21005 Palmers Auto Brownfields NBP for PC 20180724

21005-17-060/Palmer’s Automotive Property (20180724 for PC)

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Property Owner: TAG Ventures, LLC and South Tryon Ventures, LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: Palmer’s Automotive Property
Brownfields Project Number: 21005-17-060

This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat
component, have been filed this _____ day of __________________, 201__ by TAG Ventures, LLC and
South Tryon Ventures, LLC (“Prospective Developer”).

This Notice concerns contaminated property.

A copy of this Notice certified by the North Carolina Department of Environmental Quality
(“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land
is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b).

This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to
public health or the environment posed by environmental contamination at a property (“Brownfields
Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9,
Part 5 (“Act”).

Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this
Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective
Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the
Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land
and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.

The Brownfields Property is located at 1900 and 1916 South Tryon Street and 401 West
Worthington Avenue in Charlotte, Mecklenburg County. TAG Ventures, LLC and South Tryon Ventures, LLC
intend to redevelop the Brownfields Property for high-density residential, retail, office, hotel, warehousing,
recreation, open space, parking, restaurant, brewery or food production facility and entertainment uses, and
subject to DEQ’s prior written approval, other commercial uses. Environmental contamination exists on the
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Brownfields Property in soil, groundwater, and soil vapor. The Brownfields Property is approximately 0.754
acres in size and it contains two vacant buildings. A portion of the Brownfields Property, containing Parcel
numbers 11907623 and 11907624, was undeveloped from 1905 until 1954. In 1954, these parcels were
developed with the present day structure which was utilized as a gasoline filling station from at least 1954 until
1965. From 1965 through 1966, this portion of the Brownfields Property was developed with a restaurant. In
1970, automobile repair operations began at the Brownfields Property at a facility known as Palmers Auto
Service. Palmers Auto Service operated at the Brownfields Property until June 2017. Another portion of the
Brownfields Property, containing Parcel number 11907622, was vacant from at least 1905 until approximately
1957, when it was developed with a single-story approximate 4,256-square foot building. Occupants of the
building included The Price L B Mercantile Co. and Pilgrim Church of South Tryon Street. The building has
been vacant since late 2017.

The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit
A. It sets forth the use that may be made of the Brownfields Property and the measures to be taken to
protect public health and the environment, and is required by NCGS § 130A-310.32. The Brownfields
Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other
information regarding the Property’s regulated substances and contaminants.

Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", of the survey plat component
of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional
land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s
requirement that the Notice identify:

(1) The location and dimensions of the areas of potential environmental concern with respect to
permanently surveyed benchmarks.

(2) The type, location and quantity of regulated substances and contaminants known to exist on the
Brownfields Property.

Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient
as a description of the property in an instrument of conveyance.

LAND USE RESTRICTIONS

NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future
use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the
designated current or future use of the Brownfields Property and that are designated in the Brownfields
Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ
(or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to
NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function.
The restrictions are hereby imposed on the Brownfields Property, and are as follows:

1. No use may be made of the Brownfields Property other than for high-density residential, multi-
family residential, retail, office, hotel, warehousing, recreation, open space, parking, restaurant, brewery
or food production facility and entertainment, and subject to DEQ’s prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
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a. “High Density Residential” is defined as permanent dwellings where residential units are
attached to each other with common walls, such as condominia, apartments, group homes, dormitories or
boarding houses, and any property outside the dwelling structures is usable by all residents and not
privately owned as part of a particular unit, and shall include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Ground floor units, single family homes,
townhomes, duplexes, or other units with yards are prohibited unless approved in writing and in advance
by DEQ.

b. “Retail” is defined as the sale of goods or services, products, or merchandise directly to
the consumer or businesses and includes showrooms, personal service, and the sales of food and beverage
products. For the purposes of this Agreement, retail excludes use as a dry cleaner using chlorinated
solvents.

c. “Office” is defined as the provision of business or professional services.

d. “Hotel” is defined as the provision of overnight lodging to paying customers, and to
associated food services, gym, reservation, cleaning, utilities, parking, and on-site hospitality, management
and reception services.

e. “Warehousing” is defined as the use of a commercial building for storage of goods by
manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to
the storage of goods and materials for a specific commercial establishment or group of establishments in a
particular type of industry or commercial activity.

f. “Recreation” is defined as indoor and outdoor exercise-related, physically focused, or
leisure-related activities, whether active or passive, and the facilities for same, including, but not limited
to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds,
walking paths, and picnic and public gathering areas.

