22047_University Place Mall_PC Pkg_20221012

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: University Place Mall
Brownfields Project Number: 22047-18-068
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than October 24, 2022, and will end no sooner than the
later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest
of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
University Place Mall/22047-18-068/120ct2022

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: University Place Mall
Brownfields Project Number: 22047-18-068
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina
General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34,
RRPV University Chapel Hill LP, as Prospective Developer, has filed with the North Carolina Department of
Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Property") located at 201,
205, 215, 217, 219, 221, 223, 225, 227, 229, 231, 233, 235, 237, 239, and 241 S. Estes Drive and 900 Willow Drive,
Chapel Hill, Orange County. The Brownfields Property, which is the former site of a retail shopping center and dry
cleaners and existing automotive repair shop and gasoline station, consists of 39.45 acres. Environmental contamination
exists on the Brownfields Property in groundwater, soil, sub -slab vapor, and exterior soil gas. RRPV University Chapel
Hill LP has committed itself to redevelop the Brownfields Property for no uses other than for retail, grocery, restaurant,
office, recreational, open space, associated parking, hotel, and with prior written DEQ approval, multi -family residential
and other commercial uses. The existing automotive repair currently operating as Chapel Hill Tire in the Chapel Hill
Tire Area and the existing gasoline service station currently operating as Kangaroo Express in the Gasoline Station
Area may continue their respective operations in accordance with the proposed Brownfields Agreement. The Notice
of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
RRPV University Chapel Hill LP, which in turn includes (a) a map showing the location of the Property, (b) a
description of the contaminants involved and their concentrations in the media of the Property, (c) the above -stated
description of the intended future use of the Brownfields Property, and (d) proposed investigation and remediation; and
(2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Chapel Hill Public
Library at 100 Library Drive, Chapel Hill, NC 27514, by contacting Laura Brown at lbrown&townofchapelhill.org, or
at [phone]; or at the offices of the N.C. Brownfields Program, 217 West Jones Street, Raleigh, NC or by
contacting Shirley Liggins at that address, at shirley.liggins(kncderingov, or at [phone]. The full Notice of
Intent to Redevelop a Brownfields Property may also be reviewed online at the DEQ public record database, Laserfiche,
by entering the project number 22047-18-068 into the search bar at the following web address:
https://edocs.deq.nc.gov/WasteManagemcnt/Wcicome.aspx?dbid=0&repo=WasteMana eg ment
The "Act" requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a
newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields
Property. Written public comments may be submitted to DEQ within 30 days after the public comment period begins.
Written requests for a public meeting may be submitted to DEQ within 21 days after the public comment period begins.
These periods will start no sooner than October 24, 2022, and will end no sooner than the later of. 1) 30 and 21 days,
respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced
tasks, if such completion occurs later than the date stated herein. All public comments and public meeting requests
should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
University Place Mall/22047-18-068/120ct2022

Property Owner: RRPV University Chapel Hill LP
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: University Place Mall
Brownfields Project Number: 22047-18-068
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by
RRPV University Chapel Hill LP ("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 on 39.45 acres at 201, 205, 215, 217, 219, 221, 223,
225, 227, 229, 231, 233, 235, 237, 239, and 241 S. Estes Drive and 900 Willow Drive in Chapel
Hill, Orange County. The site was formerly a retail shopping center, dry cleaners, automotive
repair shop, and gasoline station. The Prospective Developer has committed to redevelop the
Brownfields Property with retail, grocery, restaurant, office, recreational, open space, associated
University Place Mall/22047-18-068/12002022

parking, hotel, and with prior written DEQ approval, multi -family residential and other
commercial uses. The existing automotive repair currently operating as Chapel Hill Tire in the
Chapel Hill Tire Area and the existing gasoline service station currently operating as Kangaroo
Express in the Gasoline Station Area may continue their respective operations in accordance with
the Brownfields Agreement.
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 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. Additionally, all land use restrictions contained in the
deed notification entitled Notice of Residual Petroleum, Circle KStore #2723102 (UST incident
#46404) recorded by RRPV University Chapel Hill LP, RRPV University Chapel Hill GP
LLC, its General Partner, and Ram Realty Associates V LLC, its Manager, on the deed to
the Brownfields Property on July 8, 2019 in Book 6618, Pages 826-829 and in the deed
notification entitled Notice of Residual Petroleum, Chapel Hill Tire Release #2 recorded by
RRPV University Chapel Hill LP, RRPV University Chapel Hill GP LLC, its General
Partner, and Ram Realty Associates V LLC, its Manager, on the deed to the Brownfields
University Place Mall/22047-18-068/120ct2022
2

Property on January 23, 2020 in Book 6643, Pages 587-592 at the Orange County Register
of Deeds office, remain in force. The following land use restrictions are hereby imposed on
the Brownfields Property:
a. Land Uses
No use may be made of the Brownfields Property other than for retail, grocery,
restaurant, office, recreational, open space, associated parking, hotel, and with prior written DEQ
approval, multi -family residential and other commercial uses. The existing automotive repair
currently operating as Chapel Hill Tire in the Chapel Hill Tire Area and the existing gasoline
service station currently operating as Kangaroo Express in the Gasoline Station Area, as
delineated on the plat component of the Notice of Brownfields Property described in paragraph
16, may continue their respective operations, in accordance with this Agreement, even in the
event of an assignment to a new entity or a name change, so long as the operators do not use
Chlorinated Solvent Compounds, as defined in subparagraph 12.m.i., and comply with any other
applicable Land Use Restrictions contained herein. For purposes of this restriction, the following
definitions apply:
i. "Retail" is defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, farmer's
markets, food festivals, and the sales of food and beverage products, including from mobile
establishments such as food trucks.
ii. "Grocery" is defined as a retail store that offers non-perishable food packaged
in bottles, boxes, and cans, perishable food such as baked goods, meats, deli products, and fresh
produce, and which may sell non-food items, such as clothing and household items and provide
pharmacy, financial, or other services.
iii. "Restaurant" is defined as a commercial business establishment that prepares
and serves food and beverages, including alcoholic beverages under all applicable local, state,
and federal regulations, to patrons.
iv. "Office" is defined as a place where the business or professional services are
provided.
v. "Recreation" is 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 or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas that are constructed
and operated in compliance with applicable regulatory code, permits, and law.
vi. "Open space" is defined as land maintained in a natural or landscaped state
and used for uses such as natural resource protection, riparian buffers, greenways, or detention
facilities for stormwater.
vii. "Parking" is defined as the temporary accommodation of motor vehicles in an
area designed for same.
viii. "Hotel" is 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.
University Place Mall/22047-18-068/120ct2022
3

ix. "Automotive repair and gasoline service station" are defined as maintenance of
vehicles and the retail sales of motor fuels for vehicles subject to all applicable regulations and
the terms of subparagraph 12.m.i. below.
x. "Multi -family residential" is defined as multi -unit human dwellings, such as
condominia or apartments that are contained in one building or a group of buildings within one
complex and that can be constructed side by side or stacked vertically. Single family homes are
prohibited, townhomes, duplexes, or other units with private ownership of yards are prohibited.
xi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee. For the purposes of this Agreement, this excludes use of any
operation that uses chlorinated solvents.
b. Specific Prohibitions
i. The Brownfields Property may not be used for dry cleaning operations nor
automotive operations that use chlorinated solvents or their degradation products. Without
limiting this general requirement, and subject to future compliance with land use restrictions, the
existing Chapel Hill Tire automotive repair facility and gasoline station may continue their
respective operations at the Brownfields Property only within the Chapel Hill Tire Area and
Gasoline Station Area, respectively, even in the event of an assignment to a new entity or a name
change, subject to the terms of subparagraph 12.m.i. below, and comply with any other
applicable Land Use Restrictions contained herein, and so long as the operators do not use or
store chlorinated solvents or their degradation products at the Brownfields Property.
ii. No residential use of the Brownfields Property shall occur until the then owner
of the Brownfields Property conducts representative assessment to fill any DEQ-identified data
gaps to the written satisfaction of DEQ in other areas of the Brownfields Property, pursuant to a
plan(s) approved in writing by DEQ. If DEQ believes the results of said assessment indicates site
contaminants are present such that the resulting environmental risk such contamination poses is
unacceptable, the then owner of the Brownfields Property shall then mitigate such risk pursuant
to a plan approved in writing by DEQ and to DEQ's satisfaction.
C. Environmental Management Plan
i. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
1. demolition of existing buildings, if applicable;
2. issues related to known or potential sources of contamination,
including without limitation those resulting from contamination identified in paragraph 3 above;
3. 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
University Place Mall/22047-18-068/12Oct2022
4

4. 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.
d. Redevelopment Summary Report
i. 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:
1. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
2. soil grading and cut and fill actions;
3. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
4. 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
5. 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).
Demolition Activities
i. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
f. Remediation Issues/Other Program Involvement
i. If any remedial obligations under DEQ's oversight are discontinued prior to
completion to the satisfaction of DEQ, DEQ may require the then owner of the Brownfields
Property to assess the risk remaining to public health and the environment at or from the
Brownfields Property. DEQ may also impose upon the then owner of the Brownfields Property
additional land use restrictions or require the Brownfields Property owner to conduct additional
actions as necessary to prevent or mitigate unacceptable risks imposed by said discontinued
remedial obligations in order to achieve the goals of this brownfields agreement as set forth in
NCGS § 130A-310.32(2) to the written satisfaction of DEQ;
ii. Not later than completion of redevelopment, any known USTs, identified above
in paragraph 3, except those that are lawfully being used within the Gasoline Station Area, or
those that are lawfully used to contain potable or reclaimed water, shall be removed and
University Place Mall/22047-18-068/120ct2022
5

addressed to the satisfaction of DEQ.
g. Groundwater
i. 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 12.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 12.c., or a plan approved in
writing in advance by DEQ.
h. Soil
i. 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:
inches;
1. in connection with landscape planting to depths not exceeding 24
2. mowing and pruning of above -ground vegetation;
3. 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
4. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined in subparagraph 12.c.
ii. No residential use of the Brownfields Property 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 area within the Brownfields Property, as said area is
depicted on the plat component of the Notice of Brownfields Property described in paragraph 16
below, that is not covered by building foundations, sidewalks, or asphaltic or concrete parking
areas and driveways. The provisions of this subparagraph shall not be applicable in areas of the
Brownfields Property that have not been, or will not be, disturbed or altered during
redevelopment activities.
iii. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.c.
i. Vapor Intrusion
i. No enclosed building may be constructed on the Brownfields Property and
occupied until DEQ determines in writing that:
1. 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
University Place Mall/22047-18-068/12Oct2022
C

2. a vapor intrusion mitigation system (VIMS) has been:
i. 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;
ii. 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; and
iii. Should the DSCA program install or modify a system at that
site, and that system subsequently be determined to meet the performance requirements of this
subparagraph to the written satisfaction of DEQ, then those measures may be considered as
sufficient to meet the requirements of this subparagraph. Both parties hereby acknowledge that
the DSCA Program is not a party to this Agreement; while compliance with the provisions of this
land use restriction may be met by the measures that the DSCA Program may install or modify,
the DSCA Program is not installing or modifying those measures pursuant to this Agreement nor
is it subject to the authority of the Brownfields Program; and that the DSCA Program may install
or modify measures on the Brownfields Property under the authority and subject to the
requirements and limitations set forth in N.C. Gen. Stat. 143-215.104A et seq., and the Rules
promulgated thereunder.
j. Property Access
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.
k. Damage to wells
i. 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, the owner 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.
1. Notification
i. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Orange County land
records, Book , Page ." A copy of any such instrument shall be sent to the persons
University Place Mall/22047-18-068/12002022
7

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 and rider is identical in form, the owner conveying an interest may provide DEQ
with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of
sending copies of actual, executed leases, to the persons listed in Section 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. Separating Old from New Contamination
i. Unless consent is obtained in advance from DEQ in writing, all automotive
repair and gasoline service station uses as defined in subparagraph 12.a.ix. above shall occur
only in the "Chapel Hill Tire Area" or the "Gasoline Station Area" on the Brownfields Property
as delineated on the plat component of the Notice of Brownfields Property described in
paragraph 16 below. The Chapel Hill Tire Area encompasses Area A on the plat filed with the
January 23, 2020 Notice of Residual Petroleum for UST Incident Number 46402 recorded in the
Orange County Register of Deeds Book 6643, Pages 587-592 and plat recorded in Book 121,
Page 95. In accordance with Land Use Restriction 12.b. above, any automotive repair and
gasoline service station operations in the Chapel Hill Tire Area or Gasoline Station Area shall
not use or store chlorinated solvents nor their degradation products that have been detected at the
Brownfields Property (chloromethane (except that which may be derived from chlorinated
drinking water lines), 1, 1 -dichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene,
tetrachloroethylene, trichloroethylene, nor vinyl chloride), individually and collectively, the
"Chlorinated Solvent Compounds". The contaminants bis(2-ethylhexyl)phthalate, chromium,
lead, 4-methyl-2-pentanone, phenanthrene, tetradecanonic acid, chloroform (except that which
may be derived from chlorinated drinking water lines), and trichlorofluoromethane, individually
and collectively, the "Non -Petroleum Brownfields Compounds", may not be used or stored at the
Brownfields Property unless they are used in compliance with subparagraph 12.m.ii. below. For
contaminants sourced within the Brownfields Property, DEQ's Covenant Not to Sue described in
Section XI of the Brownfields Agreement is LIMITED solely to Chlorinated Solvent
Compounds (as defined above) and to Non -Petroleum Brownfields Compounds (as defined
above) that are present in soil, soil gas, sub -slab vapor, indoor air, and/or groundwater as
indicated in Exhibit 2 to this Agreement at the Brownfields Property, and any constituents
arising from the degradation thereof. Any use of these compounds in violation of this paragraph
shall constitute a violation of this Agreement and of the Brownfields Property Reuse Act of 1997
[NCGS 130A310.30 et seq.], subject to enforcement as authorized by law and by this
Agreement.
ii. 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:
1. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
University Place Mall/22047-18-068/12002022

2. as constituents of products and materials customarily used and stored in
retail, grocery, restaurant, office, recreational, open space, associated parking, and with prior
written DEQ approval, multi -family residential, and other commercial environments, provided
such products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws;
3. for automotive repair and gasoline service station uses in the Chapel
Hill Tire Area and Gasoline Station Area as defined by, and subject to the limitations set forth in
subparagraphs 12.a.ix. and 12.m.i. above, and in compliance with applicable law (which set forth
the limitations pertaining to said use, and state that they may not store nor use products
containing the contaminants which are prohibited in those paragraphs);
4. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
5. 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.
n. Land Use Restriction Update
i. 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 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Orange County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Orange County Register of Deeds office and that the land use
restrictions are being complied with. If the property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time they owned the property. The
submitted LURU shall state the following:
1. 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;
2. 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;
3. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.i. 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;
4. whether all products used in the Chapel Hill Tire Area and Gasoline
Station Area remain free of chlorinated solvents;
University Place Mall/22047-18-068/12002022
9

5. whether any changes to the automotive repair and gasoline service
station activities pursuant to subparagraph 12.m.i. above have occurred, and if so, how;
6. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this Agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.
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.
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.
University Place Mall/22047-18-068/120ct2022
10

FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 202_.
Un
NORTH CAROLINA
COUNTY
RRPV University Chapel Hill LP
Karen D. Geller
Vice President
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:
University Place Mall/22047-18-068/12002022
11

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
Michael E. Scott Date
Director, Division of Waste Management
University Place Mall/22047-18-068/120ct2022
12

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: RRPV University Chapel Hill LP
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project No. 22047-18-068
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
University Place Mall
201, 205, 215, 217, 219, 221, 223,
225, 227, 229, 231, 233, 235, 237,
239, and 241 S. Estes Drive and
900 Willow Drive
Chapel Hill, Orange County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and RRPV University Chapel Hill LP
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et SeMc . (the "Act") for the properties located at 201, 205, 215, 217, 219, 221, 223,
225, 227, 229, 231, 233, 235, 237, 239, and 241 S. Estes Drive and 900 Willow Drive (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.
Originally, the Prospective Developer on the Brownfields Property Application (`BPA")
was Ram Realty Acquisitions V LLC; however, on January 17, 2020, the Brownfields Program
received an affidavit amending the BPA with a PD name change to RRPV University Chapel
Hill LP, a domestic limited partnership, with the general partner named RRPV University Chapel
Hill GP LLC, headquartered at 4801 PGA Boulevard, Palm Beach Gardens, FL 33418. Its Vice
Presidents are Karen D. Geller and James W. Stine, of the same address. The registered agent for
University Place Mall/22047-18-068/120ct2022

the PD is Ram Realty Advisors LLC, which is located at 127 Worthington Ave, Suite 290,
Charlotte, NC 28203.
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 RRPV University Chapel Hill LP for contaminants at the Brownfields
Property.
The Parties agree that RRPV University Chapel Hill LP's entry into this Agreement, and
the actions undertaken by RRPV University Chapel Hill LP in accordance with the Agreement,
do not constitute an admission of any liability by RRPV University Chapel Hill LP for
contaminants at the Brownfields Property. The resolution of this potential liability, in exchange
for the benefit RRPV University Chapel Hill LP 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 RRPV University Chapel Hill LP.
University Place Mall/22047-18-068/120ct2022

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 the 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.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
201, 205, 215, 217, 219, 221, 223, 225, 227, 229, 231, 233,
Parcel Address(es) & Parcel
235, 237, 239, and 241 S. Estes Drive and 900 Willow Drive
IDs
(formerly 201 S. Estes Drive), Chapel Hill, Orange County
Parcel IDs 9799121690, 9799134091, and 9799220641
(formerly 9799125797
Acreage
39.45
Current Property Owner
RRPV University Chapel Hill LP
Commercial, including restaurants, two fitness centers, movie
theater, several retail stores, a grocery store (Harris Teeter),
Current Land Use(s)
an automotive repair facility (Chapel Hill Tire), a gas station
(Kangaroo Express), a bank, a vacant building, and associated
parking
Site Vicinity Land Uses
Residential and commercial
Retail, grocery, restaurant, office, recreational, open space,
associated parking, hotel, and with prior written DEQ
approval, multi -family residential and other commercial uses.
The existing automotive repair currently operating as Chapel
Hill Tire in the Chapel Hill Tire Area and the existing
gasoline station currently operating as Kangaroo Express in
Proposed Reuse(s)
the Gasoline Station Area, as delineated on the plat
component of the Notice of Brownfields Property described
in paragraph 16, may continue their respective operations,
even in the event of an assignment to a new entity or name
change, so long as the operators do not use Chlorinated
Solvent Compounds, as defined in subparagraph 12.m.i., and
comply with any other applicable Land Use Restrictions
contained herein.
Public Benefits of Reuse
Addition of retail, restaurant, office, recreational, and
residential space in the community and job creation
Existing Land Use
Groundwater has been prohibited for use as a water supply on
Restrictions Prior to
this property as per the August 23, 2001 letter of No Further
University Place Mall/22047-18-068/120ct2022

BROWNFIELDS PROPERTY INFORMATION SUMMARY
Brownfields Agreement
Action for UST Incident Number 5371 and July 8, 2019
Notice of Residual Petroleum for UST Incident Number
46404 recorded in the Orange County Register of Deeds
Book 6618, Pages 826-829.
The land use is restricted to industrial and commercial uses
only and groundwater is also prohibited for use as a water
supply in the area identified as Area A as designated on the
plat filed with the January 23, 2020 Notice of Residual
Petroleum for UST Incident Number 46402 recorded in the
Orange County Register of Deeds Book 6643, Pages 587-592
and plat recorded in Book 121, Page 95. Area A falls within
the Chapel Hill Tire Area as delineated on the plat component
on the Notice of Brownfields Property described in paragraph
16.
These existing land use restrictions will remain in effect.
ENVIRONMENTAL INFORMATION SUMMARY
Retail shopping center with retail stores, restaurants, and a
grocery store. Activities at a former dry cleaners in the
northeastern portion of the Brownfields Property, American
Dry Cleaners, has resulted in soil, groundwater, and soil gas
dry-cleaning solvent contamination that has migrated offsite
Historical Operations &
to the east/southeast. Soil and groundwater contamination
Contaminant Sources
associated with an automotive repair shop, Chapel Hill Tire,
was caused by releases from a former aboveground storage
tank ("AST") and underground hydraulic lifts. At the
Gasoline Station Area, releases from at least one of the eight
former underground storage tanks ("USTs") and spill buckets
caused soil and groundwater contamination. Four USTs
remain onsite in the Gasoline Station Area.
Retail shopping center including restaurants, two fitness
Current Operations/Activities
centers, movie theater, and several retail stores, a grocery
store, an automotive repair facility, a restaurant, a gas station,
a bank, a vacant building, and associated parking
Soil investigated through the chemical analysis of samples
collected from 48 borings to 13 feet below ground surface
Contaminated Media
(bgs): Petroleum hydrocarbons, C9-C 18 aliphatics; petroleum
hydrocarbons, C I I -C22 aromatics; and vinyl chloride have
been detected at concentrations exceeding Residential
University Place Mall/22047-18-068/120ct2022

