23056 Affordable Custom Iron NBP for PC 20201008

23056-19-060/Affordable Custom Iron (20201008)
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Property Owner: CC LoSo Station, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Site Name: Affordable Custom Iron Brownfields Project Number: 23056-19-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by CC LoSo Station, 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 3804 South Boulevard in Charlotte, Mecklenburg County consisting of one parcel (Parcel No. 14901254) containing approximately 3.872 acres. Affordable Custom Iron, an ornamental iron fabricator, and other commercial users formerly occupied the Brownfields Property. Environmental contamination exists on the Brownfields Property in soil and groundwater. Prospective Developer
intends to redevelop the Brownfields Property for no uses other than high density residential, retail, office,
recreational, parking, open space, and with prior written DEQ approval, other commercial uses.
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The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit
A. It sets forth the use that may be made of the Brownfields Property and the measures to be taken to protect public health and the environment, and is required by NCGS § 130A-310.32. The Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other information regarding the Property’s regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", of the survey plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks. (2) The type, location and quantity of regulated substances and contaminants known to exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient as a description of the property in an instrument of conveyance. LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the Brownfields Property and that are designated in the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ
(or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function. The land use restrictions below have been excerpted verbatim from paragraph 16 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, retail, office, recreational, parking, open space, and with prior written DEQ 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. Single family homes are prohibited; townhomes, duplexes
or other units with yards are prohibited unless approved in writing by DEQ in advance. ii. “Office” defined as the provision of business or professional services. iii. “Open Space” defined as land maintained in a natural or landscaped state and used for
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natural resource protection, buffers, greenways, detention facilities for stormwater. iv. “Parking” defined as the temporary accommodation of motor vehicles in an area
designed for same. v. “Recreation” defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
vi. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and beverage products. vii. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
b. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property unless and until DEQ states in
writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 16.a above while fully protecting public health and the environment. Prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is required. If such results reflect contaminant concentrations that exceed the
standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes. 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 pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
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e. Unless otherwise approved by DEQ in writing after results of final grade soil sampling are received in accordance with subparagraph 16.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 16.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 16.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 16.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 21, below, may be occupied until DEQ determines in writing that: i. the building is or would be protective of the building’s users, public health and the environment from risk of vapor intrusion based on 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 16.n for each year after the year in which the Notice referenced below in Paragraph 21 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
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Performed above; ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). i. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book _________, Page ____.” A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be
redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner 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, 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
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emergency generators.
n. During January of each year after the year in which the Notice referenced below in paragraph 21 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 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 and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year; iii. 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 16.j., above, and paragraph 22, 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. iv. A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a
minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official referenced in paragraph 36.a. of Exhibit A hereto, at the address stated therein.
ENFORCEMENT The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract,
lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall
be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions
are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its
successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been
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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 _______________, 202__. CC LoSo Station, LLC
By: __________________________________________ Name typed or printed: Title typed or printed:
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: CC LoSo Station, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Affordable Custom Iron OF 1997, NCGS § 130A-310.30, et seq. ) 3804 South Boulevard Brownfields Project # 23056-19-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and CC LoSo Station, 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 3804 South Boulevard in Charlotte, Mecklenburg
County (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.
CC LoSo Station, LLC is a North Carolina Limited Liability Company that was formed
on October 10, 2019. The registered agent for the company is Michael Tubridy and the mailing
address for the company is 227 West Trade Street, Suite 1000, Charlotte, North Carolina 28202.
The Brownfields Property consists of one parcel (Parcel No. 14901254) of approximately 3.872
acres of land located in a commercial and residential area of Charlotte, North Carolina.
CC LoSo Station, LLC intends to redevelop the Brownfields Property for no uses other
than high density residential, retail, office, recreational, parking, open space, and with prior
written DEQ approval, other commercial uses. Soil and groundwater are contaminated at the
Brownfields Property due to historical activities conducted thereon.

