24035_TA Sherrill Construction NBP for PC 20211025

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Property Owner: MCP Optimist Park, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: TA Sherrill Construction Brownfields Project Number: 24035-20-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by MCP Optimist Park, 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 consists of seven parcels (Parcel No. 083-046-012) consisting

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of approximately 2.909 acres of land located at 2000-2028 North Brevard Street and 504 East 24th Street, Charlotte, North Carolina. The Brownfields Property was developed with several residences from approximately 1938 until the late 1960s. By the early 1980s, the office/shop building had been constructed and two residences remained in the northern corner of the property. The site was occupied by T.A. Sherrill Construction Company prior to Piggyback Service
Company. Construction equipment was stored on the property and vehicle maintenance was conducted in an onsite maintenance garage. The remaining residences were demolished by the early 1990s and the southeastern portion of the site was historically wooded. The Prospective Developer intends to redevelop the Brownfields Property for no uses other than high density residential and parking. Soil, groundwater and surface water 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.

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The land use restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for high density residential and parking. 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. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. 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 Exhibit 2.
iii. contingency plans for addressing, including without limitation the testing of
soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and iv. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment;

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 VI: Work

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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. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) or surface water may
occur on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a above while fully protecting public health and the environment. Prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such
activities, and submittal of the analytical results to DEQ is required. If such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes.
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 12.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 to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.

f. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling of any area within the Brownfields

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Property on the plat component of the Notice of Brownfields Property described in the EMP referred to above in subparagraph 12.b pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways. 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 12.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 16 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 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 iii. Said VIMS outlined in subparagraph 12.h.ii has been 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. Surface water at the Brownfields Property may not be used for any purpose, other than
in connection with legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ. j. 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.
k. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and

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within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. l. 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. m. No occupancy or opening of the Brownfields Property for any on-site activities (other
than redevelopment activities) shall occur unless an access control barrier is designed and installed along the entire bank of Little Sugar Creek at the Brownfields Property to DEQ’s written satisfaction. The barrier shall be constructed of fencing and/or another material approved by DEQ in advance, and shall be permanently maintained and annually inspected.
n. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following: i. the name, mailing address, telephone and facsimile numbers, and contact person’s
e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year; ii. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 12.h above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how.
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 31.a. 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__. MCP Optimist Park, LLC
By: __________________________________________ Name typed or printed: Title typed or printed:
NORTH CAROLINA _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________
************************************ APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified. North Carolina Department of Environmental Quality

By: _________________________________________ ________________________ 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: MCP Optimist Park, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) TA Sherrill Construction OF 1997, NCGS § 130A-310.30, et seq. ) 2000-2028 North Brevard Street and 504 East 24th Street Brownfields Project No. 24035-20-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and MCP Optimist Park, 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 2000-2028 North Brevard Street and 504 East 24th
Street, Charlotte, NC (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 MCP Optimist Park, LLC, a limited liability company,
headquartered at 200 Providence Rd., Suite 250, Charlotte, NC 28207. Its manager is Donald
Santos, the manager or duly appointed official that will sign the documents, of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section 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 MCP Optimist Park, LLC for contaminants at the Brownfields Property.
The Parties agree that MCP Optimist Park, LLC’s entry into this Agreement, and the

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actions undertaken by MCP Optimist Park, LLC in accordance with the Agreement, do not
constitute an admission of any liability by MCP Optimist Park, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit MCP
Optimist Park, 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 MCP Optimist Park, 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
present data table(s) of the contaminants present at the Brownfields Property at concentrations
above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel IDs 2000-2028 North Brevard Street and 504 East 24th Street Charlotte, North Carolina, Parcel No. 083-046-12
Acreage 2.909
Current Property Owner CRB Piggyback LLC
Current Land Use(s) Industrial
Site Vicinity Land Use(s) Commercial, industrial and high density residential
Proposed Reuse(s) High density residential and parking
Public Benefits of Reuse Return to productive use, spur additional community
investment, residential housing, tax base improvement
Existing Land Use None

