22076 West Boulevard NBP for PC 20191028

22076-18-060/West Boulevard (20191028)

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Property Owner: The Square South End LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: West Boulevard
Brownfields Project Number: 22076-18-060

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 Square South End 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 200, 204, 208, 212, 216 and 224 West Boulevard; and 1721 and
1725 South Tryon Street, Charlotte, Mecklenburg County, North Carolina. The Brownfields Property comprises
approximately 1.69 acres and is developed with three former residences that have most recently been used for
commercial purposes, most recently for a salon, a clothing store, and a law office. The western portion of the
Brownfields Property at the West Boulevard and S. Tyron Street intersection is developed with a restaurant, and
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the northwestern portion of the Brownfields Property along S. Tryon Street is developed with a currently vacant
residence and a former portion of the Wilmore Centennial Park at Southend.

The Brownfields Property was initially developed with residences (early 1920s), a gasoline filling station
(1950s-1960s), an auto repair and detailing business (1970s until the 1980s), and a restaurant (1980s until the
early to mid-2000s). Groundwater, soil and soil gas are contaminated with volatile organic compounds and metals
due to historical operations on the Brownfields Property and adjacent properties. The Brownfields Property is
located in a mixed commercial and high density residential area of Charlotte. The Prospective Developer intends
to redevelop the Brownfields Property for high-density residential, retail, office, restaurant, parking, open space
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 Brownfields Property’s regulated substances and contaminants.

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

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

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

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

LAND USE RESTRICTIONS

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

The land use restrictions below have been EXCERPTED VERBATIM from paragraph 15 of the
Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the
Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields
Property:
a. No use may be made of the Brownfields Property other than for high density residential,
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retail, office, restaurant, parking, open space, and, subject to DEQ’s prior written approval, other commercial
uses. For purposes of this restriction, the following definitions apply:

i. “High Density Residential” defined as permanent dwellings where residential units are
attached to each other with common walls, such as condominia, apartments, group homes, dormitories or
boarding houses, and any property outside the dwelling structures is usable by all residents and not privately
owned as part of a particular unit, and shall include related amenities, such as pools, clubhouses, courtyards,
common areas, recreation areas and parking garages.
ii. “Retail” defined as the sale of goods or services, products, or merchandise directly to
the consumer or businesses and includes showrooms, personal service, and the sales of food and/or beverage
products.
iii. “Office” defined as the provision of business or professional services.
iv. “Parking” defined as the temporary accommodation of motor vehicles in an area
designed for same.
v. “Restaurant” defined as a commercial business establishment that prepares and serves
food and/or beverages to patrons.
vi. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee.
vii. “Open Space” defined as land maintained in a natural or landscaped state and used
for natural resource protection, buffers, greenways, detention facilities for stormwater.

b. Groundwater at the Brownfields Property may not be used for any purpose without the prior
written approval of DEQ.

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

i. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in Exhibit 2;
iii. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums,
septic drain fields, oil-water separators, soil contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.

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

e. Unless otherwise approved by DEQ in writing after results of final grade soil sampling are
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received per subparagraph 15.d, above, no activity that disturbs soil on the Brownfields Property may occur
unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable
for the uses specified in subparagraph 15.a. above while fully protecting public health and the environment,
except:

i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written
notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency
circumstances no later than the next business day, and that any related assessment and remedial measures
required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-approved EMP as
outlined above in subparagraph 15.c.

f. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance
with an approved EMP as outlined above in subparagraph 15.c.

g. No enclosed building may be constructed on the Brownfields Property, and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in
paragraph 20 below, may be occupied until DEQ determines in writing that:

i. the building is or would be protective of the building’s users, public health and the
environment from risk of vapor intrusion based on Brownfields Property assessment data or a site-specific risk
assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields Property’s
groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the
building’s users, public health and the environment will be protected from risk from vapor intrusion related to
said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional
seal on a report that includes photographs and a description of the installation and performance of said
measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing by
DEQ in advance of installation and/or implementation of said measures. The design specifications shall include
methodology(ies) for demonstrating performance of said measures.

h. As part of the Land Use Restrictions Update described below in subparagraph 15.n for each
year after the year in which the Notice referenced below in Paragraph 20 is recorded, 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;
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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 conveying an interest may use the following mechanisms to comply with the obligations of
this subparagraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide
DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The
owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XV.

k. 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.

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

m. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be
used or stored at the Brownfields Property without the prior written approval of DEQ, except:

i. in de minimis quantities for cleaning and other routine housekeeping and maintenance
activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping equipment and
emergency generators.
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n. During January of each year after the year in which the Notice referenced below in paragraph
20 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a
notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental
officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property
containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and
that the land use restrictions are being complied with. The submitted LURU shall state the following:

i. the name, mailing address, telephone and facsimile numbers, and contact person’s e-
mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property
during the previous calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail
address, if said owner transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.g above are performing as designed, and whether the uses of the ground floors of any buildings
containing such vapor barrier and/or mitigation systems have changed, and, if so, how;
iv. LURUs submitted for any portion of the Brownfields Property that contains rental
units shall include a list of tenants and their addresses;
v. 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 subparagraph 15.j above and paragraph 21 below 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; and
vi. 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 number, and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.

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

ENFORCEMENT

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

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FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

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

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

The Square South End LLC

By: __________________________________________
Michael P. Harrell
Manager

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: _________________________________________ ________________________
Ellen Lorscheider Date
Deputy Director, Division of Waste Management

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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: The Square South End LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) West Boulevard OF 1997, NCGS § 130A-310.30, et seq. ) 200, 204, 208, 212, 216 and 224 ) West Boulevard; 1721 and 1725 ) South Tryon Street
Brownfields Project # 22076-18-060 ) Charlotte, Mecklenburg County I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and The Square South End 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 200, 204, 208, 212, 216 and 224 West Boulevard and
1721 and 1725 South Tryon Street (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 Square South End LLC f/k/a Common Square Development LLC (“The Square”) is
a North Carolina Limited Liability Company that was formed on November 11, 2018. The
registered agent for the company is Timothy Shaughnessy and the mailing address for the
company is 500 East Morehead St. Suite 200, Charlotte, NC 28202. The Brownfields Property
consists of all or portions of eight parcels totaling approximately 1.69 acres of land located in a
mixed commercial and residential area of the South End district of Charlotte (Tax PINs:
12306219, 12306207, a portion of 12306206, a portion of 12306205, 12306204, 12306201,
12306217 and 12306218) in Mecklenburg County. The southern portion of the Brownfields

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Property located along West Boulevard is developed with three former residences that have most
recently been used for commercial purposes, most recently for a salon, a clothing store, and a
law office. The western portion of the Brownfields Property at the West Boulevard and S. Tyron
Street intersection is developed with a restaurant building, and the northwestern portion of the
Brownfields Property along S. Tryon Street is developed with a currently vacant residence and a
former portion of the Wilmore Centennial Park at Southend. The Brownfields Property was
initially developed with residences (early 1920s), a gasoline filling station (1950s-1960s), an
auto repair and detailing business (1970s until the 1980s), and a restaurant (1980s until the early
to mid-2000s).
The Square intends to redevelop the Brownfields Property for retail, high-density
residential, restaurant, parking, office, open space and, with prior written DEQ approval, other
commercial uses. Soil, groundwater and soil vapor are contaminated at the Brownfields Property
due to historical activities conducted thereon and on adjacent properties.
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 Square for contaminants at the Brownfields Property.
The Parties agree that The Square’s entry into this Agreement, and the actions undertaken
by The Square in accordance with the Agreement, do not constitute an admission of any liability
by The Square for contaminants at the Brownfields Property. The resolution of this potential
liability, in exchange for the benefit The Square shall provide to DEQ, is in the public interest.

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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 Square South End LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises all or portions of eight parcels totaling
approximately 1.69 acres of land in a mixed commercial and residential area of the South End
neighborhood of Charlotte (Tax PINs: 12306219, 12306207, a portion of 12306206, a portion of
12306205, 12306204, 12306201, 12306217, 12306218). The Prospective Developer has
committed itself to redevelopment for no uses other than retail, high-density residential,
restaurant, parking, office, open space and with prior written DEQ approval, other commercial
uses.
4. The Brownfields Property is located in a mixed commercial, industrial and residential
area bordered to the north by South Tryon Street and Wilmore Centennial Park (owned by
Mecklenburg County); to the east by Hawkins Street and a high-density residential apartment
complex (Centro Brownfields Property, Brownfields Project No. 16052-12-060) beyond; to the
south by West Boulevard and the Carolina Foods facility located beyond; and to the west by S.
Tryon Street and a restaurant and residences located beyond. The addresses and parcel
identification numbers associated with the Brownfields Property are listed below:

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Address Parcel Identification Number
200 West Boulevard 12306219
204 West Boulevard 12306207
208 West Boulevard 12306206 (partial)
212 West Boulevard 1236205 (partial)
216 West Boulevard 12306204
224 West Boulevard 12306201
1721 South Tryon Street 12306217
1725 South Tryon Street 12306218

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
Brownfield Assessment Report – West Boulevard Hart & Hickman, PC May 21, 2019
DRAFT - Phase I Environmental Site Assessment, Common Square, 200, 204, 208,
212, 216, and 224 West Blvd., Charlotte,
Mecklenburg County, NC
S&ME January 30, 2018
Limited Soil and Groundwater Assessment,
Sauceman's Restaurant, 220, 224 & 228 West Blvd, Charlotte, North Carolina
Coastal
Environmental Consulting, Inc.
September 8, 2015
Soil and Groundwater Sampling Report, Commercial Site, 0.302 +/- Acres, 224 & 228
West Boulevard, Charlotte, North Carolina
Coastal Environmental
Consulting, Inc.
February 2010
Phase I & Limited Phase 2 Environmental Site Assessment, Commercial Site, 0.302 +/-
Acres, 224 & 228 West Boulevard, Charlotte, North Carolina
Coastal Environmental
Consulting, Inc.
March 2009

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:

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a. The Prospective Developer owns the Brownfields Property.
b. The Brownfields Property along West Boulevard is developed with three
former residences that have most recently been used for commercial purposes including a salon,
a clothing store, and a law office. The western portion of the Brownfields Property at the West
Boulevard and S. Tyron Street intersection is developed with a restaurant building and the
northwestern portion of the Brownfields Property along S. Tryon Street is developed with a
vacant residence. Remaining portions of the Brownfields Property include undeveloped parcels.
c. The southern portion of the Brownfields Property along West Boulevard and
the western portion of the Brownfields Property was historically developed with residences as
early as the 1920s. The residential structures were removed from the Brownfields Property over
time or were converted for use as commercial tenant spaces, with the exception of the residence
located at 1725 S. Tryon Street. The 1725 S. Tryon Street residence is currently unoccupied. The
western corner of the Brownfields Property at the West Boulevard and S. Tryon Street
intersection (224 West Boulevard) was undeveloped land from as early as the 1920s until the late
1940s to early 1950s when it was developed with a gasoline filling station facility. Operations on
the western corner parcel included a filling station until the 1960s, an auto repair and detailing
business from the 1970s until the 1980s, and a restaurant from the 1980s until the early to mid-
2000s. The western Brownfields Property building remained vacant from the mid-2000s until the
current restaurant (Sauceman’s) opened in approximately 2010. The northwestern corner of the
Brownfields Property previously was part of the adjacent Wilmore Centennial Park at Southend
until it was transferred to the Prospective Developer in September 2019.
7. Pertinent environmental information regarding the Brownfields Property and

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surrounding area includes the following:
a. In March 2009, Coastal Environmental Consulting, Inc (CEC) completed
Phase I & Limited Phase II Environmental Site Assessment activities in connection with the 224
West Boulevard parcel (western corner parcel) that previously contained an automotive service
station. There are no records indicating if the underground storage tanks (USTs) were removed,
therefore, assessment activities included a ground penetrating radar (GPR) survey to identify
USTs associated with the former use as a filling station. The GPR survey did not find indication
of subsurface USTs. Soil samples were collected from the former UST basin and former
dispenser island areas for the analysis of total petroleum hydrocarbons as gasoline range organics
and diesel range organics (TPH-GRO and TPH-DRO). Laboratory analytical results indicated
that no compounds were detected in the soil samples at concentrations above the laboratory
reporting limits. A groundwater sample was submitted for laboratory analysis of volatile organic
compounds (VOCs) from the area of the former UST basin. No petroleum-related compounds
were detected at concentrations above the laboratory reporting limits in the groundwater sample.
However, a low level of trichloroethene (TCE) was detected at a concentration exceeding the NC
DEQ 2L Groundwater Quality Standard (2L Standard) and the DEQ Division of Waste
Management (DWM) Residential and/or Non-residential Vapor Intrusion Groundwater
Screening Levels (GWSLs).
b. In January 2010, CEC completed additional soil and groundwater assessment
activities in the western portion of the Brownfields Property to further evaluate the source of
TCE impacts identified in the March 2009 groundwater sample. Four temporary groundwater
monitoring wells were installed along the southern Brownfields Property boundary near West

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Boulevard to evaluate the potential for impacts from nearby off-site sources. CEC also collected
two additional soil samples (shallow and deeper soil samples) from each temporary monitoring
well boring and two additional soil samples were collected from a boring advanced in the area of
the former UST basin. Soil samples and groundwater samples were submitted to a laboratory for
the analysis of VOCs. Soil sample analytical results indicated that no VOCs were detected at
concentrations above the laboratory reporting limits. Groundwater assessment results indicated
that low levels of TCE were detected in samples collected from the four upgradient temporary
monitoring wells at concentrations exceeding the 2L Standards and GWSLs.
c. In August 2015, CEC conducted additional soil and groundwater sampling
along the southern Brownfields Property boundary. Soil and groundwater assessment activities
included advancing four soil borings for collection of additional shallow and deeper soil samples.
Three of the soil borings were converted to temporary monitoring wells for collection of
groundwater samples to further evaluate the source of VOCs in groundwater. Soil sample
analytical results indicated that no compounds were detected at concentrations exceeding the
DEQ Inactive Hazardous Sites Branch (IHSB) Preliminary Soil Remediation Goals (PSRGs) in
the August 2015 soil samples. Low levels of tetrachloroethene (or PCE) and TCE were detected
in each groundwater sample at concentrations exceeding the 2L Standard. TCE concentrations
also exceeded GWSLs.
d. In April 2019, in accordance with a DEQ-approved Brownfields Assessment
Work Plan dated March 14, 2019, Hart & Hickman, PC completed additional groundwater, soil
and soil gas assessment activities at the Brownfields Property. Four temporary groundwater
monitoring wells were installed and groundwater samples were collected from each monitoring

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well for the analysis of VOCs, semi-volatile organic compounds (SVOCs) and Resource and
Conservation Recovery Act (RCRA) metals. Groundwater sample analytical results confirmed
the presence of low level chlorinated solvent impacts near the southern Brownfields Property
boundary. Consistent with historical assessment results, April 2019 groundwater assessment
results indicated that chlorinated solvent impacts in groundwater appear to be associated with an
unknown nearby source and are limited to the southwestern portion of the Brownfields Property.
Exterior soil gas assessment activities conducted as part of the April 2019 Brownfields
Assessment included the installation and sampling of seven temporary soil gas monitoring points
to evaluate the potential for impacts to on-site soil gas from historical activities and from offsite
properties in the vicinity of the Brownfields Property. Soil gas samples were analyzed for
VOCs, and assessment results in the western portion of the Brownfields Property indicated that
several VOCs including benzene, 1,2-dichloroethane, ethylbenzene, hexane, naphthalene, PCE,
1,2,4-trimethylbenzene, and 1,3,5-trimethylbenzene were detected at concentrations above the
Residential and Non-Residential Exterior Soil Gas Screening Levels (SGSLs). Soil gas
assessment results in the eastern portion of the Brownfields Property indicate that PCE was
detected at a concentration above the Residential and Non-Residential SGSLs. No other
compounds were detected at concentrations above the SGSLs in the April 2019 soil gas samples.
Soil assessment activities were conducted at the Brownfields Property as part of the April
2019 Brownfields Assessment. Soil assessment laboratory analytical results indicated that no
VOCs or SVOCs were detected at concentrations above the IHSB PSRGs. In addition, metal
detections were consistent with site-specific background metal concentrations, with the
exception of lead concentrations detected in soil samples collected within the roof drip lines of

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the 1725 S. Tryon Street structure and former 216 West Boulevard structure. Results of shallow
soil samples collected in these locations on the Brownfields Property indicate that lead was
detected at concentrations exceeding the IHSB Residential PSRG and the site-specific
background concentrations. No other compounds were detected at concentrations above the
Residential PSRGs in the April 2019 soil samples.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 4, 2019. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated December 6,
2018,purchasing the parcels that comprise the Brownfields Property between August 2017 and
September 2019, and preparing an Environmental Management Plan with DEQ dated July 15,
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
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-

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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. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;

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b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance, revitalization of an underutilized county park, and
otherwise;
c. an increase in tax revenue for affected jurisdictions;
d. creation of construction and full-time jobs;
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”); and
f. creation of additional housing and office inventory in close proximity to
Charlotte’s light rail public transportation system
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.

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15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
residential, retail, office, restaurant, parking, open space, and, subject to DEQ’s prior written
approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
i. “High Density Residential” defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit, and shall include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages.
ii. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and/or beverage products.
iii. “Office” defined as the provision of business or professional services.
iv. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
v. “Restaurant” defined as a commercial business establishment that

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prepares and serves food and/or beverages to patrons.
vi. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
vii. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater.
b. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2;
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

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contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property that is not covered by building foundations, sidewalks, or asphaltic or
concrete parking areas and driveways pursuant to a plan approved in writing by DEQ, unless
otherwise approved in writing by DEQ in advance.
e. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received per subparagraph 15.d, above, no activity that disturbs soil on the
Brownfields Property may occur unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ
deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-
approved EMP as outlined above in subparagraph 15.c.

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f. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 15.c.
g. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on Brownfields Property
assessment data or a site-specific risk assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
h. As part of the Land Use Restrictions Update described below in subparagraph

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15.n for each year after the year in which the Notice referenced below in Paragraph 20 is
recorded, 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.

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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 conveying an interest may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
k. 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.
l. The Brownfields Property may not be used for child care centers, adult care
centers or schools without the prior written approval of DEQ.
m. None of the contaminants known to be present in the environmental media at

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the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
n. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner transferred any part of the Brownfields Property during
the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant

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to subparagraph 15.g above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how;
iv. LURUs submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses;
v. 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 subparagraph 15.j above and paragraph 21 below 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; and
vi. 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 number,
and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.

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18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.i above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields

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Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.

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22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated December 6, 2018, by which it applied for this
Agreement. That use is high density residential, retail, office, restaurant, parking, open space,
and, subject to DEQ’s prior written approval, other commercial uses. Prospective Developer

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also certifies that to the best of its knowledge and belief it has fully and accurately disclosed to
DEQ all information known to Prospective Developer and all information in the possession or
control of its officers, directors, employees, contractors and agents which relates in any way to
any past use of regulated substances or known contaminants at the Brownfields Property and to
its qualification for this Agreement, including the requirement that it not have caused or
contributed to the contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
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

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demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
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

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Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of

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this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in subparagraph 15.a above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,

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

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22076-18-060/West Boulevard (20191028) PPAB 5139635v1.docx

b. for Prospective Developer: Matt Lucarelli (or successor in function) 500 East Morehead St., Suite 200 Charlotte, NC 28202
Notices and submissions sent by prepaid first class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives

29

22076-18-060/West Boulevard (20191028) PPAB 5139635v1.docx
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or

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22076-18-060/West Boulevard (20191028) PPAB 5139635v1.docx
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Ellen Lorscheider Date
Deputy Director, Division of Waste Management IT IS SO AGREED: The Square South End LLC By: The Square Partners LLC, its Manager
By: Beacon GP LLC, its Manager By:__________________________________________________________________________ Michael P. Harrell Date
Manager
0 2000 4000
APPROXIMATE
SCALE IN FEET
N
U.S.G.S. QUADRANGLE MAP
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
CHARLOTTE EAST, NORTH CAROLINA 1991
TITLE
PROJECT
SITE LOCATION MAP
WEST BOULEVARD
S. TRYON STREET AND WEST BOULEVARD
CHARLOTTE, NORTH CAROLINA
DATE:
JOB NO:
REVISION NO:
EXHIBIT:
2-13-19 0
1BCP-126
SITE SITE
22076-18-060/West Boulevard 20191028

1
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental Reports occurred on April 4, 2019. The following tables sets forth, for contaminants present at the Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for
purposes of this Agreement. GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk J = compound detected above laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration
Groundwater Contaminant Sample Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
2L Standard
(µg/L)
Tetrachloroethylene
B-7 8/1/2015 3.8
0.7 B-8 8/1/2015 0.71 J
B-9 8/1/2015 1.0
TMW-3 4/4/2019 1.6
Trichloroethene
GW-1 3/3/2009 5.42
3
TW-2 1/28/2010 3.93
TW-3 1/28/2010 6.12
TW-4 1/28/2010 13.5
TW-5 1/28/2010 5.94
B-7 8/1/2015 49
B-8 8/1/2015 14
B-9 8/1/2015 17
TMW-3 4/4/2019 19.9
Chromium
TMW-1 4/4/2019 16.1
10 TMW-3 4/4/2019 14.2
TMW-4 4/4/2019 35.0
Lead TMW-4 4/4/2019 26.1 15
22076-18-060/West Boulevard 20191028

2
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version):
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Residential GWSL1
(µg/L)
Non-Residential GWSL1
(µg/L)
Trichloroethene
GW-1 3/3/2009 5.42
1.0 4.4
TW-2 1/28/2010 3.93
TW-3 1/28/2010 6.12
TW-4 1/28/2010 13.5
TW-5 1/28/2010 5.94
B-7 8/1/2015 49
B-8 8/1/2015 14
B-9 8/1/2015 17
TMW-3 4/4/2019 19.9
22076-18-060/West Boulevard 20191028

