LAND USE Initial Application Date: 3-/a Application # / 4—#7". �
COUNTY OF HARNETT LAND USE APPLICATION
Central Permitting 108 E. Front Street, LiiIlington, NC 27546 Phone: (910) 893 -7525 Fax: (910) 893 -2793 www.hamett oorg n
LANDOWNER: A J $)'+ C^*4. Pala.'• 1 Mailing Address: � 1 2 - 5-4-)4 0/ 2 6- &)4 0/ 2 6 A -4 a
City: Sr") p- Lek, State: "f Zip: 2 Home #: Contact #: / /o - v -2afj
APPLICANT': \ 1 QL_ W TI RaS i TAIL Mailing Address: -0. r b'••M /by
city: 0 t b•' State:M- Zip: D/Sic Home #: Contact #: 9/9 _ C6c. - y. fi-
'please fill out applicant information if different than landowner /• cad. p
PROPERTY / LOCATION: Subdivision: A wLLf6N l/+A,Q C_L Lot #: -1 `l ` ,� Lot Size: • 3 1
Parcel: O nV'J S' \S15 1 00 s-1 PIN: 0501:. -5 3y04. cc
Zoning: iii) I' 2 Flood Plain: Panel: VA' Watershed: •N/4 Deed Book &Page: 0 f ( M Book &Page: 20 b? — 2 ? Z
SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: 14 1 / 4 1 Al W (. c....3 NJ7 s.....1 L.. raft (' on{ i f f•N'iv- .C..I"'Nmt C. or ek ICA"...7 L.R "-J.
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PR OSED USE: f' Circle:
SFD (Size 1 k '[ �) # Bedrooms # Baths 5 Th (w/wo bath) Garage 2.._ Deck l � f�l s awl Space / Slab
❑ Modular: On frame _Off frame (Size x ) # Bedrooms # Baths Garage (site built? ) Deck (site built? )
❑ Multi - Family Dwelling No. Units No. Bedrooms /Unit
❑ Manufactured Home: _SW _OW TW (Size x ) # Bedrooms Garage (site built? ) Deck (site built? )
❑ Business Sq. Ft. Retail Space Type # Employees: Hours of Operation:
❑ Industry Sq. Ft. Type # Employees: Hours of Operation:
❑ Church Seating Capacity # Bathrooms Kitchen
❑ Home Occupation (Size x ) # Rooms Use Hours of Operation:
❑ Accessory/Other (Size x ) Use
❑ Addition to Existing Building (Size x ) Use Closets in addition( )yes ( )no
Water Supply: ((7 County (J Well (No. dwellings ) MUST have operable water before final
Sewage Supply: (__) New Septic Tank (Must fill out New Tank Checklist) (J Existing Septic Tank (T�) County Sewer U Other
Property owner of this tract of land own land that contain a manta ured home Min five hundred feet (500') of tract listed above? ( )YES, NO
Structures on this tract of land: Single family dwellings anufactured Homes Other (specify)
Required Residential Property Line Setbacks: Comments:
Front Minimum 35 Actual 3
Rear 25 Z c.
Side 10 2•0
SidestreeVcomer lot 20
Nearest Building 6
on same lot
If permits are granted I agree to conform to all ordinances and the laws of the State of North Carolina regulating such work and the specifications of plans
submitted. 1 hereby state that the foregoing statements are accurate and correct to the best of my knowledge. This permit is subject to revocation if false
information is provided on this form.
Signature of Owner or Owner's Agent Date
"This application expires 6 months from the initial date if no permits have been Issued**
A RECORDED SURVEY MAP, RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPLICATION
Please use Blue or Black Ink ONLY
3/07
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. Oct . 2r L� '; J 9 05' No. 530"1 P.
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STATE OF NORTH CAROLINA
AGREEMENT FOR SALE
HARNETT COUNTY
THIS AGREEMENT, made and entered into this the 17th day of' October, 2009, by
and between Anderson Creek Partners, LP. (hereinafter referred to as "Seller ") and
Blackwell Homes, Inc., a company organized under the laws of the state of North
Carolina (hereinafter referred to as "Purchaser ");
WITNESSETH:
WHEREAS, the Seller is the owner of certain property consisting of single - family
lots developed in the Anderson Creek development in Harnett County, North Carolina
and more particularly shown on the maps filed with the Harnett County Register of
Deeds, hereinafter referred to as Anderson Creek Club Phase 4B -2B.
WHEREAS, Seller has agreed to sell lots 744, 745, 746; 747.748 & 749 to
Purchaser. Purchaser has agreed to purchase the same upon the terms and conditions
hereinafter set forth. The lot to be purchased is hereinafter referred to as the "Premises ".
