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HomeMy WebLinkAboutSW8040509_HISTORICAL FILE_20160513 STORMWATER DIVISION CODING SHEET POST—CONSTRUCTION PERMITS PERMIT NO. SW8 0`40S 00\ DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS © HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2c,►� os13 YYYYMMDD PAT MCCRORY Governor r'a DONALD R. VAN DER VAART secrelnry Energy,Mineral and Land Resources TRACY DAVIS ENVIRONMENTAL QUALITY Direcror May 13,2016 Mr. John Illuzzi, Member GRE.V Wilmington, LLC 101 Park Avenue, Suite 2602 New York,NY 10178 Subject: Name/Ownership Change State Stormwater Management Permit No. SW8 040509 The Park at Three Oaks New Hanover County Dear Mr. I]Iuzzi: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality(DWQ)to the Division of Energy, Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit. Additionally, the department changed from the Department of Environment and Natural Resources (DENR)to the Department of Environmental Quality (DEQ). On April 4, 2016,the Division of Energy, Mineral and Land Resources (DEMLR) received a permit Name/Ownership Change Form from Three Oak Property, LLC for the subject project. A file review and site inspection was performed on May 13, 2016 by DEMLR staff and as noted in the enclosed inspection report,the site is currently in compliance with the terms and conditions of the current state stormwater permit. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form,you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that permit SW8 040509 has been transferred on May 13, 2016 and to remind you that this permit shall be effective until May 20,2018. For your records, please find enclosed a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on April 4, 2016. j This permit is subject to the conditions and limitations as specified in the transferred and re-issued permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system,to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts,requirements,or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center, Raleigh,NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. Stale of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 127 Cardinal IDiYe Extension I Wilmington,NC 29405 910 796 7215 T 1 910 350 2004 F I htro'/loortal nedenr orgLwcb/Ir/ State Stormwater Permit No. SW8 040509 Page 2 of 2 ' If you have any questions, need additional copies of the permit or approved plans,please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at(910) 796-7331. Sincerely, goa racy Davis- Y.E., Director Division of Energy, Mineral and Land Resources GDS/kpj: \\\Stormwater\Permits & Projects\2004\040509 HD\2016 05 permit 040509 cc: Mr. Thomas Tucker, Manager(previous permittee) 1630 Military Cutoff Rd, Wilmington,NC 28403 Wilmington Regional Office Stormwater File I 2 State Stormwater Management Systems Permit No. SW8 040509 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO GRE JV Wilmington, LLC The Park at Three Oaks New Hanover County FOR THE construction, operation and maintenance of 2 infiltration basins in compliance with the provisions of I SA NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 20, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS l. This permit is effective only with respect to the nature and volume of stormwater ' described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 270,064 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated in this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded casements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. A permit modification must be submitted and approved prior to the construction of additional built-upon area from outside of the approved drainage area. 3 State Stormwater Management Systems Permit No. SW8 040509 DIVISION OF ENERGY, MINERAL AND LAND RESOURCES PROJECT DESIGN DATA SHEET Receiving Stream/River Basin: Pages Creek / Cape Fear Stream Index Number: 18-87-22 Classification of Water Body: "SA" Basin 1 Basin 2 Drainage Area, acres: 5.47 4.12 Onsite, sq. ft.: 231,754 17%450 Offsite, sq. ft.: 6,500 0 Total Impervious Surfaces, sq. ft.: 154,550 115,514 Buildings, sq. ft.: 48,550 50,314 Parking, sq. ft.: 85.000 50,200 Sidewalks, sq. ft.: 14.500 15,000 Offsite, sq. ft.: - 6,500 0 Basin Depth, feet: 2.9 2.9 Bottom Elevation, FMSL: 19.0 19.0 Bottom Surface Area, ftz: 5,484 3,620 Permitted Storage Volume, ft3: 21,936 16,162 Temporary Storage Elevation, FMSL: 21.9 21.9 Seasonal High Water Table Elev.: 17.0 16.33 Type of Soil: Gray Sand Gray Sand 4 State Stormwater Management Systems Permit No. SW8 040509 11. SCHEDULE OF COMPLIANCE l. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure_ the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5 State Stormwater Management Systems Permit No. SW8 040509 9. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 11. At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DEMLR and provide the name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 12. The permittee must maintain compliance with the proposed built-upon area and ensure that the runoff from all the built-upon is directed into the permitted system. 