24002 Sherwin William NBP for PC 20210806

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Property Owner: TGACSE Central Square LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Sherwin Williams Brownfields Project Number: 24002-20-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by
TGACSE Central Square 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 1314, 1318, 1322, 1324, 1326, 1330, 1332, 1334, 1336, 1400, and 1426 Central Avenue; 1101, 1111, 1113, 1117, and 1235/1237 Pecan Avenue,

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Charlotte, Mecklenburg County on approximately 11.8 acres. The Brownfields Property was formerly occupied by Cole Manufacturing, Central Sunoco/Providence Sunoco Service/Bost, Recycled Paints, Inc., and Sherwin Williams Store #2219. The most recent use of the Brownfields
Property was as a shopping center. The Prospective Developer intends to redevelop the
Brownfields Property for no uses other than high density residential, office, retail, restaurant, brewery or food production facility, parking, recreation, entertainment, hotel, open space, and with prior written DEQ approval, other commercial uses. Soil, groundwater and soil gas are contaminated at the Brownfields Property due to potential historical activities conducted thereon
and on adjacent properties.
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 13 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those

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used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property: a. No use may be made of the Brownfields Property other than for high density
residential, office, retail, restaurant, brewery or food production facility, parking, recreation, entertainment, hotel, open space, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in writing by DEQ in advance. ii. “Office” defined as the provision of business or professional services. iii. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and/or beverage products. iv. “Restaurant” defined as a commercial business establishment that prepares and serves food and beverages to patrons. v. “Entertainment” defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service. vi. “Hotel” defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services.
vii. “Brewery or Food Production Facility” defined as an establishment for
the manufacture, sale and/or distribution of beverages or food products, including without limitation beer and ale, together with associated public roadways and related infrastructure. viii. “Recreation” defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. ix. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
x. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. xi. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.

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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. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3 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 and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment. c. No later than January 31 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
VI: 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 along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public health and the environment. Should groundwater be

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encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 13.b., or a plan approved in writing in advance by 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 13.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”; ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and iv. in connection with work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined above in subparagraph 13.b.

f. No use of the Brownfields Property where physical redevelopment has taken place pursuant to a DEQ-approved EMP as outlined above in subparagraph 13.b. may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not
covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways,
or two feet of documented clean fill material. 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 above in subparagraph 13.b.
h. 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 17 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute

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(ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that said design shall fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a
performance monitoring plan detailing methodologies and schedule, both of which are subject to
prior written DEQ approval; and 2. installed and an installation report is submitted for written DEQ approval that includes details on any deviations from the system design, as-built diagrams, photographs, and a description of the installation with said engineer’s professional seal
confirming that the system was installed per the DEQ-approved design and will be protective of
public health. i. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:

i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; ii. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators;
iii. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the original packaging or containers; and iv. as constituents of products customarily used and stored in high-density residential, office, retail, restaurant, entertainment, hotel, brewery or food production facility,
recreation, open space, parking, and commercial environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with applicable laws.

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l. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XVII (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 or 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 XVII (Notices 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 XVII.

m. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time the grantor owned the Brownfields Property during the calendar year of the transfer. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year; ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 13.h. 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 32 of Exhibit A hereto, at the address stated therein.

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ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 202__.
TGACSE Central Square LLC By: TGACSE Central Square Holdings LLC, its Manager By: C4 Central Square, LLC, its Manager

By: __________________________________________ Name typed or printed: Timothy B. Sittema Title typed or printed: Manager

NORTH CAROLINA _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________. Date: ___________________ ___________________________________ Official Signature of Notary

___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________
************************************ APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified. North Carolina Department of Environmental Quality
By: _________________________________________ ________________________
Michael E. Scott Date Director, Division of Waste Management

