HomeMy WebLinkAbout2006-04-18; City Council; 18493; Approving Reimbursement Agreement Greystone Homes Inc Appropriation Funds Planned Local Drainage Area Facilities C and CFCITY OF CARLSBAD - AGENDA BILL
AB#
MTG. .
DEPT.
18,493
U/18/06
ENG
TITLE: APPROVING RATIFICATION OF REIMBURSEMENT
AGREEMENT WITH GREYSTONE HOMES, INC., AND
APPROPRIATION OF FUNDS TO PAY FOR THE
REIMBURSEMENT OF PLANNED LOCAL DRAINAGE AREA
FACILITIES C AND CF, PROJECT NO. 3804
^x"tf^/r 'C-. s^n F PT HI^ /^" ^A •
CITYATTY/^
CITYMGR. LL^~~
RECOMMENDED ACTION:
Adopt Resolution No. 2006-070 approving the Ratification of Reimbursement Agreement for
Portion of Master Drainage Plan (PLDA) Facilities C and CF with Greystone Homes, Inc., approving
appropriation of PLDA 'C' Funds and, authorizing Finance Director to reimburse Greystone Homes,
Inc., $224,822 for the construction of PLDA Facilities C and CF.
ITEM EXPLANATION:
In connection with the development of the Cobblestone Sea Village project, CT 84-32A,
Greystone Homes, Inc., constructed portions of Planned Local Drainage Area (PLDA) Facility C and
CF consisting of 36" and 72" storm drains, an 8'x8' box culvert and other storm drain
appurtenances. City Planning Commission Resolution No. 2849 and City Council Resolution No.
89-354 required construction of the PLDA facilities.
In accordance with the City's Drainage Ordinance, the developer is eligible for reimbursement for
construction of PLDA facilities limited to the actual cost to construct the facility or the cost of the
facility as estimated in the Drainage Master Plan (MDP), whichever is less. An audit of the drainage
costs incurred by developer for the construction of the PLDA facilities performed in accordance with
the City's Administrative Procedures for Reimbursable Public Works Projects recommends a total
reimbursable amount of $224,822, which is less than the cost for these facilities as estimated in the
MDP. The Cobblestone Sea Village project paid all PLDA fee obligations for the project and is,
therefore, requesting full reimbursement in the amount of $224,822. Greystone Homes, Inc. has
signed the attached Ratification of Reimbursement Agreement in accordance with the City's
Administrative Procedures.
FISCAL IMPACT:
Greystone Homes, Inc., submitted documentation of $224,822 in costs associated with the
construction of the PLDA facilities. The City appropriated funds in the amount of $290,000 for
reimbursement of these facilities. A total of $154,058 of the appropriation was previously expended
to pay audit costs and to reimburse Standard Pacific and Laurel Tree Apartments for construction of
other segments of PLDA Facilities C and CF. A total of $135,942 in remaining appropriations is
available to fund the requested Greystone Homes reimbursement. An additional appropriation of
$88,880 is required to complete the Greystone Homes reimbursement. Adequate funds are
available in the PLDA 'C' Fund Account to complete the requested reimbursement.
ENVIRONMENTAL REVIEW:
The reimbursement for a previously constructed facility is exempt from CEQA under Section
15061(b)(3) since the reimbursement will have no effect on the environment.
EXHIBITS:
1. Location Map.
2. Resolution No. 2006-070 approving the Ratification of Reimbursement Agreement
for Portion of Master Drainage Plan (PLDA) Facilities C and CF with Greystone Homes, Inc.,
approving appropriation of PLDA 'C' Funds and, authorizing Finance Director to reimburse
Greystone Homes, Inc., $224,822 for the construction of PLDA Facilities C and CF.
3. Ratification of Reimbursement Agreement.
DEPARTMENT CONTACT: David Hauser, (760) 602-2739, dhaus@ci.carlsbad.ca.us
LOCATION MAP
COBBLESTONE
SEA
VILLAGE
NOT TO SCALE
CITY OF OCEANSIDE
HIGHWAY,**
SITE
VICINITY
MAP
HOT TO
SCALE
PROJECT NAME
REIMBURSEMENT TO GREYSTONE HOMES, INC. FOR CONSTRUC-
TION OF PLANNED LOCAL DRAINAGE FACILITIES C AND CF
PROJECT
NUMBER
3804
EXHIBIT
1
DRAWN BY: SCOTT fVANS, CARLSBAD ENGINEERING DEPT. 4/10/04 C:\CAPITAL\3906-1.DWG
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RESOLUTION NO. 2006-070
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
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CALIFORNIA, APPROVING THE RATIFICATION OF REIMBURSEMENT
AGREEMENT FOR PORTION OF PLANNED LOCAL DRAINAGE AREA
(PLDA) FACILITIES C AND CF WITH GREYSTONE HOMES, INC.,
APPROVING APPROPRIATION OF PLDA 'C' FUNDS AND
AUTHORIZING FINANCE DIRECTOR TO REIMBURSE GREYSTONE
HOMES, INC., $224,822 FOR THE CONSTRUCTION OF PLDA
FACILITIES C AND CF. PROJECT NO. 3804.
WHEREAS, installation of Planned Local Drainage Area (PLDA) storm drain Facilities C
and CF (the "Facilities") were a condition of approval for the subdivision of Cobblestone Sea
Village (CT 84-32A); and
WHEREAS, the Planned Local Drainage Area (PLDA) Fee Program provides for
reimbursement for the costs of constructing master planned facilities constructed by developers in
excess of the PLDA fees required of the development project; and
WHEREAS, PLDA fees have been paid for the subject property; and
WHEREAS, Greystone Homes, Inc., installed the Facilities; and
WHEREAS, Greystone Homes, Inc., has requested reimbursement in the amount of
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$224,822 for the construction of the Facilities; and
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WHEREAS, Greystone Homes, Inc., has submitted a signed Ratification of
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Reimbursement Agreement for City approval in accordance with City Administrative Procedures;
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and
19 WHEREAS, an audit of the constructed Facilities was conducted and the Public Works
20 Director approves reimbursement in the amount of $224,822; and
WHEREAS, there is insufficient appropriation available for reimbursement in the City's
Capital Improvement Program (CIP) through the PLDA Fee Program for the construction of the
Facilities, referenced as CIP Project No. 3804; and
WHEREAS, there are adequate funds available in the PLDA 'C' Fee Program Fee
Program Fund to complete the requested reimbursement for Facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:
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1. That the above recitations are true and correct.
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2. That adequate funds are available in the City's PLDA 'C' Fee Program Fund to pay
for the requested reimbursement of Facilities.
3. That funds in the amount of $88,880 are appropriated to the CIP Project No. 3804
account.
4. That the Mayor is authorized to sign the Ratification of Reimbursement Agreement.
5. That the Finance Director is hereby authorized to reimburse Greystone Homes,
Inc., in the amount of two hundred twenty four thousand eight hundred twenty two dollars
($224,822) from Planned Local Drainage Area C for the construction of the Facilities.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 18th . day of APril _, 2006 by the following vote, to wit:
AYES:Council Members Lewis, Hall, Kulchin, Packard and Sigafoose
NOES: None
ABSENT:
CLAUDE A. LEWI
ATTEST:
LORRAINE M. WOOD, City Cler (SEAL)
RATIFICATION OF REIMBURSEMENT AGREEMENT
FOR PORTION OF MASTER DRAINAGE PLAN FACILITIES C AND CF
(GREYSTONE HOMES INC.)
This Ratification of Reimbursement Agreement ("Agreement") is entered into as of this
20th day of April , 200 6 by and between the City of Carlsbad, a municipal
corporation of the State of California ("City"), and Greystone Homes Inc., a Delaware
Corporation, ("Developer") (collectively, the "Parties").
