21041_Northend Square II_Full NI 2019.05.23

21041-17-060/Northend Square II (2019.05.23)

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Northend Square II Brownfields Project Number: 21041-17-060
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 May 24, 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

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Property Owner: The Drakeford Company, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Site Name: Northend Square II Brownfields Project Number: 21041-17-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well
as the plat component, have been filed this _____ day of __________________, 201__ by The Drakeford Company, 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 813 Oaklawn Avenue in Charlotte, Mecklenburg County, North Carolina. The Brownfields Property is one parcel consisting of approximately 7.2 acres of vacant, wooded and grass-covered land. The Brownfields Property was most recently
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occupied by a church, single-family residences, three auto body repair shops, machinery shop, truck repair, apartments, restaurant, filling station and drycleaner from approximately 1929 until 1976. McCall Street transected the Brownfields Property from north to south from at least 1938
until 1971. The Brownfields Property has volatile organic compounds (VOCs) and semi-volatile organic compounds (SVOCs) in groundwater, VOCs in soil gas, and metals and VOCs in soil. The Drakeford Company, LLC intends to redevelop the Brownfields Property for multi-family residential, office, retail, recreation, open space, parking, and with prior written DEQ 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 17 of the Brownfields Agreement, and all paragraph numbers are the same as those used in the
Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property:
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a. No use may be made of the Brownfields Property other for multi-family residential, office, retail, recreation, open space, parking, and with prior DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply:
i. “Multi-Family Residential” defined as multi-unit human dwellings, such as condominiums, apartments, or townhomes with limited yards (limitations to be determined in consultation with DEQ) . Single family homes, townhomes, duplexes, or other units with yards are prohibited unless approved in writing by DEQ in advance.
ii. “Office” defined as the provision of business or professional services. iii. “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. iv. “Recreation” defined as indoor and outdoor exercise-related, physically focused,
or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. v. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for stormwater.
vi. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. vii. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
b. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to a particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater and/or surface water)
may occur on the Brownfields Property unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 18.a above while fully protecting public health and the environment. Prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such
activities, and submittal of the analytical results to DEQ is required. If such results reflect
contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes. Activities may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be
suitable for the uses specified in subparagraph 18.a above while fully protecting public health and
the environment. c. 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 18.a above while fully protecting public health and the environment, except:
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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
written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken and; iv. in connection to work conducted in accordance with a DEQ-approved EMP as outlined in subparagraph 18.g.
d. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in subparagraph 18.g.
e. No enclosed building may be constructed on the Brownfields Property until DEQ determines in writing that: i. the building is or would be protective of the building’s users, public health and the environmental 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 designed, installed, and implemented in
a manner that will fully protect public health 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, and to DEQ. 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. f. Surface water 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.
g. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with
all the other land use restrictions and describes redevelopment activities at the Brownfields
Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
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
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soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment; and v. final grade sampling must be included in the EMP or submitted separately in accordance with the Work to be Performed, Paragraph 13 above. h. By January 31 of each year after 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). i. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting
such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. j. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If every deed, lease and/or rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form deed, lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed deeds, 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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k. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the
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; or
ii. in fluids in vehicles; and iii. as constituents of products and materials customarily used and stored in multi-family residential, office, retail, and with prior DEQ approval, other commercial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws.
l. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance. m. During January of each year after the year in which the Notice referenced below in Paragraph 23 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the
chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:

i. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner or board, association or approved entity submitting the LURU if said owner, or each of the owners on whose behalf the joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year.
ii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 18.e.iii above are performing as designed, the results of any ongoing monitoring events pursuant to subparagraph 18.e.iii, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. iii. A LURU submitted for Multi-Family rental units shall include the rental rates
and enough information from each lease entered into during the previous calendar year to
demonstrate compliance with lessee notification requirements in paragraphs 18.j and 24 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. iv. A property owners’ association or other entity may perform this LURU’s duties,
on behalf of some or all owners of the Brownfields Property, if said association or entity has
accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.
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For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official referenced in subparagraph 37.a. of Exhibit A hereto, at the address stated therein.
ENFORCEMENT The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. 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.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 201__.
The Drakeford Company, LLC By: __________________________________________ Robert Drakeford
Manager, The Drakeford Company, LLC NORTH CAROLINA _______________ COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________

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************************************ ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land use restrictions contained herein. TDC Greenville, LLC
By: _______________________________________________ ________________________ Robert Drakeford, Manager Date
NORTH CAROLINA _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _____________________

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************************************ APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY The foregoing Notice of Brownfields Property is hereby approved and certified. North Carolina Department of Environmental Quality
By: _________________________________________ ________________________ Michael E. Scott Date Director, Division of Waste Management

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EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: The Drakeford Company, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Northend Square II
OF 1997, NCGS § 130A-310.30, et seq. ) 813 Oaklawn Avenue Brownfields Project # 21041-17-060 ) Charlotte, Mecklenburg County I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and The Drakeford Company, LLC (collectively
the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 813 Oaklawn Avenue, Charlotte, Mecklenburg
County, 28206 (the “Brownfields Property”). A map showing the location of the Brownfields
Property that is the subject of this Agreement is attached hereto as Exhibit 1.
The Drakeford Company, LLC is a manager-managed North Carolina limited liability
company. Its manager is Robert T. Drakeford. The Drakeford Company, LLC is located at 1914
Brunswick Avenue, Suite 1A, Charlotte, NC, 28207-1891. The Drakeford Company, LLC
intends to redevelop the Brownfields Property for multi-family residential, office, retail,
recreation, open space, parking, and with prior written DEQ approval, other commercial uses.
The Brownfields Property is one parcel (PIN# 07844101) consisting of approximately 7.02 acres.
The Brownfields Property was most recently occupied by a church, single-family residences,
three auto body repair shops, machinery shop, truck repair, apartments, restaurant, filling station
and drycleaner from approximately 1929 until 1976. McCall Street transected the Brownfields
Property from north to south from at least 1938 until 1971. The Brownfields Property is
currently vacant grassy and wooded land. The Brownfields Property has volatile organic
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compounds (VOCs) and semi-volatile organic compounds (SVOCs) in groundwater, VOCs in
soil gas, and metals and VOCs in soil.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of The Drakeford Company, LLC for contaminants at the Brownfields
Property. The Parties agree that The Drakeford Company, LLC’s entry into this Agreement, and
the actions undertaken by The Drakeford Company, LLC in accordance with the Agreement, do
not constitute an admission of any liability by The Drakeford Company, LLC for contaminants at
the Brownfields Property. The resolution of this potential liability, in exchange for the benefit
The Drakeford Company, 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 The Drakeford Company, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel totaling approximately 7.02 acres.
Prospective Developer has committed itself to redevelopment for no uses other than multi-family

