. yers, I Its Manager STATE OF NORTH CAROLINA COUNTY OF BRUNS WICK This the day of March, in the year 2015, personally appeared before me James B. Myers, III, Manager of Integrated Properties, LLC, a North Carolina Limited Liability Company, Manager of Shallotte Partners-1, LLC a North Carolina Limited Liability Company, who being duly sworn and personally known to me or I have seen satisfactory evidence of above named person by state or federal photograph identification (pptiJv-t ), says that he is the duly authorized manager of Integrated Properties, LLC, a North Carolina Limited Liability Company, Manager of Shallotte Partners-1, LLC, a North Carolina Limited Liability Company and thathe signed the foregoing instrument on behalf of said company, and that he acknowledged the said writing to be the act and deed of said company herein stated. Witness my hand and official sea] or stamp this day of March 2015 o 0 \,.AC D.R001,,, tarvPublic ' o e Notary Public printed or typed ndme �J ,{>; My commission expires:) ,Forth Curotinn Department or the Sccratary or State Corporations Division ro Ray 295e5" tiataigh. NC 27626A625 HPI Tides LLC Vcorp Services, LLC 120 Penmarc Drfi 118 Raleigh; NC 27603 lbrl PIrst Lieu Mm;I UR ItituaefaW hut�jo, NC Notice c f (;°;rounds NOTICE OF GROUNDS FOR REVOCATION OF CERTIFICATE OF.AUTIIORITY The-catity.idcnufted on the reverse is delinquent in.filing.at least one annual report and consequently. is not in compliance with the:North CarolinaLimiuxt Liability Act. The Secretary of State is authorized byN.C.G.S. 57D.7-30 to revoke the Certificate of Authority of u business etttily if the grounds for revocation exist. Failure tofilclhc, annual report is grounds for revocation. This Notice is the first step'of the revocation process. In order to"prcven(invocation, the business entity muse rile the appropriate annual rdtonfs). dr show to ihc.Corporations, Division of the.Sccmtnry,of State within sixty (60) days from the date of this Notice that each ground determined does nit exist. A list of }rout annul reports submidcd to dale is viewable_by clicking the link to the ,Cirporations Division wcbpage at wwtt.sosncitxitn: The duc date for filing a Linnac_d "Liability Company annual report-is:April I5. One rupon.is required for each year beginning the_?ear niter the year of creation. Visit www:sosnexom for furthcr inforinatitin. Customer Service is available at.(919) 307.2225 or via cmnifnoticc(asesnc.com. .North Carolina Departmrnl of'thc SccreWry of Slate '&rporatluas Division DATE: October 30, 2015 North Carolina Secretary of State Page 1 of 2 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, INC 27626-0622 (919)807-2000 Account Login Register Due to a planned upgrade, some functions of our web ill not be available from 9/26/2014 at 5:00pm until 9128/2014. Dat : 9/26/2014 I �5 Click here to: 3 C� View Document Filings I File an Annual Report J Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name _ _ Name Type NC, INTEGRATED PROPERTIES, LLa LEGAL Limited Liabilify-Company Information SOSID: 0504756 Status: Current -Active Effective Date: 9/1/1999 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: MYERS, DAVID LINCOLN Office Address: 11024 NATIONS FORD RD PINEVILLE NC 28134 Mailing Address: PO BOX 240351 CHARLOTTE NC 28224 Principal Office Office Address: 11024 NATIONS FORD RD PINEVILLE NC 28134 Mailing Address: PO BOX 240351 CHARLOTTE NC 28224 Officers/Company Officials Title: s MANAGER Name: �JAMES B MYERS IIII Business Address: PO BOX 240351 CHARLOTTE NC 28224 Title: Name: Business Address: MANAGER/MEMBER DAVID L. MYERS PO BOX 240351 CHARLOTTE NC 28224 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4847115 9/26/2014 -North Carolina Secretary of State Page 2 of 2 This website is provided to the public as a part of the Secretary of Slate Knowledge Base (SOSKB) system. Version: 4121 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4847115 9/26/2014 CA201307803158 SOS►D: 0504755 Date Filed: 3/19/2013 10:55:00 AM Elaine F. Marshall LIMITED LIABILITY COMPANY ANNUAL R1 North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: INTEGRATED PROPERTIES, LLC CA201307803158 SECRETARY OF STATE ID NUMBER: 0504755 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2013 1. NAME OF REGISTERED AGENT: David Lincoln 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 11024 Nations Ford Rd Pineville, NC 28134 Mecklenburg FAmg Office Use Only Charges SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS PO Box 240351 Charlotte, NC 28224 1. DESCRIPTION OF NATURE OF BUSINESS: Development and Management of real estate 2. PRINCIPAL OFFICE PHONE NUMBER: (704) 554-9397 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE. STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 11024 Nations Ford Rd PO Box 240351 Pineville, NC 28134 Mecklenburg Charlotte, NC 28224 SECTION C: MANAGERSIMEMBERSIORGANRERS (Enter additional Managers/Members/Organizers in Section E.) NAME: David L. Myers NAME: James B Myers III TITLE: Mana¢er/ Member ADDRESS: PO Box 240351 Charlotte, NC 28224 NAME: TITLE: Manager TITLE: ADDRESS: ADDRESS: PO Box 240351 Charlotte, NC 28224 SECTION D: Section D must be completed in its entirety by a person/business entity. /AX 3 SIGNATkIRE - DATE' Form must be signed by a ManagerlMember led under Section C of this form. Pnnt or Type Name of Manager/Member TITLE SUBMIT THIS ANNUAL REPORT WITH THE RECUR ED FILING FEE OF $200 I) I II IIIIIII�IIIIII�IIIII �I MAIL TO: Secretary of State, Corporations Dlvlsion, Post Office Boa 29525, Raleigh, INC 27626-0525 North Carolina Secretary of State Page 1 of 1 �'VrrQ.r•� �tw•�1T-�. North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO BoK 29822 Raleigh, INC 27626-0622 (919)807-20D0 Account Login Register Due to a planned upgrade, some functions of our web site will not be available from 9/26/2014 at 5:00pm until 9/28/2014. Dat 9/26/2014 V I U t5 Click here to: 0 View Document Filings I File an Annual Report JPrint a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I Corporation Names Name _ Name Type NC SHALLOTTE PARTNERS, LLC� LEGAL Limited Liability Company Information SOSID: 0856715 Status: Current -Active Effective Date: 7/17/2006 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: BURRIS, ROBERT N Office Address: 6857 FAIRVIEW ROAD CHARLOTTE NC 28210 Mailing Address: 6857 FAIRVIEW ROAD CHARLOTTE NC 28210 Principal Office Office Address: 11024 NATIONS FORD ROAD PINEVILLE NC 28134 Mailing Address: PO BOX 240351 CHARLOTTE NC 28224 Officers/Company Officials Title: VMANAGER Name: \INTEGRATED PROPERTIES'.LLC Business Address: PO BOX 240351 CHARLOTTE NC 28224 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4121 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=7890914 9/26/2014 �P.Pl AK LIMITED LIABILITY COMPANY ANNUAL REPORT v.s NAME OF LIMITED LIABILITY COMPANY: Shalloue Partners, LLC REPORT FOR THE YEAR: 2013 SECRETARY OF STATE L.L.C. ID NUMBER: 0856715 NATURE OF BUSINESS: Real F_state REGISTERED AGENT: BURRIS, ROBERT N REGISTERED OFFICE MAILING ADDRESS: 6857 Fairview Road Charlotte, NC 28210 E-Filed Annual Report 7890914 Do not data enter manually, STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 6857 Fairview Road Charlotte, NC 28210 Mecklenburg County PRINCIPAL OFFICE TELEPHONE NUMBER: 704-554-8397 PRINCIPAL OFFICE MAILING ADDRESS: PO Box 240351 Charlotte, NC 28224 PRINCIPAL OFFICE STREET ADDRESS: 11024 Nations Ford Road Pineville, NC 28134 MANAGERS/MEMBERS/ORGANIZERS: Nanre: Integrated Properties, LLC Tide: Manager Address: PO Box 240351 Charlotte, NC 28224 CERTIFICATION OF ANNUAL REPORT MUST 13E COMPLETED BY ALL LIMITED LIABILITY COMPANIES Integrated Properties, I,LC, by James B Myers III - Manager PORM MUST BE SIGNED BY A MANAGER/MEMBER Integrated Properties, LLC, by James B Myers III - Manager TYPE OR PRINT NAME 3/25/2013 DATE Manager TYPE OR PRINT TITLE ANNUAL REPORT FEE: E Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 Hall, Christine From: Hall, Christine Sent: Thursday, August 13, 2015 3:49 PM To: 'peter@ risingcapitalpartners.com'; 'Matt Sharp'; 'Jim Myers'; 'Bridget Chase' Cc: 'Phil Norris' Subject: RE: Calabash Town Center, Permit No. SW8 080622 All, Can you please advise me of the status on the remaining items needed to bring this site into compliance with State Stormwater Permit No SW8 080622? Items 3 and 4 from the original e-mail below appear to have been addressed. Thanks, Christine Please note the new e-mail address and direct phone number Christine (Nelson) Hall Environmental Engineer NC DENR Division of Energy, Mineral and Land Resources - State Stormwater Program 127 Cardinal Drive Ext., Wilmington, INC 28405 Direct: 910-796-7335 / Main: 910-796-7215 / Fax: 910-350-2004 / christine.hall@ncdenr.Rov http://portal.ncdenr.org/web/ir/"stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Hall, Christine Sent: Thursday, April 09, 2015 3:59 PM To: 'Phil Norris' Cc: peter@risingcapitalpartners.com; 'Matt Sharp'; 'Jim Myers'; 'Bridget Chase' Subject: RE: Calabash Town Center, Permit No. SW8 080622 Phil, That is the certification I was looking for. Thank you. Christine Please note the new e-mail address and direct phone number Christine (Nelson) Hall State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7335 / Main: 910-796-7215 / Fax: 910-350-2004 christine.hall@ncdenr.Rov