RECITALS
A. Developer developed certain real property commonly known as Cobblestone Sea
Village, ("Property"), located in City and more particularly described as Carlsbad Tract
84-32A ("Project"); and,
B. The Planning Commission of the City adopted Resolution No. 2849 on June 7, 1989,
recommending approval of the Project; and,
C. The City Council of the City adopted Resolution No. 89-354 on October 10, 1989,
approving the project; and,
C. The project approvals require Developer to design and construct certain public
improvements more particularly described as a portion of Master Drainage Plan Facilities
C and CF ("Improvements"); and,
D. The Developer has entered into a secured Subdivision Improvement Agreement with
City guaranteeing construction of Improvements dated February 3, 1997 ("Secured
Improvement Agreement"), incorporated herein by this reference; and,
E. The Developer has entered into a secured Grading and Erosion Control Agreement with
City guaranteeing the grading and erosion control required to support the Improvements
dated February 3, 1997, incorporated herein by this reference; and,
F. The Improvements are included within the list of projects funded by the City's Planned
Local Drainage Area fee program ("Fee Program"); and,
G. Developer is obligated pursuant to City Code, City Council Policy and/or the Project
conditions of approval to pay a fee and/or to construct certain improvements in
satisfaction of the requirements of the Fee Program; and,
H. The Fee Program provides for reimbursement and/or credit against payment of Fee
Program fees for Developer's cost to construct Improvements; and,
I. Developer has constructed Improvements in accordance with Secured Improvement
Agreement and Grading and Erosion Control Agreement and desires to receive
reimbursement and/or credit against payment of Fee Program fees ("Reimbursable
Work"); and,
General Counsel Approved Version #07.05.01
r
J. City has established procedures entitled "Administrative Procedures for Reimbursable
Public Works Projects" ("City Administrative Procedures"), incorporated herein by this
reference, which guide the administration of developer constructed projects that receive
reimbursement of construction costs using public funds to ensure compliance with State
laws governing the use of publicly funded projects; and,
K. City has completed an audit of the Developer's costs to construct Improvements in
accordance with the City Administrative Procedures ("Improvement Audit"), incorporated
herein by this reference; and,
L. Improvement Audit finds that the Developer is eligible for reimbursement and/ Fee
Program fee credits in the amount of $224,822 ("Reimbursable Amount"); and,
M. City and Developer desire to establish a method to fairly reimburse and/or grant credits
against payment of Fee Program fees to Developer for the cost to construct
Improvements.
NOW, THEREFORE, the City and Developer agree as follows:
1 . Recitals. The recitals above are true and correct and incorporated herein by
this reference.
2. Satisfaction of Obligation. Developer's agreement to perform the
Reimbursable Work, as set forth herein, and the actual construction thereof, shall
fully satisfy and constitute compliance with all requirements regarding the Project
solely with respect to Reimbursable Work.
3. General Developer Obligations.
a. Developer has caused the construction of Improvements in substantial
compliance with Secured Improvement Agreement, Grading and Erosion
Control Agreement and the City Administrative Procedures.
b. Developer hereby waives any and all potential constitutional or other legal
objections related to Improvements.
c. Developer shall pay and/or receive credit against payment of Fee
Program fees in accordance with City Codes, City Council Policy and the
provisions of Fee Program.
d. Developer agrees that the Reimbursable Amount recommended in the
Improvement Audit represents a fair accounting of the costs incurred by
the Developer to construct the Improvements and no additional
reimbursement and/or credit will be requested from City for the cost to
construct the Improvements.
4. General City Obligations.
a. City shall reimburse and/or grant Fee Program credits to Developer for
the Reimbursable Amount as described in Section 5 and 6 below.
