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HomeMy WebLinkAboutNCC224083_FRO Submitted_20221220DURHAM COUNTY lip 1881 Durham City/County Sedimentation and Erosion Control JCN (Office Use Only) FINANCIAL RESPONSIBILITY/OWNERSHIP FORM 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: Welcome Venture Park Mass Grading Plans 2. Road location of land -disturbing activity: 1225, 1507, and 1539 Hamlin Road, Durham, NC 27704 Tax Map - Block - Parcel: 196822, 160404, and 169156 PIN: 0833-98-68-0826, 0843-09-55-1980, 0844-10-23-3157 Square footage of land to be disturbed or uncovered: 117 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): Welcome Venture Park, LLC Name 5858 Westheimer Road, Suite 800 Address Houston TX 77057 City State Zip 713.952.7000 tkakambouras@welcomegroup.com 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. Welcome Venture Park, LLC Name 5858 Westheimer Road, Suite 800 Street Address Houston TX 77057 City State Zip 713.952.7000 tkakambouras@welcomegroup.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. ■ Inspect, maintain and repair sedimentation and erosion control measures, especially after rainfall events. ■ Refer to Section 12.10.413 of the Durham City/County UDO for groundcover time line requirements. ■ Plan and conduct all land -disturbing activity so as to prevent off -site sedimentation. 120 E. Parrish Street, Law Bldg., V Floor, Durham, N.C. 27701 • (919) 560-0735 • Fax (919) 560-0740 www.dcone.gov/index.aspx?page=180 6. For business applicants, list below the North Carolina registered agent for the financially responsible entity: CT Corporation System Name 160 Mine Lake Court, Suite 200 Street Address Raleigh NC 27615 City State Zip 919.944.4780 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. y 19 Zp '� Welcome W. Wilson, Jr. Date 7 Type or Print Name 713.952.7000 President and CEO Telephone .com Email Fax Title or Signature Business Applicant ( Provide corporate resolution on si *naton authvriiN a Notary Public of the County of 1 lad,�_rlr ' J State of V�+ hereby certify that Q, l %DVl j _ W d NY1 , r personally came beforemee this day and acknowledged that he is R 51 cl� = G U of W Q,I CAIM���Q.Yt�W U M(VL, LL4d acknowledged, on behalf of +h m 1'YLC� 1. YI,-i'W�(� V k, Lc/ the due execution of the foregoing instrument. ial seal, this I q lb- day of , 20 d'O— �ApY a� SHAUNA L. JONES ID #128831932 My Commission Expires ary Public a December 19, 2023 AP � Individual Applicant I, State , a Notary Public of the County 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 _ My commission expires day of Notary Public 20 LAND DISTURBING PERMITS ARE NON -TRANSFERABLE 20 WELCOME VENTURE PARK, LLC WRITTEN CONSENT OF SOLE MEMBER IN LIEU OF AN ORGANIZATIONAL MEETING October 28 , 2021 Pursuant to the provisions of the Delaware Limited Liability Company Act, the undersigned, being the sole member (the "Member") of WELCOME VENTURE PARK, LLC, a Delaware limited liability company (the "Company"), does hereby consent to the adoption of the following resolutions, in lieu of an organizational meeting of the Members of the Company, the call and notice of which is hereby expressly waived: Certificate of Formation WHEREAS, the Company's Certificate of Formation was filed with the Secretary of State of the State of Delaware on October 28, 2021, and a filed copy of the Certificate of Formation has been returned to the Company by the Secretary of State of the State of Delaware; NOW, THEREFORE, BE IT RESOLVED, that the filed copy of the Certificate of Formation be inserted into the minute book of the Company. Company Records RESOLVED, that the Company shall maintain, as part of its company records, a minute book that shall include, but that shall not be limited to, records of the Company's Certificate of Formation and amendments thereto, its Limited Liability Company Agreement (the "Company Agreement') and amendments thereto, minutes of all meetings of its members, the time and the place of each such meeting, whether the meeting was regular or special, the manner in which the meeting was authorized, the notice given, the names of those present or represented at the meeting, and the proceedings of each meeting; and FURTHER RESOLVED, that the Secretary or Assistant Secretary of the Company are directed to procure such a minute book and such other hooks and records as may be required by the Company. Adoption of Limited Liabifty Com anti Agreement RESOLVED, that the form of Company Agreement presented to the Member for review be, and it hereby is, approved and adopted as the Company Agreement of the Company; and FURTHER RESOLVED, that the President or Secretary of the Company are directed to certify a copy of the Company Agreement and insert it in the minute book of the Company, and maintain it in the principal office of the Company, open for inspection by the Member at all reasonable times during office