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residential, office, retail, recreation, open space, parking, and with prior written DEQ approval,
other commercial uses.
4. The Brownfields Property is bordered to the northwest by Spring Street, beyond which
is First Mayfield Memorial Baptist church (901 Oaklawn Avenue); to the north by Oaklawn
Avenue beyond which is the Charlotte Mecklenburg Police Department Police Activities League
Center (812 Oaklawn Avenue) and Anita Stroud Senior Apartments (1110 Rising Oak Drive); to
the east by Statesville Avenue beyond which are commercial and industrial facilities including
the former Rite Aid facility (Brownfields Project 20050-16-060, 1776 Statesville Avenue); to the
south by Callahan Street beyond which is C N Jenkins Memorial Presbyterian Church; and to the
southwest by Callahan Street beyond which is land used for single-family residences and Green
Haven Apartments.
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 II Environmental Site Assessment Altura Environmental Inc. May 4, 2005
Underground Tank Storage
Report/Phase II Soil Investigation
Report
Altura Environmental Inc. May 26, 2006
Soil and Groundwater Investigation Altura Environmental Inc. March 30, 2007
Report of Phase I Limited Site Assessment Mactec Engineering and Consulting, Inc. June 18, 2007
Soil Cleanup Report Mactec Engineering and Consulting, Inc. July 12, 2007
Notice of No Further Action Letter NCDEQ UST Section August 3, 2007
Phase I ESA Amec Foster Wheeler September 14, 2017
Brownfields Assessment Report
Wood Environment &
Infrastructure Solutions,
Inc.(Wood)
February 4, 2019
Report of Soil-Gas Sampling and
Analysis
Wood Environment &
Infrastructure Solutions, Inc. April 12, 2019

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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. The Brownfields Property was first developed as early as 1929 with single-
family residences, apartments, auto body repair facilities, a gasoline station, trucking and
transportation facility, a dry cleaner, and retail stores.
b. The dry cleaner was located on the western portion of the Brownfields Property
from at least 1929 until 1963.
c. The auto body shops were located on the southeastern portion of the
Brownfields Property from at least 1929 to the 1970s. An auto body manufacturing, machine
shop, and auto painting warehouse were located on the eastern portion of the Brownfields
Property in the 1950s through 1960s.
d. A church occupied the Brownfields Property from at least 1948 until 1971.
e. A truck repair shop (southeast portion) and filling stations (eastern and
northwestern portions) operated on the Brownfields Property from at least 1963 to 1971.
f. According to Sanborn Maps and historic aerials, McCall Street transected the
Brownfields Property from at least 1938 until 1971. McCall Street transected the center of the
Brownfields Property from north to south. Various other dirt roads also transected the
Brownfields Property during that same time.
g. The Brownfields Property appears to have been a vacant, grassy lot since at
least 1976 to present day.
h. Prospective Developer, doing business as TDC Greenville, LLC, purchased the
Brownfields Property on August 7, 2007. Robert T. Drakeford is the manager and sole member
of The Drakeford Company, LLC and TDC Greenville, LLC.
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7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. On January 31st and February 1-11, 2005, Altura Environmental conducted soil
and groundwater sampling as well as test pit excavations in order to investigate potential impacts
from on-site historical operations including gasoline service stations, auto body repair shop, a
trucking and transport facility, and a bulk oil facility. Polynuclear Aromatic Hydrocarbons
(PAHs) were detected in soil that exceeded the Residential Preliminary Soil Remediation Goals
(PSRGs). Bis(2-ethylhexyl) phthalate and tetrachloroethylene were detected in groundwater that
exceeded the 15A NCAC 2L Groundwater Quality Standard (2L).
b. On April 25, 2006, Altura investigated soil impacts from a fire/former burn pit.
Four soil samples were analyzed for Semi-Volatile Organic Compounds (SVOCs). There were
no detections above an applicable standard for SVOCs in this area. Three heating oil
underground storage tanks (USTs), one 1,000-gallon and two 500-gallon in size, were also
removed from the Brownfields Property on April 25, 2006 (Incident #36258) by the Responsible
Party (RP), the City of Charlotte. Approximately 2,100 gallons of water and residual heating oil
were removed from the tanks. No soil impacts were apparent in the tank basins so they were
backfilled with native soils and fill dirt from a nearby quarry. Groundwater contamination did
not appear to be related to the USTs so the incident was closed out by the NCDENR
Underground Storage Tank Section through the issuance of a Notice of No Further Action letter
dated August 3, 2007.
c. The June 18, 2007 Phase I LSA also included soil sampling for the 1,000-
gallon UST. Soil samples were analyzed for Volatile Organic Compounds (VOCs), SVOCs, and
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Extractable Petroleum Hydrocarbon/Volatile Petroleum Hydrocarbon (EPH/VPH). Total
Petroleum Hydrocarbons (TPH) were detected in soil above the Residential PSRGs. On June 26,
2007, a total of 63.89 tons of petroleum-impacted soil were removed and transported to a
permitted facility.
d. During December 2018 and January 2019, Wood conducted additional soil and
groundwater assessment in accordance with the Brownfields Program at the Brownfields
Property. Soil samples contained exceedances of the residential PSRGs for arsenic, hexavalent
chromium, and benzo(a)pyrene. Groundwater 2L exceedances at the Brownfields Property
included several petroleum compounds, tetrachloroethylene, and trichloroethylene. Based on the
groundwater exceedances, the Brownfields Program requested soil gas sampling at the
Brownfields Property. There were detections of VOCs but no exceedances of the residential
sub-slab or exterior soil gas screening level (SGSL).
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 August 30, 2017 (and
subsequent amendments to the Brownfields Property boundary), and the following:
a. Prospective Developer purchased the Brownfields Property on August 7, 2007
and
b. conducted environmental assessment at the Brownfields Property in December
2018, January 2019, and March 2019.
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
7 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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.
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
8 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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 temporary construction jobs;
d. an increase in tax revenue for affected jurisdictions;
e. additional residential, office, retail, open space, and/or recreational space for
the area;
f. housing for the workforce population which shall be priced using the following
framework: For rental units, at least ten (10) percent of the units shall be rented at rates that are
affordable for households earning 80 to 100% of the area median income. At least another ten
(10) percent of the units will be rented at rates that are affordable to households earning
100 to120% of the area median income; these affordability requirements shall be achieved for a
period of at least 5 years. For units for sale, at least 20% of units shall be priced to be affordable
for households earning 80% to 120% of the area median income; these affordability
requirements will be achieved for the initial sale;
g. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint, and
h. “smart growth” through use of land in an already developed area, which avoids
9 21041-17-060/Northend Square II (DRAFT 2019.05.23)
development of land beyond the urban fringe (“greenfields”).
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
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. Prior to any final closing for occupancy, the Prospective Developer shall conduct
representative final grade soil sampling of any area of the Brownfields Property that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways
pursuant to a plan or Environmental Management Plan (“EMP”) referenced in subparagraph
18.g.v approved in writing by DEQ unless otherwise approved in writing by DEQ in advance.
15. PD will communicate/consult with DEQ regarding the calculation of what is
affordable for the two income levels stated in paragraph 12.f. above.
16. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
17. Prior to the occupation of any dwelling to be constructed on the Brownfields
Property, the Prospective Developer shall cause the Brownfields Property to be subject to a
10 21041-17-060/Northend Square II (DRAFT 2019.05.23)
declaration of covenants, conditions, and restrictions, or a functionally equivalent instrument
recorded or to be recorded in the Mecklenburg County Public Registry (the "Declaration"), and
shall also establish a homeowners’ association, a lot owners’ association, or similar entity
associated with the Brownfields Property ("Property Association") as the administrator of the
Declaration and ensuring it is initialized with resources consistent with subparagraph 17.e below.
a. The Declaration shall provide that all owners of all or part of the Brownfields
Property shall strictly comply with the terms and conditions of this Agreement and the Notice of
Brownfields Property referenced below in paragraph 23.
b. For the purposes of N.C.G.S. §130A-310.35(f), which authorizes various
persons to enforce land use restrictions, the Declaration shall provide that the Property
Association is such a person so authorized by the Act to administer and enforce the land use
restrictions as an owner of land and as a person eligible for liability protection pursuant to the
Act. Further, the Declaration shall provide that the Property Association has the authority to
administer and enforce the land use restrictions on behalf of all lot owners and members of the
Property Association.
c. The Declaration shall provide the Property Association the authority and the
obligation, to the extent permissible under North Carolina law, to treat any violation of the terms
and conditions of this Agreement or of the Notice of Brownfields Property by any owner of any
part of the Brownfields Property as a violation of the Declaration and to undertake any and all
enforcement remedies provided in the Declaration for such a violation. The Declaration shall
provide that, in the event a violation of this Agreement or the Notice of Brownfields Property by
any owner of any part of the Brownfields Property becomes known to the Property Association,
the Property Association will undertake reasonable enforcement actions to correct said
11 21041-17-060/Northend Square II (DRAFT 2019.05.23)
violations. Furthermore, the Declaration shall specifically provide that failure by any owner of
any part of the Brownfields Property to remedy or correct such violations of this Agreement and
the Notice of Brownfields Property after any applicable notice and cure periods to the reasonable
satisfaction of DEQ could result in that owner's loss of liability protection afforded by this
Agreement and the Act.
d. The Declaration shall provide that the Property Association will notify DEQ of
violations of this Agreement or the Notice of Brownfields Property by any owner of any part of
the Brownfields Property and any associated enforcement actions taken or planned within thirty
(30) days of such violation becoming known to the Property Association.
e. The Declaration shall provide that the Property Association for the Multi-
Family Residential portion of the development maintain a cash reserve dedicated for use in
undertaking the obligations set forth in this Agreement. The cash reserve shall initially be not
less than Ten Thousand Dollars ($10,000.00) and shall be increased in the future as deemed
necessary by the Property Association in order to ensure its obligations to enforce the land use
restrictions can be carried out. The amount of the cash reserve may be
decreased with DEQ’s prior written consent, which shall not be unreasonably withheld,
conditioned, or delayed.
f. The portions of the Declaration, and the portions of the bylaws of the Property
Association, pertaining to the subject matter of this Paragraph 17 shall be submitted to DEQ for
review and comment as to the subject matter of this Paragraph 17, which shall not be
unreasonably withheld, conditioned, or delayed, and shall be deemed approved if DEQ does not
respond to such submittal within fifteen (15) business days.

