21031 Ideal Tool PC Approval Package 20180821

From:Minnich, Carolyn
To:Nikolaus Matthias Lischerong; Eric Applefield; Ralph McGee
Cc:Nicholson, Bruce; Wahl, Tracy; Liggins, Shirley; Leonard, Laura; Duque, Tony; michael scott; Day, Collin
([e-mail])
Subject:21031 Ideal Tool Approval to Public Comment
Date:Tuesday, August 21, 2018 3:17:00 PM
Attachments:21031 Ideal Tool PC Approval Package 20180821.pdf
Dear Mr. Lischerong, Mr. Applefield, and Mr. McGee,
Based on acceptance by the Prospective Developer of drafts of all four required brownfields
documents -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice ofIntent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and theBrownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) in
connection with the required public notice and comment period of at least 30 days regarding thesubject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which the
brownfields property is located,
2. Conspicuously post a copy of the SNI at the brownfields property,
3. Mail or deliver the SNI to each owner of property contiguous to the brownfields property,
4. Provide a copy of the full NI to the local location where it will be available for public review as
stated in the SNI, and
5. Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits(the Brownfields Agreement, the survey plat, and the legal description), to all local governments
having jurisdiction over the brownfields property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin following completion ofthe above tasks. The NI and SNI, with a date filled in representing our belief as to how long itwill take you to complete those tasks by August 24, 2018, are attached hereto. The comment
period shall not end any sooner than 30 days after you complete the tasks.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of thepublic notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentation
shall be submitted by promptly providing to me, preferably at [e-mail] or at
Brownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:
Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the
newspaper which shows the name of the newspaper and the date of publication,
Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property,
Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners,
A letter confirming receipt of the full NI from each local government entity and the entity
where the document will be available for viewing or delivery confirmation from the carrier
confirming such receipt by these entities.
Thank you for your attention to these matters. If you have any questions or require additional
information, you may contact me.

21031/Ideal Tool (DRAFT 20180817)

1
NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Ideal Tool & Die Co. Brownfields Project Number: 21031-17-060
North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes
(“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party (”Prospective Developer”) who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than August 24,
2018, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above-referenced dates. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center
Raleigh, North Carolina 27699-1646

21031/Ideal Tool (DRAFT 20180817)

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Site Name: Ideal Tool & Die Co. Brownfields Project Number: 21031-17-060

Pursuant to NCGS § 130A-310.34, LEH NC Bank Street, LLC, as Prospective Developer, has
filed with the North Carolina Department of Environmental Quality (“DEQ”) a Notice of Intent to
Redevelop a Brownfields Property (“Property”) in Charlotte, Mecklenburg County, North Carolina. The
Brownfields Property, which is the former site of Ideal Tool & Die Co., consists of 0.513 acres and is
located at 3021 and 3029 Banks Street. Environmental contamination exists on the Brownfields Property
in soil and groundwater. LEH NC Bank Street, LLC has committed itself to office, retail, restaurant,
brewery, industrial, parking, and subject to DEQ’s prior written approval multi-family residential and
other commercial uses on the Brownfields Property. The Notice of Intent to Redevelop a Brownfields
Property includes: (1) a proposed Brownfields Agreement between DEQ and LEH NC Bank Street, LLC,
which in turn includes (a) a map showing the location of the Property, (b) a description of the
contaminants involved and their concentrations in the media of the Property, (c) the above-stated
description of the intended future use of the Brownfields Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS §
130A-310.35.

The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Charlotte-
Mecklenburg Public Library, Robinson-Spangler Carolina Room, 310 North Tryon Street, Charlotte, NC
28202, [phone]; or at the offices of the N.C. Brownfields Program, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at [e-mail], or at (919)
707-8383. The full Notice of Intent may also be viewed online at the DEQ public record database,
Laserfiche, by entering the project number 21031-17-060 into the search bar at the following web
address: http://edocs.deq.nc.gov/WasteManagement.

Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property,
and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than August 22, 2018, and will end on the later of:
a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the
latest of the three (3) above-referenced dates. All public comments and public meeting requests should
be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center Raleigh, North Carolina 27699-1646

21031/Ideal Tool (DRAFT 20180817)

1
Property Owner: Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Ideal Tool & Die Co. Brownfields Project Number: 21031-17-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat
component, have been filed this _____ day of __________________, 201__ by LEH NC Bank Street, 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 two parcels and contains approximately 0.513 acres of land located at 3021 & 3029
Bank Street in Charlotte, North Carolina (Tax Parcel Nos. 14505205 and 14505206). Planned redevelopment of
the Brownfields Property includes for office, retail, restaurant, brewery, industrial, parking, and subject to DEQ’s prior written approval multi-family residential and other commercial uses. The soil impacts are considered naturally occurring arsenic levels on the Brownfields Property. The source of groundwater
contaminants detected at the Brownfields Property is thought to be from surrounding properties and potentially
21031/Ideal Tool (DRAFT 20180817)
2
onsite historical operations. The surrounding area is commercial, residential, and educational use by Marie G. Davis Middle School Campus.

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 office, retail, restaurant, brewery,
industrial, parking, and subject to DEQ’s prior written approval multi-family residential and other commercial
uses. For purposes of this restriction, the following definitions apply:
a. “Office” is defined as the provision of business or professional services;
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;
c. “Restaurant” is defined as a commercial business establishment that prepares and serves food and beverages to patrons;
d. “Brewery” is defined as an establishment for the manufacture, sale and distribution of
21031/Ideal Tool (DRAFT 20180817)
3
beverages or food products, including without limitation beer and ale, together with associated public roadways and related infrastructure;
e. “Industrial” is defined as the assembly, fabrication, processing, warehousing or distribution of
goods or materials;
f. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed
for same;
g. “Multi-Family Residential” is defined as multi-unit human dwellings, such as condominia, or
apartments approved in writing by DEQ in advance. Single family homes, townhomes, duplexes, or other
units with yards are prohibited unless approved in writing by DEQ in advance; and
h. “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, adult care centers or schools, or multi-
family residential without the prior written approval of DEQ.
3. 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 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 Land Use Restriction No. 1 above while fully protecting public health and the environment.
4. No activity that disturbs soil on the Brownfields Property, may occur 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 above while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24”;
b. mowing and pruning of above-ground vegetation;
c. for repair of underground infrastructure, provided that DEQ shall be given written notice at
least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency
circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken and;
21031/Ideal Tool (DRAFT 20180817)
4
d. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined below in Land Use Restriction No. 7.
5. 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 below in Land Use Restriction No. 7.
6. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat, 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.
7. 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:
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 A paragraph 7 and
in Exhibit 2;
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;
8. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days
21031/Ideal Tool (DRAFT 20180817)
5
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 Section V: Work to be
Performed of Exhibit A;
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,
concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be
included).
9. 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.
10. 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) of Exhibit A,
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 (Notices and
Submissions) of Exhibit A; 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 of Exhibit A.
11. None of the contaminants known to be present in the environmental media at the Brownfields
Property, as described in Exhibit 2 of 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:
a. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
b.. in fluids in vehicles;
c. as constituents of products and materials customarily used and stored in office or retail
21031/Ideal Tool (DRAFT 20180817)
6
environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws;
d. in products or materials that are brought onto the Brownfields Property, kept in their original
packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in
the original packaging or containers.
12. 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.
14. During January of each year after the year in which the 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 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:
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. 6 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; and
d. LURU’s submitted for any portion of the Brownfields Property that contains rental units
shall include a list of tenants and their addresses for those rental units that are occupied at the time of the LURU
submittal.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official
referenced in paragraph 35.a. of Exhibit A hereto, 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.
21031/Ideal Tool (DRAFT 20180817)
7
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__.

LEH NC Bank Street, LLC

By: __________________________________________
Nikolaus M Lischerong 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: _____________________

21031/Ideal Tool (DRAFT 20180817)
8
************************************ [Only where PD is not prop. owner, also use following statement, w/ appropriate signature/notary blocks
(which depends on nature of prop. owner, e.g., LLC, corp., partnership, individual), in addition to appropriate
sig. block for PD.]
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: _____________________

21031/Ideal Tool (DRAFT 20180817)
9
************************************ 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