General Counsel Approved Version #07.05.01
b. All reimbursements and/or grants of fee credits made by the City,
pursuant to the terms of this Agreement shall be made only to Developer,
unless otherwise directed, in writing by the Developer, to make
reimbursement and/or to grant fee credits to another party.
5. Reimbursable Work.
a. The items of Reimbursable Work shall consist of all costs of construction
thereof and all incidental costs of construction of the Improvements
eligible for reimbursement under City Code, City Council Policy and the
requirements of the Fee Program including the following:
1) Usual and customary design and engineering costs including civil
engineering, soils engineering, survey and construction staking, agency
fees and permits as they relate to the Improvements only.
2) Cost of acquisition for easements as they relate to the Improvements
only, and to the extent such costs are eligible for reimbursement under
the Fee Program, including:
i. Appraisal and title insurance costs.
ii. Costs of preparing acquisition plats.
iii. The appraised value or actual costs, whichever is less.
3) Costs of environmental review, permitting and habitat mitigation
associated with Improvements.
4) An amount equal to 4.5% of the direct cost of construction of the
Improvements for the Developer's overhead, construction management
and supervision, including on-site supervision.
5) An amount equal to 1.8% of the direct cost of construction of the
Improvements for the premiums paid by the Developer for blanket liability
insurance coverage and for any surety bonds required for the Secured
Improvement Agreement or Grading and Erosion Control Agreement.
6. Reimbursement Calculation.
a. The Reimbursable Amount as determined by the Improvement Audit is
$224,822.
b. The Fee Program fee obligation for the Project is $216,018 (based upon
85.45 acres x $2528/acre).
c. The amount of Fee Program fee paid by the Developer is $216,018.
d. The amount of Fee Program fee credit to be granted to the Developer is
$0 (Fee Program fee obligation for Project minus the amount of Fee
General Counsel Approved Version #07.05.01
•7
Program fee paid by Developer).
e. The amount of reimbursement due to Developer is $224,822
(Reimbursable Amount minus Fee Program fee credit) ("Actual
Reimbursement").
7. Payment of Actual Reimbursement.
a. Payment of the Actual Reimbursement shall be made within 30 days of
the signing of this agreement.
8. Disputes/Claims. If a dispute should arise regarding the performance or
interpretation of this Agreement, the following procedure shall be used to resolve
any question of fact or interpretation not informally resolved by the parties.
Such questions, if they become identified as a part of a dispute among persons
operating under the provisions of this Agreement shall be reduced to writing by
the principal of Developer or the Public Works Director of the City ("Director").
A copy of such documented dispute shall be forwarded to both parties involved
along with recommended methods of resolution, which would be of benefit to
both parties. The Director, or principal, upon receipt, shall reply to the letter,
including a recommended method of resolution within ten (10) days. If the
recommended resolution is unsatisfactory to the aggrieved party, a letter outlining
the dispute shall be forwarded to the City Council for their resolution through the
office of the City Manager. The City Council may, but is not obligated to resolve
the dispute. If the City Council considers the dispute, and directs a solution, the
action of the City Council shall be binding upon the parties involved, although
nothing in this procedure shall prohibit the parties from seeking remedies
available to them at law.
9. Assignment of Contract. The Developer shall not assign this contract or any
part thereof or any monies due hereunder without the prior written consent of the
City.
10. Notices. Unless otherwise specifically provided herein, all notices, demands or
other communications given hereunder shall be in writing and shall be deemed to
have been duly delivered upon personal delivery, or by Federal Express
(or similar reputable express delivery service), or by facsimile transmission with
back-up copy mailed the same day, or as of the second business day after
mailing by United States Certified Mail, return receipt requested, postage prepaid,
address as shown below. Notices required to be given to Developer shall be
addressed as follows:
Developer: Greystone Homes Inc/ Lennar Homes
Attn: Victoria Woodbury
Telephone: (760)918-7765
Fax: (760)918-8868
General Counsel Approved Version #07.05.01 ~.
a
Notices to City shall be delivered to the following:
CITY OF CARLSBAD
Attention: Public Works Director
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2730
FAX: (760)602-8562
Each party shall notify the other immediately of any changes of address that
would require any notice delivered hereunder to be directed to another address.