3
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)
Non-Residential Screening Level1
(mg/kg)
Arsenic*
SB-1 4-5 4/3/2019 1.05
0.68 3.0
SB-2 4-5 4/4/2019 1.41
SB-3
DUP-SB 2-3 4/3/2019 1.38
2.32
BGS-1 1-3 4/4/2019 2.90
BGS-2 3-5 4/4/2019 1.90
COMP-1 0-1 4/3/2019 3.02
COMP-2 0-1 4/3/2019 4.39
COMP-3 0-1 4/3/2019 1.96 J
COMP-4 0-1 4/4/2019 0.743
COMP-5 0-1 4/3/2019 2.58 J
COMP-6 0-1 4/3/2019 4.65
COMP-7 0-1 4/3/2019 3.10
Hexavalent Chromium*
SB-1 4-5 4/3/2019 <0.351
0.31 6.5
SB-3
DUP-SB 2-3 4/3/2019 <0.317
<0.355
BGS-1 1-3 4/4/2019 <0.349
BGS-2 3-5 4/4/2019 0.334 J
Lead COMP-2 0-2 4/3/2019 607 400 800 COMP-6 0-2 4/3/2019 689

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk. J = compound detected above laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration *Detections suspected to be naturally occurring.
22076-18-060/West Boulevard 20191028

4
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Division of Waste Management Residential Vapor Intrusion Sub-slab and Exterior Soil Gas Screening Levels (February 2018 version):
Soil Gas Contaminant Sample
Location
Date of
Sampling
Concentration Exceeding
Screening Level (µg/m3)
Residential Soil
Gas Screening Level1
(µg/m3)
Non-Residential
Soil Gas Screening Level1
(µg/m3)
Benzene SG-3 4/4/2019 4,840 120 1,600
Bromodichloromethane SG-3 4/4/2019 <355 25 330
Chloroform SG-3 4/4/2019 <190 41 530
1,2-Dichloroethane SG-3 4/4/2019 3,430 36 470
Ethylbenzene SG-3 4/4/2019 2,170 370 4,900
Hexane SG-3 4/4/2019 98,700 4,900 61,000
2-Hexanone SG-3 4/4/2019 <722 210 2,600
Naphthalene SG-3 4/4/2019 2,370 J 21 260
Tetrachloroethylene
SG-2 4/4/2019 8,370
280 3,500
SG-3 4/4/2019 715
SG-4 DUP-SG 4/4/2019 4,870 4,530
SG-5 4/4/2019 868
SG-6 4/4/2019 1,660
SG-7 4/4/2019 989
Trichloroethene SG-3 4/4/2019 <249 14 180
1,2,4-Trimethylbenzene SG-3 4/4/2019 1,480 420 5,300
1,3,5-Trimethylbenzene SG-3 4/4/2019 22,400 420 5,300

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
J = compound detected above laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration

LAND USE RESTRICTIONS:
NCGS 130A-310.35(a) requires recordation of a Notice of Bruwnfields Property ("Notice") that identifies any restrictions on the current and future use of a Brown.fields Property that are necessary or usefal to maintain the level of protection appropriate far the designated currenJ or future use of Jhe property and tho.t are designated in a Browriflelds Agreement pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertai>ling to the Hrownjields Property depicted on this plat and recorded at the Bw'lcombe CounJy Register of Deeds' off1,Ce, The ex.hibils to the Notice are: the Brownfields Agroemoot for the subject property, which is attached all Exhibit A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to the Notice; and a legal description/or the subject property, which is attached as Exhibit C to the Notice. The land use restrictions beluw have been excerpted verbatim from paragraph I 5 of the BrUW11jields Agreement, and all paragraph lenerslriumbers «re the same as those used in the Bruwnfields Agreement. The following Land Use Restrictions are hereby impased on the Brown.fields Property and shall remain in force in pe,petuity unle.ss canceled by the Secretary of the North Carolina DepartmenJ of Environmental Quality (or its successor infimction), or his/her tksignee, after the hazards have been eliminated, pursuant t.o NCGS § 130A-310.35(e):ZONING: ZONING RESTRJCTJONS AS PER ZONING ORDINANCE: SUBJECT PROPERTY ZONED: B-1
MINIMUM SETBACK: 20' MINIMUM SIDE YARD: 5' (RESIDENTIAL) 10' (PLANNED MULTI-FAMILY) NONE (NONRESIDENTIAL) MINIMUM REAR YARD.-20' (RESIDENTIAL) 40' (PLANNED MULTI-FAMILY) IO' (NONRESIDENTIAL) MAXIMUM BlHLDING HEIGHT: 40'
FOR FUR11lERINFORMATION CONTACTTHE CHARLOTTE-MECKLENBURG ZONING DEPARTMENT AT 704-336-3569._______ , ____ ,:
BROWNFIELDS AREA: 77,651 SQ. FT. OR 1.7826 ACRES
EXHIBITB to the Notice ofBrownfields Property SURVEY PLAT
NCBF PROJECT NAME: WEST BOULEVARD NCBF PROJECT NO.: 22076-18-060 OWNER & PROSPECTIVE DE.\IELOPER: COMMON SQUARE DE.\IELOPMENT, LLC200, 204, 208, 212, 216, 224 WEST BOULEVARD & 1721, 1725 SOUTH TRYON STREET Cll'f OF CHARLOTTE, MECKLENBURG COUNl'f, NORTH CAROLINA DEED REFERENCE: AS SHOWN ON THE MAP MAP REFERENCES: 332-96, 59-713, 65-745 TAX PARCEL NOS: 12306217, 1230621 B, 12306201, 12306204, 12306205, 12306206, 12306207, 12306219 R.B. PHARR & ASSOCIATES, P.A. SURVEYING & MAPPING LICENSURE NO.; 420 HAWTHORNE LANE CHARLOTTE, N.C. SCALE: MAP PREPARED: 1" = 30' JUNE 6, 2019 C-1471 28204 TEL. {704) 376-2186 JOB NO. 90097 REVISIONS CREW: DRAWN: REVISED: BR NM 1 LEGEND: LINE LEGEND:
BROWNFIELDS PROPERTY BOUNDARY EASEMENT FENCE PROPERTY LINE PROPERTY LINE (NOT SURVEYED) RIGHT-OF-WAY RIGHT-OF-WAY (NOT SURVEYED) SETBACK POWER LTNE SANITARY SEWER PIPE STORM DRAIN PIPE STORM DRATNPIPE>/2" WOODFENCE
SYMBOLS LEGEND:
----,----____ , ___ _ ----ss--------sc----TEMPORARY MONITORING WELL
SOIL BORING
011lER SOIL BORING
SUBSURFACE SOIL GAS SAMPLE POINT
®
([J)
@ A SURVEYOR'S CERTIFICATE: STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG L THE UNDERSIGNED SURVEYOR. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED REFERENCE: AS NOTED ON PLAT); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION AS REFERENCED ON THE FACE OF T1lIS PLAT; THAT THE RATIO OF PRECISION AS CALCULATED EXCEEDS 1: 10,000 LINEAR FEET; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS ____ DAY OF -------�A.D., 2019.
THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE
A NEW STREET OR CHANGE AN EXISTING STREET
ANDREW B. BAKER, PLS (L-4542) DATE
Cwb Cut NOTES: 1.ALL CORNERS MONUMENTED AS SHOWN.
2.NO RECOVERABLE NGS MONUMENT LOCATED WITHIN 2,000 FEET OF SUBJECT PROPERTY.
3.ALL DISTANCES SHOWN HEREON ARE HORIZONTAL GROUND DISTANCES, UNLESS OTHERWISENOTED.
4.UNDERGROUND UTIUTIES M<Y EXIST THAT ARE NOT SHOWN HEREON. THE LOCATION OFUNDERGROUND UTIIJTIES SHOWN ON THIS MAP IS APPROXIMATE, BASED ON INFORMATIONPROVIDED BY OTHERS OR BY FIEW LOCATION. UTILITY LOCATIONS AS SHOWN HEREON AREINI'ENDED FOR PLANNING ONLY. ACTUAL LOCATION. SIZE, OR DEPTH OF LINE SHOULD BE VERIFIEDWITH THE IND MD UAL UTILITY COMPANY BEFORE CONSTRUCTION.
5.BROKEN LINES, UNLESS DESCRIBED WITH A COURSE AND DISTANCE, INDICATE PROPERTY LINESNOT SURVEYED.
6.SOUTH TRYON STREET AND WEST BOULEVARD ARE SHOWN AS A "MAJOR THOROUGHFARE" ONTilE MECKLENBURG-UNION METROPOLITAN PLANNING ORGANIZATION THOROUGHFARE PLAN OF2004AND MAY BE SUBJECT TO A FUTURE RIGHT-OF-WAY OF 40' FROM CENTERLINE.7.THE OFF-SITE RIGHT-OF-WAY SHOWN HEREON IS FOR ILLUSTRATIVE PURPOSES ONLY. THEUNDERSIGNED CERTIFIES ONLY TO THE RIGHT-OF-WAYS SURVEYED, AND DOES NOT CERTIFY TOTilE RIGHT OF WAY WIDTH OF ANY ADJACENT PROPERTIES.
8.SAMPLING POINTS SHOWN HEREON ARE TAKEN FROM DIGITAL DATA SUPPUED BY HARTHICKMAN.
9.THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVEDFROM THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING OF THE TECHNICALREPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THISPROPERTY.