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Restrictions Prior to Brownfields Agreement

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations &
Contaminant Sources
The Brownfields Property was developed with several residences from approximately 1938 until the late 1960s. By the early 1980s, the office/shop building had been constructed
and two residences remained in the northern corner of the
Brownfields Property. The site was occupied by T.A. Sherrill Construction Company prior to Piggyback Service Company, a hauling company and the current owner of the site. Construction equipment was stored on the Brownfields
Property and vehicle maintenance was conducted in an onsite
maintenance garage. The remaining residences were demolished by the early 1990s and the southeastern portion of the site was historically wooded. The construction equipment storage yard was mostly developed by the early 2000s, and
appeared similar in aerial photos to current conditions.
Regulatory records indicate the T.A. Sherrill Construction Company formerly operated five USTs that were installed in 1976 and removed in 1992 (UST Incident No. 16865). The
tanks included two 500-gallon diesel USTs, two 1,000-gallon
gasoline USTs and one 2,000-gallon gasoline UST. All USTs were located in the northwestern portion of the site. During tank removal activities in 1992, soils impacted by gasoline and diesel were discovered at the site. Approximately 500
cubic yards of impacted soil were excavated and disposed at
an off-site facility. Based on the confirmation soil samples, a No Further Action Letter was issued by the NC Department of Environment, Health and Natural Resources on December 10, 1993.
Current Operations/Activities Trucking depot and maintenance facility operated by Piggyback Service Company.
Contaminated Media
Soil: Semi-volatile organic compounds (SVOCs) and metals have been detected above residential Preliminary Soil Remediation Goals (PSRGs)

Groundwater: Volatile organic compounds (VOCs) have been detected in groundwater above the 15A NCAC 2L Groundwater Quality Standards (2L Standard) and NC Groundwater to Indoor Air Vapor Intrusion Screening Levels

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ENVIRONMENTAL INFORMATION SUMMARY
(VISLs). Surface Water from Little Sugar Creek: cis-1,2-DCE, which does not have a surface water standard.
ID Numbers/Permits UST Incident no. 16685 Onsite Receptors Considered Residents, workers, construction workers, and trespassers
Potential Offsite Receptors
Considered
The NCBP Receptor Survey is on file.
Water supply wells: No water supply wells were located within 1,500 feet of the Brownfields Property.
Surface Water: Results from surface water sampling identified
cis-1,2-DCE within Little Sugar Creek.
Potential offsite migration pathways
VOCs were detected in groundwater and groundwater flow is estimated to be toward the south. North Brevard Street, East 23rd Street and a vehicle parking area are located adjacent to the Brownfields Property.

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
Supplemental Site Investigation Terracon Consultants,
Inc.
June 19, 2020
Limited Site Investigation Terracon Consultants,
Inc.
February 20, 2020
Phase I Environmental Site Assessment Terracon Consultants,
Inc.
January 22, 2020
Report of Surface Water Sampling Activities Terracon Consultants, Inc. February 17, 2021 (revised March 9,
2021)

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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 June 22, 2020 and an
amended Letter of Eligibility dated March 1, 2021, and contracting to purchase the Brownfields
Property on October 14, 2019.
6. 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

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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
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 jobs;
c. an increase in tax revenue for affected jurisdictions;
d. additional residential housing for the area;
e. “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

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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
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 than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.b. below.
VII. LAND USE RESTRICTIONS
12. 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

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with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
residential and parking. 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. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
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

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limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2.
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
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
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;

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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. Unless compliance with this Land Use Restriction is waived in writing by DEQ
in advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) or surface water may
occur on the Brownfields Property unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ
deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 12.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes.
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