11. Transfer by Developer. The obligations and benefits of this Agreement shall not
be transferred upon sale of the Property.
12. Governing Law and Venue. This Agreement shall be interpreted and enforced
under the laws of the State of California, and venue shall reside in North San
Diego County, California.
13. Complete Agreement. This Agreement contains the entire agreement between
the parties with respect to the subject matter contained herein, and supersedes
all negotiations, discussions, and prior drafts with respect to this subject matter.
14. Amendment. This Agreement may be amended only by a written instrument
executed by both the City and Developer.
15. Term. This Agreement shall be effective as of the date first above written, and
shall terminate on June 30, 2005 or sooner if all of the Improvements have been
completed and full reimbursement/credits have been given in accordance with
the provisions of this Agreement.
16. No Third Party Beneficiaries. This Agreement shall not be deemed to confer
any rights upon any individual, or entity, which is not a party hereto, and the
parties hereto expressly disclaim any such third-party benefit.
General Counsel Approved Version #07.05.01
18. Severability. The invalidity or unenforceability of any provision of this
Agreement, as determined by a court of competent jurisdiction, shall in no way
affect the validity or enforceability of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written.
DEVELOPER
Greystone Hojpnes Inc.
//'
*By: (
(print name/title)
(e-mail address)
(sign her€)
(print name/title)
(e-mail address)
ASSf-
CITY icipal
ATTEST:
LORRAINE M. WOOD
City Clerk ^vs-a
V^^p^^
V..*'"'^
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
Deputy Genera^Counsel
A proper notarial acknowledgment of execution by Developer must be attached. If a Corporation.
Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering the officer(s) signing to bind the corporation.
General Counsel Approved Version #07.05.01 10
ALL-PURPOSE CALIFORNIA ACKNOWLEDGEMENT
State of California )
County of San Diego ) SS.
On March 30, 2006 before me, Denise Gatto, Notary Public,
personally appeared Peter Fagrell personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
<nise Gatto,YJotaryPublic #l36*S3 /
OFFICIAL SEAL
DEMISE GATTO
NOTARY PUBLIC - CALIFORNIA
COMMISSION # 1369183
ORANGE COUNTY
My Commission Exp. September 26,2006
(Seal)
ALL-PURPOSE CALIFORNIA ACKNOWLEDGEMENT
State of California )
County of San Diego ) SS.
On March 30, 2006 before me, Denise Gatto, Notary Public,
personally appeared Sherrie Sarasua personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged
to me that she executed the same in her authorized capacity, and that
by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
OFFICIAL SEAL
DENISE QATTO
NOTARY PUBLIC-CALIFORNIA
COMMISSION # 1369183GRANGE COUNTYMy OommlMlonExp.8«pt«nbef 26.2006
(Seal)
Mar-30-OG 11:00u From-LENNAR COMMUNITIES 760-918-8868 T-076 P.002/005 F-818
GREYSTONE HOMES, INC.
CERTIFICATE OF INCUMBENCY
I, Sherrie Sarasua, Assistant Secretary of Greystone Homes, me, a Delaware corporation, hereby certify that the
following persons have been duly elected and/or appointed to the position(s) set opposite their respective names, that
said elections and/or appointments are in full force and effect and, except where indicated (*), mat any one of the
following persons is authorized to execute and deliver documents on behalf of the Corporation.
Officer Title
Jaffe, Jonathan M.
White, Michael P.
Robert W. Garcin
Shea, Mark
Eric. Franz
Tim . Kent
Michael Levesque
Greg. McGuff
Jeffrey. Spitzer
Thomas. Banks
Peter. Beucke
Dale. Billy
Marc. Chasman
Condon, Joy
Nick. Dodson
Michael R. Dowell
Evans, David
Pete . Fagrell
Eric . Franz
Robert W. Garcin
Giermann, Edward C.
