WQ0000986_Transfer of Conveyance System_20180711

State of North Carolina
Carteret County
Transfer of Wastewater Treatment Facility
This Transfer of Conveyance System is made on this -ay of v Li
20ty between Island Beach and Racquet Club Condominium Ow s
Association, Inc. ("IBRC"), Atlantic Newport Hospitality, LLC, ("ANE") and
2800 WFM, Inc. ("2800 WFM") (collectively, "Transferors") and Enviracon
Utilities., Inc. ("Transferee")
In accordance with the Conveyance System Agreement, dated May 29,
2015, which was filed and approved by the North Carolina Utilities Commission in
Docket No. W-1236, Sub 5, and its subsequent amendments (hereinafter
"Conveyance System Agreement"), Transferors, for good and valuable
consideration, hereby convey to Transferee the following:
Transferors convey all of their rights, title and ownership
interests to all components of the waste water treatment facility
("WWTF"), except for the real property owned by IBRC on which the
WWTF is located.
This Transfer Agreement is made in accordance with the Conveyance
System Agreement and does not amend any of the provisions in the Conveyance
System Agreement, except to the extent necessary to amend the timing of the
transfer of the WWTF. The Transferee acknowledges that pursuant to the terms of
Conveyance System Agreement the WWTF has received specified repairs and
upgrades. The Transferee acknowledges and accepts that the repairs and upgrades
outlined in the Conveyance System Agreement have been completed to its
satisfaction. Transferee further acknowledges that customers of the system have
been funding insurance coverage for the system, and Transferee agrees that it shall
obtain insurance coverage for the WWTF, coincident with the transfer and
acceptance of the system.
This Transfer Agreement does not alter the rights of any Party to the
Conveyance System Agreement, nor does it discharge the obligations of any Party
to the Conveyance System Agreement, including the completion of repairs and
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upgrades to the WWTF. The Transferors' signatures herein signify that IBRC and
ANH are the lawful owners of the WWTF described above and have the right to
transfer the WWTF as IBRC and ANH choose. 2800 WFM uses the WWTF and
has contributed to the WWTF's repairs and upgrades but is not an owner of the
WWTF, its signature signifies that 2800 WFM transfers any rights and interests
that it may have in the WWTF. Transferee is the operator of the system, is familiar
with the WWTF and has inspected the WWTF. Transferee's signature herein
signifies that Transferee accepts the WWTF described above in its "as is"
condition.
The parties acknowledge that certain permits for the WWTF have not yet
been issued by the North Carolina Department of Environmental Quality (DEQ).
In the event that DEQ should determine that additional repairs, upgrades,
corrections, or equipment is required to obtain any necessary permits, 2800 WFM,
Inc. acknowledges that it shall be responsible for the costs to upgrade, repair,
correct or provide equipment necessary to obtain any necessary permits.
Additionally, 2800 WFM acknowledges and affirms that all invoices and bills
provided to 2800 WFM by independent contractors, subcontractors or any potential
lien holders for the necessary upgrades and repairs provided in the Conveyance
System Agreement have been paid and that there are no outstanding bills or
invoices that 2800 WFM has not paid in full as of the date of this agreement.
Further, to the extent there are any outstanding invoices or bills that have not been
provided to 2800 WFM, the company acknowledges responsibility for payment
and will hold all parties, including Transferee, harmless from any claims in
connection with the Conveyance System Agreement.
Page 2 of 6

En*ontie nc. ransferee)
BYeside
STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
CARTERET COUNTY
a Notary Public for 11 - -, County,
hereby certify that—�� ��,k , personally appeared before me
in the capacity indicated and acknowledged that he/or she signed the foregoing
instrument in the capacity indicated and that he/or she was authorized to sign the
instrument in the capacity indicated.
Witness my hand and official seal this � NI—day of d _2018.
ot
SP
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Page 3 of 6
NOTARY PUBLIC

IBRC Condominium Owners Association, Inc. (Transferor)
BY:-14
President
STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
CARTERET COUNTY
I, i , a Notary Public for _County,
hereby certify that G�;n, 0 n , personally appeared before me
in the capacity indicated and acknowledged that he/or she signed the foregoing
instrument in the capacity indicated and that he/or she was authorized to sign the
instrument in the capacity indicated.
Witnak$V" and official seal this j 1 day of 2018.
NO
Y•� J
PU
R �DJ���� NOTARY PU LIC
My commission expires: - Z o
Page 4of4.6

Atlantic Ne rt H s 'tal'ty, LLC. (Transferor)
BY:
Presid
STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
CARTERET COUNTY
C'Q)W(L- , a Notary Public for CL County,
hereby certify that ,personally appeared before me
in the capacity indicated and acknowledged t at he/or she signed the foregoing
instrument in the capacity indicated and that he/or she was authorized to sign the
instrument in the capacity indicated.
Witness my hand and official seal this
(OFFICI
My commission ex
day of 2018.
Page 5 of 6
NOTARY PUBLIC

2800 WFM, Inc / ror)
BY:
esiden
STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
CARTERET COUNTY
I, ' L �. k h4mb , a Notary Public for Otmt4 County,
hereby certify that , personally appeared before me
in the capacity indicated and acknowle ged that he/or she signed the foregoing
instrument in the capacity indicated and that he/or she was authorized to sign the
instrument in the capacity indicated.
Witness my hand and official seal this -- j day of 2018.
(�E�ela
COUNTY OF C R
my Commission Expires: NO'T'ARY PUBLIC
My commission expires: 23
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