12 21041-17-060/Northend Square II (DRAFT 2019.05.23)
g. The Declaration shall further provide that the Property Association will be
responsible for submission of copies of deeds and other instruments of conveyance to the persons
listed in Section XV (Notices and Submissions) of this Agreement in accordance with Paragraph
24 below.
18. By way of the Notice of Brownfields Property referenced below in Paragraph 23,
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 for multi-family
residential, office, retail, recreation, open space, parking, and with prior DEQ approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. “Multi-Family Residential” defined as multi-unit human dwellings,
such as condominiums, apartments, or townhomes with limited yards (limitations to be
determined in consultation with DEQ) . Single family homes, townhomes, duplexes, or other
units with yards are prohibited unless approved in writing by DEQ in advance.
ii. “Office” defined as the provision of business or professional services.
iii. “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.
iv. “Recreation” defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports-related courts and fields, open
13 21041-17-060/Northend Square II (DRAFT 2019.05.23)
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
v. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater.
vi. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
vii. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to a particular activity, no activities that encounter, expose, remove or
use groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater and/or
surface water) may occur on the Brownfields Property unless and until DEQ states in writing, in
advance of the proposed activity, that said activity may occur if carried out along with any
measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses
specified in subparagraph 18.a above while fully protecting public health and the environment.
Prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas
proposed for such activities, and submittal of the analytical results to DEQ is required. If such
results reflect contaminant concentrations that exceed the standards and screening levels
applicable to the uses authorized for the Brownfields Property, the groundwater-related activities
proposed may only occur in compliance with any written conditions DEQ imposes. Activities
may occur if carried out along with any measures DEQ deems necessary to ensure the
Brownfields Property will be suitable for the uses specified in subparagraph 18.a above while
14 21041-17-060/Northend Square II (DRAFT 2019.05.23)
fully protecting public health and the environment.
c. 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 18.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 written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined in subparagraph 18.g.
d. Soil may not be removed from, or brought onto, the Brownfields Property without
prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined in subparagraph 18.g.
e. No enclosed building may be constructed on the Brownfields Property until DEQ
determines in writing that:
i. the building is or would be protective of the building’s users, public
health and the environmental from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
15 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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 designed, installed, and
implemented in a manner that will fully protect public health 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,
and to DEQ. 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.
f. Surface water 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.
g. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:

16 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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);
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment; and
v. final grade sampling must be included in the EMP or submitted
separately in accordance with the Work to be Performed, Paragraph 13 above.
h. By January 31 of each year after 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,
17 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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).
i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every deed, lease and/or rider is identical in form, the owner conveying an
interest may provide DEQ with copies of a form deed, lease or rider evidencing compliance with
this paragraph, in lieu of sending copies of actual, executed deeds, 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.
18 21041-17-060/Northend Square II (DRAFT 2019.05.23)
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
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; or
ii. in fluids in vehicles; and
iii. as constituents of products and materials customarily used and stored
in multi-family residential, office, retail, and with prior DEQ approval, other commercial
environments, provided such products and materials are stored in original retail packaging and
used and disposed of in accordance with applicable laws.
l. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
m. During January of each year after the year in which the Notice referenced
below in Paragraph 23 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
19 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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 or board, association or approved entity submitting
the LURU if said owner, or each of the owners on whose behalf the joint LURU is submitted,
acquired any part of the Brownfields Property during the previous calendar year.
ii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 18.e.iii above are performing as designed, the results of any ongoing monitoring
events pursuant to subparagraph 18.e.iii, and whether the uses of the ground floors of any
buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how.
iii. A LURU submitted for Multi-Family rental units shall include the
rental rates and enough information from each lease entered into during the previous calendar
year to demonstrate compliance with lessee notification requirements in paragraphs 18.j and 24
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.
iv. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.
19. 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.
20 21041-17-060/Northend Square II (DRAFT 2019.05.23)
20. 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.
21. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
22. In addition to providing access to the Brownfields Property pursuant to subparagraph
18.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
21 21041-17-060/Northend Square II (DRAFT 2019.05.23)
23. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
24. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures related to the conveyance may be redacted. Prospective Developer may use the
following mechanisms to comply with the obligations of this paragraph: (i) If every lease and
rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease
or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XV (Notices and Submissions); or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XV.
22 21041-17-060/Northend Square II (DRAFT 2019.05.23)
25. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
26. 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 38.a. below of
any such required notification.
VIII. CERTIFICATION
27. 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 August 30, 2017, by which it applied for this
Agreement. That use is multi-family residential, office, retail, recreation, open space, parking,
and with prior 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
23 21041-17-060/Northend Square II (DRAFT 2019.05.23)
information known to Prospective Developer and all information in the possession or control of
its officers, directors, employees, contractors and agents which relates in any way to any past use
of regulated substances or known contaminants at the Brownfields Property and to its
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
28. 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.
24 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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.
29. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
25 21041-17-060/Northend Square II (DRAFT 2019.05.23)
30. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
31. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 28 through 30 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
32. 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
33. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
34. 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).
26 21041-17-060/Northend Square II (DRAFT 2019.05.23)
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.
35. Except for the land use restrictions set forth in paragraph 18 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
36. 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
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no right of confidentiality or privilege provided by
the North Carolina Public Records Act of otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
27 21041-17-060/Northend Square II (DRAFT 2019.05.23)
withheld from DEQ, including a specific description of the document(s) and the alleged legal
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
37. 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
38. 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:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer:
Robert T. Drakeford (or successor in function) The Drakeford Company 1914 Brunswick Avenue, Suite 1A
Charlotte, NC 28207

