22054 2100 S Tryon NBP for PC 20201019

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Property Owner: VV 2100 Development, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Site Name: 2100 S. Tryon Street Brownfields Project Number: 22054-18-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by VV2100 Development, 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 2100 S. Tryon Street, Charlotte, Mecklenburg County. The Brownfields Property comprises two parcels totaling 2.82 acres and is located in a
mixed industrial and residential area. A former Sunoco gas station #1181 was developed in the northeastern portion of the Brownfields Property in 1957 and operated until the 1970s. B&B
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Contracting and The Brake Clinic operated within the former gas station in the 1970s/1980s and the 1980s/1990s, respectively. The gas station operated six underground storage tanks (USTs) that
were removed in the late 1990s. The building and canopy associated with the gas station were demolished in 2005 and the Brownfields Property has remained vacant since that time. Prospective Developer has committed itself to redevelopment for no uses other than high density residential, hotel, retail, office, restaurant, parking, open space, and, subject to DEQ’s prior written approval, other commercial uses. Groundwater, soil, sub-slab soil vapor, and indoor air are contaminated at
the Brownfields Property due to historical activities conducted thereon and on adjacent properties. 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 the Brownfields Agreement, and all paragraph numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for high density residential, hotel, retail, office, restaurant, parking, open space, and, subject to DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the following
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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. “Hotel” defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services.
iii. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and/or beverage products. iv. “Office” defined as the provision of business or professional services. v. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same. vi. “Restaurant” defined as a commercial business establishment that prepares and serves food and/or beverages to patrons. vii. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
viii. “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 Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and
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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, a minimum of two feet of clean fill, 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 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 designed, installed, and
implemented in a manner that will fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on a report that includes photographs and a description of the installation and performance of said measures, and to DEQ. Any design specification for vapor intrusion mitigation measures shall be approved
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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; 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
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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 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 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. 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. LURU’s 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
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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 subparagraph 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. 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
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executed this _____ day of _______________, 201__.
VV 2100 Development, 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
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________
************************************
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: VV 2100 Development, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) 2100 S. Tryon Street OF 1997, NCGS § 130A-310.30, et seq. ) 2100 South Tryon Street Brownfields Project # 22054-18-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and VV 2100 Development, 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 2100 South Tryon Street, Charlotte, Mecklenburg
County, North Carolina (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.
VV 2100 Development, LLC is a North Carolina Limited Liability Company that was
formed on May 17, 2018. and the registered agent is Doug Stephan and the mailing address for
the companies is 214 W. Tremont Ave., Suite 300, Charlotte, NC 28203. The Brownfields
Property (Property tax parcel numbers 11906105 and 11906107) is approximately 2.82 acres.
The property is currently vacant and an automotive fuel station was previously located at the
property.
VV 2100 Development, LLC intends to redevelop the Brownfields Property for retail,
office, restaurant, parking, open space, and, subject to DEQ’s prior written approval, other
commercial uses. The Brownfields Property is surrounded by land in commercial, industrial and

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residential use. Groundwater, soil and soil gas is contaminated at the Brownfields Property due
to historical a retail automotive fuel station.
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 VV 2100 Development, LLC for contaminants at the Brownfields Property.
The Parties agree that VV 2100 Development, LLC’s entry into this Agreement, and the
actions undertaken by VV 2100 Development, LLC in accordance with the Agreement, do not
constitute an admission of any liability by VV 2100 Development, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit VV
2100 Development, 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 VV 2100 Development, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises two parcels totaling 2.82 acres. Prospective
Developer has committed itself to redevelopment for no uses other than retail, office, restaurant,

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parking, open space, and, subject to DEQ’s prior written approval, other commercial uses.
4. The Brownfields Property is located in a mixed industrial and residential area
bordered to the north by W. Tremont Avenue with vacant land and office buildings located
beyond, to the east by S. Tryon Street with various commercial and light industrial properties
(2107 to 2139 S. Tryon Street) located beyond, to the south by Marathon/Petro-Express gasoline
station (2200 S. Tryon Street) and Inner Peaks Climbing Center (2220 S. Tryon Street), and to
the west by Carolina Core Recycling (511 W. Tremont Avenue) and Corey Transmission Service
(421 W. Tremont Avenue).
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
Brownfields Assessment Report, Additional Sampling Activities, 2100 S. Tryon St. Hart & Hickman March 1, 2019
Phase II Environmental Site Assessment, Vacant Property, 2100 S. Tryon Street Hart & Hickman September 18, 2018
Phase I Environmental Site Assessment,
Vacant Property, 2100 S. Tryon St.
Hart & Hickman July 29, 2018
Notice of Residual Petroleum North Carolina
Department of Environmental Quality
September 30, 2005
Active Remediation MMPE Report Apex Environmental, LLP June 6, 2005
Phase II Environmental Site Assessment Hart & Hickman May 21, 2003
Comprehensive Site Assessment, Former
Sunoco Service Station
Apex Environmental,
Inc.
March 17, 2003
Groundwater Monitoring Report – October 2002, Former Sunoco Facility Apex Environmental, Inc. December 19, 2002
Notice of No Further Action, Former Sunoco Service Station, 2100 S. Tryon St. North Carolina Department of
Environment and
Natural Resources
July 13, 1999
Soil Contamination Report, E.C. Griffith Co., Cooper June 1999

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Title Prepared by Date of Report
2100 S. Tryon St. Environmental, Inc.
Limited Site Assessment, Sun Company, Inc.,
Former South Tryon Sunoco
Fluor Daniel GTI August 27, 1998
UST Closure Report Hart & Hickman September 11, 1997
UST Removal Notification HEPACO, Inc. June 19, 1997

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property appears to have been agricultural as early 1938, based on
aerial photographs. As early as the 1920s, a rail spur that originated on an off-site property
located northwest of the Brownfields Property, passed through the southern portion of the
Brownfields Property, and connected to a rail line located approximately 1,000 ft southeast of the
Brownfields Property. The rail spur was abandoned in the 1950s. A former Sunoco gas station
#1181 was developed in the northeastern portion of the Brownfields Property in 1957 and
operated at the Brownfields Property until the 1970s. B&B Contracting and The Brake Clinic
operated within the former gas station in the 1970s/1980s and the 1980s/1990s, respectively. The
gas station operated six underground storage tanks (USTs) that were removed in the late 1990s.
The building and canopy associated with the gas station were demolished in 2005 and the
Brownfields Property has remained vacant since that time.
b. Surrounding properties consisted of mixed commercial, light industrial, and residential
properties as early as the 1920s. Light industrial and commercial businesses including, a paint
store, a bakery, a mattress and carpet cleaning business, a wholesale upholstery fabric company,
a transmission repair business, a hydraulic service business, multiple auto repair shops, a farm
machinery manufacturing facility and a plumbing supply business have operated at locations

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north of the Brownfields Property along S. Tryon Street. Properties to the east have historically
been utilized for fertilizer manufacturing operations, a gas station, and a multi-tenant commercial
building. The property located adjacent and southeast of the Brownfields Property has
historically been occupied by a gas station since the late 1960s. The property south of the
Brownfields Property was developed with residences in the 1950s- 1960s and a commercial
building from the 1970s until the 2000s and a climbing center from the 2000s until the present.
Development of automotive facilities located west of the Brownfields Property began in the
1970s.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following. Environmental data exceeding applicable screening
levels are summarized in Exhibit 2.
a. A former Sunoco gas station #1181 operated in the northeastern portion of the
Brownfields Property from 1957 until the gas station closed in the 1970s. In June 1997, a
petroleum release was discovered during removal of four 4,000-gallon gasoline USTs from the
subject Brownfields Property (NCDEQ UST Incident #18149). During UST closure activities,
gasoline-range total petroleum hydrocarbons were reported in soil samples collected from the
tank basin at concentrations above screening levels. During follow up, groundwater assessment
activities conducted at the Brownfields Property between 1998 and 2002, benzene and 1,2-
dichloroethane (DCA) were reported in groundwater at concentrations above North Carolina
Administrative Code (NCAC) 2L Groundwater Standards (NCAC 2L Groundwater Standards).
A10-day mobile multi-phase extraction (MMPE) remedial event was completed in the source
area groundwater monitoring wells in February 2005. The concentrations of benzene and 1,2-