http://po rta I. ncden r. orp/web/I r/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Phil Norris[mailto:pnorris(&ntenoineers.com] Sent: Thursday, April 09, 2015 9:40 AM To: Hall, Christine Hall, Christine From: Hall, Christine Sent: Thursday, April 09, 2015 3:59 PM To: 'Phil Norris' Cc: peter@risingcapitalpartners.com; 'Matt Sharp'; 'Jim Myers'; 'Bridget Chase' Subject: RE: Calabash Town Center, Permit No. SW8 080622 Phil, That is the certification I was looking for. Thank you. Christine Please note the new e-mail address and direct phone number Christine (Nelson) Hall State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7335 / Main: 910-796-7215 / Fax: 910-350-2004 christine.hall@ncdenr.gov http://portal.ncdenr.org/web/Ir/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Phil Norris [mailto:pnorris@ntengineers.com] Sent: Thursday, April 09, 2015 9:40 AM To: Hall, Christine Cc: peter@risingcapitalpartners.com; 'Matt Sharp'; 'Jim Myers'; 'Bridget Chase' Subject: RE: Calabash Town Center, Permit No. SW8 080622 Christine, This is what we had in our files. This was the certification as of August 9, 2011. Hope this is what you need. Phil J. Phillip Norris, P.E. Norris & Tunstall Consulting Engineers, P.C. 1429 Ash -Little River Road Ash, NC 28420 910-287-5900(phone) 910-287-5902 (fax) It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the useability or readablility of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Hall, Christine [mailto:Christine.Hall@ncdenr.Rov] Sent: Wednesday, April 8, 2015 9:17 AM To: Matt Sharp; 'Jim Myers'; 'Bridget Chase' Cc: peter@risingcapitalpartners.com;'Phil Norris' Subject: RE: Calabash Town Center, Permit No. SW8 080622 Thank you all. Please keep me posted on the progress and feel free to let me know if you have any questions. Christine Please note the new e-mail address and direct phone number Christine (Nelson) Hall State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7335 / Main: 910-796-7215 / Fax: 910-350-2004 christine.hall(@ncdenr.gov http://Portal.ncdenr.org/web/Ir/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Matt Sharp [mailto:sharp(a)hamiltonotinv.com] Sent: Tuesday, April 07, 2015 3:30 PM To: 'Jim Myers'; Hall, Christine; 'Bridget Chase' Cc: peter(cbrisingcaPita Ipartners.com; 'Phil Norris' Subject: RE: Calabash Town Center, Permit No. SW8 080622 Bridget Chase is handling this on our end. She is cc'd. Thanks, Matt From: Jim Myers[mailto:imyers@jmsequipment.com] Sent: Tuesday, April 07, 2015 3:01 PM To: christine.hallCabncdenr.gov Cc: Matt Sharp; "peter cheung"<peterCa)risingcapitalpartners.com>; 'Phil Norris (pnorris(cbntengineers.com)' Subject: Calabash Town Center, Permit No. SW8 080622 Christine, Thank you for your time last Thursday to discuss and review your letter of March 18, 2015 concerning the subject storm water permit. The following information is provided in regard to your six comments. #1— HPI indicated that they will be submitting a State Stormwater Permit Name/Ownership Change Form. #2 —As we discussed, parcel 6 was originally planned for 216 apartment units. HUD would only allow 168 units so parcel 6 was divided into 6A for 168 units and parcel 6B for 48 units. HPI purchased the 168 units (parcel 6A) from Berkadia after their foreclosure. HPI purchased parcel 6B on March 20, 2015. Is a permit modification required now that HPI owns both parcels? If so, would the recombination of the two lots remove this requirement? N3 — Calabash Centre, LLC (Peter Cheung) indicated that they would be applying for necessary offsite permits. #4 — Phil Norris has been requested to provide necessary "engineer's certification'. #5 — HPI has indicated that they would get necessary information from your website and start submitting annual summary reports. #6 —The Operation and Maintenance log that was maintained by the original property manager was not transferred to the HPI property manager. HPI has indicated that they will get the necessary information from your website and initiate the required operation and maintenance protocol. Additionally, the HPI property manager indicated that they would address the noted deficiencies. Regards, Jim Myers 704-564-4575 Hall, Christine From: Hall, Christine Sent: Wednesday, April 08, 2015 9:17 AM To: 'Matt Sharp'; 'Jim Myers'; 'Bridget Chase' Cc: peter@risingcapitalpartners.com;'Phil Norris' Subject: RE: Calabash Town Center, Permit No. SW8 080622 Thank you all. Please keep me posted on the progress and feel free to let me know if you have any questions. Christine Please note the new e-mail address and direct phone number Christine (Nelson) Hall State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7335 / Main: 910-796-7215 / Fax: 910-350-2004 christine.hall (cncdenr.gov http://portal.ncdenr.org/web/ir/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Matt Sharp fmailto:sharp(a)hamiltonptinv.coml Sent: Tuesday, April 07, 2015 3:30 PM To: 'Jim Myers'; Hall, Christine; 'Bridget Chase' Cc: peter@risingcapitalpartners.com; 'Phil Norris' Subject: RE: Calabash Town Center, Permit No. SW8 080622 Bridget Chase is handling this on our end. She is cc'd. Thanks, Matt From: Jim Myers fmaiIto: jmyers(aljmsequipment.comI Sent: Tuesday, April 07, 2015 3:01 PM To: christine.hall(abncdenr.gov Cc: Matt Sharp; "peter cheung"<peter(alrisingcapitalpartners.com>; 'Phil Norris (pnorris@ntengineers.com)' Subject: Calabash Town Center, Permit No. SW8 080622 Christine, Thank you for your time last Thursday to discuss and review your letter of March 18, 2015 concerning the subject storm water permit. The following information is provided in regard to your six comments. #1— HPI indicated that they will be submitting a State Stormwater Permit Name/Ownership Change Form. #2 —As we discussed, parcel 6 was originally planned for 216 apartment units. HUD would only allow 168 units so parcel 6 was divided into 6A for 168 units and parcel 6B for 48 units. HPI purchased the 168 units (parcel 6A) from Berkadia after their foreclosure. HPI purchased parcel 6B on March 20, 2015. Is a permit modification required now that HPI owns both parcels? If so, would the recombination of the two lots remove this requirement? #3 —Calabash Centre, LLC (Peter Cheung) indicated that they would be applying for necessary offsite permits. #4 — Phil Norris has been requested to provide necessary "engineer's certification". k5 — HPI has indicated that they would get necessary information from your website and start submitting annual summary reports. 46 —The Operation and Maintenance log that was maintained by the original property manager was not transferred to the HPI property manager. HPI has indicated that they will get the necessary information from your website and initiate the required operation and maintenance protocol. Additionally, the HPI property manager indicated that they would address the noted deficiencies. Regards, Jim Myers 704-564-4575 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 18, 2015 Mr. James B. Myers, III, Manager Integrated Properties, LLC, Manager to both Shallotte Partners, LLC AND Shallotte Partners-1, LLC PO Box 240351 Charlotte, NC 28210 AND Mr. Mathew Sharp, Member HPI Tides, LLC c/o Hamilton Point Investments, LLC 2 Huntley Road Old Lyme, CT 06371 Subject: Request for Transfer and Notice of Inspection — Not Compliant Calabash Town Center State Stormwater Management Permit No. SW8 080622 Brunswick County Dear Mr. Myers and Mr. Sharp Donald van der Vaart Secretary Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On March 12, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) performed a file review and inspection of Calabash Town Center, located at Clariday and Old Georgetown Road in Calabash, Brunswick County. This project is currently operating under State Stormwater Management Permit Number SW8 080622 issued on January 26, 2012 to Shallotte Partners, LLC. During DEMLR's file review several inconsistencies were discovered with the subdivision of lots and the property ownership when compared to what was approved under permit SW8 080622. Those inconsistencies include: a. According to Map 66, page 15 recorded in the Brunswick County Register of Deeds, Lots 6A and 6B were subdivided from the original Lot 6. Lot 6A now appears to contain the wet detention pond BMPs and Lot 6B is now an offsite parcel similar to Lots 1-5. b. As recorded on July 21, 2014 in deed book 3558 on page 1304 the ownership of Lot 6A, the property containing the stormwater treatment devices approved by this permit, now belongs to HPI Tides. As a result of the inconsistencies noted above and the lack of maintenance observed during the inspection, the site is not in compliance with of the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. It is our understanding that this property has gone through foreclosure, therefore the deficiencies noted in the attached inspection report and below, must be resolved by all property owners that currently hold a deed for the lots covered under this permit: Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: (910) 350-2004 Calabash Town Center March 18, 2015 Permit Condition 111.1 requires that the Division be notified of all name and ownership changes within 30 days and must approve of the transfer of the permit. Per deed book 3558, page 1304, HPI Tides, LLC now owns Lot 6A which contains the BMP for this permit. As the new property owner HPI Tides must prepare an application to transfer the current permit into their name, OR apply for a new permit. If HPI Tides, LLC does not submit the signed Name/Ownership Change Form or apply for a new permit, then HPI Tides, LLC may be found in violation of NCGS 143-215.11 for failing to secure a permit for stormwater discharges regulated under NCGS 143-214.7, which is subject to enforcement action including the assessment of civil penalties of up to $25,000 per day. Please complete, sign and submit the "Name/Ownership Change Form" available on the Division's website at http://Portal.ncdenr.org/web/Ir/state-stormwater-forms docs along with the necessary documentation. Please note that The "HOA Name/Ownership Change Form" is only for use by permittees that have developed their project under the Planned Community Act and are transferring the permit to the HOA or POA under the provisions of Session Law 2011-256. 