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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: TGACSE Central Square LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Sherwin Williams OF 1997, NCGS § 130A-310.30, et seq. ) 1314, 1318, 1322, 1324, 1326, 1330, 1332, 1334, 1336, 1400, and 1426 Central Avenue; 1101, 1111, 1113,
1117, and 1235/1237 Pecan Avenue Brownfields Project No. 24002-20-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and TGACSE Central Square 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 1314, 1318, 1322, 1324, 1326, 1330, 1332, 1334,
1336, 1400, and 1426 Central Avenue; 1101, 1111, 1113, 1117, and 1235/1237 Pecan Avenue,
Charlotte, Mecklenburg County (the “Brownfields Property”). A map showing the location of the
Brownfields Property that is the subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is TGACSE Central Square LLC, a limited liability company
headquartered at 121 W. Trade Street, Suite 2500, Charlotte, NC 28202. Its manager is
TGACSE Central Square Holdings LLC, which is managed by C4 Central Square, LLC, a North
Carolina limited liability company.
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 X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of TGACSE Central Square LLC for contaminants at the Brownfields
Property.
The Parties agree that TGACSE Central Square LLC’s entry into this Agreement, and the
actions undertaken by TGACSE Central Square LLC in accordance with the Agreement, do not
constitute an admission of any liability by TGACSE Central Square LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
TGACSE Central Square 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 TGACSE Central Square LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to Exhibit 2 to this Agreement that
presents data table(s) of the contaminants present at the Brownfields Property at concentrations
above their applicable standards or screening levels for each media sampled.

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel IDs
1314, 1318, 1322, 1324, 1326, 1330, 1332, 1334, 1336, 1400 and 1426 Central Avenue; 1101, 1111, 1113, and 1117 Pecan Avenue (Parcel 08117722); 1235/1237 Pecan Ave. (Parcel No. 08117724) Acreage 11.8154
Current Property Owner TGACSE Central Square LLC
Current Land Use(s) Commercial, office and retail
Site Vicinity Land Use(s) Commercial, industrial and residential
Proposed Reuse(s)
High density residential, office, retail, restaurant, brewery or food production facility, parking, recreation, entertainment, hotel, open space, and with prior written DEQ approval, other commercial uses
Public Benefits of Reuse Job creation, increase in property productivity, tax base increase, smart growth
Existing Land Use Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
• The Brownfields Property was developed with the
Cole Manufacturing Co. facility and a residence from at least 1929 through approximately 1979. Cole Manufacturing Co. reportedly operated as a manufacturer of agricultural implements, and the
facility expanded around 1965.
• A gasoline service station was located at the southeast portion of the Brownfields Property (1111 Pecan Ave.) from approximately 1944 through 1963. There
are no records available regarding the former
underground storage tanks (USTs) associated with the filling station. The property was later occupied by Meineke Car Care until early February 2021.
• A gasoline service station (Central Sunoco/Providence
Sunoco Service/ Bost) was located at the northeast portion of the Brownfields Property (1237 Pecan Ave. and current CVS location) from approximately 1949 through the early 1990s. The facility reported a release
in June 1990 following the removal of seven USTs
(Incident Number 8617 and UST Number MO-3427). The North Carolina Department of Environment and

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ENVIRONMENTAL INFORMATION SUMMARY
Natural Resources (NCDENR) UST Section issued a no further action determination for the UST incident in May 1999.
• Since 1993, the Brownfields Property has been
occupied by multiple commercial and retail occupants,
including a Sherwin Williams Store #2219 (1426 Central Ave. and potentially 1117 Pecan Ave.), Recycled Paints, Inc. (1318-D Central Ave.), A&P Food Stores (1426 Central Ave.), Meineke (1111
Pecan Ave.) and a CVS Pharmacy (1237 Pecan Ave.).
Other occupants have included restaurants, shops, offices, and retail businesses. Multiple onsite structures were demolished around 1993, and the current onsite structures appear to have been
constructed around the same timeframe.
• The Sherwin Williams Store #2219 (1426 Central Ave.) operated from approximately the early 1970s until 2005 and reported a release in February 1999
following the removal of one 550-gallon varsol UST
(Incident Number 19958 and UST Number MO-5660). The UST was reportedly installed in the 1970s and utilized by the former Sherwin Williams store. Following sampling activities, the Sherwin Williams
Store received a Notice of No Further Action in a
letter dated September 1999. The former Sherwin Williams operated as a small quantity hazardous waste generator in 1999. A Phase II Environmental Site Assessment was reported to have been conducted in
1999 that also included the Sherwin Williams Store
location. It was reported that tetrachloroethylene was detected in one soil and one groundwater sample at the property; however, a figure was not available showing the former sample locations or associated
concentrations.
• The former Recycled Paints, Inc. (1318-D Central Avenue) operated as a Conditionally Exempt Small Quantity Generator in 1991 with no reported
violations.
Current Operations/Activities The Brownfields Property is a commercial shopping center occupied by multiple commercial businesses.
Contaminated Media Soil: Total petroleum hydrocarbons (TPH) diesel and gasoline

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ENVIRONMENTAL INFORMATION SUMMARY
range organics were detected. Arsenic and hexavalent chromium were detected above NC Inactive Hazardous Sites Branch Residential Preliminary Soil Remediation Goals (PSRG), but within expected background concentrations. Naphthalene was detected above Residential PSRGs in one
soil sample. Groundwater: Bromodichloromethane, dibromochloromethane, and chromium exceeded NCAC 2L Groundwater Quality Standards.
Soil Gas: No VOCs exceeded NC Residential Vapor Intrusion Screening Levels (VISLs); however, several VOCs were detected at low concentrations that have no established screening level.
Surface Water/Sediment: Surface water is not present.
ID Numbers/Permits UST Incident #8617 (MO-3427)
UST Incident #19958 (MO-5660)
Onsite Receptors Considered Workers, construction workers, residents, visitors
Potential Offsite Receptors Considered Water supply wells: No water supply wells are present within 1,500 feet.
Potential offsite migration pathways Groundwater: The estimated groundwater flow direction is towards the south and west.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title Prepared by Date of Report
Verification Soil Gas Sampling Report, Former Sherwin Williams Brownfields
Property
ECS Southeast, LLP December 17, 2020
Brownfields Assessment Report & Receptor
Survey, Former Sherwin Williams
ECS Southeast, LLP September 29, 2020

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Title Prepared by Date of Report
Brownfields Property
Report of Limited Environmental Assessment,
Pecan & Central Ave. Property
ECS Southeast, LLP February 19, 2020
Phase I Environmental Site Assessment,
Central Avenue Property
ECS Southeast, LLP January 27, 2020
EDR Radius Map Summary and Limited Historical Search, Central Avenue Property ECS Southeast, LLP January 3, 2020
Site Operations and Environmental Compliance Plan, Meineke Car Care Center ECS Southeast, LLP March 30, 2020
Site Operations and Environmental Compliance Plan – Post Operation – Final
Report, Meineke Car Care Center
ECS Southeast, LLP April 16, 2021
b. Other available reports
Title Prepared by Date of Report
Analyses of Soil Samples for Total Petroleum Hydrocarbons Petroleum Environmental Consultants, Inc.
January 29, 1990

IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated January 10, 2020, preparing
and submitting to DEQ an amendment to the BPA dated January 22, 2020, purchasing the
Brownfields Property on March 5, 2020, continuing to lease portions of the Brownfields
Property to tenants, and commencing or preparing to commence redevelopment activities
pursuant to a DEQ-approved Environmental Management Plan.
6. Prospective Developer has provided DEQ with information, or sworn certifications

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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
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a

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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.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. the creation of construction and full-time jobs;
c. an increase in tax revenue for affected jurisdictions;
d. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).

VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make

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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.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI 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 remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 13.b. below.
12. Based on the type and concentrations of impacts to soil, groundwater, and soil gas
detected during assessment activities as outlined in paragraphs 3 and 4 above, vapor intrusion
exposure routes do not appear to present a risk to site occupants as of the date of this Agreement.
Therefore, the condition of subparagraph 13.h.i. below has been met for the existing site
buildings and the redevelopment proposed in the DEQ-approved Environmental Management
Plan dated January 20, 2021 (revised February 5, 2021).
VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
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

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while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
residential, office, retail, restaurant, brewery or food production facility, parking, recreation,
entertainment, hotel, open space, and with prior written DEQ approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. “High Density Residential” is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
ii. “Office” defined as the provision of business or professional services.
iii. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and/or beverage products.
iv. “Restaurant” defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
v. “Entertainment” defined as private, public, and community activities

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(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
vi. “Hotel” defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-
site hospitality, management and reception services.
vii. “Brewery or Food Production Facility” defined as an establishment for
the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
viii. “Recreation” defined as indoor and outdoor exercise-related,
physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas.
ix. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
x. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
xi. “Commercial” 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