11 T.A. Sherrill Construction Company/24035-20-060/20211022
will be suitable for the uses specified in subparagraph 12.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 to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.
f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property on the plat component of the Notice of Brownfields Property described in
the EMP referred to above in subparagraph 12.b pursuant to a plan approved in writing by DEQ
that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and
driveways.
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 12.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 16 below, may be occupied until DEQ determines in writing

12 T.A. Sherrill Construction Company/24035-20-060/20211022
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 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
iii. Said VIMS outlined in subparagraph 12.h.ii has been 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. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
j. 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

13 T.A. Sherrill Construction Company/24035-20-060/20211022
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.
k. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
l. 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.
m. No occupancy or opening of the Brownfields Property for any on-site activities
(other than redevelopment activities) shall occur unless an access control barrier is designed and
installed along the entire bank of Little Sugar Creek at the Brownfields Property to DEQ’s
written satisfaction. The barrier shall be constructed of fencing and/or another material approved
by DEQ in advance, and shall be permanently maintained and annually inspected.

14 T.A. Sherrill Construction Company/24035-20-060/20211022
n. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.h above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
13. 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.
14. 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

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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
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.j. 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.
16. 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 VI (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 in the Mecklenburg County,

16 T.A. Sherrill Construction Company/24035-20-060/20211022
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.
17. 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 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 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.
18. 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.

17 T.A. Sherrill Construction Company/24035-20-060/20211022
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 31.a. below
of any such required notification.
X. CERTIFICATION
20. 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 June 22, 2020 by which it applied for this
Agreement. That use is that which is provided above in subparagraph 12.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

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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
21. 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
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

19 T.A. Sherrill Construction Company/24035-20-060/20211022
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.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,

20 T.A. Sherrill Construction Company/24035-20-060/20211022
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.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 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
25. In consideration of DEQ’s Covenant Not To Sue in Section XI 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.
XIII. PARTIES BOUND
26. 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
27. 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).

21 T.A. Sherrill Construction Company/24035-20-060/20211022
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.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. 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

22 T.A. Sherrill Construction Company/24035-20-060/20211022
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
30. If the Prospective Developer fails to comply with the terms of this Agreement,
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
31. 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: Donald Santos (or successor in function) MCP Optimist Park, LLC
c/o Alliance Realty Partners, LLC
200 Providence Rd., Suite 250 Charlotte, North Carolina 28207

23 T.A. Sherrill Construction Company/24035-20-060/20211022

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
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in 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
33. 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
34. With regard to claims for contribution against Prospective Developer in relation to

24 T.A. Sherrill Construction Company/24035-20-060/20211022
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.
35. 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.
36. 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
37. 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.

25 T.A. Sherrill Construction Company/24035-20-060/20211022

IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Michael E. Scott Date
Director, Division of Waste Management IT IS SO AGREED: MCP Optimist Park, LLC, a Delaware limited liability company
By: ____________________________________________________________________________ Name: Date Title:

6XSSOHPHQWDOLimited Site Investigation
Villa Heights Site
2000 - 2028 North Brevard Street
Charlotte, Mecklenburg County, North Carolina
Copyright:© 2013 National Geographic Society, i-cubed
USGS TOPOGRAPHIC MAP
CHARLOTTE EAST, NORTH CAROLINA QUADRANGLE (1998)
0 2,000 4,000 6,000 8,000 10,0001,000 Feet
CONTOUR INTERVAL: 10FT
FIGURE
NO.
Filename:
Date:
PM:
Drawn By:
Checked By:
Approved By:
Project No.
Scale:
1
2701 Westport Road Charlotte, North Carolina 28208
Phone: [phone] Fax: [phone]
1:24,000
-XQH 2020
Topographic Map
Site
1 inch = 2,000 feet
³
71197854:2)
WOF
CLC
CLC
71197854_1.mxd
EXHIBIT 1
24035-20-060/TA Sherrill Construction/20211025