2. Permit Condition 11.6.e states that any changes to the subdivision design or project area requires the approval of the Division. According to Map 66, page 15 recorded in the Brunswick County Register of Deeds, Lots 6A and 6B were subdivided from the original Lot 6. Lot 6A now appears to contain the wet detention pond BMPs and Lot 6B is now an offsite parcel similar to Lots 1-5. The subdivision of Lot 6 constitutes a modification to the project. Therefore, once the permit is transferred to HPI Tides, LLC, an application to modify the permit must be submitted to DEMLR to address the subdivision of Lots 6A and 6B as well as to provide the necessary deed restrictions. According to the Brunswick County GIS tool, Lot 6B is now owned by Shallotte Partners-1, LLC. Shallotte Parnters-1, LLC will be responsible for assisting with recording the necessary deed restrictions. If HPI Tides, LLC further subdivides and/or sells portions of the property, then additional permitting actions may be necessary. 3. Permit Condition 11.13 and 11.14 requires that, prior to sale of any lot, deed restrictions must be recorded and a copy of the recorded deed restrictions must be submitted to DEMLR within 30 days of the date of recording. According to the Brunswick County GIS tool, Lots 1-5 are now owned by Calabash Centre, LLC. Both HPI Tides, LLC and Shallotte Partners-1, LLC need to work together to submit a copy of the recorded deed restrictions for Lots 1-5 which includes statements (a) through (k) listed under Permit Condition 11.13. Please remember that all lots not owned by the permittee must obtain their own separate offsite permit. 4. Permit Condition 11.15 requires that prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification of the stormwater system must be received from an appropriate designer. HPI Tides LLC and Shallotte Partners-1,LLC need to work together and submit an engineer's certification for the BMP stormwater system located on Lot 6A to this office. 5. Permit Condition 11.12 of the permit requires that an annual summary report of the maintenance and inspection records for each wet detention pond BMP be submitted to the Division summarizing the inspection dates, results of the inspection and the maintenance work performed. To date, a summary report has not been submitted. Please submit annual reports summarizing the maintenance and inspection records. Page 2 of 3 1 Calabash Town Center March 18, 2015 6. Permit Condition 11.10 requires operation and maintenance to be conducted as necessary to assure that all components of the system function at optimum efficiency. During the site inspection the following maintenance items were noted: a. Pond 1 i. Although the orifice is discharging, the pond water level is very high and prevents the required storage volume from being available. Please confirm that the orifice is not clogged and that the pond is functioning as intended to provide the required storage volume. ii. Relocate the fountain to the center of the pond to prevent damage to the shoreline. Permit condition 11.19 requires the falling water from the fountain to be centered in the pond, away from the shoreline. b. Pond 1 and 2: The emergency spillway appears to be lower than indicated on the approved plans. Please confirm that it has been constructed and maintained at the elevations indicated on the approved plans. c. Pond 2: Debris needs to be removed from the trash rack. d. Pond 3: Remove woody vegetation from the forebay berm. Please inform this Office in writing before April 20, 2015, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by April 20, 2015 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If you have any questions, please contact me at the'Wilmington Regional Office, telephone number (910)-796-7215 or via email at christine.hall@ncdenr.gov. Sincerely, C"-111Q 107 Christine Hall Environmental Engineer Enclosure: Compliance Inspection Report State Stormwater Permit Name/Ownership Change Form 'GDS\canh: \\\Stormwater\Permits & Projects\2008\080622 HD\2015 03 CEI_deficient 080622 111111 ������11 cc: Robert Burris, Registered Agent for Shallotte Partners, LLC and Shallotte Partners-1, LLC; 6857 Fairview Rd.; Charlotte, NC 28210 VCORP Services, LLC, Registered Agent for HPI Tides, LLC; 120 Penmarc Dr., #118, Raleigh, NC 27603 Delta Pacific Investment, LLC, Member; Calabash Centre, LLC; 19215 SE 341" St #106- 237; Camas, WA 98607. Phil Norris, Norris & Tunstall Consulting Engineers Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 3 of 3 Zw T� Mz- VSitto's 'r,' '-V 7�i XG V ir .21 To V1 - hill 1010 n yn, WN- - 7 _1 WK! ye•jx' ' L _Zqi T LO's !Nn ; 4k QQJQ� plot IN 44 -4 \P,1 If, C7 Inv VIX Ire . . . . . . . North Carolina Secretary, of State Page I of I North Carolina Elaine F. Marshall DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Account Login Register Due to a planned upgrade, some functions of our web site will not be available from 9/26/2014 at 5:00pm until 9/28/2014. Date: 9/26/2014 Click here to: C� View Document Filings I File an Annual Report I '.I Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I CJorporation Names Name Name Type INC HPI TIDES LLC LEGAL Limited Liability Company Information SOSID: 1395162 Status: Current -Active Effective Date: 8/12/2014 Citizenship: FOREIGN State of Inc.: DE Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: VCORP SERVICES, LLC Office Address: 120 PENMARC DR # 118 RALEIGH INC 27603 Mailing Address: 120 PENMARC DR # 118 RALEIGH NC 27603 Principal Office Office Address: 2 HUNTLEY ROAD OLD LYME CT 06371 Mailing Address: 2 HUNTLEY ROAD OLD LYME CT 06371 Officers/Company Officials This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKS) system. Version: 4121 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=10592422 9/26/2014 State of North Carolina Department of the Secretary of State APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY SOSID: 1395162 Date Filed: 8/12/2014 12:31:00 PM Elaine F. Marshall North Carolina Secretary of State C2014 217 00192 Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is HPI Tides LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is Delaware 3, Principal office information: (Select either a m, b.) a. Q The limited liability company has a principal office. The principal office telephone number: The street address and county of the principal office of the limited liability company is: Number and street: c/o Hamilton Point Investments LLC, 2 Huntley Road City: Old Lyme State: CT zip cod« 06371 County: New London The mailing address, Ifdli ferentfrom the street address, of the principal office of the corporation is: Number and Street: City: State:_ Zip Code: County: b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: Vcorp Services, LLC 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and Street:120 Penmarc Drive, #118 City: Raleigh State: NC ZipCode:27603 County: Wake 6. The North Carolina mailing address, If different from the street address, of the registered agent's office in the State of North Carolina is: Number and City: State: NC Zip Code: County: CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised Jumrary 2014) (Fore L-09) 4 APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment iinecessmy) Name and Title HPI Real Estate Opportunity Fund III, LLC, Member Business Address c/o Hamilton Point Investments LLC, 2 Huntley Road Old Lyme, CT 06371 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A Photocopy of the certlllcation cannot be accepted. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adapting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: Thisthe 4th day ofAugust 2014 HPI Tides LLC ij�am jLimitedLiability Company iJ Signature of Company Official k�h4L, itslrP , mp_mt ay Type oriPrint Name and Title Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION (Revised January 2014) P.O. BOX 29622 RALEIGH, NC 27626-0622 (Form L-09) IF Delaware The First State PAGE 1 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "BPI TIDES LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE FIFTH DAY OF AUGUST, A.D. 2014. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "HPI TIDES LLC" WAS FORMED ON THE FOURTH DAY OF AUGUST, A.D. 2014. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE NOT BEEN ASSESSED TO DATE_ 5580205 8300 141030486 You my verify this certificate online at Corp. delaeare.gov/suthvar.shtml Jeffrey W. 