NCC242474_FRO Submitted_20240815

DURHAM JCN
COUNTY Durham City/County (Office Use Only)
Sedimentation and Erosion Control
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
O WITH LANDOWNER CONSENT FORM
1881�
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:Dearborn Multifamily Extension: Yes or No
2. Road location of land-disturbing activity:3709 Dearborn Drive
Tax Map-Block-Parcel: 171959 PIN:0833-18-42-1615
3. Square footage of land to be disturbed or uncovered:355.938 SF
4. List below the landowner of record. Each landowner must complete Item 8.
(If there are multiple owners.please list on a separate page):
HENRY SEEMAN POST 2740 VETERANS OF FOREIGN WARS OF THE UNITED STATES, INC.
Name
6-1. ►Jew—�a�r
r dress
City State Zip
[phone] I.coleman8afrontier.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.
LDG Multifamily, LLC
Name
545 South 3rd Street
Street Address
Louisville Kentucky 40202
City State Zip
502-649-0601 Icox(aldgdevelopment.com
Telephone Fax Email
The Sedimentation and Pollution Control Act IAct) 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.
• Provided adequate ground cover or otherwise stabilize all areas that have not been actively graded within 21 calendar
days.
• Plan and conduct all land-disturbing activity so as to prevent off-site sedimentation.
201 E. Main St,5'h Floor,Durham,N.C.27701 •[phone]•Fax[phone]
eW W.eo.durh:uu.ncus/ceng

6. For business applicants,list below the North Carolina registered agent for the financially responsible entity:
Cogency Global Inc
Name
212 S Tryon Street, Ste 1000
Street Address
Charlotte,NC 28281
City State Zip
866-621-3524 [e-mail]
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.
Chris Dischinger
Date Type or Print Name
502-638-0534 Manaciin Member
Telephone Fax or Au ority
IcoxAldgdevelopment.com
Email Signature
001111 llwp0o
Business Applicant(Provide corporate resolution on signatory authority) \\\�.���P,N C ES✓'",,,�i
I, Jill Jones ,a Notary Public of the County of Jefferson 'e•mj7s2o•••• .'y''�
State of Kentucky ,hereby certify that Chris Dischinger - t NOTARY N
N11•:o pUBOG
personally came before me this day and acknowledged that he is Manaaina Member 's y
of LDG Multifamily. LLC and acknowledged,on behalf of LDG Multifamily LLC q..GE.*t,c4
,the due execution of the foregoing instrument. / \
::::::::::::::::: "
ia seal,this 2 ( day of u' 20 z�
/� rotary Pub is
(P. — ,20 14 .
*********************************************************************************************************************************
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 ,20
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 propert\ listed in
Item 2 by the person or entity listed in Item 5.
).a. L l 11. e 13 Larry Coleman
Date Type or Print Name
[phone] Post Commander
Telephone Fax itle or A ority
[e-mail] - SIGN HE
Email • re
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Business Landowner(Provide corporate resolution on signatory authority)
I. T(LW11,1iAW blA.i/t 4.1.-- .allotary Public of the County of (Pe _i(%l/1
State of t\t1.V-lL £1VO14 V1_0 .hereby certify that La114,1 taevytai,,
personally came before me this day and acknowledged that he is G t'L 1 0,t 2 e J l't ?ift.. L,, (�t-'iiyr e
/r / ++ \��ttttttil//
of• DUAL i.l� t v f IA •-1 and acknowledged.on behalf of L"-_ bu,� t �,, 1 /L._ �k�xx W () i
I
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flue due execution of the foregoing instrument. .Ott',. OTA R •,-•2 .
' l i
Witness my hand and official seal,this z1't"4. day of jt,LtAl .20 4
/1.l:Ui,j;ti,li. 1, 1 i1L ULr.LA. '°� � J
Notar\ Public i'Q •
�My .,s ,
commission expires IIIILI ,20 2j . ' ON COVN %
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Individual Landowner
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 .20
Notary Public
\I) commission expires 20
S t:-03
Rcr.117/Ob

NO ONE DOES MORE FOR VETER,
Durham City Zoning
City of Durham
101 City Hall Plaza
Durham,NC 27701
August 23, 2021
To whom it may concern,
In accordance with the Veterans of Foreign Wars, VFW,of the United States Congressional Charter Bylaws,
Section 70 a Post Commander and Quartermaster are authorized to sign legal documents required to sell or
purchase real property.
In accordance with the established procedures of the VFW Larry Coleman, as the duly elected commander of
Post 2740 has the authority to sign any paperwork related to the sale and rezoning of the property and land at
3709 Dearborn Drive, Durham NC 27704.
As the Commander of the Department of North Carolina VFW, I am fully aware of and in support of the
contractual agreement between Henry Seeman Post 2740 and LDC Development,LLC of 1469 S. 4th Street
Louisville,KY 40208.
If you have, any further questions or I can be of assistance feel free to contact the department Quartermaster at
919-828-5058.
Thank you,
—Russell Chambers
Commander
Department of North Carolina VFW

OPERATING AGREEMENT
OF
LDG MULTIFAMILY,LLC
(Manager Managed)

ARTICLE I
DEFINITIONS
The following terms used in this Operating Agreement shall have the following meanings
(unless otherwise expressly provided herein):
"Act" shall mean the Kentucky Limited Liability Company Act, as amended.
"Articles of Organization" shall mean the Articles of Organization of the Company as
filed with the Secretary of State of Kentucky as the same may be amended from time to time.
"Capital Contribution"shall mean any contribution to the capital of the Company in cash
or property by a Member whenever made. "Initial Capital Contribution" shall mean the initial
contribution to the capital of the Company pursuant to this Operating Agreement.
"Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or
corresponding provisions of subsequent superseding federal revenue laws.
"Company" shall mean LDG Multifamily,LLC.
"Entity" shall mean any general partnership, limited partnership, limited liability
partnership, limited liability company, corporation, joint venture, trust, business trust,
cooperative or association or any foreign trust or business organization.
"Fiscal Year" shall mean the Company's fiscal year,which shall be the calendar year.
"Manager" shall mean Chris Dischinger, 1473 South Fourth Street, Louisville, Kentucky
40208.
"Member"shall mean collectively, Chris Dischinger and Mark Lechner.
"Membership Interest" shall mean a Member's entire interest in the Company including
such Member's economic rights in the Company and the right to participate in the management
of the business and affairs of the Company, including the right to vote on, consent to, or
otherwise participate in any decision or action of or by the Members granted pursuant to this
Operating Agreement and the Act.
"Operating Agreement" shall mean this Operating Agreement as originally executed and
as amended from time to time.
"Person" shall mean any individual or Entity, and the heirs, executors, administrators,
legal representatives, trustees, successors, and assigns of such "Person" where the context so
permits.

"Regulations" shall include proposed, temporary and final regulations promulgated under
the Code in effect as of the date of filing the Articles of Organization and the corresponding
sections of any regulations subsequently issued that amend or supersede such regulations.
"Transfer" shall mean to sell, assign, pledge, hypothecate, transfer, exchange or
otherwise transfer for consideration, or gift or otherwise transfer for no consideration(whether or
not by operation of law).
ARTICLE II
FORMATION OF COMPANY
2.01 Formation. On January 10, 2007, the Company was organized as a Kentucky
limited liability company under the name of LDG Multifamily, LLC.
2.02 Amendments.
(a) The Articles of Organization of the Company may be amended by the
Manager.
(b) This Operating Agreement may be amended by the Manager.
2.03 Purpose. The purpose of the Company shall be to conduct any business which
may lawfully be conducted by a limited liability company under the Act. The Company shall
have the power and authority to do all things necessary or convenient to accomplish its purpose.
The Company exists only for the purpose specified in this Article II, and may not conduct any
other business without the written agreement of all of the Members.
ARTICLE III
NAMES AND ADDRESSES OF MEMBERS
3.01 Names and Addresses. The name, address and date of admission of the Members
is set forth on Exhibit A to this Operating Agreement.
3.02 Corrections and Additions. The Member shall promptly and in writing notify the
Company of changes in name and/or address, which written notification will be deemed
incorporated in Exhibit A.

ARTICLE IV
RECORDS
4.01. Records to be Maintained. The Company shall keep at its office located at 1473
South Fourth Street, Louisville, KY 40208 (the "Principal Office") all records required by the
Act.
ARTICLE V
RIGHTS,DUTIES AND OBLIGATIONS OF MEMBERS AND MEMBERS
5.01 Management.
(a) All powers of the Company shall be exercised by or under the authority of,
and the business affairs of the Company managed under the direction of its Manager.
(b) The Manager may use the titles of President and Secretary and/or appoint
other officers of the Company.
5.02 Manager Has No Exclusive Duty to Company. The Manager shall not be required
to manage the Company as his sole and exclusive function, and the Manager may have other
business interests and may engage in other activities in addition to those relating to the
Company. The Manager shall not incur any liability to the Company. The Manager shall not
incur any liability to the Company or to any of the Members as a result of engaging in any other
business or venture.
5.03 Limitation of Liability. The Member's or Manager's liability shall be limited as
set forth in the Articles of Organization, this Operating Agreement, the Act and other applicable
law. Except as otherwise required by law, no Member or Manager will be personally liable for
any debts or losses of the Company beyond his respective Capital Contributions and any
obligation of the Member under§§ 6.01 or 6.02 to make a Capital Contribution.
5.04 Membership Interests; Voting(Generally).
(a) Membership Interests in the Company shall be of a single class and shall
be initially allocated as set forth on Exhibit A.
(b) Each Membership Interest shall entitle its holder to one (1) vote on any
matter presented to the Member.
5.05 Company Funds. All funds of the Company shall be deposited in the Company
name in such financial institution(s) as may be selected by the Manager. All withdrawals from
4