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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 CC LoSo Station, LLC for contaminants at the Brownfields Property.
The Parties agree that CC LoSo Station, LLC’s entry into this Agreement, and the actions
undertaken by CC LoSo Station, LLC in accordance with the Agreement, do not constitute an
admission of any liability by CC LoSo Station, LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit CC LoSo Station,
LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean CC LoSo Station, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property is comprised of one parcel totaling approximately 3.872
acres that is undeveloped. The Brownfields Property is located in a mixed commercial, industrial
and residential area of Charlotte. The Prospective Developer has committed itself to
redevelopment for no uses other than high density residential, retail, office, recreational, parking,

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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 Tryclan Road followed by apartments and office/warehouse
buildings; to the east by South Boulevard and Charlotte Area Transit System’s LYNX light rail
followed by commercial businesses, to the west by Dewitt Lane followed by commercial
businesses and single-family residences; to the south by Freeland Lane followed by undeveloped
property.
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
Report of Environmental Assessment, Affordable Custom Iron ECS Southeast, LLP April 29, 2020
LoSo Station Redevelopment, Passive Soil Gas Sampling, 3804 South Blvd., Parcel 2A Draper Aden Associates October 10, 2019
Phase I Environmental Assessment, LoSo
Station
ECS Southeast, LLP May 22, 2019
Site Closure Request, City of Charlotte
Scaleybark Site
S&ME, Inc. September 6, 2007

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. Historically the Brownfields Property appears to have been first developed with
residential structures and a commercial/warehouse building around 1938.
b. By about 1967, the Brownfields Property was developed with a
warehouse/commercial building and a drive-in theater. The drive-in theater was demolished in
approximately the 1980s. An additional commercial building and associated parking lot was

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developed in approximately 1983 and demolished in approximately 2006. The remaining
warehouse/commercial buildings were demolished between approximately 2006 and 2012.
Tenants at the Brownfields Property have included Affordable Custom Iron, an ornamental iron
fabricator, (former address 3610 South Blvd.), Consolidated Steel Services, Queen Drive In
Theatre, Piedmont Theaters Office, Queen City Cinema, Assistance League of Charlotte,
Piedmont Theatres, and Queen Park Cinema.
c. Additional property located to the north of the Brownfields Property was
formerly occupied by Consolidated Steel Services, a structural steel fabricator and constructor.
Portions of the Consolidated Steel Services, consisting of parking and storage, were located on
the northern part of the Brownfields Property.
d. The Brownfields Property was purchased by the City of Charlotte on April 25,
2006 for transit oriented development primarily in support of the South Corridor Light Rail. The
City developed the Brownfields Property with a public commuter parking lot in approximately
2009, and by 2012 all buildings had been razed.
e. The Brownfields Property was owned by Scaleybark Partners, LLC at the time
of its entry into the Brownfields Program, and the Prospective Developer purchased the
Brownfields Property on December 23, 2019. The Brownfields Property is currently being
developed pursuant to an Environmental Management Plan (EMP) approved by the Brownfields
Program.

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7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. A Phase II environmental assessment was conducted at the Brownfields
Property in June and July 2007 for property due diligence purposes. Assessment activities
included collecting soil samples for the laboratory analysis of volatile organic compounds, semi-
volatile organic compounds and RCRA metals. The site assessment included the areas of the
Brownfields Property previously used by Consolidated Steel Services for parking and storage
and the former Affordable Custom Iron location.
i. Laboratory results for soil samples collected from the former Affordable
Custom Iron facility indicated that soil contaminants exceeded NCDEQ Inactive Hazardous Sites
Branch (IHSB) Health-Based Remediation Goals (RG) or the NCDEQ Soil-to-Groundwater
Maximum Soil Contaminant Concentrations (MSCCs) at two locations (DEQ UST Incident No.
91008). The contaminants included benzene, carbon tetrachloride, and arsenic at location TP-1
and benzo(a)pyrene and dibenzo(a,h)anthracene at location SS-3. Based on results from the site
assessment, approximately 76 tons of impacted soil were excavated from the areas of
contaminated soil in June and July 2007 and disposed of at a regulated facility. Laboratory
results from post excavation sampling indicated that there were no detections above screening
levels. A No Further Action Letter was issued by the Underground Storage Tank Section (UST)
for Incident No. 91008; however, the discovery of non-petroleum contamination (carbon
tetrachloride and arsenic) was referred to the DEQ Inactive Hazardous Site Branch (IHSB),
which has taken no action.
ii. Laboratory results for soil samples collected from the former