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dichloroethane remained above NCAC 2L Groundwater Standards but were lower than before
the MMPE remedial event. The nonpetroleum constituent tetrachloroethylene (PCE, 2.2 μg/L)
was also detected in a groundwater sample collected from an on-Site monitoring well (MW-9) at
a concentration above the NCAC 2L Groundwater Standards. Laboratory results from soil
samples collected from the former tank basin after the MMPE event did not indicate an
exceedance of Commercial/Industrial Preliminary Soil Remediation Goals (PSRGs).
b. A Notice of Residual Petroleum (NORP) was filed for the Brownfields
Property in September 2005, and DEQ issued a No Further Action (NFA) letter dated October 7,
2005 for UST release incident #18149.
c. A second release incident associated with the former gas station was reported
when soil contamination was identified during removal of two 550-gallon USTs that reportedly
contained heating oil (also listed as diesel fuel) and waste oil in January 1999 (NCDEQ Incident
# 19913). Petroleum-impacted soil was detected in the former heating oil UST basin at
concentrations below screening levels. The UST Section issued a NFA letter for the release
incident in July 1999.
d. An environmental assessment was conducted at the Brownfields Property in
August 2018 for property due diligence purposes. Soil and groundwater samples were collected
and submitted to a laboratory for the analysis of volatile organic compounds (VOCs), semi-
volatile compounds (SVOCs), and RCRA metals. Based on the soil assessment laboratory
results, VOC and SVOC impacts in soil appear to be limited to the northeastern portion of the
Brownfields Property; however, no constituents were detected above Industrial/Commercial
PSRGs. The constituents 1,2,3-trichloropropane (1,2,3-TCP) and naphthalene were detected in

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groundwater samples from monitoring well TMW-2 above NCAC 2L Groundwater Standards.
To evaluate the potential risks from soil vapor, seven soil gas sampling points
were installed and sampled for VOCs by USEPA Method TO-15. Multiple petroleum-related
volatile organic compounds (VOCs) were detected at concentrations above DEQ Division of
Waste Management (DWM) Soil Gas Screening Levels (SGSLs). Risk calculations derived
using the NCDEQ Risk Calculator (February 2018 Version) indicated that soil gas
concentrations associated with one sample, SG-2 collected near the former UST basin in the
northeastern portion of the Brownfields Property, exceeded the DEQ acceptable risk threshold
under a non-residential use scenario. In addition, tetrachloroethylene was detected in one soil gas
point (SG-1) above Residential and Non-Residential Soil Gas Screening Levels (SGSLs).
e. A soil gas assessment was conducted in January 2019 under a work plan
approved by the NCDEQ. Two soil gas samples were collected to provide delineation near the
Brownfields Property boundaries. The soil gas samples were analyzed for VOCs by USEPA
Method TO-15. No VOCs were detected above SGSLs and no risks were identified using the risk
calculator above non-residential use scenarios.
f. Marathon/Petro-Express (formerly known as Conoco Store #33012, Circle K
#2723935, and Kayo Oil, 2200 S. Tryon Street) is a gas station/convenience store located
adjacent, southeast, and topographically upgradient of the subject Brownfields Property. In
September 1991, soil and groundwater contamination were discovered during removal of three
8,000-gallon gasoline USTs and associated product lines. The UST Section issued a NFA letter
dated August 23, 2002 after a NORP was filed for the gas station property, the southern portion
of the Brownfields Property (referred to as Tract 1 on the NORP), and the adjacent property to

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the southwest of the Brownfields Property (referred to as Tract 2 on the NORP, currently
identified with an address 2220 S. Tryon Street). The NORP restricts groundwater use in the
southern portion of the Brownfields Property, and on the adjacent properties (2200 and 2220 S.
Tryon Street).
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on January 22, 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 21, 2017, and
contracting to purchase the property on June 30, 2017.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and

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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;
c. an increase in tax revenue for affected jurisdictions;

10 22054-18-060/2100 South Tryon Street (20201019)
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”).
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.
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 retail, office,