NOW, THEREFORE, for the good and valuable consideration as described
herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows.
1.0 Property to be Conveyed. The Seller shall sell and Purchaser shall buy all of that
certain real estate described above (the "Premises ") in the Anderson Creek
Development in Harnett County, North Carolina
2.0 Purchase Price. The purchase price for the lots shall be Two Hundred Seventy
Thousand Dollars ($270,000.00).
3.0 Ownership and Liens and Encumbrances. Seller covenants that it is or will be by
closing the owner of an indefeasible fee simple title to the Premises and will
convey the same subject only to easements, restrictions, and the Declaration of'
Covenants Conditions and Restrictions of public record.
4.0 Water and Sewer Utilities. The premises are, or will be by closing, served by
Harnett County Public Utilities.
5.0 Title, This Contract and all of Purchaser's obligations hereunder shall be subject
to and conditioned upon Seller being able to convey good and marketable fee
simple title to the Premises subject only to easements, restrictions and
Declarations of Covenants, Conditions, and Restrictions of record at closing.
6.0 Closing.
6.1 Closing Date. Purchaser shall purchase lots 744 & 745 within 30 days of
execution of this agreement, but in any event no later than November 20,
2009. Purchaser will then purchase lots 746 & 747 within 120 days and
lots 748 & 749 within 180 days of execution of this agreement Closing
shall occur at the offices of James E. Holshouser ("Escrow Agent "), or at
some other location if mutually agreed upon by Seller and Purchaser.
6.2 Delivery of Documents and Purchase Price. At closing, Seller shall
deliver a General Warranty Deed conveying the lots being closed to
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14.0 House Plan Approval. Purchaser shall submit all construction plans and design
drawings to Seller prior to construction for Seller's prior written approval
pursuant to the Anderson Creek Club Architectural Guidelines. Plan review will
be in a timely fashion, as set forth in the aforementioned Architectural Guidelines.
15.0 Earnest Money. Purchaser shall deliver on or before October 23, 2009 to
Seller's Escrow Agent, James E. Holshouser, Esq., The Sanford Holshouser Law
Firm PLLC, Pinehurst, N.C., the sum ofNine Thousand ($9,000.00) Dollars. In
the event of a default hereunder by Purchaser, Seller shall retain the earnest
money. In the event Earnest Money is received by Seller, Purchaser shall receive
a credit of One Thousand Five Hundred ($1,500.00) Dollars at the closing of each
lot.
16.0 Contract Execution Date. Purchaser must execute and deliver this contract on or
before October 20, 2009 or this offer of contract shall be withdrawn and null and
void.
17.0 Architectural Review Deposit Purchaser shall pay at closing a fee of Five
Hundred Dollars ($500.00) for each lot closed. Should the purchaser start any
construction prior to obtaining written architectural approval certain penalties
may apply as outlined in the Anderson Creek Club Architectural Guidelines.
18.0 Commissions. Purchaser acknowledges that he intends to build a home on the
Premises for a third party and agrees to compensate the agency provided by Seller
on the resale of both the lot and home to any third party. Purchaser will be
obligated to pay sales commission and marketing fees as outlined on the attached
Addendum A. Sales commissions may change at the discretion of the Seller and
the marketing agent of the Seller; however, in no event shall the commission paid
by the Purchaser exceed 5% of the sales price. Seller, in its sole discretion, may
change realtors at any time.
19.0 Marketing Fees. In addition to commissions, Seller may collect a marketing fee
not to exceed 1% of the Sales Price of the home and lot. The marketing fees will
be utilized to assist in the Seller's subdivisions sales and marketing expenses.
20.0 Indemnification. Purchaser shall forever defend, indemnify and hold Seller
harmless from any claim, loss or liability arising out of or in any way connected
with Purchaser's possession or use of the Premises, Purchaser's conduct with
respect to the Premises, or any condition of the Premises. In the event of any
litigation or proceeding brought against Seller and arising out of or in any way
connected with any of the above events or claims, against which Purchaser agrees
to defend Seller, Purchaser shall, upon notice from Seller, vigorously resist and
defend such actions or proceedings through legal connsrl reasonably satisfactory
to the Seller.
21.0 Limitations of Purchaser's Right to Resell Property. Purchaser represents that he
is purchasing the Premises as a Builder for the purpose of building and selling
homes on the individual Lot that comprise the Premises. Purchaser warrants that
he will not sell Lots either individually or as a group without simultaneously
selling a home on each Lot sold. Purchaser further warrants that he will not price
his home for sale on the Premises separately from the Lot on which they are to be
built, and that he will in no way indicate either directly or indirectly to buyers or
potential buyers of his homes that the Lot price component of his total home plus
, O:!.21. 2509 5:27rM
Purchaser. General Warranty Deed shall convey fee simple title to the
Premises subject to easements, restrictions and Declarations of Covenants,
Conditions, and Restrictions of record at closing.