said account(s) shall be made by checks or drafts signed by such individuals as are designated in
writing by the Manager. All checks drawn thereon shall be only for Company purposes.
5.06 Accounting Principles; Period. The profits and losses of the Company shall be
determined in accordance with accounting principles applied on a consistent basis using the
method of accounting generally used by the Company. The Company's accounting period shall
be the Fiscal Year.
ARTICLE VI
CONTRIBUTIONS TO THE COMPANY AND CAPITAL ACCOUNTS
6.01 Members' Capital Contributions. The Member shall contribute such amount as is
set forth in Exhibit A hereto as its share of the Initial Capital Contribution.
6.02 Additional Contributions. Except as set forth in § 6.01, the Member shall not be
required to make any Capital Contribution.
ARTICLE VII
ALLOCATIONS, INCOME TAX,DISTRIBUTIONS,
ELECTIONS AND REPORTS
7.01 Allocations of Profits and Losses from Operations. The profits and losses of the
Company for each Fiscal Year will be allocated to the Member.
7.02 Withholding From Distributions. All amounts withheld pursuant to the Code or
any provisions of state or local tax law with respect to any payment or distribution to the
Member from the Company shall be treated as amounts distributed to the Member.
ARTICLE VIII
TRANSFERABILITY
8.01 Transfer of Membership Interests. Membership Interest in the Company may not
be Transferred.

ARTICLE IX
DISSOLUTION AND TERMINATION
9.01 Dissolution. The Company shall be dissolved by the written statement of the
Member. No other event of disassociation shall cause the dissolution of the Company.
9.02 Effect of Dissolution. Upon the dissolution of the Company, it shall cease to
carry on its business, except insofar as may be necessary for the winding up of its business, but
its separate existence shall continue until a Certificate of Dissolution has been issued by the
Kentucky Secretary of State or until a decree dissolving the Company has been entered by a
Court of competent jurisdiction.
9.03 Winding-Up, Liquidation and Distribution Assets.
(a) Upon dissolution, an accounting shall be made by the Company's
accountants of the accounts, assets, liabilities and operations from the date of the last previous
accounting until the date of dissolution. The Member shall oversee the winding up and
termination of the Company, and shall immediately proceed to wind up the affairs of the
Company.
(b) If the Company is dissolved and its affairs are to be wound up, the
Member shall:
(i) Sell or otherwise liquidate all of the Company's assets as promptly
as practicable (except to the extent the Member may determine to make in kind distributions of
assets);
(ii) Allocate any profit or loss resulting from such sales to the Member
in accordance with Article VII hereof;
(iii) Discharge all liabilities of the Company, including liabilities to the
Member as a creditor, to the extent otherwise permitted by law, other than liabilities to the
Member for distributions, and establish such reserves as may be reasonably necessary to provide
for contingent liabilities of the Company; and
(iv) Distribute the remaining assets to the Member.
(c) Upon completion of the winding up, liquidation and distribution of the
assets,the Company shall be deemed terminated.
(d) The Member shall comply with any applicable requirements of law
pertaining to the winding up of the affairs of the Company and the final distribution of its assets.
6

ARTICLE X
MISCELLANEOUS PROVISIONS
10.01 Application of Kentucky Law. This Operating Agreement, and the application
and interpretation thereof, shall be governed exclusively by its terms and by the internal laws of
the Commonwealth of Kentucky,without reference to choice of laws,and specifically the Act.
10.02 Headings. The headings in this Operating Agreement are inserted for
convenience only and are in no way intended to describe, interpret, define or limit the scope,
extent or intent of this Operating Agreement or any provision hereof.
10.03 Defined Terms. Throughout this Agreement various terms have been defined by
being enclosed in quotation marks, usually in parentheses, and used with their initial letters
capitalized. Unless the context otherwise requires, such defined terms will have their designated
meaning whenever used in this Agreement or any attached exhibits. Unless an express reference
is made to a different document, all references to a Section or Article shall be understood to refer
to the indicated Section or Article of this Agreement, and all references to an Exhibit shall be
understood to refer to the indicated Exhibit attached to this Agreement.
10.04 Heirs, Successors and Assigns. Each and all of the covenants, terms, provisions
and agreements herein contained shall be binding upon and inure to the benefit of the parties
hereto, and to the extent permitted by this Operating Agreement, their respective heirs, legal
representatives, successors and assigns.
10.05 Creditors. None of the provisions of this Operating Agreement shall be for the
benefit of or enforceable by any creditor of the Company or of the Member.
WITNESS the hand of the Member and Manager, as of the date set forth in § 2.01,
signifying acceptance of the foregoing Operating Agreement.
CHRIS I N E 1:Member and Manager
MAR I.EC It. Member
7

EXHIBIT A
SCHEDULE OF MEMBERS
Name of Member Address Date of
Admission
1. CHRIS DISCHINGER
1.MARK LECHNER
SCHEDULE OF MEMBERSHIP INTERESTS
Name of Member Membership Interest Capital Contribution
1. CHRIS DISCHINGER 50.0%
2. MARK LECHNER 50.0%
8