SW8970105_HISTORICAL FILE_19970611 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 97 01 05
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
j Q q% 06 11
YYYYMMDD
i

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 11, 1997
Mr. L.A. Smith, Vice -President, Legal
Home Depot, USA, Inc.
2455 Paces Ferry Road
Atlanta, GA 30339
AdObodMbtttMkr®
C:)EH1'*sJF=1
Subject: Permit No. SW8 970105
Smith Creek Station
High Density Commercial
/New Hanover County
Dear Mr. Smith:
1&/kj � �s4c_L
Stormwater Project
The Wilmington Regional Office received a Sto},trtwater Management Permit change of ownership form for the project, Smith
Staff
Creek Station on June 4, 1997. review of the plans an specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Title 1�4A NCAC 2H.1000. We are forwarding Permit No. SW8 970105
dated June 11, 1997, for the construction of Smith Cre��C Station.
This permit shall be effective from the date of is\uance until March 11, 2007, and shall be subject to the conditions and
limitations as specified therein. Please pay specia a ntion to the Operation and Maintenance requirements in this permit.
Failure to establish an adequate system for opera on and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations con m this perm [are unacceptable, you have the right to request an ajudicatory
hearing upon written request within thirty Fbf
) days followin receipt of this permit. This request must be in the form of a
written petition, conforming to Chapter 150EtheNorth Caro' General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-74C Unless ch demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910)
395-3900.
Sincerely,
Rick hi)er P.G.
Acting Regional Water Quality Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIT\970105.JUN
cc: Phil Norris, P.E.
Tony Roberts, New Hanover County Inspections
Beth Easley, New Hanover County Engineering
Linda Lewis
W.ilminktori.Regiot al Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State Stormwater Management Systems
Permit No SWS 970105
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Home Depot, USA, Inc.
Smith Creek Station
New Hanover County
construction, operation and maintenance of 2 Detention Ponds in compliance with the provisions of 15A NCAC
2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until March 11, 2007 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. Pond 1 of the stormwater control has been designed to handle
the runoff from 688,356 ft2 and Pond 2 for 708,396 ft2 of impervious area.
Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
701

State Stomwater Management Systems
Permit No SWS 970105
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Smith Creek Station
Permit Number:
970105
Location:
New Hanover County
Permittee:
Mr. L.A. Smith, Vice President -Legal
Mailing Address:
Home Depot, USA, Inc.
2455 Paces Ferry Road
Atlanta, GA 30339
Application Date:
January 6, 1997 (Original)
June 4, 1997 (Change of Ownership)
Water Body Receiving Stormwater Runoff:
Smith Creek
Classification of Water Body:
"C Sw"
Pond Depth, feet:
POND I POND 2
7.5 7.5
Permanent Pool Elevation, FMSL:
33.1 34
Total Impervious Surfaces Allowed, ftz:
688,356 708,396
Future Development
93,654
Outparcel 1
19,602;
Outparcel 2
47,916
Outparcel 3
45,738
Outparcel 4
43,124
Outparcel 5
49,658
Required Surface Area, ftz:
24,669 25,305
Provided Surface Area, ft2:
32,400 37,000
Required Storage Volume, ft3:
55,012 56,642
Provided Storage Volume, ft3:
62,190 62,480
Temporary Storage Elevation, FMSL:
34.9 35.6
Controlling Orifice:
3.5" pipe 3.5" pipe
3

State Stormwater Management Systems
13 .,= t No. SWS 00105
4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per
approved plans.
5. Deed restrictions must be recorded prior to the sale of any outpareel or future area shown on the approved
plans to ensure that future owners are made aware of the built -upon area limitations. The following
statement must be recorded:
To ensure continued compliance with the NC Division of Water Quality Stormwater Management
Permit Regulations, 15A NCAC 2H.1000, outparcels and future areas as shown on the DWQ
March 11, 1997 approved plans, are limited in total built -upon area. Built -upon area ncludes any
pavement on that portion of the right-of-way between the front lot line and the edge of the road,
structures, pavement, walkways of brick, stone or slate, but not including wood decking or the
water surface of swimming pools. Built -upon area limits and the corresponding control system
are as follows:
Pond #
Future Development 93,654 ft2
Outparcel 1
19,602 ft2
Outparcel 2
47,916 ft2
Outparcel 3
45,738 ft2
Outparcel 4
43,124 ft2
Outparcel 5
49,658 ft2"
"All built -upon area from the outparcels or future areas must be directed into the permitted
stormwater control system."
"Additional built -upon area will require a permit modification."
"The connection into the stormwater control shall be made such that short-circuiting of the system
does not occur."
6. The rmittee is responsible for verifyingthat the pe respo proposed built -upon area does not exceed the allowable
built -upon area.
7. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to the project should require a modification
to the permit.
4

