HomeMy WebLinkAbout132-96 Renewal Marina Partners LLC (2)Permit Class Permit Number
2"d.RENEWAL -MAINTENANCE-5 ",. 132-96
STATE OF NORTH CAROLINA �� _JQ
Department of Environment and Natural Resources
and 1�005
Coastal Resources Commission
amjL MoreheAlY
for
_2L Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Marina Partners, LLC, PO Box 3882 Wilmington NC 28406 _
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd as requested in the permittee's letter dated 3/23/05
This permit, issued on May 20, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and. notes set forth below. Any violation of these terms may
VG suuJUUL W lines, imprisonment or civn action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
rnis permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
"P'// vH,C�"
es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
1 � I
a/..u/. A
� � r
Permit Class
tad RENEWAL - MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vcrmtrt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Permit Number
132-96
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. as requested in the permittee's letter dated 3/23/05
This permit, issued on May 20, 200-5 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and.notes set forth below. Any violation of these terms may
tic suuJccr ro rmes, imprisonment or ctvu action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
r es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Permit Class Permit Number
2nd RENEWAL - MAINTENANCE-5 132-96
STATE OF N1vRTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Authorizing development in New Hanover County at Middle Sound. Oak Winds Marina at 2127
Middle Sound Rd. as requested in the permittee's letter dated 3/23/05
This permit, issued on May 20, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and.notes set forth below. Any violation of these terms may
vo suuJccL w lines, imprisonment or civu action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
ruts permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
GlArles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Permit Class
2nd RENEWAL - MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
X;
,s:
♦
!
Issued to
Marina -Pak
Coastal Resources Commission
Vermt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
NC
Permit Number
132-96
Authorizing development in New Hanover County at Middle Sound, Oak Winds Manna at 2127
Middle Sound Rd. as requested in the permittee's letter dated 3/23/05
This permit, issued on May 20, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and.notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
..ilb Pcu,uR ucuuu may oe appeaten oy me permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
t es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Permit Class Permit Number
2nd RENEWAL - MAINTENANCE-5 132-96
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Verm tt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113 229
` �3i i ,.ram n ,"'.11w, i• `Fc b e'�•�'Zi �.}r T �,;i Jtiw�:_
Issued to _Marina Partners,LLC, PO Box 3882 Wilmington NC 28406
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. as requested in the permittee's letter dated 3/23/05
This permit, issued on May 20, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and.notes set forth below. Any violation of these terms may
oe suoject to rmes, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
es S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
Permit Class
2"d RENEWAL - MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
-L.AL,, hxcayatrc
Issued to Marina Partners- LLC- Pn Rrix p
113 229
Permit Number
132-96
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd , as requested in the permittee's letter dated 3/23/05
This permit, issued on May 20, 7005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
UU auuJccL w tines, imprisonment or civti action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
ims permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
aWles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Permit Class
2nd RENEWAL - MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
132-96
Issued to Marina Partners, LLC, PO Box 3882 Wilmington NC 28406
Authorizing development in New Hanover County at Middle Sound, Oak Winds Marina at 2127
Middle Sound Rd. , as requested in the permittee's letter dated 3/23/05
This permit, issued on May 20, 200i , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and.notes set forth below. Any violation of these terms may
ce suoiect to nines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original of Permit No. 132-96, which was transferred to the
permittee on 11/01/99, as well as the amendment issued on 11/22/99, and copies of all documents shall
be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and the notification shall include:
A. The number of the original permit
B. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
'Phis permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2009
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
'2-v1&"e
GMAes S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
e Gel
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director tam. Ross Jr., Secretary
MEMORANDUM'a
TO: Doug Huggett
Permits Sections
FROM: Robb F
DCM, Field a resentative, Wilmington RICT
9`
THRU: Jim Greg gt MAY 0 ¢ 200�
DCM, District ana er, Wilmin on
DATE: April 29, 2005 "erehead City pit`
SUBJECT: Request for Renewal of State Permit No. 132-96
Marina Partners, LLC,
New Hanover County
Ms. Laura Stasavich, acting agent for Marina Partners, LLC, is requesting renewal of State Permit No. 132-96 for retaining the
maintenance dredging clause, which was originally issued on October 1, 1996 and last transferred and renewed on November 22, 1999.
The agent states that the current permit expired on December 31, 2004, but through conversations with you, it would still qualify for
renewal if initiated within the six-month grace period. The agent also states that no modifications or maintenance dredging is
immediately planned, but will contact our office prior to any work associated with this permit renewal request.
This Office has no objection to the renewal of Permit No. 132-96. The applicant has included a check (ck no. 1770) in the
amount of $100.00 for the renewal.
cc: WiRO-CAMA
Ted Tyndall
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
i
Yod 6#w J6cx 2522
Wdmi9W", +&A Waiia/r w 28402
.Y805 WUYAfa" 'eZe+enae Mule 95
SIG ykn, " 28403
23 March 2005
Robb Mairs
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28505
IRS
9/0
R
990-452-0060
�. ia�mrm.LneS2aa'i.ne�
APR 1 5 2005
DIVISIOty 0
COASTAL MANAGE""r"T
CAMA permit 132-96, Oak Winds Marina, New Hanover Cc
Dear Robb:
On behalf of Marina Partners, LLC, I am requesting renewal of the (
CAMA Major permit and its maintenance dredging clause. Althougl
December 31, 2004, I have talked with Doug Huggett and would like
with the six month grace period. The applicant requests renewal to rcuun me
maintenance dredging clause, but no maintenance dredging is immediately planned.
When maintenance dredging is requested in the future, the spoil disposal area would be
provided by the dredging contractor. Prior to any maintenance dredging event, the local
Coastal Management office could be contacted and provided with location of the spoil
disposal area and associated permission letters. Please feel free to contact me if you
would like to discuss this request.