g. “Open Space” is defined as land maintained in a natural or landscaped state and used for
natural resource protection, buffers, greenways, or detention facilities for stormwater.

h. “Parking” is defined as the temporary accommodation of motor vehicles in an area
designed for same;

i. “Restaurant” is defined as a commercial business establishment that prepares and serves
food and beverages to patrons.

j. “Brewery or Food Production Facility” is defined as an establishment for the manufacture,
sale and distribution of beverages or food products, including without limitation, beer and ale, together
with associated public roadways and related infrastructure.

k. “Entertainment” is defined as private, public, and community activities (such as, for
example, festivals, theatre, musical events or shows), which may include food and beverage service.

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l. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee.

2. The Brownfields Property may not be used for child care centers, adult care centers or schools
without the prior written approval of DEQ.

3. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
determined by DEQ, with an Environmental Management Plan (EMP) approved in writing by DEQ in
advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields
Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that
may arise from use of the Brownfields Property during construction or redevelopment in any other form,
including without limitation:

a. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;

b. issues related to potential sources of contamination referenced in
Exhibit 2 of the attached Exhibit A;

c. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and

d. plans for the proper characterization of, and, as necessary, disposal of contaminated soils
excavated during redevelopment.

4. By January 31 of each one-year anniversary of the effective date of the attached Exhibit A and
for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline
shall fall 90 days after the conclusion of physical redevelopment), the then-owner of the Brownfields
Property shall provide DEQ a report subject to written DEQ approval on environment-related activities
since the last report, with a summary and drawings, that describes:

a. actions taken on the Brownfields Property in accordance with the plan required by Land
Use Restriction No. 3 above;

b. soil grading and cut and fill actions;

c. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;

d. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and
ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated
with regulated substances; and

e. removal of any contaminated soil, water or other contaminated materials (for example,
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concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall
be included).

5. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in
regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example,
installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities
that encounter or expose groundwater) may occur on the Brownfields Property unless and until DEQ states
in writing, in advance of the proposed activity, that said activity may occur if carried out along with any
measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified
in Land Use Restriction No. 1 while fully protecting public health and the environment. Prior sampling
and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities,
and submittal of the analytical results to DEQ is required. If such results reflect contaminant
concentrations that exceed the standards and screening levels applicable to the uses authorized for the
Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any
written conditions DEQ imposes. Activities may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in Land Use Restriction
No. 1 above while fully protecting public health and the environment.

6. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling
and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with
an approved EMP as outlined in Land Use Restriction No. 3 above.

7. No enclosed building may be constructed on the Brownfields Property and no existing building,
defined as those depicted on the plat component of this Notice, may be occupied, until DEQ determines in
writing that:

a. the building is or would be protective of the building’s users, public health and the
environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment
approved in writing by DEQ; or

b. the building is or would be sufficiently distant from the Brownfields Property’s
groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the
building’s users, public health and the environment will be protected from risk from vapor intrusion
related to said contamination; or

c. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction
of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on
a report that includes photographs and a description of the installation and performance of said measures.
Any design specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in
advance of installation and/or implementation of said measures. The design specifications shall include
methodology(ies) for demonstrating performance of said measures.

8. None of the contaminants known to be present in the environmental media at the Brownfields
Property, as described in Exhibit 2 of the attached Exhibit A and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may
be used or stored at the Brownfields Property without the prior written approval of DEQ, except:
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a. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;

b. as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators; and

c. as constituents of products and materials customarily used and stored in high-density
residential, multi-family residential, retail, office, hotel, warehousing, recreation, open space, parking,
restaurant, brewery or food production facility and entertainment, or commercial environments, provided
such products and materials are stored in original retail packaging and used and disposed of in accordance
with applicable laws.

9. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be
responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable
to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.

10. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment
or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized
uses of the Brownfields Property.

11. No use of the Brownfields Property may occur until the then owner of the Brownfields Property
conducts representative final grade soil sampling pursuant to a plan approved in writing by DEQ of any
area of the Brownfields Property that will not be covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways unless otherwise approved in writing by DEQ in advance.

