LAND USE Initial Application Date: / Z — 7 - /, Application # /‘ ✓ 2D ? ;5 77P
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COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION
Central Permitting 108 E. Front Street, Lillington, NC 27546 Phone: (910) 893 -7525 Fax: (910) 893 -2793 www.hamett.org /permits
LANDOWNER: The Harrnett Land Group Mailing Address: PO BOX 591
city: Mamers State: NC Zi 27552 Contact # 919 603 -7965 Email: edward @wynnconstruct.com
APPLICANT*: Wynn Construction, Inc. Mailing Address: 2550 Capitol Dr.
City: Creedmoor State: NC zip: 27522 Contact # 919 603 -7965 Email: edward @wynnconstruct.com
'Please fill out applicant information if different than landowner
CONTACT NAME APPLYING IN OFFICE: J. Edward Averett Phone # 919 603 -7965
PROPERTY LOCATION: Subdivision: Tingen Pointe Lot #: 85 Lot Size: 1.51A
State Road # / 7 W State Road Name: 412 Omaha Drive Map Book&Page: 2009 / 479
Parcel: 039576 0086 85 �flNv'�/ PIN 9597 -25- 9491.000
Zoning: RAR Flood Zone: fR Watershed: Deed Book &Page: (27/ Power Company': Progress Energy
New structures with Progress Energy as service provider need to supply premise number from Progress Energy.
SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: Take NC 27W to Omaha Dr.
Take Left onto Omaha into Tingen Pointe Lot 85 on right at guard rail
PROPOSED USE:
Monolithic
A' SFD: (Size 60'k'50' x # Bedrooms: 3 # Baths: Zr Basement(w/wo bath):_ Garage: ✓ Deck:_ Crawl Space: ✓ Slab:_ Slab:_
(Is the bonus room finished? ( ) yes (1 )no w/ a closet? ( ) yes Lino (if yes add in with # bedrooms)
❑ Mod: (Size x ) # Bedrooms_ # Baths_ Basement (w/wo bath)_ Garage:_ Site Built Deck:_ On Frame_ Off Frame_
(Is the second floor finished? (J yes (_)no Any other site built additions? (J yes ( )no
❑ Manufactured Home: _SW _DW _TW (Size x ) # Bedrooms: _ Garage: (site built? ) Deck: (site built? )
❑ Duplex: (Size x ) No. Buildings: No. Bedrooms Per Unit:
❑ Horne Occupation: # Rooms: Use: Hours of Operation: *Employees:_
❑ Addition /Accessory/Other: (Size _x ) Use: Closets in addition? (J yes (_)no
Water Supply: ✓ County Existing Well _ New Well (# of dwellings using well ) *MUST have operable water before final
Sewage Supply: ✓ New Septic Tank (Complete Checklist) Existing Septic Tank (Complete Checklist) County Sewer
Does owner of this tract of land, own land that contains a manufactured home within five hundred feel (500') of tract listed above? (_) yes Lino
Structures (existing or proposed): Single family dwellings: x Manufactured Homes: Other (specify):
Required Residential Property Line Setbac ks: Comments:
Front Minimum 35 Actual ,//
) 3Y � I . .
Rear 25 / / fir
Closest Side 10 /1
Sidestreet/comer lot
Nearest Building
on same lot
If permits are granted I agree to conform to all ordinances and laws of the State of North Carolina regulating such work and the specifications of plans submitted.
I hereby state that foregoi statemen are ccurate an rr to the best of knowledge. Permit subject to revocation if false information is provided.
_(4 AAtteg
Ignature of Owner or Owner's Agent Date
"`This application expires 6 months from the Initial date If permits have not been issued**
A RECO ED SURVEY MAP, RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPLICATION
Residential Land Use Application Page 1 01 1 07/10
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1940 Juniper Church Road
PIN ,T_____ Four Oaks, NC 27524 PARCEL ID ? 039576 0 0088 85
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EXHIBIT B
LOT PURCHASE AND DEVELOPMENT ADDENDUM
THIS LOT PURCHASE ADDENDUM (the "Addendum") is made to that purchase
agreement (the "Contract ") by and between Harnett Land Croup LLC. a North Carolina
Limited Liability Company (hereinafter referred to as "Seller") and Wynn Construction,
Inc. a North Carolina corporation (hereinafter referred to as "Purchaser') by and between
the parties.