11 22054-18-060/2100 South Tryon Street (20201019)
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. “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.
ii. “Office” defined as the provision of business or professional services.
iii. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
iv. “Restaurant” defined as a commercial business establishment that
prepares and serves food and/or beverages to patrons.
v. “Commercial” defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
vi. “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 Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment

12 22054-18-060/2100 South Tryon Street (20201019)
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 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

13 22054-18-060/2100 South Tryon Street (20201019)
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

14 22054-18-060/2100 South Tryon Street (20201019)
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;
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

15 22054-18-060/2100 South Tryon Street (20201019)
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

16 22054-18-060/2100 South Tryon Street (20201019)
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 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

17 22054-18-060/2100 South Tryon Street (20201019)
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. 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. LURU’s 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

18 22054-18-060/2100 South Tryon Street (20201019)
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.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
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

19 22054-18-060/2100 South Tryon Street (20201019)
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
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

20 22054-18-060/2100 South Tryon Street (20201019)
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.
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

21 22054-18-060/2100 South Tryon Street (20201019)
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 21, 2017, by which it applied for this
Agreement. That use is retail, parking, restaurant, open space, and, subject to DEQ’s prior
written 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
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

22 22054-18-060/2100 South Tryon Street (20201019)
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
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

23 22054-18-060/2100 South Tryon Street (20201019)
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
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.

24 22054-18-060/2100 South Tryon Street (20201019)
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
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

25 22054-18-060/2100 South Tryon Street (20201019)
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
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,

26 22054-18-060/2100 South Tryon Street (20201019)
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
b. for Prospective Developer: Douglas R. Stephan (or successor in function) VV 2100 Development, LLC
214 W. Tremont Ave., Suite 300 Charlotte, NC 28203 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

27 22054-18-060/2100 South Tryon Street (20201019)
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
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

28 22054-18-060/2100 South Tryon Street (20201019)
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
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________ Michael E. Scott Date Director, Division of Waste Management
IT IS SO AGREED:
VV 2100 Development, LLC By: ____________________________________________________________________________ Name typed or printed: Date
Title typed or printed:

TITLE
PROJECT
SITE LOCATION MAP
675<21675((7
&+$5/277(1257+&$52/,1$
DATE:
JOB NO:
REVISION NO:
EXHIBIT:
6/15/2018 0
1VBG-013
SITE
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
22054-18-060/2100 S. Tryon/20201019

