20078_Performance Auto_PCPkg_20201023

NOTICE OF INTENT TO REDEVELOP A BR WNFIELDS PROPERTY
Brownfields Property Name: Performance Auto
Brownfields Project Number: 20078-16-068
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than October 30, 2020, and will end no sooner than the
later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest
of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Performance Auto
Brownfields Project Number: 20078-16-068
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North
Carolina General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to
NCGS § 130A-310.34, LG 1810 Fordham Blvd, LLC, as Prospective Developer, has filed with the North
Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields
Property ("Property") located at 1810 and 1820 Fordham Blvd and 120 and 126 Old Durham Road,
Chapel Hill, Orange County. The Brownfields Property, which is the former site of the Performance
Auto mall and adjacent former residential property, consists of approximately 13.8 acres. Environmental
contamination exists on the Brownfields Property in soil, groundwater, and soil gas. LG 1810 Fordham
Blvd, LLC has committed itself to redevelop the Brownfields Property for no uses other than a retail
grocery store with associated parking, and with prior written DEQ approval, other commercial uses. The
Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement
between DEQ and LG 1810 Fordham Blvd, LLC, which in turn includes (a) a map showing the location
of the Property, (b) a description of the contaminants involved and their concentrations in the media of
the Property, (c) the above -stated description of the intended future use of the Brownfields Property, and
(d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared
in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the
DEQ public record database, Laserfiche, by entering the project number 20078-16-068 into the search
bar at the following web address:
https:Hedocs.deg.nc.gov/WasteManagementAVelcome.aspx?dbid=0&repo=WasteMana eg ment.
The Act requires a public comment period of at least 30 days. The first day of public comment
is defined as the day after which all of the following public notice tasks have occurred: the date this
Notice is: (1) published in a newspaper of general circulation serving the area in which the Brownfields
Property is located; (2) conspicuously posted at the Brownfields Property; and (3) mailed or delivered
to each owner of property contiguous to the Brownfields Property. Written public comments may be
submitted to DEQ within 30 days after the public comment period begins. Written requests for a public
meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods
will start no sooner than October 30, 2020, and will end no sooner than the later of. 1) 30 and 21 days,
respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3)
above -referenced tasks, if such completion occurs later than the date stated herein. All public comments
and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
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Property Owner: LG 1810 Fordham Blvd, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Performance Auto
Brownfields Project Number: 20078-16-068
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by LG
1810 Fordham Blvd, 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 1810 and 1820 Fordham Boulevard (formerly 1806
Boulevard) and 120 and 126 Old Durham Road (formerly included 130 Old Durham Road), Chapel
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Hill, Orange County and is comprised of two parcels totaling approximately 13.8 acres.
Historically the Brownfields Property was used for residential or agricultural purposes, but the
larger of the two parcels was used for automobile sales and service since 1964. It was most recently
known as the Performance Auto Mall. Environmental contamination exists on the Brownfields
Property in soil, groundwater, and soil gas. The intended reuse for this Brownfields Property is a
retail grocery store with associated parking and with prior written DEQ approval, other
commercial uses. The Brownfields Property was sold to Agree Chapel Hill NC on September 11,
2020.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and 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. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, 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 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
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a. No use may be made of the Brownfields Property other than for retail grocery store
with associated parking, and with prior written DEQ approval, other commercial uses. For
purposes of this restriction, the following definitions apply:
i. "Retail" is defined as the sale of goods or services, products or merchandise
directly to the consumer or businesses and includes showrooms, personal service, and the sale of
food and beverage products;
ii. "Parking" is defined as the temporary accommodation of motor vehicles in an
area designed for same; and
iii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee, or licensee.
b. 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 paragraph 8
above;
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.
c. Within 90 days after each one-year anniversary of the effective date of this Agreement
for as long as physical redevelopment of the Brownfields Property continues (except that the
final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner
of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment -related activities since the last report, with a summary and drawings, that
describes:
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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).
d. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ.
e. 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 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined in subparagraph 15.b. above.
f. 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 site assessment data or a site -specific risk
assessment approved in writing by DEQ;
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ii. the building is or would be sufficiently distant from
the Brownfields Property's groundwater and/or soil contamination based on assessment data
approved in writing by DEQ that the building's users, public health and the environment will be
protected from risk from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are designed, installed, and
implemented in a manner that will fully protect public health to the satisfaction of a professional
engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report
that includes photographs and a description of the installation and performance of said measures,
and to DEQ. Any design specification for vapor intrusion mitigation measures shall be approved
in writing by DEQ in advance of installation and/or implementation of said measures. The
design specifications shall include methodology(ies) for demonstrating performance of said
measures.
g. Soil may not be removed from, or brought onto, the Brownfields Property without
prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined in Paragraph 15.b. above.
h. 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.
i. 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 Orange County land records,
Book , Page ." A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If
every 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 paragraph, 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.
j. 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:
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i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles; or
iii. as constituents of products and materials customarily used and stored in retail
grocery, and associated parking environments, provided such products and materials are stored in
original retail packaging and used and disposed of in accordance with applicable laws.
k. The Brownfields Property may not be used for childcare, adult care centers or
schools without the prior written approval of DEQ.
1. 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 1 st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Orange County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Orange 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; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.f.iii. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit 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
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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
executed this day of , 202_.
LOW
NORTH CAROLINA
ORANGE COUNTY
LG 1810 Fordham Blvd, LLC
Joshua Canafax
Chief Investment Officer
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
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VA

ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Agree Chapel Hill NC
By:
Danielle Spehar Date
MICHIGAN
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
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: LG 1810 Fordham Blvd, LLC
UNDER THE AUTHORITY OF THE
) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT
) Performance Auto
OF 1997, NCGS § 130A-310.30, et sue.
) 1810 and 1820 Fordham Boulevard
Brownfields Project No. 20078-16-068
) 120 and 126 Old Durham Road
Chapel Hill, Orange County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and LG 1810 Fordham Blvd, 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 1810 and 1820 Fordham Boulevard and 120 and 126
Old Durham Road (the `Brownfields Property"). The former addresses for the Brownfields
Property also included 1806 Fordham Boulevard and 130 Old Durham Road. A map showing the
location of the Brownfields Property that is the subject of this Agreement is attached hereto as
Exhibit 1.
The Prospective Developer, LG 1810 Fordham Blvd, LLC is a Texas limited liability
company with the principal address of 3500 Maple Avenue, Suite 1600, Dallas, TX 75219. The
managing member of the Prospective Developer is LG Capital, LLC with Joshua Canafax as the
Chief Investment Officer.
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
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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 LG 1810 Fordham Blvd, LLC for contaminants at the Brownfields
Property.
The Parties agree that LG 1810 Fordham Blvd, LLC 's entry into this Agreement, and the
actions undertaken by LG 1810 Fordham Blvd, LLC in accordance with the Agreement, do not
constitute an admission of any liability by LG 1810 Fordham Blvd, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit LG
1810 Fordham Blvd, 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 LG 1810 Fordham Blvd, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property originally comprised four parcels with a total of
approximately 13.86 acres, and the addresses 1806 Fordham Boulevard, and 120, 126, and 130
Old Durham Road. These four parcels were recombined into two parcels with the addresses
changes as summarized in the following table and a combined total of 13.8 acres:
2
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New PIN
New Address
AAcreage New ea e
Former Address
Former PIN
Fotner
9799782879
1810 Fordham Blvd
1820 Fordham Blvd
11.62
1806 Fordham Blvd
9799782859
11.64
9799781484
120 Old Durham Road
126 Old Durham Road
2.18
120 Old Durham Rd
9799780414*
0.39
126 Old Durham Rd
9799780494*
0.52
130 Old Durham Rd
9799782474*
1.28
*The former PINS and former acreage are consistent with the Orange County GIS parcel history;
although the former PINS associated with the 120, 126, and 130 Old Durham Road addresses
were noted on the Brownfields Property Applications for this Brownfields Property as PINS
9799689335, 9799780316, and 9799782464, respectively.
Address references in this Agreement may refer to the former parcel addresses. The Prospective
Developer has committed itself to redevelopment for no uses other than as a retail grocery store
with associated parking, and with prior written DEQ approval, other commercial uses.
4. The Brownfields Property is bordered to the north by a Service Road with Fordham
Boulevard (also known as Durham -Chapel Hill Boulevard) and commercial property beyond; to
the east by property owned by the State Employees Credit Union and residential property; to the
south by single family residential property; and to the west with a fast food restaurant and a
convenience store with Scarlett Drive beyond.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment,
WithersRavenel
February 23, 2016
Performance Auto Mall Property
Phase II Environmental Site Assessment,
withersRavenel
May 19, 2016
Performance Auto Mall Property
Site Operations Plan, Performance Auto
The John R. McAdams Co., Inc
November 29, 2016
Mall
Phase II Environmental Site Assessment,
The John R. McAdams Co., Inc
December 13, 2016
120 & 126 Old Durham Road
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Title
Prepared by
Date of Report
Phase I Environmental Site Assessment
The John R. McAdams Co., Inc
December 13, 2016
Report, 120 & 126 Old Durham Road
Brownfield SOP -Site Preparation Activities
Mid -Atlantic Associates, Inc.
January 4, 2017
Update, Performance Auto Mall
Letter, Commercial State Trust Fund
NC DEQ, Waste Management
March 27, 2017
Eligibility Transfer
UST Section
Site Operations Plan,
Environmental/Compliance Activities, First
Mid -Atlantic Associates, Inc.
May 5, 2017
Quarter 2017, Performance Auto Mall
Site Operations Plan, Environmental
Compliance Activities, Second Quarter
Mid -Atlantic Associates, Inc.
July 28, 2017
2017, Performance Auto Mall
Site Operations Plan,
Environmental/Compliance Activities, Third
Mid -Atlantic Associates, Inc.
October 23, 2017
Quarter 2017, Performance Auto Mall
August 2017 Groundwater Monitoring
The John R. McAdams Co., Inc.
November 16, 2017
Report
Updated Preliminary Conceptual
Remediation Plan and Cost Estimates and
The John R. McAdams Co., Inc.
December 5, 2017
Receptor Survey
Site Operations Plan,
Environmental/Compliance Activities,
Mid -Atlantic Associates, Inc.
January 24, 2018
Fourth Quarter 2017, Performance Auto
Mall
Site Operations Plan,
Environmental/Compliance Activities, First
Mid -Atlantic Associates, Inc.
April 20, 2018
Quarter 2018, Performance Auto Mall
Site Operations Plan,
Environmental/Compliance Activities
Mid -Atlantic Associates, Inc.
June 15, 2018
Decommissioning Report, Former
Performance Auto Mall
Revised Request for Managed Reuse
The John R. McAdams Co., Inc.
March 8, 2019
Environmental Consulting Services,
Terracon Consultants, Inc.
May 20, 2019
Removal of Crushed Concrete
Interim EMP Implementation Report,
The John R. McAdams Co., Inc.
June 28, 2019
Performance Auto Mall
Soil Gas Sampling Report
The John R. McAdams Co., Inc.
July 23, 2019
Vapor Intrusion Mitigation System Design,
Geosyntec Consultants of NC,
May 22, 2020
Former Performance Auto Mall
P.C.
Letter, Vapor Mitigation Design Compliance
NC DE , DWM, Brownfields
May 28, 2020
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Title
Prepared by
Date of Report
Review, Performance Auto
Program
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property was historically used for residential or agricultural
purposes. The largest parcel, formerly known as the Performance Auto Mall, located at 1806
Fordham Blvd was first developed for automotive purposes in 1964 when it was operated by