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Consolidated Steel Services property indicated soil contamination from total petroleum
hydrocarbons originating from spills/leaks from parked vehicles and small storage containers
(DEQ UST Incident No. 91007). Approximately 325 tons of impacted soils were removed from
the Brownfields Property in June and July 2007. The impacted soils were transported to an off-
site treatment facility. Post-remediation samples collected at the bottom of the excavations
indicated that contaminant concentrations in the soil remaining in place did not exceed their
respective NCDEQ IHSB Health-Based RG or the MSCCs. On September 24, 2007, the
NCDEQ UST Section issued a No Further Action (NFA) letter for Incident No. 91007.
b. An environmental site assessment consisting of passive soil gas sampling was
conducted at the Brownfields Property in August and September 2019 for property due diligence
purposes. Soil gas samples were collected using passive soil gas samplers at 37 locations across
the Brownfields Property in September 2019. The samples were analyzed for VOCs.
Laboratory results indicated that one exceedance above DEQ Residential vapor intrusion
screening levels (VISLs) was detected for naphthalene near the location of the former Affordable
Custom Iron facility.
c. A brownfields environmental site assessment was conducted in March 2020 in
accordance with a DEQ-approved work plan dated January 20, 2020. Assessment activities
included collecting 10 soil samples for the analysis of VOCs, semi-volatile organic compounds
(SVOCs) and Resource Conservation and Recovery Act (RCRA) metals; 4 soil gas samples for
the analysis of VOCs by USEPA Method TO-15; and two groundwater samples for the analysis
of VOCs, SVOCs, and RCRA metals. Laboratory results indicated exceedances of Residential
Preliminary Soil Remediation Goals (PSRGs) for metals in soil, including arsenic, cadmium, and

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hexavalent chromium. Groundwater laboratory results indicated that chromium exceeded the
North Carolina 2L Groundwater Standards. No soil gas contaminants were detected above
NCDEQ Residential VISLs.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on March 26, 2020. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated September 13, 2019, the
Prospective Developer’s purchase of the Brownfields Property on December 23, 2019, and the
Prospective Developer’s development activities on the Brownfields Property, as described in
Paragraph 6.e.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property

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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;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;

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c. an increase in tax revenue for affected jurisdictions;
d. creation of construction and 50 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”).
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
required by this Section.
15. Based on the type and concentrations of impacts to soil, groundwater, and soil gas
evaluated during assessment activities as outlined in paragraph 7 above, indoor air exposure
routes do not appear to present a risk to site occupants as of the effective date of this
Agreement. Therefore, the condition of subparagraph 16.g.i has been met for the existing site
building as outlined in the approved EMP dated September 2, 2020.

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16. By way of the Notice of Brownfields Property referenced below in paragraph 21,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
residential, retail, office, recreational, parking, open space, and with prior written DEQ 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. Single family homes are prohibited; townhomes, duplexes or other units with
yards are prohibited unless approved in writing by DEQ in advance.
ii. “Office” defined as the provision of business or professional services.
iii. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater.
iv. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
v. “Recreation” defined as indoor and outdoor exercise-related, physically

11 23056-19-060/Affordable Custom Iron/ 20201008
focused, or leisure-related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports-related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
vi. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
vii. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or
use groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) may occur
on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 16.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes.
c. Physical redevelopment of the Brownfields Property may not occur other than

12 23056-19-060/Affordable Custom Iron/ 20201008
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 pursuant to a plan approved in writing by DEQ that is not covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
e. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received in accordance with subparagraph 16.d, above, no activity that disturbs soil

13 23056-19-060/Affordable Custom Iron/ 20201008
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 16.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 16.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 16.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 21, below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on Brownfields Property
assessment data or a site-specific risk assessment approved in writing by DEQ; or

14 23056-19-060/Affordable Custom Iron/ 20201008
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 16.n for each year after the year in which the Notice referenced below in Paragraph
21 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

15 23056-19-060/Affordable Custom Iron/ 20201008
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

16 23056-19-060/Affordable Custom Iron/ 20201008
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, 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.
n. During January of each year after the year in which the Notice referenced
below in paragraph 21 is recorded, the owner of any part of the Brownfields Property as of

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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 and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. 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 16.j., above, and paragraph 22, 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.
iv. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.