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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. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 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 and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
c. No later than January 31 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

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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
VI: 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 along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 13.b., or a plan approved in
writing in advance by DEQ.
e. No activity that disturbs soil on the Brownfields Property may occur unless and

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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 13.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined above in subparagraph 13.b.
f. No use of the Brownfields Property where physical redevelopment has taken
place pursuant to a DEQ-approved EMP as outlined above in subparagraph 13.b. may occur until
the then owner of the Brownfields Property conducts representative final grade soil sampling,
pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not
covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways,
or two feet of documented clean fill material.
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 above in subparagraph 13.b.

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h. 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 17 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade building features in
accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute
(ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and
that said design shall fully protect public health to the satisfaction of a professional engineer
licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a
performance monitoring plan detailing methodologies and schedule, both of which are subject to
prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes details on any deviations from the system design, as-built diagrams,
photographs, and a description of the installation with said engineer’s professional seal
confirming that the system was installed per the DEQ-approved design and will be protective of
public health.

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i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators;
iii. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged) and later

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removed from the Brownfields Property in the original packaging or containers; and
iv. as constituents of products customarily used and stored in high-density
residential, office, retail, restaurant, entertainment, hotel, brewery or food production facility,
recreation, open space, parking, and commercial environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws.
l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XVII (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 or 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 XVII (Notices
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 XVII.
m. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of

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January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. If the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time the grantor
owned the Brownfields Property during the calendar year of the transfer. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 13.h. 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.

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14. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
15. 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.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and

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any other applicable statute or regulation, including any amendments thereto.
17. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) 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 in the Mecklenburg County,
North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XVII (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 or rider is identical in form, Prospective

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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 XVII (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 XVII.
19. 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.
IX. DUE CARE/COOPERATION
20. 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 while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 32.a. below of any such required notification.

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X. CERTIFICATION
21. 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 January 10, 2020 and the Brownfields Property
Application Amendment dated January 22, 2020, by which it applied for this Agreement. That
use is that which is provided above in subparagraph 13.a. of this Agreement. Prospective
Developer also certifies that to the best of its knowledge and belief it has fully and accurately
disclosed to DEQ all information known to Prospective Developer and all information in the
possession or control of its officers, directors, employees, contractors and agents which relates in
any way to any past use of regulated substances or known contaminants at the Brownfields
Property and to its qualification for this Agreement, including the requirement that it not have
caused or contributed to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. 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

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necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to

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contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 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.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement

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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.
XIII. PARTIES BOUND
27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
28. 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.
29. Except for the land use restrictions set forth in paragraph 13.a., above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon

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Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
30. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement,

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including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function) N.C. Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer: Timothy B. Sittema (or successor in function) TGACSE Central Square LLC
121 W. Trade Street, Suite 2500 Charlotte, North Carolina, 28202 Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
33. 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

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Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 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 to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. 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.
36. 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.

00768-154/00292905-7 29 Sherwin Williams/23002-20-060/20210730
37. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED: TGACSE Central Square LLC By: TGACSE Central Square Holdings LLC, its Manager
By: C4 Central Square, LLC, its Manager

00768-154/00292905-7 30 Sherwin Williams/23002-20-060/20210730
By:
____________________________________________________________________________ Name: Timothy B. Sittema Date Title: Manager
SOURCE:
USGS TOPOGRAPHIC MAP
CAHRLOTTE EAST
7.5 MINUTE QUADRANGLE
DATED 2019
SITE
EXHIBIT 1
SITE TOPOGRAPHIC LOCATION MAP
Former Sherwin Williams Brownfields Site
Central Avenue at Pecan Avenue
Charlotte, Mecklenburg, North Carolina
ECS PROJECT NO. 49-10756-H
Brownfields Project No.: 24002-20-060
00768-154/00292906-4 24002-20-060/Sherwin Williams (20210525)

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on November 6, 2020. The following table sets forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. GROUNDWATER

Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Bromodichloromethane TW-2 2/11/2020 1.9 0.6
Chromium TW-2 2/11/2020 94 10 TW-3 2/11/2020 128
Dibromochloromethane TW-2 2/11/2020 1.3 0.4

SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Residential Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (January 2021 Version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
Arsenic

SB-1 0-5 2/7/2020 0.89 J 0.68

SB-2 0-5 2/7/2020 2.6
SB-3 0-2 2/7/2020 3.3
SB-4 10-15 2/7/2020 2.4
00768-154/00292906-4 24002-20-060/Sherwin Williams (20210525)

2
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
SS-12 0-10 8/4/2020 2.8
SS-2 0-10 8/4/2020 2.9
SS-3 0-10 8/5/2020 5.9
SS-4 0-10 8/6/2020 5.6
SS-5 0-10 8/6/2020 3.6
SS-6 0-10 8/6/2020 2.4
SS-7 0-10 8/6/2020 1.9
SS-8 0-10 8/6/2020 4.7
SS-DUP
(SS-1)
0-10 8/6/2020 3.1
Hexavalent
Chromium
SB-2 0-5 2/7/2020 0.404 J 0.31
SS-1 0-10 8/4/2020 0.446 J
SS-2 0-10 8/4/2020 0.349 J
Naphthalene SS-5E3 5-10 8/6/2020 5.1 2.1
Phenanthrene SS-7 0-10 8/6/2020 0.16 J NS
p-Isopropyltoluene
SB-3 0-2 2/7/2020 6.4
NS
SS-4 0-10 8/6/2020 0.0055
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2SS-1 through SS-8 are composite soil samples. Each composite soil sample and the individual aliquots that make up the composite sample are depicted on the Brownfields plat (for example, composite sample SS-1 is made up of aliquots A-1, A-2, A-3, A-4 and A-5). Individual aliquot locations correspond with the sampling points depicted in Figure 4: Soil Sample Location Map of the September 29, 2020
Brownfields Assessment Report and Receptor Survey prepared by ECS Southeast, LLP. 3Individual aliquot sample SS-5E is the same as the sample labeled “E-5” on Figure 4: Soil Sample
Location Map of the September 29, 2020 Brownfields Assessment Report and Receptor Survey prepared by ECS Southeast, LLP. NS – No established screening level
SOIL GAS

00768-154/00292906-4 24002-20-060/Sherwin Williams (20210525)

3
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (January 2021 Version):

Soil Gas Contaminant
Sample Location Date of Sampling
Concentration Exceeding
Screening
Level (µg/m3)
Residential Screening
Limit1
(µg/m3)
1,3-Dichlorobenzene
SG-2 8/06/2020 6.7
NS
SG-3 8/06/2020 9.4
SG-4 8/06/2020 11
SG-5 8/06/2020 17
SG-6 8/06/2020 11
SG-7 8/06/2020 15
SG-8 8/06/2020 15
SG-9 8/06/2020 12
cis-1,2-Dichloroethene SG-10 11/06/2020 0.9 J NS
Ethanol
SG-1 8/06/2020 120
NS
SG-1A 11/06/2020 12
SG-2 8/06/2020 310
SG-3 8/06/2020 61
SG-3A 11/06/2020 14
SG-4 8/06/2020 120
SG-4A 11/06/2020 12
SG-5 8/06/2020 200
SG-5A 11/06/2020 64
SG-6 8/06/2020 71
SG-7 8/06/2020 89
SG-8 8/06/2020 47
SG-9 8/06/2020 40
SG-10 11/06/2020 13
SG-Dup
(SG-1)
8/06/2020 53
SG-Dup (SG-1A) 11/06/2020 9.8
4-ethyltoluene
SG-1A 11/06/2020 1.3 J
SG-3A 11/06/2020 1.1 J
SG-4A 11/06/2020 0.8 J
SG-5A 11/06/2020 1.4 J
SG-10 11/06/2020 1.4 J
00768-154/00292906-4 24002-20-060/Sherwin Williams (20210525)

4
SG-Dup
(SG-1A)
11/06/2020 1.7 J
Trichlorofluoromethane
SG-1 8/06/2020 2.4 J
SG-1A 11/06/2020 1.4 J
SG-2 8/06/2020 1.6 J
SG-3 8/06/2020 1.7 J
SG-3A 11/06/2020 1.6 J
SG-4 8/06/2020 2.1 J
SG-4A 11/06/2020 1.3 J
SG-5 8/06/2020 1.6 J
SG-5A 11/06/2020 1.4 J
SG-6 8/06/2020 1.2 J
SG-7 8/06/2020 2.1 J
SG-9 8/06/2020 1.3 J
SG-10 11/06/2020 1.0 J
SG-Dup
(SG-1)
8/06/2020 1.6 J
SG-Dup SG-1A 11/06/2020 1.4 J
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.