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Exhibit 2 The most recent environmental sampling at the Property reported in the Environmental Reports occurred on August 22, 2018. The following tables set forth, for contaminants present at
the Property above unrestricted use standards or screening levels, the concentration maximum and most recent concentrations 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):
Groundwater Contaminant Sample Location
Date of
Sampling
Maximum
Concentration Exceeding Standard
(µg/L)
Date of Sampling
Most Recent
Concentration Exceeding Standard
(µg/L)
Standard
(µg/L)
C5-C8 Aliphatics
MW-1 5/27/98 6,800 5/27/98 6,800
400 MW-4 5/27/98 5,890 5/27/98 5,890
MW-5 5/27/98 8,540 5/27/98 8,540
C9-C18 Aliphatics
MW-1 5/27/98 4,250 5/27/98 4,250
700 MW-4 5/27/98 1,450 5/27/98 1,450
MW-5 5/27/98 5,332 5/27/98 5,332
C9-C22 Aromatics
MW-1 5/27/98 1,327 5/27/98 1,327
200 MW-2 5/27/98 580 5/27/98 580
MW-4 5/27/98 2,324 5/27/98 2,324
MW-5 5/27/98 3,491 5/27/98 3,491
Benzene
MW-1 5/27/98 7,020 3/23/05 681
1
MW-2 5/27/98 7.3 5/27/98 7.3
MW-3 8/16/01 4.8 8/16/01 4.8
MW-4 5/27/98 2,050 11/3/04 27
MW-5 10/22/02 16,000 3/23/05 2,090
MW-6 8/16/01 6.1 8/16/01 6.1
MW-8 3/23/05 1.0 3/23/05 1.0
MW-9 8/17/01 1.8 8/17/01 1.8
MW-10 8/17/01 2.7 8/17/01 2.7
MW-13 8/17/01 20 8/17/01 20
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Cadmium TMW-3 8/21/18 2.7 8/21/18 2.7 2
Toluene MW-1 3/23/05 2,500 3/23/05 2,500 600 MW-5 5/27/98 2,370 8/16/01 1,300
Tetrachloroethylene MW-9 3/23/05 2.2 3/23/05 2.2 0.7
Ethylbenzene
MW-1 11/3/04 1,710 3/23/05 1,620
600 MW-4 3/23/05 1,070 3/23/05 1,070
MW-5 5/27/98 1,040 5/27/98 1,040
Xylenes MW-1 3/23/05 6,600 3/23/05 6,600 500 MW-5 8/16/01 1,800 3/23/05 629
Methyl tert-Butyl Ether
MW-1 5/27/98 613 5/27/98 613
20
MW-4 5/27/98 864 10/22/02 28
MW-5 10/22/02 5,000 3/23/05 1,210
MW-12 8/17/01 270 8/17/01 270
MW-13 3/23/05 48 3/23/05 48
Isopropyl Ether
MW-1 5/27/98 135 5/27/98 135
70 MW-4 11/3/04 299 3/23/05 260
MW-5 10/22/02 670 10/22/02 670
Naphthalene
MW-1 5/27/98 350 5/27/98 350
6 MW-4 5/27/98 81 5/27/98 81
MW-5 5/27/98 140 5/27/98 140
TMW-2 8/21/18 6.2 8/21/18 6.2
1-
Methylnaphthalene TMW-2 8/21/18 4.8 J 8/21/18 4.8 J 1
Propylbenzene MW-1 5/27/98 105 5/27/98 105 70 MW-5 5/27/98 113 5/27/98 113
1,3,5-
Trimethylbenzene MW-5 5/27/98 427 5/27/98 427 400
1,2,3-Trichloropropane TMW-2 8/21/18 5.1 8/21/18 5.1 0.005
1,2-Dichloroethane
MW-1 5/27/98 186 5/27/98 186
0.4 MW-4 5/27/98 122 5/27/98 122
MW-5 3/23/05 136 3/23/05 136
MW-13 3/23/05 7.4 3/23/05 7.4
Vinyl Chloride MW-5 5/27/98 2,100 5/27/98 2,100 0.03

“J” = result is less than the laboratory reporting limit but greater than or equal to the method
detection limit. Therefore, the concentration is an estimated value.

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GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
February 2018 version):
Groundwater Contaminant with
Potential for
Vapor Intrusion
Sample
Location
Date of
Sampling
Maximum
Concentration Exceeding Screening
Level (µg/L)
Date of
Sampling
Most Recent
Concentration Exceeding Screening
Level (µg/L)
Residential
VI Screening Level1
(µg/L)
C5-C8 Aliphatics
MW-1 5/27/98 6,800 5/27/98 6,800
1.7 MW-2 5/27/98 770 5/27/98 670
MW-4 5/27/98 5,890 5/27/98 5,890
MW-5 5/27/98 8,540 5/27/98 8,540
C9-C18 Aliphatics
MW-1 5/27/98 4,250 5/27/98 4,250
0.15 MW-2 5/27/98 220 5/27/98 220
MW-4 5/27/98 1,450 5/27/98 1,450
MW-5 5/27/98 5,332 5/27/98 5,332
C9-C22 Aromatics
MW-1 5/27/98 1,327 5/27/98 1,327
32
MW-2 5/27/98 580 5/27/98 580
MW-3 5/27/98 190 5/27/98 190
MW-4 5/27/98 2,324 5/27/98 2,324
MW-5 5/27/98 3,491 5/27/98 3,491
Benzene
MW-1 5/27/98 7,020 3/23/05 681
16 MW-4 5/27/98 2,050 11/3/04 27
MW-5 10/22/02 16,000 3/23/05 2,090
MW-13 8/17/01 20 8/17/01 20
Chloroform
MW-1 10/22/02 24 10/22/02 24
8.1 MW-2 1/30/03 27 1/30/03 27
MW-4 10/22/02 22 10/22/02 22
MW-6 1/30/03 32 1/30/03 32
Ethylbenzene MW-1 11/3/04 1,710 3/23/05 1,620 35 MW-4 3/23/05 1,070 3/23/05 1,070
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MW-5 5/27/98 1,040 3/23/05 56
Methyl tert-Butyl Ether MW-5 10/22/02 5,000 10/22/02 5,000 4,500
Xylenes
MW-1 3/23/05 6,600 3/23/05 6,600
77 MW-4 8/16/01 360 8/16/01 360
MW-5 37119 1,800 3/23/05 629
Naphthalene
MW-1 5/27/98 350 5/27/98 350
35 MW-4 5/27/98 81 5/27/98 81
MW-5 5/27/98 140 5/27/98 140
1,2,4-Trimethylbenzene MW-1 5/27/98 365 5/27/98 365 50
1,3,5-Trimethylbenzene MW-5 5/27/98 427 5/27/98 427 35
1,2-Dichloroethane
MW-1 5/27/98 186 5/27/98 186
22 MW-4 5/27/98 122 5/27/98 122
MW-5 10/22/02 400 3/23/05 136
Vinyl Chloride MW-5 5/27/98 2,100 5/27/98 2,100 1.5