Sincerely,
�Svich�
Environmental Scientist
Enclosures: copy of CAMA permit #132-96
cc: Doug Huggett, NC DCM, Morehead City
Gene Strader, Marina Partners LLC
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 '
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 2, 2005 t`
Regulatory Division
Action ID No. 199603725 and State Permit Mr 132-96
t
Marina Partners, LLCM
Post Office Box 3882
Wilmington, North Carolina 28406
Dear Madam or Sir:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to renew your Department of the Army (DA) permit issued on October
14, 1996, which authorized the renovation and expansion of an existing commercial marina,
including maintenance dredging of shallow water bottom for the construction and
reconfiguration of bulkheads and piers, off of Middle Sound, at 2127 Middle Sound Loop Road,
in Ogden, New Hanover County, North Carolina.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291. The permit is hereby renewed. It is understood that all other conditions
of your permit remain applicable and that the expiration date is December 31, 2009.
If you have any questions or comments you may call me at (910) 251-4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
r Copies Furnished:
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
2
r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
MEMORANDUM
TO: Doug Huggett
DCM - Major ermits
FROM: Robb Mairs
DCM - Wil ngton
THRU: Jim Gregson
DCM Wilmington
Charles S. Jones, Director
RE: Permit Transfer - CAMA Permit #132-96
Marina Partnership, LLC
New Hanover County
DATE: September 21, 2005
MIL
weK/u.
Cl/7 3149s
William G. Ross Jr., Secretary
Mr. Peter Bynum, attorney for Marina Partnership, LLC, is requesting a transfer of Permit # 132-96 to Atlantic Blue
Properties, LLC. State Permit #132-96 was originally issued to Oak Winds Marina on October 1, 1996 for maintenance
dredging of a marina facility located at 7801 Masonboro Sound Road, Wilmington, N.C., New Hanover County. Permit # 132-
96 was then transferred to Marina Partners, LLC on November 22, 1999 and then recently renewed for the second time on May
20, 2005, which expires on December 31, 2009.
The agent has submitted a check (ck. # 13572) in the amount of $100.00 for the transfer request, as well as a copy ofthe
deed to the property.
This Office has no objection to the permit transfer request.
cc: WiRO files
Doug Huggett
Henry Wicker
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-796-7215\Fax: 910-350-2004 \ Internet: http://www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
REc
AGM w��M NGTC
MURCHISON, TAYLOR & GIBSON, PLLC SEP 1 5 ?00$ IV(;
WALLACE C. MURCHISON
Redeed
JOSEPH O. TAYLOR, JR.
FRANK B. GIBSON, JR.
MICHAEL MURCHISON
W. BERRY TRICE
G. STEPHEN DIAB
JAMES W. LATSHAW
ANDREW K. McVEY
PETER A. BYNUM
CHRISTOPHER J. LEONARD
FRANCES Y. TRASK
FAISON GIBSON SUTTON
VIA U.S. MAIL
ATTORNEYS AT LAW
September 12, 2005
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Attention: Jim Gregson
16 NORTH FIFTH AVENUE
WHAUNGTON, NC 26901
TELEPHONE (910) 763-2126
FACSIMILE (910) 763-6561
REAL ESTATE FACSIMILE
(910) 76_1 0
Re: Major Development CAMA Permit Number 132-96 issued to Marina Partners,
LLC (the "Permit')
To Whom It May Concern:
This letter is to inform you that the real property encumbered by the above -referenced
Permit has been conveyed to Atlantic Blue Properties, LLC, a North Carolina limited liability
company. In connection with such transaction, the rights under the Permit were assigned by
Marina Partners, LLC to Atlantic Blue Properties, LLC.
We hereby request that the Division of Coastal Management officially transfer the Permit
into the name of Atlantic Blue Properties, LLC. In this regard, please find enclosed for your
information and records a copy of the recorded deed and the unrecorded assignment relating to
the transfer of the real property and the Permit. I also have enclosed a check for the transfer fee
in the amount of $100.00.
Thank you for your assistance in this matter. If you have any questions or concerns,
please feel free to contact me.
Sincerely,
MURCHISON, TAYLOR & GIBSON, PLLC
�J 00
Peter A. Bynum
Enclosures
cc: Mr. William Bartley Edge
61654
RECEI'VED
DC
M WILMINGTON, NC
1111111111311111
2005048962
SEP 1 5 2005 raz accrsT Tra+ a[ersr- a ��
,�y�Hpio� R �TMH ac
2005"25 14:BY:46 PM
BK:04 p8:2842-2845 FEE:S28•�
K REV STIIP:SB,ONA
lVRl1 1 # Sol
(Excise Tax)
Recording time, Book and Page
Tax Parcel No.
R04517-003-007-000
Prepared By:
James A. MacDonald, Attorney
1508 Military Cutoff Road, Suite 102
Wilmington, North Carolina 28403
After Recording Return to:
Atlantic Blue Properties, LLC
15209 McComb Manor Court
Charlotte, North Carolina 28277
sttssttsessesssssrsssrsrrrrrrrswrwrwrrrrsrsssrssxsrrssssssrsrrrrrswsrstsswttss
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NORTH CAROLINA
THIS DEED, made this a-Ld day of , 2005, by and between EUGENE
R. STRADER, JR., and wife, PATRICIA W. STRADER, a one-third (1/3) undivided interest;
JAMES E. WALLACE, JR:, unmarried, a one-third (�h) undivided interest; and KEITH M.