State Stormwater Management Systems
Permit No SWR 970105
8. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made.
H. SCHEDULE OF COMPLIANCE
The permittee will comply with the following schedule for construction and maintenance of the
stormwater management system:
a. The stormwater management system shall be constructed in it's entirety, vegetated and operational
for it's intended use prior to the construction of any built -upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
C. All connections into the stormwater system from future areas/outparcels shall be made such that
short-circuiting of the system does not occur.
2. The permittee shalt at all times provide the operatiort and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
Records of maintenance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date, activity, name of person performing the work and what
actions were taken.
4. This permit shall become voidable unless the facilities are constructed in accordance with the conditions
of this permit, the approved plans and specifications,,,and other supporting data.
5. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation
of this permitted facility, a certification must be received from an appropriate designer for the system
installed certifying that the permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
5

State Stormwater Management Systems
Permit Nn SWR 970105
6. A copy of the recorded deed restrictions must be submitted to the DWQ within 30 days of the date of the
recording. The recorded copy must be signed by the permittee, dated, stamped with the deed book
number and page, and bear the stamp of the Register of Deeds.
7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a
minimum of ten years from the date of the completion of construction.
III. GENERAL
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal request must be submitted to the Division of Water
Quality accompanied by supporting materials as may be appropriate. The approval of this request will
be considered on its merits and may may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and
federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
The permittee grants DEHNR Staff permission to enter the property for the purpose of inspecting all
components of the permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for
a permit modification, revocation and reissuance or termination does not stay any permit condition.
Permit issued this the llth day of June, 1997.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
a otl/
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 970105

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E. Director
` A&K #97112
L�
C)l F= N FR
RECEIVED
WATER QUALITY SECTION MAY 2 9 1997
PERMIT NAME/OWNERSHIP H N .. FORM ANDREW AND KUSKE
1. 409,11)PLT PERMIT INFORMATION:
©©YvvYYY�
1. Permit holder's name: Baita Development Company, L.L.0
2. Permit signing official's name and title: coe-n V • Rjeyls Tr
(Person legally responsible for permit)
•P�ide>yt Sen ; ot- V i r 67 7i aFa T-
(Title)
3. Mailing address: 1777 Northeast Expressway City: Atlanta
State: GA Zip Code: 30329 Phone: ( 404 ) 329-2570
II. NEW OWNER/NAME INFORMATION ST®AMWATER
1. This request for a name change is a result of: n E C E I V E D
X a. Change in ownership of property/company Iu^u( JUN 041997
b. Name change only PROJ k D E?U/OS
C. Other (please explain):
2. New owner's name (name to be put on permit): Home Depot U: S.A Inc.
3. New owner's or official's name and title:
(PerAort 1egal� responsible for permit)
VICE PFL:,o)ENT•LEGAL
(Title)
4 Mailing address: 2455 Paces Ferry Road City: Atlanta
State: GA Zip Code: 30339 Phone: ( 770 ) 433-8211

THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
`.ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED
BELOW ARE INCLUDED WITH THE SUBMITTAL
REQUIRED ITEMS:
This completed application
2. Preeessing fee of $100 00 (Cheeks to be made payable to DE14N ) N/A
3. If an ownership change, legal documentation of the transfer of ownership (such as.a contract,
deed, articles or incorporation)
�y
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. THE NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S
CERTIFICATION.
Current Permittee's Certification-
Coen V• j�u,-v f5 ,-EIT-7
attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
�S�tS of this application are not completed and that if all required supporting information and attachments are
not included, this application package ill be returned as incomplete
Ic
Signature:P_Z4$� Date:
Applicant's Certification:
I, , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed and that if all required supporting information and attachments are
not included, this applic Lion package will be returned as incomplete
Home D .S.A., Inc.
7
Signature: L/ Date:
CA. SMITH
VICE PRES DENT -LEGAL
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
GizEG JT vrrf
North Carolina Department of Environment, Health, and Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Telephone: [phone]
Fax: [phone]