00768-154/00248622-1
Exhibit C - Legal Description Former Sherwin Williams Brownfields Property
NCBP # 24002-20-060 That certain parcel or tract of land situated, lying and being in the City of Charlotte, County of Mecklenburg, State of North Carolina and being more particularly described as follows:
Commencing at an existing NGS monument “McDowell” having NC Grid NAD 83 coordinates of N:541,237.39, E:1,452,816.02, thence South 78°12'10" East a horizontal ground distance of 4809.31 feet to a new nail, situated at the intersection of the southerly margin of Central Avenue (a 60’ public right-of-way) as shown on Map Book 25, Page 270 and Map Book 31, Page 415,
all Deed and Map Books recorded in the Mecklenburg County Public Register of Deeds and with the centerline of an existing railroad track and lying on the centerline of a 200’ CSX Railroad right-of-way and being the Point of Beginning; thence along the aforesaid southerly margin of Central Avenue for the following four (4) courses and distances; 1) South 75°49'52" East a distance of 737.85 feet to an new nail; 2) with a curve along the arc of a curve to the left said
curve having an arc length of 69.88 feet a radius of 436.07 feet (chord bearing of South 80°25'20" East and chord distance of 69.81 feet) to a new nail; 3) South 85°00'22" East a distance of 71.42 feet to a new nail; 4) with a curve along the arc of a curve to the right said curve having an arc length of 37.11 feet a radius of 20.00 feet (chord bearing of South 31°50'42" East and chord distance of 32.01 feet) to an existing nail, situated on the westerly margin of
Pecan Avenue (a 50’ public right-of-way) as shown on Map Book 230, Page 248; thence along the aforesaid westerly margin of Pecan Avenue for the following three (3) courses and distances; 1) South 21°18'58" West a distance of 163.39 feet to an existing nail; 2) South 21°19'48" West a distance of 472.52 feet to an existing 1/4" iron rod; 3) South 20°43'56" West a distance of 107.16 feet to an existing 1/4" iron rod, situated on the northerly margin of US Highway 74 (East
Independence Boulevard) (a variable width public right-of-way) as shown on plans by NCDOT, project number 8.T671005; thence along the aforesaid northerly margin for the following five (5) courses and distances; 1) South 87°14'58" West a distance of 92.17 feet to a new 1/2" iron rod; 2) South 89°05'37" West a distance of 165.08 feet to a new 1/2" iron rod; 3) South 77°36'35"
West a distance of 45.41 feet to an existing 1/2" iron rod; 4) North 10°53'22" West a distance of
48.51 feet to a new 1/2" iron rod; 5) South 79°43'53" West a distance of 99.98 feet to a new 1/2" iron rod, situated at the aforesaid centerline of an existing railroad track and lying on the centerline of a 200’ CSX Railroad right-of-way; thence along the aforesaid centerline of a railroad track for the following nine (9) courses and distances; 1) North 10°52'27" West a
distance of 105.95 feet to an existing 5/8" iron rod; 2) North 10°43'38" West a distance of 216.71
feet to a new nail; 3) North 10°54'28" West a distance of 55.20 feet to a new nail; 4) North 11°02'37" West a distance of 100.00 feet to a 1/2” existing iron rod; 5) North 10°47'20" West a distance of 100.00 feet to a new nail; 6) North 11°58'59" West a distance of 100.00 feet to an existing nail; 7) North 13°40'21" West a distance of 99.95 feet to an existing nail; 8) North
15°31'04" West a distance of 100.03 feet to an existing 1/2" iron rod; 9) North 17°07'02" West a
distance of 48.46 feet to the Point of Beginning; Containing 514,678 square feet or 11.8154 acres, as shown on a survey prepared by R. B. Pharr & Associates, P.A. dated September 03, 2020 (Project No. 91913).