Harris Conner Chevrolet. Since 1964, this parcel was used for automotive sales, service and
repair, with expanding automotive operations over time including several dealerships (Chevrolet,
Subaru, Porsche, Acura, BMW) in six buildings totaling about 106,000 square feet.
Decommissioning of the automotive operations was complete by 2018.
b. The 130 Old Durham Road parcel historically was residential until at least
1993. It was purchased by the Hendrick Automotive Group in 1997, and a commercial building
was constructed on its western portion by 2002 with the remainder of the parcel a paved parking
lot. The onsite building was demolished in 2006. By 2008, the entirety of this parcel consisted of
an asphalt parking lot that was used by Performance Auto Mall employees.
c. The parcel located at 120 Old Durham Road was historically cleared by about
1955, but was undeveloped until 1982, when it was used for residential purposes. The former
residential building at 120 Old Durham Road was a three-story building with a basement and
was reportedly moved there from another location in 1982. A portion of this property was also
used as a violin and music store, but such use ceased sometime prior to the Prospective
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Developer purchasing this parcel.
d. The 126 Old Durham Road parcel was first developed with a ranch -style house
in 1956. Reportedly it was used prior to 2004 as an antique store and from 2004 through 2009,
as a school/daycare. From 2009 on, the structure was vacant.
e. The Prospective Developer purchased the 1810 Fordham Boulevard and the
130 Old Durham Road parcels from the previous owner, Hendrick Automotive Group
(Hendrick), on January 19, 2017. Under a lease agreement with Hendrick, after the Prospective
Developer purchased these parcels, the automotive operations were allowed to continue under a
DEQ-approved Site Operations Plan designed to minimize the potential for a release from these
operations until the existing lease expired. The Prospective Developer purchased the 120 and 126
Old Durham Road parcels from different individuals on January 17, 2017 and January 19, 2017,
respectively. The Brownfields Property was sold to Agree Chapel Hill NC of Bloomfield Hills,
Michigan on September 11, 2020.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Use of a portion of the Brownfields Property for automotive sales, service, and
repair operations included the onsite handling and storage of a variety of products and waste
materials including oils, solvents, antifreeze, cleaning compounds, batteries, and tires in the
various service garages, car wash area, collision center, paint mixing room, and/or parts
department. Motor oil was stored in up to seven 500-gallon above ground storage tanks (ASTs),
various cleaning compounds, lubricants, and grease were stored in multiple 5-gallon to 55-gallon
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drums, waste oil was stored in four 500-gallon ASTs and one 250-gallon AST, antifreeze was
stored in two 500-gallon ASTs, and paint and solvent waste was stored in 55-gallon drums.
Hydraulic lifts and oil/water separators were also in use throughout the service areas.
b. Gasoline and waste oil were also stored historically in underground storage
tanks (USTs) at the Brownfields Property. Over the years, one 3,000-gallon and two 1,100-
gallon gasoline USTs, and one 1,000-gallon waste oil UST were in use. There are two DEQ UST
Section leaking underground storage tanks (LUST) and one leaking above ground storage tank
(LAST) regulatory incidents associated with the Brownfields Property.
c. LUST Incident No. 16492 is related to releases from two 1,100-gallon gasoline
USTs that were discovered upon removal of the USTs on March 28, 1995. Free product was
noted in the excavation pit from the UST removal. Free product recovery was conducted at least
through 2003 in this this area, although recent concentrations in groundwater in certain wells
indicates that some free product may remain on the groundwater table. This release was accepted
into the DEQ's predecessor (DENR) UST Trust Fund Program. Eligibility for reimbursement
under the UST Trust Fund was transferred from Hendrick to LG 1810 Fordham Boulevard, LLC
effective March 27, 2017. This incident is still open; however, soils were over -excavated, an in -
situ chemical remedial compound, OBC+, was placed at the bottom of the excavation, and
confirmatory soil sampling was conducted. Two off -site water supply wells associated with this
incident have been closed. The UST Section incident will be closed once this Agreement is
recorded at the Orange County Register of Deeds, and such documentation is provided to the
UST Section.
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d. LUST Incident No. 8462 was reported on June 14, 1991 when contaminated
soil was discovered during the removal of a 1,000-gallon waste oil UST on May 3, 1991. The
contaminated soils were excavated and transported offsite for disposal. The regulatory incident
was closed out on July 15, 1992.
e. The 3,000-gallon gasoline UST, formerly located near the car wash building,
and its associated product lines and dispenser island were removed from the Brownfields
Property in August 2002. No contamination was observed upon removal and confirmation soil
sampling did not result in detections of contaminants above laboratory detection limits. A No
Further Action letter for this UST closure was issued by the DENR (DEQ's predecessor) UST
Section on September 16, 2002.
f. LAST Incident No. 86219 is associated with petroleum releases from four on -
site in -ground hydraulic lifts and a former oil -water separator that was discovered in March
2002. The contaminated soils were excavated and about 39.5 tons of contaminated soil was
transported offsite for disposal. The UST Section closed out the incident on July 6, 2005. All
remaining in -ground hydraulic lifts were removed from the Brownfields Property in 2009 and no
additional petroleum -impacted soil was observed at that time.
g. From the date of purchase until May 19, 2018, the Prospective Developer
leased the former Performance Auto Mall parcels to Hendrick, the former owner/occupant and
responsible party for the site under a DEQ-approved Site Operations Plan (SOP) (McAdams,
November 29, 2016). The SOP was prepared to invoke spill prevention and sampling measures
designed to prevent additional releases to environmental media and to evaluate whether such
Performance Auto/20078-16-068/230ct2020