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.
28 21041-17-060/Northend Square II (DRAFT 2019.05.23)
XVI. EFFECTIVE DATE
39. 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.
XVII. TERMINATION OF CERTAIN PROVISIONS
40. 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
41. 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.

29 21041-17-060/Northend Square II (DRAFT 2019.05.23)
42. 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.
43. 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
44. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

30 21041-17-060/Northend Square II (DRAFT 2019.05.23)
IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________ Michael E. Scott Date
Director, Division of Waste Management IT IS SO AGREED: THE DRAKEFORD COMPANY, LLC By:
____________________________________________________________________________ Robert T. Drakeford Date Manager, The Drakeford Company, LLC
Copyright:© 2013 National Geographic Society, i-cubed
PREPARED BY: LM DATE: 10/23/2018 DATE: 10/23/2018CHECKED BY: RF
Site Boundary
Document Path: F:\AMEC_Projects\2017\6228-17-0442 Drakeford\GIS\MXDs\Topo.mxd¯
PROJECT NO: 6228-17-0442 FIGURE NO: 1
Exhibit 1
North End Square,,
813 Oaklawn Avenue
Charlotte, North Carolina
01,0002,000500Feet
21041-17-060/Northend Square II (DRAFT 2019.05.23)

1
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental Reports occurred on January 18, 2019. The following tables set forth, for contaminants present at the Property above unrestricted use standards or screening levels, the maximum concentration found at each sample location, and the applicable standard or screening level. Screening levels
and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202 and Appendix #1: Interim Maximum Allowable Concentrations (IMAC), (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
NCAC 2L & IMAC Standards
(µg/L)
Benzene MW-3 1/18/2019 110 1
TMW-1 2/11/2005 8.5
TMW-3 2/11/2005 2.7
bis(2-ethylhexyl) phthalate TMW-2 2/11/2005 16 3
TMW-3 2/11/2005 17
TMW-4 2/11/2005 11
TMW-5 2/11/2005 41
Chromium TMW-1 2/11/2005 55 10
TMW-2 2/11/2005 11
TMW-5 2/11/2005 18
Cumene
(Isopropylbenzene) MW-3 1/18/2019 92 70
1,2-Dichloroethane MW-3 1/18/2019 16 0.4
1-Methylnaphthalene MW-3 1/18/2019 50 1
2-Methylnaphthalene MW-3 1/18/2019 120 30
Naphthalene MW-3 1/18/2019 550 6
Propyl Benzene MW-3 1/18/2019 170 70
Tetrachloroethylene MW-1 1/18/2019 13 0.7
MW-3 1/18/2019 2.1 J
TMW-5 2/11/2005 4.6
Trichloroethylene MW-4 1/18/2019 7.8 3
21041-17-060/Northend Square II (DRAFT 2019.05.23)

2
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management February 2018 version):
Groundwater
Contaminant with
Potential for Vapor Intrusion
Sample Location Date of Sampling
Concentration Exceeding Screening
Level (µg/L)
Residential VI Screening Level1
(µg/L)
Naphthalene MW-3 1/18/2019 550 35
Tetrachloroethylene MW-1 1/18/2019 13 12
Trichloroethylene MW-3 1/18/2019 2.2 J 1
MW-4 1/18/2019 7.8
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. J – Detected but below the Reporting Limit (lowest calibration standard); therefore, result is an estimated concentration (CLP J-Flag). SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (February 2018 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Arsenic SS-1 0-2 12/13/2018 2.6 0.68
SS-2 0-2 12/13/2018 1.9
SS-3 0-2 12/13/2018 2.0
SS-4 0-2 12/13/2018 0.9
SS-5 0-2 12/13/2018 2.6
SS-6/DUP-1 0-2 12/13/2018 2.5/3.0
SS-7 0-2 12/13/2018 1.6
SS-8 0-2 12/13/2018 1.9
BG2 0-2 12/13/2018 1.3
Hexavalent Chromium SS-5 0-2 12/13/2018 4.9 0.31
Benz(a)anthracene SB-4 12-13 2/10/2005 29 1.1
Benzo(a)pyrene SS-8 0-2 12/13/2018 0.17 J 0.11
21041-17-060/Northend Square II (DRAFT 2019.05.23)