• -COEN V.PURVIS
R a fa- rTJ r-SENIOR VICE PRESIDENT=
,..
'BAITA INTERNATIONAL'INC"lt"="
8130 BAYMEADOWS WAY WEST O JACKSONVILLE, FL 32256
• TELEPHONE[phone] O TECEFAX(904) 739-90U8

A&K #97112
POND MAINTENANCE REQUIREMENTS
Project Name: Smith Creek Station
Project Number: SW8 970105
Responsible Party:
Home Depot U,SA,
Inc.
Phone Number:
1,6__
q 33 - ePLL
Address: q5'55
00(-e5 kf
q -?b NIJ
— 44'(Q/+all
6A-
3633Jj
1. Inspect monthly, or after every runoff -producing rainfall event, whichever comes first
A. Remove debris from the trash rack.
B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check
for pump operation.
C. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event.
D. If the pond is operated with a vegetated filter, check the filter for sediment accumulation, erosion and
proper operation of the flow spreader mechanism. Repair as necessary.
11. Quarterly
A. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear
accumulated trash from basin grates and basin bottoms, and check piping for obstructions.
B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes.
C. Reseed grassed swales, including the vegetated filter if applicable, twice a year as necessary. Repair
eroded areas immediately.
111. Every 6 months
A. Remove accumulated sediment from the bottom of the outlet structure.
B. Check the pond depth at various points in the pond. If depth is reduced to 75% of original design depth,
sediment will be removed to at least original design depth.
D E C E I V E
JUN 041997 D
PROJ N � t Of 05

". 4k
POND MAINTENANCE REQUIREMENTS CONTINUED
PAGE
IV. General
A. Mow the side slopes, not including normally submerged vegetated shelf, according to the season.
Maximum grass height will be 6"
B. Cattails, and other indigenous wetland plants, are encouraged along the pond perimeter; however, they
must be removed when they cover the entire surface area of the pond.
C. The orifice is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that
time, the system may be clogged. The source of the clogging must be found and eliminated.
D. All components of the detention pond system must be kept in good working order.
V. Special Requirements.
1, tome- U epm U • :;) • M • I -FN C • hereby acknowledge that 1 am the financially
responsible party for maintenance of this detention pond. 1 will perform the maintenance as outlined above, as part of the
Certification of Compliance with Stormwater Regulations received for this project.
f{pryiE 9K U.5.A.,.zNC- ^1 of
Signature: ) �_ Date: 'vlrM i .
L. A. RWTW
VICE PRESIDENT -LEGAL
I
1, y t a ae}un — C{E E Q , a Notary Public for the State of Geo a l t9
County of C) tbp� do hereby certify that
�. IQ . `JM 1TI'f
personally appeared before me this % day of mc1 4 , 19 9_ and
acknowledge the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL 0 40TAgJ'
�^�� GEORGIA
My Commission Expires: tom(' (Uoyl o11 , ,'� DI
AVBL�G r

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..- j
AY-Os-97 18:40 From:ALTt1AN, KRIT2ER d LEVICK TT0952TS21 T-251 P.02/10 Jab-053
MNI N 3 NMI
AGREEMENT �pREW N9 04
THIS AGREEMENT (hereinafter sometimes referred to as the "Agreement") is entered;
into this the 28th day of February, 1997, by and between HOME DEPOT U.S.A., INC., a
Delaware corporation ("Home Depot"), and BAITA DEVELOPMENT COMPANY, L.LC., a
Georgia limited liability company ("Baita").
SyIINESSETIl THAT:
WHEREAS, Baits. and Home Depot previously entered into that certain Real Property
Purchase Agreement having an Effective Date of October 29, 1996, as same has been amended
(said Real Property Purchase Agreement as amended is hereinafter referred to as the "HD
Purchase Agreement) pursuant to which Home Depot and Baits. each agreed to sell and purchase
certain real property lying and being in New Hanover County, North Carolina, that each were to
acquire from third parties;
WHEREAS, the portion of such property that Baita was to acquire from third parties is
referred to herein as "Seller's SC Portion" and is more particularly described in the the HD
Purchase Agreement using the same defined term; and
WHEREAS, Baita entered into those certain purchase agreements for the purchase of the
Seller's SC Portion that are more particularly described on F.xhihit " attached hereto and by
this reference made apart hereof (the "Baita Contracts"); and
WHEREAS, the parties desire to provide for the assignment of the Baits. Contracts to i
Home Depot and such other matters as are more particularly set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which are all
hereby acknowledged by each of the parties hereto, the parties hereto agree as follows:
1. caltl.
(a). Baita hereby covenants and warrants that: (i) the sum of the unounts that Home
Depot has previously paid to Baita, together with the amounts that Home Depot has agreed to
pay Baits. pursuant to the specific terms of this Agreement, is equal to the total of all amounts due
and payable to Baita under the HD Purchase Agreement or otherwise, including without limitation
all due diligence costs and all reimbursements of earnest money under the Baita Contracts; (ii) a
true and complete list of all of the amounts previously paid, and all of the expenses, costs, fees
and amounts that have been incurred to date, for all due diligence costs with regard to the "Total
Tract", the "Shopping Center" and the "Project" (all as defined in the HD Purchase Agreement),
which includes without limitation all amounts payable with regard to all of the material described
in Section 3 below. is set forth on Exhibit "U" attached hereto and made a Dart hereof by this
w jai'
EH /
D E C E I V E
JUN 041997 D
D E M
PROJ N.-----
�_

