14036_Andale_recorded NBP_20120215

WOMBLE One Wachovia Center
301 South College Street
CARLYLE Suite 3500
SANDRIDGE Charlotte, NC 28202 -6037 Bruce A. Buckley
& RICE Telephone : ( 704 ) 331 -4900 Telephone : (704) 331 -4952
Fax : (704) 331 -4955 Facsimile : (704) 338 -7856
A PROFESSIONAL LIMITED WWW.wcsr. Corn Email : bbuckley@wcsr. com
LIABILITY COMPANY
February 16, 2012
Ms . Shirley Liggins
N . C . Division of Waste Management ��
Brownfields Program
Mail Service Center 1646
Raleigh, NC 276994646
Re : Conclusion of Brownfields Agreement Process
Andale Brownfields Project
1271 Old Caroleen Road
Forest City, Rutherford County
Brownfields Project Number 1403640 - 81
Dear Ms . Liggins :
We have enclosed for your records (a) a copy of the recorded Notice of Brownfields
Property, which includes a certification by the Register of Deeds and with the recording
information noted (recorded February 15 , 2012 in Book 1038 , Page 120 , Rutherford County
Registry) , (b) a copy of three (3 ) recorded Plats with the recording information noted (recorded
February 15 , 2012 in Plat Book 33 , Pages 18 , 19 and 20) , and (c) a copy of the receipt from the
Register of Deeds that also confirms the recording information for these items .
Very truly yours ,
WOMBLE CARLYLE SANDRIDGE & RICE
A Limited Liability Partnership
ruce A . Buckl y
BAB J eb
Enclosures
cc : Robert R. Gelblum (email, w/o copy of plats)
Bruce Nicholson, DENR (email , w/o copy of plats)
Brad Atkinson, DENR (email, w/o copy of plats)
Susan Cooper
GEORGIA / SOUTH CAROLINA j NORTH CAROLINA / VIRGINIA / WASHINGTON , D . C . / MARYLAND / DELAWARE
WCSR 7141995v1

FILED IN THE
REGISTER OF DEEDS OFFICE
RUTHERFORD COUNTY, NC
BOOK r2� PAGE I rL
DATE S is / TIME .31' / 6
Prepared by/Mail to : Womble Carlyle Sandridge & Rice, LLP
Property Owner: Andale , Inc .
Attention: Susan Cooper
Recorded in Book ^ : r, Page ) , 0 One Wells Fargo Center, Suite 3500
Associated plat recorded in Plat Book, Page (' 301 S . College Street
Charlotte, NC 28202
NOTICE OF BROWNFIELDS PROPERTY
This documentary component�9f a Notice of Brownfields Property ("Notice" ) , as well as the plat
component, have been filed this �t day of `r t t , 2012 by Andale, Inc. (hereinafter
"Prospective Developer") .
The Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environment and Natural
Resources (hereinafter "DENR" ) 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 (hereinafter "NCGS ") ,
Section (hereinafter " § " ) 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 (hereinafter the
"Brownfields Property") being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A,
Article 9 , Part 5 (hereinafter the "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 DENR' s approval of the Notice or Prospective
Developer' s entry into the Brownfields Agreement required by the Act, whichever is later. Pursuant to
NCGS § 130A-310 .35 (c) , the copy of the Notice certified by DENR 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
Prospective Developer' s name.
The Brownfields Property comprises approximately 153 acres at the southeast corner of the intersection of
Old Caroleen Road and U . S . Highway 74 in Forest City, North Carolina. Its addresses are 1181 / 1185 and
1271 / 1291 Old Caroleen Road. Volatile organic compound contamination exists at the Brownfields Property, which
is the former site of Burlington Industries , Inc . ' s J . C . Cowan facility . Prospective Developer plans to redevelop the
Brownfields Property for use as a data center. Other_ uses may include light manufacturing and warehousing, other
commercial purposes and mixed use if DENR issues prior written approval, open space, a Forest City sewer pump
station, a Duke Energy electrical substation, and other utilities .
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The Brownfields Agreement between Prospective Developer and DENR 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 .
Exhibit B to this Notice is a reduction, to 8 1 /2 " x 11 of the plat component of this Notice . The
plat shows areas designated by DENR, has been prepared and certified by a professional land surveyor, 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 in excess of applicable standards and screening levels .
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 DENR (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 DENR 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 Property other than for data center, light manufacturing and
warehousing purposes (and other commercial purposes and mixed use if DENR issues prior written
approval) , open space, ForestCity ' s sewer pump station, the Duke Energy electrical substation appearing on
the plat component of this Notice, and other utilities . Within the meaning of this restriction , the following
definitions apply :
a. "Data center" refers to a centralized repository for the storage, management and
dissemination of data and information, along with associated office, maintenance and support facilities .
b . "Light Manufacturing" refers to the indoor assembly, fabrication or processing of goods
and materials , including electronic products , using processes that do not create legally noncompliant noise, .
smoke, fumes , odors , glare, or health or safety hazards outdoors , and involving outdoor storage of related
goods and material that does not exceed 25 percent of the floor area of all buildings on the Property. Any
process water or wastewater .generated at a light manufacturing facility must be managed in compliance with
all applicable laws.
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C. "Warehousing" refers to the storage and distribution of products for a business or other
enterprise, in conformance with Land Use Restriction 5 below. .
d. " Commercial" refers to a business enterprise with associated office, maintenance and
support facilities . -
e. "Mixed use" refers to intetyratinly, commercial and residential use.
f. " ® pen space" refers to land maintained in a natural or landscaped state and used for active
or passive recreational purposes , natural resource protection, buffers , �Yreenways and/or detention facilities
for stormwater.
2 . Surface water and groundwater at the Property may not be used for any purpose without the prior
written approval of DENR.
3 . Soil disturbances must be handled in accordance with an approved Soil Management Plan
including any subsequent DENR approved modifications to that plan .
4 . Excluding the buildings designated "Building 1 , " "Building 2 " and "Building 3 " on the plat
component of this Notice, no building may be constructed on the Property unless DENR has determined in
writing whether it would lie within 100 feet of any volatile organic contaminant plume. If DENR determines
that it would lie within said zone, it may not be constructed unless:
a. DENR determines in writing, based on submittals from the buildin6' s proponent, that the
plume(s ) in question would not pose an unacceptable risk to the buildinLy' s users or public health and the
environment; or
b . vapor mitigation measures approved in writing by DENR in advance are installed to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer' s seal,
illustrative photographs and a brief narrative description of these measures ' implementation.
5 . None of the contaminants known to be present in the environmental media at the Property,
including those appearing in Exhibit A ' s Exhibit 2 , may be used or stored at the Property without the prior
written approval of DENR, except in de minimis amounts for cleaning and other routine housekeeping
activities and except in stored fuels , including diesel or other fuel used in generators .
6 . The Property may not be used as an outdoor playground or for child care centers without DENR' s
prior written approval.
7 . No athletic field may be constructed on the Property without prior written approval from DENR.
8 . No mining may be conducted on or under the Property without prior written approval from
DENR.
9 . The owner of any portion of the Property where any existing, or subsequently installed , DENR-
approved monitoring well is damaged shall be responsible for repair of any such wells to DENR' s written
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satisfaction and within a time, period acceptable to DENR.
10 . Neither DENR nor any party conducting environmental assessment or remediation at the
Property at the direction of, or pursuant to a permit, order or agyreement issued by, or entered into with ,
DENR may be denied access to the Property for purposes of conductinZ such environmental assessment or
remediation , which is to be conducted using reasonable efforts to minimize interference with authorized uses
of the Property and by providing at least five (5) days prior written notice of the timing and scope of such
environmental assessment and remediation, except reLyarding hazards DENR deems imminent and situations
DENR determines require an emergency response. The access allowed by this restriction shall not be
interpreted to include access to proprietary and confidential information , including without limitation
information from or maintained on Prospective Developer ' s clients or customers , trade secrets , business
technology, customer databases , business plans and promotional and marketing activities , so long as such
interpretation does not limit the access for environmental assessment or remediation allowed in this
restriction .
11 . DurinLT January of each year after the year in which this Notice is recorded, the owner of any part
of the Property as of January 1 " of that year shall submit a notarized Land Use Restrictions Update
("LUAU") to DENR, and to the chief public health and environmental officials of Rutherford County,
certifying that, as of said January lst, the Notice of Brownfields Property remains recorded at the Rutherford
County Register of Deeds office and that the land use restrictions are being complied with . The LURU shall
also state •
a. the name, mailing address , telephone and facsimile numbers , and contact person ' s a-mail
address of the owner submitting the LURU if said owner acquired any part of the 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 Property during the previous calendar
year; and
C. whether any vapor mitigation measures installed pursuant to Land Use Restriction 4 . b .
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.
For purposes of the land use restrictions set forth above, the DENR point of contact shaU be the DENR
official referenced in paragraph 34 . 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 DENR
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 DENR (or its successor in
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function) , or his/her delegate, shall be subject to enforcement by DENR 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 §
13 OA- 310 . 3 5 (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 ,�„ r��-� °� , 2012 .
Andale, Inc .
By :
Tho as Furlong
Vice President
STATE :
COUNTY :
I certify that the following person(F) 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 :
-Lwb` ) cl
Date :
DANIIO MAYORGA JR. Official Signature o 1Vota7y
Commission # t ®50720
Notary Public - California zi
41 z Contra Costa County >
M Comm. Ex Iras Ma 24120t3 + Notary ' s printed or typed n e, Notary Public
Of icia ea Iv1y commission expires :
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
The foregoing Notice . of Brownfields Property is hereby approved and certified.
North Carolina Departm nt of Environment and Natural Resources
BY : k F6 hA3 a ® ia
Linda M. Culpepper Date
Deputy Director, Division of Waste Management
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CERTIFICATION OF REGISTER OF DEEDS
The foregoing documentary component of the Notice of Brownfields Property, and the associated plat, are
certified to be duly recorded at the date and time , and in the Books and Pages , shown on the first page hereof.
Regis r of Deeds for therford County
By:
Name typed or printed : Date
Deputy/Aim Register of Deeds
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Exhibit A
See attached Brownfields Agreement