BEATTY, unmarried, a one-third (Ya) undivided interest, hereinafter called the Grantors, and
ATLANTIC BLUE PROPERTIES, LLC, a North Carolina limited liability company,
hereinafter called the Grantee. The designations Grantors 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:
THAT said Grantors, for a valuable consideration paid by the Grantee, the receipt of which
is hereby acknowledged, have granted, bargained, sold and conveyed, and, by these presents, do
hereby grant, bargain, sell and convey, unto the said Grantee, its successors and assigns, in fee
simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and
more particularly described as follows:
BEING ALL OF THAT PROPERTY SHOWN ON EXHIBIT "A,^ WHICH IS
HERETO ATTACHED AND INCORPORATED BY REFERENCE.
Together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging, or in anywise appertaining.
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 Grantors covenant with the Grantee, that Grantors are seized of the premises in fee
simple, and have the right to convey the same in fee simple; that title is marketable, and free and clear
RETBD'.IED'KI MTSC7
of all encumbrances, except as follows: 2005 ad valorem taxes, usual rights -of -way for utilities, and
restrictive covenants of record, if any; and applicable zoning regulations and ordinances, if any, and
that Grantors will WARRANT and DEFEND the title against the lawful claims of all persons
whomsoever, except for exceptions herein stated. Notwithstanding the foregoing, Grantors make no
warranty hereunder with respect to any portions of the subject property lying below the mean
highwater mark of any navigable waters abutting the property conveyed hereunder.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and
year first above written.
EUUCG`EJNE R. STRADER, JW—
M. BEATTY, unmarried
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, j�a>>— f-Q a!6. o , a Notary Public in and for the State and County
aforesaid, do hereby certify that EUGENE R. STRADER, JR., and wife, PATRICIA W.
STRADER, personally came before me this date and acknowledged the due execution of the
foregoing instrument. %ont771,711,
WITNESS my hand anc411jJrr day of n<, �,,., f 2005.
c a. &
aoTAAY .* n, ---4 e 2!/�,�
1-1
one' 7vJNotary Public
p111305s My Commission Expires: S- 1Y-10
STATE OF NORTH
COUNTY OF NEW HANOVER
I, gaw--d le?2 1 d , a Notary Public in and for the State and County
aforesaid, do lukeby certify thaz AMESE. WALLACE, JR., unmarried, personally came before
me this date and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
of 2005.
I, I, �i+---�2 7h.r,,,/a..� a Notary Public in and for the State and County
aforesaid,dolierebycertifytha KEITHM. BEATTY,unmarried, personally came beforeme this
date and acknowledged the due eV.%�r;n of the -foregoing instrument.
WITNESS my han�t $'efficiaTs44 Sv2 .a day of Q �� } , 2005.
c'�: *pTAgy
ebb rea► E%*= Pui?iac—
V Notary
My Commission Expires:
_._�77IW111YUNyV ---'
w
aCM L,1,ir',1,01y, /V C
EXHIBIT "A" SEP 1 5 2005
BEING ALL of Tract 1, as shown on that map recorded in Map Book 42, Page 120,
of the New Hanover County Registry, reference to which map is hereby made for a
more particular description.
TOGETHER WITH all riparian rights applicable to the above -mentioned Tract 1,
including rights to access the channel running to the Intra coastal Waterway, and also
the residual marsh lands bounded on the north by the Old Livingston Tract, referred
to in the deed recorded in Book 922, Page 922, of the New Hanover county Registry.
TOGETHER WITH an easement for access to and from the above -referenced
property over and across that certain area designated as "20.0' Road Right -of -Way -
Map Book 5 Q Page 20," as shown on the plat recorded in Map Book 35, Page 46,
of the New Hanover County Registry, and as referenced in deeds recorded in Book
2523, Page 388; Book 2523, Page 391; and Book 2523, Page 394, all of the New
Hanover County Registry.
D� Rw �M/N TC
.SEP 15 2005
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 08/25/2005 04:02:46 PM
Book: RE 4894 Page: 2842-2845
Document No.: 2005048962
DEED 4 PGS $20.00
NC REAL ESTATE EXCISE TAX: $6,800.00
Recorder: NANCY A SCOTT
...r«.«..+.+r.:a+«++:.a-.k«..r.m....-�.........r.....r..a.a.tirke......«-..........�...a.
State of North Carolina, County of New Hanover
The foregoing certificate of JANET R MEYLAND Notary Is certified to be correct. This 25TH of August 2005
REBECCA P. SMITH, REGISTER OF DEEDS
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2005048962*
2005048962
CC R���iVl; M WILM/NGTON,
C
SEP 16 2005
BILL OF SALE AND ASSIGNMENT
Pursuant to this Bill of Sale and Assignment (thus "Assignment"), made this 25th day
of August, 2005, MARINA PARTNERS, LLC, a North Carolina limited liability company
("Marina Partners"); EUGENE R. STRADER, JR. and wife, PATRICIA W. STRADER
(together, "Strader'); JAMES E. WALLACE, JR. (single) ("Wallace'); and KEITH M.
BEATTY (single) ("Beatty") (Marina Partners, Strader, Wallace and Beatty being collectively
referred to herein as "Assignor"), for Ten Dollars ($10.00) and other good and valuable consid-
eration and pursuant to a written contract dated April 22, 2005, between Marina Partners and
Assignee (as the successor to the interest of Patterson Development Group, LLC), have
conveyed, transferred and assigned and by these presents do convey, transfer and assign to
ATLANTIC BLUE PROPERTIES, LLC, a North Carolina limited liability company
("Assignee"), its successors and assigns, all of Assignor's right, title and interest in and to the
"Assets" (as defined below).
TO HAVE AND TO HOLD the same unto the Assignee, its successors and assigns
forever.