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Date: 9/26/2014 `k Click here to: V 5 `"\\ GQ�' View Document Filings I File an Annual Report I 3(11 (6 6 J Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC CALABASH CENTRE LLC LEGAL Limited Liability Company Information SOSID: 1272915 Status: Current -Active Effective Date: 8/9/2012 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: GLIDDEN, JENNIFER Office Address: 12411 HAMPTON PLACE DR. CHARLOTTE INC 28269-5231 Mailing Address: 12411 HAMPTON PLACE DR. CHARLOTTE NC 28269-5231 Principal Office Office Address: 19215 SE 34TH ST, #106-237 CAMAS WA 98607-8829 Mailing Address: 19215 SE 34TH ST, #106-237 CAMAS WA 98607-8829 Officers/Company Officials Title: MEMBER Name: DELTA PACIFIC INVESTMENT LLC Business Address: 19215 SE 34TH ST,#106-237 CAMAS WA 98607 Title: MEMBER Name: NORTH CAROLIN VENTURE LLC Business Address: 2918 NW 51ST TERRACE MARGATE FL 33063 http://www. secretary. state.nc.us/corporations/Corp.aspx?Piteml d=1005 8657 9/26/2014 North Carolina Secretary of State Page 2 of 2 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4121 http://www.secretary.state.ne.us/corporations/Corp.aspx?Pitemld=10058657 9/26/2014 oer� _w E-Filed Annual Report 2n y `q 10058657 "I LIMITED LIABILITY COMPANY € qk ANNUAL REPORT t � •' ` wA Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY: Calabash Centre LLC REPORT FOR THE YEAR: 2014 STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 1272915 NATURE OF BUSINESS: Real Fstaie REGISTERED AGENT: Glidden, Jennifer REGISTERED OFFICE MAILING ADDRESS: 12411 Hampton Place Dr Charlotte, NC 28269-5231 REGISTERED OFFICE STREET ADDRESS: 12411 Hampton Place Dr. Charlotte, NC 28269-5231 Mecklenburg County PRINCIPAL OFFICE TELEPHONE NUMBER: 360-834-7888 PRINCIPAL OFFICE MAILING ADDRESS: 19215 SE 34th A #106-237 Camas, WA 98607-8829 PRINCIPAL OFFICE STREET ADDRESS: 19215 SE 34th Si, 9106-237 Camas, WA 98607-8829 Company Officials: Nance: Delta Pacific Investment LLC Name.' North Carolin Venture LLC 771le. Member Title. Member Address:. Address: 19215 SE 34th St. 4106-237 2918 NW 51st Terrace Canins, WA 98607 Margate, FL 33063 CERTIFICATION OF ANNUAL. REPORT MUST BE COMPLETED BY ALL. LIMITED LIABILITY COMPANIES Delta Pacific Investment LLC, by Tetrie Cheung - office manager 5/2/2014 FORM MUST BE SIGNI7D BY A MANAGERIMEMBER DATE Delta Pacific Investment LLC, by Terrie Chemtg - office manager Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL. REPORT FEE: F-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 ?�'�`•sc'�---'mow ,k -. , � r. -�: � �er-�?,�,�o ems, e ".'r� ^mot � � �'.e-^E� `} * nt '�c' � �-< } . r i, r;��h�w �.. _ :.-„� ' „.5 Ls'^x z x ly,t' W .� 7 't., w }r _' isr 2. •�y- y 1 `�-`1' i^.. MIT M i % X v. r •. r5e• r/1i '•c}e ,.+f'..2'..5� r _ ei .. r 4 - - �\ �, '-'4 :2 �o•'-' °•,� <._ a xi y 1. `'r.�*'.!. 1' � .� � 'a�- ec r� •r '� -? - 3 e 3.-- _..'_• ?. -r �. i yy.... _ i?!} } 5. "♦ s, 'ra:l �"- v 5 vam yt---. s F r,a•7`1 e�, tt'r �R'�"`r� A. i'�o t i -.wt .., 1 a.-•} : c' o /."��r"- i.. . 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Dat : =9/26/2014 Click here to: View Document Filings I File an Annual Report I 'J Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC SHALLOTTE PARTNERS-1, LLC LEGAL Limited Liability Company Information SOSID: 1142201 Status: Current -Active Effective Date: 3/29/2010 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: BURRIS, ROBERT Office Address: 6857 FAIRVIEW ROAD SUITE 100 CHARLOTTE NC 28210 Mailing Address: 6857 FAIRVIEW ROAD SUITE 100 CHARLOTTE NC 28210 Principal Office Office Address: 6857 FAIRVIEW ROAD SUITE 100 CHARLOTTE NC 28210 Mailing Address: 6857 FAIRVIEW ROAD SUITE 100 CHARLOTTE NC 28210 Officers/Company Officials Title: MANAGER Name: INTEGRATED PROPERTIES LLC Business Address: PO BOX 240351 CHARLOTTE NC 28224 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4121 http://www. secretary.state.nc. us/corporations/Corp. aspx?Piteml d=9476477 9/26/2014 "ocPeany? E-Filed Annual Report 9476477 �y LIMITED LIABILITY COMPANY ANNUAL REPORT Do not data enter manually. �Y�Mnnem.iy` NAME OF LIMITED LIABILITY COMPANY: Shallotte Partners-1. LLC REPORT FOR THE YEAR: 2013 STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 1142201 NATURE OF BUSINESS: Real F_smle REGISTERED AGENT: Burris, Robert REGISTERED OFFICE MAILING ADDRESS: 6857 Fairview Road Suite 100 Charlotte. NC 28210 REGISTERED OFFICE STREET ADDRESS: 6857 Fairview Road Suite 100 Charlotte, NC 28210 Mecklenburg Countv PRINCIPAL OFFICE TELEPHONE NUMBER: (704) 554-8397 PRINCIPAL OFFICE MAILING ADDRESS: 6857 Fairview Road Suite 100 Charlotte, NC 28210 PRINCIPAL OFFICE STREET ADDRESS: 6857 Fairview Road Suite 100 Charlotte, NC 28210 MANAGERS/MEMBERS/ORGANIZERS: Name: Integrated Properties LLC Tide: Manager Address. PO Box 240351 Charlotte, NC 28224 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Integrated Properties LLC, by James B Myers III - Manager 3/25/2013 FORM MUST BE SIGNED BY A MANAGERIMEMBER DATE Integrated Properties LLC, by James B Myers III - Manager Manager TYPE OR PRINTNAME TYPE OR PRINT TITLE ANNUAL REPORT I7EE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigb, NC 27626-0525 4 Nelson, Christine From: Julie Gschwind <Julie.Gschwind@berkadia.com> Sent: Friday, October 17, 2014 12:11 PM To: Nelson, Christine Subject: Calabash Town Center - Permit #SW8 080622 Attachments: TitleInsu ra ncePol icy -Loan No_109061396-A-S E RVICIN G-07_01_2010(Ozl p1452).p.... pdf; Plat Book 66, Page 15 - plat creating encumbered parcel/Tract 6A; Plat Book 64, Page 92 - "The 2010 Plat" referenced under Article C of the Agreement; Plat Book 66, Page 7 as referenced in Article C of Agreement; Access Agreement.pdf; Special Warranty Deed 2014.08.22 .pdf Hi Christine, Thank you for speaking with me yesterday regarding the stormwater permit status for Calabash Town Center (Permit #SW8 080622). As we discussed, on 7/1/2010, Berkadia Commercial Mortgage/HUD made a loan to Shallotte Partners, LLC secured by the Calabash Town Center. The title policy describes the security as being all of Tract 6A as shown on survey... recorded in Plat Book 66, Page 15, also attached). The subdivision of Tract 6 apparently occurred on 6/22/10, and the Access Agreement relating to both parcels was recorded when Berkadia's loan funded (please see attached documents). We are unaware of any noncompliance by Shallotte Partners, LLC with any subdivision or stormwater permit requirements and it appears to us that Shallotte Partners, LLC complied with the applicable subdivision requirements. . Your letter dated 10/2/14 indicates State Stormwater Management Permit #SW8 080622 was modified and reissued on 1/26/12. At that time the files were reviewed and the permit was compliant. We are not aware of any changes in platting since 1/26/12 and your letter does not indicate that any platting changes have occurred since 1/26/12. Thus, as the permit was compliant on 1/26/12, it is our understanding that the permit is and remains compliant. Thank you for the information regarding permit expiration in May 2020 and necessary application due at least 180 days before the expiration date. Berkadia, through an affiliate, foreclosed its lien 3/18/14 and subsequentlytsold-the property 8/22/14 to HPI Tides, LLC, having an address at 2 Huntley Road, Old Lyme, CT 06371 (see attached Special Warranty Deed). If HPI Tides, LLC (the current owner) needs to submit a transfer application, please provide the necessary application and we will pass along to HPI Tides, LLC. If anything further is needed from Berkadia, please send whatever forms are needed. Because Berkadia only owned the subject property for a limited period of time and is not the current,owner of the property, we are limited in the amount of information we have and can obtain with respect to the property (including any annual reports regarding maintenance and inspections). While foreclosing on a loan is an unfortunate event, in this case the foreclosure has resulted in the property now being owned by an experienced and committed owner of apartment projects and the project is contributing significant economic value to the Calabash, NC c Immunity. As we hope is clear, we are attempting to fully comply with your requests. Please NC the Stormwater Management Permit is compliant and instruct me as to what is necessary to transfer the permit t our new owner. Thank you. Julie Julie Gschwind Vice President/Senior Asset Manager "u,* C }t��C YD" ''.0' Berkadia The Industry of One TM 3 Park Plaza, Suite 1150 Irvine, CA 92614 Phone:949-622-9294 Fax: 949-622-9394 CA DRE'License# 01223956 For more information about Berkadia Commercial Mortgage, please visit www.berkadia.com. This message is intended for the individual or entity named above. If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Please notify the sender by reply and delete this message from your system. Thank you. Julie Gschwind Vice President - Senior Asset Manager 3 Park Plaza Suite 1150 1 Irvine CA 92614 T: +1 (949) 622-9294 1 M: +1 (949) 500-8816 1 F: +1 (949) 622-9394 iulie.zschwind@berkadia.com I www.berkadia.com Berkadia Commercial Mortgage Inc. CA RE License #01223956 a Berkshire Hathaway and Leucadia National company This message is intended for the individual or entity named above. If you are not the intended recipient, please do not read, copy, use or di message from your system. Thank you. ®�� NCDENR 4North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 2, 2014 Mr. James B. Myers, III, Manager Integrated Properties, LLC, Manager Shallotte Partners, LLC PO Box 240351 Charlotte, NC 28224 And Mr. Randall Jenson, President Berkadia Commercial Mortgage, LLC 118 Welsh Road Horsham, PA 19044 John E. Skvada, III Secretary Subject: Permit Extension (Session Laws 2009-406 and 2010-177), Request for Additional Information, and Notice of Inspection — Non Compliant Calabash Town Center Permit No. SW8 080622 Brunswick County Dear Mr. Myers and Mr. Jenson: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177 which granted an extra year for a total of up to four (4) years extension. Accordingly, State Stormwater Management Permit # SW8 080622 (modified and reissued on January 26, 2012), which was set to expire on September 18, 2018, is now in effect until May 17, 2020, and includes all available extensions. Please submit the renewal application and fee at least 180 days prior to May 17, 2020, which would be November 17, 2019. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/Ir/state-stormwater-forms_docs. On July 9, 2014,,the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received and accepted an application to transfer the State Stormwater Management Permit for Calabash Town Center. On September 26, 2014, the Wilmington Regional Office of DEMLR conducted a file review inspection of Calabash Town Center in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 080622 last issued on January 26, 2012. DEMLR file review revealed that the site is not compliant with the terms and conditions of this permit and that the application to transfer the permit is not complete. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. The following information is needed to continue the stormwater review: Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - (910) 796-7215 / Fax: (910) 350-2004 October 2, 2014 State Stormwater Permit No. SW8 080622 J Permit Condition 11.6.e of the permit states that any changes to the subdivision design or project area requires the approval of the Division. A Notice of Foreclosure of a Deed of Trust dated April 1, 2014 was provided by James B. Myers, III indicating that Berkadia Commercial Mortgage LLC is now the owner of Lot 6A. Map 66, page 15 recorded in the Brunswick County Register of Deeds indicates that Lot 6A was subdivided from the original Lot 6 and that Lot 6A is the portion of the original lot 6 where the wet detention pond BMPs are located. The subdivision of Lot 6 constitutes a modification to the project. Therefore, the current permittee or the new property owner will be required to submit an application to DEMLR to modify the permit and provide the necessary deed restrictions to address the subdivision of Lots 6A and 6B. 2. Permit Conditions 11.6.c. and 111.1 of the permit states that this permit is not transferable until the permittee submits a transfer request to DEMLR and receives approval for the transfer of ownership of the project. A transfer request has been received from the permittee of record, however the new property owner has not signed the transfer application request. Also an original signature must be provided in Section IV on page 2 of the Name/Ownership Change Form for Mr. James B. Myers III. The signature provided in Section IV is a copy. Since the property has gone through foreclosure and ownership of the parcel containing the wet detention pond BMPs transferred to Berkadia Commercial Mortgage, LLC, one of the following options must be selected: a. Option 1: Berkadia Commercial Mortgage, LLC accepts the transfer of the current permit by signing the transfer application that contains the original signature for all parties (current and proposed permittee). Berkadia Commercial Mortgage, LLC should be made aware that a first time transfer is free and the permit conditions remain the same as when the permit was originally issued under Session Law 2006-246. In order to proceed with this option, please submit a completed Section V on page 3 of the attached Name/Ownership Change Form. b. Option 2: If Berkadia Commercial Mortgage, LLC refuses the current permit then they will have to apply for their own permit. If they do not apply for a permit they will be issued a Notice of Violation (NOV) including possible fines for owning and operating a treatment system and discharging to surface waters without a permit. This option will not be advantageous to Berkadia Commercial Mortgage, LLC because the new permit will be issued under the 2008 Coastal Stormwater Rules (Session Law 2008-211). This means the pond must be designed according to the standards in Session Law 2008-211 and the latest version of the Stormwater Best Management Practices (BMP) manual. As a result, changes in permit conditions and technical changes may require significant and costly physical changes to the BMPs currently serving the project. All costs associated with the permit application, the possible NOV, the design and the construction for changes to the ponds will be the sole responsibility of Berkadia Commercial Mortgage, LLC. If Berkadia Commercial Mortgage, LLC further subdivides and/or sells portions of the property, then additional permitting actions may be necessary. Permit Condition 11.13 and 11.14 of the permit requires that prior to sale of any lot, deed restrictions must be recorded and a copy of the recorded deed restrictions must be submitted to DEMLR within 30 days of the date of recording. For all lots that have been sold please submit a copy of the recorded deed restrictions which includes statements (a) through (k) listed under Permit Condition 11.13. Page 2 of 3 Mctober 2, 2014 ate Stormwater Permit No. SW8 080622 4. Permit Condition 11.15 of the permit requires that prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification of the stormwater system must be received from an appropriate designer. Please submit an engineer's certification of the system to this office. 5. Permit Condition 11.12 of the permit requires that an annual summary report of the maintenance and inspection records for each wet detention pond BMP be submitted to the Division summarizing the inspection dates, results of the inspection and the maintenance work performed. To date, a summary report has not been submitted. Please submit annual reports summarizing the maintenance and inspection records.. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to November 6, 2014, or the transfer application will be returned as incomplete. The return of a project will necessitate resubmission of all required items and will a require a plan of action to be submitted describing the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies identified in this letter. Failure to provide the requested information, or provide a plan of action by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If the requested information is not provided or a written plan of action is not submitted to this office by November 6, 2014 then DEMLR staff will re -inspect the site and issue a Notice of Violation to all parties. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. If you have any questions, please contact.me at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at christine.nelson@ncdenr.gov. Sincerely, i Christine Nelson Environmental Engineer Enc: blank Name/Ownership Change Form Compliance Inspection Report GDS\can: \\\Stormwater\Permits & Projects\2008\080622 HD\2014 09 addinfo CEI_deficient 080622 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 3 of 3 North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO BoK 29622 Raleigh, INC 27626-0622 (919)807-2000 Account Login Register Due to a planned upgrade, some functions of our web site will not be available from 9/26/2014 at 5:00pm until 9/28/2014. Date: 9/26/2014 Click here to: View Document Filings i File an Annual Report 1 7?.j Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC BERKADIA COMMERCIAL LEGAL MORTGAGE LLC Limited Liability Company Information SOSID: 1126217 Status: Current -Active Effective Date: 12/3/2009 Citizenship: FOREIGN State of Inc.: DE Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: CT CORPORATION SYSTEM Office Address: 150 FAYETTEVILLE STREET BOX 1011 RALEIGH NC 27601 Mailing Address: 150 FAYETTEVILLE STREET BOX 1011 RALEIGH INC 27601 Principal Office Office Address: 118 WELSH ROAD HORSHAM PA 19044 Mailing Address: ATTN: LAW DEPT-COMPLIANCE 118 WELSH ROAD HORSHAM PA 19044 Officers/Company Officials Title: MEMBER Name: BERKADIA PROPRIETARY HOLDING LLC Business Address: 118 WELSH ROAD HORSHAM PA 19044 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4121 http://www. secretary. state.nc.us/corporations/Corp.aspx?Pitemld=9267177 9/26/2014 vraunve,;r E-Piled Annual Report 9267177 LIMITED LIABILITY COMPANY J ANNUAL REPORT Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY: Berkadia Commercial Mortgage LLC REPORT FOR THE YEAR: 2013 STATE OF INCORPORATION: DE SECRETARY OF SPATE L.L.C. ID NUMBER: 1126217 NATURE OF BUSINESS: Commercial Mortgage Servicing and Origination REGISTERED AGENT: CT Crnporation System REGISTERED OFFICE MAILING ADDRESS: 150 Fayetteville Street Box 1611 Raleigh, NC 27601 RI7GIS'1'1?RED OFFICE STREE"F ADDRESS: 150 Fayetteville Street Raleigh, NC 27601 County PRINCIPAL OFFICE TELEPHONE NUMBER: 2153283220 PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: Company Officials: Name: Berkadia ProprietmT Holding LLC Title: Member Address: 118 Welsh Road Horsharn, PA 19044 Attn: Lax, Dept -Compliance Horsham, PA 19044 118 Welsh Road Horsham, PA 19044 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY Ail, LIMITED LIABILITY COMPANIES Thomas Miraglia FORM MUST' BE SIGNED BY A MANAGER/MEMBER Thomas Miraglia 3/17/2014 DATE Member TYPE OR PRINT NAME TYPE. OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 08-22-2214 32 7.000 'r,.:.. ... s;S that lcre are. ,t �:e;I,,:;uaaa 0"' IIB i�1�l�i 1`I Ylllllst ll'.pll of Deeds P49e I of PRO u �':es, Ims. aSSeS:fr:':Itist Site( Brenda N. Clennons Register of Deeds Ii^ :he Brunswick'9:.