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17. 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.
18. 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.
19. 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
20. In addition to providing access to the Brownfields Property pursuant to subparagraph
16.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

19 23056-19-060/Affordable Custom Iron/ 20201008
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
21. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
22. 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

20 23056-19-060/Affordable Custom Iron/ 20201008
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.
23. 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
24. 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 36.a. below

21 23056-19-060/Affordable Custom Iron/ 20201008
of any such required notification.
VIII. CERTIFICATION
25. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated September 5, 2019, by which it applied for this
Agreement. That use is high density residential, retail, office, recreational, parking, open space,
and with prior written DEQ approval, other commercial uses. Prospective Developer also
certifies that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ
all information known to Prospective Developer and all information in the 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
26. 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

22 23056-19-060/Affordable Custom Iron/ 20201008
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
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

23 23056-19-060/Affordable Custom Iron/ 20201008
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
27. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
28. 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.
29. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 26 through 28 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
30. 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

24 23056-19-060/Affordable Custom Iron/ 20201008
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
31. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
32. 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.
33. Except for the land use restrictions set forth in paragraph 16 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
34. The Prospective Developer agrees to retain and make available to DEQ all business

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and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no 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
35. 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.

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XV. NOTICES AND SUBMISSIONS
36. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer: Mr. Michael Tubridy CC LoSo Station, LLC (or successor in function) c/o Crescent Communities, LLC
227 West Trade Street, Suite 1000 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
37. 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

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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
38. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
39. 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.
40. 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.
41. 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.

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XIX. PUBLIC COMMENT
42. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management

IT IS SO AGREED: CC LoSo Station, LLC By: ____________________________________________________________________________
Name typed or printed: Date
Title typed or printed:
EXHIBIT 1
SITE TOPOGRAPHIC MAP
Affordable Custom Iron
North Carolina Brownfields No. 23056-19-060
CC LoSo Station
3804 South Boulevard
Charlotte, Mecklenburg County, North Carolina
ECS Project Number 49:10479-A
SOURCE:
USGS Topographic Map
Charlotte East & West North Carolina Quadrangle
2016
Scale
1-inch = 2,000 feet
1’2,000’1,000’
SITE
23056-19-060/Affordable Custom Iron 20201008

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on March 26, 2019. The following tables set forth, for contaminants present at the Brownfields 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 standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Residential Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (February 2018 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening Level
(mg/kg)
Residential Screening Level1 (mg/kg)
Arsenic

TP-1A 14 06/08/2007 0.982
0.68
SB-1 3-5 3/20/2020 1.32
SB-2 3-5 3/20/2020 2.22
SB-3 3-5 3/20/2020 3.62
SB-4 3-5 3/20/2020 1.92
SB-5 3-5 3/20/2020 5.42
SB-6 3-5 3/20/2020 4.62
SB-7 3-5 3/20/2020 3.82
SB-8 3-5 3/20/2020 2.12
SB-9 4 3/20/2020 52.7
SB-10 2 3/20/2020 4.52
SB-DUP 3-5 3/20/2020 3.82
Cadmium SB-9 4 3/20/2020 54.6 14
Hexavalent
Chromium
SB-3 3-5 3/20/2020 0.374 J
0.31 SB-7 3-5 3/20/2020 0.415 J
SB-8 3-5 3/20/2020 0.423 J
SB-DUP 3-5 3/20/2020 0.506 J
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2Concentrations may be representative of naturally occurring background metals in soil. 3SB-DUP is duplicate of sample SB-3. J- Estimated Concentration
23056-19-060/Affordable Custom Iron 20201008