3
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening Level (mg/kg)
Residential
Screening
Level1 (mg/kg)
SB-4 12-13 2/10/2005 18
Benzo(b)fluoranthene SB-4 12-13 2/10/2005 18 1.1
Benzo(k)fluoranthene SB-4 12-13 2/10/2005 17 11
Dibenz(a,h)anthracene SB-4 12-13 2/10/2005 5 0.11
Indeno(1,2,3-cd)pyrene SB-4 12-13 2/10/2005 9.5 1.1
Total Petroleum
Hydrocarbons
(Aromatic Medium)
SW-2 6 6/26/2007 66 22
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2BG soil sample was a background sample collected in an area of the Brownfields Property that would reflect concentrations of naturally occurring elements. J – Detected but below the Reporting Limit (lowest calibration standard); therefore, result is an estimated concentration (CLP J-Flag).
I, CHARLES S. LOGUE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL FIELD SURVEY; THAT THE RATIO OF PRECISION
IS GREATER THAN 1:10,000; THAT THIS PLAT WAS PREPARED IN ACCORDANCE
WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,
REGISTRATION NUMBER L-4212, AND SEAL THIS 16TH DAY OF APRIL 2019.
SURVEYOR DATE
I, CHARLES S. LOGUE, CERTIFY THAT THIS SURVEY IS OF ANOTHER CATEGORY,
SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED
SURVEY, OR OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION.
CHARLES S. LOGUE, PLS L-4212 DATE
NCGS-CORS STATION
"I-77 WELCOME
CENTER CORS ARP"
N:505,067.087
E:1,427,047.615
U.S. SURVEY FEET
CGF:0.99983712
REVIEW OFFICER
I, , CERTIFY THAT THIS MAP OR PLAT TO WHICH THIS
CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR
RECORDING.
REVIEW OFFICER DATE
THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOTTE OR
MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOT REQUIRE
THE APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNING COMMISSION.
HOWEVER, ANY FURTHER SUBDIVISION OF THIS PROPERTY MAY BE SUBJECT TO
THESE PROVISIONS.
CHARLOTTE-MECKLENBURG PLANNING COMMISSION
PLANNING COMMISSION STAFF DATE
C4
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SETBACK LINE
RIGHT-OF-WAY LINE
PROPERTY LINE NOT SURVEYED
BROWNFIELDS PROPERTY LINE SURVEYED
CURB
BUSTED
CONCRETE
20" ELM55" OAK
20" ELM
17" CHERRY
26" PECAN
30" PECAN
26" PECAN
28" ELM
30" ELM
TWIN DOGWOOD TREE
DEAD TREE
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RADIUS LENGTH TANGENT CHORD BEARING CHORD DELTA
C1 2340.83'121.07'60.59'S 08°14'52" W 121.06'2°57'56"
C2 33.51'22.21'S 54°45'52" W 29.73'95°59'57"
C3 204.18'159.09'83.83'N 54°50'39" W 155.10'44°38'35"
C4 204.18'36.32'N 22°32'44" W 71.51'20°10'13"
C5 20.00'29.97'18.61'N 30°38'52" E 27.25'85°51'59"
C6 254.18'229.24'N 47°29'29" E 221.55'51°40'30"
C7 20.00'31.39'19.98'N 66°43'05" E 28.27'89°56'11"
C8 20.00'27.23'16.19'25.17'77°59'40"
CURVE
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20.00'
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TDC GREENVILLE, LLC
LOT 1, BLOCK 1 MAP BOOK 17, PAGE 381
DEED BOOK 22654, PAGE 801
TAX# 078-441-01
7.019 ACRES
(305,781.86 SQ. FT.)
SHRUBS AND
SMALL TREES
18" HARDWOOD
SHRUBS AND
SMALL TREES
CRAWLING MAGNOLIA
(5 TRUNKS)
3" REDBUD
2" REDBUD
2" REDBUD
20" DOGWOOD
2" ORNAMENTAL
37" QUAD ELM
DEAD TREE
3" ORNAMENTAL4" ORNAMENTAL
SHRUBS ANDSMALL TREES
3" ORNAMENTAL 3" ORNAMENTAL
5" ORNAMENTAL
6" ORNAMENTAL6" ORNAMENTAL6" ORNAMENTAL
X
3" ORNAMENTAL
4" ORNAMENTAL
3" ORNAMENTAL
4" ORNAMENTAL
MW-1
SS-1
SS-3
SS-4/MW-4
SS-5
SS-6/DUP-1
SS-7
SS-8
MW-3
BG
FOUND
#5 REBAR
FOUND
#6 REBAR
FOUND
#6 REBAR
FOUND
#6 REBAR
FOUND
#6 REBAR
FOUND
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(BROKEN)
FOUND
#5 REBAR
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NAIL IN
CONCRETE
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FOUND
CONCRETE
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(BROKEN)
FOUND
#5 REBAR
FOUND
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MONUMENT
(BROKEN)
FOUND
#5 REBAR
(BENT)
SET
#5 REBAR
WITH CAP
COPYRIGHT C , THE SURVEY COMPANY, INC. ALL
RIGHTS RESERVED. REPRODUCTION OR USE OF
THE CONTENTS OF THIS DOCUMENT; ADDITIONS OR
DELETIONS TO THIS DOCUMENT, IN WHOLE OR IN
PART, WITHOUT WRITTEN CONSENT OF THE SURVEY
COMPANY, INC. IS PROHIBITED. ONLY COPIES FROM
THE ORIGINAL OF THIS DOCUMENT, MARKED WITH
AN ORIGINAL SIGNATURE AND SEAL SHALL BE
CONSIDERED TO BE VALID, TRUE COPIES.
N29
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NC GRID COORDINATES
N: 548545.68
E: 1451581.80
SET 5/8" REBAR OR PK NAIL
GROUNDWATER MONITORING WELL LOCATION
SHALLOW SOIL SAMPLE LOCATION
"BACKGROUND" SHALLOW SOIL SAMPLING FOR METALS
GENERAL NOTES
1.ALL DISTANCES ARE HORIZONTAL MEASUREMENTS UNLESS OTHERWISE NOTED.
2.ALL AREAS ARE CALCULATED BY THE COORDINATE COMPUTATION METHOD.
3.ALL CORNERS MONUMENTED AS SHOWN.
4.SUBJECT PROPERTY IS LOCATED WITHIN FLOODZONE (X) AS DEFINED BY FEMA-FIRM
COMMUNITY PANEL NO. 3710455400K, REVISED FEBRUARY 19, 2014.
5.SUBJECT PROPERTY ZONED B-1 PER MECKLENBURG COUNTY GIS.
SETBACKS SHOWN ARE PER MAP BOOK 17, PAGE 381.
6.BASIS OF HORIZONTAL DATUM IS NC GRID - NAD 83(2011). VRS DERIVED.
7.THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS
DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF THE FILING. A
LISTING OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN
THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
8.LOCATIONS FOR TMW-1, 2, 3, 4 5 AND SB-4 ARE SHOWN PER MAP TITLED "FIGURE 8 -
SOIL BORING AND TEMPORARY MONITORING WELL LOCATIONS" PREPARED BY ALTURA
ENVIRONMENTAL, INC. AND BEARING PROJECT No. 1267.003 AND NOT FIELD LOCATED.
9.LOCATION OF SW-2 SHOWN PER MAP TITLED "SOIL CLEANUP AREA - FORMER HEATING