ENVIRONMENTAL INFORMATION SUMMARY
Preliminary Soil Remediation Goals. Total petroleum
hydrocarbons have also been detected at concentrations
exceeding the North Carolina Action Levels.
Groundwater investigated through the chemical analysis of
samples collected from 44 wells to 30 feet bgs: Petroleum -
related constituents, chlorinated solvents, and naphthalene
have been detected at concentrations exceeding NCAC Title
15A Subchapter 2L ("2L") groundwater standards and
NCDEQ Residential Vapor Intrusion Screening Levels
("VISLs"). Bis(2-ethylhexyl)phthalate, chloromethane, 4-
methyl-2-pentanone, and lead have been detected at
concentrations exceeding 2L standards, and chloroform has
been detected at concentrations exceeding the Residential
VISL.
Sub -slab vapor and soil gas investigated through the chemical
analysis of 31 vapor sample points: Benzene,
bromodichloromethane, chloroform, ethylbenzene,
naphthalene, tetrachloroethylene, trichloroethylene, vinyl
chloride, and xylenes have been detected at concentrations
exceeding Residential VISLs.
Indoor air investigated through the chemical analysis of 3
sample points in the vicinity of the former American Dry
Cleaners and current Harris Teeter grocery store: Trans-1,2-
dichloroethylene has been detected at concentrations
exceeding the Residential VISL.
DEQ DSCA ID No. DC680002 (American Dry Cleaners) was
certified into the DSCA Program on April 1, 2008;
contamination associated with release(s) of dry-cleaning
solvent from the former American Dry Cleaners site is
currently being addressed in accordance with the "Agreement
for Assessment and Remediation Pursuant to DSCA" between
ID Numbers/Permits
NC Division of Waste Management and RRPV University
Chapel Hill LP as executed on March 19, 2019.
DEQ UST Section Incident Nos. 46402, 92336 (Chapel Hill
Tire Area)
DEQ UST Section Incident Nos. 5371, 33823, 46404
University Place Mall/22047-18-068/120ct2022

ENVIRONMENTAL INFORMATION SUMMARY
Gasoline Station Area
Onsite Receptors Considered
Future residents, on -site workers, construction workers,
recreator/tres asser
i. Water supply wells: There are no water supply wells in the
vicinity of the Brownfields Property. Water supply wells are
prohibited in the Gasoline Station Area at the Brownfields
Property per the Notice of Residual Petroleum for UST
Incident Number 46404 that was filed on July 8, 2019 and is
recorded in the Orange County Register of Deeds Book 6618,
Pages 826-829.
ii. Residential structures, churches, or childcare centers:
Single- and multi -family residential units are located to the
Potential Offsite Receptors
north, east, and south of the Brownfields Property. The Olin
Considered
T. Binkley Church and associated preschool is adjacent to the
northeast portion of the Brownfields Property and has been
subject to assessment and ongoing indoor air monitoring
under the DSCA Program. The results of the latest monitoring
performed in July 2021 at the Olin T. Binkley Church have
not indicated exceedances of acceptable risk levels requiring
mitigation in the church and associated preschool.
iii. Surface water: The nearest surface water is Bolin Creek,
located approximately 200 feet south of the Brownfields
Property.
Groundwater: Known chlorinated solvent groundwater
contaminants are located in the northeastern portion of the
Brownfields Property and extend into the adjacent Olin T.
Binkley Church property. The contamination is being handled
Potential offsite migration
under the DSCA Program (ID Number DC680002).
pathways
Soil Vapor: Known chlorinated solvent soil vapor
contaminants are located in the northeastern portion of the
Brownfields Property and extend into the adjacent Olin T.
Binkley Church property. The contamination is being handled
under the DSCA Program (ID Number DC680002).
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
University Place Mall/22047-18-068/120ct2022

a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Pollution Incident/UST Leak Reporting Form,
Texaco
January 6, 1990
Incident #5371
Groundwater Contamination Incident
Management Site Priority Ranking System,
unknown
January 30, 1990
Texaco Retail Estes Drive & 15-501
Notice of State and Federal Requirements,
Release of Petroleum from Commercial
Underground Storage Tank, Texaco Retail
NCDEHNR
February 16, 1990
Facility, Hwy. 15-501 (Bypass) and Estes
Drive
Letter Regarding Texaco Retail Facility,
Star Enterprise
February 21, 1990
Hwy. 15-501 (Bypass) and Estes Dr.
Westinghouse
Village Texaco, Chapel Hill, North Carolina
Environmental and
Geotechnical
April 5, 1990
Services, Inc.
Notice of Violation, Village Texaco, Chapel
Star Enterprise
May 14, 1990
Hill
Environmental Site Assessment, Star
Groundwater
Enterprise Retail Facility, Hwy 15-501 and
Technology, Inc.
July 23, 1990
Estes Drive
Letter, Texaco Facility, Hwy 15-501, Chapel
Star Enterprise
September 19, 1990
Hill
Letter, Texaco Facility at Highway 15-501,
Star Enterprise
November 13, 1990
Chapel Hill
Letter, Texaco -Estes & 15-501
Star Enterprise
January 6, 1995
Closure of Two Underground Storage Tanks,
Withers & Ravenel
Environmental
June 1, 1995
American Dry Cleaners and K&W Cafeteria
Engineering, Inc.
Summary of Phase II Investigation, American
Withers & Ravenel
Environmental
March 6, 1996
Dry Cleaners
Engineering, Inc.
University Place Mall/22047-18-068/120ct2022