-t '?z 00-22-2014 14:32:07.009 ar,msuick County, NC G. .: charged Wilh. s .aa; 8fe NC REVENUE STRPP; $25290.00 (a405572) Ce. ^i Number _...z� as the Bnv- Aar.. that fn:. .... .... ... d Present Ret] descr tiJ.n. ., ,�5•�T:� _R;: �7—ILL AUG 1�2 2U14�����ylIJJI��� ��°[DT °Ck5 s -�p ° c ]-LIICI� (AssOT ca f DeL Tax Spec+ Refund __f FiranCO�1 '1' •� ❑Parts c`,'. ,arc V it mMilJn l/ry1.�FJ/iT✓'� '.l 1' :inert ntah" Sala ruffed h, or@mM i .. 1,atan:w: be rap:c:P., tOr Weed NORTH Excise Tax: $25 00.' DEED Parcel Identifier No. Verified by County on the _day of August, 2014 By: Mail after recording to: ONCE REC� ORO_ E�RETURN TO: Stewart Commejj��'al � f�g Ch. 5g35.tteiFll2iY' 1$ 5935 CleUUN 2 209 I tF�2� owµ CM°KINNIS Prepared by: John T. Duncan DI Polsinelli PC 2501 N. Harwood Street, Suite 1900 Dallas, Texas 75201 THIS DEED made this 10ttl day o Attglrst, 71��a +� n 0 0 g UU GRANTOR GRANTEE BP CALABASH LLC, a Delaware limited liability HPI TIDES LLC, a Delaware limited liability company, having an address at 118 Welsh Road, company, having an address at 2 Huntley Road, Horsham, PA 19044 Old Lyme, CT 063371 ^0 o0UWOu-- i Enter in appropriate block for ec}Iy: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and p@d.bDTgn 0) °�Qt _ II ���p�tpt, Ia1 tpp�� 83558 P1305 09_22_20,. ��1at11t�leffi l ,C:a2:er.p�p `�✓aa&FFF ar 0.. s Leo' 2�of a une�tek County, NC Replsler of Deeds V 9 assigns, and sball include singular, plural, masculine, feminine or neuter as required by context. Wr1NESSETH, 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 onto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of C, a ebasjl, Brunswic County, North Carolina and mom particularly described as follows: ast SEE Fxnm T A ATTACHES HI I ORPORATED HEREIN BY REFERENCE. T oOCg1 0 The property hereinabove described was acquired by Grantor by instrument recorded in Book 5},QQ, Page 940. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done no to impair such title as Granter received, and Grantor will warrant and defend Ne� tide ip"y}rg "2aims of all persons claiming by, under or through Grantor, other th - hons: �n o 0 SEE EXHIBIT B ATTA n HERETO AND INCORPORATED HEREIN BY REFERENCE. pO0 0W ngg00 ll Vo)6'W nsgo 0 �0p p�0��g60OU��`l� d T06 o�DVa (n59@ 0n@t �o�oe jj Fj'j�Y jjjjjj 13gO 1306 o^o(ae'P IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. BP CALABASH LLC, a Delaware,limited liability corn y By: Berkadia Proprietary LLC o o Its: Sole ember �g6� By: o a Nam J e Gschwind Title: Authorized Representative STATE OF CALIFORNIA COUNTY OF ORANGE ) On August/ Z 2014, before me, l L San /IlG1174 -) N(I cio 2R S �� G anddae afUK ofl)ca) personally appeared Julie Oschwind, who proved to me on the basis of satisfactory evidence to be the personl� whose name((A) aAx0 subscribed to the within 'trument and acknowledged to me that hey executed the some in V.- � capacitykks), and that by b('s4ieMh&r signaturco on the in j or the entity upon behalf of which the person(d) acted, executed the Rt I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ure signat /�.oGa/��—� n annflgC��° o�Q� (Seal) ��oo My Commission Expires: rA EWaN aflEOCOW9M 601 m I Y0aEE74 o • ctleaiffi �QO l�1aV�a amis, 17lid @Q lS Vf O6 0 2� 10 C'� IIIIIIIIII e35aa P1301 BB_n-'°"W. 8rs�da a. Dig4^ef 8 V " �Brunsuiek County, NC RaRister of Deeds GsBs Exhibit A to Special Warranty Deed Description of Land Being all of Tract 6A as shown.on the survey for Shallotte Partners, LLC, recorded in Map Cabinet 66, Page 15 in the Office of the Register of Deeds I ck County, North Carolina, said Map being incorporatgd hU u Vf ° 0 ° Tod' Vnggo oq Gt �f (�6°�2vfunzg00n@t „gg,0°RQIS 0 nst ��oobCra�g�00 CJ d 0o�vggg�yQo 0 1n@t r� 07 kllco�u�ty. Re R.I.t-I of•58 - P-9- 5 b'PROV Exhibit B to Special Warranty Deed Permitted Exceptions 1. Taxes for the year 2015 and subsequent years not yet due and p�Q lien not yet due and payable. OWW§Q@ ° u�cw 2. Rights of tenants as tenants only under unrecorded leases with no options to purchase or , rights of first refusal. 3. Those matters as shown on survey dated August 4, 2014, last revised August 2014, prepared by Johnny W. Nobles, Registered Land Surveyor No. L-1235, of Nobles & Associates, as follows: ,n.p (�j Qt A. Service utilities evidepced�y;�aie113kWAU `Ae manhole, drop inlet, clean out, water meter, poaUvavr;a`ti''leot�' Vr a and fire hydrant; B. Ditch along the rear northerly lot line; C. Fence encroaches onto adjoiner by 4.4'. 4. Easements, setback lines and any other matters sho Q.,Tqqg . R%-corded in Plat Cabinet 66, Pages 4, 7 and 15;,a&2b� , t'let Cabinet 63, Page 94 and Plat Cabinet 36, Page 481, Bruns ounty Registry, and as shown on survey dated August 4, 2014, last revised August _, 2014, prepared by Johnny W. Nobles, Registered Land Surveyor No. L-1235, of Nobles & Associates. . 5. Easement(s) and/or right(s) of way to Atlantic Telephone Membership Corporation recorded in Book 3134, Page 312, Brunswick County Registry. o nQ£, 6. Deed of Dedication to Brunswick,�C, t �3�57, Page.1379, Brunswick County Registry, as affected bjFj i IRI recorded in Book 3157, Page 1388, in said Registry. 7. Deed of Dedication to Brunswick County recorded in Book 3182, Page 702, Brunswick, County Registry, as affected by Affidavit recorded in Book 3182, Page 709, in said Registry. 6. Deed of Dedication to Brunswick County recorded in Book 3191, Page 353, Brunswick County Registry, as affected by Affidavit recorded in Book 3191, Pggc 358, in said Registry. 9. Easement(s) and/or right(s) of waxx Br fd i`�temb rshtllpp Corporation recorded in Book 534, Page 804, as amend'd=lA�o°ok 3044, Page 1213, as shown on map recorded in Plat Cabinet 66, Page 15, Brunswick County Registry, as shown on survey dated August 4, 2014, aC°�rra�g(rO°�Q� d god abrrar�g�O o�Q� rood°b�County,� �9������ 3558dM. CI °8'MOP last revised August. 2014, prepared by Johnny W. Nobles, Registered Land Surveyor No. L- 1235, of Nobles & Associates. %Reservations in favor of Intemational Paper Company contained in Deed recorded in Book 611, Page 411 and further contained in Notice of Mineral g ° a-Zd in Book 616, Page 423, Brunswick County Registry. @° �D JJ 17.Conditional Use Permit recorded in IIBJJook 2914, Page 1070, as amended by Memorandum of Understanding recorded in Book 2914, Page 1075, Brunswick County Registry. 123er ts, Conditions, rights, easements and obligations in connection with the non-exclusive use of that portion of the Land within the bounds of right of way of Town Center Road and/or access drives to NC Highway 179 (Old Georgetown Road) and NCSR 1161(Clariday Road) as shown on Plat Book 66, Page 15, Brunswick County Re °s�� survey dated August 4, 2014, last revised August 20 41br°e dM)(T Nobles, Registered Land Surveyor No. L-1235, of Nobles & AssnTIAS 13.Terms and conditions of Access Easement and ConnectivityAgreement recorded in Book 3060, Page 387, Brunswick County Registry. 14.Any laws, regulations, ordinances (including, but not limited to zoning, historic preservation, building and environmental) as to the use, occupancy, subdiviiq . provement of the Property adopted or imposed by any og tV'r tg� th ect of any noncompliance with or any violation thereof, of tmited to any disclosure and/or report required by ordinance. 15.Any rights as to any claims, judgments, any causes of actions, claims or personal liquidated judgments Grantor may have against any borrower, guarantor, obligor, or other party which may be related to the Property (other than claims against tenants of the property for nonpayment of rent), and any rights or claims to insurance or condemnation pmusie46 for a loss or event which occurred prior to the date of this dOee,�. ° M� U�j�Sjd� ° llNu�� god° bTT'n§gO Tod°bT@*goo°�Qb B08�8 0M.Cl�sOU WOP�����������8 IE e ' a T VnofBP CALABASH LLC CERTIFICATE OF SECRETARY I, the undersigned Assistant Secretary of BERKADIA PROPRIETARY LLC„$glg Memberof BP CALABASH LLC (the 'Company) hereby certify as follows: a DSg@ o � � `� a1. lameduly elected, qu &ngrSSecretaryor Assisted Secretary of the Company as noted below My signature. 2. Attached hereto as Exhibit I is a true and correct copy of certain resolutions which have been duty adopted and which remain in full force and effect as of Me date hereof and have not been amended, rescinded or Impaired In any way, except with rasped to changes in the persons appointed as Authorized Represenot Ives under such resolutions. 