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 14. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Energy, Mineral and Land Resources, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The per nittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DEQ Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6 State Stormwater Management Systems Permit No. SW8 040509 7. Unless specified elsewhere; permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit transferred and re-issued this the 13" day of May 2016 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION � .-,Tracy D is, P.E.. Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission 7 State Stormwater Management Systems Permit No. SW8 040509 The Park at Three Oaks Stormwater Permit No. SW8 040509 New Hanover County Designer's Certification 1, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date 8 State Stormwater Management Systems Permit No. SW8 040509 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDEQ-DEMLR Regional Office New Hanover County Building Inspections 9 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: swa 040509 2. Project Name: The Park at Three oaks 3. Current Permit Holder's Company Name/Organization: Three oak Property,LLC 4. Signing Official's Name: Thomas N.Tucker Title: Manager 5. Mailing Address: 1630 Military Cutoff Road City. Wilmington State: NC Zip: 2tuo3 6. Phone: 910 256-0021 Fax: U II. PROPOSED PERMITTEE / OWNER / PROJECT/ ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address /phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: GRE Jv WILMINGTON,LLC 2. Proposed permittee's signing official's name: John Illuzzi 3. Proposed permittee's title: Principal 4. Mailing Address: 101 Park Avenue, Suite 2602 City: New York State:NY zip: 10178 Phone: 2( 12 ) 922-0222 Fax: ( 212 ) 922-2121 5. New Project Name to be placed on permit: The Park at Three Oaks Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain Stormwater system features. Print name of HOA or POA in#1 above and provide name of HOA/POA's authorized representative in#2 above) Z The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) ECIEI E SSW N/O Change Rev24Sept2012 Page 1 of 4 APR 0 4 2016 BY: III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. 7 Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. 1,Thomas N.Tucker, Manager of Three Oak Property, LLC , the current permittee, am submitting this application for a transfer of ownership for permit # sws 040509 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as-built plans, the approved operation and maintenance agreement, past maintenance records, anrarAurn'bt6Nip"14ie @@fi�bb stormwater inspection report to the proposed permittee named in Sect@fi r . I further attest that this application for a name/ownership change is accmplete t t e best of my knowledge. I understand that if all required parts of this applicati if all required supportinglpformation and attachments listed above are not i applica n package will be returned as incomplete. I assign all rights and obligationgyas permit_Lee to rhP proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Three 017 erty, LLC/Q/yam Signature: By: C/Xzn� -4ri�� Date: T as .Tucker, anager I, N cA l I t A W 1 i1 l I rots , a Notary Public for the State of N0 w yI 1 r & County of Kk&/ Hanony , do hereby certify that TkpmA.s N. 7ytt_kt v personally appeared before me this the 23 rQ day of 04AYr'.t�1 2016, and acknowledetus„� ecution of the f ing instrument. Witness myhand and official seal, ta f 2 Q.�tl �j/UdAiYLt� ? NOTARY m JNotaty Signature k,o PUBoo ro SSW N/O Change Rev24Sept2012 Page 2 of 4 y'4Va%tn co') �rnaroa�ana` V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 1,_John Illum,Principal of GRE JV Wilmington LLC , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) ethe most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements the DWQ approved plans and/or approved as-built plans ® the approved operation and maintenance agreement Bpast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. GRE ngton Signature: Date: 3�25 moo/G John lllu ni apa T) \, O\rrn a Notary Public for the State of County of Oaf k , do hereby certify that ZZzl personally appeared before me this the 2 day of (XN CYl , 20 1 6, and acknowledge the due execution of the forg g..eM instru nt. Witness m hand and official seal, � nn (NotaRgnBtgWpNPY Notary Signature Notary Public•Slate of New York N0:r:.. :01 DIS332902 Qualified In New,York County My Commission Expires Nov 9.2019 Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee/developer and the property owner will appear on the permit as permittees. ECEIVE APR 0 4 2016 SSW N/O Change Rev24Sept2012 Page 3 of 4 BY: PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If t Proposed Permittee listed in Sections 1/and V of this form is not the Property Owner, e Pro Owner must provide his/her Contact Information below and sign this form: Printed me: Organizati Title within th rganization: Street Address: City:. State: Zi . Mailing Address: (a di rent from street address) City: State: Zip: Phone: Fax: Email: I certify that I own the property id tified in this permit transf document