RECITALS. Seller is the owner of the Property, which is located in Harnett
County, North Carolina, and known as Tingen Pointe Subdivision (the Subdivision ").
Pursuant to the Contract and this Addendum, and upon the teens and conditions
hereinafter set forth, Purchaser wishes to acquire 210 plus or minus fully improved and
developed, duly and properly subdivided single- family detached dwelling lots. All
capitalized terms not defined herein shall have the meanings ascribed to them in the
Contract
1. Purchase and Sale. The purchase price for the property shall be calculated
as S23,500 per single family Lot (the "Purchase Price "), payable as provided herein.
2.Deposit. Seller acknowledges receipt of a deposit of $20,000 (the "Escrow
Deposit ") to be applied towards the purchase price of the last lots in the subdivision as
provided herein, or retained by Seller in the event of a default by Purchaser. All interest,
if any, on the Escrow Deposit shall belong to Seller. If Purchaser fails to perform any of
the covenants of this Addendum within the time specified, Seller may keep the Escrow
Deposit as its sole and exclusive remedy. In the event of any default by Purchaser, Seller
shall notify Purchaser of said default, and Purchaser shall have ten (10) days to cure said
default before Seller can terminate the Contract and pursue its remedies provided herein.
3. Closing.
(a) Initial Closing, 40 Lots shall be closed upon no later than Sept. 28,
2007, Time is of the essence. The date of Closing of the first 40 Lots shall
be the "Initial Closing ". After the Initial Closing, Purchaser shall
purchase 15 Lots 180 days fivau the initial Closing. After that, Purchaser
shall purchase 15 Lots per Quarter until all Lots are purchased, provided
all the conditions to closing have been satisfied (the "Minimum
Takedown ").
(b) Quarterly Closing(sI. Purchaser Wray, in its discretion, purchase
more than the minimum number of Lots required to be purchased in any
Quarter, and any excess shall be credited toward the minimum number of
Lots Purchaser is required to purchase in any subsequent Quarter, and
Ca such credits shall be cumulative. Purchaser shall be entitled to more than
Aug 31 07 02:54p Bill Wynn' a 1a UZ0 fr.<
one closing in each Quarter. Purchaser agrees to purchase Lots as
identified by Purchaser and agreed to by Seller and Purchaser and in a
commercially reasonable manner. "Quarter" as used herein shall mean a
three (3) month period.
(c) Exchange of Lots. In the event Purchaser shall be unable to
secure a building permit to erect a single family dwelling unit upon any
given Lot which it shall have committed to purchase, then Purchaser shall
have the right at any time prior to closing on such Lot, to exchange such
Lot for any other Lot it is then entitled to purchase and close upon. In the
event Purchaser, after closing on any Lot, cannot secure all required
Permits for such Lot, Purchaser shall have the right to re- convey such Lot
to Seller and require Seller to convey a substitute Lot to Purchase in
exchange for such Lot. Purchaser and Seller shall equally bear all costs of
any such exchange. In the event there are no Lots to exchange or if a
Permit cannot be obtained on any available Lot, Purchaser shall receive
the full return of its purchase price for such Lot. 1n the event a Lot
requires a septic pump, Seller will reimburse Purchaser half the cost of the
septic pump., This can be in the form of a cash payment to Purchaser or a
credit toward lot costs on the hext takedown:
(d) Tap Pees Reimbursement Purchaser shall reimburse seller at each
closing, for lots purchased 50% of the tap fee costs that seller paid to
Hanett County in advance.