6.3 Taxes and Closing Costs. Hamett County ad valorem taxes shall be
prorated at closing. Any transfer fees or excise taxes levied upon this sale
or the deed consummating this sale by Harnett County shall be paid by
Seller. Seiler shall deliver the Deed, a lien waiver and a Deed of Release
at closing. Purchaser shall bear all of its own closing costs. Purchaser
shall provide Seller with written evidence reasonably satisfactory to Seller
that all taxes and assessments have been paid when due.
7.0 Possession. Possession of the premises hereby sold shall be given to Purchaser as
of the date of closing; provided however, that Seller and Seller's agents may
enter upon the Premises at reasonable times for the purpose of fulfilling
Purchaser's obligation to properly maintain the property if Purchaser shall fail to
do so.
8.0 Maintenance. Purchaser shall not commit or suffer any waste of the Premises and
shall maintain the Premises in good condition. Other than to cut trees and shrubs
reasonably necessary for the imminent construction of a dwelling house on the
Premises or to cut trees and shrubs damaged by disease, wind or fire, the
Purchaser shall not cut down any trees or shrubs on the Premises.
9.0 Default Should Purchaser fail to close the lots or otherwise default on any of its
obligations for any reason other than defective title, then Seller shall retain the
earnest money as liquidated damages. Should Purchaser default in any of its
continuing obligations herein and fail or refuse to timely close subsequent lots
pursuant to this Agreement for any reason other than defective title, Seller shall,
at its discretion, terminate this Agreement Time is of the essence with respect to
the closing of the lots. The Seller's remedies provided herein shall be
nonexclusive and in addition to any other remedies provided by law. Should
Seller fail to consummate this Contract or shall otherwise default, Purchaser shall
have as its sole remedy the right to sue for specific performance. Failure to timely
close any lot or lots as provided hereunder shall constitute a default. In the event
either party files suit to collect damages or enforce this contract against a
defaulting party, the prevailing party shall be entitled to attorneys fees.
10.0 Entire Document. This Agreement represents the entire understanding of the
parties with respect to the subject matter hereof and merges all prior negotiations
and agreements concerning the purchase and sale of the Premises. All
amendments hereto must be in writing and signed by the parties sought to be
charged with the same.
11.0 Applicable Law. This Agreement shall be interpreted pursuant to the laws of the
State of North Carolina.
12.0 Assignment. This Agreement may not be assigned by Purchaser without the prior
written consent of Seller.
13.0 Survival of Representations and Warranties: The representation and warranties
made by Seller and Purchaser herein shall survive closing and the delivery of the
deed to the Premises for one year.
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53M D.
Lot package is less than the price at which Seller is offering to sell comparable
Lots to the general public. Purchaser hereby agrees that Seller may record a
document indicating that the Lots comprising the Property cannot be sold
separately from the house to be built on them.
22.0 Representations: Conditions of Premises. Purchaser accepts the land,
improvements and all other aspects of the Premises in their present condition, AS
IS, including latent defects, without any representation or warranties, expressed or
implied, unless they are expressly set forth in this Agreement or are in writing
signed by the Seller. Purchaser agrees that Purchaser has ascertained, from
sources other than Seller, the applicable zoning, building, housing and other
regulatory ordinances and laws and that Purchaser accepts the Property with full
awareness of these ordinances and laws as they may affect the present use or any
intended future use of the Property, and Seller has made no representations with
respect to such laws or ordinance, except that Seller represents that there are no
restrictions, easements, zoning or other governmental regulations that would
prevent the reasonable use of the Premises for residential single family purposes.
P4 WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
Anderson Creek Partners, LP
•
By Anderson Creek • ., Gen Partner Blackwell • • -s Inc. •
By: l � By:
David Levinson Charles D. Blackwell
President President
Date: /6 / /e 9 Date: /0 / 4 o `Z
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Oct, 2.1. 2.1i09 : Cr) PV N0. '00
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Exhibit A
Sales and Marketing Commission Structure
Project Sales *: 5% to the listing company selected by seller
1% marketing fee to Anderson Creek Partners, LP
6.0% Total
Co-Broke Sales *: 2.5 % to the buyer's agent
2.5 % to the listing company selected by seller
1_0 % marketing fee to Anderson Creek Partners LP
6.0% Total
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