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HomeMy WebLinkAboutNCG140398_Owner Change Form_20180702FOR AGENCY USE ONLY AG." � Division of Energy, Mineral &Land Resources !r Land Quality Section/Stormwater Permitting Year Month Day NCDENR National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage 1I. Permit status prior to requested change. j [ a. Permit issued to (company name): t2gLi� q /`!a %fOChi �+ry-% ZvC. b. Person legally responsible for permit:_— RECEIVED JUL 02 2018 aSNR-LAND QUALITY _STORMWATER PERMITTING c. Facility name (discharge): d. Facility address: e. Facility contact person: First MI Last Title Permit Holder Mailing Address s'wQ rnnan a �._ _ N e- *�-S 7 `7 City Statc 'Zip � Phone �'Fax , I�l��b� ir►4 I?Falrr'A .�eCi.._��, L i1L Address SWCL nBanbCL _ a 777 City State Zip G'C IL,�ct_R _-. (8as0 -7 -1 7 D G 3 �- First / MI /Last phone Please provide the following for the requested change (revised permit). a. Request for change is a result of: Change in ownership of the facility Dams+ chnnue of the facility nr nwner If other please explain: A,i ejj' C I% b. Permit issued to (company name): c. Person legally responsible for permit: Title Permit Holder Mailing Address C IV C— City State Zip Pt/ J toy 1 3?J-a�'SD_ _ __ crryc,_&I Phonc L -snail Address d. Facility name (discharge): e. Facility address: ✓ ACCjAdd: css Cit`y State Zip / f. Facility contact person: S�0 NA t..._- i1�6•1�s r aFirst MMllj� Last Co. Co— Phone E -snail Address fV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 NPDES PERMIT NAMElOWNEERSHIP CHANGE FORM Page 2 of 2 Permit contact: D�t'1 f L _ ,%�c ��`✓ First MI Last 616 T:•i_ Mailing Address y c O / City _..._ Cr,f.. Zip � s1' %�k-'>.'%S_!5o ��Kic.��l�x�o�• � ccs Phone E-mail Address CO. CD9— V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? Yes No (please explain) _ VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: [3"" This completed application is required for both name change and/or ownership change requests. 2r Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITT ER IFICATION (Permit holder prior to ownership change): I, L �tt�arA application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incoftlete. Signature mate AP�'LIC � RTIFICATIOtN I, �12�,'�tle that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. l understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date .................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting .Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27,20V Alc,G CYo )Y;? East Asheville Plant: 606 Old US 70 Swannanoa, HC 28718 roucG th Asheville Plant: 264 Mills Gap Rd. Fletcher, NC 28732 18281686-3040 (8281684-1920 www.carolinareadymixinc.com k1cG!`to`)ci'�( North Asheville Plant: 3809 US Highway 25/70 Marshall, NC 28753 18281649-1016 RECEIVED JUL 02 2018 n SiORMWq ERp RYITT� NG RECEIVED JUL 021018 DENR-LAND QUALITY STORMWATER PERMITTING BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is made and given as of MA, gi 2018 by Carolina Ready Mix and Builders Supply, Inc. (the "Seller") to CRM A cq isition Holdings, LLC (the "Purchaser"). WHEREAS, pursuant to a Contribution and Purchase Agreement of even date by and among Seller, Purchaser, Concrete Supply Co., LLC, and Bart Jones (the "Contribution Agreement"), Seller has agreed to contribute, transfer, and assign, and Purchaser has agreed to acquire, accept, and assume, certain assets and certain obligations of Seller relating to the Business (terms not defined herein shall have the same meaning as in the Contribution Agreement). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the parties hereto do hereby agree as follows: 1. Contributed Assets. Seller does hereby contribute, sell, assign, convey and deliver to Purchaser the entire right, title and interest of Seller in and to all of the Contributed Assets. 2. Effective Time. The effective time of the transfer of the Contributed Assets and assumption of the Contributed Liabilities shall be 12:01 a.m. A , 2018. 3. No Liens, Title. Seller hereby conveys the Contributed Assets to Purchaser free and clear of all mortgages, security interests, liens, claims, charges or encumbrances of any nature whatsoever except as otherwise provided in the Contribution Agreement. 