1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
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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 (December 2019 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
C9-C18 Aliphatics
SB-1* 8.5-10 9/25/1998 575
20 SB-1* 13.5-15 9/25/1998 946
SB-1* 18.5-20 9/25/1998 32.2
C11-C22 Aromatics
SB-1* 8.5-10 9/25/1998 456.2
20
SB-1* 13.5-15 9/25/1998 694
SB-1* 18.5-20 9/25/1998 24.7
Arsenic
SB-1 0.5-2.0 8/21/2018 3.39
0.68
SB-1 3.0-5.0 8/21/2018 1.96
SB-2 0.5-2 8/21/2018 2.36
SB-3 0.5-2.0 8/21/2018 5.65
SB-4 0.5-2.0 8/21/2018 1.65
SB-5 0.5-2.0 8/21/2018 6.01
SB-6 0.5-2.0 8/21/2018 5
SB-7 0.5-2.0 8/21/2018 5.81
Benzene
SB-1* 8.5-10 9/25/1998 3.66
1.2 SB-1* 13.5-15 9/25/1998 1.171
SB-1* 18.5-20 9/25/1998 1.882
Benzo(a)pyrene SB-3 0.5-2.0 8/21/2018 0.125 J 0.11
Chromium Total2
T-2 SS1 8 1/12/1999 9 Chromium
(III): 23,000 Chromium (VI): 0.31
T-2 PL1 3.5-4 1/12/1999 69
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Chromium (VI)
SB-1 3.0-5.0 8/21/2018 0.850J
0.31 SB-5 0.5-2.0 8/21/2018 0.458J
SB-6 0.5-2.0 8/21/2018 0.643J
SB-7 0.5-2.0 8/21/2018 0.900J
Ethylbenzene
SB-1* 8.5-10 9/25/1998 16.69
6.1 SB-1* 13.5-15 9/25/1998 8.726
SB-1* 18.5-20 9/25/1998 8.011
2-Methylnaphthalene
SB-1* 8.5-10 9/25/1998 43,500
48 SB-1* 13.5-15 9/25/1998 2,310
SB-1* 18.5-20 9/25/1998 1,250
Naphthalene
SB-1* 8.5-10 9/25/1998 63.33
4.1 SB-1* 13.5-15 9/25/1998 9.817
SB-1* 18.5-20 9/25/1998 6.234
SB-1 0.5-2.0 8/21/2018 8.64
Trichloroethylene
SB-1* 8.5-10 9/25/1998 6.949
0.87 SB-1* 13.5-15 9/25/1998 5.34
SB-1* 18.5-20 9/25/1998 3.82
1,2,4-Trimethylbenzene SB-1* 8.5-10 9/25/1998 168.6 63
1,3,5-Trimethylbenzene SB-1* 8.5-10 9/25/1998 98.1 56

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. 2 The concentrations listed represent total chromium values because the chromium samples taken in these borings were not speciated. Accordingly, both the standards for Chromium (III) and Chromium (VI) are shown in the table for comparison.
*Sample point associated with UST Incident No. 18149 “J” = result is less than the laboratory reporting limit but greater than or equal to the method detection limit. Therefore, the concentration is an estimated value.