releases occurred during this lease period, and to address decommissioning activities. During
this time, the Prospective Developer conducted periodic oversight of the operations.
h. Decommissioning operations of the former Performance Auto Mall facility
were performed by the Hendrick in April and May 2018. These included the removal of above-
ground hydraulic lifts, ASTs, drums and containers of automotive fluids, batteries, and other
materials associated with operation of the automotive facility; final cleanout of the floor drain
and oil/water separator and floor drain systems, including the car wash facility; the pressure
washing of the secondary containment structures for the ASTs; and the removal of oily
wastewater from the cleaning operations. Hendrick vacated the premises on May 19, 2018.
i. From October 2018 through April 2019, under the requisite permits, DEQ-
approved work plans, or a DEQ-approved Environmental Management Plan (EMP) required by
subparagraph 15.b. below, the Prospective Developer completed building demolition activities,
removed concrete floor slabs, footings, and subsurface utilities from the former Performance
Mall operations area, reused concrete material under certain areas of the redevelopment,
excavated source areas of impacted soil and transported such soil and other contaminated
materials for off -site disposal, and abandoned known onsite monitoring wells and one water
supply well on the Brownfields Property in accordance with 15A NCAC 02C.0100.
j. From January 2019 through April 2019, the Prospective Developer removed
several sub -grade features, including a hydraulic elevator pit, oil/water separators, and up to
approximately 2,800 tons of petroleum -impacted soil from several source area excavations,
including former UST, AST, and sanitary sewer areas on the Brownfields Property. Impacted
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soil was transported to Earthtec in Sanford, NC for offsite disposal. The Prospective Developer
also treated two backfilled excavations with a chemical oxidation product, OBC+, to reduce
concentrations of petroleum in groundwater. This included the excavation of petroleum -
impacted soils and use of OBC+ for the former UST release area in connection with LUST
Incident No. 16492 discussed above.
k. Under the Revised Request for Managed Reuse (McAdams, March 8, 2019), the
Prospective Developer segregated visibly or presumed contaminated building materials such as
concrete and tile from non -contaminated materials. Testing was used to evaluate what materials
could be used for reuse on the Brownfields Property. This material was crushed onsite and
reused as aggregate material under paved surfaces, behind retaining walls, and below the
building pad for the grocery store.
1. On May 22, 2020, the Prospective Developer submitted a vapor intrusion
mitigations system (VIMs) design in accordance with the requirements of subparagraph 15.f.iii.
below for the entire grocery store footprint, which was found to be in compliance with the
DEQ's Vapor Intrusion Mitigation System (VIMS) Design Submittal New Construction Minimum
Requirements Checklist (March 2018).
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on July 23, 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
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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 dated September 22, 2016 for the initial
two parcels and a Brownfields Property Application dated May 4, 2017 for two additional
parcels, and the following:
a. On January 19, 2017, Prospective Developer purchased the 1806 Fordham
Boulevard, the 126 Old Durham Road, and the 130 Old Durham Road parcels of the Brownfields
Property.
b. On January 17, 2017, Prospective Developer purchased the 120 Old Durham
Road parcel of the Brownfields Property.
c. From the date of purchase until May 19, 2018, the Prospective Developer
leased the former Performance Auto Mall parcels to Hendrick for continued automotive
operations until their lease expired, and conducted periodic oversight of the decommissioning of
the former Performance Auto Mall facility conducted by Hendrick.
d. From October 2018 through April 2019, under the requisite permits, DEQ-
approved work plans, or a DEQ-approved Environmental Management Plan (EMP) required by
subparagraph 15.b. below, the Prospective Developer completed building demolition activities,
remedial activities, and site construction preparation work.
e. On May 22, 2020, the Prospective Developer submitted a vapor intrusion
mitigations system (VIMs) design in accordance with the requirements of subparagraph 15.f.iii.
for the entire grocery store footprint, which was found to be in compliance with the DEQ's
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Vapor Intrusion Mitigation System (VIMS) Design Submittal New Construction Minimum
Requirements Checklist (March 2018).
f. On September 11, 2020, the Prospective Developer sold the Brownfields
Property to Agree Chapel Hill NC of Bloomfield Hills, Michigan.
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
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
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requirements.
11. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
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. a return to productive use of the Brownfields Property;
b. an increase in the Brownfields Property's productivity;
c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
d. the creation of 180 full-time and at least 250 part-time jobs within the grocery
store as well as 150 to 220 construction jobs;
e. an increase in tax revenue for affected jurisdictions;
f. additional grocery store offerings for the area; and
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g. "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 grocery
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store with associated parking, and with prior written DEQ approval, other commercial uses. For
purposes of this restriction, the following definitions apply:
i. "Retail" is defined as the sale of goods or services, products or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sale of food and beverage products;
ii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same; and
iii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee, or licensee.
b. 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
paragraph 8 above;
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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.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
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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).
d. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
e. 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 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined in subparagraph 15.b. above.
f. 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
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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 site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from
the Brownfields Property's groundwater and/or soil contamination based on assessment data
approved in writing by DEQ that the building's users, public health and the environment will be
protected from risk from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are designed, installed, and
implemented in a manner that will fully protect public health to the satisfaction of a professional
engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report
that includes photographs and a description of the installation and performance of said measures,
and to DEQ. Any design specification for vapor intrusion mitigation measures shall be approved
in writing by DEQ in advance of installation and/or implementation of said measures. The
design specifications shall include methodology(ies) for demonstrating performance of said
measures.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in Paragraph 15.b. above.
h. Neither DEQ, nor any party conducting environmental assessment or
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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.
i. 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 Orange County land
records, Book , Page ." A copy of any such instrument shall be sent to the persons
listed in Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If
every 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 paragraph, 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.
j. 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
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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 constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles; or
iii. as constituents of products and materials customarily used and stored
in retail grocery, and associated parking environments, provided such products and materials are
stored in original retail packaging and used and disposed of in accordance with applicable laws;
k. The Brownfields Property may not be used for childcare, adult care centers or
schools without the prior written approval of DEQ.
1. 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 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Orange County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Orange 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;
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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; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.f.iii. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
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.
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VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.h. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
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 Orange
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
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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 Orange County land records, Book , Page ." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
KW
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.
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VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 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 September 22, 2016 for the initial two parcels and a
subsequent Brownfields Property Application dated May 4, 2017 for two additional parcels, by
which it applied for this Agreement. That use is a retail grocery store with associated parking,
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
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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. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
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demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
26
Performance Auto/20078-16-068/23Oct2020