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
IN THE MATTER OF : Andale, Inc .
I
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re :
BROWNFIELDS PROPERTY REUSE ACT ) Andale Site
OF 1997 , N . C . G . S . § 130A- 310 . 30 , et seq. ) 1271 Old Caroleen Road
Brownfields Project # 14036- 10 - 81 ) Forest City, Rutherford County
I . INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environment and Natural Resources ("DENR") and Andale, Inc . (collectively the
" Parties " ) pursuant to the Brownfields Property Reuse Act of 1997 , N . C . G . S . § 130A-310 . 30 , et
sue. (the "Act") ,
Andale, Inc . is a Delaware corporation formed on February 19 , 2010 . Its mailing
address is 1601 South California, Palo Alto , California, 94304 . Andale , Inc . was formerly
known as Andale, LLC (a Delaware limited liability company) until the conversion of Andale,
LLC to Andale, Inc . under Delaware law pursuant to a Certificate of Conversion filed in the
Delaware Secretary of State ' s Office on December 29 , 2010 , a copy of which is recorded in
Book 14 , Page 182 of the Rutherford County Register of Deeds office .
This Agreement concerns acreage in Forest City, Rutherford County, North Carolina.
The acreage was partially developed at the time of application to DENR' s Brownfields Program
with a vacant Burlington Industries, Inc . textile facility. A map showing the location of the
subject land is attached hereto as Exhibit 1 .
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 (DENR' s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer' s Covenant Not to Sue) , the

potential liability of Andale, Inc . for contaminants at the property which is the subject of this
Agreement.
The Parties agree that Andale , Inc . ' s entry into this Agreement, and the actions
undertaken by Andale, Inc . in accordance with the Agreement, do not constitute an admission of
any liability by Andale, Inc .
The resolution of this potential liability, in exchange for the benefit Andale, Inc . shall
provide to DENR, is in the public interest.
II . DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Actor elsewhere in N . C . G . So 130A, Article 9 " shall have the meaning assigned to
them in those statutory provisions , including any amendments thereto .
1 . "Property" shall mean the Brownfields Property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2 . "Prospective Developer " shall mean Andale, Inc .
III. STATEMENT OF FACTS
3 . The Property comprises approximately 153 acres at the southeast corner of the
intersection of Old Caroleen Road and U . S . Highway 74 in Forest City, North Carolina, having
addresses of 1181 / 1185 and 1271 / 1291 Old Caroleen Road, with associated current tax parcel
identification numbers 1647936 , 1647937 , 429797 and 1644625 . Certain of the prior tax parcel
identification numbers associated with part of the Property ( 1644624 ; 1638126 ; 1638125 ;
1638123 ; 1638122 ; 1638121 ; 1638131 ; 1638130 ; 1638129 1642932 ; 1642933 ) are obsolete and
have been replaced by the current tax parcel identification numbers 1647936 and 1647937 .
2

Within the boundaries of the Property, but not part of the Property, is a 1 . 01 -acre parcel of land,
for which an electric utility facility has been proposed, that was acquired by Duke Energy
Carolinas, LLC ("Duke Energy") from Prospective Developer by deed dated December 23 , 2011
and recorded December 27 , 2011 in Book 1035 , Page 223 at the Rutherford County Register of
Deeds office . The Properly was acquired by Prospective Developer by deeds recorded in
November 2010 in Book 1013 , Page 807 , and Book 1013 , Page 817 at the Rutherford County
Register of Deeds office, and by deeds recorded in December 2011 in Book 1035 , Page 216 and
Book 1035 , Page 220 at said office . The Prospective Developer wishes to redevelop the
Property as allowed by paragraph 15 below.
4 . The Property is bordered to the north by Highway 74 , beyond which lies forested land;
to the south by residential property, to the east by the Second Broad River, beyond which lies
forested land; and to the west by Old Caroleen Road, beyond which lies land in residential and
commercial use .
5 . Prospective Developer obtained or commissioned the following reports , referred to
hereinafter as the "Environmental Reports , " regarding the Property :
Title Prepared By Date of Report
Underground Storage Tank Closure Assessment, Aquaterra, Inc . January 22, 1990
Burlington Industries-J . C . Cowan Site, Forest City,
North Carolina
Phase I Environmental Site Assessment, Burlington Waters Edge May 7 , 2002
Industries, Inc ., J . C . Cowan Facility, Forest City, North Environmental, LLC .
Carolina
Phase I, Environmental Site Assessment, Proposed Leonhardt January 15 , 2003
Tracker Marine Manufacturing Site, Forest City, North Environmental
Carolina
Report of Limited Environmental Services , Former Mid-Atlantic February 13 , 2003
Burlington Industries Site, Old Caroleen Road, Forest Associates , Inc .
City, Rutherford County, North Carolina
- 3

Soil Remediation and Sampling Report, Former Mid-Atlantic April 22, 2003
Burlington Industries Site, Old Caroleen Road, Forest Associates, Inc .
City, Rutherford County, North Carolina
Jurisdictional Wetlands and Waters of the U. S . S &ME, Inc . July 7, 2004
Delineation, 70 -Acre Property, U. S . Highway 74 and
Old Caroleen Road, Forest City, North Carolina
Phase I Environmental Site Assessment, 70-Acre S &ME, Inc . July 7 , 2004
Property, U . S . Highway 74 and Old Caroleen Road,
Forest City, North Carolina
Report of Groundwater Sampling and Laboratory MACTEC Engineering March 11 , 2005
Analysis , Tracker Marine Facility, Caroleen Road, and Consulting
Rutherford County, North Carolina
Phase I Environmental Site Assessment, 1181 Old Leonhardt April 30 , 2009
Caroleen Road, Former Mako Marine Facility, Forest Environmental
City, North Carolina,
Limited Subsurface Investigation, Former Tracker S &ME, Inc . May 20 , 2009
Marine Facility, Old Caroleen Road, Forest City,
Rutherford County, North Carolina
Monitoring Well Installation and Sampling Report, TW- S &ME, Inc . August 31 , 2009
1 , Former Tracker Marine Facility, Old Caroleen Road,
Forest City, North Carolina
Limited Groundwater Assessment Report, Former Mid-Atlantic December 15 , 2009
Burlington Industries Facility, Waste Water Treatment Associates, Inc .
Lagoons , Forest City, North Carolina
Phase I Environmental Site Assessment, Industrial Park Leonhardt May 21 , 2010
Site, Forest City, North Carolina Environmental
Assessment of Asbestos Containing Materials, Former Leonhardt July 19 , 2010
Burlington Industries and Mako Marine Building, Forest Environmental
City, North Carolina
Year 4 Annual Monitoring, Dwarf-Flowered Heartleaf S &ME, Inc . July 19 , 2010
Transplants , Rutherford County 74 Corporate Center,
Forest City, North Carolina
Phase I Environmental Site Assessment of Environ International September 2010
Approximately 160 Acres of Developed and Corporation
Vacant/Wooded Land, U. S . Highway 74 and Old
Caroleen Road, Forest City, North Carolina
Focused Phase H Site Assessment Report, Property at Environ International October 6 , 2010
US Highway 74 and Old Caroleen Road, Forest City, Corporation
North Carolina
Brownfields Application Summary of Investigations, Environ International June , 2011
Forest City, North Carolina Corporation
Review of Arsenic Concentrations Environ International June 10 , 2011
Corporation
Former WWTP Lagoons — Investigation and Environ International July 11 , 2011
Remediation Corporation
4

Vapor Intrusion Evaluation — Future Building Pad Environ International July, 2011
Corporation
Vapor Intrusion Evaluation — Building 1 Environ International July, 2011
Corporation
UST Confirmation Sampling Results Environ International August 11 , 2011
Corporation
Former AST Area — Investigation and Remediation Environ International August 5 , 2011
Activities Corporation
Vapor Intrusion Evaluation — Future Building Pad Environ International August 23 , 2011
(supplemental letter report) Corporation
6 . For purposes of this Agreement and based on the Environmental Reports , DENR
relies on the following representations by Prospective Developer, made to the best of its
knowledge, as to use and ownership of the Property :
a. The Property was in forested and agricultural use in 1966 when Burlington
Industries, Inc . purchased the majority of the Property and constructed a textile facility .
Burlington Industries , Inc . used the facility primarily for the dying of fabrics until they ceased
operating at the site in March 1999 .
b . Rutherford County purchased the majority of the Property in 2002 from
Burlington Industries , Inc . and began seeking tenants to occupy the idle facility .
C . In 2003 , Mako Marine (also known as Tracker Marine) leased the northern
portion of the Property from Rutherford County and began manufacturing fiberglass boats in the
former Burlington Industries , Inc . building . Mako ceased operations in 2009 .
d. Prospective Developer purchased all but the portion of the Property referenced
in the next subparagraph by deeds recorded on November 12 , 2010 for the purpose of
constructing new data center facilities . Prospective Developer contracted to demolish the former
Burlington Industries , Inc . facility and to construct the new data center facilities .
5

e . A 0 .212 -acre parcel of land that is part of the Property was conveyed, by deed
recorded November 8 , 2007 , to Duke Energy by Rutherford County . Duke - Energy constructed
and operated a now-demolished electrical substation there . That parcel was transferred by Duke
Energy to Prospective Developer by deeds recorded, in December 2011 , in Book 1035 , Page 216
and Book 1035 , Page 220 at the Rutherford County Register of Deeds office .
f. Duke Energy and Rutherford County entered into two (2) Right-of- Way
Agreements regarding the Property in 2007 for electric transmission purposes . In a May 2011
Easement and Right-of-Way Agreement, Prospective Developer granted Duke Energy an
easement to construct and access a since built electrical substation on the Property for provision,
at this point, of electrical power to Prospective Developer. In December 2011 , Prospective
Developer conveyed to Duke Energy the 1 . 01 -acre parcel referenced in paragraph 3 above for a
future electrical utility facility to be located just to the east of the existing one , and an easement
and right of way for access and utility lines relating to said parcel .
g. Forest City has an easement on the Property to own and operate a sewer pump
station.
h. Prospective Developer was formerly known as Andale , LLC (a Delaware
limited liability company) until the conversion of Andale, LLC to Andale , Inc . under Delaware
law pursuant to a Certificate of Conversion filed in the Office of the Delaware Secretary of State
on December 29 , 2010 , a copy of which is recorded in Book 14 , Page 182 at the Rutherford
County Register of Deeds office .
7 . Pertinent environmental information regarding the Property includes the following :
a. Volatile organic compounds are known to exist at the Property .
6

b . Data tables reflectingthe concentrations of and other information regarding
g g
regulated substances and contaminants detected _ at the Property in excess of applicable standards
and screening levels appear in Exhibit 2 to this Agreement. Information regarding contaminants
found at the Property below unrestricted use standards or screening levels appears in the
Environmental Reports .
8 . For purposes of this Agreement DENR relies on Prospective Developer ' s
representations that the involvement of Prospective Developer with the Property has been limited
to obtaining or commissioning the Environmental Reports , preparing and submitting to DENR a
Brownfields Property Application dated October 18 , 2010 , purchasing the Property by deeds
recorded on November 12 , 2010 , and the following :
a. Prospective Developer demolished previously existing structures for the future
construction of data centers with associated office , maintenance and support facilities .
b . Prospective Developer instituted an Environmental Monitoring Program,
through Environ International Corporation in 2011 , to further investigate contaminants at the
Property .
C . Prospective Developer performed various other work at the Property as further
described in the above-referenced Environmental Reports .
d. Prospective Developer developed a portion of the southeast part of the
Property for its new data center, which included, among other work, obtaining permits , wetlands
delineation, and stormwater control .
9 . Prospective Developer has provided DENR with information, or sworn certifications
regarding that information on which DENR relies for purposes of this Agreement, sufficient to
7

i
demonstrate that:
i
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 N. C . G. S . § 130A-
310 . 32 (a)( 1 ) ;
b . as a result of the implementation of this Agreement, the 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 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 Property; and
e . Prospective Developer has complied with all applicable procedural
requirements .
10 . The Parties agree that a $ 30 , 000 "Redevelopment Now" fee that Prospective
Developer paid to DENR suffices as the $2 , 000 fee to seek a brownfields agreement required by
N . C . G. S . § 130A-310 . 39 (a)( 1 ) plus, within the meaning of N . C . G . S . § 130A- 310 . 39(a)(2) , the
full cost to DENR and the North Carolina Department of Justice of all activities related to this
Agreement.
IV . BENEFIT TO COMMUNITY
11 . The redevelopment of the Property proposed herein would provide the following
public benefits :
8

a. a return to productive use of the Property
b : a spur to additional community redevelopment
c . approximately 400 construction jobs and 50 ongoing jobs ;
d. tax revenue for affected jurisdictions ; and
£ "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
12 . Within 30 days after the effective date of this Agreement, Prospective Developer
shall submit to DENR a proposal to abandon (on a schedule and in accordance with Subchapter
2C of Title 15A of the North Carolina Administrative Code) each groundwater monitoring well,
injection well , recovery well and piezometer at the Property, and any other man-made points of
groundwater access there . Prospective Developer shall comply with the plan, including any
revisions required by DENR, and shall, within 30 days after doing so , provide DENR a report,
subject to DENR approval, setting forth the procedures and results . Subparagraph 15 . i shall
apply to man-made points of groundwater access remaining thereafter.
13 . 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 (DENR' s Covenant Not to Sue and Reservation of Rights) , DENR is not requiring
Prospective Developer to perform any active remediation at the Property .
14 . Prior to employees ' occupation of the buildings designated "Building 2" and
"Building 3 " on the plat component of the Notice referenced in paragraph 20 below, Prospective
Developer shall install in said buildings the DENR-approved pressure monitoring system
9

involving sensors that was described in a November 17 , 2011 letter from Environ International
Corporation to the DENR official referenced in paragraph 34 . a. below. Said system and sensors
shall be installed to the satisfaction of a professional engineer licensed in North Carolina, as
evidenced by said engineer ' s seal, illustrative photographs and a brief narrative description of
their installation. Prospective Developer shall comply with the DENR-approved monitoring and
reporting requirements set forth in the subject November 17 , 2011 letter.
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 Property suitable for the uses specified in this Agreement while fully
protecting public health and the environment. All references to DENR shall be understood to
include any successor in function.
a. No use may be made of the Property other than for data center, light
manufacturing and warehousing purposes (and other commercial purposes and mixed use if
DENR issues prior written approval) , open space, Forest City ' s sewer pump station, the Duke
Energy electrical substation appearing on the plat component of the Notice referenced below in
paragraph 20 below, and other utilities . Within the meaning of this restriction, the following
definitions apply :
i. "Data center" refers to a centralized repository for the storage,
management and dissemination of data and information, along with associated office,
maintenance and support facilities .
ii . "Light Manufacturing" refers to the indoor assembly, fabrication or
processing of goods and materials , including electronic products , using processes that do not
10

create legally noncompliant noise, smoke, fumes, odors , glare, or health or safety hazards
outdoors , and involving outdoor storage of related goods and material that does not exceed 25
percent of the floor area of all buildings on the Property . Any process water or wastewater
generated at a light manufacturing facility must be managed in compliance with all applicable
laws .
iii . "Warehousing" refers to the storage and distribution of products for a
business or other enterprise, in conformance with subparagraph 15 . e . below.
iv. "Commercial" refers to a business enterprise with associated office ,
maintenance and support facilities .
V. "Mixed use" refers to integrating commercial and residential use .
vi . "Open space" refers to land maintained in a natural or landscaped
state and used for active or passive recreational purposes , natural resource protection, buffers ,
greenways and/or detention facilities for stormwater.
b . Surface water and groundwater at the Property may not be used for any
purpose without the prior written approval of DENR.
c . Soil disturbances must be handled in accordance with an approved Soil
Management Plan including any subsequent DENR approved modifications to that plan.
d. Excluding the buildings designated "Building 1 , " Building 2 " and `Building
3 " on the plat component of the Notice referenced in paragraph 20 below, no building may be
constructed on the Property unless DENR has determined in writing whether it would lie within
100 feet of any volatile organic contaminant plume . If DENR determines that it would lie within
said zone, it may not be constructed unless :
11

i . DENR determines in writing, based on submittals from the building ' s
proponent, that the plume(s) in question would not pose an unacceptable risk to the building ' s
users or public health and the environment; or
ii . vapor mitigation measures approved in writing by DENR in advance
are installed to the satisfaction of a professional engineer licensed in North Carolina, as
evidenced by said engineer ' s seal, illustrative photographs and a brief narrative description of
these measures ' implementation.
e . None of the contaminants known to be present in the environmental media at
the Property, including those appearing in Exhibit 2 to this Agreement, may be used or stored at
the Property without the prior written approval of DENR, except in de miFnimis amounts for
cleaning and other routine housekeeping activities and except in stored fuels , including diesel or
other fuel used in generators .
f. The Property may not be used as an outdoor playground or for child care
centers without DENR' s prior written approval .
g . No athletic field may be constructed on the Property without prior written
approval from DENR.
h. No mining may be conducted on or under the Property without prior written
approval from DENR.
i. The owner of any portion of the Property where any existing, or subsequently
installed, DENR- approved monitoring well is damaged shall be responsible for repair of any
such wells to DENR' s written satisfaction and within a time period acceptable to DENR.
j . Neither DENR nor any parry conducting environmental assessment or
12

i
remediation at the Property at the direction of, or pursuant to a permit, order or agreement issued
by, or entered into with, DENR may be denied access to the Property for purposes of conducting
such environmental assessment or remediation, which is to be conducted using reasonable efforts
to minimize interference with authorized uses of the Property and by providing at least five (5)
days prior written notice of the timing and scope of such environmental assessment and
remediation, except regarding hazards DENR deems imminent and situations DENR determines
require an emergency response . The access allowed by this restriction shall not be interpreted to
include access to proprietary and confidential information, including without limitation
information from or maintained on Prospective Developer ' s clients or customers , trade secrets ,
business technology, customer databases , business plans and promotional and marketing
activities , so long as such interpretation does not limit the access for environmental assessment
or remediation allowed in this restriction.
k. 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 Property as of January 1 " of that
year shall submit a notarized Land Use Restrictions Update ("LURU") to DENR, and to the chief
public health and environmental officials of Rutherford County, certifying that, as of said
January 1St, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Rutherford County Register of Deeds office and that the land use restrictions are
being complied with. The LURU shall also state :
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 Property during the previous calendar year;
13

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 Property
during the previous calendar year; and
iii. whether any vapor mitigation measures installed pursuant to
subparagraph 15 . d. above are performing as designed, and whether the uses of the ground floors
a
of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if
so , how.
16 . The desired result of the above-referenced land use restrictions is to make the
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 DENR ' s Superfund Section as embodied in
their most current version, unless particular requirements of same are superseded by statute or
regulation, or the parties agree otherwise .
1 S . The consequences of achieving or not achieving the desired results will be that the
uses to which the Property is put are or are not suitable for the Properly while fully protecting
public health and the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19 . In addition to providing access to the Property pursuant to subparagraph 15 .j . above,
Prospective Developer shall provide DENR, its authorized officers, employees , representatives,
and all other persons performing response actions under DENR oversight, access at all
14

reasonable times to other property controlled by Prospective Developer to which access is
i
required for the performance or oversight of any response actions at the Property under
applicable law. While Prospective Developer owns the Property, DENR shall provide
reasonable notice to Prospective Developer of the timing of any response actions to be
undertaken by or under the oversight of DENR at the Properly. Notwithstanding any provision
of this Agreement, DENR 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 . DENR has approved, pursuant to N. C . G . S . § 130A-310 . 35 , a Notice of Brownfields
Property for the 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 Property . Pursuant to
N . C . G . S . § 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 Rutherford County, North
Carolina register of deeds ' office . Within three (3 ) days thereafter, Prospective Developer shall
furnish DENR 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 Property shall contain the following notice : " The property which is the subject of
this instrument is subject to the Brownfields Agreement attached as Exhibit A to the Notice of
15

Brownfields Property recorded in the Rutherford 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 related to the conveyance may be redacted.
22 . The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Property as of the effective date of this Agreement and
shall ensure that any subsequent leases, subleases, assignments or transfers of the Property or an
interest in the Property are consistent with this Section (Access/Notice To Successors In
Interest) , Section V (Work to be Performed) and Section XI (Parties Bound &
Transfer/Assignment Notice) of this Agreement.
VIL DUE CARE/COOPERATION
23 . The Prospective Developer shall exercise due care at the Property with respect to
regulated substances and shall comply with all applicable local, State, and federal laws and
regulations . The Prospective Developer agrees to cooperate fully with any remediation of the
Property by DENR, which is to be conducted using reasonable efforts to minimize interference
with authorized uses of the Property, and further agrees not to interfere with any such
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 Property, the Prospective
Developer shall promptly take all appropriate action to prevent, abate, or minimize such release
or threat of release, and shall, in addition to complying with any applicable notification
requirements under N. C . G. S . 130A- 310 . 1 and 143 -215 . 85 , and Section 103 of CERCLA, 42
U . S . C . § 9603 , or any other law, immediately notify DENR of such release or threatened release .
16

VIII. CERTIFICATION
24 . By entering into this agreement, the Prospective Developer certifies that, without
DENR approval, it will make no use of the Property other than that committed to in the
Brownfields Property Application dated November IS 2010 by which it applied for this
Agreement. That use is as allowed pursuant to paragraph 15 above . Prospective Developer also
certifies that to the best of its knowledge and belief it has fully and accurately disclosed to
DENR 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 regulated substances at the Property and to its qualification for this Agreement, including the
requirement that it not have caused or contributed to the contamination at the Property .
IX. DENR ' S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25 . Unless any of the following apply, Prospective Developer shall not be liable to
DENR, and DENR covenants not to sue Prospective Developer, for remediation of the Property
except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b . The activities conducted on the 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 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 N . C . G. S . 130A-310 . 35 is violated while the Prospective Developer owns the Property, in
17

which case the Prospective Developer shall be responsible for remediation of the 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 offered false information to
demonstrate compliance with this Agreement or failed to disclose relevant information about
contamination at the Property.
e . New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
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. The Parties agree to work in good faith to amend this Agreement if new
information indicates the existence of previously unreported contaminants or an area of
previously unreported contamination on or associated with the Property has not been remediated
to unrestricted use standards . 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 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. Property or (ii) the failure of remediation to mitigate risks to the extent
18

required to make the Property fully protective of public health and the environment as planned in
this Agreement.
g . The Department obtains new information about a contaminant associated with
the Property or exposures at or around the Property that raises the risk -to public health or the
environment associated with the 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 NoC . GoSo 130A-310 . 35 .
26 . Except as may be provided herein, DENR reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act, including those regarding petroleum
underground storage tanks pursuant to Part 2A, Article 21A of Chapter 143 of the General
Statutes .
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, N . C . G . S . § I I3A- 1 , et seq.
X. PROSPECTIVE DEVELOPER' S COVENANT NOT TO SUE
28 . In consideration of DENR ' s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in N . C . G . S . § 130A-310 . 37 (b) , the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DENR, 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 .
19

XI . PARTIES BOUND
29 . This Agreement shall apply to and be binding upon DENR, 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
3 0 . This Agreement in no way constitutes a fording by DENR as to the risks to public
health and the environment which may be posed by regulated substances at the Property, a
representation by DENR that the Property is fit for any particular purpose, nor a waiver of
Prospective Developer ' s duty to seek applicable permits or of the provisions of I C . GWSO §
130A- 310 . 37 .
31 . Except for the Land Use Restrictions set forth in paragraph 15 above and N . C . G. S . §
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
32 . The Prospective Developer agrees to retain and make available to DENR all business
and operating records, contracts, site studies and investigations , and documents relating to
physical operations at the Property and this Brownfields Agreement (but not information DENR
determines is proprietary and/or confidential under North Carolina ' s Public Records Act,
N . C . G . S . 132) , for ten years following the effective date of this Agreement, unless otherwise
agreed to in writing by the Parties . At the end of ten years , the Prospective Developer shall
20

notify DENR of the location of such documents and shall provide DENR with an opportunity to
copy any of the above-referenced documents at the expense of DENR. Prospective Developer,
however, is not obligated to retain and make available to DENR documents regarding
information from or maintained about Prospective Developer ' s clients and customers , trade
secrets, business technology, customer databases , business plans and promotional and marketing
information.
XIV . PAYMENT OF ENFORCEMENT COSTS
33 . 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 reasonable enforcement costs incurred by DENR to enforce this
Agreement or otherwise obtain compliance .
XV . NOTICES AND SUBMISSIONS
34 . Unless otherwise required by DENR 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 DENR:
Brad Atkinson
N . C . Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 276994 646
b . for Prospective Developer:
Thomas Furlong
Andale, Inc..
1601 South California
Palo Alto , CA 94304
21

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 .
XVL EFFECTIVE DATE
35 . This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving it, signed, from DENR. Prospective Developer shall sign the Agreement
within seven (7) days following such receipt.
XVII . TERMINATION OF CERTAIN PROVISIONS
36 . 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
37 . 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 N . C . G. S . § 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 DENR or any other person in relation to the Property .
38 . 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 DENR
22

in writing no later than 60 days prior to the initiation of such suit or claim.
39 . 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
DENR in writing within 10 days of service of the complaint on it.
XIX. PUBLIC COMMENT
40 . This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last to occur of the following : publication of the approved summary " of
the Notice of Intent to Redevelop a Brownfields Property required by N . C . G. S . § 130A- 310 . 34
in a newspaper of general circulation serving the area in which the Property is located,
conspicuous posting of a copy of said summary at the Property, and mailing or delivery of a copy
of the summary to each owner of property contiguous to the Property. After expiration of that
period, or following a public meeting if DENR holds one pursuant to N . C . G. S . § 130A-
310 . 34(c) , DENR 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 DEP TMENT OF 'ENVIRONMENT AND NATURAL RESOURCES
By: 4 /i ( _
c � ru 3 0 /
Linda M. Culpepper Date
Deputy Director, Division of Waste Management
IT IS SO AGREED :
Andale , Inc .
By:
Thon
pZFurlong Date
Vie6 President
23

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ANDALE , INC . SITE LOCATION MAP
at n wwwanwonwrpmat
1271 OLD CAROLEEN ROAD
Amp
FOREST CITY, RUTHERFORD COUNTY, NORTH CAROLINA
DRAFTED BY: KPM DATE: 8l31M11 - 07AAF
de
THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN
REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT
REGULATIONS

i
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental
Reports occurred in July, 2011 . The following tables set forth, for contaminants present at the
Property above unrestricted use standards, the maximum concentration found at each sample
location and the applicable standard or screening limit:
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 , Rule . 0202 ; January 1 , 2010 version :
Table A - GroundIF water
: : .ConcentrationsIFF & IF IAbove UnrestrictI IFed UseIII Standards
F IN
Results in ug/L
Sample Location MW-8 MW-10 MW-Film11 MW- 12 MWS-06 TW-1 UST-TW-O UST-Fil Standard (for
IF
IF Groundwater
IF & . 1 1 ' 1. reference only)
16 contaminant Date of m11
ost 9/15/2010 9/15/2,010 9/16/2010 9/25/2010 9/24/2010 9/10/2010 7/7/2011 7/7/2011. ug/C
recent sampling6 .
Benzene 6.28 17. 8 1
Naphthalene 40 139 6
Tetrachloroethene 1. 61 1.77 193 3. 23 2. 27 34.3 0. 7
SOIL VAPOR
Soil vapor contaminants in micrograms per cubic meter, the screening limits for which
are derived from Industrial Vapor Intrusion Screening Levels of the Inactive Hazardous Sites
Branch of DENR' s Superfund Section (August 2011 version) :
Table B - Soil Vapor
Concentrations Above Industrial/Co. 6:1mmercial Unrestricte10 4 , d Use Screening Levels
Results in ug/m3
611 . 1
Sample
SV-Q3 SV-08 SV-Q9 SV-a3R SV-OS-R AST-SV1 UST SV-SE
LocationIF Unrestricted Use
IF I'll vm.S6, 1161 ,
oil vapor. ' .. Date of mostFilm ImmZvI & FIFFIFFF Ind ./Comm.
contamimm ,nant recent 4/26jIII&20FIF11 4/26/2011 4/26/ZQil 6/30/2Qi1 7/1/201i 7/1/2IF, 011 7/1/2Q11 Screening Levels
I tzl
ug/m3 . :
Sample depth sub-slab ti) sub-slab til sub-slabl1) 5 ft. S ft. 5 ft. 5 ft.
1,2, 4-Trimethylbenzene 1710DD 62
1,3-Butadiene 110 1T6
Tetrachloroethene 840 21D00 940 370 210
Trichloroethene 5,700 E 11400 2,D00 790 610
( 1) - Sample collected directly beneath former Burlington facility slab, which has since been removed
( 2) - Screening levels for non-carcinogensare fora hazard quotient equal to 0. 2. Screening levels for carcinogens are fora 1.0E-5lifetime
incremental cancer risk displayed for carcinogens are fora 1. DE-5 lifetime incremental cancer risk.
E - Estimated result ( Concentration exceeded the calibrated range)
1

