HomeMy WebLinkAboutNCC215944_FRO Submitted (2)_20211027Durham City/County
Sedimentation and Erosion Control
JCN
(Office Use Only)
[, l FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
f WITH LANDOWNER CONSENT FORM
No person may initiate any land -disturbing activity covered by the Durham City -County Unified Development Ordinance before a
Land Disturbing Permit is issued by the Sedimentation and Erosion Control Office. Issuance of a Land Disturbing Permit does not
relieve the permittee of the obligation to obtain any other licenses, permits and approvals as may be required by Federal, State,
County or Municipal governments. This office must be notified in writing of any change to the information on this form.
PLEASE TYPE OR PRINT
1. Project name: Umstead Grove
2. Road location of land -disturbing activity: 1801 Stacy Drive, Durham NC 27712
Tax Map - Block - Parcel: 182250 PIN: 0814-02-65-0957
3. Square footage of land to be disturbed or uncovered: 15.00 acres
4. List below the landowner of record. Each landowner must complete Item 8.
(If there are multiple owners, please list on a separate page):
-rHOM sir 1 1MC 0 l fl tAe_ 1i2
Name
1915 Hillock Place
Address
Durham NC 27712
City State Zip
Telephone Fax Email
5. List the person or entity financially responsible for this land -disturbing activity: The financially responsible party shall
be (1) the developer or other person who has or holds themselves as having financial or operational control over the land -
disturbing activity and/or (2) the land owner or person in possession or control of the land when they have directly or
indirectly allowed the land -disturbing activity or have benefited from it and (3) the named party on the Land Disturbing
Permit.
M/I Homes of Raleip-h, LLC
Name
1511 Sunday Drive Suite 100
Street Address
Ralei h NC
27607
City State
Zip
(919) 233-5725
eleathamAmihomes.com
Telephone Fax
Email
The Sedimentation and Pollution Control Act (Act) and the Durham City -County Unified Development Ordinance
(Ordinance) includes, but is not limited to, the following legal obligations of the financially responsible party:
■ Maintain a set of approved sedimentation and erosion control plans, if required, on site.
■ Display permit on site.
■ Understand and implement any required plan, including the construction sequence and details.
it Inspect, maintain and repair sedimentation and erosion control measures, especially after rainfall events.
■ Provided adequate ground cover or otherwise stabilize all areas that have not been actively graded within 21 calendar
days.
201 E. Main St, 51h Floor, Durham, N.C. 27701 ■ (919) 560-0735 • Fax (919) 560-0740
www.co.durharnmems/ceng
■ Plan and conduct all land -disturbing activity so as to prevent off -site sedimentation.
6. For business applicants,•list below the North Carolina registered agent for the financially responsible entity:
Name I
e ors e.40 �
Street z
-ess
��' C- 4nTI
City 0 State Zip
Telephone Fax Email
7. The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. I
understand that the person or entity listed on Line 5 above will be: (1) the owner of the Land Disturbing Permit when issued;
(2) responsible for ensuring compliance with the Act and Ordinance; and, (3) will be the only person or entity with standing to
appeal any action taken or decision made by the Sedimentation and Erosion Control Office.
2-, Erica Leatham
Date Type or Print Name
919 233•-5725 VP Land Acquisition
Telephone Fax Title uthority
eleatham milionies.com
Email ire
Business Applicant Provide co orate resolution on signatory authori
a Notary Public of the County of / Oil
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personal ly came before me this day and acknowledged that hr�i is
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TA , the due execution of the foregoing instrument.
Witness 14an and official seal, this ,: �" day of-r+ , 20
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Individual Applicant
I, , a Notary Public of the County of
State of _ ; hereby certify that
personally appeared before me this date and under oath acknowledged that the above form was executed by them.
Witness my hand and official seal, this day of 120
Notary Public
My commission expires 20
LAND DISTURBING PERMITS ARE NON -TRANSFERABLE
Provide a Notarized Item 8 for each landowner listed in Item 4.
8. Land Owner Consent. As a landowner, I provide my consent for land -disturbing activities to occur on the property listed in
Item 2 by the person or entity listed in Item 5.
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Date �r Type or Print Name
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I, , a Notary Public of the County of
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personally came before me this day and acknowledged that he is
of and acknowledged, on behalf of
the due execution of the foregoing instrument.
Witness my hand and official seal, this day of 20
Notary Public
My commission expires _ .20
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personally appeared before me this date and under oath acknowledged that the above form was executed by them.