Title
Prepared by
Date of Report
Phase III, Summary of Soil Remediation,
Withers & Ravenel
American Dry Cleaners
Environmental
March 7, 1996
Engineering, Inc.
Letter
Handex of the
September 24, 1996
Carolinas
Letter
Star Enterprise
August 7, 1998
Limited Groundwater Sampling Event, 1,500
Foot Potential Receptor Survey and Risk
Equiva Services,
October 29, 1999
Analysis, Former Texaco Facility
LLC
#200500143
Site Summary, Texaco -Estes & 15-501
unknown
February 18, 2000
Meeting Log, Texaco -Estes & 15-501
NCDENR
February 18, 2000
Texaco Retail Facility — Equiva Services,
Equiva Services,
February 29, 2000
LLC, 501 Estes Drive
LLC
Notice of Regulatory Requirements, Texaco-
NCDENR
June 13, 2000
Estes & 15-501
Comprehensive Site Assessment Report
unknown
January 19, 2001
Review, Texaco -Estes & 15-501
Pre -Approval Task Authorization/Change
NCDENR
March 8, 2001
Order, Texaco -Estes & 15-501
Pre -Approval Task Authorization/Change
NCDENR
August 23, 2001
Order, Texaco — Estes & 15-501
Notice of No Further Action, Texaco — Estes
NCDENR
August 23, 2001
& 15-501
Memorandum, Texaco — Estes & 15-501
NCDENR
September 11, 2001
Texaco — Estes and US Highway 15150,
Equiva Services,
Notice of No Further Action — Public
LLC
October 4, 2001
Notifications/Well Abandonment
Dry Cleaning Solvent Groundwater
ECS Carolinas, LLP
February 5, 2008
Assessment Report, University Mall
Assessment Report Forms for North Carolina
Withers &Ravenel,
Dry -Cleaning Solvent Cleanup Act Program,
Inc.
July 10, 2008
American Cleaners
Groundwater Monitoring Report Forms for
Withers & Ravenel,
North Carolina Dry -Cleaning Solvent
Inc.
October 22, 2008
Cleanup Act Program, American Cleaners
University Place Mall/22047-18-068/120ct2022

Title
Prepared by
Date of Report
Groundwater Monitoring Report Forms for
Withers &Ravenel,
North Carolina Dry -Cleaning Solvent
Inc.
February 17, 2009
Cleanup Act Program, American Cleaners
Groundwater Monitoring Report Forms for
Withers &Ravenel
North Carolina Dry -Cleaning Solvent
Inc.
April 17, 2009
Cleanup Act Program, American Cleaners
Site Check Report, Pantry #3102
ATC Associates of
North Carolina, P.C.
March 16, 2010
Groundwater Monitoring Report Forms for
Withers &Ravenel,
North Carolina Dry -Cleaning Solvent
Inc.
April 15, 2010
Cleanup Act Program, American Cleaners
Notice of No Further Action, Pantry 3012
NCDENR
April 27, 2010
Groundwater Monitoring Report Forms for
Withers & Ravenel,
North Carolina Dry -Cleaning Solvent
Inc.
September 14, 2010
Cleanup Act Program, American Cleaners
Groundwater Monitoring Report Forms for
Withers & Ravenel,
North Carolina Dry -Cleaning Solvent
Inc
December 1, 2010
Cleanup Act Program, American Cleaners
Groundwater Monitoring Report Forms for
Withers &Ravenel
North Carolina Dry -Cleaning Solvent
Inc.
February 21, 2011
Cleanup Act Program, American Cleaners
Results of Soil Vapor Analysis, DSCA #68-
Withers & Ravenel,
March 18, 2011
0002 — Former American Cleaners
Inc.
Groundwater Monitoring Report Forms for
Withers &Ravenel,
North Carolina Dry -Cleaning Solvent
Inc.
June 13, 2011
Cleanup Act Program, American Cleaners
Indoor Air Sampling Results: Harris Teeter
Withers &Ravenel,
Grocery Store, DSCA #68-0002 — Former
Inc.
June 30, 2011
American Cleaners
Draft EHC® Pilot Test, Summary Report of
Pre and Post Injection Groundwater
Withers & Ravenel,
January 17, 2012
Monitoring, DSCA #68-0002, American
Inc.
Cleaners
Results of Indoor Air Analysis, DSCA #68-
Withers & Ravenel,
January 21, 2012
0002 — Former American Cleaners
Inc.
Groundwater Monitoring Report Forms for
Withers & Ravenel,
North Carolina Dry -Cleaning Solvent
Inc.
November 7, 2012
Cleanup Act Program, American Cleaners
University Place Mall/22047-18-068/120ct2022

Title
Prepared by
Date of Report
Site Closure Report, Chapel Hill Tire
Mid -Atlantic
Associates, Inc.
March 27, 2013
Notice of No Further Action, Chapel Hill Tire
NCDENR
April 3, 2013
Hydrogeologic Characterization and
Groundwater Assessment: Western Portion of
Withers & Ravenel,
Olin T. Binkley Baptist Church Property,
Inc
April 15, 2013
DSCA #68-0002 — Former American
Cleaners
Groundwater Monitoring Report, American
AECOM
March 14, 2014
Dry Cleaners (DSCA Site ID 68-0002)
Results of Soil Gas Sampling, Former
American Dry -Cleaners (DSCA Site ID 68-
AECOM
October 2, 2014
0002)
Groundwater Monitoring Report, Former
American Dry -Cleaners (DSCA Site ID 68-
AECOM
October 8, 2014
0002)
Initial Recommendations for Groundwater
AECOM
October 8, 2014
Remediation, Former American Dry -Cleaners
Results of Indoor Air Sampling, American
AECOM
April 2, 2015
Dry Cleaners (DSCA Site ID 68-0002)
Groundwater Monitoring Report, Former
American Dry -Cleaners (DSCA Site ID
AECOM
January 25, 2016
SC680002)
Groundwater and Vapor Monitoring Report,
URS Corporation —
American Dry Cleaners DSCA Site
North Carolina
January 18, 2017
DC680002
Phase I Environmental Site Assessment,
ECS Southeast, LLP
December 26, 2017
University Mall
Phase I ESA, University Mall
Hart & Hickman, PC
Aril 20, 2018
Phase II Environmental Site Assessment,
Hart &Hickman, PC
June 7, 2018
UniversityMall Site
Site Check Report, Circle K Store #2723102
ATC Associates of
North Carolina, LLC
November 12, 2018
Phase I Limited Site Assessment, Circle K
ATC Associates of
February 6, 2019
Store #27231402
North Carolina, P.C.
Brownfields Assessment Work Plan,
Hart & Hickman, PC
February 20, 2019
University Place Mall
10
University Place Mall/22047-18-068/120ct2022