2

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):

Groundwater Contaminant Sample Location Date of Sampling
Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Chromium
MW-1 3/24/2020 21.0
10 MW-2 3/26/2020 11.0
MW-2 DUP 1 3/26/2020 34.8

5025050Vicinity Map - Not to ScalePoint Legend:SymbolAbbrDescription-Monumentation-EIPExisting Iron Pin (#4 Rebar)IPSIron Pin Set (#5 Rebar)CMConcrete MonumentPTCalculated Point-Utilities-UPUtility PoleLPLight PoleFHFire HydrantWMWater MeterWVWater ValveMWMonitoring wellSBSoil BoringSSMHSanitary Sewer ManholeSTMHStorm Water ManholeCBCatch BasinEMHElectric ManholeTMHCommunications Manhole201 West 29th StreetCharlotte, NC 28206Phone: [phone]Fax: [phone]License No.: C-1925www.ldsi-inc.comGraphicScaleText Scale: 1" = 50'Project Number: 4120002Date: 09/10/2020Drawn By: JMCReviewed By: SFMSheet 1 of 1Sealed By: SFMPlot Date: 09/10/2020No.DateByRevision1234Line Legend:SymbolDescriptionFence LineGas LineWater LineUnderground TelephoneUnderground ElectricUnderground CommunicationUnderground Fiber OpticUnderground Cable TVOverhead ElectricRight-of-Way Brownfields Property BoundarySUE
GISS
URVEYINGGNIREENIGNE SoilContaminantSampleLocationDepth(ft)Date ofSamplingConcentrationExceedingScreeningLevel(mg/kg)ResidentialScreeningLevel(mg/kg) ¹ArsenicSB-11406/08/20070.98²0.68140.313/20/20203-53-5423-54SB-DUPSB-3SB-9SB-DUPSB-10SB-9SB-8SB-7SB-6SB-5SB-4SB-3SB-2SB-7SB-8CadmiumHexavalentChromiumTP-1A3-53-53-53-53-53-53-53-53/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20203/20/20201.3²2.2²3.6²1.9²5.4²4.6²3.8²2.1²52.74.5²3.8²54.60.374J0.415J0.423J0.506J3-53-5-Miscellaneous-SignN/FNow or FormerlyCGFCombined Grid FactorBOCBack of CurbEOPEdge of Pavement’”’’’’’“”’“”’’’’’PRELIMINARY“”9/14/20JMCAddition of sites, wording revisionsExhibit BTO THE NOTICE OFBROWNFIELDS PROPERTYSURVEY PLAT OF4111 CRAFT STREETFOR:CC LoSo STATION LLC(OWNER AND PROSPECTIVEDEVELOPER)BROWNFIELDS PROJECT: 23056-19-060BROWNFIELDS PROJECT NAME:AFFORDABLE CUSTOM IRONCITY OF CHARLOTTE, MECKLENBURGCOUNTY, NC9/17/20JMCAddition of site specific language10/01/20JMCRevisions to land use restrictions/removal of sites
Exhibit C Legal Description Affordable Custom Iron Brownfields Property
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATE, LYING, AND BEING IN MECKLENBURG COUNTY,
NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a #4 iron rod marking the intersection of the northwestern right-of-way of Craft Street as
shown in Map Book 66, page 277, and the southern right-of-way line of Tryclan Drive as shown in Map
Book 61, page 919 recorded in the Mecklenburg County Register of Deeds; THENCE following along the
western right-of-way of said Craft street the following four (4) courses and distances: 1) along a curve to
the left having an arc length of 53.61 feet, and a radius of 110.50 feet, being subtended by a chord
bearing of South 03 degrees 10 minutes 39 seconds West, a distance of 53.09 feet to a #4 iron rod; 2)
THENCE South 10 degrees 43 minutes 18 seconds East a distance of 136.29 feet to a #4 iron rod; 3)
THENCE along a curve to the right having an arc length of 25.34 feet, and a radius of 39.50 feet, being
subtended by a chord bearing of South 07 degrees 39 minutes 30 seconds West, a distance of 24.91 feet
to a #4 iron rod; 4) THENCE South 26 degrees 02 minutes 18 seconds West a distance of 515.76 feet to a
#4 iron rod marking the intersection of the southwestern right-of-way of Craft Street and northern right-
of-way line of Whitton Street as shown in Map Book 62, page 381 in the Mecklenburg County Register of