f-09-91 I8:E0 From:ALTIMN, KRITZER 6 LEVICK TMUT221 T-2S1 P 03/10 Jab-653
BY;BAITA iNT'L ATLANrA : 2-20-07 4 01PM : 13AI1A INr'L AILANTA- ALTMANKRIT7.ERLEv1CK;tt 2/ 4
Nr tar: z-za-a, asuu nl_,afYv MI J[ - ,v orau
Total Tract, the Shopping Caster and life Prnlaat that aro not set fbrth on $t><hlLrit "D" dhall be
paid In 1U by Balts as and whm due and payable.
Hams Depot agrees that it shall pay Brdta widiln throe bujinaas days Of the data of eccecution
hereof (t) the lrualou of Hnrm Deprn's Share &the Due D11118=00 Costs (Paid and Unpaid) that
Baits advises Hama Depot Is lnvpedlahaly dus sari undisputed (ths perder—WR stag tint vf—
any Unpaid Duo Dlllgewe Coats that one nut immaaiistdy, due or are disputed aliali be iloocated to ,e■�a��
Hearn Depot); and (11) allara
representins the tuipald amount of all reimlmrwrl rdv of earnest many payable by Ha DvVat
to t3aloe puromen, to the I]D rurvj m AWo meat wlttun ervan tnimMus days oftlle date hareaf.
Baits mEndi pay all duo and undisputed pottlonvr of tha Unpaid Due Diligence Coats. tMtldn dory
(30) days after thn date hmwmf, Dalta shad pay an of tl,a rsmuundar of this Unpaid Dug Dilieonoo
Costs, and Home Depot shall ptry Salts during ouch thirty (3o) day peclod an amount not to
mcomd the fmmelaing portion of Rome Depot's Share of the Due Dnlgacee Casts (Paid arrd
Unpaid) within Ave (5) buelnees dgys after teoaipt of written notion Dion Dale evidencing
paymmta and amounts. Any robatoo or raduotlons in such chargea shall be adoeatod berwem the -
parties, with 340A vraLLcAL. sew or rvduatrnna alleeatvd nr paid to Roma Despot sad dre .
remaining fibA allocated to Balta. Doha covmaantg that it ahall provide Name Depot at all times
with a complete soeauating of all of this rtmounta payable by Belts pursuant to the tenrta hereof
uul evideoae of the peynuort tbmwaf, shall keep complitw and accurate records regui ing the
Total Coate end all mflauKtiona dirne C ahadl proeurn any paid irnecloea WAvcr lien waivers that
Hama Dopvt may reasotinWy roquIM and shall In no cvmat allow the filing of any Dan of sin ilu
amamnbmwa upon any portion of the Taal Tract due to Its W4170 to Pay say of the Total Costs.
no partly L%Wl 000perate with each otfter in correcting now accounting cirors.
(b). lathe overt that riome Depot purchases the Seller's SC Port;oa purswnt to d,ee
aa=M Put and Option Agrumnent of even dam harewifh ay lord between Hauto DVM and Henry
B. Miller, Jr., Llonel Yaw, Connie Yew and Racine LL.0 (tha °Put and Option"I then provided
that Baits. ha not in deiiatil heraAnder, Rome Depot shall within thirty (30) days thereafter
rtalmbueeo Baits all Due Diligence Costa out forth on that love been poi B ' a t
(hut nut arty Pot tort of tba lotto Diligence Costs paid by flume palrot)_ pan a expl n of
the Put and the Option aontaiand in the Put and Upton Agroornow wifhanmt a Closing d ,®
the Ibregoing agrserneat ahall o®ae and tormtmate. AO
(e), Balta shall darand, indamnlfy end hold Home Depot, Its employees, oficats.
sbaraboldem throe rs, Monte, contssc Oft, assigns and wccsesandn lmtaeet, harmless ftm anxil
agatrmt any UW all ruins, a d®e, loss, cost, damage and mgwnoo anctudlnA ressoaable attorneys,
puWIng �a�h tsy Baru of say of me repnescaultona, waftuutes and covenants�
contal
2. AnitptmML Halm hereby sails, sealgno, trtutatbra, conveys and rota Peer to Hams Depot
all ofBal"'s ri^ title and lwomt, claim or dame and whatsoever in end to (u the bema$ts of the
nttita Ccmrr%cW (U) without limiting p) faregoing, any and all option Dsyntants6 earl"t utoney
deposits or other like payments or deposits heretofore paid or made with respect to the Haile
0ee4raa4at and (tirJ =a g"Qea'o BO pordes. Saito Werraada the% tr%.o and complete vvpias vTthre
Buts Contracts have ben prevfcwly delivered to Homo Depot the 13alts, COAttawea Gsw mot
been u9snsd, traaslbar aoovoyvd, Pledged or etlatmbered aetaePt as to the usitistntmtt eo
Home Depot purwami to this Afdrsemaut, the Banta CoatraaU are assignable without the consent
of the sellers Shercuudta, the Batts oonM=o are in (Ull fbrce and a MC14 and trere are tam defltults
thetewtndes', nor has there fawn airy act or 0MUM01, to sot that would 000etftute a dursult.
thwr4nder but fbf the Paetrale of time utd/or the swiss of notice
3 OIa..." N arm: ter. Pnn Endcn_"atCa"Wa Uwcme
CMUSU , pain, hoseby auigna to Hotme Dcoot all of la d¢ht. title and laterak in and to sew
and all; (1) due dWg=wc materiab rejuding Ste ToW Tract the PrvJeot and the Shopping Caster,
including without ihnitatlmm, aft Site plasm, surveys, geoteotmriod reports emvmoarmomtsl sutftts sad
atudloa, brio repass. sad VM1Lnmiesi (A) sU ptandts, lloesues, verlanaes, wavers am apprtveta
patalaing to or foistioa to the Told Treat, and the dovalopalamt arlhe MOO[ and
atthe
e gipping
Caster. h=hsdimg without limifetton tiit t Be phut apPraval4 ettglneo e`a
«g g' N tr
ars►.s
$8.851.0o
,,74!;;j:60,
. �V
W'�

WY-09-97 16:41 From:ALTIAAN, KRITZER & LEVICK TT09527621 T-251 P.04/10 Jab-653
department of transportation permits, water management permits, and parking variances, and
otherwise pertaining to buildings, occupancy, signs, driveways (including ingress and egress to
public thoroughfares), and environmental controls for the Total Tract, the Project and/or the
Shopping Center; (iii) all site work plans and specifications, civil engineering plans, specifications
and documents, and all architectural plans and specifications with regard to the Total Tract, the
Project and/or the Shopping Center; and (iv) the benefit of any contracts or agreements for the
provision of any of the matters set forth in (i), (ii) and (iii) above. Baita hereby agrees to
cooperate with Home Depot and to execute such documentation as is reasonably necesary to
effectuate the foregoing assignment, and hereby agrees that all such materials shall be promptly
delivered to Home Depot.
4. Return of Earnest Moneye Termination of AD Purchase Agreement Baita hereby
instructs the Title Company, in its capacity as escrow agent under the HD Purchase Agreement to
return the Dollars in Earnest Money previously deposited
by Home Depot under the HD Purchase Agreement, and hereby agrees that such amount shall
belong to Home Depot. The parties hereby agree that the HD Purchase Agreement is hereby
terminated and of no further force or effect, other than the repreaentations and warranties
contained in Paragraph 16, Paragraph 12A (other than subparagraph(j) which shall terminate) and
Paragraph 12B (other than subparagraphs (b) and (f) which shall terminate), which shall survive
and are hereby reaffirmed.
S. Notices. All notices, requests, demands or other communications hereunder shall be in
writing and deemed given when delivered personally, when telefaxed via confirmed facsimile
transmission, or on the day said communication is deposited with an expedited overnight delivery
service or in the U.S. mail, by registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
If to Baita: Baita Development Company, L.L.C.
1777 Northeast Expressway
Atlanta, Georgia 30329
FAX No.: [phone]
With a copy to: Schreeder, Wheeler & Flint
Attn: Warren 0. Wheeler, Esq.
1600 Candler Building
Atlanta, Georgia 30303
FAX No.: [phone]
If to Home Depot: Home Depot U.S.A., Inc.
2455 Paces Ferry Road, N.W.
Atlanta, Georgia 30339-9998
Attention: Legal Department
FAX No.: [phone]
3