Witness my hand and official seal, this 2*4 day of 20 2I1
Notary Public
My commission expires ` to 20GO LE 'jrA.
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Provide a Notarized Item 8 for each landowner listed in Item 4.
8. Land Owner Consent. As a landowner, I provide my consent for land -disturbing activities to occur on the property listed in
Item 2 by the person or entity listed in Item 5.
Date Type or Print Name
11
Email
Fax
Title
Signature
Business Landowner Trovide corporate resolution on signatory authority]
a Notary Public of the County of
State of
hereby certify that
personally came before me this day and acknowledged that he is
of
Witness my hand and official seal, this
My commission expires
Individual Landowner
and acknowledged, on behalf of
the due execution of the foregoing instrument.
day of
Notary Public
20
I, El" ) C¢ a Notary Public of the County of
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State of Wiw" hereby certify that M C. l'. 'f
personally appeared before me this date and under oath acknowledged that the above form was executed by them.
Witness my hand and official seal, this day of �o� 20 2�
Notary Public
My commission expires rl 2013 1GOLEM 1.
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AN ACTION BY WRITTEN CONSENT OF THE MANAGEMENT COMMITTEE
OF
M/I HOMES OF RALEIGH, LLC
WITHOUT A MEETING
The undersigned, being all of the members of the Management Committee of M/I
Homes of Raleigh, LLC, a Delaware limited liability company (the "Company"), hereby
authorize, take, approve and consent to the actions expressed in the following recitals and
resolutions without a meeting to be effective as of August 1, 2020:
Election of Officers
WHEREAS, the members of the Management Committee of the Company desire
to elect the officers of the Company and to set forth the powers that shall be
possessed by and duties that shall be performed by various officers of the
Company;
NOW, THEREFORE, BE IT:
RESOLVED, that the following persons be, and they hereby are, elected to the
offices of the Company set forth opposite their respective names to serve until
their successors are duly elected:
Robert H. Schottenstein - Chief Executive Officer and
President
Phillip G. Creek - Executive Vice President and Chief
Financial Officer
J. Thomas Mason - Executive Vice President, Chief
Legal Officer and Secretary
Donald R. Westfall - Senior Vice President and General
Counsel
Sarah L. Herbert - Vice President and Assistant
General Counsel
Zachary M. Sugarman - Vice President and Assistant
General Counsel
MacDonald W. Taylor - Corporate Counsel
Kevin C. Hake - Treasurer and Senior Vice
President, Finance and Business
Development
Mark Kirkendall - Vice President Housing/Land
Controller
Randy Green - Assistant Controller
Fred J. Sikorski - Senior Vice President and Region
President
Ryan Shears - Area President
Britton Spivey - Vice President, Land Acquisition
Erica Leatham - Vice President, Land Acquisition
Allison Moriarty - Vice President, Sales and
Marketing
Ashley Rain - Sales Manager
Victoria L. Sheets _ Assistant Secretary
Ruth Waters - Assistant Secretary
Jill Heineman - Assistant Secretary
Scone of Authority of Chief Executive Officer and President
RESOLVED, that the Chief Executive Officer and President, be, and hereby, is,
authorized and empowered to execute and deliver in the name of and on behalf of
the Company any and all documents and agreements and to take all actions that
he, in his sole and absolute discretion, may deem necessary and appropriate in
order to further the business and affairs of the Company, except as otherwise
provided by law, the Certificate of Formation or the Operating Agreement of the
Company.