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 § I I3A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
27
Performance Auto/20078-16-068/230ct2020

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 Parry 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 paragraph 15 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
Performance Auto/20078-16-068/230ct2020

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,
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.
29
Performance Auto/20078-16-068/230ct2020

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
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Adam Smith
LG 1810 Fordham Blvd, LLC
3500 Maple Avenue
Suite 1600
Dallas, TX 75219
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
30
Performance Auto/20078-16-068/230ct2020

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 Parry requesting such termination receives
written agreement from the other Parry to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
31
Performance Auto/20078-16-068/230ct2020

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:
Ellen Lorscheider Date
Division Deputy Director
IT IS SO AGREED:
LG 1810 Fordham Blvd, LLC
By:
Joshua Canafax Date
Chief Investment Officer, LG Capital, LLC
32
Performance Auto/20078-16-068/230ct2020

c
r 1 �
IN
LEGEND
SUBJECT PROPERTY
NOTES:
1. BASE MAP FROM USGS TOPOGRAPHIC QUADRANGLE OF CHAPEL HILL, NC; 1993
J
McAnaMs
EXHIBIT I
TOPOGRAPHIC SITE MAP
EMP IMPLEMENTATION
PERFORMANCE AUTO MALL
CHAPEL HILL, NORTH CAROLINA
■ Feet
1 inch 500 feet
DWG NO:
1
DATE:
16/06/2019
JOB NO:
LCG-16000
DRAWN BY:
EGH
DRAFT CHECK:
ENG. CHECK:
APPROVAL:
FILE LOC: x1Projeds\LCG\LCG-16000\Gls\
EMP_IM PLEMENTATIONTRAW ING_I_TOPO_MAP