3. Seller's Warranties, Agreements. and Covenants. Seller covenants and
agrees as follows:
(a) Underground Utilities. Seller agrees, at its sole cost and
expense, to install or cause to be installed such underground electric,
telephone and cable television lines and conduit roadway crossing, as shall
be necessary to service each of the Lots (installed to the property line of
each Lot and in accordance with requisite authority), when and as required
and at Seller's expense.
(b) Common Area and right -of -Way Improvements. Seller agrees,
at its sole cost and expense, to install fire hydrants, street lights, street
trees, street signs, common area and buffering landscaping, monuments
and entry features as required by applicable governmental authorities and
as specified in the approved plans and specifications, within public right -
of -way and on common areas. Any other improvements, whether in the
public rights -of -way or upon the Lots, including but not limited to
improvements as listed in this Subsection, which were a condition to
Seller's approval to develop the land and/or not normally required of
41r 3 1 _ O PurchaRer for the purpose of residential construction, shall be the
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and signage for the property. Unless otherwise agree to by Purchaser,
Seller agrees to budget and spend at least $20,000 for such purposes. All
plans for entry monument design and placement are subject to the prior
approval of Purchaser before Seller's commencement of such
construction. The entry monuments(s) and landscaping must be
completed within 90 days after the initial closing.
(g) VA FHA. Purchaser shall be able to obtain, with the help of
the seller, all approvals from the Federal Housing Administration (the
"FHA "), the Housing and Urban Development Administration ( "HUD "),
and/or. Veterans Administration (the "VA"), required with respect to the
Subdivision as a whole and each of the Lots, or which may be required for
a purchaser of a Lot from Purchaser to obtain FHA or VA financing, and,
in this regard, Seller shall provide to Purchaser, at no cost to Purchaser, at
least fourteen (14) days prior to the Initial Closing, such plans, agreements
and documents as are necessary to file for FHA and/or VA and/or
secondary market mortgage financing approvals and will cooperate with
Purchaser in providing all information necessary to submit for and obtain
such approvals.
(h) No Lots in Flood Zone. Seller represents and warrants that none of
the Lots is located in a Flood Zone such that any owner of the Lot would
be required to obtain flood insurance.
5. Pre- Closing Inspection. Prior to the Closing on any Lot pursuant to
this Addendum, Purchaser shall submit to the Seller a written request to conduct a pre-
closing inspection of the Property to assure that Seller has completed Seller's
improvements required to be completed and to sign a memorandum (the "Punch List')
describing the results of their joint inspection. Purchaser and Seller agree to act in good
faith and in a commercially reasonable manner in connection with the preparation of the
Punch List. Seller, at its expense, shall be required to repair all deficiencies and perform
all other development work as agreed, if any, within thirty (30) days after the pre - closing
inspection, or such other date as to which the Parties, in writing, shall agree.
6. Purchaser's Undertakings. In addition to its promises and agreements
herein set forth, Purchaser shall:
(a) Building Permits. In accordance with its own schedule, pursue, at
its sole cost and expense, the obtaining of building permits, and abide by and
comply with all zoning and other applicable laws, rules and ordinances applicable
in connection with the improvement of the Property.
(b) Construction Site. Maintain all of' its construction sites in an
orderly fashion and shall remove all debris and equipment, resulting from
Purchaser's activity, in a timely fashion, and not permit mud, silt or construction
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responsibility of Seller. Seller shall also erect any site improvement
features, including any associated landscaping, and any permanent
monuments for the Subdivision, if shown on the approved site plan or
required by any applicable governmental authority.
(c) Road Maintenance. Seller shall be responsible for having all
streets which it installs inthe Subdivision accepted for public maintenance
by the Stare of North Carolina or other appropriate governmental
authority. Maintenance of the streets shall be the responsibility of Seller
until maintenance is taken over by the State or other appropriate authority.
Seller shall execute an appropriate Road Maintenance Agreement to such
effect, and record it in the Harnett County Register of Deeds. Purchaser
agrees to be responsible for and pay for the repair of all damages incurred
to streets, curbs, shoulder, landscaping and storm water drainage facilities
during the construction process that result from the negligence by
Purchaser or its employees, vendors or subcontractors.
