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Home My WebLink AboutWQ0040685_Other Correspondence_20191104BK: RB 6259 IIIIIIIII�1f�lll��llllllllll��llll IIIII PG: 2585-2589 RECORDED: 2019036020 NCFEE $2600 11-04-2019 NEW HANOVER COUNTY, NC 08:45:20 AM TAMMY THEUSCH BEASLEY BY: ANGELA ENGLISH REGISTER OF DEEDS DEPUTY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INDIE ICE TOWNES THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INDIE ICE TOWNES ("Amendment") is made this day of November, 2019 by PBW HOLDINGS, LLC ("Declarant"). RECITALS A. Declarant caused to be recorded that certain Declaration of Covenants, Conditions and Restrictions for Indie Ice Townes in Book 6240, at Page 1388 in the office of the Register of Deeds of New Hanover County (the "Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration, unless otherwise defined herein or the context shall otherwise prohibit. B. The Declarant desires to amend the Declaration as set forth herein. C. Pursuant to Article 17, Section 17.2(a) of the Declaration, during the Development Period, Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. NOW, THEREFORE, Declarant, exercising its right to amend the Declaration and pursuant to the provisions set forth above, hereby amends the Declaration as follows: 1. Article 1 of the Declaration is amended by adding the following section: Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Please return to Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Attention: Justin M. Lewis 1.34 "Association Disposal System": The portions of the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities constructed by Declarant within the Common Elements to provide sanitary sewage disposal to serve the Project that are (i) dedicated and transferred to the Association and (ii) not operated and maintained by New Hanover County. 2. Article 5, Section 5.1 of the Declaration is amended by adding the following subsection: (i) All or any portion of the Association Disposal System located upon the Common Elements. The Association shall maintain and operate the Association Disposal System in conformity with applicable law and the provisions of any applicable permits for construction, operation or repair and maintenance of the Association Disposal System, including without limitation Permit No. WQ0040685, as modified, and the Developer's Operational Agreement between the North Carolina Environmental Management Commission and Declarant dated October 1, 2019. Declarant may cause Permit No. WQ0040685, as modified, and any other permits related to the Association Disposal System to be transferred to the Association. The Association shall accept the transfer of any such permits. This Association Disposal System shall be operated and maintained as a Common Expense and shall receive the highest priority for expenditures by the Association except for federal, state and local taxes, and insurance. Article 10, Section 10.3 of Declaration is amended by adding the following sentence to the first paragraph: "The budget shall also include a separate fund established by the Board for expenses related to maintenance and operation of the Association Disposal System separate from the routine maintenance funds collected as part of the Common Expenses, as further set forth in Section 10.12." 4. Article 10 of the Declaration is amended by adding the following section: 10.12 Association Disposal System Fund. In order to assure that there should be funds readily available to repair, maintain or construct the Association Disposal System, beyond the routine operation and maintenance expenses of the Association, the Board shall establish a separate fund from the Common Expenses for the operation and maintenance of 2 the Association Disposal System. In the event the funds collected separately for the Association Disposal System are not adequate for the construction, repair and maintenance of the Association Disposal System, the Board may levy a special assessment to cover such necessary costs. The Board may levy such a special assessment as necessary at any time, without limit as to the amount of the assessment, and without Member approval. 5. Article 17 of the Declaration is amended by adding the following section: 17.9 Dissolution. The Association shall not enter into voluntary dissolution without first having transferred the Association Disposal System to some person, corporation or other entity acceptable to and approved by the North Carolina Environmental Management Commission. 6. Except as expressly provided in the paragraphs above, the terms and provisions of the Declaration shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF, the Declarant, pursuant to the authority above recited, has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given this the day and year first above written. HOLDINGS, LLC By: or (SEAL) David A. Spetrino, Jr., Ma ger 3 STATE OF A/0 ,no ;, COUNTY OF NeA davW ml' I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: David A Spetrino, Jr.. Date _j - -I I Signature of Notary Public P-,e-6eeiL, E. 71tyr ,, , Notary Public Printed or typed name My commission expires: 10 ho 31 (Official Seal) 4,,p � o' IA0TAq z r r� PUBLIC =` 11110VER Co ff Notary seal or stamp must appear within this box. 160463-00002 ND: 4830-5023-5563, v 4 TAMMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 N TV C 0 r State of North Carolina, County of NEW HANOVER Filed For Registration: 11/04/2019 08:45:20 AM Book: RB 6259 Page: 2585-2589 5 PGS $26.00 Real Property $26.00 Recorder: ANGELA ENGLISH Document No: 2019036020 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording.