21048 Wepak PC Documentation Package 2019.04.30

From: Ralph McGee
To: Markey, Kathleen A
Cc: Wahl, Tracy; Goodwin, Caroline E
Subject: RE: [External] Wepak - UST Closure Report
Date: Friday, March 29, 2019 3:50:11 PM
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spamna nc.2ov
Thank you Kathleen! We are all set.
We plan to start the 30 days next Wednesday (it takes 2 business days for the newspaper posting). A
report documenting completion of the PC tasks will be submitted at the end of the 30 days.
Enjoy the weekend.
Ralph
From: Markey, Kathleen A <[e-mail]>
Sent: Friday, March 29, 2019 3:46 PM
To: Ralph McGee <[e-mail]>
Cc: Wahl, Tracy <[e-mail]>; Goodwin, Caroline E <[e-mail]>
Subject: RE: [External] Wepak - UST Closure Report
Ralph,
After review of the changes that were made to the Wepak plat, it looks like the necessary updates
were made and we can approve Wepak to enter the 30-day public comment period. Do you need any
updated documents from us?
Please let me know if you have any additional questions.
Kathleen Markey
Environmental Specialist
Division of Waste Management
Department of Environmental Quality
919 707 8378 office
kathleen.marke)lPncdenr.gov
1646 Mail Service Center
Raleigh, NC 27699-1646
*****************************************************
Brownfields Website: http://www.ncbrownfields.org
Brownfields Public Records Link: (Portal Access to Recent Electronic Records in

Lasedichel
http://edocs.deq.nc.gov/WasteManagement/Search.aspx?cr=1
*****************************************************
Email to and from this address is subject to the N.C. Public Records Law and may be disclosed
to third parties, unless the content is
exempt by statute or other regulation.
From: Ralph McGee <RMcGee(@harthickman.com>
Sent: Friday, March 29, 2019 3:33 PM
To: Markey, Kathleen A <kathleen.markeyPncdenr.gov>
Cc: Wahl, Tracy <tracy.wahl(@ncdenr.gov>; Goodwin, Caroline E <Caroline.Goodwin(@ncdenr.gov>
Subject: RE: [External] Wepak - UST Closure Report
�xternal email. Do not click links or open attachments unless you verify. Send all suspicio
to report.spam(@nc.gov
Kathleen,
Can you please provide an ETA for approval to enter the 30-day PC? Note that PC was approved by
Tracy and Caroline prior to discovery of the orphan USTs. The PD has certain lending related
deadlines contingent on completion of the Agreement.
Please let us know.
Thanks,
Ralph
From: Ralph McGee
Sent: Monday, March 25, 2019 10:00 AM
To: Markey, Kathleen A <kathleen.markeyPncdenr.gov>
Cc: Wahl, Tracy <trac)l.wahl(@ncdenr.gov>; Goodwin, Caroline E <Caroline.GoodwinCcDncdenr.gov>
Subject: RE: [External] Wepak - UST Closure Report
Kathleen,
Attached is a draft copy of the revised plat for the Wepak Brownfields property in Charlotte. The plat
has been revised to incorporate soil samples UST-1 and UST-2 collected as part of closure activities for
recently discovered orphan USTs. Please let us know if DEQ has further comments to the plat.
Note that this property is set to enter into the public comment period. We were waiting on the
attached plat changes, but are otherwise all set.
Let us know if we are approved to start the 30-day comment period when you can.

Thanks!
Ralph
Ralph McGee, PG, Senior Project Geologist
Hart & Hickman, PC
2923 S Tryon Street, Suite 100 • Charlotte, NC 28203
Direct: 704-887-4621 • Mobile: [phone]
www.harthickman.com 0 0
From: Goodwin, Caroline E <Caroline.Goodwin(@ncdenr.gov>
Sent: Monday, March 18, 2019 9:43 AM
To: Ralph McGee <RMcGee(@harthickman.com>
Cc: Markey, Kathleen A <kathleen.markey(@ncdenr.gov>; Wahl, Tracy <tracy.wahl(@ncdenr.gov>
Subject: RE: [External] Wepak - UST Closure Report
Good Morning Ralph,
I will actually be working through Thursday of this week as my flight leaves later than I originally
thought. If they get it to me by lunchtime Thursday I can review before my trip. Otherwise, I will
forward it to Kathleen for review when she is back in the office on 3/25.
Best,
D,
o....\Z'11
'
Caroline Goodwiu
Project Manager, Bro31.r fields Program
I ordi Carothia Depaniiev of Enviromiental Quality
91 .707.837 (Office)
am it;te_ oodwin Cipicdenr.gov
arm lrtsrr the atlelt� Io V A, MWh GaokoPtftofllWunoL Law arm
rmyto dwIlosed to 1hirdpwies.
From: Ralph McGee <RMcGee(cDharthickman.com>
Sent: Friday, March 15, 2019 9:42 AM
To: Goodwin, Caroline E <Caroline.Goodwin(@ncdenr.gov>
Subject: RE: [External] Wepak - UST Closure Report
EM=External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
hment to report.spam(@nc.gov
Caroline,
Per an email sent to you a few days ago, the surveyor will have the plat completed by the end of next
week. Given your travel schedule, can we come up with a plan to allow the PC to begin in your
absence? Is there someone that the revised plat can be sent to for review and approval allowing PC
to begin if you are away when the plat has been revised?

Thanks,
Ralph
From: Goodwin, Caroline E <Caroline.GoodwinCcDncdenr.gov>
Sent: Wednesday, March 13, 2019 8:18 AM
To: Ralph McGee <RMcGeePharthickman.com>
Subject: RE: [External] Wepak - UST Closure Report
Good Morning Ralph,
I am checking in on the status of the revised plat. If there are no other comments to the draft BFA
documents then, after my plat review and approval, you may proceed to public comment. I am going
to be out of the country from next Thursday, March 21st, until April 9th. I know everyone is ready to
get Wepak into PC and if we could start that before I leave that would prevent any further signing
delays. Let me know if you have any questions or comments.
I look forward to hearing from you!
CaraWir- GcKAwia
Project Matiager, Broiiwfields Pr'ogrrrru
iotth Carolina Depeatuient of Fuvitonmental Quality
E q7� 919,707.837E (Office)
n:,•••,•~�+•,••"��•S,� [e-mail]
Ernwccrre,rxxxkr+ct: rooditan rrs� x0reF4, jz; sv4w to Ve r+km GwAm RA*c Rbcom4 Law ard
mW he disabwJ b t1xrd r .
From: Ralph McGee <RMcGeeCcDharthickman.com>
Sent: Thursday, March 07, 2019 1:32 PM
To: Goodwin, Caroline E <[e-mail]>
Subject: RE: [External] Wepak - UST Closure Report
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attt to report.spamna nc.gov
Do you want to add a note below the Exhibit 2 table for the p-cymene standard? Something like,
"IHSB Protection of Groundwater PSRG used for comparison to p-cymene concentration as an
Industrial PSRG has not been established"?
From: Goodwin, Caroline E <Caroline.Goodwin(@ncdenr.gov>
Sent: Thursday, March 7, 2019 12:33 PM
To: Ralph McGee <RMcGee(@harthickman.com>
Cc: 'Vishal Arora' <va(@magnuscapitalpartners.com>; Wahl, Tracy <trac)t.wahl(@ncdenr.gov>
Subject: RE: [External] Wepak - UST Closure Report
Good Afternoon Everyone!

Please see the attached revised BFA documents for signing as well as the revised ancillaries for the
public comment period. I updated the documents to include the UST abandonment and sampling
information as well as updates to the PC start date. Before we enter the public comment period, I will
also need the revised plat for review and approval on our end. Let me know if you have any questions
or comments.
Best,
Q, E I
o.rrrNieli-_0
Caroline Goodwin
Project Maiiager, Bro3i-r elds Program
I o;t h Cuolina Depamnent of Envirolluliciltal Quality
919.747.837E (dice)
1ine.' ood iu icd=. ov
EMWOOTaWwrkwo fcpandha n Onaddress ,s sxAj f to the AkWh Car"Pic R x orcis L-wvaiYJ
may be dW*�&d la (hrd CWias
From: Ralph McGee <RMcGee(@harthickman.com>
Sent: Friday, March 01, 2019 3:53 PM
To: Goodwin, Caroline E <Caroline.Goodwin(@ncdenr.gov>
Cc:'Vishal Arora' <va(@magnuscapitalpartners.com>
Subject: [External] Wepak - UST Closure Report
TV External email. Do not click links or
achment to reoort.spam(@nc.gov
Caroline,
Attached is a copy of the report documenting in -place closure of the three USTs discovered at the
Wepak Brownfields property. Also included in the report are details associated with UST closure soil
assessment activities completed in the area of the USTs.
Information on the Brownfields plat is being updated to include the locations of the tanks and data for
soil sample UST-1 where ethylbenzene and naphthalene were detected above the
Industrial/Commercial PSRGs.
Please let us know when we can resume Public Comment activities.
Thanks,
Ralph
Ralph McGee, PG, Senior Project Geologist
Hart & Hickman, PC
2923 S Tryon Street, Suite 100 • Charlotte, NC 28203
Direct: 704-887-4621 • Mobile: [phone]
www.harthickman.com

hart hickman
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Via Email
April 30, 2019
NCDEQ — Division of Waste Management
Brownfields Program
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Attn: Ms. Caroline Goodwin
Re: Documentation of Public Notice
Wepak Corporation
314 and 322 W. Bland Street
Charlotte, North Carolina
Brownfields Project No. 21048-17-060
H&H Job No. MGN-002
Dear Caroline:
On behalf of 332 West Bland Street, LLC, Hart & Hickman, PC (H&H) is submitting
documentation of public notice for the Brownfields Agreement for the above referenced site.
Enclosed please find the following:
• Affidavit of Publication of the Summary of Notice of Intent to Redevelop a Brownfields
Property which was published in the Charlotte Observer on April 3, 2019;
• Proof of hand delivery of the full Notice of Intent to Redevelop a Brownfields Property to
the Charlotte -Mecklenburg Public Library, Mecklenburg County Health Department, and
public officials on April 3, 2019;
• Certified mail return receipt green cards for delivery of the Summary of Notice of Intent
to Redevelop a Brownfields Property to adjacent property owners which were sent on
April 3, 2019; and
• Photographs of the Public Notice posting of the Summary of Notice of Intent to
Redevelop a Brownfields Property which was posted at the site on April 3, 2019.
2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd , Suite 301
Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com
704.586.0007 main 919.847A241 main

Ms. Caroline Goodwin
April 30, 2019
Page 2
If you have any questions or need additional information, please do not hesitate to contact me.
Sincerely,
Hart & Hickman, PC
Ralph McGee, PG
Senior Project Geologist
cc: Vishal Arora (332 West Bland Street, LLC)
Attachments:
S:\AAA-Master Projects\Magnus Capital Partners (MGN)\314 W. Bland Street\Public Comment\final
to DEQ\Documentation of Public Notice - Wepak Corporation (BPN 21048-17-060)_20190430.doc
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS

Affidavit of Publication in Charlotte Observer

car c 0 rtotte Obgeruer
charlotteobservencom
Lak.eNormar� I :: t. 4 gym' I �`
M A G A z.. 6 AS h C. h L 1 Ni r. _d. Carolina ride. OJ
AFFIDAVIT OF PUBLICATION
[______Account #
Ad Number
Identification
142608
1 0004156151
1 SUMMARY OF NOTICE OF INTENT TO REDEVELOP BROWN FIELI
Attention: Whitney Ellswsorth
HART & HICKMAN
2923 S TRYON ST STE 100
CHARLOTTE, NC 28203
SUMMARY OF NOTICE OF INTENT
TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Former Wepak Facility
Brownfields Project Number: 21048-17-060
Pursuant to NCGS § 130A-310.34, 332 West Bland 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 Wepak, a janitorial
cleaning supply manufacturer, consists of 1.33 acres and is located at 314 and 332 West Bland
Street. Environmental contamination exists on the Brownfields Property in soil and
groundwater. 332 West Bland Street, LLC has committed itself to redeveloping the Brownfields
Property for office, retail, parking, restaurant, indoor/hardscape recreation, open space,
entertainment, amenity space, brewery or food production facility, industrial, warehousing, and
with prior DEQ written approval other commercial uses. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DEC and 332
West Bland 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
PProparty, (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 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) 707-83B3. The full Notice of Intent may also be viewed
online at the DEQ public record database, Laserfiche, by entering the project number 21048-
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 April 2, 2019 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
21048-17-060/Former Wepak Facility (2019.03.06)
LP4156151
North Carolina } SS
Mecklenburg County }
Before the undersigned, a Notary Public
of said County and State, duly
authorized to administer oaths
affirmations, etc., personally appeared,
being duly sworn or affirmed according
to law, doth depose and say that he/she
is a representative of The Charlotte
Observer Publishing Company, a
corporation organized and doing
business under the laws of the State of
Delaware, and publishing a newspaper
known as The Charlotte Observer in the
city of Charlotte, County of Mecklenburg,
and State of North Carolina and that as
such he/she is familiar with the books,
records, files, and business of said
Corporation and by reference to the files
of said publication, the attached
advertisement was inserted. The
following is correctly copied from the
1
Insertion(s)
Published On:
April 03, 2019
5 Y&e-D
Cherri Foster, Regional Office Associate
In Testimony Whereof I have hereunto set
my hand and affixed my seal on the 8th
day of April, 2019
Elect nic Notary Public State of North
rj[ray'r�nli na

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Charlotte, NC 28203
Delivered By:
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1. Article Addressed to:
Batandpick Partners, LLC
6816 NorthSaitusrol L+�e
Charlotte, NC 28.210 „
Parcel ID No:07308309
MwNt602. $DQCt
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Photographs of Public Notice Sign Posted at Site

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Photograph 1: Posting at entrance near S. Church Street and W. Bland Street intersection.
11
Photograph 2: View of posting from S. Church Street and W. Bland Street intersection.
2923 S. Tryon Street, Suite 100 WEPAK CORPORATION
hart �+ hickman Charlotte, NC 28203 314 & 332 W. BLAND STREET
W 704.586.0007(p) 704.586.0373(f) CHARLOTTE, NORTH CAROLINA

Photograph 3: Posting located at entrance along W. Bland Street.
Photograph 4: View of posting from W Bland Street.
2923 S. Tryon Street, Suite 100 WEPAK CORPORATION
hart ► hiCkman 704.586.0007(p) 704.586.0373(f) CHARLOTTE, NORTH CAROLINA

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: Former Wepak Facility
Brownfields Project Number: 21048-17-060
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 April 2, 2019,
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
21048-17-060/Former Wepak Facility (2019.03.06)
1

Property Owner: 332 West Bland Street, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Former Wepak Facility
Brownfields Project Number: 21048-17-060
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 201_ by 332
West Bland 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 located at 314 and 332 West Bland Street (PIN 07308303) in
Charlotte, Mecklenburg County, North Carolina. The Brownfields Property was previously
utilized for warehousing, automotive and truck repair, switchboard manufacturing and janitorial
chemical manufacturing from the mid-1920s until 2017. Environmental contamination exists on
the Brownfields Property in soil and groundwater. The Prospective Developer intends to
21048-17-060/Former Wepak Facility (Draft 2019.03.06)

redevelop the Brownfields Property for office, retail, parking, restaurant, indoor/hardscape
recreation, open space, entertainment, amenity space, brewery or food production facility,
industrial, warehousing, and with prior DEQ written approval other commercial uses.
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 land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. No use may be made of the Brownfields Property other than office, retail, parking,
restaurant, indoor/hardscape recreation, open space, entertainment, amenity space, brewery or food
production facility, industrial, warehousing, and with prior DEQ written approval other
commercial uses. For purposes of this restriction, the following definitions apply:
i. Office defined as the provision of business or professional services.
21048-17-060/Former Wepak Facility (Draft 2019.03.06)
2

ii. Retail 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. Parking defined as the temporary accommodation of motor vehicles in an area
designed for same.
iv. Restaurant defined as a commercial business establishment that prepares and
serves food and/or beverages to patrons.
v. Indoor/Hardscape Recreation defined as indoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports -related hard -courts, and
hardscaped picnic and public gathering areas.
vi. Open Space defined as land maintained in a natural or landscaped state and
used for natural resource protection, buffers, greenways, or detention facilities for stormwater.
vii. Entertainment defined as private, public, and community activities (such as,
for example, festivals, theater, musical events or shows), which may include food and beverage
service.
viii. Amenity Space defined as hardscaped or landscaped courtyard, swimming
pool, pool deck, fire pit, grilling station, seating areas, and common use interior clubhouse.
ix. Brewery or Food Production Facility defined as an establishment for the
manufacture, sale and/or distribution of beverages or food products, including without limitation
beer and ale, together with associated public roadways and related infrastructure.
x. Industrial defined as the assembly, fabrication, processing, warehousing or
distribution of goods or materials.
xi. Warehousing" defined as the use of a commercial building for storage of
goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment or
group of establishments in a particular type of industry or commercial activity.
xii. Commercial 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
without the prior written approval of DEQ.
c. Groundwater at the Brownfields Property may not be used for any purpose, other than
in connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
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 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given
21048-17-060/Former Wepak Facility (Draft 2019.03.06)
3

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
Environmental Management Plan (EMP) as outlined below in subparagraph 15.h.
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.h.
f. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 21 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. Unless compliance with this Land Use Restriction is waived in writing in advance by
DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice referenced in paragraph 21
below shall be in accordance with applicable legal requirements, including without limitation those
related to lead and asbestos abatement that are administered by the Health Hazards Control Unit
within the Division of Public Health of the North Carolina Department of Health and Human
Services.
h. Physical redevelopment of the Brownfields Property may not occur other than in accord,
as determined by DEQ, with an Environmental Management Plan (`EMP") approved in writing
by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
Property during construction or redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those resulting
21048-17-060/Former Wepak Facility (Draft 2019.03.06)
4

from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced 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;
i. 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
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).
j. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting
such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
k. 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.
21048-17-060/Former Wepak Facility (Draft 2019.03.06)
5

1. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in
writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of products and materials customarily used and stored in office,
retail, restaurant, brewery or food production facility, warehousing, industrial, and commercial
environments, provided such products and materials are stored in original retail packaging and
used and disposed of in accordance with applicable laws, or
iii. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on -board tanks integral to said equipment or in flammable liquid storage
containers totaling no more than 25 gallons.
m. During January of each year after the year in which the Notice referenced below in
paragraph 21 is recorded, the owner of any part of the Brownfields Property as of January 1 st 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 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are
being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact person's
e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner transferred any part of the Brownfields Property
during the previous calendar year;
iii. LURU's submitted for any portion of the Brownfields Property that contains
rental units shall include a list of tenants and their addresses.
iv. A LURU submitted for rental units shall include the rent roll and enough of each
lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 151 and 21 of this agreement provided that if standard
form leases are used in every instance, a copy of such standard form lease may be sent in lieu of
copies of actual leases.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ official referenced in subparagraph 35.a. of Exhibit A hereto, at the address stated
therein.
ENFORCEMENT
21048-17-060/Former Wepak Facility (Draft 2019.03.06)
6

The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any
of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to
the same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 201_.
Un
NORTH CAROLINA
COUNTY
332 West Bland Street, LLC
Vishal Arora:
Manager, Magnus Capital Partners:
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
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
21048-17-060/Former Wepak Facility (Draft 2019.03.06)
7

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
Michael E. Scott
Director, Division of Waste Management
21048-17-060/Former Wepak Facility (Draft 2019.03.06)
Date

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: 332 West Bland Street, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Former Wepak Facility
OF 1997, NCGS § 130A-310.30, et sue. ) 314 & 332 W Bland St
Brownfields Project # 21048-17-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and 332 West Bland Street, LLC (collectively
the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property located at 314 and 332 West Bland Street in the Historic South
End neighborhood of Charlotte (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.
332 West Bland Street, LLC is a North Carolina Limited Liability Company formed on
September 21, 2017. Their mailing address is 733 3rd Avenue, 161h Floor, New York, NY 10017.
It is managed and owned by Magnus Capital Partners, LLC. Magnus Capital Partners is
managed by Vishal Arora. 332 West Bland Street, LLC proposes to redevelop the Brownfields
Property for retail, office, parking, restaurant, indoor/hardscape recreation, open space,
entertainment, amenity space, brewery or food production facility, industrial, warehousing, and
with prior written DEQ approval, other commercial uses.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of 332 West Bland Street, LLC for contaminants at the Brownfields Property.
The Parties agree that 332 West Bland Street, LLC's entry into this Agreement, and the
actions undertaken by 332 West Bland Street, LLC in accordance with the Agreement, do not
constitute an admission of any liability by 332 West Bland Street, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit 332
West Bland 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 332 West Bland Street, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises of one parcel (PIN 07308303) totaling 1.33 acres.
Prospective Developer has committed itself to redevelopment for no uses other than retail, office,
parking, restaurant, indoor/hardscape recreation, open space, entertainment, amenity space,
brewery or food production facility, industrial, warehousing, and with prior written DEQ
approval, other commercial uses.
4. The Brownfields Property is bordered to the north by The Unknown Brewing
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

Company and commercial businesses; to the east by South Church Street, beyond which are
townhomes; to the south by West Bland Street, beyond which is Grainger Industrial Supply,
Seoul Food Meat Company, and Let's Meat Kbbq; and to the west by a gravel parking lot and
South Mint Street.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment —
We ak Property
Hart & Hickman, PC
July 27, 2017
Brownfields Assessment Report
Hart & Hickman, PC
May 11, 2018
Supplemental Brownfields Assessment
Report
Hart & Hickman, PC
November 7, 2018
UST Closure Report
Hart & Hickman, PC
March 1, 2019
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. According to the historical property deeds, in the 1920s the Brownfields
Property was owned by Trustees of Calvary Methodist Episcopal Church of Charlotte, NC
(8/6/1920-10/8/1920), AM McDonald (10/8/1920-12/11/1922), OJ & Blanche Thies
(12/11/1922-9/8/1923), and John M Scott (9/8/1923). According to the Sanborn Maps, three
residences were located on the Brownfields Property from at least 1929 until 1962.
b. The Brownfields Property was developed with a light industrial facility in the
mid to late 1920s. Southern Electrical Equipment Company began operations on the
Brownfields Property from at least 1925 until 1964. Southern Electrical manufactured
switchboards and switchboard equipment in the building located on the central portion of the
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

Brownfields Property.
c. The White Company operated an automotive and truck repair business in the
northwestern building of the Brownfields Property from at least 1931 until 1937. Other auto
sales and service warehouses as well as bus garage and repair businesses continued at the
Brownfields Properties until at least 1989 with companies including: Atlantic Greyhound
Corporation (1944-1959), Stewart Supply Company (1964-1974), Automotive Specialty
Warehouse Company (1969-1974), Hill Truck Rental (1974-1984), and UPS Truck Leasing
(1989).
d. Wepak has operated as a janitorial chemical manufacturer at the Brownfields
Property since from the mid- 1970s until November 2017, expanding operations to all of the on -
site buildings.
e. The southern -most building located on the Brownfields Property was
constructed in 1957 and was occupied by Camo Coated Fabrics Inc (1964), Hill Truck Rental
(1974-1984), UPS Truck Leasing (1989), Bradcom Inc screen printing (1994), and Carolina
Courier (1999-2005).
f. Poffenbarger & Associates, Inc owned the entire Brownfields Property from
September 29, 1977 until October 30, 2007. The Brownfields Property was then owned by Bob
Poffenbarger, LLC, Lynn Poffenbarger Selland & Jeffrey Selland, and Kim Poffenbarger
Sabatini from October 30, 2007 until November 15, 2017. The Brownfields Property was leased
to a variety of aforementioned tenants, including Wepak over the course of this ownership.
g. The Prospective Developer purchased the Brownfields Property on November
15, 2017. Since purchasing the Brownfields Property, Prospective Developer has allowed
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Wepak an extended grace period to cease operations and remove all tanks and equipment from
the on -site buildings. As of April 2018, Wepak has decommissioned and ceased chemical
manufacturing operations on the Brownfields property.
h. The Prospective Developer has also been conducting environmental
assessment in accordance with the NC DEQ Brownfields Program.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. In April 1976, three Underground Storage Tanks (USTs) were installed at the
332 West Bland Street building for the UPS Truck lease facility (UST Facility ID 00-0-
00000 149 10). The three USTs consisted of a I0,000-gallon diesel UST, I0,000-gallon gasoline
UST, and 1,000-gallon motor oil UST. These USTs were reportedly removed in December 1988
but no closure information is available.
b. In the 1990s, Wepak installed a stormwater drain near the shipping and
receiving loading dock. Soil from drain installation was placed in the secondary containment
area. The secondary containment area is located on the southeast side of the facility near the
shipping and receiving loading dock. It was previous utilized for storage of a bulk chemical
aboveground storage tank (AST) farm and chemicals were pumped through above -ground PVC
piping system into the building.
c. In 1995, Wepak had a release of approximately 1,500-gallons of muriatic acid
from an AST located on the southeast portion of the building. The muriatic acid flowed across
the Brownfields Property, through the 314 West Bland Street building, into a stormwater drain
which discharged to Irwin Creek. The muriatic acid spill resulted in a fish -kill in the creek.
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Wepak received a notice of violation and fine for not complying with reporting requirements
associated with a release incident by the Charlotte -Mecklenburg Stormwater Services
Department. Wepak operated under a NDPES permit (Permit# NCG060134).
d. During the July 7, 2017 field reconnaissance, Hart and Hickman, Prospective
Developer's environmental consultant, noted that multiple 55-gallon drums and pallets w/dry
sacks of materials stored in chemical storage areas located in the western and central portions of
the building located at 314 W. Bland Street and secured flammable materials storage area located
in the central and eastern portions of the building located at 314 W Bland Street of the Wepak
facility. Chemicals in these containers included: phosphoric acid, muriatic acid, ethylene
glycols, isopropyl alcohol (50&90%), chelating agents, monoethanolamine (caustic cleaner),
hydroxy propyl betaine (anti -bacterial agent), caustic soda, Maquat 624&2420-80 (pesticides),
urea, sodium tripolyphosphate (detergent), NP 10 (surfactant), sodium silicates (viscosity control
agent), and sodium xylenes (stain remover).
e. Heavier staining and standing liquids were observed in the silk screen cleaning
area near the settling drum located on the northwest portion of the 314 W Bland Street building
during the 2017 site reconnaissance.
f. On August 27, 2018, Hart & Hickman completed activities to abandon
underground fill port piping from a previously removed UST located in the southeast corner
underneath the 332 W Bland Street building. Approximately 15 gallons of gasoline and water
mixture was removed from the piping via vacuum truck for off -site disposal and each pipe was
filled with grout.
g. On February 5-7, 2019, Hart & Hickman contracted EVO Corporation (EVO)
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to abandon three USTs in -place on the west -central portion of the Brownfields Property. The
three USTs were discovered during utility installation and include one 15,000-gallon diesel UST,
one 12,000-gallon gasoline UST, and one 2,000-gallon heating oil UST. Approximately 25,500
gallons of non -hazardous water and 350 gallons of petroleum sludge were removed from the
three USTs and disposed of in accordance with applicable regulations at the Winston-Salem
EVO facility. Upon verification that combustible vapors were adequately removed from the
three USTs, each tank was filled in place with concrete.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on February 18, 2019. 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
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated September 26, 2017
a. On November 15, 2017, Prospective Developer purchased the Brownfields Property;
b. On March 9, 2018, Hart & Hickman conducted groundwater and soil sampling at the
Brownfields Property on behalf of the Prospective Developer, and
c. On September 7, 2018 Hart & Hickman conducted soil and sub -slab vapor sampling at
the Brownfields Property on behalf of the Prospective Developer.
d. On February 15 and February 18, 2019, Hart & Hickman conducted soil sampling at
the Brownfields Property on behalf of the Prospective Developer.
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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
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.
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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. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 50 construction jobs during redevelopment and
approximately 20 commercial jobs after redevelopment is complete;
d. tax base improvement with regard to real property and business activity in the
surrounding area, including both increased property tax bases and taxes associated with
increased economic activity;
e. additional retail, office, restaurant, brewery, food production, and other
commercial space for the area;
f. expanded use of mass transit (LYNX Light Rail) which reduces traffic,
improves air quality, and reduces our carbon footprint; and
g. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
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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
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 21,
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 office, retail,
parking, restaurant, indoor/hardscape recreation, open space, entertainment, amenity space,
brewery or food production facility, industrial, warehousing, and with prior DEQ written
approval other commercial uses. For purposes of this restriction, the following definitions apply:
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i. Office defined as the provision of business or professional services.
ii. Retail 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. Parking defined as the temporary accommodation of motor vehicles in
an area designed for same.
iv. Restaurant defined as a commercial business establishment that
prepares and serves food and/or beverages to patrons.
v. Indoor/Hardscape Recreation defined as indoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports -related hard -courts, and
hardscaped picnic and public gathering areas.
vi. Open Space defined as land maintained in a natural or landscaped state
and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
vii. Entertainment defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
viii. Amenity Space defined as hardscaped or landscaped courtyard,
swimming pool, pool deck, fire pit, grilling station, seating areas, and common use interior
clubhouse.
ix. Brewery or Food Production Facility defined as an establishment for
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the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
x. Industrial defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.
xi. Warehousing" defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment or
group of establishments in a particular type of industry or commercial activity.
xii. Commercial 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 without the prior written approval of DEQ.
c. Groundwater at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
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 inches;
ii. mowing and pruning of above -ground vegetation;
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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
Environmental Management Plan (EMP) as outlined below in subparagraph 15.h.
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.h.
f. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 21 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
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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. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 21 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
h. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
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Exhibit 2;
ii. issues related to potential sources of contamination referenced in
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;
i. 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
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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).
j. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
k. 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.
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1. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in
writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of products and materials customarily used and stored in
office, retail, restaurant, brewery or food production facility, warehousing, industrial, and
commercial environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws, or
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons.
in. During January of each year after the year in which the Notice referenced
below in paragraph 21 is recorded, the owner of any part of the Brownfields Property as of
January 1 st 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 1 st, 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
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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. LURU's submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.
iv. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 151 and 21 of this agreement provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent
in lieu of copies of actual leases.
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
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modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.j above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
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
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thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: "This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book , Page .55A 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
GU
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.
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VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 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 September 26, 2017, by which it applied for this
Agreement. That use is retail, office, parking, restaurant, indoor/hardscape recreation, open
space, entertainment, amenity space, brewery or food production facility, industrial,
warehousing, and with prior written DEQ approval, other commercial uses. Prospective
Developer also certifies that to the best of its knowledge and belief it has fully and accurately
disclosed to DEQ all information known to Prospective Developer and all information in the
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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. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
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.
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e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
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
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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 SeMc .
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
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.
24
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

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)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
25
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first-class U.S. mail, as follows:
a. for DEQ:
Caroline Goodwin (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
26
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

b. for Prospective Developer:
Vishal Arora
332 West Bland Street, LLC
733 3rd Avenue, 16th Floor
New York, NY 10017
and
Center Square Investment Management
332 West Bland Street LLC
Attn: Adam Schreiner
630 West Germantown Pike, Suite 300
Plymouth Meeting, PA 19462
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to affect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement and invalidate its signature on this Agreement.
27
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
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
M.
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
332 West Bland Street, LLC
By:
Vishal Arora Date
Authorized Signatory, Magnus Capital Partners LLC
29
21048-17-060/Former Wepak Facility (DRAFT 2019.03.07)

q}.ag I! lr,r..tusrcr �� r 'YYFi r-
h:: • 1 - 5
`ice x - �'9 S _ 6� - - -. :� -r .i•
.t- SITE
4 A, ?
J11t'• f St..
n 5 h
cl
PC
Ilk
�+ " � I� '� r � •��� . Cie: �. ��J.: �� . I`s� '. �
7 ` �� _ P riQ 0 I {c f(j�h � ■ '
r rOe L✓� .y ri �{ F jj
APPROXIMATE
N 0 2000 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CHARLOTTE EAST, NORTH CAROLINA, 1991
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)

Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on February 18, 2019. The following table tables set forth, for contaminants
present at the Property above unrestricted use standards or screening levels, the concentration the
maximum and the most recent concentration found at each sample location, and the applicable
standard or screening level. Screening levels and groundwater and surface water 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) and Non -Residential Vapor Intrusion
Screening Levels of the Division of Waste Management (February 2018 version):
Concentration
NCAC
Non -
Groundwater
Groundwater
Sample
Date of
Exceeding
2L
Residential
Contaminant
Location
Sampling
Standard
Standard
VI Screening
Screening
Leell
(µg/L)
(µg/L)
(µg/L
Benzene
TMW-5
03/09/2018
7.9
1.0
69
Carbon
TMW-4
03/09/2018
4.8 J3
0.3
18
Tetrachloride
Naphthalene
TMW-5
03/09/2018
6.6
6.0
150
Trichloroeth lene
TMW-2
03/09/2018
11
3.0
4.4
Vinyl Chloride
TMW-2
03/09/2018
0.85 J3
0.03
25
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.
s J — Compound was detected at concentration greater than the laboratory method detection limit, but
below the laboratory reporting limit resulting in an estimated concentration.
21048-17-060/Wepak Corporation Property (DRAFT 2019.03.05)
1

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Concentration
Industrial
Soil
Sample
Depth
Date of
Exceeding
Screening
Contaminant
Location
(ft)
Sampling
Screening
Level'
Level
(mg/kg)
mg/k
SB-6
0-1
03/08/2018
13
SB-6
0-1
03/08/2018
17
Arsenic
3
Du -1
SB-8
4.5-5.5
03/08/2018
5.2
Eth lbenzene
UST-1
6-8
2/15/2019
52.9
27
SB-6
0-1
03/08/2018
2,900
SB-6
Lead
800*
0-1
03/08/2018
9,300
Du-1
Naphthalene
UST-1
6-8
2/15/2019
47
18
p-Isopropyl
UST-1
6-8
2/15/2019
20.5
toluene (p-
1.24
UST-2
6-8
2/15/2019
3.34
c ene
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
*Lead screening level is derived from the EPA Regional Screening Level Summary Tables (May 2018).
21048-17-060/Wepak Corporation Property (DRAFT 2019.03.05)
2

NOTES:
1. PHYSICAL IMPROVEMENTS MAY EHST ON SUBJECT PROPERTY THAT ARE NOT SHOWN HEREON.
NOT SUBJECT TO ZONING: 2. ALL CORNERS MONUMENTED AS SHOWN.
THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOTTE OR SUBJECT PROPERTY ZONED. TOD-M S G pU
MECKLENB URG COUNTY SUBDIVISION ORDINANCES AND DOES NOT REQUIRE THE 3. NO RECOVERABLE NGS MONUMENT LOCATED WITHIN 2, 000 FEET OF SUBJECT PROPERTY. SS COY
APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNING COMMISSION. FOR FURTHER INFORMATION CONTACT SOLOMON
HOWEVER, ANYFURTHER SUBDIVISION OF THIS PROPERTYMAYBE SUBJECT TO FORTUNE WITH THE CHARLOTTE-MECKLENBURG �� 4. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE COMMITMENT REPORT. R.B. PHARR & ASSOCIATES, P.A. l
THESE PROVISIONS. PLANNING DEPARTMENT AT 704-336-8326. e_ DOES NOT CLAIM THAT ALL MATTERS OF RECORD WHICH MAYOR MAY NOT AFFECT THE SUBJECT PROPERTYARE SHOWN ✓� S RO
CHARLOTTE-MECKLENBURG PLANNING COMMISSION HEREON.
O� �MpP P I N6 5. ALL AREAS SHOWN HEREON WERE DETERMINED BY COORDINATE COMPUTATION.
PLANNING COMMISSION STAFF DATE ✓J 6. BROKENLINES UNLESS THEY11AVE A METES AND BOUNDS DESCRIPTION, INDICATE PROPERTY LINES NOT SURVEYED.
I �
7. THE OFF -SITE RIGHT -OF-WAYSHOWNHEREONIS FOR ILLUSTRATIVE PURPOSES ONLY. THE UNDERSIGNED CERTIFIES S�
.? ONLY TO THE RIGHT-OF-WAYS SURVEYED, AND DOES NOT CERTIFY TO THE RIGHT OF WAY WIDTH OF ANYADJACENT
REVIEW OFFICER'S CERTIFICATE PROPERTIES.
I, REVIEW OFFICER OF MECKLENB UR G COUNTY, �B• PHARR�
CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED .t\ 8. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM THE BESTI?
MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. AVAILABLE INFORMATIONAT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT 9G
I ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
9. ALL DISTANCES SHOWNHEREONARE HORIZONTAL GROUND DISTANCES, UNLESS OTHERWISE NOTED. VICINITY MAP
REVIEW OFFICER DATE 5 I NOT TO SCALE
10. BOUNDARYINFORMATION SHOWN HEREON TAKENFROMA SURVEYPERFORMED BYR. B. PHARR &ASSOCIATES, P. A.,
DATED SEPTEMBER 22, 2017, BEARING JOB NO. 87468Jw
Ix �I
I� CI
1 a
LOTS 3-9, A, B, & C; BLOCK 4 I Q a l
"PROPERTY OF ISREAL SCHWARTZ"
' M.B. 332, PG. 429
BATANDPICK PARTNERS, LLC I T
D.B. 28404, PG. 272
PIN: 073-083-09
� I I
COMMON AREA F
EN I I M.B. 48, PG. 968
10'ALLEY 2" � I THE BLOCK AT CHURCH STREET
(M.B. 230, PG. 81)
_ 1/2"NIR TMW2 -S48°22'04"E 400.00'(T) 1 2'N 'oEIP r!l I OWNERS ASSOCIATION, INC
/ I�
- - - - I - - - - - 4.1' 300.00. 3.9' 1/2"NIR 50.00' 1/2"NIR 50.00' 5.0'
' I 204.7' °'jzl FFE= 132.9'
10' REAR YO 725.28
OZ WCc ARD ' I (ZONING) -
z I
AWN
�3w1� ICE, a00
(n W ^ W '
� I
a
to o Q ' I 3.9 #332 I FFE= FFE= FFE= FFE= FFE=
O w 55.0' FFE= 1-STORY BRICK/BLOCK 734.46 734.48 95.0' 734.43 734.45 734.4
a z z ' 731.74 LOTS 5-12, BLOCK 2
3 O I WAREHOUSE BUILDING „ LOADING DOCK
G PROPERTY OF A. M. McDONALD" I'
FOOTPRINT = 35,104 SQ. FT. BUILDING OVERHANG
G C7 M.B. 230, PG. 81 OVER
------------------------------------------J
WEST BLAND STREET, i 02 LC \ LINE
073 E
O D32639,
-083-03
57,9972 SO. FT. OR
1.3309 ACRESLo
•
T
AUTO PARTS & w - SB-8
SALVAGE CO. n
' O (DEED NOT FOUND) M
PIN: 073-083-02 FFE= FFE= FFE=
' q z 734.07 734.19734.10- - - - - - - -
' LOADING DOCK �s
LOADING
' IDOCK9• \ -
� O I \FFE=
' 734.15
O • a
1 j - - - - - - SB-6/Dup-01 I Y
' FFE-
731.63' CD �I w m a
FFE
oWI
N NZ734.7� �0 \ \
La tt
1.81
BUILDING 731.81 TE �Li
of
HEIGHT=17.6' I V)
Ln
a
IQa 20' MINIMUM SETBACK UST-1
T( �7+ +
I FFE= (ZONING) V �J 1 -1 � \ I NC GRID NAD 83 /
731.73 \ POINT OF BEGINNING
' I 3 8 \BUILDING OVER -
LINE 1.4' _ N:539,972.43'
E:1,445,306.00' /
' 0.3OFF R/W 0.3' OFF R/W TMW-S UST-2 1.0' OFF R/WN
56.0' 734.08 7 E.59 FFE= 0 9' OFF R/W
I------------ ------------ 107.0' _ x .Q. X GATE-
_ 300.00' NN ✓ �n n X
APPROXIMATE Rr ryN N48°22'04"W 385.56'(T) NN
6"CURB 6"CURB a"ci iaa
60'
5"E
51�?5
,12g1
or
EN
APPROXIMATE�W
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LEGEND:
TEMPORARYMONITORING WELL LOCATION (J�
SOIL BORING LOCATION •
C&G - CURB & GUTTER
CGF - COMBINED GRID FACTOR
DB. - DEED BOOK
EIP - EXISTING IRON PIPE
EIR - EXISTING IRON ROD
EN - EXISTING NAIL
MB. - MAP BOOK
N.G.S. - NATIONAL GEODETIC SURVEY
NIR - NEW IRON ROD
NN - NEW NAIL
PIN- PARCEL IDENTIFICA TION NUMBER
PG. - PAGE
R/W - RIGHT-OF-WAY
(T) - TOTAL
LINE LEGEND:
BROWNFIELDS PROPERTYLINE
PROPERTYLINE (NOT SURVEYED) - - -
RIGHT-OF-WAY (NOT SURVEYED) - - - - - - -
SETBACK - CHAIN LINK FENCE x
WEST BLAND STREET
60' PUBLIC R/W
(SCALED FROMMECKLENBURG COUNTY GIS, "POLARIS"
PIN: 013-272-65
I I I I I
U
U �zz�
q06
U � I
NGS MONUMENT "McDOWELL"
ONC GRID NAD 83 PENN STREET
E:1,452,816.02'
`> I ELEV: 681.79' 34' PRIVATE STREET
/ , I (M.B. 48, PG. 968)
p0C0
Cb
^1
�4�1O I i
/
/ _ I
SPEED HUMP
/ COMMON AREA E
M.B. 48, PG. 968
U /
THE BLOCK AT CHURCH STREET
o / I OWNERS ASSOCIATION, INC
M /
PIN: 073-272-60
/
U O '
1 /2"EIR
BASE
` ------------
APPROXIMATE R/W
6"CURB
30„CBcG
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
374 EIR
I
I
GRAINGER W W, INC.
D.B. 6389, PG. 820
PIN: 073-101-27
GRAPHIC SCALE
10 20 40
( IN FEET )
1 inch = 20 ft.
LINE
BEARING
DISTANCE
L1
S41°31'59"W
13.29'
L2
S62°56'28"W
5.11'
L3
S50°13'56"W
10.22'
CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH
Cl 20.00' 16.12' N71°27'21"W 15.69'
BATANDPICK PARTNERS, LLC
D.B. 29025, PG. 65
M.B. 230, PG. 81
PIN: 073-101-19
GPS CERTIFICATION:
I, JUSTIN F. CLONINGER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY
SUPER VISIONFROMANACTUAL GPS SURVEYMADE UNDER MY SUPER VISIONAND
THE FOLLOWING INFORMATION WAS USED TO PERFORM THE SURVEY -
(I) CLASS OF SURVEY.• A(1:10, 000)
(2) POSITIONAL ACCURACY: HORZ. NORTH=0.00045 EAST=0.0016 VERT. =0.005
(3) TYPE OF GPS FIELD PROCEDURE: REAL-TIME KINEMATIC
(4) DATES OF SURVEY. 9115117
(5) DATUM/EPOCH- NAVD 88 (VERTICAL); NAD 83(2011) (HORIZONTAL)
(6) PUBLISHED/FIXED-CONTROL USE: NGS MONUMENT'McDOWELL"
(7) GEOID MODEL: GEOIDI2B(CONUS)
(8) COMBINED GRID FACTOR(S): 0.99984487
(9) UNITS: US SURVEYFEET
SURVEYOR'S CERTIFICATE:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, THE UNDERSIGNED SURVEYOR, CERTIFY THAT THIS PLAT WAS DRAWN UNDER
MY SUPER VISIONFROMANACTUAL SURVEYMADE UNDER MYSUPER VISION
(DEED REFERENCE: 32639-102); THAT THE BOUNDARIES NOT SURVEYED ARE
CLEARLYINDICATED AS DRAWNFROM INFORMATIONAS REFERENCED ON THE
FACE OF THIS PLAT,• THAT THE RATIO OF PRECISION AS CALCULATED EXCEEDS
1: 10,000 LINEAR FEET; THAT THIS PLAT WAS PREPARED INACCORDANCE WITH
G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER
AND SEAL THIS 7th DAY OF NOVEMBER, A.D., 2018.
THIS PLAT IS OF A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND.
JUSTINF. CLONINGER, PLS (L-4430) DATE
FLOOD CERTIFICATION:
THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY I S NOT
LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON
MAPS PREPARED BY THE FEDERAL EMERGENCYMANAGEMENT
AGENCY, FEDERAL INSURANCE ADMINISTRATION, DATED
S_E_P_T_E_M_B_E_R2, 2015
MAP NUMBER 3710454400K; ZONE X
01/2-SR
SHEET 1 OF 2
5/8"EIR
BASE
NOTE: NOT A VALID TOTAL AREA: 57,972 SQ. FT.
SURVEY WITHOUT OR 1.3309 ACRES
BOTH SHEETS.
PLOTTED: 3/22/2019
G:\88\8\88845\DWG\88845.DWG