Subject to the terms and conditions hereof, Assignor jointly and severally warrants, and
will jointly and severally defend, said Assets for the benefit of the aforesaid Assignee, its legs}
representatives, successors and assigns, against all lawful claims and demands of all persons,
firms, associations, corporations, or entities whatsoever.
1. Description of Assets. The Assets conveyed by this Assignment (the "Assets")
consist of all of the tangible and intangible personal property, benefits and rights of Assignor
which are utilized in the operation of Oak Winds Marina & Yacht Club (the "Business"),
including, without limitation:
(a) all improvements and fixtures located upon the 1.98 acres of real property (the
"Real Property") conveyed by Assignor to Assignee on this date by deed recorded
in Book , Page, yj of the New Hanover County Public Registry (the
"Deed"), except to the extent such improvements or fixtures constitute real
property conveyed to Assignee under the Deed;
(b) all boat slips, docks, piers, wharves and other improvements attached to the real
property conveyed in the Deed;
(c) all machinery, equipment, shop equipment, office equipment, club house
equipment, computers, software, monitors and printers, telephone systems,
furniture, furnishings, spare parts, tools and supplies, and other tangible personal
property used in the operation of the Business, with the exception of Assignor's
power washer, chain saw, edger and push spreader (the "Equipment");
(d) any and all of Assignor's rights in and to contracts related to the operation or
management of the Business, if any, in effect on the date hereof (including
61103.2
Os
Fp
without limitation all memberships and all contracts incident thereto and%bse NC
items set forth on Exhibit A attached hereto) (the "Contracts');
(e) all of Assignor's rights to and under warranties, representations and guaranties
made by suppliers, manufacturers and contractors affecting the assets described in
this Paragraph 1;
(f) copies of all records, customer and supplier lists, business forms, marketing and
sales information, and other information which reasonably pertains to the
Business, including, without limitation, repair, warranty or maintenance manuals,
concerning the assets described in this Paragraph 1;
(g) all copyrights, licenses, software rights and licenses, addresses, trademarks,
service marks, trade names, internet domain names, and all other intellectual
property (whether or not registered), including, without limitation, "Oak Winds",
"Oak Winds Manna & Yacht Club" and all variations thereof;
(h) all security and other deposits relating to the conduct and operation of the
Business;
(i) all Assignor's (i) inventory and goods maintained for sale in the clubhouse or any
shops on the Real Property, and (ii) and supplies of food or beverages which are
in unopened containers and are located on the Real Property on the date hereof
(the "Inventory");
(j) all office supplies, stationary, and other materials used in the operation of the
Business that are not Inventory or Equipment and which are located on the Real
Property as of the date hereof (the "Supplies'), and
(k) Assignor's telephone numbers, fax numbers, and post office boxes for the
Business, the names "Oak Winds", "Oak Winds Manna & Yacht Club" and all
variations thereof and any other fictitious or assumed names used in the operation
of the Business, all signage related thereto, and the goodwill and going concern,
value of Assignor relating to the Business and the assets described in this
Paragraph 1.
Notwithstanding the foregoing, the following assets and property of Assignor are hereby
expressly excluded from the Assets and shall not be deemed conveyed hereby:
(1) Limited liability company Articles of Organization, operating agreements, limited
liability company minutes and membership interest certificates of Marina Partners;
(2) Any cash and cash equivalents held by Assignor other than the security deposits held
by Assignor in connection with the Business; and
61103.2
-2-
(3) Assignor's power washer, chain saw, edger and push spreaderhicHt be
removed by Assignor from the Real Property prior to Closing). IOOs tiC'
2. Assumption; Acceptance.
(a) Assignee hereby undertakes, assumes and agrees to perform, pay and discharge in
a timely manner all of the duties, responsibilities and obligations of Assignor with
respect to the Assets to the extent payment or performance first arises on or after
the date hereof (collectively, the "Assumed Obligations").
(b) Notwithstanding the foregoing, Assignee does not assume and shall not assume any
of the following:
(1) All liabilities and obligations of Assignor or any subsidiaries, affiliates,
members or managers of Assignor or any of their family members (whether
by blood, adoption or marriage) (collectively, "Related Parties", or
individually, a "Related Party') to any third party arising from the breach of
any of the Contracts or any use or misuse of the Assets by Assignor or any
Related Party prior to the date hereof,
(2) All liabilities and obligations of Assignor or any Related Party for any
federal, state and local income, profits, franchise, capital stock, payroll,
property (excluding accrued ad valorem taxes on the Real Property, which
shall be prorated as of the date hereof), sales, use, occupation, excise or other
taxes, fees, duties, deficiencies, assessments, withholdings or other
governmental charges of any nature (including interest, penalties or other
additions thereto) (individually and collectively, "faxes");
(3) All liabilities and obligations of Assignor or any Related Party for the cost of
worker's compensation indemnity payments with respect to injuries
occurring prior to the date hereof;
(4) All liabilities and obligations for occupational injury or disease which arise
out of or are in any manner connected with exposure to an occupational
hazard which existed during the period of any employee's employment with
Assignor or any Related Party;
(5) All liabilities and obligations incurred by Assignor in connection with the
negotiation, execution and performance of this Assignment;
(6) All liabilities and obligations of Assignor or any Related Party for accrued (i)
pension benefits, (ii) severance or termination benefits and (iii) health, life,
dental, disability and worker's compensation insurance premiums of the
employees and retirees of Assignor or any Related Party; and
61103.2
-3-
(7) Assignor's liabilities to its employees for accrued payroll, vatation Qck
leave. ?00s tiC
3. Credits and Prorations.
(a) The following shall be apportioned with respect to the Assets as of 12:01 a.m., on
the date hereof as if Assignee were vested with title to the Assets during the entire
day:
(1) membership fees, if any, as and when collected;
(2) all rents and license fees under the Assumed Leases (as defined in that
certain Assignment and Assumption of Leases, Licenses and Permits
between Assignor and Assignee of even date herewith);
(3) taxes (including person or ad valorem property taxes) on the Assets and
assessments levied against the Assets;
(4) gas, electricity and other utility charges for which Assignor is liable, if
any, such charges to be apportioned as of the date hereof on the basis of
the most recent meter reading; and
(5) any other operating expenses or other items pertaining to the Assets which
are customarily prorated between a buyer and a seller in the area in which
the Assets are located.