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Exhibit C
Legal Description of the Property of Andale , Inc. :
Being located in Forest City, Rutherford County, North Carolina , in Cool Springs Township , containing
approximately 152 . 752 acres, consisting of four parcels of land owned by Andale, Inc ., a Delaware
corporation (formerly known as Andale , LLC, a Delaware limited liability company) (Tax PIN 1647936 ,
Tax PIN 1647937, Tax PIN 429797 and Tax Pin 1644625 ), and being all of the same property conveyed to
Andale, LLC ( now Andale, Inc . ) by the deeds recorded in Book 1013, Page 807 and Book 1013 , Page 817,
and conveyed to Andale, Inc. by the deeds recorded in Book 1035 , Page 216 and Book 1035 , Page 220,
( but less and excepting the 1 . 01 acre parcel conveyed by Andale, Inc . to Duke Energy Carolinas, LLC by
deed recorded in Book 1035 , Page 223 as described below) and being more particularly described as
follows (this description is the overall exterior boundary of those parcels described above ) :
Commence at a concrete right-of-way monument found on the southern right-of-way fine of U . S .
Highway 74 (to the east of its intersection with Old Caroleen Road ( SR- 1901 ) ) being the POINT OF
BEGINNING of the parcel of land herein described , having NAD83 ( NSRS2007 ) coordinates N : 583043 . 60
E : 1157392 . 63 , and being on a curve concave to the south having a radius of 3687 . 72 feet and a central
angle of 12 °49 ' 00 " and being subtended by a chord which bears North 81 °42 ' 53 " East 823 . 19 feet, and
said point of beginning being located South 65 *58 ' 44 " West, 718 .74 feet from the NGS concrete
monument "Cowan" having NAD83 ( NSRS2007 ) coordinates N : 583336 . 13 E : 1158049 . 01; thence from
said point of beginning, and easterly along said curve and right-of-way line , an arc distance of 824 . 91
feet to a one half inch reference rebar set; thence continuing easterly an arc distance of 62 . 98 feet along
said curve and right-of-way line concave to the south having a radius of 3687 . 72 feet and a central angle
of 0 °58 ' 43 " ( chord - bears North 88 ° 36 '44 " East, 62 . 98 feet) to the center of the Second Broad River;
thence leaving said southern right-of-way line and along the centerline of the Second Broad River South
27 `26 ' 04 " East, 38 . 52 feet; thence South 27 '26 ' 04" East, 59 . 14 feet; thence South 29 '02 ' 24 " East, 94 . 58
feet; thence South 45 ' 14 ' 16 " East, 125 . 98 feet; thence South 52 ' 20 ' 21 " East, 141 . 14 feet; thence South
40 °43 ' 27 " East, 3 .23 feet; thence South 40 °43 ' 27 " East, 22 . 53 feet; thence South 40 °43 ' 28 " East, 74 . 68
feet; thence South 34°30 ' 05 " East, 171 . 34 feet; thence South 27037 ' 19 " East, 177 . 38 feet; thence South
36 '01 ' 31 " East, 40 . 39 feet; thence South 22 ° 17 ' 29 " East, 71 . 72 feet; thence South 37036 ' 03 " East, 29 . 14
feet; thence South 37 *36' 03 " East, 117 .44 feet; thence South 37 ' 36 ' 03 " East, 30 . 68 feet; thence South
52 ' 11 ' 33 " East, 131 . 83 feet; thence South 61 ° 21 ' 47 " East, 79 . 49 feet; thence South 61 ' 21 '47 " East, 36 .99
feet; thence South 70 °08 ' 42 " East, 82 . 51 feet; thence North 77 ° 38 ' 03 East, 320 . 88 feet; thence North
88 ° 12 ' 38 " East, 111 . 37 feet; thence North 61 ° 56 ' 29 " East, 69 . 46 feet; thence North 73010 ' 24 " East, 81 . 81
feet; thence North 67 '55 ' 33 " East, 91 . 62 feet; thence North 67040 ' 47 " East, 92 . 08 feet; thence North
69 ° 11 ' 44 " East, 39 . 21 feet; thence North 82 ° 15 ' 15 " East, 60 . 91 feet; thence North 85 ' 25 ' 17 " East, 89 . 73
feet; thence North 81052 ' 24 " East, 92 . 62 feet; thence South 84 °37 ' 21 " East, 124 . 09 feet; thence South
60006 ' 53 " East, 8 . 82 feet; thence leaving said centerline, South 52008 ' 37 " West, 77 .01 feet to a one inch
pipe found ; thence South 52 °08 ' 37 " West, 1729 . 54 feet to a disturbed one inch bar found in concrete ;
thence South 52008 ' 30 " West, 800 .20 feet to a disturbed three quarter inch open top iron pin found ;
thence South 26 °07 ' 50" West, 240 . 25 feet; thence South 26 `07 ' 50 " West, 781 . 10 feet to a one and one
half inch open top iron pin found on the north maintenance right-of-way line of Low Bridge Road ( SR-
1911 ) ; thence South 26 '35 ' 58 " West, 27 . 47 feet to a PK nail found in the centerline of Low Bridge Road
( SR- 1911 ) ; thence along said centerline, North 82044 ' 16 " West, 138 . 85 feet to a rail road spike found ;
thence North 83041 ' 15 " West, 49 . 38 feet to a point; thence North 84037 ' 01 " West, 49 . 10 feet to a point;
thence North 85 °44.' 11 " West, 48 . 76 feet to a point; thence North 86 '54' 03 " West, 47 . 54 feet to a point;
thence North 88 °41 ' 56 " West, 28 . 39 feet to a point; thence leaving said centerline, North 06 '23 ' 18 "
WCSR 7052313v3