10.BOUNDARY INFORMATION SHOWN HEREON TAKEN FROM A SURVEY PERFORMED BY R.B. PHARR&ASSOCIATES, P.A., DATED MARCH 29, 2019, BEARING JOB NO. 89806.VICINITY MAP NOTTO SCALE 11.AREAS SHOWN HEREON WERE DETERMINED BY COORDINATE COMPUTATION.______ FOR THE PURPOSES OF§ N.C.G.S 130A-310.35 FLOOD CERTIFICATION THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS NOT LOCATED TN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMJNISTRATION, DATED SEPTEMBER 2, 2015 MAP NUMBER.-371 D454300L: ZONE 'X'GPS CERTIFICATION: L ANDREW B. BAKER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL GPS SURVEY M.,WE UNDER MY SUPERVISION AND THE FOLLOWING INFORMATION WAS USED TO PERFORM THE SURVEY.· (I)CLASS OF SURVEY.-A(J.-10,000)(2) POSJT!ONALACCURACY: HORZ. NORTH=0.00045, EAST=0.0016, VERT.=0.005(3)TYPE OF GPS FIELD PROCEDURE: REAL-TIME KINEMATIC(4)DATES OF SURVEY.-03/21/2019(5)DATUM/EPOCH: NAD83(2011), NAVD88(6) PUBLISHED/FIXED-CONTROL USE.-NGS MONUMENT "McDOWELL"(7)GEOID MODEL.-GEOID12B(CONUS)(8) COMBINED GRID FACTOR(S).-0.99984487(9) UNITS: US SUR VEY FEET
I
Concrete Walk "" ,---•
NOT SUBJECT TO:
ELLEN LORSCHEIDER DEPUTY DIRECTOR DIVISION OF WASTE MANAGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE
Meckk,IJbuig County D.B. 31086, PG. 41Part of Lot 1 � Lot 2, Block /j lil.B. .ill, PG. 96 PfN: 12J-082-09
" '
1� ,z ....... 11 , __ , Concrete
'
100.111' ,--- ---DATE
I �
I
I !: I �
I lo " ., I l ce
9.5'
�
I
9.2' I �
�
�
" , __ , THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOITE OR MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOT REQUIRE TilE APPROVAL OF THE CHARLOITE-MECKLENBURG PLANNING COMMISSION. HOWEVER, ANY FURTHER SUBDIVJSJON OF THIS PROPERTY MAY BE SUBJECT TO THESE PROVISIONS. CHARLO1TE-MECKLENBURG PLANNING COMMISSION
PLANNING COMMISSION STAFF DATE REVIEW OFFICER: I, REVIEW OFFICER OF MECKLENBURG COUNTY, CERTIFY THAT THE M<P OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.
REVIEW OFFICER DATE
�z icn �en -I Al m m -I
L----· •--,--<,"
POSSIBLE JUNC. BOX
CONTAMINANT TABLES GROUNDWATER Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 vemion): Groundwater Sample D:ate of Concenlralion 2L Standard Exc eeding Contamimmt Location Sampling Standacd (µg/L) (µg/L) B-7 811/2015 3.8 Tetrachloroethylene B-8 8/1/2015 0.71 .I 0.7 B-9 8/1/2015 l.OTMW-3 4/4/?0J 9 l.6GW-1 3/3/?009 5.4J TW-2 l/2812010 3.93 TW-3 l/2812010 6.12 TW-4 l/28/2010 13.5 T richl oroe1hcnc TW-5 l/2812010 5.94 3 B-7 8ll/2015 49 B-8 8/1/2015 14 B-9 8/1/2015 17 TMW-3 41412019 19.9 TMW-1 4/412019 16.1 Chromium TMW-3 41412019 14.2 10 TMW-4 41412019 35.0 Lead TMW-4 4/4/2019 26.1 15 J = compound detected above laboratory method detechon timtt, but below the laboratory reporting lmut resultmg malaboratory estimated concentrationGROUNDWATER VAPOR INTRUSION RISK Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version): Groundwater Sample Dare of Concentration Reside ntial Non-Residential Exceeding GWSL' GWSL1 Contaminant Location Sampling Standacd (µg/L) (µg/L) (µg/L) GW-1 J/]12009 5.42 TW-2 1/28/2010 3.93 TW-3 1/28/2010 6.12 TW-4 1/28/2010 13.5 Trichloroethene TW-5 1/28/2010 5.94 1.0 4.4 B-7 8ll/2015 49 B-8 8/1/2015 14 B-9 8ll/2015 17 TMW-3 41412019 19.9 LScreening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed forcan.'1nogens an: fur a l .OE-5 lifetime incremental CllTICer riskSOIL 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 ofDEQ's Superfund Section (February 2018 version): Conc entrntion Residential Non-Residenl'ial Soil S:1mple D!!pth D.it·e of Exceeding Screening Lcvc]1 Screening Lc.vel1 Contaminant Location (ft) Sampling Scrc-cning Level (m!!lkt?.) (mg/kg) {mg/kg) SB-1 4-5 4/J/2019 1.05 SB-2 4-5 4/4/2019 1.41 Sl3-3 2-3 4/J/2019 1.38 DUl'-SB 2.32 BGS-1 1-3 4/4/2019 2.90 BGS-2 3-5 4/4/2019 l.90Arsenic• COMP-1 0-1 4/J/2019 3.02 0.68 3.0 COMP-2 0-1 4/312019 4.39 COMJl-3 0-t 4/J/2019 1.96 J COMP-4 0-1 4/4/2019 0.743 COMP-5 0-1 4/3/2019 2.58 J COMJl-6 0-1 4/3/2019 4.65 COMP-7 0-1 4/J/2019 3.10 Sl3-1 4-54/J/2019 <0.351 Hexa\•alent SB-3 2-3 4/J/2019 <0.317 DUP-SB <0.355 0.31 6.5 Chromium• BGS-1 l-3 4/4/2019 <0.349 BGS-2 3-5 4/4/2019 0,334 J Lead COMl'-2 0-2 4/J/2019 607 400 800 COMJl-6 0-? 