3. Julie Gschwind currently holds authority as an Authorized Re�p, five of BP Calabash LLC to perform such adb�a s as set forth in Exhibit I. n % @ @ 0 W o IN WITNESS WHEREOF, I have execoled this Certificate as of this � day of August 2014. BP CALABASH LLC By: BERKADIA PROPRIETARY LLC, its Sole Member 0n ed�Na . Richard Bandit �Pn T'de: Assistant Secretary podo��a�g600�Q� T@6 -bTa�g6��Q� Page 1 of2. lJ pOd 0" � Vsg005@t Todo�Tun§@@onQt T@dJO C-���Y. NC Registe �355BP13�1mr Of Deeds Peg* B3Or -me>OP Exhibit I RESOLVED FURTHER, that each person identified ba=ma � and all agreements, documents, instruments or certifications necessary or pro r o cif of the Company's obligations with respect to the servicing or administration of any servi Sh In the Company's portfolio, or REO property, including, without limitation, modifications, assumptions, deeds, conveyances, releases, endorsement;, assignments, forbearance agreements, subordinatlon1nondisturbance agreements, officer certifications, confidentiality agreements, terms letters, pooling and servicing agreement notices, pre-negotlatfon agreements, approve foreclosure recommendation memoranda, requests for release of documents, non -binding correspondence, reservation of rights (non -waiver letters), and ban -related third -party agreements including, without limitation, listing/sales contracts, leasing agreements, management agreements, leases, agreements with third -party professionals for production of appralsah, environmental reports, engineering reports, and any other due diligence service that such Authorized Representative deems necessary and proper: Q� NahI 112I Secretary�rtiO m§ dRte RESOLVED FURTHER, that the Secretary and any Assistant Secretary of the Company be, and each hereby Is, authorized and empowered to certify in writing the e>ustence of these Resolutions, and of the names and specimen signatures of the Executive Officers, Corporate Banking Officers, Servicing Banldng Officers and Authorized Representatives authorized pursuant to these Resolutions to act on behalf of the Company, and that each recipient of such certificate given by the Secretary or any Assistant Secretary of the Company may rely upon the effectiveness of these Resolutions and the authority of the persons named herein until such holder receives written notice from the Compagy * rescission or modification thereof. &Van§@@ ° �u� d o a JDTUP§Q� r� god°b�a�gQ�°�Q� Page 2 of: r�o°°a�a�gQO°wQ� d go6 Project Name: Project Location: Rule(s) ❑2008 Coastal Compieteness Keview t,necxusc h� S Received Date: Accepted Date ®1995 Coastal ®Phase It (WiRO) ®Universal of Permit: New or Mod or PR (%OK?) I Stream Class: Subdivided?: Permit # (Mod or PR): _Residential---_ ®SA Map —1nORW Map Paperwork Emailed Engineer on: :]Supplement(s) (1 original per BMP) BMP Type(s): I0&M with correct/original signatures (1 original per BMP except LS/ plication with correct/original signatures (Coro or LLC: Sig. Auth. per SoS or ®$505 (within 6mo) Soils Report with SHWT ®Calculations (signed/sealed) ❑No obvious errors Density includes common ad Restrictions, if subdivid Signed & Notarized swales) /❑Email Ac j°"" Note to R, etc C on File? Design Owner 61 /-0 o rye u Plans ElSets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ®Grading Wetlands: Delineated or No Wetlands ®Vicinity Map Layout (proposed BUA dimensions) ®Legend ❑DA Maps El Project Boundaries Infiltration Wet Pond offsite Soils Report Soils Report �PE Cert for Master Lot #: SHWT: SHWT: Deed Rest for Master Lot # Matches Master Bottom: �PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional information: Der. itrnd Prnnncad• Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: 5SW (3 0806727- 2. Project Name: 'n2WlJ GFA-P55Z 3. Current Permit Holder's Company Name/Organization: SHA-u.67TC PA-P-/A---71S. 4. Signing Official's Name: ,n- I IM M,-i el5 Title: 5. Mailing Address: PO P30 2-4�?9 I City: C-H &Q ca j Tt= State:/\J�f, Zip: Z e ZZ,¢ 6. Phone: (JOg) S(a�( -�i7S Fax: (� 4 elf -g/I II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: RP C><!-{_.f}('4¢ S N 1—LC, 2. Proposed permittee's signing official's name: 7�G£;�Dlfk C't ✓vitdt Vkd(� 3. Proposed permittee's title: 4. Mailing Address: 110 WGL-: i 12-0 "D City: I-toef Ho4-M State: ,P Zip: je� 044- Phone: () Fax: 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) JkrThe property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) _ 'i=CEIVE JUL 0 11111 SSW N/O Change Rev24Sept2012 Page 1 of 4 _. i III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1 This completed and signed form. This certification rnust be completed and-signed,by 6oth.ahe currentYpgrmit holder and the new applicant if this. is_a change of ownership: 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. rE� Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I,. :Tas Q 'S , the current permittee, am submitting this application for a transfer of ownership for permit # SWg O9O(o22 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. n n , Signature: Date: _;ibJUNlS- r r _, /a Notary Public for the State of County of 40 leo /0/,u C, -,do hereby certify that [l�fy�On Y6U y h > 1, o d9 personally appeared before me this the 3C � day of Cam k an o 20—&, and ackno\�tetpg°tf q due execution of the for n instr Tent. Wi ess hand and official seal, (1/)P &I NZ5 ary bignature IN VNi M'u✓ R 1J`.: !i`i?,±i?1 id., P,15 SSW N/O Change Rev24Sept2012 Page 2 of 4 ��Ur,G COJ BY: °0°ecneoe+aea�••• EVE JUL 0 9 20% V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) hereby notify the DWO that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) Hthe most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWO approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement Bpast maintenance records from the previous permittee (where required) DWO stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed -in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Signature: Date: a Notary Public for the State of County of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev24Sept2012 JUL 0 9 2014 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: different from street address) State: Fax: WE Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWO Stormwater permit. As the property owner, it is my responsibility to notify DWO by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 1'0- SHALLOTTE PARTNERS, LLC P.O. BOX 240351 CHARLOTTE, NC 28224 Georgette D. Scott June 30, 2014 NCDENR Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 2405 Re: Stormwater permit No. SW8 080622 Dear Ms. Scott, As suggested by Christine Nelson of your office on June 27, 2014, attached is a partially completed State Stormwater Permit Name/Ownership Change Form for the subject Permit. Berkadia Commercial Mortgage, LLC foreclosed on and took ownership of the property on March 18, 2014. A copy of the Substitute Trustee's Deed is attached. Currently there is no communication between Shallotte Partners, LLC and Berkadia Commercial Mortgage, LLC. I can be contacted at 704-564-4575 if I can be of any assistance in this matter. Regards, all Partners, LLC rJmes B. M rs III Cc: Fenton Erwin, Erwin, Bishop, Capitano & Moss, P.A. Phil Norris, Norris & Tunstall, Consulting Engineers ECFEN E JUL 01 2014 BY: ��II(HIIiI111,111IiIII Jill 1IIJill III gd< P0039 oyo,_�a,a n neae.aoo ar<nelemaons PROP aPunsui<k County, NC Register of needss page 1 of 1 t7` rW Rn� eseoter 1-� -U �SL Ref Total_.._. CkS���-_'�F!_..., (cash Refun".:_ .___.... . - _ Finance_ r�ii:nrn Eon STATE OF NORTH CAROLINA COUNTY OF BRLNSNICK NOTICE OF FORECLOSURE 0F!k-DEE1D,OF'TRUST This notice of foreclosure is filed for recordation puts e;provisions oM.C.G.S. 45-38. Name of all parties in the original instrument: GRANTOR: Shallotte Partners, LLC TRUSTEE: Dennis Burnes BENEFICIARY: Berkadia Commercial-Iortgnge-Fi[:C,a��s;�,�_ The undersigned Trustee hereby files this NOTICE OF FORECLOSURE on that debt or other obligation in the original principal amount of $14,555,700.00 secured by the Deed of Trust executed by the Grantor to the Trustee for the benefit of the Beneficiary and recorded in Book 3060 at Page 404, as assigned in Book 3380, Page 1370, Book 3466, Page 1321, and';Aook 3497, Page 339, in.