12. Any deed or other instrument conveying an interest in the Brownfields Property shall contain
the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the
Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.”
A copy of any such instrument shall be sent to the persons listed in Section XV of the attached Exhibit A
(Notices and Submissions), though financial figures and other confidential information related to the
conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret
provisions of the North Carolina Public Records Law. The owner conveying an interest may use the
following mechanisms to comply with the obligations of this Land Use Restriction: (i) If every lease and
rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or
rider evidencing compliance with this Land Use Restriction, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in said Section
XV.

13. During January of each year after the year in which this Notice is recorded, the owner of any
part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use
Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of
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Mecklenburg County, certifying that, as of said January 1st, this Notice containing these land use
restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use
restrictions are being complied with. The submitted LURU shall state the following:

a. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail
address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property
during the previous calendar year;

b. the transferee’s name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous
calendar year;

c. whether any vapor barrier and/or mitigation systems installed pursuant to Land Use
Restriction No. 7 above are performing as designed, and whether the uses of the ground floors of any
buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how.

d. A joint LURU may be submitted for multiple owners by a duly constituted board or
association and shall include the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose
behalf the joint LURU is submitted.

For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official
referenced in subparagraph 35.a. of the attached Exhibit A, at the address stated therein.

ENFORCEMENT

The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract,
lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall
be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ
through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of
local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for
liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions
are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its
successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law.
Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a
waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto.

FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS
§ 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller
type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been
classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
_____ day of _______________, 201__.
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TAG Ventures, LLC

By: __________________________________________
Name typed or printed:
Title typed or printed:

NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.

Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
_____ day of _______________, 201__.

South Tryon Ventures, LLC

By: __________________________________________
Name typed or printed:
Title typed or printed:

NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.

Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

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************************************
ACKNOWLEDGMENT OF PROPERTY OWNER

As the current owner, or representative of said owner, of at least part of the Brownfields Property, I
hereby acknowledge recordation of this Notice of Brownfields Property and the Land Use Restrictions
contained herein.

[Name of Owner]

By:
______________________________
_______________
________________________
Name typed or printed: ___________________________ Date

NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

21005-17-060/Palmer’s Automotive Property (Draft)
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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.

North Carolina Department of Environmental Quality

By: _________________________________________ ________________________
Michael E. Scott Date
Director, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: TAG Ventures, LLC and South Tryon Ventures, LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Palmer’s Automotive Property
OF 1997, NCGS § 130A-310.30, et seq. ) 1900, 1916 South Tryon Street and
Brownfields Project # 21005-17-60 ) 401 West Worthington Avenue,
Charlotte, North Carolina 28209

I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and TAG Ventures, LLC & South Tryon
Ventures, LLC (collectively the "Parties") pursuant to the Brownfields Property Reuse Act of
1997, NCGS § 130A-310.30, et seq. (the “Act”) for the property located at 1900, 1916 South
Tryon Street and 401 West Worthington Avenue in Charlotte, North Carolina, 28203 (the
“Brownfields Property”). A map showing the location of the Brownfields Property that is the
subject of this Agreement is attached hereto as Exhibit 1.
The prospective developer is TAG Ventures, LLC and South Tryon Ventures, LLC, both
member-managed North Carolina Limited Liability Companies that were formed on January 13,
1995 and June 29, 2017, respectively. The manager of both entities is W. Henry Atkins with the
mailing address of 421 Penman Street, Suite 110, Charlotte, North Carolina 28203. The
proposed use of the Brownfields Property is for high-density residential, retail, office, hotel,
warehousing, recreation, open space, parking, restaurant, brewery or food production facility and
entertainment, and subject to DEQ’s prior written approval, other commercial uses.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
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limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of TAG Ventures, LLC and South Tryon Ventures, LLC for contaminants at
the Brownfields Property.
The Parties agree that TAG Ventures, LLC’s and South Tryon Ventures, LLC’s entry
into this Agreement, and the actions undertaken by TAG Ventures, LLC and South Tryon
Ventures, LLC in accordance with the Agreement, do not constitute an admission of any liability
by TAG Ventures, LLC and South Tryon Ventures, LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit TAG Ventures,
LLC and South Tryon Ventures, LLC shall provide to DEQ, is in the public interest.
TAG Ventures, LLC and South Tryon Ventures, LLC hereby acknowledge that they will
be joint and severally responsible for any liabilities, requirements, and land use restrictions set
forth under this agreement, and jointly and severally entitled to all benefits and protections
afforded to a Prospective Developer as defined in paragraph 2 below, pursuant to this
Agreement.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean TAG Ventures, LLC and South Tryon Ventures,
LLC.
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III. STATEMENT OF FACTS
3. The Brownfields Property comprises three parcels totaling approximately 0.754 acres.
Brownfields Property parcel numbers and corresponding addresses are shown below:
Parcel Number Street Address
11907622 1916 S. Tryon
11907623 1900 S. Tryon
11907624 401 W. Worthington Ave.