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SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version):
Soil Gas Contaminant Sample Location Date of Sampling
Concentration Exceeding Screening Level
(mg/m3)
Residential Screening Limit1
(mg/m3)
Benzene SG-2 8/22/2018 86,600 120
Ethylbenzene
SG-2 8/22/2018 318,000
370 SG-4 8/22/2018 394
SG-5 8/22/2018 511
n-Heptane SG-2 8/22/2018 537,000 2,800
n-Hexane SG-2 8/22/2018 486,000 4,900
Naphthalene
SG-2 8/22/2018 20,100 J
21 SG-4 8/22/2018 40.6 J
SG-8 8/22/2018 36.4
Tetrachloroethylene (PCE) SG-1 8/22/2018 443 280
1,2,4-Trimethylbenzene SG-2 8/22/2018 224,000 420
1,3,5-Trimethylbenzene SG-2 8/22/2018 134,000 420
m&p- Xylenes
SG-2 8/22/2018 314,000
700 SG-4 8/22/2018 1,250
SG-5 8/22/2018 1,790
o- Xylene SG-2 8/22/2018 4,000 J 700
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.

Exhibit C
Legal Description
2100 South Tryon Street

BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on South Tryon Street and on West Tremont Avenue, and
being more particularly described as follows:

BEGINNING at an existing iron reading under concrete sidewalk (“Beginning Point”) located on
the southerly right-of-way margin of West Tremont Avenue, said right-of-way having a width of
60 feet, said existing iron reading under concrete sidewalk Beginning Point being also located at
the common corner with Tremont Associates, LLC, as described in Deed Book 11084 Page 682
of the Mecklenburg County Registry, said existing iron reading under concrete sidewalk
Beginning Point being also located South 09-02-11 West 59.66 feet from an existing iron pipe
located on the northerly right-of-way margin of the said West Tremont Avenue, said existing
iron reading under concrete sidewalk Beginning Point having North Carolina State Plane
coordinates of Northing = 537,027.07 feet and Easting = 1,442,251.30 feet as based on the
Epoch 2010.0000 realization of the North American Horizontal Datum of 1983, said datum
having a combined grid factor of 0.999842816 to convert from the ground distances specified
herein, and running thence from said POINT AND PLACE OF BEGINNING along the southerly
right-of-way margin of the said West Tremont Avenue South 81-35-11 East 182.46 feet to an
existing surveyor’s pk nail; thence following along the arc of a circular curve to the right having
a radius of 31.50 feet and an arc length of 55.66 feet (chord bearing South 30-57-52 East 48.70
feet) to an existing surveyor’s pk nail; thence following along the westerly right-of-way margin
of South Tryon Street, said right-of-way having a width of 60 feet, the following three (3) calls:
(1) following along the arc of a circular curve to the left having a radius of 1,010.04 feet and an
arc length of 193.65 feet (chord bearing South 14-09-54 West 193.36 feet) to a point, (2) South
08-40-21 West 295.98 feet to an existing iron pipe and (3) South 09-41-04 West 20.35 feet to an
existing iron pipe; thence following along the common line with National Retail Properties, LP,
as described in Deed Book 22089 Page 500 of the Mecklenburg County Registry the following
two (2) calls: (1) North 43-30-47 West 126.69 feet to an existing iron pipe and (2) South 08-51-
45 West 192.41 feet to an existing iron pipe; thence along the common boundary line with IP
Real Estate, LLC, as described in Deed Book 29595 Page 398 of the Mecklenburg County
Registry North 43-41-33 West 244.03 feet to an existing iron pipe; thence along the common
boundary line with GENE & GREG, LLC, as described in Deed Book 19822 Page 532 of the
Mecklenburg County Registry North 46-16-47 East 117.80 feet to an existing iron pipe; thence
along the common boundary line with the aforesaid Tremont Associates, LLC, the following two
(2) calls: (1) North 46-16-47 East 35.34 feet to an existing iron pipe and (2) North 09-32-01 East
(passing an existing iron pipe at 20.05 feet) a total distance of 389.92 feet to the point and place
of BEGINNING, containing 2.8230 acres, more or less, as shown on a survey prepared by
Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated July 20,
2018.