(b) Notwithstanding anything contained in the foregoing provisions:
(1) Assignor shall deliver to Assignee, on the date hereof, all security deposits
held by Assignor with respect to any Assumed Leases and any other
leases, licenses or memberships relating to the Business.
(2) Any taxes paid at or prior to the date hereof shall be prorated based upon
the amounts actually paid. If taxes and assessments for the current year
have not been paid before the date hereof, Assignor shall be charged an
amount equal to that portion of such taxes and assessments which relates
to time prior to the date hereof, and Assignee shall pay the taxes and
assessments prior to their becoming delinquent. Any such apportionment
made with respect to a tax year for which the tax rate or assessed
valuation, or both, have not yet been fixed shall be based upon the tax rate
and/or assessed valuation last fixed.
(3) Assignor shall receive the entire advantage of any discounts for the
prepayment by it of any taxes, water rates or sewer rents.
61103.2
-4-
0
Fo on
(4) As to gas, electricity and other utility charges referred to dr,Pat 6
3 a 4 above, Assignor may on notice to Assignee elect to p�t on
more of all of said items accrued to the date hereinabove f ed iovg
apportionment directly to the person or entity entitled thereto, and to the
extent Assignor so elects, such item shall not be apportioned hereunder.
(5) Assignor shall pay any real estate transfer taxes required to be paid as a
result of the transfer or assignment of the Real Property. Assignor further
shall pay any sales or other transfer taxes required to be paid as a result of
the transfer or assignment of any of the Assets pursuant to this
Assignment.
4. Employees. Assignee shall have the right (but no obligation) to interview and
extend an offer of employment to any and all of the employees of Assignor effective as of the
date hereof; provided, however, that the granting and/or exercise of this right shall not be
construed to create any contractual employment rights in any employee hired by Assignee other
than as an employee terminable at will.
5. Representations and Warranties of Assignor. Assignor hereby jointly and
severally makes the following representations and warranties to the Assignee with regard to
Assignor's conveyance of the Assets:
(a) Organization of Marina Partners. Marina Partners is a limited liability company
duly organized, validly existing and in good standing under the laws of the Statg
of North Carolina with full requisite limited liability company power to carry orr
its business as now being conducted and to own and operate the Assets now
owned by it.
(b) Due Authorization; Binding Agreement. Marina Partners has the requisite limited
liability company power and authority to execute and deliver this Assignment and
consummate the transactions contemplated hereby. The execution, delivery and
performance of this Assignment by Marina Partners have been duly authorized by
Marina Partners and this Assignment has been duly executed and delivered by all
parties comprising Assignor. This Assignment constitutes the legal, valid and
binding obligation of Assignor, enforceable against Assignor in accordance with
its terms except as (a) the enforceability thereof may be limited by bankruptcy,
insolvency or similar laws affecting creditors' rights generally and (b) the
availability of equitable remedies may be limited by equitable principles of
general applicability.
(c) Title to Assets. As of the date hereof, the Assets shall be free and clear of all
pledges, liens, leases, licenses, equities, conditional sales contracts, charges,
encumbrances, security interests, easements, restrictions, rights of use or
possession, chattel mortgages, mortgages or deeds of trust and adverse claims,
with the exception of liens or other matters described on Exhibit B attached
hereto and incorporated herein by reference. To the best of Assignor's
knowledge, there are no pending or threatened developments (including any
61103.2
-5-
pending or threatened litigation) with respect to the ownership 4 hd sets
which interfere with any present or intended use of such Assets of adversely
affect the marketability of such Assets.
(d) No Violation: Consents. Assignor is not subject to or a party to any charter or bye-
law, or any mortgage, lien, lease, agreement, contract, law, rule, regulation
(including without limitation environmental law, rule, or regulation of any kind),
order, judgment or decree, or any other restriction of any kind or character, which
would (i) prevent the consummation of the transactions contemplated by this
Assignment or would be violated or breached in any material respects by
consummation of such transactions, or (ii) materially and adversely affect the
ability of the Assignee to operate the Assets on substantially the same basis as
theretofore operated by Assignor, or (iii) require the consent of any third party to
the transactions contemplated herein, or (iv) materially and adversely affect
Assets or its financial condition.
(e) Taxes. To the best of Assignor's knowledge, all ad valorem and personal
property taxes relative to the Assets which would be currently due and payablq
have been paid in full. To the extent required by law, Assignor hereby agrees to
timely file the applicable tax returns and pay any taxes due thereon for the period
of its operation of its Business through the date hereof. 5
(f) Compliance with Law. To the best of Assignor's knowledge, Assignor has
complied with all material applicable laws and governmental regulations in all
respects material to its Business and Assets including without limitation labor,
environmental, and OSHA laws and regulations.
(g) Condition of Assets. Except as otherwise specifically warranted in this
Assignment, Assignor makes no warranties whatsoever with respect to the Assets,
it being the intention of the parties that the Assets being conveyed hereunder are
being conveyed by Assignor and accepted by Assignee "AS IS, WHERE IS"
without warranty or representation, express, implied, or statutory, as to the
condition or suitability of the Assets for any particular purpose.