4/J/2019 689 LScreening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed forcarcinogens an: fur a 1.0E-5 lifetime incremental CllTICer risk. J = compound detected above laboratory method detection limit, but below 1he laboratory reporting limit resulting in a laboratory estimated concentration •Det.ections suspect.ed to be naturally DCcurring. SOIL GAS Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Division of Waste Management Residential Vapor Intrusion Sub-slab and Exterior Soil Gas Screening Levels (February 2018 version): Conc entration Residential Soil Non-Rcsidcmial Soil Gas Cor\tamin�nt Sample Date of Exceeding Gas Screening Soil Gas Loca1ion Sampling Screening Level Levcl1 Screening Lcvd1 (1w/m3) (,m/m3) (ul!!m1) Benzene SG-3 4/4/2019 4,&40 120 1.600 Bromodichloromethane SG-3 4/4/2019 <355 25 330 Chloroform SG-3 4/4/2019 <190 41 530 1.2-Dichlorocthane SG-3 4/4/2019 ),430 36 470 E1hyl benzene SG-3 41412019 2.l 70 370 4,900 Hexo11e SG-3 41412019 98,700 4,900 61,000 2-Hcxanonc SG-3 4/4/2019 <722 210 2,600 Naph thalene SG-3 4/412019 2,3701 21 260 SG-2 4/4/2019 8,370 SG-3 4/4/2019 715 SG-4 4/4/2019 4,l!.70 Tetrachloroethylene DUP-SG 4.530 280 3,500 SG-5 4/412019 868 SG-6 4/412019 l.660SG-7 4/412019 989 Trichloroe1hene SG-3 4/412019 <249 14 180 1.2 .4-Trimethylbenzene SG-3 4/412019 1.480 420 5,300 1.3 .5-Trimeihy I benzene SG-3 4/412019 22.400 420 5,300 1Screening levels displayed for non-carcinogens arc for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a LOE-5 lifetime incremental cancer risk. J = compound detected above laboratwy method d�tion limit, but below the laboratory reporting limit resulting in a laboratory estimated concentrationJO I ----GRAPHIC SCALE 15 30 I_I
( IN FEET )
60 120 I ___ I
1 inch = 30 ft. PLOTTED: 10/4/2019 C:\CARLS0N PR0JECTS\90\90097\DWG\90097.DWG
Exhibit C Legal Description for West Boulevard Brownfields Project No. 22076-18-060
That certain tract or parcel of land situated, lying and being in the City of Charlotte, County of Mecklenburg, State of North Carolina and being more particularly described as follows: BEGINNING at an existing nail at the intersection of the northerly right-of-way margin of West Boulevard (80 foot public R/W) and the westerly right-of-way margin of Hawkins Street (50 foot public R/W), said nail also being the southeast corner of Lot 1, Recombination Plat for The Square South End LLC, as
recorded in Map Book 65, Page 745 in the Mecklenburg County Public Registry (the “Registry”); Thence with and along aforesaid northerly right-of-way margin of West Boulevard and the southerly boundary of aforesaid Lot 1 for the following six (6) courses and distances: 1) N 59°11'51" W a distance of 100.15 feet
to an existing 1/2 inch iron rod; 2) N 59°06'28" W a distance of 50.34 feet to an existing 3/4 inch iron pipe; 3) N 59°34'10" W a distance of 50.04 feet to an existing 3/4 inch iron pipe; 4) N 59°11'38" W a distance of 50.46 feet to an existing iron pipe; 5) N 59°29'32" W a distance of 109.51 feet to an existing 3/4 inch
iron pipe; 6) N 59°30'54" W a distance of 83.62 feet to an existing concrete monument; Thence N 03°58'18" W a distance of 34.37 feet to a Spike on the southerly right-of-way margin of South Tryon Street; Thence with and along aforesaid southerly right-of-way margin of South Tryon Street N 66°27'13" E (passing an existing 3/4 inch iron rod at 100.09 feet, an existing 1/2 inch iron rod at 160.02 feet) a total distance of 234.63 feet to an existing nail on the southwesterly margin of a 10 foot Alley as recorded in Map Book 332, Page 96 said Registry; Thence with and along aforesaid Southwesterly 10 foot Alley the
following four (4) courses and distances: 1) S 23°43'01" E a distance of 31.82 feet to an existing 1/2 inch iron rod; 2) S 59°30'48" E a distance of 49.99 feet to an existing 3/4 inch iron pipe; 3) S 59°16'31" E a distance of 49.84 feet to an existing 1 inch iron pipe; 4) S 59°44'14" E a distance of 45.96 feet to a new 1/2 inch iron rod, said iron being the northwest corner of Lot 2, Recombination Plat for The Square South End LLC, as recorded in Map Book 65, Page 745 in said Registry; Thence with and along the boundary of aforesaid Lot 2 the following seven (7) courses and distances: 1) S 30°35'29" W a distance of 3.07 feet to a new 1/2 inch iron rod; 2) S 60°38'11" W a distance of 14.80 feet to a new 1/2 inch iron rod; 3) S 30°38'11" W a distance of 52.63 feet to a new 1/2 inch iron rod; 4) N 59°21'49" W a distance of 22.99 feet to a new 1/2 inch iron rod; 5) S 30°38'07" W a distance of 39.17 feet to a new 1/2 inch iron rod; 6) S 59°21'49" E a distance of 40.47 feet to a new 1/2 inch iron rod; 7) with a curve turning to the right having a radius of 414.81 feet and an arc length of 113.63 feet (chord bearing of N 49°27'52" E and a chord length of 113.27
feet) to a new 1/2 inch iron rod on the southwesterly margin of a 10 foot Alley as recorded in Map Book 332, Page 96 said Registry; Thence with and along aforesaid Southwesterly 10 foot Alley the following three (3) courses and distances: 1) S 58°40'17" E a distance of 7.61 feet to an existing 1 inch iron pipe; 2) S 59°23'00" E a distance of 50.13 feet to an existing 1/2 inch iron rod; 3) S 59°34'10" E a distance of 50.03 feet to an existing 1/2 inch iron rod on the westerly right-of-way margin of Hawkins Street; Thence with and along aforesaid westerly right-of-way margin of Hawkins Street S 30°33'13" W a distance of
200.00 feet to the POINT OF BEGINNING; Having an area of 77,651 square feet and 1.7826 acres, as shown on a survey prepared by R. B. Pharr & Associates, P.A. dated March 29, 2019 (job no. 90589)