FOR THE PURPOSES OF § N. C. G.S 130A-310.35
MICHAEL E. SCOTT, DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAR OLINA
COUNTY OF WAKE
EXHIBIT 2 TABLES:
The most recent environmental sampling at the Property reported in the Environmental Reports
occurred on February 15, 2019. The following table tables set forth, for contaminants present at the
Property above unrestricted use standards or screening levels, the concentration the maximum and the
most recent concentration found at each sample location, and the applicable standard or screening level.
Screening levels and groundwater and surface water 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) and Non -Residential Vapor Intrusion Screening Levels of
the Division of Waste Management (February 2018 version):
Concentration
NCAC
Non -Residential
Groundwater
Sample
Date of
Exceeding
2L
VI Screening
Contaminant
Location
Sampling
Standard
Standard
Level'
(µg/L)
41g/L)
(g/L)
Benzene
TMW-5
03/09/2018
7.9
1.0
69
Carbon
Tetrachloride
TMW-4
03/09/2018
4.8 J2
0.3
18
Naphthalene
TMW-5
03/09/2018
6.6
1 6.0
1 150
Trichloroethylene
TMW-2
03/09/2018
11
1 3.0
1 4.A
Vinyl Chloride
TMW-2
03/09/2018 0.85Jz
0.03
25
1 Screning levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens
are for a 1.0E-5 lifetime incremental cancer risk.
2 J-Compound was detected at concentration greater than the laboratory method detection limit, but below the
laboratory reporting limit resulting in an estimated concentration
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening
levels for which are derived from the Preliminary Industrial Health- Based Soil Remediation Goals of
the Inactive Hazardous Sites Branch of DEQ's Superfund Section (February 2018 version):
Concentration
Soil
Sample
Date of
Exceeding
Industrial
Contaminant
Location
Depth (ft)
Sampling
Screening Level
Screening
(mg/kg)
Level' (mg/kg)
SB-6
0-1
03/08/2018
13
Arsenic
SB-6
0-1
03/08/2018
17
3
Dup-01
SB-8
4.5-5.5
03/08/2018
5.2
Ethylbenzene
UST-1
6-8
02/15/2019
52.9
27
SB-6
0-1
03/08/2018
2,900
Lead
SB-6
0-1
03/08/2018
9,300
800*
Dup-01
Naphthalene
UST-1
6-8
02/15/2019
47.0
18
p-Isopropyltoluene
UST-1
6-8
1 02/15/2019
1 20.5
(p-cymene)
UST-2
6-8
1 02/15/2019
1 3.34
1.24z
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for a 1.0E-6 lifetme incremental cancer risk.
2 IHSB Protection of Groundwater PSRG used for comparison to p-cymene concentration as an Industrial PSRG has not been established.
*Lead screening level is derived from the EPA Regional Screening Level Tables (June 2017).
LAND USE RESTRICTIONS:
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that
identifies any restrictions on the current and future use of a Brownfields Property that are necessary or
useful to maintain the level of protection appropriate for the designated current or future use of the
property and that are designated in a Brownfields Agreement pertaining to the property. This survey
plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on
this plat and recorded at the Buncombe County Register of Deeds' office. The exhibits to the Notice
are: the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a
reduced version of this survey plat, which is attached as Exhibit B to the Notice; and a legal description
for the subject property, which is attached as Exhibit C to the Notice. The land use restrictions below
have been excerpted verbatim from paragraph 15 of the Brownfields Agreement, and all
paragraph letters/numbers are the same as those used in the Brownfields Agreement. The
following Land Use Restrictions are hereby imposed on the Brownfields Property and shall
remain in force in perpetuity unless canceled by the Secretary of the North Carolina Department
of Environmental Quality (or its successor in function), or his/her designee, after the hazards
have been eliminated, pursuant to NCGS § 130A-310.35(e):
a. No use may be made of the Brownfields Property other than office, retail, parking, restaurant,
indoor/hardscape recreation, open space, entertainment, amenity space, brewery or food production
facility, industrial, warehousing, and with prior DEQ written approval other commercial uses. For
purposes of this restriction, the following definitions apply:
i. Office defined as the provision of business or professional services.
ii. Retail 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. Parking defined as the temporary accommodation of motor vehicles in an area designed
for same.
iv. Restaurant defined as a commercial business establishment that prepares and serves food
and/or beverages to patrons.
v. Indoor/Hardscape Recreation defined as indoor exercise -related, physically focused, or
leisure -related activities, whether active or passive, and the facilities for same, including, but not
limited to, studios, swimming pools, sports -related hard -courts, and hardscaped picnic and public
gathering areas.
vi. Open Space defined as land maintained in a natural or landscaped state and used for
natural resource protection, buffers, greenways, or detention facilities for stormwater.
vii. Entertainment defined as private, public, and community activities (such as, for example,
festivals, theater, musical events or shows), which may include food and beverage service.
viii. Amenity Space defined as hardscaped or landscaped courtyard, swimming pool, pool
deck, fire pit, grilling station, seating areas, and common use interior clubhouse.
ix. Brewery or Food Production Facility defined as an establishment for the manufacture,
sale and/or distribution of beverages or food products, including without limitation beer and ale,
together with associated public roadways and related infrastructure.
x. Industrial defined as the assembly, fabrication, processing, warehousing or distribution of
goods or materials.
xi. Warehousing" defined as the use of a commercial building for storage of goods by
manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to
the storage of goods and materials for a specific commercial establishment or group of establishments
in a particular type of industry or commercial activity.
xii. Commercial 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 without
the prior written approval of DEQ.
c. Groundwater at the Brownfields Property may not be used for any purpose, other than in
connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
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 inches;
ii. mowing and priming 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 Environmental
Management Plan (EMP) as outlined below in subparagraph 15.h.
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 151.
£ No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 21 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. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in
relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields
Property depicted on the plat component of the Notice referenced in paragraph 21 below shall be in
accordance with applicable legal requirements, including without limitation those related to lead and
asbestos abatement that are administered by the Health Hazards Control Unit within the Division of
Public Health of the North Carolina Department of Health and Human Services.
h. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by DEQ
in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase)
that is consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in Exhibit 2;
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;
i. 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:
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
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).
j. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such
assessment or remediation, which is to be conducted using reasonable efforts to minimize interference
with authorized uses of the Brownfields Property.
k. 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.
1. None of the contaminants known to be present in the environmental media at the Brownfields
Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional
contaminants in excess of applicable standards are discovered at the Brownfields Property, may be
used or stored at the Brownfields Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance
activities;
ii. as constituents of products and materials customarily used and stored in office, retail,
restaurant, brewery or food production facility, warehousing, industrial, and commercial environments,
provided such products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws, or
iii. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on -board tanks integral to said equipment or in flammable liquid storage
containers totaling no more than 25 gallons.
in. During January of each year after the year in which the Notice referenced below in paragraph
21 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 1 st, the Notice of
Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg
County Register of Deeds office and that the land use restrictions are being complied with. The
submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of
the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the
previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address, if said owner transferred any part of the Brownfields Property during the
previous calendar year;
iii. LURU's submitted for any portion of the Brownfields Property that contains rental
units shall include a list of tenants and their addresses.
iv. A LURU submitted for rental units shall include the rent roll and enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 151 and 21 of this agreement provided that if standard form leases are used
in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the
DEQ official referenced in subparagraph 35.a. of Exhibit A hereto, at the address stated therein.
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Exhibit C
Legal Description
Brownfields Property: Former Wepak Facility
Brownfields Project Number: 21048-17-060
Being that certain parcel of land lying and being in the City of Charlotte, Mecklenburg County, North
Carolina, and being more particularly described as follows:
COMMENCING at an existing NGS monument "McDowell" having NC NAD 83(2011) coordinates of
N: 541,237.39', E: 1,452,816.02'; thence S 80°26'20" W a ground distance of 7,616.99 feet to a new nail,
the POINT OF BEGINNING, said nail being situated on the northerly corner of the intersection of West
Bland Street (60' public r/w) and South Church Street (variable width public r/w); thence with the
northeasterly margin of the right-of-way of West Bland Street; N 48°22'04" W a distance of 385.56 feet to
a new nail; said point being the southerly most corner of Auto Parts & Salvage Co. property (now or
formerly); thence with Auto Parts & Salvage Co. property, N 41 °3 F59" E a distance of 145.00 feet to a
11/2" new iron rod situated on the southwesterly margin of a 10 foot alley as shown in Map Book 230, Page
81 of the Mecklenburg County Public Registry; thence with said alley, S 48°22'04" E a distance of 400.00
feet to a'/2" new iron rod; said point being situated on the northwesterly margin of the right-of-way of
South Church Street; thence with the northwesterly margin of the right-of-way of South Church Street,
three (3) courses and distances as follows: 1)S 4P3 F59" W a distance of 13.29 feet to a'/2" new iron rod;
2) S 4P3 F59" W a distance of 125.56 feet to a'/2" new iron rod; 3) with a curve turning to the right
having a radius of 20.00 feet, an arc length of 16.12 feet, (chord: N 71 °2721" W, 15.69 feet), back to the
Point and Place of BEGINNING. Containing 57,972 sq. ft or 1.3309 acres according to a survey by R. B.
Pharr & Associates, P. A. dated November 7, 2018. (Job No. 88845)