6. Representations and Warranties of Assignee. Assignee hereby makes the
following representations and warranties to the Assignor:
(a) Organization. Assignee is a limited liability company duly organized, validly
existing and in good standing under the laws of the State of North Carolina:
Assignee is duly qualified to transact business as a limited liability company in
each jurisdiction where the ownership of its assets or the conduct of its business
shall require such qualification.
(b) Authorization. Assignee has the requisite limited liability company power and
authority to execute and deliver this Assignment and consummate the transactions
contemplated hereby. The execution, delivery and performance of this
61103.2
-6-
Sep ''VGT� CG
1 Zoos N, Nc
Assignment by Assignee have been duly authorized by the Assignee and this
Assignment has been duly executed and delivered by Assignee. This Assignment
constitutes the legal, valid and binding obligation of Assignee, enforceable against
Assignee in accordance with its terms except as (a) the enforceability thereof may
be limited by bankruptcy, insolvency or similar laws affecting creditors' rights
generally and (b) the availability of equitable remedies may be limited by
equitable principles of general applicability.
7. Indemnities.
(a) Assignor will indemnify and save harmless Assignee from any and all costs,
expenses, losses, damages and liabilities incurred or suffered by Assignee
(including, without limitation, reasonable legal fees and expenses) arising out of,
resulting from or attributable to (a) the breach of, or misstatement in, any one or
more of the representations or warranties of Assignor made in or pursuant to this
Assignment, or (b) any and all obligations, debts or other liabilities of Assignor
with respect to the Business not expressly assumed by Assignee pursuant to this,
Assignment. t
(b) Assignee will indemnify and save harmless Assignor from any and all costs,
expenses, losses, damages and liabilities incurred or suffered by Assignor
(including reasonable legal fees and expenses) arising out of, resulting from or
attributable to (a) the breach of, or misstatement in, any one or more of the
representations or warranties of Assignee made in or pursuant to this Assignment,
(b) any and all obligations, debts or other liabilities expressly assumed by
Assignee pursuant to this Assignment, or (c) any and all matters arising with
respect to the operation of the Business after the Closing (except to the extent
directly attributable to the negligence or willful misconduct of Assignor prior to
Closing).
(c) An indemnified party under this Assignment will promptly give written notice to
the indemnifying party after obtaining knowledge of a claim as to which recovery
may be sought against the indemnifying party, provided that the failure of they
indemnified party promptly to notify the indemnifying party of any such matter
will not release the indemnifying party from liability except to the extent the
failure to so notify actually prejudices the indemnifying party's ability to defend
against any such claim. If such claim for indemnity arises from the claim or
litigation of a third party, the indemnifying party may, by notice to the
indemnified party and at its own cost and expense, assume the defense of such
claim or litigation. Except with the consent of the indemnified party, the
indemnifying party will not, in the defense of such claim or litigation, consent to
entry of any judgment or enter into any settlement which does not include a
complete release of the indemnified party from all liability in respect of such
claim or litigation. The indemnifying party will permit the indemnified party to
participate in such defense, at its own expense, through counsel chosen by the
indemnified party.
61103.2
-7-
8. Joint and Several Liability of Assignor. The word "Assignor" as used in this
Assignment shall refer to all persons, limited liability companies and/or other entities comprising
same, and the liability of such persons, limited liability companies and/or entities for compliance
with and performance of all the terms, covenants and conditions of this Assignment shall be joint and
several.
IN WITNESS WHEREOF, the Assignor has caused this instrument to be executed under
seal this the 25tlnf August, 2005.
ACCEPTED BY ASSIGNEE:
ATLANTIC BLUE PROPERTIES, LLC
By: Atlantic Blue Developers, LLC
M
ASSIGNOR:
MARINA PARTNERS, LLC (SEAL)
Name:
Title:
R. Strader, Jr.
Keith M. Beatty
William Bartley Edge, Manager
William Bartley Edge, Manager
61103.2
-8-
8. Joint and Several Liability of Assignor. The word "Assignor 2i(4ed in this
Assignment shall refer to all persons, limited liability companies and/or othe �nht yLsC- omprising
same, and the liability of such persons, limited liability companies and/or enthtii fo compliance
with and performance of all the terms, covenants and conditions of this Assignment Is all be joint and
several �0
OS
IN WITNESS WHEREOF, the Assignor has caused this instrument to be executed Mulder
seal this the 4.5� of August, 2005.
MARINA PARTNERS, LLC (SEAL)
By: (SEAL)
Name:
Title:
Eugene R. Strader, Jr.
Patricia W. Strader
James E. Wallace, Jr.
Keith M. Beatty
ACCEPTED BY ASSIGNEE:
ATLANTIC BLUE PROPERT LLC
By: Atlantic Bl 1D1
rs, C
By: ,
William y dge, Manager
By:
William Bartley Edge, Manager
61103.2
12
61103.2
EXHIBIT A
CONTRACTS
0
EXHIBIT B O� y
LIENS �GG Lti
NONE moos 20
0
61103.2
-10-
ASSIGNMENT AND ASSUMPTION OF LEASES, LICENSES AND PERMITS
THIS ASSIGNMENT AND ASSUMPTION OF LEASES, LICENSES AND PERMITS (this
"Assignment") is made this 25th day of August, 2005, by and between MARINA PARTNERS, LLC, a
North Carolina limited liability company ("Marina Partners'); EUGENE R. STRADER, JR and wife,
PATRICIA W. STRADER (together, "Strader ); JAMES E. WALLACE, JR. (single) ("Wallace');
KEITH M. BEATTY (single) (`Beatty') (Marina Partners, Strader, Wallace and Beatty being
collectively referred to herein as "Assignor); and ATLANTIC BLUE PROPERTIES, LLC, a North
Carolina limited liability company ("Assignee').