East, 24 . 83 feet to a one half inch rebar found , on the north maintenance right-of-way line of Low Bridge
Road (SR-191.1); thence leaving said right-of-way line , North 06 °25 ' 22 " East, 728 . 88 feet to a one inch
open top iron pin found ; thence South 86 ° 11 ' 32" West, 200 . 56 feet to a concrete monument with
aluminum disk found ; thence South 86 ° 07 ' 49 " West, 527 . 23 feet to a disturbed one half inch rebar
found ; thence South 83034 ' 51 " West, 382 . 65 feet to a one half inch rebar found ; thence North 19 ' 14 ' 21 "
West, 74 . 25 feet to a five-eighths inch rebar found ; thence North 80` 13 ' 27" West, 78 . 95 feet to a one
half inch rebar found , thence North 80 ° 15 ' 16" West, 4 . 20 feet to the east right-of-way line of Old
Caroleen Road ( SR4901 ) ; thence leaving said right-of-way line for Old Caroleen Road, North 80 ' 15 ' 16"
West, 33 . 37 feet to a PK nail found in the centerline of Old Caroleen Road ; thence with the centerline of
Old Caroleen Road, North 16 * 12 ' 00" West, 66 . 35 feet; thence North 15 ' 24 ' 37" West, 105 . 05 feet;
thence North 15 °01 '46" West, 146 . 67 feet to a PK nail found ; thence North 14054' 18 " West, 70 . 31 feet
to a PK nail found ; thence North 14 °48 ' 11 " West, 215 . 25 feet to a PK nail found ; thence leaving said
centerline, North 77024 ' 31 " East, 22 . 69 feet to a five-eighths inch rebar found ( L-2718 ) ; thence North
77 °07 ' 25 " East, 7 . 33 feet to a one half inch rebar set on the east right-of-way line of Old Caroleen Road
( SR- 1901 ) ; thence leaving said right-of-way line, North 77 *07 ' 25 " East, 191 . 66 feet to a one inch open
top iron pin found ; thence North 15 '09 ' 57 " West, 198 . 64 feet to a one inch bar found in concrete ;
thence South 77028 ' 20 " West, 140 . 40 feet to a nail found ; thence South 77 ' 28 ' 20 " West, 29 . 93 feet to a
point on the eastern right-of-way line of Old Caroleen Road ( SR- 1901 ) ; thence leaving said right-of-way
line, South 77 ' 28 ' 20 " West, 49 . 74 feet to a point in the centerline of Old Caroleen Road ( SR- 1901 ) ;
thence along said centerline, North 14050 ' 14 " West, 30 . 00 feet to a point; thence North 14 '50 ' 14 " West,
492 . 55 feet to a point; thence North 14* 50 ' 14 " West, 40 . 06 feet to a point; thence North 14 '50 ' 14"
West, 21 . 55 feet to a point; thence leaving said centerline, North 75 °03 ' 13 " East, 49 . 81 feet to a two
inch flat bar found ; thence North 14'20 ' 03 " West, 174 . 93 feet to a concrete right-of-way monument
found at the intersection of the eastern right-of-way line of Old Caroleen Road ( SR- 1901 ) and the
southern right-of-way line of U .S . Highway 74; thence along the southern right-of-way line of U . S .
Highway 74, North 54°04 ' 39 " East, 1081 . 16 feet to a concrete right-of-way monument found ; thence
North 71042 ' 41 " East, 441 . 12 feet to a disturbed concrete right-of-way monument found ; thence North
14 *28 ' 41 " West, 27 . 95 feet to the point of beginning .
LESS AND EXCEPTING from the property described, above, that certain approximately 1 . 01 acre parcel
conveyed by Andale, Inc. to Duke Energy Carolinas, LLC by deed recorded in Book 1035 , Page 223 , and
being more particularly described as follows :
Commence at the NGS concrete monument " Cowan " ( NAD83 ( NSRS2007) N : 583336 . 13 E : 1158049 . 01) ;
thence South 22045 ' 43 " West, 2543 . 05 feet to a 1/2 inch rebar and point of beginning of the parcel of
land herein described ; thence from said POINT OF BEGINNING , South 72014 ' 57 " East, 180 . 56 feet to a
1/2 inch rebar; thence South 27 ' 19 ' 05 " East, 54 . 08 feet to a 1/2 inch rebar; thence South 17 °42 ' 51 "
West, 110 . 74 feet to a 1/2 inch rebar; thence South 62 °42 ' 39 " West, 54 . 22 feet to a 1/2 inch rebar;
thence North 72015 ' 00 " West, 205 . 18 feet to a 1/2 inch rebar, on an existing sixty-eight foot wide
electric transportation right-of-way ( DB 947/ PG 84, PB 28/ PG .245 ) ; thence along said existing sixty-eight
. foot wide electric transportation right-of-way, North 17 °46 ' 26 " East, 187 . 30 feet to a 1/2 inch rebar;
thence leaving said existing sixty-eight foot wide electric transportation right-of-way, South 72 ° 14 ' 57 "
East, 24 . 50 feet to the point of beginning .

Rutherford County , NC
Faye H . Huskey Register of Deeds
229 N Main St
Rutherfordton , NC 28139
Phone Number : ( 828 ) 287 - 6156
Official Receipt : 2012 - 00001097
Printed on 02 / 15 /2012 at 03 : 17 ; 15 PM
By : 72 on RDFEE2
WOMBLE CARLYLE SANDRIDGE & RICE LLP
Date Recorded : 02 / 15 /2012
Instrument ID Recorded Time Amount
Bk 33 Pg 18 03 / 14146 PM $ 21 , 00
PLATS
ANDALE INC
TO : ANDALE INC
RT
Accounts Amount
PLATS $21 , 00
COPY $0 , 00
Bk 33 Pg 19 0311SK21 PM $ 21 , 00
PLATS
ANDALE INC
TO ; ANDALE INC
RT
Accounts Amount
PLATS $ 21 , 00
COPY $0 , 00
Bk 33 Pg 20 03915134 PM $21 . 00
PLATS
ANDALE INC
TO ; ANDALE INC
RT
Accounts Amount
PLATS $21 , 00
COPY $0 , 00
Bk 1038 Pg 120 03 . 16118 Phi $ 114 , 00
NOTICE
ANDALE INC
T04NC DEPARTMENT OF ENVIRONMENT
RT
Accounts Amount
DEEDS $ 107 . 80
STATE GENERAL FUND $6 . 20
Itemized Check Listing
Check # 39562 $ 177 . 00
Total Due : $ 177 , 00
Paid By Check : $ 177 . 00
Change Tendered ; $0400
PLEASE VISIT OUR WEBSITE AT WK RUTHERFORD
COUNTYNC . GOV