1AY-09-97 18:A2 From:ALTIMN, KRITZER 6 LEVICK 77095ZT821 T-251 P 05/10 Job-653
r- BY:BAITA 1NT'L A'11-ANTA 2-2`6-S : 4t02PM t BAIT�A IN �
'L ATLANTA- ALTMANKRITYICK Aa31 4
rs,a or•
7. yM5aLgwjjjL. to the event lagal uetLm to m+tineed by soy of the psetbs to aefaroe the
tams of thla Agreemou or ariaia,g out of the mcmudi n of this Agroaraettt the prevailing Drafty
win be enthlod to rsoadw $ow the oter peaty or rm%Jes reasonable allanwY s fees to be
ddtflaluad try the court in wbtoh the action's brtntgbt.
s. Anolicuble jprz: n°�al� 70ji, TjjN ARrogma+t stILLI be govcmed by and ootvtrued
and tmtbructi in WQOfdance with the laws Of the State OrNorth Caroliu& In the evcar thus any
time pried hs:aacroder ands on a 8aWrday. a Sumixy or a nahon& h*Uiw. then ouch time period
shall be auUmuatio&lly extended to end an the aamt business day.
9. CugajgMaCN• Tall Agrotmtst teams bo mwuuted in several ooaetenmrta, esdt of WlLIG11
may be deemed an original, sad all of &uah ncamterparta together shall aonstinrte cue and the same
AarWHIMas• ramtmo■ oownerpact& of this Agrffflm oft ..pan collation shall soars w m'o ur! aopdea
of thin Agsemaant.
10. j;s,Rl{MA& Ail captions, head2npe, puWaph mW n+bparawmph tnlalbetr and Is UMI are
solely wr tel8reace pu+posm and sbaU not be doomed to ba supplumenting, Uraluve- or otbtawfae
verytna the teat ofthia Agreement:
It. B.mcanakILMaD The trtvalldky or unenforoea6llhr of a particular provision of this
Amvummt shall not affect the outer pirovislons hcrovC and this AaremzzmL aball be oonetruad Ln
all ragmcta m if swlr invalid or unangavasiAc pruvislon vmm OmilW-
12, gntire j%grnmeng. Thee is of the anomo of flail Agroarnent, Thin Agreement
constitulas the testa and entire agrecareot of the pastiae and is bladiug upon llturte•aopot and -------
Dana, and their respautim hairs, cuom"Ors, legal repreuatattves and asdyna
IN Wl'Tr4MSB WnZ&UC0F, Hmne Depot and Bea have mcecutad this Agreement under
&cal u of the day and yea Ant above writtan.
BAITA Dlc'VKL4Df5 24T COWANYt
L. L, C„ a Gvv)& 11mll ust."Ity company
'1'Kloa L46sid9kf/i�'��^�'
Ames;
Ntmae: 0 IU ..ro K�
Title: ✓ ow 011%ti-►-
(CO"OiLATJ3 BBAL.]
(Slgnecures Contlauod on No" Page)
M

aAY-09-3T 18:43 From:ALTNAN, KRITZER i LEVICK TT0952T821 T-251 P.06/10 Job-653
ki
0
(Signatures Continued From Previous Page)
HOME DEPOT U.S.A., INC.,
a Delaware coi:doratio❑
Name:
Title:
KATHRYN E. LEE
Senior Corporate Counsel Reel Estate
[CORPORATE SEAL]

rtY-09-91 19:43 From:ALTt1AN, KRITZER d LEVICK TT09527921 T-251 P.07/10 Job-053
Baita's Contracts for Seller's SC Portion
Land Sale Contract by and between Baita and Russell D. Simmons, As Trustee first dated
November 14, 1996, As Amended
Land Sale Contract by and between Baita and Henry E. Miller, Jr. and Lionel L. Yow (and Racine
Associates Per Addendum) first dated November 10, 1995, As Amended
Uniform Option to Purchase by and between Baita and Annie and Ervin Hendrix Dated January 1,
1996 on its face, as Amended