1
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: LEH NC Bank Street, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Ideal Tool & Die Co.
OF 1997, NCGS § 130A-310.30, et seq. ) 3021 & 3029 Bank Street
Brownfields Project No. 21031-17-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and LEH NC Bank Street, 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 3021 and 3029 Bank Street in Charlotte, Mecklenburg
County (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.
LEH NC Bank Street, LLC is a North Carolina limited liability company that was formed
on June 28, 2017. Its registered agent is McKinley Powell and its business address is 310
Arlington Avenue, Unit 402, Charlotte, NC 28203. The Brownfields Property consists of two
parcels and contains approximately 0.513 acres of land located at 3021 and 3029 Bank Street in
Charlotte, North Carolina (Tax Parcel Nos. 14505205 and 14505206). LEH NC Bank Street,
LLC intends to redevelop the Brownfields Property for office, retail, restaurant, brewery,
industrial, parking, and subject to DEQ’s prior written approval multi-family residential and
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
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
2
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of LEH NC Bank Street, LLC for contaminants at the Brownfields Property.
The Parties agree that LEH NC Bank Street, LLC’s entry into this Agreement, and the
actions undertaken by LEH NC Bank Street, LLC in accordance with the Agreement, do not
constitute an admission of any liability by LEH NC Bank Street, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit LEH
NC Bank Street, LLC shall provide to DEQ, is in the public interest.
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 LEH NC Bank Street, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises two parcels totaling 0.513 acres. Prospective
Developer has committed itself to redevelopment for no uses other than office, retail, restaurant,
brewery, industrial, parking, and subject to DEQ’s prior written approval multi-family residential
and other commercial uses.
4. The Brownfields Property is bordered to the north by Marie G. Davis Middle School
Campus, Bank Street and the site of the Rusak Brownfields Property (the subject of N.C.
Brownfields Program Project No.07020-03-060); to the east by land used for industrial use; to
the south by Foster Avenue and land used for commercial and industrial use; and to the west by
the intersection of Bank Street and Foster Avenue, land use for residential use and Marie G.
3
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
Davis Middle School Campus.
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
Brownfields Assessment Report Hart & Hickman May 3, 2018
Limited Phase II Environmental Assessment HRP Associates, Inc. May 19, 2017
Phase I Environment Assessment Report HRP Associates, Inc. April 6, 2017
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. Prior to 1938 until 1957, the Brownfields Property was undeveloped and/or
agricultural farmland. In 1951, a portion of the Brownfields Property was developed with a
drive-in movie theater. By 1956, structures on the Brownfields Property and surrounding
properties had been razed in preparation for light industrial and commercial redevelopment. In
1957, the Brownfields Property was improved with four buildings constructed of concrete slab,
brick walls and pitched metal roofing. Over time, the structures were connected and joined on
the interiors to accommodate tenant operations. The remainder of the Brownfields Property
consists of loading dock, fenced front and rear areas, and concrete parking area.
b. Operations conducted between 1957 and 1974 included fabric and rug
manufacturing, heating and air condition sales and repair, metal finishing, and warehousing. In
1974, Ideal Tool & Die Company began operations in the facility which included machining,
tooling, die casting, and molding activities. In 2017, operations ceased and the buildings are
currently vacant and unoccupied.
c. On December 22, 1990, Vance R. Deal and his wife, Louise N. Deal recorded a
NC Deed to Trust listing Ideal Tool & Die Company, Inc as the beneficiary to the Brownfields
Property. On January 20, 1997, a NC General Warranty Deed was filed that listed joint owners
4
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
for the Brownfields Property as Vance R Deal and Louise N Deal, as equal tenants in common.
d. Prospective Developer contracted to purchase the Brownfields Property on
February 24, 2017 from Vance R. Deal, Jr, and Jerry C. Deal of Huntersville, NC.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Petroleum lubricants and coolants were historically used in operations on the
Brownfields Property between 1957 and 1974. Waste oil and coolants were generated upon
draining machinery for sale. Additional petroleum lubricants were used while Ideal Tool & Die
Company operated on the Brownfields Property.
b. In May 2017, HRP conducted a limited soil and groundwater investigation on
the Brownfields Property. Soil and groundwater samples were collected and analyzed for
volatile organic compounds (VOCs), semi volatile organic compounds (SVOCs), Priority
Pollutant Metals, and Polychlorinated Biphenyls (PCBs). Analytical results for soils indicated
compounds in concentrations below NCDEQ Inactive Hazardous Site Branch (IHSB) Residential
Preliminary Soil Remediation Goals (PSRGs) except for one location where Arsenic was
detected at 4.6 mg/kg, which is considered to be naturally occurring on the Brownfields
Property. Analytical results for groundwater indicated concentrations of Total Chromium,
Carbon Tetrachloride, 1,2-Dichloropropane, Tetrachloroethylene (PCE), and Trichloroethylene
(TCE) at levels exceeding the 15A NCAC 2L Groundwater Standards (2L Standards).
Concentrations of TCE were above the NCDEQ Non-Residential Vapor Intrusion Groundwater
Screening Level (VISL). No concentrations of PCBs were detected above laboratory reporting
limits in soil or groundwater. The source of groundwater contaminants detected at the
Brownfields Property is thought to be from surrounding properties and potentially from onsite
historical operations at the Brownfields Property.
5
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
.
c. In February 2018, additional assessment activities for soil, sub-slab vapor and
indoor air were conducted by Hart & Hickman to further assess the Brownfields Property in
advance of its redevelopment.
1. Four shallow soils samples were collected in an area of planned soft
scape improvements and were analyzed for VOCs, SVOCs, PCBs, and RCRA Metals plus
hexavalent chromium. Analytical results indicated no exceedances above Non-Residential IHSB
PSRGs.
2. Five co-located sub-slab vapor and indoor air sample were collected to
evaluate the potential for structural vapor intrusion from impacts detected in groundwater. Sub-
slab vapor samples were collected and analyzed for VOCs by EPA Method TO-15. The sub-slab
vapor analytical results detected several VOCs above laboratory reporting limits, but no
compound concentrations were detected above Residential or Non-Residential VISLs. The
indoor air analytical results indicated the presence of compounds in concentrations above
Residential VISLs, but none of the compounds exceeded Non-Residential VISLs. Because no