Prospective Developer has committed itself to redevelopment of the Brownfields
Property for no uses other than high-density residential, multi-family residential, retail, office,
hotel, warehousing, recreation, open space, parking, restaurant, brewery or food production
facility and entertainment, and subject to DEQ’s prior written approval, other commercial uses.
4. The Brownfields Property is bordered to the northwest by a residential condominium
project known as Wilmore Walk Condominium, to the northeast by West Worthington Avenue
with single family residential and industrial warehouse beyond, to the southeast by South Tryon
Street with a commercial office condominium project known as CSV Commercial Lofts
Condominium beyond, to the southwest by Woodcrest Avenue with retail beyond, and to the
west by multifamily residential duplexes.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Phase I Environmental Site Assessment,
Palmers Auto Service, 1900 S. Tryon Street
and 401 W. Worthington Avenue
ECS Carolinas, LLP May 18, 2016
Soil and Groundwater Assessment Report,
1900 S. Tryon Street & 401 W. Worthington ECS Carolinas, LLP May 27, 2016
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Title Prepared by Date of Report
Avenue
Phase I Environmental Site Assessment, South
Tryon Street Site, 1916 South Tryon Street ECS Carolinas, LLP December 12, 2016
Soil, Groundwater, and Soil Gas Assessment
Report, 1900 S. Tryon Street & 401 W.
Worthington Avenue
ECS Carolinas, LLP September 14, 2017
Soil, Groundwater, and Soil Gas Assessment
Report, 1900 S. Tryon Street & 401 W.
Worthington Avenue
ECS Carolinas, LLP January 22, 2018