(d) FIOA. Seller shall cooperate with Purchaser to prepare (at Seller's
sole cost and expense): (1) a Declaration of Covenants, Conditions and
Restrictions (the "HOA Declaration"limp sing architectural and
residential use restrictions on the Lots and, if required, providing for a
homeowners' association with annual assessments against each Lot for the
purpose of providing funds for the maintenance of the open space and
recreational areas, if any, shown on the recorded subdivision plat; and (11)
Articles of Incorporation and By -Laws for the homeowners' association.
At or prior to the Initial Closing, Seller shall record the approved HOA
Declaration in the Office of the Register of Deeds of the County and shall
record and file the approved Articles of Incorporation for the
homeowners' association with the North Carolina Secretary of State's
office. Seller and Purchaser shall mutually agree on the restrictive
covenants prior to the initial closing. Seller shall be solely responsible for
the establishment and maintenance of the HOA during the period the
Subdivision is being developed. So long as Seller owns any Lots or other
property within the Property, Seller shall be responsible for paying any
operating deficits of the association. Seller will maintain at is sole cost
and expense all of the common areas in the Subdivision until such
responsibility is assumed by the HOA_ Seller will be responsible for
keeping the road shoulders mowed in front of any lots that are currently
owned by seller. Purchaser will be responsible for keeping the road
shoulders mowed in front of any lots that are currently owned by
purchaser.
(t) Entry Monument, Sitmaee, Seller shall design, construct,
irrigate, install lighting, landscape and maintain the entry monument(s)
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debris to accumulate upon any public or private street or mad. Purchaser agrees
to repair any road damage that is a result of negligence by builders' contractors.
(c) Indemnification. Defend and hold Seller harmless from and
against any and all claims or suits resulting from or arising out of the construction
by Purchaser of' its houses upon the Property, providing that Seller shall have
given prompt written notice to Purchaser of any claim made by a third party
against Seller.
(d) On -Lot Responsibilities. Assume responsibility for the
following on the Lots purchased hereunder:
i. Clearing and grubbing of Lots;
ii. Grading of Lots;
iii. Hook -up dwellings to public water system;
iv. House foundation planting and landscaping;
v. Repair seed and/or sod damaged by Purchaser in public
rights -of -way abutting the Lots purchased if caused by
Purchaser, or any of its contractors, subcontractors, or
agents as required by governmental authority;
vi. Provide and maintain on -Lot erosion and sediment control
for Lots purchased; and
Installation of on -Lot sidewalks and driveways.
7. Architectural Committee. Seller and Buyer must approve all of Buyers
plans.
8. Default. In the event of Purchaser's wrongful failure to close upon
the Lots as provided herein of other default hereunder, which continues after ten (10)
days written notice from Seller, Seller shall be entitled to the Deposit referred to in
Section 2 as fixed and liquidated damages and as Seller's sole remedy, expressly waiving
its rights to specific performance, in which event Purchaser shall have no further liability
hereunder. In the event of default by Seller or unfulfilled conditions hereunder, which
continues after thirty (30) days written notice from Purchaser, then Purchaser may, at its
option, (i) declare this Addendum terminated and have its Deposit returned; or (ii) cure
such default, in which case, Purchaser may either apply the amounts paid to cure such
default to the purchase price of Lots acquired thereafter until all such amounts have been
reimbursed to Purchaser, or demand and receive from Seller the amount so paid.
9. Moratorium. If the State or County or any agency or subdivision
thereof, declares a moratorium on the issuance of use of permits for construction and/or
occupancy of residential dwellings within the Property or adopts and/or implements a
growth management plan (by whatever name) which would hinder Purchaser's ability to
obtain building permits or certificates of occupancy or reduce that right, Purchaser may,
upon written notice to Seller, elect to extend the closing date of the next occurring
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Closing. In the event of such delay, the price, terms and conditions of the next occurring
Closing shall be subject to those which existed prior to said delay.