�h Office of the Brunswick County Register of Deeds pursuant to the provisions of N.e,.G-"/y 4, r3rr��� � Said Deed of Trust was foreclosed on . ��r chr�5;201. , and tli'Etisnd5ttonveycd thereby to BP Calabash LLC by M, t. „9, Substitute Trustee's Deed dated March -I 8, 2014, and 4e'wrt7gdt�ni the Office of the Brunswick County Register of Deeds. This the 31" day of March, 2014. J EL-IZ 8 , 'RIGf4rE REY SUBSTTTUTE�TRUSTEE Substitution of Trustee Recorded in BOOK 3490, PAGE 1239. ,rrt�lr , i ] , This Cenilles met mere are no delinquent ao )) valorem taxes, teo$, eesessmanis or other , (. JVC R�1,'__L,��- Z — Ilens which the Brunswick County Tax that nrq a ����;;, I: r� BI2l fir„ ,�r� yq lid( -w`� Collector Is charged wish collecting, Parcel Number 2c410Anollc! LI 4 caste F Re$sQ_---- K�ranCe_ Ilan on: es notated by the &unswiCk County ❑ a'. �rcoeouc mcsrd'oon C� Assessor's Office. This is not a car9lbatlon iyaNrmxcm"-n, cmgtin3l. that the parcel number matches the deed dBecdplkn. a�m±slX.n'airsce6L=m=5rc'hvOG0 _ '� In';Wi�e4i�pal,:.;rcl M:rnTict'9!J�C,''k..'l. IU� s„ _ Data (As.O Tex Col. I001. ax Spac.Y fPre area b and return to: �P ed by, 4belli'`Wnght'Embrey Wn'gf1f,'7ofley, Pope, Ekster & Moss, PLLC _ Brenda M. Clemons Rapider or Beads 228 N. Front St„Ste. 101-B 03-10-2014 11142:37.000 Brurewck County, NC NC REVENUE STRPP: $31473.eB (0110272) Wilmington, NC 28401 STATE OF NORTH CAROLINA Tax Parcel Number: 2410-0-00I-14 COUNTY OF BRUNSWICK�E'scisp.'I'ax:-S31,473.00 s�G117(C!i�G`�i SU'BSTITIiTE TRUSTEE'S DEED THIS DEED, made this 181h day of March, 2014, by and between Elizabeth Wright Embrey, Substitute Trustee in the deed of trust hereinafter mentioned, whose address is 228 N. Front St., Ste. 101-B, Wilminglon N.0 2840L, ereiiitu e rl cferred to as "Grantor"), and BP Calabash LLC, a Delaware limit d'liability:gompany,.whose.address is c/o Berkadia Commercial Mortgage LLC, 118 Welsh Rd.,'Horsham, PA'19044,F(hereinafter referred to as "Grantee"). The .:Ls real property conveyed herein does not include the primary residence of the Grantor. WITNESSETH: WHEREAS, Shallotte Parmers, LLC executed and delivered unto Dennis Burnes as Trustee, that certain deed of trust dufed;and reGQrded"on''],u y-'i; 2010, in Bock 3060, Page 404 in r� �µlhr the Office of the Register of Dee�i� fo�Bnins `ck Cotatty;�N9rih Carolina; and u . tcJ�3$,, :;T WHEREAS the deed of trustwas therea0elfi igned per assignments recorded in Book 3380, Page 1370, Book 3466, Page 1321; and, to Grantee per Book 3497, Page 339, all as of record in the Office of the Register of Deeds for Brunswick County, North Carolina (as assigned, the "Deed of Trust"); WHEREAS, default having o'C6ugc0.jif-Q1Vpa;mleni of the indebtedness secured by the 1 Deed of Trust and in the perfofm�ICe bf tk�c`slipulaiiori9`rtivd•=conditions therein contained, and c ". Grantor having been substituted as Trustee, by thaI cdrhvn document recorded in Book 3490, Page 1239, in the Office of the Register of Deeds for Brunswick County, North Carolina, due III!(IIIIIIIIIIILIIIII�'IIHIIIIIII III B3509 P0940 uyr, N:42:3].000 Brenda PROP OruR 4tai�lCou(,ty-,-,.NC-'Regtster of Oced% page age I or 3 nil F�J ;1.-nl c r�\I IIIIII III'IIIIIIIII�IIILIIIIII IIIIIIII palP8941,m nv 3vIpro? t ,r`�.:.nrun.ulek [wn!$, }iCi.R.pl sler .f needs pap. 2 of 3 demand was made upon the Grantor by the owner and holder of the indebtedness secured by said Deed of Trust that she foreclose the Deed of Trust and sell the property under the terms thereof; and WHEREAS, under and tiy.virtue of the power1 add',.t�ithority in her vested by said Deed ihe of Trust, in accordance with th ?� aiajlstipulations of the same, and having instituted a special proceedutg before the Ber of StSpenoiyz ourl_of Brunswick County, entitled "In the Matter of the Foreclosure of the Deed of Trust of Shallotte Partners, LLC to Dennis Barnes, Trustee, recorded July 1, 2010, in Book 3060, Page 404, and assigned in Book 3380, Page 1370, Book 3466, Page 1321, and Book 3497, Page 339, Brunswick County Registry", bearing _ Brunswick County Special Procee_�ding;case . beg14l SP`i ;and after due advertisement as by statute required, and due and 4 v.r�oode lliovnng beengi>;;jo that party entitled thereto, and a RJR"n.Cvmr� proper hearing having been conducted on Fdbrvnry;a 014, whereupon the Clerk of Superior Court of Brunswick County, North Carolina, authorized Grantor to proceed under said Deed of Trust and sell the property as hereinbelow described, Grantor did at. 10:00 a.m. on March 5, 2014, expose the property described in said Deed of T t, and hereinafter described and M /off 1 conveyed, for sale, subject to my ana?alj superiij 1�1ep5;•tar2 s, special assessments, restrictions, .11// easements, conveyances, and re��ar$fr@; `at-pVC (uctidn'sf0ietBrunswick County Courthouse in Bolivia, North Carolina, when and where BP Ch}abasln LLC, a Delaware limited liability company, became the last and highest bidder at the price of $15,736,065.09; WHEREAS, Grantor duly reported said sale to the Clerk of Superior Court of Brunswick County as by law required, and`tl7ereolier said sale remained".open ten (10) days and no advance bids were placed thereon within the time:all - Ij ib, WHEREAS,;and ii(1 rlil(.';1iJ u said purchase hasibeen,fiil]^y ciedlt", - /sin NOW, THEREFORE, in consideration of"t}ie• premises and of the credit of said purchase price by Grantee, the receipt of which is hereby acknowledged, and pursuant to the authority vested in her by the terms of said Deed of Trust, Grantor does hereby bargain, sell, grant, and convey unto Grantee "idid.its successors_ andTsig�, without warranty, and subject to any and all superior liens, taxes, spemal-�a pgsmenls, rest, dons, easements, conveyances, and taxes, n�,XA releases, all that certain real and-persbir prop_,, lying and being in Brunswick County, worth Carolina, and being more particularly designated and described as follows: �J��(llil�llllll�llllllllfll116111t11111 8353 09 P0942Q 3�o33P��P � .z=•1Li� Being all of Tract 6A as shown on the survey for Shallotte Partners, LLC, recorded in Mop Cabinet 66, Page 15 in the Office of the Register of Deeds for Brunswick County, North Carolina, said Map being incorporated herein by reference. -qa, f `. TO HAVE AND TO,HOI7Il!'thf-said-pro�em�.together with the privileges and appurtenances thereunto belongirSg,"unto s+udQGrnatee.and its successors and assign, forever, in as full and ample manner as the Grantor, as Substitute Trustee, is authorized and empowered to convey the same. IN WITNESS WHEREOF, Grantor, Substitute Trustee, has hereunto set her hand and affixed her seal the day and year fiis'ltybpverw,ritten. f ] [91—' (SEAL) Elizabrkth Wright EmVcy V SubstituteTrustv,.I'� J p P. (I, -' r STATE OF NORTH CAROLINA ,uG1i�17�.52 COUNTY OF NEW HANOVER 1,JPh`r„-C % . a Notary Public of New Hanover County, North Carolina, certify that Elizabeth Wright Embrey, Substitute Trustee, being personally known to me, personally appeared before me'this day and acknowledged-; the due execution by her of the foregoing instrument as Substitute T`rii§tee fn�)hg�,brlioses-ezpressed herein. Witness my, band anddofr .pi alJ§t/e�m+p'op enl,Ft}iis'16'dayofMarch, 2014. an fi`n 7`_ .•,0 n toa,u, m.np `NNE F. p - - Notary Public My commission expires: �..�r' �,�iaRy sca rLif�C,�,G...... ...__ .. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII V497 P0339nao�z arunsulck CounnyhNe Re CJster of D<ede pope t of 'PROF After recording, please ��IJ2I [L'�i! return to: jjI ilr�`I t.til:f r;'rF>aTT(�C�. P.a!Ef LJj,Z +♦�!-"unl2�8t:_1' lai Berkndin Commercial Mortgage LLC I:. s <— F c Jf J_�CaSii$ 118 Welsh Road ft6tiva __Ca= `- _9rance� Horsham, PA 19044 CF:an :of J. nern al:. Ilya: 111c11. wraoan Attn: General Counsel wcgir';_,,._-_� R�lr.xa-' C G9caixia ..� aa.,a,=e se. ota�i;a' <:a... rr,.+.'pfitectiPdl,-6noltr �a�R/.I'!Y.,'a CJy+'C Project Name: Calabash Town Ccntcr'7ypts,� City, State: Calabash, North Car J , __ ASSIGNMENT OF btV0-?OF TRUST BERKADIA COMMERCIAL MORTGAGE LLC, a Delaware limited liability company ("Berkadia"), in consideration of Ten Dollars ($10.00) and other good and valuable consideration, hereby assigns, transfers, sets over and conveys to BP CALABASH LLC, a Delaware limited liability cd'inpany, having ari.afficclat c/o ➢erkadia Commercial Mortgage LLC, I IS Welsh Road Florsha�in{(Pe insyhlanra 19044 ("Assignee"), without recourse, representation or warrant a tli'le,016% in d ' -� P I I1 tfV g� 1. Deed of Trutt and Assignment of Rents, Pme (Multifamily) by Shallotte Partners, LLC in favor of Bcrkadia Commercial Mortgage LLC, dated and recorded July 1, 2010 in Book 3060, Page 0404; as assigned to Secretary of Housing and Urban Development of Washington, D.C., its successors and assigns, by Assignment of Deed ofTnut recorded March 12 2013 in Book 3380, Page 1370; as farther assigned to Berkadin Commercial Mortgage LLC, by .Assignment of Dart of Trust recorded Odoberr^_3, 2013 in Bgok:34�6,iPeje.1321, all with the Register of Deeds, Brunswick County, North Caro)inn;, 2, L`3�,�. ' with respect to the property described as: Being all ofTrdEt 6A as shown on the survey for Shallotte Partners, LLC, recorded in Plat Book 66 at page 15 in the Brunswick County, North Carolina, Registry. r�r'i il LLB [Remainder of Page Intenfionally , citBliii�k;'�SSgnnatures Appear on Following Page] r...,. �! a K11C116'1159 0•`: 29161sDn00030 nn^saol< Ll] Ii [ .1J �Ir. `Ilfl1�161(�llll111ai11II�rli�llllllll 8 ord. M.P0340 Cl---r-.62FR" i IN WITNESS WHEREOF, Berkadia has caused this Assignment to be executed and delivered under seal by its duly authorized agent as of the 24th day, ofJanuary, 2014. �IjFZF+.-DIA COMMERCIAL MORTGAGE LLC �U111�i(�i la,el liability company Its: PresidgnM CFO COMMMVEALTH OF COUNTY Before me, I i4ti ">,r lam a Notary Public in and for the State and County aforesaid, personally app ed K with whom 1 am personally acquainted (or proved to me on the basis of satisf tory evidence), and who, upon oath, acknowledged hcrsel&himself to �beythe P,�,„lF„}:��Y,1-, of Berkadia Commercial Mortgaee LLC, and that as such officer7��beiug��lu1yi�uthtlrized so to do, executed the foregoing instrument for the purposes thendirj�ciotft�ihed, 1y sjgping:;Ibc name of the company as such officer. �L1). `- ,U;''r,7i i)S ;,z— 44, Given under my hand this the day of H14. Ndt `•blofaiy;I;ublic Print Name: My Commission Expires: ;.,. 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