For good and valuable consideration, the receipt and legal sufficiency of which hereby are
acknowledged the parties agree as follows:
1. Assignment. Assignor hereby assigns to Assignee all right, title and interest of
Assignor in and to (i) the boat slip leases and/or license agreements listed on Exhibit A attached
hereto and incorporated herein by reference (collectively the "Assumed Leases") and (ii) all permits
and approvals related to the operation of the marina located upon the 1.98 acres of real property
conveyed by Assignor to Assignee on this date by deed recorded in Book i%, Pageajj[aof the
New Hanover County Public Registry (including without limitation, N.C. Department of
Environment and Natural Resources and Coastal Resources Commission Permit #132-96 issued on,
November 22, 1999; rights under N.C. Division of Water Quality General Water Quality
Certification No. 3025; rights under U.S. Army Corps of Engineers Action ID No. 199603725; and
all sedimentation and erosion control plans as approved from time to time by the New Hanover
County Engineering Department) (collectively, the "Permits"). Assignor hereby delegates ,tq
Assignee all rights and obligations of Assignor under the Assumed Leases and Permits arising after
the date hereof.
2. Assumption. Assignee hereby assumes and accepts the foregoing assignments on
the terms and conditions set forth herein and, effective as of the date first above written, Assignee
assumes and agrees to keep, observe and perform all of the terms, covenants, agreements,
conditions, liabilities and obligations under the Assumed Leases and the Permits on the part of the
Assignor to be kept, observed and performed.
3. Indemnification By Assignee. Assignee hereby agrees to release, indemnify, defend
and save harmless Assignor and all of its members, managers, employees and agents from and
60955.1
a
against any and all defaults, losses, liabilities, penalties, damages, claims, costgand expenses
(including without limitation, reasonable attorneys' fees) suffered or incurred byAssignor as a
result of, as a consequence of, or arising out of Assignee's acts or omissions under any of the
Assumed Leases and/or the Permits from and after the effective date and time of this A��ment.
s G
4. Indemnification By Assignor; Joint and Several Liability. Assignor hereby agees to
release, indemnify, defend and save harmless Assignee and all of its members, managers,
employees and agents from and against any and all defaults, losses, liabilities, penalties, damages,
claims, costs and expenses (including without limitation, reasonable attorneys' fees) suffered or
incurred by Assignee as a result of, as a consequence of, or arising out of any of the Assumed
Leases and/or the Permits prior to the effective date and time of this Assignment. The liability of
Assignor hereunder shall be joint and several.
5. Assignor Warranties. Assignor jointly and severally represents and warrants to the
Assignee:
a. That the Assignor is the sole owner of its entire interest (as landlord, owner
and/or licensor) in the Assumed Leases and the Permits;
b. That the Assumed Leases are in full force and effect, are valid and
enforceable according to their respective terms and have not been altered,
modified or amended in any manner except as shown on Exhibit A attached
hereto;
C. That the Permits are in full force and effect, are valid and enforceable
according to their respective terms and have not been altered, modified or
amended in any manner;
d. That, to the best of Assignor's knowledge and belief, no tenant, lessee or
other party named in any of the Assumed Leases is in default under any of
the terms, covenants or conditions thereof;
e. That Assignor has full right and title to assign the Assumed Leases and all
rents, issues and profits thereunder;
f. That, to the extent the Permits are assignable, Assignor has full right and title
to assign the Permits and all rights accruing thereunder;
g. That no other assignment of any of Assignor's rights, title and interests in the
Assumed Leases and/or the Permits has been made;
h. That the Assignor is not in default under any of the Assumed Leases or
Permits; and
i. That Assignor has obtained all consents necessary to accomplish the
assignments provided in this Assignment.
6. Security Deposits. This Assignment includes an assignment of all security deposits
held by the Assignor pursuant to the terms of the various Assumed Leases (it being agreed that
Assignor shall issue a check for such deposits directly to Assignee at Closing).
[SIGNATURES BEGIN ON FOLLOWING PAGE]
60955.1
IN WITNESS WHEREOF, the parties have caused this Assignment to be duly executed as
of the date first above written. O
ASSIGNOR: J' f: (`
().
MARINA PARTNERS, LLC c Z
w 04
o O�
By: (SEAL)
Print Name:
Print Title: membe
uug fie R. Strader, Jr.
&erm m. tseauy
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Lynn R. Ward , a Notary Public, do certify that
Eugene R. Strader, Jr. personally appeared before me and acknowledged that he/she
is the member of MARINA PARTNERS, LLC, a North Carolina limited liability
company, and that by authority duly given and as the act of the limited liability company, the
foregoing instrument was signed and sealed in its name by him(bm) as its member
E S my hand and officials • stain ,1 ' 25th d of gust, 2005.
r� �.•% % �!�oublicl
T10TARy 2 My commission expires. 5-18-08
m..
pUSLIG tNATUR.ES CONTINUE ON FOLLOWING PAGE]
S 4
0
STATE OF NORTH CAROLINA
A �C}
COUNTY OF NEW HANOVER 2
v, 04,
I, Lynn R. hard a Notary Public in and for the State and o OZmQ
County aforesaid, do certify that Eugene R. Strader, Jr. and wife, Patricia W. Strader, personal, _
appeared before me this day and acknowledged the due execution of the foregoing instrument. n
WITNESS my hand and official seal this 25th davof August 2005.
otary Public
My Commission Expires:
5-18-08
z
1
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
\4oTAR f-
_._ . z
OUBOG : :
1, Lycm R. Ward a Notary Public in and for the State and
County aforesaid, do certify that James E. Wallace, Jr, personally appeared before me this day
and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this 25th day August 2005.