OIL TANK SITE" PREPARED BY MACTEC AND DATED JULY 12, 2007 AND BEARING JOB NO.
6228-07-4195 AND NOT FIELD LOCATED.
LAND USE RESTRICTIONS
THE LAND USE RESTRICTIONS BELOW HAVE BEEN EXCERPTED VERBATIM FROM PARAGRAPH 17 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 THEBROWNFIELDS 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 FOR MULTI-FAMILY
RESIDENTIAL, OFFICE, RETAIL, RECREATION, OPEN SPACE, PARKING, AND WITH PRIOR DEQ APPROVAL,
OTHER COMMERCIAL USES. FOR PURPOSES OF THIS RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
i. “MULTI-FAMILY RESIDENTIAL” DEFINED AS MULTI-UNIT HUMAN DWELLINGS, SUCH AS
CONDOMINIA, APARTMENTS, OR TOWNHOMES WITHOUT YARDS. SINGLE FAMILY HOMES, TOWNHOMES,DUPLEXES, OR OTHER UNITS WITH YARDS ARE PROHIBITED UNLESS APPROVED IN WRITING BY DEQ IN
ADVANCE.
ii.“OFFICE” DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL SERVICES.
iii.“RETAIL” DEFINED AS THE SALE OF GOODS OR SERVICES, PRODUCTS, OR MERCHANDISEDIRECTLY TO THE CONSUMER OR BUSINESSES AND INCLUDES SHOWROOMS, PERSONAL SERVICE, AND THE
SALES OF FOOD AND BEVERAGE PRODUCTS.
iv.“RECREATION” DEFINED AS INDOOR AND OUTDOOR EXERCISE-RELATED, PHYSICALLY FOCUSED,OR LEISURE-RELATED ACTIVITIES, WHETHER ACTIVE OR PASSIVE, AND THE FACILITIES FOR SAME, INCLUDING,
BUT NOT LIMITED TO, STUDIOS, SWIMMING POOLS, SPORTS-RELATED COURTS AND FIELDS, OPEN SPACE,
GREENWAYS, PARKS, PLAYGROUNDS, WALKING PATHS, AND PICNIC AND PUBLIC GATHERING AREAS.
v. “OPEN SPACE” DEFINED AS LAND MAINTAINED IN A NATURAL OR LANDSCAPED STATE AND USEDFOR NATURAL RESOURCE PROTECTION, BUFFERS, GREENWAYS, DETENTION FACILITIES FOR STORMWATER.
vi.“PARKING” DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA
DESIGNED FOR SAME.
vii.“COMMERCIAL” DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE
OWNER, LESSEE OR LICENSEE.
b. UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS WAIVED IN WRITING BY DEQ INADVANCE IN REGARD TO A PARTICULAR ACTIVITY, NO ACTIVITIES THAT ENCOUNTER, EXPOSE, REMOVE OR
USE GROUNDWATER (FOR EXAMPLE, INSTALLATION OF WATER SUPPLY WELLS, PONDS, LAKES OR SWIMMING
POOLS, OR CONSTRUCTION OR EXCAVATION ACTIVITIES THAT ENCOUNTER OR EXPOSE GROUNDWATER
AND/OR SURFACE WATER) MAY OCCUR ON THE BROWNFIELDS PROPERTY UNLESS AND UNTIL DEQ STATES INWRITING, 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 17.A ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH ANDTHE ENVIRONMENT. PRIOR SAMPLING AND ANALYSIS OF GROUNDWATER TO THE WRITTEN SATISFACTION OFDEQ IN ANY AREAS PROPOSED FOR SUCH ACTIVITIES, AND SUBMITTAL OF THE ANALYTICAL RESULTS TO DEQ
IS REQUIRED. IF SUCH RESULTS REFLECT CONTAMINANT CONCENTRATIONS THAT EXCEED THE STANDARDS
AND SCREENING LEVELS APPLICABLE TO THE USES AUTHORIZED FOR THE BROWNFIELDS PROPERTY, THEGROUNDWATER-RELATED ACTIVITIES PROPOSED MAY ONLY OCCUR IN COMPLIANCE WITH ANY WRITTEN
CONDITIONS DEQ IMPOSES. ACTIVITIES MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DEQ
DEEMS NECESSARY TO ENSURE THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED
IN SUBPARAGRAPH 17.A ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT.
c. 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 IFCARRIED OUT ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO ENSURE THE BROWNFIELDS
PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 17.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
WRITTEN NOTICE AT LEAST SEVEN DAYS IN ADVANCE OF A SCHEDULED REPAIR (IF ONLY BY EMAIL) OF ANYSUCH REPAIR, OR IN EMERGENCY CIRCUMSTANCES NO LATER THAN THE NEXT BUSINESS DAY, AND THAT
ANY RELATED ASSESSMENT AND REMEDIAL MEASURES REQUIRED BY DEQ SHALL BE TAKEN AND;
iv. IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ-APPROVED EMP ASOUTLINED IN SUBPARAGRAPH 17.G.
d. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO, THE BROWNFIELDS PROPERTY
WITHOUT PRIOR SAMPLING AND ANALYSIS TO DEQ'S SATISFACTION AND THE WRITTEN APPROVAL OF DEQ,UNLESS CONDUCTED IN ACCORDANCE WITH AN APPROVED EMP AS OUTLINED IN SUBPARAGRAPH 17.G.
e. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS PROPERTY UNTIL DEQ
DETERMINES IN WRITING THAT:
i.THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS, PUBLIC HEALTH AND
THE ENVIRONMENTAL 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 DESIGNED, INSTALLED, AND IMPLEMENTED IN A
MANNER THAT WILL FULLY PROTECT PUBLIC HEALTH TO THE SATISFACTION OF A PROFESSIONAL ENGINEER
LICENSED IN NORTH CAROLINA, AS EVIDENCED BY SAID ENGINEER'S PROFESSIONAL SEAL ON A REPORTTHAT INCLUDES PHOTOGRAPHS AND A DESCRIPTION OF THE INSTALLATION AND PERFORMANCE OF SAIDMEASURES, AND TO DEQ. 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 DEMONSTRATINGPERFORMANCE OF SAID MEASURES.
f. SURFACE WATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE,
OTHER THAN IN CONNECTION WITH LEGALLY COMPLIANT STORM WATER COLLECTION AND REUSETECHNIQUES, WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
g. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT OCCUR OTHER THAN IN
ACCORD, AS DETERMINED BY DEQ, WITH AN EMP APPROVED IN WRITING BY DEQ IN ADVANCE (AND REVISEDTO 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 DURINGCONSTRUCTION OR REDEVELOPMENT IN ANY OTHER FORM, INCLUDING WITHOUT LIMITATION:
i. SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT LIMITATION THOSE RESULTINGFROM 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);
iv.PLANS FOR THE PROPER CHARACTERIZATION OF, AND, AS NECESSARY, DISPOSAL OF
CONTAMINATED SOILS EXCAVATED DURING REDEVELOPMENT; AND