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Borrowing and Pled&ig of Collateral Interests
RESOLVED, that the Chief Executive Officer and President, be, and hereby is,
authorized and empowered to make borrowings in the name of and on behalf of
the Company and to pledge as collateral the real or personal property of the
Company to secure the same, as he in his sole and absolute discretion, may deem
necessary in order to further the business and affairs of the Company; and
FURTHER RESOLVED, that the Chief Executive Officer and President, the
Executive Vice President and Chief Financial Officer, the Executive Vice
President, Chief Legal Officer and Secretary, the Senior Vice President and
General Counsel, the Vice President and Assistant General Counsel, the
Corporate Counsel and the Treasurer and Senior Vice President, Finance and
Business Development (the "Authorized Officers") be, and each of them, acting
individually, hereby is, authorized and empowered to execute and deliver in the
name and on behalf of the Company any and all documents that may be required
to effectuate borrowings or pledge collateral authorized in writing by the Chief
Executive Officer and President of the Company including, but not limited to,
notes, loan agreements, mortgages, deeds of trust, security agreements, letter of
credit applications and agreements, guarantees, interest rate risk management
agreements including ISDA master agreements, schedules and confirmations, and
all other documents necessary to consummate such transactions;
FURTHER RESOLVED, that the Treasurer and Senior Vice President, Finance
and Business Development shall (i) receive and safely keep all money, bills,
notes, securities and similar property belonging to the Company, and shall do with
or disburse the same as directed by any one or more of the Authorized Officers;
(ii) keep an accurate account of the finances and business of the Company,
including accounts of its assets, liabilities, receipts, disbursements, gains, losses
and interests, together with such other accounts as may be required, and hold the
same open for inspection and examination; (iii) be authorized and empowered to
execute and deliver in the name and on behalf of the Company any and all letter
of credit applications and agreements and bond applications and agreements; and
(iv) have such additional powers and duties as Authorized Officers may from time
to time assign to him/her; and
FURTHER RESOLVED, that the Vice President Housing/Land Controller and
the Assistant Controller are empowered to execute and deliver in the name and on
behalf of the Company any and all bond applications and agreements, letter of
credit applications and agreements, and shall have such additional powers and
duties as the Authorized Officers may from time to time assign to him/her.
Purchase Option or Lease of Pro ert
RESOLVED, that the Authorized Officers be, and each of them, acting
individually, hereby is, authorized and empowered to execute and deliver in the
name and on behalf of the Company any and all documents that may be required
to effectuate (i) the lease, option to purchase, purchase or exchange of real
-3-
property (improved or unimproved) by the Company; (ii) the lease or purchase of
personal property by the Company; and (iii) borrowings in the nature of seller
financing and mortgages, deeds of trust or security agreements pledging the
property so acquired as collateral to secure such borrowings; and
FURTHER RESOLVED, that the Senior Vice President, Region President, and
the Area President, be, and each of them acting individually, hereby is, authorized
and empowered to execute and deliver in the name of and on behalf of the
Company any and all documents that may be required to effectuate the closing of
the purchase or exchange of real property (improved or unimproved) to the extent
such purchase or exchange has been authorized in writing by, or the contract
obligating the Company to purchase the same has been executed by, any one or
more of the Authorized Officers, including, but not limited to, closing statements
and other documents similar thereto, affidavits, notes and mortgages or deeds of
trust in favor of the seller, other agreements contemplated by the purchase
contract and other certifications as may be required at the Company's closings (or
as to which any such officers has executed the purchase contract obligating the
Company to such purchase).
FURTHER RESOLVED, that the Vice President Housing/Land Controller, be,
and acting individually, hereby is, authorized and empowered to execute and
deliver in the name and on behalf of the Company any and all model home lease
agreements.
Sale of Property
RESOLVED, that the Authorized Officers be, and each of them, acting
individually, hereby is, authorized and empowered to execute and deliver in the
name and on behalf of the Company any and all documents that may be required
to effectuate the sale, lease or other conveyance of any real or personal property
of the Company, wherever located;
FURTHER RESOLVED, that the Senior Vice President and Region President, the
Area President, the Sales Manager, and the Vice President, Sales and Marketing
be, and each of them, acting individually hereby is, authorized and empowered to
execute and deliver in the name of and on behalf of the Company contracts and all
addenda related thereto for the sale and conveyance of any real property improved
with housing (attached or detached and including without limitation, townhomes),
owned by the Company;
FURTHER RESOLVED, that the Senior Vice President and Region President,
and the Area President be, and each of them, acting individually, hereby is,
authorized and empowered to execute and deliver in the name of and on behalf of
the Company any and all documents that may be required to effectuate (i) the sale
and conveyance of any real property improved with housing (attached or detached
and including, without limitation, townhomes), owned by the Company; (ii) the
conveyance of common areas or areas designated as reserves, conservation
easements, green space, or other terms of similar meaning, to political
subdivisions, homeowners associations or other similar entities, which areas are
-4-
owned by the Company; (iii) the sale and conveyance of any other real property
owned by the Company to the extent that such sale and conveyance has been