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on July 23, 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 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 /L
Date of
Most
Recent
Sampling
Most Recent
Concentration
(µgo )
Standard
(µg/L)
DW-1
9/27/2007
1.3
9/27/2007
1.3
MW-1
9/27/2007
15,000
9/27/2016
3.7
MW-2
8/29/2002
3,950
8/31/2017
290
MW-5
8/17/2001
3,110
8/30/2017
160
MW-7
8/17/2001
19,200
8/31/2017
<0.5
MW-9
9/3/1997
6,770
8/30/2017
1,300
Benzene
MW-10
9/27/2007
66.9
8/29/2017
6.0
1
MW-13
9/3/1997
11,100
9/28/2007
111
MW-16
8/17/2001
252
9/27/2007
<DL
MW-29
10/17/2017
14,000
10/17/2017
14,000
TRW-1
8/17/2001
5,440
8/30/2017
2,100
#126-
WS 1/Du
11/12/1997
1/2
11/12/1997
1/2
2-Chlorotoluene
MW-9
9/27/2016
240
8/30/2017
<5.0
100
1,1-
Dichloroethane
MW-23
4/20/2016
28
8/29/2017
<0.5
6
Cis-1,2-
MW-5
9/28/2007
7,820
8/30/2017
4,500
Dichloroethylene
MW-9
9/28/2007
72.6
8/30/2017
45
70
MW-1
9/27/2007
2,010
9/27/2007
2,010
MW-7
8/17/2001
3,040
8/31/2017
<0.5
MW-9
8/29/2002
4,000
8/30/2017
1,600
Ethylbenzene
MW-13
9/3/1997
534
9/28/2007
11.8
600
MW-29
10/17/2017
2,700
10/17/2017
2,700
TRW-1
8/29/2002
4,000
8/31/2017
3,200
Isopropylbenzcne
MW-7
8/17/2001
83
8/31/2017
<0.5
70
Performance Auto/20078-16-068/230ct2020

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard /L
Date of
Most
Recent
Sampling
Most Recent Concentration
�µ )
Standard
(µg/L)
MW-9
8/29/2002
150
8/30/2017
62
MW-29
10/17/2017
88
10/17/2017
88
TRW-1
8/29/2002
90
8/31/2017
80
MW-1
8/29/2002
290
8/29/2002
290
Isopropyl Ether
MW-7
8/29/2002
230
8/31/2017
<0.5
70
DW-1
9/27/2007
25.8
9/27/2007
25.8
MW-1
3/12/1997
330,000
9/27/2016
1.6
MW-2
9/27/2016
110,000
8/31/2017
57,000
MW-4
9/27/2016
120
8/29/2017
83
MW-5
9/3/1997
3,350
8/30/2017
280
MW-7
4/17/1997
227,000
8/31/2017
2.0
MW-8
9/27/2016
81
8/31/2017
21
Methyl tert-butyl
MW-9
9/3/1997
481
8/30/2017
250
20
ether
MW-10
9/27/2007
437
8/29/2017
2.0
MW-13
9/3/1997
122,000
9/28/2007
121
MW-16
8/29/2002
57.8
9/27/2007
<DL
MW-17
8/29/2002
44.5
8/29/2017
32
MW-28
10/17/2017
69
10/17/2017
69
MW-29
10/17/2017
8,600
10/17/2017
8,600
TRW-1
8/29/2002
3,180
8/31/2017
740
MW-1
9/27/2007
461
9/27/2007
461
MW-2
8/29/2002
150
8/31/2017
<100
MW-5
8/29/2002
159
8/30/2017
8.7J
MW-7
8/29/2002
1,140
8/31/2017
<1.0
Naphthalene
MW-9
8/17/2001
608
8/30/2017
530
6
MW-10
9/27/2007
8.4
8/29/2017
<1.0
MW-13
8/17/2001
145
9/28/2007
2.6
MW-29
10/17/2017
810
10/17/2017
810
TRW-1
8/29/2002
1,460
8/31/2017
820
MW-1
9/27/2007
137
9/27/2007
137
MW-7
8/17/2001
293
8/31/2017
<0.5
n-Propylbenzene
MW-9
8/29/2002
530
8/30/2017
160
70
MW-29
10/17/2017
250
10/17/2017
250
TRW-1
9/28/2007
357
8/31/2017
260
MW-29
10/17/2017
86
10/17/2017
86
Styrene
TRW-1
9/28/2007
122
8/31/2017
<4.7
70
Tetrachloroethene
MW-1
9/27/2016
0.73
9/27/2016
0.73
0.7
MW-5
8/29/2002
12
8/30/2017
<0.98
Tetrachloroethene
MW-10
8/17/2001
3.0
8/29/2017
<0.5
0.7
Performance Auto/20078-16-068/23Oct2020