N tary Publi cNwwwewww.
My Commission Expires:
5-18-08
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STATE OF NORTH CAROLINA 2R�
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COUNTY OF NEW HANOVER
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I, T.= Ryard- Notary Public in and for the State and 6
County aforesaid, do certify that Keith M. Beatty personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this 75th da of August 2005.
Nit ""'►., Notary Public
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My Commission Expires:&° .•' '•• �s
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5-18-08 e z : �.� '
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60955.1
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ASSIGNEE:
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ATLANTIC BLUE PROPERTIES, LLC L
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By: Atlantic Blue Develope
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Member anager
By:
Willi Bard
Edge, Manage .
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By.ppVH
William Bartley Edge, its Manager
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STATE OF NORTH CAROLINA
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'''••..- NOS1l�L,.a
COUNTY OF NEW HAN/,O'VE
I � 14� (�/ ,qp7 j a Notary Public, do certify that
William Bartley Edge personally appeared before me and acknowledged that he is a Manager of
Atlantic Blue Developers, LLC, a Member/Manager of ATLANTIC BLUE PROPERTIES,
LLC, a North Carolina limited liability company, and that by authority duly given and as the act
of said Atlantic Blue Developers, LLC, as a Member/Manager of ATLANTIC BLUE
PROPERTIES, LLC, the foregoing instrument was signed in its name by him.
WITNESS my hand and official seal or stamp, this %.14 µ, ay of August, 2005.
lee - ��
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
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COUNTY OF NEW HANOVER
a Notary Public; dpt}iat
William Bartley Edge personally appeared before me and acknowledged that he is a Manager of
ATLANTIC BLUE PROPERTIES, LLC, a North Carolina limited liability company, and that
by authority duly given and as the act of limited liability company, the foregoing instrument was
signed in its name by him.
WITNESS my hand and official seal or stamp, this o,�day of August, 2005.
Notary Public / -
My commission expires: /D
60955.1 6
EXHIBIT A
1. License Agreement with Keith Stark dated 4/18/02.
2. License Agreement with Howard G. Kiedaisch dated 9/30/01
3. License Agreement with Roy Koshock — not dated
4. License Agreement with Thomas Helgesen dated 2/9/02 2
s ��A-31
5. License Agreement with Rick Fincher dated 11/4/01 OZ
2�
6. License Agreement with Duncan Chambers dated 2/29/00
7. License Agreement with Henry Buecker dated 2/24/00
8. License Agreement with Reis Smith dated 11/11/02
9. License Agreement with Timothy C. Shackelford dated 2/26/04
10. License Agreement with Charles Sellers dated 12/2/04
11. License Agreement with Gabriel J. Rich, III dated 12/7/03
12. License Agreement with Kirkland & Barbara Pugh dated 4/7/03
13. License Agreement with Cayne Poplaski dated 1/25/04
14. License Agreement with Mark Olivola dated 2/11/05
15. License Agreement with Dan Nolan dated 7/30/03
16. License Agreement with William McDade dated 115105
17. License Agreement with Joseph John Michalek dated 8/30/01
30.
31.
32.
33.
34.
Exhibit A — Continued
License Agreement with Michael J. Czyl dated 3/13/2005
License Agreement with Allen Colcard dated 2/6/05
License Agreement with Gregory M. Collins dated 6/l/05
License Agreement with LeRoy Cherry dated 3/29/05
License Agreement with Dale Brunk dated 115105
Exhibit A — Continued
30.
31.
32.
33.
34.
License Agreement with Michael J. Czyl dated 3/13/2005
License Agreement with Allen Colcard dated 2/6/05
License Agreement with Gregory M. Collins dated 6/1/05
License Agreement with LeRoy Cherry dated 3/29/05
License Agreement with Dale Brunk dated 1/5/05
EXHIBIT A
1. License Agreement with Keith Stark dated 4/18/02.
2. License Agreement with Howard G. Kiedaisch dated 9/30/01
3. License Agreement with Roy Koshock — not dated J'
4. License Agreement with Thomas Helgesen dated 2/9/02
GA
5. License Agreement with Rick Fincher dated 11/4/01
2�
6. License Agreement with Duncan Chambers dated 2/29/00
License Agreement with Henry Buecker dated 2/24/00
License Agreement with Reis Smith dated 11/11/02
9. License Agreement with Timothy C. Shackelford dated 2/26/04
10. License Agreement with Charles Sellers dated 12/2/04
11. License Agreement with Gabriel J. Rich, III dated 12/7/03
12. License Agreement with Kirkland & Barbara Pugh dated 4/7/03
13. License Agreement with Cayne Poplaski dated 1/25/04
14. License Agreement with Mark Olivola dated 2/11/05
15. License Agreement with Dan Nolan dated 7/30/03
16. License Agreement with William McDade dated 1/5/05
17, License Agreement with Joseph John Michalek dated 8/30/03
18. License Agreement with Jim Marshall dated 6/5/04
19. License Agreement with Carroll H. Matthews dated 2/6/05
20. License Agreement with Karen & Jeff Loveless dated 10/9/04
21. License Agreement with Bob Kunhardt dated 2/7/04
22. License Agreement with Carlisle Jennings dated 11/16/03 — no signature
23. License Agreement with Larry Hayes dated 511105
24. License Agreement with Jim Gervais dated 4/l/05
25. License Agreement with Martin Gallan dated 3/30/05
25. License Agreement with Barry Foote dated 1/14/05
26. License Agreement with Reliant Marine, LLC dated 2/26/03
27. License Agreement with Reliant Marine, LLC dated 2/26/03
28. License Agreement with Reliant Marine, LLC dated 1/20/03
29. License Agreement with Peter G. Dahl dated 7/l/04