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HomeMy WebLinkAbout23088_EAM PD Name Change 202009180 SPECTRUM To: Carolyn Minnich From: Jason Fish Date: September 18, 2020 Subject: 23088 EAM — PD Entity Change Carolyn, MEMO As discussed, we need to change the PD entity for the above referenced project from Golden Nugget Associates, LLC to Golden Nugget Associates Owners, LLC. This change was brought about by the project's construction lender requiring a separate ownership entity from our overall project entity, so we formed one and it owns the land. This further development happened after our initial application into the Brownfields Program, but prior to construction commencement. It should be noted that Golden Nugget Associates Owners, LLC is 100% owned by Golden Nugget Associates, LLC, so the land-owning entity is completely owned by the entity that had been listed as PD. With that said, we believe it will simplify matters over the lifespan of the project if the entity that owns the land is listed as the PD. I've attached an updated affidavit to reflect this change. Please let me know of any questions. Thanks. NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY NORTH CAROLINA BROWNFIELDS PROGRAM IN THE MATTER OF: Golden Nugget Associates Owner, LLC UNDER THE AUTHORITY OF NORTH CAROLINA GENERAL AFFIDAVIT RE: RESPONSIBILITY STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE Stephen M. McClure, being duly sworn, hereby deposes and says: 1. I am Manager of Spectrum Development Company, LLC, Manager of Golden Nugget Associates Owner, LLC 2. I am fully authorized to make the declarations contained herein and to legally bind Golden Nugget Associates Owner, LLC Golden Nugget Associates Owner, LLC is applying for a Brownfields Agreement with the North Carolina Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields Act), in relation to the following five parcel(s) in Charlotte, Mecklenburg ,County, North Carolina: 308 West Carson Boulevard, 1115 & 1127 South Mint Street, and 308 West Palmer Street, bearing Parcel ID Nos. 07306426; 07306423; 07306428; 07306429; and approximately 5,500 square feet of Parcel ID No. 07306402. 4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Golden Nugget Associates Owner, LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements of N.C.G.S. 3 130A-310.3I(b)(10), in that it has a bonafide, demonstrable desire to develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding paragraph. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Golden Nugget Associates Owner, LLC meets the eligibility requirement of N.C.G.S. 3130A- 310.32(a)(1) in that it and any parent, subsidiary or other affiliate have substantially complied with: a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or other affiliate has been a party; b. the requirements applicable to any remediation in which it or any parent, subsidiary or other affiliate has previously engaged; c. federal and state laws, regulations and rules for the protection of the environme t Affiant further saith not. //L A Signat re/ rintcd Name Stephen M. McClure, Manager of Spectrum Development Company, LLC, Manager of Golden Nugget Associates Owner, LLC Date Sworn to and subscribed before me '\ VP, iC! PEII,/ this 1� day of SEPI�F M6QZ , 20 ?0. =� P •9,A ri- C Notary Public ,� ❑ T A R. My commission expires: ��}�tE i 7� o1Qa1_ = (S AL) PUBS I� 11 =�'-y �G