Title
Prepared by
Date of Report
Indoor Air, Soil Gas, and Groundwater
Sampling Report, American Dry Cleaners
AECOM
March 7, 2019
DSCA Site ID #DC680002
Underground Hydraulic Lift Assessment,
University Place Mall — Chapel Hill Tire
Hart & Hickman, PC
April 24, 2019
Facility
Brownfields Assessment Report, University
Hart &Hickman, PC
May 20, 2019
Place Mall
Notice of Residual Petroleum, Circle K Store
RRPV University
July 8, 2019
#2723102
Cha el Hill LP
Proposal, Environmental Services, Chapel
Hart & Hickman, PC
July 12, 2019
Hill Tire Hydraulic Lifts
Underground Hydraulic Lift Abandonment
and Receptor Survey Results, University
Hart & Hickman, PC
November 4, 2019
Place Mann — Chapel Hill Tire Facility
Conditional Notice of No Further Action,
NCDEQ
December 20, 2019
Chapel Hill Tire Release #2
Notice of Residual Petroleum, Chapel Hill
RRPV University
January 23, 2020
Tire Release #2
Chapel Hill LP
Limited Site Investigation, Proposed Chick-
Terracon
August 6, 2021
fil-A #04954
Consultants, Inc.
Environmental Management Plan
Hart & Hickman, PC
February 10, 2022
Additional Brownfields Assessment Report
Hart & Hickman, PC
February 15, 2022
Additional Brownfields Vapor Intrusion
Hart & Hickman, PC
September 2, 2022
Assessment Report
b. Other applicable off -site reports:
Title
Prepared by
Date of Report
Results of Indoor Air First Semi -Annual
withers &Ravenel,
Sampling Event, DSCA #68-0002 — Former
Inc.
August 17, 2010
American Cleaners
Results of Second Indoor Air Semi -Annual
withers & Ravenel
Sampling Event, DSCA #68-0002 — Former
Inc.
February 23, 2011
American Cleaners
Results of Off -Site Indoor Air Sampling (Olin
T. Binkley Baptist Church), American Dry
AECOM
March 20, 2014
Cleaners DSCA Site ID 68-0002
11
University Place Mall/22047-18-068/120ct2022

Title
Prepared by
Date of Report
Results of Indoor Air Sampling, American
Dry Cleaners (Dry-cleaning Solvent Cleanup
AECOM
February 25, 2016
Act [DSCA] Site ID # DC680002
Results of Indoor Air Sampling, American
AECOM
July 15, 2016
Dry Cleaners DSCA Site ID DC680002
Indoor Air and Soil Gas Sampling Report,
American Dry Cleaners DSCA Site ID
AECOM
January 11, 2018
#DC680002
June 2019 — Indoor Air and Soil Gas
Sampling Report, American Dry Cleaners
AECOM
July 30, 2019
DSCA Site ID #DC680002
December 2019 — Indoor Air, Soil Gas, and
Ductwork Air Sampling Report, American
AECOM
January 30, 2020
Dry Cleaners DSCA Site ID #DC680002
Soil Gas and Groundwater Sampling Report,
American Dry Cleaners DSCA Site ID
AECOM
September 24, 2020
#DC680002
December 2020 — Indoor Air and Soil Gas
Sampling Report, American Dry Cleaners
AECOM
January 22, 2021
DSCA Site ID #DC680002
July 2021 — Indoor Air and Soil Gas
Sampling Report, American Dry Cleaners
AECOM
August 16, 2021
DSCA Site ID DC680002
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 July 18, 2018, and the
following:
a. On December 27, 2018, Prospective Developer purchased the Brownfields
Property; and
12
University Place Mall/22047-18-068/120ct2022

b. On March 19, 2019, Prospective Developer became the current petitioner in
the DSCA Program.
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
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. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
13
University Place Mall/22047-18-068/120ct2022

agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
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. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 250 of construction jobs during redevelopment
and 350 of full-time jobs after the first phase of redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. additional multi -family residential space for the area.
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
14
University Place Mall/22047-18-068/120ct2022

procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
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) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, 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.c. below. In February
2022, an EMP was approved and finalized with DEQ and the Prospective Developer.
15
University Place Mall/22047-18-068/120ct2022

VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. Additionally, all land use restrictions contained in the deed notification entitled
Notice of Residual Petroleum, Circle K Store #2723102 (UST incident #46404) recorded by
RRPV University Chapel Hill LP, RRPV University Chapel Hill GP LLC, its General Partner,
and Ram Realty Associates V LLC, its Manager, on the deed to the Brownfields Property on July
8, 2019 in Book 6618, Pages 826-829 and in the deed notification entitled Notice of Residual
Petroleum, Chapel Hill Tire Release #2 recorded by RRPV University Chapel Hill LP, RRPV
University Chapel Hill GP LLC, its General Partner, and Ram Realty Associates V LLC, its
Manager, on the deed to the Brownfields Property on January 23, 2020 in Book 6643, Pages
587-592 at the Orange County Register of Deeds office, remain in force. All references to DEQ
shall be understood to include any successor in function.
a. Land Uses
No use may be made of the Brownfields Property other than for retail, grocery,
restaurant, office, recreational, open space, associated parking, hotel, and with prior written DEQ
approval, multi -family residential and other commercial uses. The existing automotive repair
currently operating as Chapel Hill Tire in the Chapel Hill Tire Area and the existing gasoline
service station currently operating as Kangaroo Express in the Gasoline Station Area, as
16
University Place Mall/22047-18-068/120ct2022