hours. Election of Officers RESOLVED, that the following named persons be, and each person hereby is, elceted to the offices 00380210001912994934.1 set forth opposite his or her name, to serve until his or her successor is duly elected and qualified; Welcome W. Wilson, Sr. Welcome W. Wilson, Jr. Craig G. Wilson Chairman of the Board President, Chief Executive Officer, and Assistant Secretary Chief Operating Officer, Executive Vice President, and Secretary FURTHER RESOLVED, that the officers are empowered to carry out the day-to-day business of the Company, subject to the direction and control of the Member. Licenses and Tax Permits RESOLVED, that the officers of the Company be, and hereby are, authorized and directed to obtain, in the name of the Company, such licenses and tax permits as may be required by any applicable federal, state, county, or municipal governmental statute, ordinance, or regulation for the conduct of the business of the Company within any jurisdiction in which the Company shall have qualified to do business. Payment Or anization Fee RESOLVED, that the officers are hereby autborized to pay all fees and expenses incident to and necessary for the organization of the Company. Banking Authority RESOLVED, that the President and the Executive Vice President of the Company be, and each of them hereby is, authorized and directed to execute and deliver such form resolutions of any state or national banking institution (the "Bank") that such officer of the Company may select, as may be required to establish whatever checking accounts such officers of the Company shall deem necessary and appropriate; FURTHER RESOLVED, that the form resolutions of the Bank be incorporated herein for all purposes and be ratified and approved as the official banking resolutions of the Company; and further resolved that those persons designated as signatories of the accounts set out on the form resolutions are hereby approved; FURTHER RESOLVED, that the President and the Executive Vice President of the Company be, and each of them hereby is, authorized to certify to the Bank that these resolutions have been duly adopted and to verify to the Bank the names and specimen signatures of the persons authorized hereby to sign, and if and when any new person is elected, to verify the fact of the change and the name and specimen signature of the new person; and FURTHER RESOLVED, that this resolution and the form resolutions to which it is applicable shall continue in full force and effect until official written notice of the rescission thereof by the officers of the Company has been given to the Bank. ualification in Other Jurisdictions RESOLVED, that in any state of the United States or any foreign country in which the Member shall have determined it necessary or appropriate for the Company to qualify to do business, the officers of 2 the Company shall be, and each of them hereby is, authorized and directed on behalf of the Company to make and file such certificates, reports, or other instruments as may be required by the law of such jurisdiction to be filed for that purpose; and FURTHER RESOLVED, that the officers of the Company are hereby authorized to pay all fees and expenses incident to and necessary for the qualification of the Company to do business in any state or foreign country. General Authority RESOLVED, that the Member and the officers of the Company be, and each of them hereby is, authorized to do any and all acts and things and to execute any and all agreements, consents, and documents as in their opinion, or in the opinion of counsel to the Company, may be necessary or appropriate in order to carry out the purposes and intent of any of the foregoing resolutions. (Skn ature Page Follows) EXECUTED by the undersigned to be effective as of the latest date first set forth above. SOLE MEMBER: WELCOME INDUSTRIAL, LLC, a Texas limited liability company Welcome W • Wilson, Jr., President and Chief Exec-ttive Offw c�) Signature Page Welcome Venture Park, LLC j Organizational Consent 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. " �lv ( e[ , Z 0 Z Z-- Welcome W. Wilson, Jr. Date Type or Print Name 713.952.7000 President and CEO Telephone Fax Title or Authori wwilsonjr@welcomegroup.com Email Signatur Business Landowner (Provide corporate resolution on signatory authority I. LjWILS , a Notary Public of the County of 1_ S State of PgA S , hereby certify that WW.I. u mt, W 1, s m . J r. personally came be1f�re a this day and acknowledged that he is of Aft u �iQ. �il GVYIr- d acknowledged, on behalf of JAU1 �1(,%1. /L( P� the due execution of the foregoing instrument. my jse1,this day of , 20ID #1288317Expires My Commissio December 19N tary Public 12 My commission expires / , 201. Individual Landowner I, State of a Notary Public of the County 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 My commission expires day of Notary Public 20 20 SE-03 Rev. 10/13