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard /L
Date of
Most
Recent
Sampling
Most Recent Concentration
�µ )
Standard
(µg/L)
MW-17
8/29/2002
2.0
8/20/2017
0.62
MW-1
3/12/1997
9,100
9/27/2007
184
MW-2
8/29/2002
2,410
8/31/2017
<50
MW-7
4/17/1997
33,700
8/31/2017
<0.5
Toluene
MW-9
8/29/2002
22,200
8/30/2017
1,600
600
MW-13
9/3/1997
11,200
9/28/2007
5.8
MW-29
10/17/2017
28,000
10/17/2017
28,000
TRW-1
8/31/2017
15,000
8/31/2017
15,000
MW-5
9/28/2007
185
8/30/2017
14
Trichloroethene
MW-9
8/30/2017
8.5
8/30/2017
8.5
3
MW-1
9/27/2007
1,350
9/27/2007
1,350
MW-2
9/27/2016
420
8/31/2017
<50
1,2,4-
MW-7
8/17/2001
2,400
8/31/2017
<0.5
Trimethylbenzene
MW-9
8/29/2002
4,700
8/30/2017
1,900
400
MW-29
10/17/2017
2,100
10/17/2017
2,100
TRW-1
9/28/2007
3,720
8/31/2017
2,100
MW-7
8/29/2002
550
8/31/2017
<0.5
1,3,5-
MW-9
8/29/2002
1,180
8/30/2017
410
Trimethylbenzene
MW-29
10/17/2017
530
10/17/2017
530
400
TRW-1
9/28/2007
907
8/31/2017
510
MW-5
8/30/2017
9.1
8/30/2017
9.1
Vinyl Chloride
MW-9
8/30/2017
350
8/30/2017
350
0.03
MW-23
4/20/2019
0.93
4/20/2019
0.93
MW-1
3/12/1997
6,700
9/27/2007
2,808
MW-2
8/29/2002
1,170
8/31/2017
<100
MW-7
8/17/2001
15,200
8/31/2017
<1.0
Total Xylenesl
MW-9
8/29/2002
21,600
8/30/2017
7,240
500
MW-13
9/3/1997
5,350
9/28/2007
21.7
MW-29
10/17/2017
14,100
10/17/2017
14,100
TRW-1
8/17/2001
17,600
8/31/2017
14,500
Notes:
<DL - Not reported above the detection limit
Free product petroleum hydrocarbons have been reported in monitoring wells MW-3 & MW-11, and recovery well TRW-1.
Bold font indicates that the concentration also exceeds the NC DEQ Gross Contamination Level for Groundwater (GCL).
'The value reported is the larger of either the total xylenes value or the addition of the separate results for m,p-xylenes and
the o-xylene values for the same sample.
Performance Auto/20078-16-068/23Oct2020

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the non-residential Vapor Intrusion Screening Levels of the Division of Waste Management
July 2020 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample
Location
Date n
Sampling
Most Recent
Concentration
Exceeding
Screening
Level /L
Non -
Residential VI
Screening
Level'
/L
Benzene
MW-2
8/31/2017
290
69
MW-5
8/30/2017
160
MW-9
8/30/2017
1,300
MW-13
9/28/2007
111
MW-29
10/17/2017
14,000
TRW-1
8/31/2017
2,100
Cis-1,2-Dichloroethylene
MW-5
8/30/2017
4,500
NS
MW-9
8/30/2017
45
Ethylbenzene
MW-1
9/27/2007
2,010
150
MW-9
8/30/2017
1,600
MW-29
10/17/2017
2,700
TRW-1
8/31/2017
3,200
Isopropyl Ether
MW-1
8/29/2002
290
NS
Methyl tert-butyl ether
MW-2
8/31/2017
57,000
20,000
Naphthalene
MW-1
9/27/2007
461
200
MW-9
8/30/2017
530
TRW-1
8/31/2017
820
Toluene
MW-29
10/17/2017
28,000
16,000
Trichloroethene
MW-5
8/30/2017
14
4.4
MW-9
8/30/2017
8.5
1,2,4-Trimethylbenzene
MW-1
9/27/2007
1,350
210
MW-9
8/30/2017
1,900
MW-29
10/17/2017
2,100
TRW-1
8/31/2017
2,100
1,3,5-Trimethylbenzene
MW-9
8/30/2017
410
150
MW-29
10/17/2017
530
TRW-1
8/30/2017
510
Vinyl Chloride
MW-9
8/30/2017
350
25
Total Xylenes
MW-1
9/27/2007
2,808
320
MW-9
8/30/2017
7,240
Performance Auto/20078-16-068/230ct2020
4

Groundwater
Most Recent
Non -
Contaminant with
Sample
Date
Concentration
Residential VI
Potential for Vapor
Location
Sampling
n
Exceeding
Screening
Intrusion
Screening
Level'
Level /L
/L
Total Xylenes
MW-29
10/17/2017
14,100
320
TRW-1
8/31 /2017
14,500
Notes:
'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.
NS — Screening level or regulatory not established.
Performance Auto/20078-16-068/23Oct2020

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2020 version):
Concentratio
Industrial
Soil
Sample
Date of
n ExceedingScreening
Contaminant
Location
Depth (ft)
Sampling
Screening
Level'
Level
(mg/kg)
(mg/kg)
SS-T2
Unknown
3/13/2019
3.4
Arsenic
WO-W
Unknown
2/1/2019
6.0
3.0
WO-F
Unknown
2/1/2019
7.9
tert-Amyl
SS-EW
Unknown
3/13/2019
0.00094J
NS
Methyl Ether
tert-Butyl
SS-EW
Unknown
3/13/2019
0.035J
NS
Alcohol
WO-S
Unknown
2/1/2019
0.008991
Phenanthrene
AC-OWS-
Unknown
2/1/2019
0.0298J
NS
SW
Notes:
'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-6 lifetime incremental cancer risk.
NS -No screening level established
Performance Auto/20078-16-068/230ct2020