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. A portion of the Brownfields Property identified as parcel numbers 11907623
and 11907624 was undeveloped from 1905 until 1954. In 1954, these parcels were developed
with the present day structure which was utilized as a gasoline filling station from at least 1954
until 1965. From 1965 through 1966, this portion of the Brownfields Property was developed
with a chicken take-out restaurant. In 1970, automobile repair operations began at the
Brownfields Property at a facility known as Palmers Auto Service. Palmers Auto Service
operated at the Brownfields Property until June 2017.
b. A portion of the Brownfields Property identified as Parcel number 11907622
was vacant from at least 1905 until approximately 1957, when it was developed with a single-
story approximate 4,256-square foot building. Occupants of the building included The Price L B
Mercantile Co. and Pilgrim Church of South Tryon Street. The building has been vacant since
late 2017.
c. South Tryon Ventures, LLC acquired the portion of the Brownfields Property
identified as Parcel numbers 11907623 and 11907624 on June 30, 2017. TAG Ventures, LLC
acquired the portion of the Brownfields Property identified as Parcel number 11907622 on June
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14, 2017.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following: In May 2016, July 2017, and December 2017, soil,
groundwater, and soil gas assessment activities were conducted at the Brownfields Property to
evaluate the potential for impacts resulting from historic automotive repair operations, the
presence of a gasoline underground storage tank (UST) system and underground hydraulic lifts,
and an off-site adjacent historical electro-plating facility.
a. There are no known records indicating that USTs have been abandoned per
regulatory requirements or removed from the Brownfields Property.
b. Contaminants detected in soil, soil gas and groundwater indicate probable
historical releases of petroleum hydrocarbons at the Brownfields Property, prior to ownership by
the Prospective Developer.
c. Laboratory analytical results of samples collected indicate that NCDEQ
standards and/or screening levels were exceeded for soil, groundwater and soil gas. The
environmental reports from nearby properties and environmental data from the Brownfields
Property indicate that groundwater impacts from chlorinated compounds, including
tetrachloroethylene and trichloroethylene, most likely originated from offsite sources. The
analytical results that exceed their respective standard and/or screening levels are summarized in
Exhibit 2 to this Agreement.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on December 15, 2017. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
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representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (“BPA”) dated February 3, 2017 and the
following:
a. Purchasing the Brownfields Property on June 14, 2017 and June 30, 2017; and
b. Conducting environmental assessment activities in May 2016, July 2017, and
December 2017.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
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requirements.
11. The parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of jobs; and
d. an increase in tax revenue for affected jurisdictions.
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
which may include the nine (9) areas incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design certification program (Sustainable Sites, Water
Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality,
Locations & Linkages, Awareness & Education, Innovation in Design and Regional Priority), or
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a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(“EMP”) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high-density
residential, multi-family residential, retail, office, hotel, warehousing, recreation, open space,
parking, restaurant, brewery or food production facility and entertainment, and subject to DEQ’s
prior written approval, other commercial uses. For purposes of this restriction, the following
definitions apply:
i. “High Density Residential” is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit, and shall include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages. Ground floor units, single family homes, townhomes, duplexes, or other units
with yards are prohibited unless approved in writing and in advance by DEQ.
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ii. “Retail” is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products. For the purposes of this Agreement, retail excludes
use as a dry cleaner using chlorinated solvents.
iii. “Office” is defined as the provision of business or professional
services.
vi. “Hotel” is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking, and on-
site hospitality, management and reception services.
v. “Warehousing” is defined as the use of a commercial building for
storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses
among others, and also refers to the storage of goods and materials for a specific commercial
establishment or group of establishments in a particular type of industry or commercial activity.
vi. “Recreation” is defined as indoor and outdoor exercise-related,
physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas.
vii. “Open Space” is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
viii. “Parking” is defined as the temporary accommodation of motor
vehicles in an area designed for same;
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ix. “Restaurant” is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
x. “Brewery or Food Production Facility” is defined as an establishment
for the manufacture, sale and distribution of beverages or food products, including without
limitation, beer and ale, together with associated public roadways and related infrastructure.
xi. “Entertainment” is defined as private, public, and community activities
(such as, for example, festivals, theatre, musical events or shows), which may include food and
beverage service.
xii. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care centers, adult care
centers or schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
iii. contingency plans for addressing, including without limitation the
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testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. By January 31 of each one-year anniversary of the effective date of this
Agreement and for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with the plan
required by subparagraph 15.c above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
e.  Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or
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use groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) may occur
on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes. Activities may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment.
f. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 15.c above.
g. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied, until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
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ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
h. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators; and
iii. as constituents of products and materials customarily used and stored
in high-density residential, multi-family residential, retail, office, hotel, warehousing, recreation,
open space, parking, restaurant, brewery or food production facility and entertainment, or
commercial environments, provided such products and materials are stored in original retail
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packaging and used and disposed of in accordance with applicable laws
i. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
j. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
k. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling pursuant to a plan
approved in writing by DEQ of any area of the Brownfields Property that will not be covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways unless
otherwise approved in writing by DEQ in advance.
l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner conveying an interest may use the following mechanisms to comply with the
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obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
m. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.g. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
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iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU as
well as for each of the owners on whose behalf the joint LURU is submitted.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
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emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
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North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 U.S.C. § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.
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VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the BPA dated February 3, 2017 by which it applied for this Agreement. That use is high-
density residential, multi-family residential, retail, office, hotel, warehousing, recreation, open
space, parking, restaurant, brewery or food production facility and entertainment units, and
subject to DEQ’s prior written approval, other commercial uses. Prospective Developer also
certifies that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ
all information known to Prospective Developer and all information in the possession or control
of its officers, directors, employees, contractors and agents which relates in any way to any past
use of regulated substances or known contaminants at the Brownfields Property and to its
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
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under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
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public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
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Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
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DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
William L. Schmithorst (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646

b. for Prospective Developer:

W. Henry Atkins and David Atkins
421 Penman Street, Suite 110
Charlotte, NC 28203
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Notices and submissions sent by prepaid first class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
25
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Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:

____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED:
26
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TAG Ventures, LLC
By:

________________________________________________________________________
_________ Date
____________

South Tryon Ventures, LLC
By:

____________________________________________________________________________
_____________ Date
_____________

EXHIBIT 1
SITE LOCATION MAP
1900 SOUTH TRYON STREET AND
401 WEST WORTHINGTON STREET
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
ECS PROJECT NO. 49-2037-C
SOURCE:
USGS TOPOGRAPHIC MAP:
CHARLOTTE WEST AND
CHARLOTTE EAST, DATED 2013
NORTH CAROLINA QUADRANGLE
SCALE: 1” = 2,000’
SITE
AF

21005-16-060/Palmer’s Automotive (20180724 for PC)

1

Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on December 15, 2017.The following tables set forth, for contaminants present
at the Property above unrestricted use standards or screening levels, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
groundwater, soil and soil vapor standards are shown for reference only and are not set forth as
cleanup levels for purposes of this Agreement.