authorized in writing by, or the contract obligating the Company to sell the same
has been executed by, any one or more of the Authorized Officers, including, but
not limited to, closing statements and other documents similar thereto, affidavits,
other agreements contemplated by the sale contract and other certifications as
may be required at the Company's closings, but in any event not including deeds;
and (iv) such other acts and things that may be necessary, convenient or
appropriate to effectuate and carry out each and all of the transactions
contemplated by this resolution;
FURTHER RESOLVED, that the Senior Vice President, Region President, and
the Area President be, and each of them, acting individually, hereby is, authorized
and directed to submit to any one or more of the Authorized Officers from time to
time a list of employees or legal professionals in the geographic area of
responsibility of such Region President, or Area President to represent the
Company at closings wherein the Company is selling, transferring, and/or
delivering parcels of real property in the ordinary course of its business; and
FURTHER RESOLVED, that such employees of the Company or legal
professionals who have been or hereafter are recommended by the Senior Vice
President and Region President, or the Area President in the manner set forth in
the immediately foregoing resolution and who are approved in writing by any one
or more of the Authorized Officers be, and each of them, acting individually,
hereby is, authorized and empowered for and on behalf of the Company: (i) to
execute and acknowledge closing statements and other documents similar thereto,
including, but not limited to, affidavits, the FHA/VA Amendatory Clause and
Real Estate Certification addendum, and other certifications as may be required at
the Company's closings and that may be necessary and proper to effectuate the
expedient sale or transfer by the Company of parcels of real property; (ii) to
receive on behalf of and in the name of the Company the consideration paid in
connection with each and all of the transactions contemplated by this resolution;
and (iii) to do such other acts and things (other than executing deeds) that may be
necessary, convenient or appropriate to effectuate and carry out each and all of the
transactions contemplated by this resolution; provided, however, that if any
employee or legal professional so approved shall no longer be employed by the
Company, or the authority of such employee or legal professional shall be
rescinded in writing by any one or more of the Authorized Officers, then the
authorization heretofore granted such employee or legal professional shall expire
and terminate on the date of such termination of employment or rescission of
authority and such person shall in no way be authorized or empowered to act on
behalf of or to represent the Company thereafter.
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Development of Real Properly
Miscellaneous
RESOLVED, that the Authorized Officers, the Senior Vice President and Region
President, the Area President, and the Vice President, Land Acquisition be, and
each of them, acting individually, hereby is, authorized and empowered to execute
and deliver in the name and on behalf of the Company: (i) any and all documents
that may be required to effectuate the recording of a final plat of real property,
including, but not limited to affidavits, easements, zoning/variance requests and
other documents similar thereto, that may be necessary and proper to effectuate
the recording of the final plat or otherwise develop real property for the purpose
of constructing housing thereon; and (ii) to do such other acts and things that may
be necessary, convenient or appropriate to effectuate and carry out each and all of
the transactions contemplated by this resolution; and
FURTHER RESOLVED, that the Authorized Officers, the Senior Vice President
and Region President, the Area President, and the Vice President, Land
Acquisition be, and each of them, acting individually, hereby is, authorized and
empowered to execute and deliver in the name of and on behalf of the Company
any and all documents that may be required to effectuate contractor/owner
development contracts and development agreements and other documents with
utility companies and with various governmental municipalities, including
without limitation tap agreements and temporary construction easements, and to
do such other acts and things that may be necessary, convenient or appropriate to
effectuate and carry out each and all of the transactions contemplated by this
resolution.
RESOLVED, that any one or more of the officers (including without limitation
the Assistant Secretaries) of the Company be, and each of them, acting singly,
hereby is, authorized and empowered to countersign or attest any and all
documents executed by another authorized officer of the Company as may be
required to effectuate the sale or conveyance of any real or personal property
owned by the Company or to effectuate the lease, option to purchase or purchase
of improved real property, land or lots, or personal property by the Company;
FURTHER RESOLVED, that each document of sale, purchase or conveyance to
be executed by the Company shall require the signature of only one of the officers
of the Company authorized herein to execute such document, except as may
otherwise be required by law;
FURTHER RESOLVED, that the authority granted hereby to each officer named
herein (i) shall be effective only so long as he or she remains in at least one of the
offices of the Company indicated herein or hereafter with respect to such
individual and (ii) shall be effective for such officer's successors as elected from
time to time until superseded by resolution of the Management Committee of the
Company; and
FURTHER RESOLVED, that the foregoing resolutions shall replace and
supersede all resolutions previously adopted with respect to the authority of
officers of the Company in connection with the matters governed thereby.
IN WITNESS WHEREOF, the undersigned, being all of the members of the
Management Committee, hereby indicate in writing their authorization and approval of, and
consent to, the foregoing actions and resolutions without a meeting, to be effective as of the date
first set forth above.
Z
R bert H. Schottenstein
1A6e?, Ole
J. Thomas Mason
-7-
Phillip G. Creek