and have given permission to the Proposed Permittee listed in ections II and V to de op and/or, lease the property.'A copy of the lease agreement or other cont ct, which indicates a party responsible for the construction and/or operation and maintenance of t stormwater sy em, has been provided with the submittal. As the legal property owner I acknowledg underst d, and agree by my signature below, that I will appear as a permittee along with the lesse eves er and I will therefore share responsibility for compliance with the DWO Stormwater permi As a property owner, it is my responsibility to notify DWO by submitting a completed Name/Own p Change Form within 30 days of procuring a developer, lessee or purchaser for the prope . understand that failure to operate and maintain the stormwater treatment facility in accordance h permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appr riate a orcement action including the assessment of civil penalties of up to $25,000 per day, p suant to GS 143-215.6. Signature of the property owner Date: I, a Notary Public for the State of County of , do hereby certify that personally app red before me this the day/Whess 20_, and ackno edge the due execution of the forgoing instrumen my hand and official seal, otary Seal) Notary Signatur ECEIV SSW N/O Change Rev24Sept2012 Page 4 of 4 APR 0 4 2016 BY: Compliance Inspection Report Permit: SW8040509 Effective: 02/18/13 Expiration: 05/20/18 Project: The Park at Three Oaks Owner: Three Oak Property LLC County: New Hanover Adress: 7750 Market St Region: Wilmington City/State/Zip: Wilmington NC 28411 Contact Person: Thomas N Tucker - Title: Manager Phone: 910-256-0021 Directions to Project: The site is located approximately 4.6 miles north east from the intersection of US Hwy 17/Market Street and US Hwy 74/ Eastwood Road Type of Project: State Stormwater-Infiltration System Drain Areas: 1 -(Pages Creek) (03-06-24)(SA;HQW) 2- On-Site Representative(s): Related Permits: Inspection Date: 05/13/2016 Entry Time: 12:30PM Exit Time: 01:OOPM Primary Inspector: Kelly Johnson Phone: 910-796-7331 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: Compliant ❑ Not Compliant Question Areas: ® State Stormwater (See attachment summary) page: 1 Permit: SW8040509 Owner-Project: Three Oak Property LLC Inspection Dale: 05/13/2D16 Inspection Type Transfer Renewal Reason for Visit: Routine File Review Yes No NA NE Is the permit active? ® ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ® ❑ ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? ® ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? Is ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ® ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? ® ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? Is ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ 1:119 DWQ upon request? Comment: page: 2 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Three Oak Property, LLC. SECRETARY OF STATE ID NUMBER: 0686531 STATE OF FORMATION: INC riling Offlce Use Only E-Filed Annual Report 0686531 REPORT FOR THE YEAR: 2016 CA201611101120 4/20/2016 02:01 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: Sweyer, Richard D. 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS 1612 Military Cutoff Rd 1612 Military Cutoff Rd, Suite 303 Wilmington, NC 28403-5743 New Hanover County Wilmington, NC 28403-5743 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Apartment Ownership 2. PRINCIPAL OFFICE PHONE NUMBER: (910)256-3031 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 1612 Military Cutoff, Suite 303 1612 Military Cutoff Wilmington, NC 28403-5743 Wilmington, NC 28403-5743 SECTION C: COMPANY OFFICIALS(Enter additional Company Officials in Section E.) NAME: Sweyer Investments, LLC NAME: Tucker Inc NAME: M & John Properties LLC TITLE: Manager TITLE: Manager TITLE: Manager ADDRESS: ADDRESS: ADDRESS: 1612 Military Cutoff 1612 Military Cutoff 1835 Middlesound Loop Rd Wilmington, NC 28403 Wilmington, NC 28403 Wilmington, NC 27411 SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity. Sweyer Investments, LLC, by Richard D Sweyer- Merr 4/20/2016 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of this form. Sweyer Investments, LLC, by Richard D Sweyer- Merr Manager Print or Type Name of Company Official Print or Type The Title of the Company Official MAIL TO:Secretary of State. Corporations Division, Post Office Box 29525, Raleigh,NC 27626-0525 SECTION E: ADDITIONAL COMPANY OFFICIALS NAME: Tom Tucker NAME: NAME: TITLE: Manager TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 1612 Military Cutoff Wilmington, NC 28403 NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: Name: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: SOSID: 0590849 Date Filed: 2/1/2016 11:59:00 PM 0 BUSINESS CORPORATION ANNUAL REPO Elaine F.Marshall North Carolina Secretary of State NAME OF BUSINESS CORPORATION: Tucker, Inc. CA2016 032 01950 SECRETARY OF STATE ID NUMBER: 0590849 STATE OF FORMATION: NC 2009- REPORT FOR THE FISCAL YEAR END: 2014 _ SECTION A:REGISTERED AGENTS INFORMATION Charges 1.NAME OF REGISTERED AGENT: Thomas N.Tucker 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS 315 Friday Dr. 315 Friday Dr. Wilmington NC 28411 New Hanover Wilmington,NC 28411 SECTION B:PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2.PRINCIPAL OFFICE PHONE NUMBER: (910)538-5719 3.PRINCIPAL OFFICE EMAIL: bltuckerl00@gmail.com 4.PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS 315 Friday Dr. 315 Friday Dr. Wilmington NC 28411 New Hanover Wilmington,NC 28411 SECTION C:OFFICERS(Enter additional officers in Section E.) NAME: Thomas N. Tucker NAME: NAME: TITLE: President TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 315 Friday Dr. Wilmington,NC 28411 NEW HANOVER SECTION D:CERX14TION OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business entity. 1-21/16 SIGNATURE DATE Farr must be signed by an orrice listed under Section C of this form Thomas N Tucker President Prkd or Type Name of Orlkar Print m Type Tiba of Oahe SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF M 2IR MAIL TO:Seaelary of Slab, CorporationsDivision, Post Ogee Box 29525, Raeph,NC 276264US �� 4 Casmer, Jo From: Casmer, Jo Sent: Wednesday,April 13, 2016 4:28 PM To: 'audrey(d leelawrirm.com' Subject: The Park at Three Oaks; Stormwater Permit SW8 040509 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) received the Stormwater Permit Ownership Transfer documents on April 4, 2016. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Jo Casmer Administrative Assistant for DEMLR/Stonnwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance& Customer Service 910 796-7336 office 910 350-2004 fax 0o.casmeancdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 - �Nothtnq Compares---, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Completeness Review Checklist Project Name: C( _,� Received Date: r Z.4<p Project Location: Accepted Date: r Rule(s) F-12008 Coastal ®1995 Coastal ®Phase II (WiRO.) ®Universal ®1988 Coastal Type of Permit: New or Mod or PR Existing Permit#(Mod or PR): L f pip Cert on File? Density: HD or LD Type: Commercial or Residential ®NCG: %: (%OK?) Stream Class: ®SA Map ®Offsite to SW8 Subdivided?: Subdivision or Single Lot ORW Map Exempt Paperwork Emailed Engineer on: ®Supplement(s) (1 original per BMP.) BMP Type(s): ®0&M,with correct/original signatures (1 original per BMP except LS/VFS and swales) ffJAf-p'1'jcation with correct/original signatures eed ®Corp or LLC: Sig. Auth. per SoS or letter ®Email Address: Design Engineer ®$505 (within 6mo) ®Email Address: Owner ®Soils Report with SHWT �fS(=�2, Note to R 'eWer: ®Calculations(signed/sealed) Y C� No obvious errors ®Density includes common areas, etc �� ®Deed Restrictions, if subdivided: ®Signed & Notarized ®Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. Plans El Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ®Grading ®Wetlands: Delineated or No Wetlands ®Vicinity Map ®Layout(proposed BUA dimensions) Legend ®DA MapsProject Boundaries Infiltration Wet Pond Offsite Soils Report ®Soils Report ®PE Cert for Master Lot#: SHWT: SHWT: ®Deed Rest for Master ®Lot#Matches Master Bottom: ®PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA(sf) DA (sf) PP (el) SHWT(el) Depth (ft) SA(sf) I Lee LAw F I RM PLLC April4, 2016 ��-++ `,CCG E EI V HAND-DELIVERY APR 0 4 2016 Georgette Scott J State Stormwater Program Supervisor BY: ----- Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: The Park at Three Oaks - GRE JV Wilmington, LLC Dear Georgette: It was a pleasure speaking with you last week. As discussed, please find enclosed the original executed Stormwater Permit Name/Ownership Change Application as well as the supporting documents for the above-referenced matter as follows: • Consent of The Members of GRE JV Wilmington Investor GP LLC; • NC Secretary of State Certificate of Authorization; • Special Warranty Deed Three Oak Property, LLC; and • Special Warranty Deed Ogden 12 Properties, LLC As you mentioned in your email of March 29, 2016, the first transfer fee is free, so you will not require the $40.00 fee. Should you need further information or have any questions, please feel free to contact me. Best Regards, LEE LAW FIRM, PLLC Audrey M. Roman Paralegal Encl. 1427 Military Cutoff Road-Suite 208 1 Post Office Box 4548 (28406) Wilmington,NC 1 28403 O: 910.399.3447-F: 910.338.9162. 1 www.Lcel-awl"irm.com I Attorneys and Counselors at Law Book 5958 Page 1890 BK: RB 5958 PG: 1890.1894 RL FEE Sib W 2f116008917 RF.LORDF.o 03W2016 NEW HANOVER COUNTY, RESTATE TAMMY THELISCH BEASLEY 12:68:26 PM EXTX$33211,00 REGISTER OF DEEDS W.Ar.'IXtEa CRESY.ELL A33*TANT ELECTROMCA11Y RECORDED ECEIVE APR 0 4 2016 SPECIAL WARRANTY DEED Excise Tax: $33,211 Tax Lot No. Parcel Identifier No. CV Cp-0 5—amp Do0 Verified by County on the_day of 2016 By: ?.VWA40: FirsiAmericari Title Insurance Co. 201 S. College Street, Suite 1440 Charlotte, NC 28244 This instrument was prepared by: Matthew S. Cunningham,Esq. Brief Special Warranty Deed Description for the index ILlZZ33 THIS DEED made the U day of�� 2016 by and between GRANTOR GRANTIT THREE OAK PROPERTY, LLC, a GRE JV Wilmington LLC, a North Carolina limited liability company Delaware limited liability c/o Sweyer Property Management company 1612 Military Cutoff Road, Suite 200 c/o Gamma Real Estate IAX Wilmington,North Carolina 28403 101 Park Avenue, Suite 2602 NewYork,NY 10178 Enter in appropriate block for cacti party:name,address,:nld,if appropriate,character of entity,e.g.,corporation or pminersh ip. Submitted electronically by "Wyatt Early Harris wheeler LLP" in compliance with North Carolina Statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. 33190,u v, t Book 5958 Pagc 1891 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular; plural, masculine, feminine or neuter as required by context. WITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and made a part hereof. The property hereinabove described was acquired by Grantor by instrument recorded in Book Page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through Grantor,except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Those matters set forth on Exhibit B attached hereto and made a part hereof. The above described property does X does not include the primary residence of the Grantor. [Signature Page to Follow.] 3319070M Book 5958 Page 1892 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer, the day and year first above written. GRANTOR: THREE OAK PROPERTY,LLC, a North Carolina limited liability company By: Sweyer Investments,LLC, Manager B (� �� y: .� R. David Sweyer,Manager STATE OF NORTH CAROLINA COUNTY OF 0cr,j !-"yve.X certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: R • myl D S"JL✓ Witness my hand and official stamp orn seal, �this "the Lroday' /of'�, p{Y,� �t , 2016. My commission expires: �/ Lryt,ba wV1MlS/WtC/ Notary Public I.r) Bn .n tKint TAotary Name: NLkj l i C {A VJ 1 li A nS A. 2 NOTAq'y pUsur- 6 � q 2 yo"^ymn„0 nw"m 3319070.0 Book 5958 Page 1893 Exhibit"A" Legal Description of the Land Situated in the County of New Hanover, State of North Carolina and being all that lot or parcel of land with improvements thereon and appurtenances thereto, which is more particularly described as follows: Being all of Tract"A"as shown on map of Three Oaks Division recorded in Map Book 47, Page 42, New Hanover County Registry, reference to said map being hereby made for a more particular description. 3319o70.v1 Book 5958 Page 1894 Exhibit"B" Permitted Exceptions 1. Real Property taxes and assessments for 2016 and subsequent years,which are not yet due and payable. 2. Easements as shown on plat recorded in Map Book 47, Page 42,New Hanover County Registry. 3. PAsement to Carolina Power&Light Company recorded in Book 954, Page 502,New Hanover County Registry. 4. Easement to BellSouth Communications, Inc.,recorded in Book 4638, Page 309,New Hanover County Registry. 5. Easement to Progress Energy Carolinas, Inc.,recorded in Book 4696,Page 160,New Hanover County Registry. 6. Easement(s)described in Conveyance to New Hanover County Water and Sewer District recorded in Book 5065,Page 2204,New Hanover County Registry. 7. Easement(s)described in and other terms and provisions of Easement and Memorandum of Agreement with Time Warner Entertainment-Advance/Newhouse Partnership,d/b/a Time Warner Cable, recorded in Book 5738,Page 2921, New Hanover County Registry. 8. Easement(s)described in Deed of Easement to New Hanover County Water and Sewer District recorded in Book 5289, Page 1785,New Hanover County Registry. 9. Rights of those parties in possession as tenants only,under unrecorded leases(s),with no rights of first refusal or options to purchase. 3319070M Book 595e Page 1095 BK: RB 5958 PG: 1895-1899 NC FEE Y2500 RECORDE D 2016008918 03/3012016 NEW HANOVER COUNTY, REAL ESTATE TAMMY THELISCH BEASLEY 12:58:28 PM EXTX S1107I Do REGISTER OF DUOS BY:PNDRE4 CRESWELL ASSISTANT ELECTRONICALLY RECOROM SPECIAL WARRANTY DEED Excise Tax: $11,071 Tax Lot No. Parcel Identifier No.R V NOW-ODb- )--11-000 Verified by County on the_day of ,2016 By: Rourn4v 1 First American Title Insurance Co. 201 S. College Street, Suite 1440 This instrument was prepared by:Matthew S. Cunningham,Esq. Charlotte, NC 28244 Brief Special Warranty Deed Description for theindex 7�'ZZ33 THIS DE17D made the 23 day of�n 2016 by and between GRANTOR GRANTFF OGDEN 12 PROPERTIES, LLC, a North GRE JV Wilmington LLC, a Carolina limited liability company Delaware limited liability company c/o Sweyer Property Management c/o Gatnma Real Estate LLC 1612 Military Cutoff Road, Suite 200 101 Park Avenue, Suite 2602 Wilmington,North Carolina 28403 New York,NY 10178 Enter in appropriate block for each party:name,address,and,if appropriate,character of entity,e.g.,corporation or partnership. Submitted electronically by "Wyatt Early Harris wheeler LLP" in compliance with North Carolina statutes governing recordable documents and the Lerms of the submitter agreement With the New Hanover county Regis3�r'pf.gged nEC 3319070,v1 APR 0 4 2016 I'r Y:--- Book 5958 Page 1996 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and made a part hereof. The property hereinabove described was acquired by Grantor by instrument recorded in Book Page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor,except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Those matters set forth on Exhibit B attached hereto and made a part hereof. The above described propclty does X does not include the primary residence of the Grantor. [Signature Page to Follow] 3319070.v1 Book 5958 Page 1897 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer, the day and year first above written. GRANTOR: OCDEN 12 PROPERTIES,LLC, a North Carolina limited liability company // — By: 1 ���._._. R.David Sweyer, ManakV STATE OF NORTH CAROLINA COUNTY OF Nt°N NdA oV-e k' I certify that the following person(s) personally appeared before me this day, each acknowledging tome that he or she signed the foregoing document: 2 . DoLVI I) S yVem 2.