Giermann, Edward C.
Goudie, Valerie
Barry G. Grant
Emile. Haddad
Hetzel, Andrew
Higgins, Erik R.
Randal B. Hurlburt
Alan. Jones
Graham. Jones
Debbie. Kober-Parker
Jeff. Lawhon
Moore, Eugene
Jason. Perrin
Pomi, Greg
Allan. Quan
Anita. Reynoso
Jeffrey . Roos
Shea, Mark
Gerald. Smith
Studley, Kim
Thompson, Jerrold F.
Larry. Thompson
Robert. Tummolo
Dave. Vogel
PRESIDENT
Chief Financial Officer
SECRETARY
CONTROLLER
Division President - Phoenix Division
Division President - Las Vegas Division
President - San Diego Division
President - Temecula Division
Division President - Sacramento Division
VICE PRESIDENT
VICE PRESIDENT
Vice President/Operations
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
Vice President/General Counsel
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
Vice President
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
Vice President
VICE PRESIDENT
Vice President
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
VICE PRESIDENT
Vice President
Vice President
Vice President/Asst. General Counsel
VICE PRESIDENT
Vice President/Operations
GHI-09/09/05 Pagel
Mar-30-06 11:01an From-LENNAR COMMUNITIES 760-918-8868 T-076 P.003/005 F-818
White, Michael P.
Baker, Dee
Jennifer. Bonasia
Geri. Bone
Laurie A. Byer
Brian. Cresap
Thomas . Dee
Don. Larson
Jason. Perrin
Allan. Quan
Anita. Reynoso
Sherrie Sarasua
Thompson, Cindy
Larry. Thompson
Allan . Yue
Thomas. Banks
Geri. Bone
Brinkman, Donna
Laurie A. Byer
Marc. Chasman
Clemens, Jeffrey T.
Brian. Cresap
Eckert, Sherrie
Eckert, Sherrie
George, Ronald
Jeff. Jameson
Michael Levesque
Mary. Lorch
Lynch, Kevin
Greg. McGuff
R. Lawrence. Olin
Jason. Perrin
Prentiss, Steve
Rauschenburg, Mary
Anita. Reynoso
Gerry. Riley
Jeffrey . Roos
Steven R. Shepard
Cliff. Soffer
Stone, Angela
Stone, Angela
Robert. Tummolo
Fred. Watson
VICE PRESIDENT
ASSISTANT SECRETARY
ASSISTANT SECRETARY
Assistant Secretary
Assistant Secretary
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
ASSISTANT SECRETARY
Authorized Agent - Temecula Valley, LLC
Authorized Agent - Temecula Division
Authorized Agent
Authorized Agent
Authorized Agent - Greystone Hidden Meadows, LLC
Authorized Agent - Temecula Valley, LLC
Authorized Agent - Temecula Valley, LLC
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent - PCCIII - Oak Communities, LLC
Authorized Agent - Greystone Hidden Meadows, LLC
Authorized Agent - Temecula Division
Authorized Agent
Authorized Agent - Springfield II / Arbor Glen
Authorized Agent - PCCIII - Oak Communities, LLC
Authorized Agent - Temecula Valley, LLC
Authorized Agent
Authorized Agent - Temecula Valley, LLC
Authorized Agent - PCC Ill-Crown Hill 100, LLC
Authorized Agent - Temecula Division
Authorized Agent - Greystone Hidden Meadows, LLC
Authorized Agent - Temecula Division
Authorized Agent
Authorized Agent
Authorized Agent
Authorized Agent - PCC Ill-Crown Hill 100, LLC
Authorized Agent - Springfield II / Arbor Glen
Dated this 7th day of September, 2005.
':—Snerrie Sarasua^ssistant Secretary
OKI-09/09/05 Page 2