10. Authority, Each Party warrants to the other that it has full authority to
enter and perform this Addendum, and that the person executing this Addendum for each
is fully authorized to do so. Each party represents to the other party that it is duly
organized, validly existing and in good standing under the laws of the State of North
Carolina, and qualified to do business in the jurisdiction in which the Property is located.
11. Effective Date. The effective date of the Contract and the
Addendum shall be the first date on which it has been executed by both Purchaser and
Seller and Purchaser and Seller arc in receipt of a fully executed duplicate originals (the
"Effective Date "). The Effective Date may be referred to as the date of this Addendum.
12. Partial Invalidity. If any term, covenant or condition of this Addendum
or the application thereof to any person or circumstance shall be invalid or unenforceable,
then the remainder of this Addendum or the application of each term or provisions to
persons or circumstances other than those to which it is held invalid or unenforceable
shall not be affected thereby, and each term shall be valid and enforceable to the truest
permitted by law.
13. Interpretation. The paragraph headings used in this
Addendum are for reference and convenience only and shall not enter into the
interpretation of this Addendum. This Addendum represents the results of bargaining
and negotiations between the parties and of a combined draftsmanship effort.
Consequently, Seller and Purchaser expressly waive and disclaim, in connection with the
interpretation of this Addendum, any rule of law requiring that ambiguous or conflicting
terms be construed against the Party whose attorney prepared this Addendum or any
earlier draft of this Addendum. IN THE EVENT OF ANY INCONSISTENCY
BETWEEN THE TERMS OF THE CONTRACT AND THE TERMS OF THIS
ADDENDUM, THE TERMS OF THIS ADDENDUM SHALL CONTROL.
14. Calculation of Time. If any date upon which action is required under
this Addendum shall be a Saturday, Sunday or legal holiday, the date of such action shall
be extended to the first regular business day after such date which is not a Saturday,
Sunday or legal holiday.
15. Bindine Effect. All of the covenants, conditions and obligations
contained in this Addendum shall be binding upon and insure to the benefit of the
respective heirs, legal representative, successors and assigns of Seller and Purchaser.
16. Miscellaneous.
(a) Survival. All representations, warranties, covenants, agreements
i . and indemnifications set forth in or made pursuant to this Addendum shall
f remain operative and shall survive the Closing(s) of the purchase of Lots
0111\
Aug 61 U! UZ:bbp bill vvynn aia -bG0 -4140 p,
and the execution and delivery of the deeds to Lots conveyed pursuant to
this Addendum and shall not be merged therein. In addition, if this
Addendum is terminated pursuant to the terms hereof by either Purchaser
or Seller, the representations, warranties, covenants, agreements and
indemnifications set forth therein or made pursuant to this Addendum with
respect to any Lots conveyed to Purchaser prior to such termination shall
nevertheless survive such ternination and closing of Lots.
(b) Entire Agreement. This Addendum and the Contract contain the
entire agreement between the Parties hereto and is intended to be an
integration of all prior agreements, conditions or undertakings between the
Parties hereto. Except as expressly set forth herein or as contained in
contemporaneous written agreements, there are no promises, agreements,
conditions, undertaking, warranties or representations, oral or written,
expressed or implied, between Purchaser and Seller.
(c) Amendments; Waivers. No modification of this Addendum shall
be binding unless made in writing and signed by all of the Parties hereto.
No purported or alleged waiver of any of the provisions of this Addendum
shall be binding or effective unless in writing and signed by the Party
against whom it is sought to be enforced. A waiver, if any, shall waive the
specified condition and no other and shall not be deemed or construed to
be a waiver of any other condition.
(d) Time is of the Essence. Time is of the essence with respect to each
and all of the terms and conditions of the Contract and this Addendum.
Purchaser N (XX t I V .Date a ' 3!- 0 7.
Wynn Construction Inc.
Seller x ,� 01 / Date ' 3/ - 07
Harnett Land Group LLC.