Deeds; THENCE following with the northern right-of-way of Whitton Street following two (2) courses and
distances: 1) along a curve to the right having an arc length of 9.65 feet, and a radius of 147.55 feet,
being subtended by a chord bearing of North 65 degrees 40 minutes 05 seconds West, a distance of 9.65
feet to a #4 iron rod; 2) THENCE North 63 degrees 47 minutes 41 seconds West a distance of 252.88 feet
to a #4 iron rod; THENCE leaving the Whitton Street right-of-way and with the eastern property
boundary of The City of Charlotte (now or formerly) as described in Deed Book 32949, page 940, North
25 degrees 50 minutes 53 seconds East a distance of 305.31 feet to a #4 iron rod; THENCE with the
northern property boundary of said City of Charlotte lot (now or formerly) North 63 degrees 55 minutes
28 seconds West, a distance of 98.80 feet to a #4 iron rod also marking western right-of-way of Dewitt
Lane as described in Deed Book 19808, page 833; THENCE following along said right-of-way of Dewitt
Lane the following five (5) calls and distances:1) along a curve to the left having an arc length of 18.00
feet, and a radius of 1224.00 feet, being subtended by a chord bearing of North 16 degrees 28 minutes
12 seconds East, a distance of 18.00 feet to a #4 iron rod; 2) THENCE with a reverse curve to the right
having an arc length of 28.87 feet, and a radius of 19.00 feet, being subtended by a chord bearing of
North 59 degrees 37 minutes 23 seconds East, a distance of 26.17 feet to a #4 iron rod; 3) THENCE North
11 degrees 16 minutes 17 seconds East a distance of 28.95 feet to a #4 iron rod; 4) THENCE along a
curve to the right having an arc length of 25.85 feet, and a radius of 16.50 feet, being subtended by a
chord bearing of North 31 degrees 39 minutes 22 seconds West , a distance of 23.29 feet to a #4 iron
rod; 5) THENCE North 13 degrees 00 minutes 29 seconds East a distance of 7.77 feet to a #4 iron rod;
THENCE with the southern property boundary of Scaley Bark Partners LLC (now or formerly) as shown in
Map Book 66, page 277 the following four (4) calls and distances: 1) THENCE South 63 degrees 09
minutes 16 seconds East a distance of 49.70 feet to a #4 iron rod; 2) THENCE South 75 degrees 31
minutes 19 seconds East a distance of 69.14 feet to a #4 iron rod; 3) THENCE along a curve to the left
having an arc length of 62.07 feet, and a radius of 45.33 feet, being subtended by a chord bearing of
North 65 degrees 14 minutes 55 seconds East, a distance of 57.34 feet to a #4 iron rod; 4)THENCE North
26 degrees 02 minutes 02 seconds East, a distance of 197.50 feet to a #4 iron rod to the southern right-
of-way line of said Tryclan Drive; THENCE following with said southern right-of-way line of Trylcan Drive
for the following three (3) courses and distances: 1) along a curve to the left having an arc length of
58.43 feet, and a radius of 183.51 feet, being subtended by a chord bearing of South 82 degrees 04
minutes 48 seconds East, a distance of 58.18 feet to a #5 iron rod; 2)THENCE North 88 degrees 44
minutes 30 seconds East, a distance of 59.45 feet to a #5 iron rod; 3) THENCE along a curve to the left
having an arc length of 8.66 feet, and a radius of 116.51 feet, being subtended by a chord bearing of
South 89 degrees 11 minutes 19 seconds East, a distance of 8.65 feet to a #4 iron rod marking the
intersection of the southern right-of-way of said Tryclan Drive and northwestern right-of-way line of said
Craft Street, marking the POINT OF BEGINNING, having an area of 3.872 acres, more or less.