4. Assignment. Seller does hereby assign and transfer to the Purchaser to the extent legally assignable, all of its right, title and interest in and to the Contributed Liabilities, and Purchaser hereby accepts and assumes all of the Contributed Liabilities and agrees to pay, perform, and discharge when due, the obligations thereunder. 5. Benefit. This Agreement is made for the benefit of Purchaser and Seller and their respective shareholders and members and the provisions of this Agreement may be enforced by any of them. This Agreement shall not be assigned by operation of law or otherwise. 6. Executed Counterparts. Each executed copy of this Agreement shall be deemed to be an original. Different copies may be executed by Purchaser and Seller, and all executed copies shall be treated as one and the same Agreement. 7. Headings. Headings at the beginning of the various sections of this Agreement are for convenience of reference only and shall not affect the terms of this Agreement. 8. Governing Law. This Agreement shall be governed by the laws of the State of North Carolina, without regard to the conflicts of laws provisions thereof. 9. Amendment. No amendment or modification of this Agreement shall be effective unless it is set forth in writing and signed by all parties hereto. 10. Post Closing Matters. Each party agrees to cooperate with the other with regard to taking any action reasonably necessary to implement the terms of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers, on this the date first above written. SELLER: CAROLINA READY MIX AND BUILDERS SUPPLY, INC. By: _ —7/3 JJ'A Name: Title: Pre s;AZ77-- PURCHASER: CRM ACQUISTION HOLDINGS, LLC By: Henry R. Batten, Manager 2 8. Governing Law. This Agreement shall be governed by the laws of the State of North Carolina, without regard to the conflicts of laws provisions thereof. 9. Amendment. No amendment or modification of this Agreement shall be effective unless it is set forth in writing and signed_ by all parties hereto. 10. Post Closing Matters. Each party agrees to cooperate with the other with.regard to taking any action reasonably necessary to implement the terms of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorizedd officers, on this the date first above written. SELLER: CAROLINA READY MIX AND BUILDERS SUPPLY, INC. Lo Name: Title: PURCHASER: CRM ACQUISTION HOLDINGS, LLC By: //, 44 /Henr/R. Batten, Manager 2 NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF AMENDMENT OF CRM ACQUISITION HOLDINGS, LLC WHICH CHANGED ITS NAME TO CAROLINA READY MIX & BUILDERS SUPPLY, LLC the original of which was filed in this office on the 7th day of June, 2018. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 7th day of June, 2018. Document Id: C201815800880 Verify this certificate online at httpJ/www.sosnc.govtverification Secretary of State ft SOSID: 1688483 Date Filed: 6/7/2018 11:36:00 AM Elaine F. Marshall State of North Carolina North Carolina Secretary of State Depardnent of the Secretary of State C2018 158 00880 Limited Liability Company AMENDMENT OF ARTICLES OF ORGANIZATION Pursuant to 657D-2-22 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Amendment for the purpose of amending its Articles of Organization. 1. The name of the limited liability company is: CRM Acquisition Holdings, LLC 2. The text of each amendment adopted is as follows (attach additional pages if necessary). Paragraph 1 shall be deleted in its entirety and the following shall be inserted therefore: "The name of the limited liability company is: Carolina Ready Mix & Builders Supply, LLC" 3. (Check either a or b, whichever is applicable) A.nThe amendment(s) was (were) duly adopted by the majority vote of the organizers of the limited liability company prior to the identification of initial members of the limited liability company. B.nThe amendment(s) was (were) duly adopted by the unanimous vote of the members of the limited liability company OF was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating agreement. 4. These articles will be effective upon filing, unless a date and/or time is specified: *' This the I day of � , 20 18 CRM Acquisition Holdings, LLC Nam oJLfmfted Liability Company naturi enry R. Batten, Manager Company Official Type or Print Name and Title NOTES: 1. Filing fee is $50. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised July 2017) (Form L-179