v. FINAL GRADE SAMPLING MUST BE INCLUDED IN THE EMP OR SUBMITTED SEPARATELY INACCORDANCE WITH THE WORK TO BE PERFORMED, PARAGRAPH 13 ABOVE.
h. BY JANUARY 31 OF EACH YEAR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT FOR AS LONG
AS PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY CONTINUES (EXCEPT THAT THE FINALDEADLINE 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, THATDESCRIBES:
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, LABORATORYANALYSIS 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 (FOREXAMPLE, CONCRETE, DEMOLITION DEBRIS) FROM THE BROWNFIELDS PROPERTY (COPIES OF ALL LEGALLY
REQUIRED MANIFESTS SHALL BE INCLUDED).
i. NEITHER DEQ, NOR ANY PARTY CONDUCTING ENVIRONMENTAL ASSESSMENT OR REMEDIATIONAT THE BROWNFIELDS PROPERTY AT THE DIRECTION OF, OR PURSUANT TO A PERMIT, ORDER ORAGREEMENT 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 BROWNFIELDSPROPERTY.
j. ANY DEED OR OTHER INSTRUMENT CONVEYING AN INTEREST IN THE BROWNFIELDS PROPERTY
SHALL CONTAIN THE FOLLOWING NOTICE: “THIS PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENTATTACHED 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 OTHERCONFIDENTIAL 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 PARAGRAPH: (I) IF EVERY DEED, LEASE AND/OR RIDER IS IDENTICAL IN FORM, THEOWNER CONVEYING AN INTEREST MAY PROVIDE DEQ WITH COPIES OF A FORM DEED, LEASE OR RIDER
EVIDENCING COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF SENDING COPIES OF ACTUAL, EXECUTED
DEEDS, LEASES, TO THE PERSONS LISTED IN SECTION XV (NOTICE AND SUBMISSIONS); OR (II) THE OWNERCONVEYING AN INTEREST MAY PROVIDE ABSTRACTS OF LEASES, RATHER THAN FULL COPIES OF SAIDLEASES, TO THE PERSONS LISTED IN SECTION XV.
k. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THEBROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT 2 OF THIS AGREEMENT AND AS MODIFIED BY DEQ INWRITING 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; OR
ii. IN FLUIDS IN VEHICLES; AND
iii. AS CONSTITUENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN
MULTI-FAMILY RESIDENTIAL, OFFICE, RETAIL, AND WITH PRIOR DEQ APPROVAL, OTHER COMMERCIAL
ENVIRONMENTS, PROVIDED SUCH PRODUCTS AND MATERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING
AND USED AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE LAWS.
l. THE OWNER OF ANY PORTION OF THE BROWNFIELDS PROPERTY WHERE ANY EXISTING, OR
SUBSEQUENTLY INSTALLED, DEQ-APPROVED MONITORING WELL IS DAMAGED BY THE OWNER, ITSCONTRACTORS, OR ITS TENANTS SHALL BE RESPONSIBLE FOR REPAIR OF ANY SUCH WELLS TO DEQ'SWRITTEN SATISFACTION AND WITHIN A TIME PERIOD ACCEPTABLE TO DEQ, UNLESS COMPLIANCE WITH THIS
LAND USE RESTRICTION IS WAIVED IN WRITING BY DEQ IN ADVANCE.
m. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE REFERENCED BELOW
IN PARAGRAPH 22 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”) TODEQ, AND TO THE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF MECKLENBURG COUNTY,CERTIFYING THAT, AS OF SAID JANUARY 1ST, THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE
LAND USE RESTRICTIONS REMAINS RECORDED AT THE MECKLENBURG COUNTY REGISTER OF DEEDS OFFICE
AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. THE SUBMITTED LURU SHALL STATETHE FOLLOWING:
i. THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S
E-MAIL ADDRESS OF THE OWNER OR BOARD, ASSOCIATION OR APPROVED ENTITY SUBMITTING THE LURU IFSAID OWNER, OR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED, ACQUIRED ANY
PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR.
ii. WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED PURSUANT TOSUBPARAGRAPH 17.E.III ABOVE ARE PERFORMING AS DESIGNED, THE RESULTS OF ANY ONGOING
MONITORING EVENTS PURSUANT TO SUBPARAGRAPH 17.E.III, AND WHETHER THE USES OF THE GROUND
FLOORS OF ANY BUILDINGS CONTAINING SUCH VAPOR BARRIER AND/OR MITIGATION SYSTEMS HAVECHANGED, AND, IF SO, HOW.
iii. 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 17.J AND 23 OF THIS AGREEMENT PROVIDED THAT IFSTANDARD FORM LEASES ARE USED IN EVERY INSTANCE, A COPY OF SUCH STANDARD FORM LEASE MAY BE
SENT IN LIEU OF COPIES OF ACTUAL LEASES.
iv. A PROPERTY OWNERS' ASSOCIATION OR OTHER ENTITY MAY PERFORM THIS LURU'S DUTIES, ONBEHALF OF SOME OR ALL OWNERS OF THE BROWNFIELDS PROPERTY, IF SAID ASSOCIATION OR ENTITY HAS
ACCEPTED RESPONSIBILITY FOR SUCH PERFORMANCE PURSUANT TO A NOTARIZED INSTRUMENT
SATISFACTORY TO DEQ THAT INCLUDES AT A MINIMUM, THE NAME, MAILING ADDRESS, TELEPHONE AND
FACSIMILE NUMBERS, AND E-MAIL ADDRESS OF EACH OWNER ON WHOSE BEHALF THE LURU IS PROPOSED TOBE SUBMITTED.
FIRST MAYFIELD MEMORIAL
BAPTIST CHURCH, INC
DEED BOOK 12812, PAGE 724
TAX# 078-445-34
901 OAKLAWN AVE
JETT ACQUISITIONS,LLC
DEED BOOK 30184, PAGE 315
TAX# 075-106-02
CITY OF CHARLOTTE
PORTION OF LOT 1, BLOCK 4
MAP BOOK 230, PAGE 226
DEED BOOK 31602, PAGE 265
TAX# 075-106-01
812 OAKLAWN AVE
CITY OF CHARLOTTEHOUSING AUTHORITYLOT 71 MAP BOOK 37, PAGE 737TAX# 075-106-99A1110 RISING OAK DRGREENHAVEN NC,LLC LOT 1, BLOCK 7MAP BOOK 17, PAGE 381DEED BOOK 32038, PAGE 294TAX# 078-443-031500 SPRING STCITY OF CHARLOTTE
LOT 2, BLOCK 7
MAP BOOK 17, PAGE 381
TAX# 078-443-02
GREENHAVEN NC,LLC
LOT 3B, BLOCK 7
MAP BOOK 17, PAGE 381
DEED BOOK 32038, PAGE 294
TAX# 078-443-01
1511 POLK STREET B
CASSANDRA D HAIRSTON
LOT 3
MAP BOOK 35, PAGE 185
DEED BOOK 13212, PAGE 866
TAX# 078-442-20
825 CALLAHAN ST
CONCRETE ROSE
INVESTMENTS
LOT 2
MAP BOOK 35, PAGE 185
DEED BOOK 25912, PAGE 034
TAX# 078-442-19
819 CALLAHAN ST
SUSIE BELL MCILWAINE
LOT 1
MAP BOOK 35, PAGE 185