GROUNDWATER

Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):

Groundwater
Contaminant
Sample
Location Date of Sampling
Concentration
Exceeding
Standard (g/L)
Standard
(g/L)
Benzene

TW-1 5/12/16 7.4 1
TW-2 5/12/16 1.7
1-Methylnaphthalene TW-1 5/12/16 4.6 J 1
Naphthalene TW-1 5/12/16 94 6
Tetrachloroethylene

TW-1 5/12/16 55 0.7
TW-2 5/12/16 23
TW-3 5/12/16 1.3
Trichloroethylene

TW-1 5/12/16 260 3
TW-2 5/12/16 210
TW-3 5/12/16 33

GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
February 2018 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion

Sample
Location Date of Sampling
Concentration
Exceeding
Screening Level
(g/L)
Residential VI
Screening Level1
(g/L)
Naphthalene TW-1 5/12/16 94 35

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2
Tetrachloroethylene TW-1 5/12/16 55 12 TW-2 5/12/16 23
Trichloroethylene
TW-1 5/12/16 260
1 TW-2 5/12/16 210
TW-3 5/12/16 33
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
2 NS – Screening level or regulatory not established.

SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section
(February 2018 version):
Soil
Contaminant
Sample
Locatio
n
Depth (ft) Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level1,2 (mg/kg)
Acenaphthalene SB-7 0-2 5/12/16 1 NS
Arsenic

S-1 8-10 7/18/17 2.7 0.68
S-2 8-10 7/18/17 2.6
Chromium

S-1 8-10 7/18/17 54 5.4
S-2 8-10 7/18/17 51
Benzo(a)anthracene SB-7 0-2 5/12/16 13 1.1
Benzo(a)pyrene

SB-1 4-6 5/12/16 0.13 0.11
SB-7 0-2 5/12/16 9.2
Benzo(b)fluoranthene SB-7 0-2 5/12/16 10 1.1
Benzo(g,h,i)perylene SB-7 0-2 5/12/16 4.6 NS
Dibenzo(a,h)anthrace
ne SB-7 0.2 5/12/16 1 NS
Dibenzofuran SB-7 0-2 5/12/16 3.2 NS
Indeno(1,2,3-
cd)pyrene SB-7 0-2 5/12/16 5.9 1.1
4-Isopropyltoluene

SB-1 4-6 5/12/16 0.62 NS

SB-2 6-8 5/12/16 0.41
SB-3 6-8 5/12/16 1.4
1-Methylnaphthalene SB-1 4-6 5/12/16 0.85 NS
2-Methylnaphthalene SB-1 4-6 5/12/16 1.5 NS
Naphthalene

SB-1 4-6 5/12/16 4.6 4.1
SB-2 6-8 5/12/16 11

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3
Soil
Contaminant
Sample
Locatio
n
Depth (ft) Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level1,2 (mg/kg)
SB-3 6-8 5/12/16 18
Phenanthrene SB-7 0-2 5/12/16 33 NS
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NE – No established screening level
2The IHSB’s tabulated generic residential use preliminary remediation goal (“remedial goal”) for arsenic
is 0.68 mg/kg. However, the IHSB generic preliminary remediation goal conservatively assumes the
presence of additional soil contaminants that have the same health effects, a factor not present at this site.
The IHSB guidelines also allow for the development of site-specific remediation goals when appropriate.
The North Carolina Brownfields Program is statutorily required to apply standards at each brownfields
site that are only as stringent as necessary to make the site suitable for the uses specified in the Agreement
while fully protecting public health and the environment. This Agreement’s arsenic remedial goal
(“screening level”) was developed using site-specific factors through a Human Health Risk Assessment
conducted pursuant to U.S. EPA risk assessment guidance. The site-specific residential remedial goal for
arsenic is 22 mg/kg.