✓ YO Witness my hand and official stamp or seal, this the day of I��_, 2016. My commission expires: V6l�.{(lt/jW Notary Public (2 .L -1 penawnaay rin[ otaryName:_ t'Awy byj g 2 OUR), a North Carolina limited liability company oR 'Duauc V 13 Y "yFRCoo N� Name: 6p��+unanm"` 3319070M Hook 5958 Page 1899 Exhibit"A" Legal Description of the Land Situated in the County of New Hanover, State of North Carolina and being all that lot or parcel of land with improvements thereon and appurtenances thereto, which is more particularly described as follows: Being all of Tract"B"as shown on map of Three Oaks Division recorded in Map Book 47, page 42, New Hanover County Registry, reference to said map being hereby made for a more particular description. 3319070M Book 5958 Page 1899 Exhibit"B" Permitted Exceptions 1. Real Property taxes and assessments for 2016 and subsequent years,which are not yet due and payable. 2. Easements as shown on plat recorded in Map Book 47, Page 42,New Hanover County Registry, 3. Easement to Carolina Power& Light Company recorded in Book 954,Page 502,New Hanover County Registry. 4. Easement to BellSouth Telecommunications,Inc.,recorded in Book 4638, Page 305,New Hanover County Registry. 5. Easement to Progress Energy Carolinas Inc.,recorded in Book 4696,Page 163,New Hanover County Registry. 6. Rights of those parties in possession as tenants only, under unrecorded leases(s),with no rights of first refusal or options to purchase. 3319070M Scott, Georgette From: Scott, Georgette Sent: Tuesday, March 29, 2016 1:37 PM To: 'Audrey Roman' Subject: RE: Three Oak Property, LLC - Permit#SW8 040509 Audrey, Only changes I see for the application: 1. On page 1, #5 check the box for property owner instead of purchaser. Send us the recorded deed with GRE JV Wilmington, LLC on deed instead of purchase agreement. 2. You must send us legal documentation showing that John Illuzzi has legal authority to sign for GRE JV Wilmington, LLC. 3. We also need the Secretary of State documents showing GRE JV Wilmington, LLC is a legal entity that can conduct business in NC. 4. The first transfer is free so we will NOT need a $40.00 check because this is the first transfer of this permit. There is a PE certification in our file for the infiltration systems and pond so we do not need a copy to go with the transfer. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette.Scott(o)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, INC 28405 -!'"Nothing Compares�,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Audrey Roman [mailto:audrey@leelawfirm.com] Sent:Tuesday, March 29, 2016 10:50 AM 1 Scott, Georgette From: Audrey Roman <audrey@leelawfirm.com> Sent: Tuesday, March 29, 2016 10:50 AM To: Scott, Georgette Cc: Matt Cunningham Subject: Three Oak Property, LLC - Permit#SW8 040509 Attachments: Three Oak Prop Stormwater Permit Ownership Change Form EXEC 03282016.pdf Good Morning Georgette, It was a pleasure speaking with you earlier today.As discussed, please find attached a copy of the fully-executed Stormwater Permit Name/Ownership Change application for the above-referenced permit number. Please review and let me know if there is anything we missed and needs revision. I appreciate you taking the time for this and once we receive a copy of the recorded deed, I will forward the complete application package to your attention. Should you have any questions, please feel free to contact me. Thank you and have a good day. Audrey NI. Roman I'sralccal 1,17.13 LAW FIRM, PLLC 1427 Military Cutoff Road- Suite 208—11013 4548(28406) Wilmington, NC 28403 910.399.3447 Officc 1910.338.9162 Fax f� (�•.� � 2/i5 f3 SOSID: 1491171 Date Filed: 1/13/2016 1:21:00 PM State of North Carolina Elaine F. Marshall North Carolina Secretary of State Department of the Secretary of State C2016 013 00453 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina,the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina,and for that purpose submits the following: 1. The name of the limited liability company is GRE JV Wilmington LLC and if the limited liability company name is unavailable for use in the State of North Carolina,the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is Delaware 3. Principal office information: (Select either a or b.) a. 9 The limited liability company has a principal office. The principal office telephone number: (212)922-0222 The street address and county of the principal office of the limited liability company is: Number and Street: 505 Park Avenue, 18th Floor City. New York State: NY Zip Code: 10022 County: New York The mailing address,ff different from the street address,of the principal office of the corporation is: Number and Street: City: State:_ Zip Code: County: b. ❑The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: National Registered Agents,Inc. 