1
Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on January 29, 2021. 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)
Benzene TW-4 3/12/2020 340 1
Benzo(a)pyrene TW-2 3/12/2020 0.014 J 0.005
n-Butlybenzene TW-4 3/12/2020 74 70
Ethylbenzene TW-4 3/12/2020 3,300 600
Isopropylbenzene TW-4 3/12/2020 180 70
p-Isopropyltoluene TW-4 3/12/2020 7 25
Lead TW-2 3/12/2020 34 15
1-Methylnaphthalene TW-4 3/12/2020 46 1
2-Methylnaphthalene TW-4 3/12/2020 87 30
Naphthalene TW-4 3/12/2020 750 6
n-Propylbenzene TW-4 3/12/2020 410 70
Tetrachloroethylene TW-3 3/12/2020 7.2 0.7
1,2,4-
Trimethylbenzene
TW-4 3/12/2020 3,400 400
1,3,5-Trimethylbenzene TW-4 3/12/2020 870 400
m+p Xylene TW-4 3/12/2020 11,000 500

GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management June 2021 version):
24035-20-060/TA Sherrill Construction/20211025

2
Groundwater
Contaminant with Potential for Vapor Intrusion
Sample Location Date of Sampling
Concentration Exceeding Screening
Level (µg/L)
Residential VI Screening Level1
(µg/L)
Benzene TW-4 3/2/2020 340 16
n-Butlybenzene TW-4 3/2/2020 74 NS
Ethylbenzene TW-4 3/2/2020 3,300 35
Isopropylbenzene TW-4 3/2/2020 180 NS
p-Isopropyltoluene TW-4 3/2/2020 7 NS
1-Methylnaphthalene TW-4 3/2/2020 46 NS
2-Methylnaphthalene TW-4 3/2/2020 87 NS
Naphthalene TW-4 3/2/2020 750 35
1,2,4-
Trimethylbenzene
TW-4 3/2/2020 3,400 50
1,3,5-Trimethylbenzene TW-4 3/2/2020 870 35
m+p Xylene TW-4 3/2/2020 11,000 77
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NS – Screening or regulatory level not established.
SURFACE WATER
Surface water 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 2B (2B), Rule .0211, (June 2, 2019 version)
Groundwater Contaminant Sample Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Standard
(µg/L)1
Cis-1,2-dichloroethylene
SW-Upstairs 1/29/2021 1.8
NS SW-Downstairs 1/29/2021 1.7
1 NS = Screening or regulatory level not established 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 (June 2021 version):
24035-20-060/TA Sherrill Construction/20211025

3
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
Arsenic
SB-1 5-10 2/3/2020 1.0
0.68
SB-2 5-10 2/3/2020 2.0
SB-3 0-5 2/3/2020 2.4
SB-5 5-10 2/3/2020 2.0
SB-7 5-10 2/3/2020 4.0
SB-08 0-2 3/12/2020 5.2
SB-09 0-2 3/12/2020 2.7
SB-10 0-2 3/12/2020 3.7
SB-11 0-2 3/12/2020 1.8
SB-12 0-2 3/12/2020 1.7
SB-13 0-2 3/12/2020 1.8
SB-13 DUP 0-2 3/12/2020 1.9
SB-14 0-2 3/12/2020 1.6
SB-15 0-2 3/12/2020 1.1
SB-16 0-2 3/12/2020 1.7
SB-17 0-2 3/12/2020 0.91
SB-19 0-2 3/12/2020 0.84
SB-24 12-13 3/12/2020 1.3
Benzo(a)anthracene
SB-2 5-10 2/3/2020 1.2
1.1 SB-13
DUP 0-2 3/12/2020 2.2
Benzo(a)pyrene
SB-2 5-10 2/3/2020 1.1
0.11
SB-3 0-5 2/3/2020 0.34
SB-5 5-10 2/3/2020 0.33
SB-7 5-10 2/3/2020 0.26
SB-08 0-2 3/12/2020 0.23
SB-09 0-2 3/12/2020 0.40
SB-10 0-2 3/12/2020 0.21 J
24035-20-060/TA Sherrill Construction/20211025