OTT. GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2020 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Limit'
/m
1,3-Dichlorobenzene
SG-1
5/30/2019
13
NS
DUP-1
5/30/2019
31
SG-2
5/30/2019
14
SG-3
5/30/2019
40
SG-4
5/30/2019
14
SG-5
5/30/2019
21
SG-6
5/30/2019
23
SG-8
5/30/2019
10
SG-9
5/30/2019
17
SG-11
5/30/2019
18
SG-12
5/30/2019
6.3
cis-1,2-Dichloroethylene
DUP-1 SG-1
5/30/2019
15
NS
SG-4
5/30/2019
100
SG-5
5/30/2019
32
SG-7
5/30/2019
5.9
SG-9
5/30/2019
1.5
trans- l,2-Dichloroeth lene
SG-4
5/30/2019
22
NS
Ethanol
DUP-1 SG-1
5/30/2019
230 V-05
NS
SG-2
5/30/2019
29 V-05
SG-5
5/30/2019
1,000 V-05
SG-7
5/30/2019
2,600 V-05
SG-8
5/30/2019
19 V-05
SG-9
5/30/2019
24 V-05
SG-11
5/30/2019
61 J
SG-12
5/30/2019
22 V-05
4-Ethyltoluene
SG-2
5/30/2019
2.1
NS
SG-5
5/30/2019
13
SG-6
5/30/2019
11
SG-7
5/30/2019
15
SG-8
5/30/2019
140
SG-10
5/30/2019
35
SG-11
5/30/2019
9.6
SG-12
5/30/2019
3
Performance Auto/20078-16-068/23Oct2020

Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Limit'
/m
Trichlorofluoromethane
(Freon 11)
SG-1
5/30/2019
1,700
NS
DUM
5/30/2019
2,000
SG-2
5/30/2019
280
SG-3
5/30/2019
95
SG-4
5/30/2019
480
SG-5
5/30/2019
4,100
SG-6
5/30/2019
6,800
SG-7
5/30/2019
130,000
SG-8
5/30/2019
73
SG-9
5/30/2019
59
SG-10
5/30/2019
320,000
SG-11
5/30/2019
13J
SG-12
5/30/2019
470
Notes:
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
J- Estimated concentration detected below the Reporting Limit (RL)
V-05- continuing calibration verifications (CCV) did not meet method specification and was biased on the low side.
NS — No screening level established
Performance Auto/20078-16-068/23Oct2020

EXHIBIT C
Legal Description
Parcel 1— Pin #9799-78-2879
From an iron pipe found on the southern right of way of Fordham Boulevard/U.S. 15-501;
having coordinates of Northing: 798,858.72' and Easting: 1,996,678.24'; said point being the
POINT OF BEGINNING; Thence along said right of way, North 61 ° 07' 13" East for a distance
of 200.02 feet to an iron rod found on a line. Thence, North 61 ° 12' 5 7 " East for a distance of
863.54 feet to an iron pipe found. Thence leaving said right of way, South 12' 22' 30" East for a
distance of 756.81 feet to an iron pipe found on the northern right of way of Old Durham
Road/S.R. 1838; Thence along said right of way, North 89' 33' 22" West for a distance of 942.30
feet to a point on a line. Thence, North 89' 26' 07" West for a distance of 155.67 feet to a point
on a line. Thence leaving said right of way, North 00' 59' 13" East for a distance of 218.02 feet
to the POINT OF BEGINNING; Containing 506,010 square feet/l 1.62 acres.
Parcel 2 — Pin #9799-78-1484
From an iron pipe found on the western right of way of Cooper Street; having coordinates of
Northing: 798,337.77' and Easting: 1,997,412.73'; said point being the POINT OF
BEGINNING; Thence leaving said right of way, North 89' 45' 24" West for a distance of 165.72
feet to an iron pipe found. Thence, North 89' 26' 15" West for a distance of 100.18 feet to a point
on a line. Thence, North 89' 17' 17" West for a distance of 99.98 feet to an iron rod found.
Thence, North 89' 10' 06" West for a distance of 75.40 feet to a point on a line. Thence, North
00' 42' 02" East for a distance of 223.02 feet to a point on the southern right of way of Old
Durham Road/S.R. 1838. Thence along said right of way, South 89' 44' 55" East for a distance
of 75.40 feet to a point on a line. Thence, South 89' 41' 48" East for a distance of 100.03 feet to a
point on a line. Thence, South 00' 42' 42" West for a distance of 6.21 feet to a point on a line.
Thence, South 89' 25' 3 3 " East for a distance of 99.72 feet to a point on a line.
thence South 89' 27' 24" East a distance of 81.51 feet to an iron rod found. Thence, South 76'
53' 38" East for a distance of 72.75 feet to a point on a line. Thence leaving said right of way and
heading along the western right of way of Cooper Street, South 03' 09' 10" East for a distance of
202.00 feet to the POINT OF BEGINNING; containing 95,076 square feet/2.18 acres.
Performance Auto/20078-16-068/160ct2020