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and Street: 150 Fayetteville Street,Box 1011 City: Raleigh State: NC Zip Code: 27601 County: Wake 6. The North Carolina mailing address,if different from the street address,of the registered agent's office in the State of North Carolina is: Number and Street: City: State: NC Zip Code: County; CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622 (Revised January 2014) (Form L-09) N 714-Ira1a011 Wd K O APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names,titles,and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) Name and 77de Business Address Van Nguyen,Principal 505 Park Avenue, 18th Floor,New York,NY 10022 John Illuzzi,Principal 505 Park Avenue, 18th Floor,New York,NY 10022 8. Attached is a certificate of existence(or document of similar import),duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A photocopy of the certification cannot be accented. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State,a copy of the resolution of its managers adopting the fictitious name is attached. 10.(Optional):Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered,please see the instructions for this document. 11.This application will be effective upon filing,unless a delayed date and/or time is specified: This the I 1 day of January 20 166 GRE JV Wilmington LLC Name of Limited Liability Company ;: Sfgnanire of Companyycldl Type or Print Name and7itle Notes: 1. Filing fee is$250. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622 (Revised January 2014) (Form L-09) Ncwfl -1]11y1011 WNms KNwerOWln NORTH CAROLINA _^ Department of the Secretary of State CERTIFICATE OF AUTHORIZATION (Limited Liability Company) I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify that GRE JV WILMINGTON LLC a limited liability company organized under the laws of Delaware, was authorized to transact business in the State of North Carolina by issuance of a certificate of authority on the 13th day of January, 2016. 1 FURTHER certify that the said limited liability company's certificate of authority is not suspended for failure to comply with the Revenue Act of the State of North Carolina; that the said limited liability company's certificate of authority is not revoked for failure to comply with the provisions of the North Carolina Limited Liability Company Act; and that a certificate of withdrawal has not been issued in the name of the said limited liability company as of the date of this certificate. IN WITNESS WHEREOF, I have hereunto set PARS ■ my hand and affixed my official seal at the City of Raleigh, this 30th day of March, 2016. _t. $ n69Ld� Scan to verify online. o-ouv ww Certification#98319459-1 Reference# 13032175- Page: I of I Secretary of State Verify this certificate online al hltl)://www.sosnc.gov/verification WRITTEN CONSENT OF THE MEMBERS ECEIVE OF GRE JV WILMINGTON INVESTOR GP LLC APR 0 4 2016 Dated March 30, 2016 By:__ The undersigned, constituting all of the members (the "Members") of GRE JV WILMINGTON INVESTOR GP LLC, a Delaware limited liability company (the "Sole Member GP'), the General Partner of GRI? JV WILMING'TON INVESTOR LP, a Delaware limited partnership (the "Sole Member"), the sole Member of GRE JV WILMINGTON LLC, a Delaware limited liability company (the "Borrower'; and together with the Sole Member and the Sole Member.GP, the "GRE JV Parties" and each, a "GRE JV Party"), do hereby adopt the following resolutions in accordance with the Limited Liability Company Agreement of the Sole Member GP, the Limited Partnership Agreement of the Sole Member, the Limited Liability Company Agreement of the Borrower, and the Delaware Limited Liability Company Act and the Delaware Revised Uniform Limited Partnership Act: WHEREAS, the Borrower proposes to enter into the transactions described in Exhibit A hereto (the "Transactions"),- WHEREAS, the Borrower desires to enter into all documents and instruments necessary or desirable to consummate the Transactions, including, without limitation, the documents described on Exhibit A attached hereto (collectively, the "Transaction Documents"); and WHEREAS, the Members deem it advisable and in the best interests of the GRE JV Parties and the Borrower that (i) the Borrower enter into and execute and deliver each of the Transaction Documents to which the Borrower is a party, and (ii) the Borrower enter into and perform the Transactions contemplated by the Transaction Documents and such other transactions in furtherance of the Transactions contemplated by the Transaction Documents. NOW, THEREFORE, BE IT: RESOLVED, that (i) the form, terms and provisions of each of the Transaction Documents and each of the Transactions, and (ii) the performance of the "Transactions by the Borrower or any of the GRE JV Parties, as applicable, in each case are hereby authorized and approved in all respects, with such changes therein and thereto as any of Van Nguyen or John Illuzzi (each, an "Authorized Si.