AY-09-97 16:43 From:ALTIMN, KRITZER 4 LEVICK 7709527621 T-251 P.06110 Job-653
Off �MWPW
TOTAL. COSTS
DUE DLIGENCE COSTS
REMAINDER COSTS
DUE DILIGENCE COSTS
PAID DUE DILIGENCE COSTS
UNPAID DUE DILIGENCE COSTS
Baits's Share of the Unpaid Due Diligence Costs
$
400M
Home Depot's Share of all Due Diligence Costs (Paid and Unpaid) MMM

t11'-09-97 18:E3 From:ALTMAN, KRITZER d LEVICK TT09927B21 T-251 P.09/10 Job-693
BY!BAITA IIYT'L ATL NTA : 2-28-97 ; 4:02PM
SAITA INT'L ATLANTA- ALTMANKRITZFRIEVICK:s 4/ 9
MEW
FOR. VALO13 RSGEIVED, the undctalgrted, DAirA DLrvmoPhEnT-r' ccmwANY,
L.L.C., a Oeoagla corporation ('A miawe' or "Hake"), hereby calla, maslgns, tranems, conveys
mad sags over to HDMB DM110T U.S.A., INC., a Delaware corporation ("Assignee's all of
Asalgnaea right, We and Insanst, claim or damsad Wb1ts0ever in and to (i) the benefits of those
certain Land Salo Coofraou and Option Contracta dosrribed on Exhibit "A." attached hereto and
reads a part ltmeof (collectively, the "Agramosmis"), partAining to cartaln property (tbe
+property") invvllmingtna, North CarulIna; (ii) without limiting (1) fbrag oing, any and mH option
paymoata, serest ovwooy deposits or ether dike paymaw■ yr drpoatta hentvCa v paid or roads
with respect to sold Azrowpmte; and C4 the Prop" wWrA is the subj not of the Agroememts.
pa&atmlle eeanterparts of this Agremnarm upon collatlon aha11 nerve as originatcupies oftbis
AgrocamIL
IN VMMSS VaDMROF, Assignor has oxecutad Chit Aailiteromnl. of-AWmernents under
aeal as of the 26th day of Feb rusty, 1997.
Sicouj sealed and delivered in
the_ VEAPence of'.
c`I
STATO OF Gearzfa
COfJNNQp llakalh
ASSIGNOR:
BAITA I
L.L.C., a
T COMPANY,
Idablay Cowpany
Nea}e: I AA �NrS me**sr Gi ftAC dc
Title: vwT'
Attest:
Nam& to AfA° &PopA
(CORPOMATE SE ALj
H. Nicbael Caldvell
Onthe zet#y of raecVar7•_ 1097, bafbm mepersonally cams Dav1e 1, soleoe
known to me to be the Person whose name it subsctibed to the rorsyoing tnauttmeat, and known
by Me to be tba Yaeesrtaoc/cro _ of HAITA DKVBt.0PN03NT COMPANY, L.L.C., the
om*Lmy dntuilrod is nod whiob mmmud the fbroaolag laennmont, and acknowledged to we that
be executed saki Inatrtlatent fvrthe pun;*m@ mad oonaidentlnn therein mutremmed and as the not of
&mid ooat WW, that he known the Seel of said compww; that the Seal affixed to by order of the
board of directors of Chid CoMparpr, and that he signed his name themto by like order.
NotaryPublio Andrea Nhice
bvCommdamlonEmpires, may 27eh,.2000
weme

M-09-97 I8:43 From:ALTt1AN, KRITZER d LEVICK 7709927821 T-251 P 10/10 Job-693
M�m�rw
Baita's Contracts for Seller's SC Portion
Land Sale Contract by and between Baita and Russell D. Sinunons, As Trustee first dated
November 14, 1996, As Amended
Land Sale Contract by and between Baita and Henry E. Miller, Jr. and Lionel L. Yow (and Racine
Associates Per Addendum) first dated November 10, 1995, As Amended
Uniform Option to Purchase by and between Baita and Annie and Ervin Hendrix Dated January 1,
1996 on its face, as Amended