compounds were detected in sub-slab soil gas samples at concentrations exceeding the VISLs,
the compound concentrations detected above the VISLs in indoor air samples are thought to be
from an indoor or background source and not from a completed vapor intrusion pathway into
existing buildings on the Brownfields property.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on February 9, 2018. 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
6
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, and preparing and
submitting to DEQ a Brownfields Property Application (“BPA”) dated June 16, 2017. The
current owners are Vance R. Deal and Jerry C. Deal. On February 24, 2017, Prospective
Developer contracted to purchase the Brownfields Property from the Deal Family.
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
requirements.
11. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
7
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice 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. a return to productive use of the Brownfields Property;
b. the creation of 25 jobs during construction and 18-20 permanent jobs after
completion;
c. an increase in tax revenue for affected jurisdictions;
d. additional retail, office, and commercial space for the area;
e. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
f. “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,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
8
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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 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”) or Living Environmental Management Plan (“LEMP”) 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 office, retail,
restaurant, brewery, industrial, parking, and subject to DEQ’s prior written approval multi-family
residential and other commercial uses. For purposes of this restriction, the following definitions
apply:
i. “Office” is defined as the provision of business or professional services;
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;
iii. “Restaurant” is defined as a commercial business establishment that
prepares and serves food and beverages to patrons;
9
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
iv. “Brewery” 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;
v. “Industrial” is defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials;
vi. “Parking” is defined as the temporary accommodation of motor
vehicles in an area designed for same;
vii. “Multi-Family Residential” is defined as multi-unit human dwellings,
such as condominia, or apartments approved in writing by DEQ in advance. Single family
homes, townhomes, duplexes, or other units with yards are prohibited unless approved in
writing by DEQ in advance; and
viii. “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, adult care centers or
schools, or multi-family residential without the prior written approval of DEQ.
c. 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 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
10
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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.
d. No activity that disturbs soil on the Brownfields Property, may occur 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, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined below in subparagraph 15.g.
e. 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 below in subparagraph 15.g.
f. No enclosed building may be constructed on the Brownfields Property and no
11
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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
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.
g. 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:
12
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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 above in
paragraph 7 and in Exhibit 2;
iii. 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
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
h. Within 90 days after each one-year anniversary of the effective date of this
Agreement 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 Section
V: Work to be Performed 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
13
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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).
i. 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.
j. 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 may use the following mechanisms to comply with the 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.
k. 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
14
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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.. in fluids in vehicles;
iii. as constituents of products and materials customarily used and stored
in office or retail environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws;
iv. in products or materials that are brought onto the Brownfields Property,
kept in their original packaging or containers (that is, not used or repackaged) and later removed
from the Brownfields Property in the original packaging or containers.
1. 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.
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
15
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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.f 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.
iv. LURU’s submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses for those rental units that
are occupied at the time of the LURU submittal.
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.
16
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.i. 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
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.
17
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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
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
18
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.
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 Brownfields Property Application dated June 16, 2017 by which it applied for this
Agreement. That use is office, retail, restaurant, brewery, industrial, parking, and subject to
DEQ’s prior written approval multi-family residential and 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.
19
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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
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
20
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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
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
21
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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
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 upon reasonable notice 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
22
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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 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 is found to have failed 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:
23
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
Carolyn Minnich (or successor in function) N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:

Nikolaus M. Lischerong (or successor in function)
LEH NC Bank, LLC
310 Arlington Avenue, Suite 402 Charlotte, NC 28203

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 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). However, pursuant to this Agreement, DEQ
has the right to revoke its approval and certification of this Agreement, and invalidate its
signature on this Agreement only if the Agreement is not signed by Prospective Developer on or
before December 31, 2018.
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
24
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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
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
25
21031-17-060/Ideal Tool & Die (DRAFT 20180817)
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:
LEH NC Bank, LLC
By:
____________________________________________________________________________
Nikolaus M Lischerong Date
Title typed or printed:

0 2000 4000
APPROXIMATE
SCALE IN FEETN
U.S.G.S. QUADRANGLE MAP
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
CHARLOTTE WEST, NORTH CAROLINA 1996
TITLE
PROJECT
SITE LOCATION MAP
IDEAL TOOL & DIE COMPANY3021 & 3029 BANK STREETCHARLOTTE, NORTH CAROLINA
DATE:
JOB NO:
REVISION NO:
FIGURE:
4-24-18 0
1LEH-001
SITE

21031/Ideal Tool

1
Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental Reports occurred on February 9, 2018. The following tables set forth, for contaminants present at the Brownfields 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 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
(µg/L)
2L Standard
(µg/L)
Carbon tetrachloride TMW-7 05/02/2017 12.0 0.3
1, 2- Dichloropropane TMW-4 05/02/2017 1.0 0.6 TMW-7 05/02/2017 1.3
Tetrachloroethene
TMW-1 05/02/2017 3.5
0.7 TMW-4 05/02/2017 5.3
TMW-7 05/02/2017 8.5
Trichloroethene
TMW-1 05/02/2017 5.6
3 TMW-4 05/02/2017 13.0
TMW-7 05/02/2017 9.3
Benzo(a)anthracene TMW-7 05/02/2017 0.86 J 0.05
Chromium TMW-4 05/02/2017 12.8 10
Iron
TMW-1 05/02/2017 2,840
300 TMW-4 05/02/2017 5,450
TMW-7 05/02/2017 4,680
J = compound detected above laboratory method detection limit, but below the laboratory reporting limit
resulting in a laboratory estimated concentration

21031/Ideal Tool

2

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 Non-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
(µg/L)
Non-Residential
VI Screening
Level1
(µg/L)
Trichloroethylene
TMW-1 05/02/2017 5.6
4.4 TMW-4 05/02/2017 13.0
TMW-7 05/02/2017 9.3

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.

SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening
levels for which are derived from the Preliminary Industrial/Commercial Health-Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (February
2018 version):
Soil
Contaminant Sample
Location Depth
(ft) Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Industrial/Commercial
Use Screening Level1
(mg/kg)
Arsenic SB-4 5-6 05/02/2017 4.6 J* 3
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.
J = compound detected above laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration
*Concentration believed to represent naturally occurring background level of metal in soil.

THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY ________LOCATED IN A SPECIAL FLOOD HAZARD AREA ACCORDING TOTHE CURRENT FLOOD INSURANCE RATE MAP.COMMUNITY/PANEL: __________________________EFFECTIVE DATE:_____________________________FLOOD ZONE: ________________________________5+6'THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOTTEOR MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOTREQUIRE THE APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNINGCOMMISSION. HOWEVER, ANY FURTHER SUBDIVISION OF THIS PROPERTYMAY BE SUBJECT TO THESE PROVISIONS.CHARLOTTE-MECKLENBURG PLANNING COMMISSION___________________________________________________________PLANNING COMMISSION STAFF DATE01657$,'%661I, ___________________________REVIEW OFFICER OF MECKLENBURG COUNTY,CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXEDMEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.____________________________________________________________REVIEW OFFICER DATE4'8+'91((+%'4I, JAMES P. CAMERON, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MYSUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION(DESCRIPTION RECORDED IN DEED BOOK 9068, PAGE 524 AND DEED BOOK 3876,PAGE 170); THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWNFROM INFORMATION AS SHOWN ON THE FACE OF THE SURVEY; THAT THE RATIOOF PRECISION OR POSITIONAL ACCURACY IS 1:10,000+; AND THAT THIS MAPMEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LANDSURVEYING IN NORTH CAROLINA (21 NCAC 56.1600). THAT THIS PLAT WASPREPARED IN ACCORDANCE WITH N.C.G.S. 47-30 AS AMENDED.THIS 19th DAY OF JUNE, 2018. SIGNED:____________________________________ JAMES P. CAMERON - PLS NO: L-3665/10+614+0)5;/$1..')'0&
THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY ________LOCATED IN A SPECIAL FLOOD HAZARD AREA ACCORDING TOTHE CURRENT FLOOD INSURANCE RATE MAP.COMMUNITY/PANEL: __________________________EFFECTIVE DATE:_____________________________FLOOD ZONE: ________________________________5+6'THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOTTEOR MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOTREQUIRE THE APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNINGCOMMISSION. HOWEVER, ANY FURTHER SUBDIVISION OF THIS PROPERTYMAY BE SUBJECT TO THESE PROVISIONS.CHARLOTTE-MECKLENBURG PLANNING COMMISSION___________________________________________________________PLANNING COMMISSION STAFF DATE01657$,'%661I, ___________________________REVIEW OFFICER OF MECKLENBURG COUNTY,CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXEDMEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.____________________________________________________________REVIEW OFFICER DATE4'8+'91((+%'4I, JAMES P. CAMERON, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MYSUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION(DESCRIPTION RECORDED IN DEED BOOK 9068, PAGE 524 AND DEED BOOK 3876,PAGE 170); THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWNFROM INFORMATION AS SHOWN ON THE FACE OF THE SURVEY; THAT THE RATIOOF PRECISION OR POSITIONAL ACCURACY IS 1:10,000+; AND THAT THIS MAPMEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LANDSURVEYING IN NORTH CAROLINA (21 NCAC 56.1600). THIS PLAT WAS PREPARED INACCORDANCE WITH N.C.G.S. 47-30 AS AMENDED.THIS 19th DAY OF JUNE, 2018. SIGNED:____________________________________ JAMES P. CAMERON - PLS NO: L-3665/10+614+0)5;/$1..')'0&
Exhibit C LEGAL DESCRIPTION

Site Name: Ideal Tool & Die Co.
Brownfields Project Number: 21031-17-060

AS-SURVEYED LEGAL DESCRIPTION
That certain tract or parcel of land situated, lying and being in the City of Charlotte, Mecklenburg County,
North Carolina, and being more particularly described as follows: BEGINNING at a new iron rod on the easterly margin of the right-of-way of Bank Street (50-foot public
right-of-way), said iron being located North 33°50'19" East a distance of 20.03 feet from an existing iron rod at the point of intersection, if extended in straight lines, of the easterly margin of the right-of-way of
Bank Street with the northerly margin of the right-of-way of Foster Avenue (50-foot public right-of-way),
and runs thence from said BEGINNING point with the easterly margin of the right-of-way of Bank Street North 33°50'19" East a distance of 159.48 feet to an existing iron rod at the southwesterly corner of the
Bank St. Properties, LLC tract as described in Deed Book 31192, Page 319 of the Mecklenburg County
Public Registry; thence with the southerly line of Bank St. Properties, LLC South 56°15'12" East a distance of 124.95 feet to a new nail; thence with another line of the Bank St. Properties, LLC tract, and
continuing with the westerly line of the Park Avenue Partners LLC property as described in Deed Book 23876, Page 813 of said Registry, South 33°50'19" West a distance of 179.51 feet to an existing iron rod on the northerly margin of the right-of-way of Foster Avenue; thence with the northerly margin of the
right-of-way of Foster Avenue the following two (2) courses and distances: 1.) North 56°15'12" West a distance of 104.91 feet to a new iron rod; 2.) with the arc of a circular curve to the right having a radius of 20.00 feet for an arc distance of 31.45 feet (chord: North 11°12'26" West 28.31 feet) to the point and
place of BEGINNING; containing 22,343 square feet or 0.513 acre, more or less, as shown on a survey prepared by James Mauney and Associates, P.A., dated May 16, 2018 (Map File F-1850), and being all of Lots 1 through 3 and part of Lot 4, Block 4, Map of Brookdale: Revised, as recorded in Map Book 6,
Page 27 of the Mecklenburg County Public Registry.