-natory") may approve, and any Authorized Signatory's execution and delivery thereof shall be deemed conclusive evidence of such approval; and FURTHER RESOLVED, that the Borrower is hereby authorized to enter into and execute and deliver each of the Transaction Documents to which the Borrower is a party, and the Borrower is hereby authorized to enter into and perform the Transactions contemplated by the Transaction Documents and such other transactions in furtherance of the Transactions contemplated by the Transaction Documents; and FURTHER RESOLVED, that any Authorized Signatory be, and each of them hereby is, acting singly, authorized, empowered and directed, in the name and on behalf of the Sole Member GP, in the name and on behalf of the Sole Member, in the name and on behalf of the Borrower, (i) to cause the Borrower to enter into and execute and deliver each of the Transaction Documents to which the Borrower is a party, with such changes thereto as any Authorized Signatory may approve, and any Authorized Signatory's execution and delivery thereof shall be deemed conclusive evidence of such approval, and (ii) to cause the Borrower to perform each of its obligations relating to the Transactions; and FURTHER RESOLVED, that all acts, actions and things of any kind previously done or taken by any Authorized Signatory on behalf of the Borrower on or prior to the date hereof, in the name and on behalf of the Borrower in connection with the Transactions or matters contemplated by the foregoing resolutions, are in all respects ratified, approved, confirmed and adopted as the acts and deeds by and on behalf of the Borrower, with the same force and effect as if each such act or thing had been specifically authorized in advance by resolution of the Members; and FURTHER RESOLVED, that the Authorized Signatories be, and each of them hereby is, acting singly, authorized, empowered and directed, in the name and on behalf of the Sole Member GP, in the name and on behalf of the Sole Member, in the name and on behalf of the Borrower, to do or cause to be done all such other acts or things, and to enter into, execute, deliver and perform, or cause to be entered into, executed, delivered and performed, all such other documents. instruments, agreements, amendments, applications, consents, acknowledgments, supplements, notes, undertakings, guarantees, letters of credit, notices, fee letters and other letters, cash management agreements, bank account and other account agreements, financing statements and certificates of any kind and nature whatsoever (collectively, the "Additional Documents"), as any Authorized Signatory may deem necessary or appropriate to effectuate or carry out the purposes and intent of the foregoing resolutions; all such other actions to be performed in such manner, and all such Additional Documents to be executed and delivered in such form, as any Authorized Signatory, acting singly, performing or executing the same shall approve, and any Authorized Signatory's performance of any such other action or the execution and delivery of any such Additional Documents shall be deemed conclusive evidence ol'such approval. lRenrainder of page intentionally left blanAl This Written Consent may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the date first set forth above. MEMBERS: VAN NGUYEN JOHN ILLUZZI EXHIBI,r A TRANSACTIONS 1. Acquisition of certain real property located at 124 Amaryllis Drive in Wilmington, New Hanover County, North Carolina (the "Property"), pursuant to that certain Purchase and Sale Agreement dated as of July 13, 2015, by and between THREE OAK PROPERTY, LLC, a North Carolina limited liability company and OGDEN 12 PROPERTIES, LL,C, a North Carolina limited liability company, as Seller, and GRE ACQUISI"PIONS LLC, a Delaware limited liability company, as Purchaser, as amended, and as assigned to Borrower pursuant to that certain Assignment and Assumption of Purchase and Sale Agreement dated on or about the date hereof. 2. That certain loan (the "Loan") to Borrower in the principal amount of $19,143,300.00 pursuant to that certain Note (Multistate) of even date herewith (as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, the "Note") by Borrower in favor of KEYBANK NATIONAL ASSOCIATION (together with its successors and assigns, collectively, "Lender"), which Loan shall be insured by the SECRETARY OF HOUSING AND URBAN DEVELOPMEN"1- ("HUD"), and which Loan shall be further evidenced by, among other things, that certain U.S. Department of Housing and Urban Development Regulatory Agreement for Multifamily Projects of even date herewith by and between Borrower and HUD (as amended, restated, replaced, supplemented or otherwise modified from time to time, the "Regulatory Agreement') and secured by, among other things, that certain Multifamily Deed of Trust, Security Agreement, Assignment of Rents, and Fixture Piling of even date herewith, given by Borrower to the trustee named therein for the benefit of Lender (as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, the "Security Instrument") encumbering the Property.