4
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
SB-11 0-2 3/12/2020 0.43
SB-12 0-2 3/12/2020 0.15 J
SB-13 DUP 0-2 3/12/2020 1.8
SB-19 0-2 3/12/2020 0.33
Benzo(b)fluoranthene
SB-2 5-10 2/3/2020 1.3 1.1 SB-13
DUP 0-2 3/12/2020 2.4
Benzo(g,h,i)perylene SB-08 0-2 3/12/2020 0.18 J
NE
SB-09 0-2 3/12/2020 0.27
SB-11 0-2 3/12/2020 0.20 J
SB-13
DUP 0-2 3/12/2020 0.72
SB-19 0-2 3/12/2020 0.19 J
Carbazole SB-2 5-10 2/3/2020 0.20 J NE
Dibenz(a,h)anthracene
SB-2 5-10 2/3/2020 0.22
0.11 SB-13 DUP 0-2 3/12/2020 0.21 J
Hexavalent
Chromium SB-09 0-2 3/12/2020 0.37 J
0.31 SB-13 0-2 3/12/2020 0.85
SB-16 0-2 3/12/2020 1.2
p-Isopropyltoluene SB-7 5-10 2/3/2020 0.011 NE
Lead SB-7 5-10 2/3/2020 600 400
Phenanthrene
SB-2 5-10 2/3/2020 2.1
NE SB-5 5-10 2/3/2020 0.30
SB-7 5-10 2/3/2020 0.44
SB-08 0-2 3/12/2020 0.17 J
SB-09 0-2 3/12/2020 0.31
SB-10 0-2 3/12/2020 0.13 J
SB-11 0-2 3/12/2020 0.3
SB-12 0-2 3/12/2020 0.18 J
SB-13 DUP 0-2 3/12/2020 4.7
SB-14 0-2 3/12/2020 0.12 J
24035-20-060/TA Sherrill Construction/20211025

5
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
SB-19 0-2 3/12/2020 0.58
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.
NE – No established screening level
C A R O L I N A S U R V E Y O R S , I N C .
C A R O L I N A S U R V E Y O R S , I N C .
Exhibit C TA Sherrill Construction
24035-19-060 BEGINNING at a set rebar at the intersection of the southeasterly margin of the right-of-way of N Brevard St and the southwesterly margin of the right-of-way of E 24th St.; thence following the right-of-way of E 24th St. three (3) calls: (1) with a bearing of S 42°17'56" E and a distance of 180.00' to a set rebar; (2) with a bearing of S 42°17'56" E and a distance of 10.00' to a set rebar; (3) with a bearing of S 42°18'26" E and a distance of 246.30' (passing a set rebar at 196.44’) to a point in Sugar Creek; thence with a bearing of S 44°28'44" W and a distance of 200.29' to a point in Sugar Creek; thence with a
bearing of S 47°12'34" W and a distance of 5.03' to a point in Sugar Creek; being a common corner of the property of Sumter Packaging Corp (now or formerly) recorded in Deed Book 13331, Page 58; thence following the common line thereof with a bearing of N 42°18'26" W and a distance of 262.60' (passing an
existing rebar at 78.07’ and a set rebar at 257.60’) to a point, being a common corner of the property of Sumter Packaging Corp (now or formerly) recorded in Deed Book 16008, Page 560; thence following the common line thereof with a bearing of S 47°40'52" W and a distance of 195.00' to a point on the
northeasterly margin of the right of way of E 23rd St; thence following said margin with a bearing of N 42°17'56" W and a distance of 185.07' (passing an existing rebar at 5.07’) to a set rebar on the southeasterly margin of the right of way of N Brevard St; thence following said margin with a bearing of
N 47°42'04" E and a distance of 400.00' to a point; being the point of BEGINNING, having an area of 2.909 acres, more or less, as shown on a survey by Carolina Surveyors Inc.