SOIL GAS

Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):

Soil Gas Contaminant

Sample
Location Date of Sampling
Concentration
Exceeding
Screening Level
(g/m3)
Residential
Screening Limit1
(g/m3)
1,1,1,2-
Tetrachloroethane

SG-1 7/18/17 4000
130

SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
Dup 7/31/17 2100
1,1,2,2-
Tetrachloroethane

SG-1 7/18/17 4000
16

SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
1,1,2-Trichloroethane

SG-1 7/18/17 4000
1 SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
1,1-Dichloroethane SG-1 7/18/17 4000 580 SG-2 7/18/17 4000

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4
SG-4 7/31/17 1900
1,1-Dichloroethene
SG-1 7/18/17 4000
1400 SG-2 7/18/17 4000
SG-4 7/31/17 1900
1,2,4-Trichlorobenzene
SG-1 7/18/17 4000
14 SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
1,2,4-
Trimethylbenzene

SG-1 7/18/17 4000
420 SG-2 7/18/17 4000
SG-4 7/31/17 1900
1,2-Dibromoethane
(EDB)
SG-1 7/18/17 4000
2 SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
1,2-Dichlorobenzene

SG-1 7/18/17 4000
1400 SG-2 7/18/17 4000
SG-4 7/31/17 1900
1,2-Dichloroethane
(EDC)
SG-1 7/18/17 1000
36 SG-2 7/18/17 1000
SG-3 7/18/17 50
SG-4 7/31/17 470
1,2-Dichloropropane
SG-1 7/18/17 4000
25 SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
1,3,5-
Trimethylbenzene
SG-1 7/18/17 4000
420 SG-2 7/18/17 4000
SG-4 7/31/17 1900
1,4-Dichlorobenzene
SG-1 7/18/17 4000
85 SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
2-Butanone (MEK)

SG-1 7/18/17 40000 35000
SG-2 7/18/17 40000
2-Hexanone (MBK)
SG-1 7/18/17 40000
210 SG-2 7/18/17 40000
SG-3 7/18/17 2000
SG-4 7/31/17 19000
4-Methyl-2-pentanone
(MIBK)
SG-1 7/18/17 40000 21000
SG-2 7/18/17 40000
Benzene

SG-1 7/18/17 2800 120
SG-2 7/18/17 2300
SG-4 7/31/17 1100
Bromodichloromethane SG-1 7/18/17 4000 25

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5
SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
Bromoform

SG-1 7/18/17 4000 850
SG-2 7/18/17 4000
SG-4 7/31/17 1900
Bromomethane

SG-1 7/18/17 4000
35

SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
Carbon tetrachloride

SG-1 7/18/17 1000 160
SG-2 7/18/17 1000
SG-4 7/31/17 470
Chlorobenzene

SG-1 7/18/17 1000 350
SG-2 7/18/17 1000
SG-4 7/31/17 470
Chloroform

SG-1 7/18/17 1000
41

SG-2 7/18/17 1000
SG-3 7/18/17 50
SG-4 7/31/17 470
Chloromethane

SG-1 7/18/17 4000 630
SG-2 7/18/17 4000
SG-4 7/31/17 1900
Dichlorodifluorometha
ne (F12)

SG-1 7/18/17 4000 700
SG-2 7/18/17 4000
SG-4 7/31/17 1900
Ethylbenzene

SG-1 7/18/17 11000
370

SG-2 7/18/17 4000
SG-3 7/18/17 2300
SG-4 7/31/17 1900
Hexachlorobutadiene

SG-1 7/18/17 4000
43

SG-2 7/18/17 4000
SG-3 7/18/17 200
SG-4 7/31/17 1900
Styrene SG-4 7/31/17 1900 7000
Tetrachloroethene

SG-1 7/18/17 1600 280
SG-2 7/18/17 1600
SG-4 7/31/17 750
Trichloroethene

SG-1 7/18/17 1200
14

SG-2 7/18/17 1200
SG-3 7/18/17 60
SG-4 7/31/17 560
SG-5 12/15/17 28
Vinyl chloride

SG-1 7/18/17 1000 56
SG-2 7/18/17 1000

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6
SG-4 7/31/17 470
m,p-Xylene

SG-1 7/18/17 4000
100

SG-2 7/18/17 4000
SG-3 7/18/17 10000
SG-4 7/31/17 1900
o-Xylene

SG-1 7/18/17 4000
700

SG-2 7/18/17 4000
SG-3 7/18/17 4100
SG-4 7/31/17 1900
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk

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Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental Reports
occurred on December 15, 2017.The following tables set forth, for contaminants present at the
Property above unrestricted use standards or screening levels, the concentration found at each
sample location, and the applicable standard or screening level. Screening levels and groundwater,
soil and soil vapor standards are shown for reference only and are not set forth as cleanup levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
1) Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
2)NS - Screening level or regulatory not established.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (February
2018 version):
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management
(February 2018 version):
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the
equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the
Residential Vapor Intrusion Screening Levels of the Division of Waste Management February 2018
version):
1) Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NS - No established screening level
1) Soil gas contaminant concentrations also include data where laboratory method detection limits exceed
NC Residential Vapor Intrusion Screening Levels.
2)Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk
Exhibit C 
METES AND BOUNDS DESCRIPTION FOR BROWNFIELD AREA: 
BEGINNING AT AN #4 REBAR IN THE SOUTHERNLY RIGHT OF WAY OF WEST WORTHINGTON AVENUE (A 
60’ PUBLIC R/W), A COMMON CORNER WITH WILMORE WALK CONDOMINIUMS DECLERATION OF 
COVANANTS (DEED BK‐19068 PG‐661). SAID POINT ALSO BEING S63°31'03"W 72.01’ FROM AN IRON 
PIPE FOUND NEAR THE WESTERLY RIGHT OF WAY OF WICKFORD PLACE; THENCE WITH THE SAID WEST 
WORTHINGTON AVENUE THE FOLLOWING TWO (2) COURSES: 
1.S61°14'12"E 114.29’ TO A #4 REBAR. A COMMON CORNER OF SOUTH TRYON VENTURES, LLC.
PROPERTY (DEED BK‐31929 PG‐86 TRACT 1).
2.S61°14'12"E 177.07’ TO AN FOUND “X” SCRIBED ON THE CONCRETE WALK BEING IN THE
INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF SOUTH TRYON STREET A.K.A. N.C.
HIGHWAY 49 (A VARIABLE PUBLIC R/W).
THENCE TURNING AND RUNNING WITH SAID SOUTH TRYON STREET THE FOLLOWING FOUR (4) 
COURSES: 
1)S64°44'34"W 118.50’ TO AN IRON PIPE FOUND.
2)WITH THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 435.54’ AND AN ARC DISTANCE
OF 46.96’ WITH A CHORD BEARING S67°49'54"W WITH A CHORD DISTANCE OF 46.94’ TO AN
IRON PIPE FOUND, BEING A COMMON CORNER OF TAG VENTURES, LLC. PROPERTY (DEED BK‐
31789 PG‐765).
3)WITH THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 435.54’ AND AN ARC DISTANCE
OF 49.90’ WITH A CHORD BEARING S74°12'10"W WITH A CHORD DISTANCE OF 49.88’ TO AN
IRON PIPE FOUND.
4)WITH THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 435.54’ AND AN ARC DISTANCE
OF 50.00’ WITH A CHORD BEARING S80°46'27"W WITH A CHORD DISTANCE OF 49.98’ TO AN
NEW #4 REBAR SET BEING THE COMMON CORNER OF RAPPAPORT & WEISS PROPERTY (DEED
BK‐20951 PG‐432).
THENCE TURNING AND RUNNING WITH SAID RAPPAPORT & WEISS PROPERTY N05°56'13"W PASSING 
THROUGH A #4 REBAR AT 126.85’ FOR A TOTAL DISTANCE OF 132.07’TO A NEW #4 REBAR IN THE 
CENTER OF A 10’ ALLEY (MAP BK‐3 PG‐267), A NEW LINE; THENCE TURNING AND RUNNING WITH THE 
NEW LINE THE FOLLOWING TWO (2) COURSES: 
1.S79°09'03"E 35.32’ TO AN NEW #4 REBAR SET.
2.N00°38'28"E 4.69’ TO AN NEW #4 REBAR SET IN THE SOUTHERLY LINE OF SOUTH TRYON
VENTURES, LLC PROPERTY (DEED BK‐31929 PG‐86 TRACT 2).
THENCE TURNING AND RUNNING WITH SAID SOUTH TRYON PROPERTY TRACT 2 N79°18'11"W 6.64’ TO 
A #4 REBAR, A COMMON CORNER WITH SAID WILMORE WALK CONDOMINIUMS PROPERTY; THENCE 
TURNING AND RUNNING WITH SAID WILMORE WALK PROPERTY N28°48'39"E 98.30’ TO THE POINT AND 
PLACE OF BEGINNING. 
CONTAINING 34,131 SQ. FT. OR 0.784 ACRES, MORE OR LESS.