DEED BOOK 12878, PAGE 345
TAX# 078-442-18
815 CALLAHAN ST
KURT R CRANSON
LOT 13, BLOCK 8
MAP BOOK 19, PAGE 258
DEED BOOK 27718, PAGE 997
TAX# 078-442-16
800 POLK ST
CLARA PROPERTIES, LLC
DEED BOOK 23618, PAGE 855
TAX# 079-021-10
1425 STATESVILLE AVE
CAMP LANDOWNER 1516, LP
DEED BOOK 31989, PAGE 990
TAX# 079-021-01
1516 STATESVILLE AVE
CAMP LANDOWNER, LP
DEED BOOK 31440, PAGE 554
TAX# 079-031-02
201 CAMP RD
C N JENKINS MEMORIAL
PRESBYTERIAN CHURCH
LOT 8, BLOCK 9
MAP BOOK 17, PAGE 349
DEED BOOK 28557, PAGE 400
TAX# 078-451-01
1421 STATESVILLE AVE
SB-3/TMW-3
APPROXIMATE LOCATION
SEE NOTE #8
SB-4/TMW-4
APPROXIMATE LOCATION
SEE NOTE #8
SB-6
APPROXIMATE LOCATION
SEE NOTE #8
SB-5/TMW-5
APPROXIMATE LOCATION
SEE NOTE #8
SB-1/TMW-1
APPROXIMATE LOCATION
SEE NOTE #8
SB-7
APPROXIMATE LOCATION
SEE NOTE #8
SB-2/TMW-2
APPROXIMATE LOCATION
SEE NOTE #8
SW-2
APPROXIMATE LOCATION
Exhibit C Legal Description Brownfields Property: Northend Square II Brownfields Project Number: 21041-17-060 BEING ALL OF THAT TDC GREENVILLE, LLC TRACT AS DESCRIBED IN DEED BOOK 22654, PAGE 801 OF THE MECKLENBURG COUNTY PUBLIC REGISTRY, HENCE MCR, ALSO KNOWN AS LOT 1 OF BLOCK ONE PER MAP BOOK 17, PAGE 381 (MCR) AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT NCGS CORS STATION "I-77 WELCOME CENTER CORS ARP" HAVING NC GRID COORDINATES IN U.S. SURVEY FEET OF N:505,067.087 AND E:1,427,047.615; THENCE WITH A BEARING OF N 29°26'07" E A DISTANCE OF 49,923.00 FEET TO A FOUND #5 REBAR ON THE NORTHERLY RIGHT OF WAY LINE
OF CALLAHAN STREET, A 50’ PUBLIC RIGHT OF WAY PER MAP BOOK 17, PAGE 381, (MCR) HAVING NC GRID COORDINATES IN U.S. SURVEY FEET OF N:548545.68 AND E:1451581.80; WHICH IS THE POINT OF BEGINNING.
THENCE, FROM SAID BEGINNING POINT AND RUNNING WITH SAID NORTHERLY RIGHT
OF WAY LINE OF CALLAHAN STREET THE FOLLOWING FIVE (5) COURSES:
1. THENCE, IN A NORTHWESTERLY DIRECTION WITH A NON-TANGENT CURVE
TURNING TO THE RIGHT WITH A RADIUS OF 204.18 FEET, HAVING A CHORD
BEARING OF N 54°50'39" W AND A CHORD DISTANCE OF 155.10, HAVING A
CENTRAL ANGLE OF 44°38'35" AND AN ARC LENGTH OF 159.09 TO A FOUND #6
REBAR;
2. THENCE, WITH A BEARING OF N 32°35'05" W A DISTANCE OF 526.92 FEET TO A
FOUND BROKEN CONCRETE MONUMENT;
3. THENCE, IN A NORTHWESTERLY DIRECTION WITH A NON-TANGENT CURVE
TURNING TO THE RIGHT WITH A RADIUS OF 204.18 FEET, HAVING A CHORD
BEARING OF N 22°32'44" W AND A CHORD DISTANCE OF 71.51, HAVING A
CENTRAL ANGLE OF 20°10'13" AND AN ARC LENGTH OF 71.88 TO A FOUND #5
REBAR;
4. THENCE, WITH A BEARING OF N 12°28'41" W A DISTANCE OF 54.43 FEET TO A
SET #5 REBAR WITH PLASTIC CAP INSCRIBED “THE SURVEY COMPANY INC);
5. THENCE, IN A NORTHEASTERLY DIRECTION WITH A NON-TANGENT CURVE
TURNING TO THE RIGHT WITH A RADIUS OF 20.00 FEET, HAVING A CHORD
BEARING OF N 30°38'52" E AND A CHORD DISTANCE OF 27.25, HAVING A
CENTRAL ANGLE OF 85°51'59" AND AN ARC LENGTH OF 29.97 TO A FOUND
BROKEN CONCRETE MONUMENT ON THE EASTERLY RIGHT OF WAY LINE OF
SPRING STREET, A 50’ PUBLIC RIGHT OF WAY;
THENCE WITH SAID EASTERLY RIGHT OF WAY LINE OF SPRING STREET THE
FOLLOWING THREE (3) COURSES:
1. THENCE, IN A NORTHEASTERLY DIRECTION WITH A REVERSE NON-TANGENT
CURVE TURNING TO THE LEFT WITH A RADIUS OF 254.18 FEET, HAVING A
CHORD BEARING OF N 47°29'29" E AND A CHORD DISTANCE OF 221.55, HAVING
A CENTRAL ANGLE OF 51°40'30" AND AN ARC LENGTH OF 229.24 TO A FOUND
NAIL IN A CONCRETE MONUMENT;
2. THENCE, WITH A BEARING OF N 21°38'54" E A DISTANCE OF 75.41 FEET TO A
FOUND BROKEN CONCRETE MONUMENT;
3. THENCE, IN A NORTHEASTERLY DIRECTION WITH A NON-TANGENT CURVE
TURNING TO THE RIGHT WITH A RADIUS OF 20.00 FEET, HAVING A CHORD
BEARING OF N 66°43'05" E AND A CHORD DISTANCE OF 28.27, HAVING A
CENTRAL ANGLE OF 89°56'11" AND AN ARC LENGTH OF 31.39 TO A FOUND #5
REBAR ON THE SOUTHERLY RIGHT OF WAY LINE OF OAKLAWN AVENUE, A
VARIABLE WIDTH PUBLIC RIGHT OF WAY;
THENCE WITH SAID SOUTHERLY RIGHT OF WAY OF OAKLWAN AVENUE THE
FOLLOWING TWO (2) COURSES:
1. THENCE, WITH A BEARING OF S 68°15'23" E A DISTANCE OF 353.54 FEET TO A
FOUND #5 REBAR;
2. THENCE, IN A SOUTHEASTERLY DIRECTION WITH A TANGENT CURVE
TURNING TO THE RIGHT WITH A RADIUS OF 20.00 FEET, HAVING A CHORD
BEARING OF S 29°15'34" E AND A CHORD DISTANCE OF 25.17, HAVING A
CENTRAL ANGLE OF 77°59'40" AND AN ARC LENGTH OF 27.23 TO A FOUND #6
REBAR ON THE WESTERLY RIGH TOF WAY LINE OF STATESVILLE AVENUE, A
VARIABLE WIDTH PUBLIC RIGHT OF WAY;
THENCE WITH SAID WESTERLY RIGHT OF WAY LINE OF STATESVILLE AVENUE
THE FOLLOWING FOUR (COURSES);
1. THENCE, WITH A BEARING OF S 09°44'16" W A DISTANCE OF 136.31 FEET TO A
FOUND #6 REBAR;
2. THENCE, IN A SOUTHERLY DIRECTION WITH A NON-TANGENT CURVE
TURNING TO THE LEFT WITH A RADIUS OF 2340.83 FEET, HAVING A CHORD
BEARING OF S 08°14'52" W AND A CHORD DISTANCE OF 121.06, HAVING A
CENTRAL ANGLE OF 02°57'56" AND AN ARC LENGTH OF 121.07 TO A FOUND
BENT #5 REBAR;
3. THENCE, WITH A BEARING OF S 06°45'54" W A DISTANCE OF 486.03 FEET TO A
FOUND #6 REBAR;
4. THENCE, IN A SOUTHWESTERLY DIRECTION WITH A TANGENT CURVE
TURNING TO THE RIGHT WITH A RADIUS OF 20.00 FEET, HAVING A CHORD
BEARING OF S 54°45'52" W AND A CHORD DISTANCE OF 29.73, HAVING A
CENTRAL ANGLE OF 95°59'57" AND AN ARC LENGTH OF 33.51 TO THE POINT OF
BEGINNING AND CONTAINING 7.019 ACRES OR 305,781.86 SQUARE FEET OF
LAND ACCORDING TO THAT MAP TITLED “EXHIBIT B TO THE NOTICE OF
BROWNFIELDS PROPERTY – NORTH END SQUARE II” PREPARED BY THE
SURVEY COPANY, INC DATED MAY 14, 2019 AND SIGNED AND SEALED BY
CHARLES S. LOGUE, PLS L-4212 TO WHICH REFERENCE IS HEREBY MADE.