delineated on the plat component of the Notice of Brownfields Property described in paragraph
16, may continue their respective operations, in accordance with this Agreement, even in the
event of an assignment to a new entity or a name change, so long as the operators do not use
Chlorinated Solvent Compounds, as defined in subparagraph 12.m.i., and comply with any other
applicable Land Use Restrictions contained herein. For purposes of this restriction, the following
definitions apply:
i. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer's markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
ii. "Grocery" is defined as a retail store that offers non-perishable food
packaged in bottles, boxes, and cans, perishable food such as baked goods, meats, deli products,
and fresh produce, and which may sell non-food items, such as clothing and household items and
provide pharmacy, financial, or other services.
iii. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
services are provided.
iv. "Office" is defined as a place where the business or professional
v. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
17
University Place Mall/22047-18-068/120ct2022

same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas that are constructed
and operated in compliance with applicable regulatory code, permits, and law.
vi. "Open space" is defined as land maintained in a natural or landscaped
state and used for uses such as natural resource protection, riparian buffers, greenways, or
detention facilities for stormwater.
vii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
viii. "Hotel" is 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.
ix. "Automotive repair and gasoline service station" are defined as
maintenance of vehicles and the retail sales of motor fuels for vehicles subject to all applicable
regulations and the terms of subparagraph 12.m.i. below.
x. "Multi -family residential" is defined as multi -unit human dwellings,
such as condominia or apartments that are contained in one building or a group of buildings
within one complex and that can be constructed side by side or stacked vertically. Single family
homes are prohibited, townhomes, duplexes, or other units with private ownership of yards are
prohibited.
xi. "Commercial" is defined as an enterprise carried on for profit or
IN
University Place Mall/22047-18-068/120ct2022

nonprofit by the owner, lessee or licensee. For the purposes of this Agreement, this excludes use
of any operation that uses chlorinated solvents.
b. Specific Prohibitions
i. The Brownfields Property may not be used for dry cleaning operations
nor automotive operations that use chlorinated solvents or their degradation products. Without
limiting this general requirement, and subject to future compliance with land use restrictions, the
existing Chapel Hill Tire automotive repair facility and gasoline station may continue their
respective operations at the Brownfields Property only within the Chapel Hill Tire Area and
Gasoline Station Area, respectively, even in the event of an assignment to a new entity or a name
change, subject to the terms of subparagraph 12.m.i. below, and comply with any other
applicable Land Use Restrictions contained herein, and so long as the operators do not use or
store chlorinated solvents or their degradation products at the Brownfields Property.
ii. No residential use of the Brownfields Property shall occur until the
then owner of the Brownfields Property conducts representative assessment to fill any DEQ-
identified data gaps to the written satisfaction of DEQ in other areas of the Brownfields Property,
pursuant to a plan(s) approved in writing by DEQ. If DEQ believes the results of said assessment
indicates site contaminants are present such that the resulting environmental risk such
contamination poses is unacceptable, the then owner of the Brownfields Property shall then
mitigate such risk pursuant to a plan approved in writing by DEQ and to DEQ's satisfaction.
c. Environmental Management Plan
i. Physical redevelopment of the Brownfields Property may not occur
19
University Place Mall/22047-18-068/12Oct2022

other than in accord, as determined by DEQ, with an EMP approved in writing by DEQ in
advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment
phase) that is consistent with all the other land use restrictions and describes redevelopment
activities at the Brownfields Property, the timing of redevelopment phases, and addresses health,
safety and environmental issues that may arise from use of the Brownfields Property during
construction or redevelopment in any other form, including without limitation:
1. demolition of existing buildings, if applicable;
2. issues related to known or potential sources of contamination,
including without limitation those resulting from contamination identified in paragraph 3 above;
3. 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
4. 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.
d. Redevelopment Summary Report
i. 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
20
University Place Mall/22047-18-068/120ct2022

approval on environment -related activities since the last report, with a summary and drawings,
that describes:
1. actions taken on the Brownfields Property in accordance with
Section VI: Work to be Performed above;
2. soil grading and cut and fill actions;
3. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
4. 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
5. 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).
e. Demolition Activities
i. Unless compliance with this Land Use Restriction is waived in writing
in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
21
University Place Mall/22047-18-068/12Oct2022

f. Remediation Issues/Other Program Involvement
i. If any remedial obligations under DEQ's oversight are discontinued
prior to completion to the satisfaction of DEQ, DEQ may require the then owner of the
Brownfields Property to assess the risk remaining to public health and the environment at or
from the Brownfields Property. DEQ may also impose upon the then owner of the Brownfields
Property additional land use restrictions or require the Brownfields Property owner to conduct
additional actions as necessary to prevent or mitigate unacceptable risks imposed by said
discontinued remedial obligations in order to achieve the goals of this brownfields agreement as
set forth in NCGS § 130A-310.32(2) to the written satisfaction of DEQ;
ii. Not later than completion of redevelopment, any known USTs,
identified above in paragraph 3, except those that are lawfully being used within the Gasoline
Station Area, or those that are lawfully used to contain potable or reclaimed water, shall be
removed and addressed to the satisfaction of DEQ.
g. Groundwater
i. 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 12.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 12.c., or a
plan approved in writing in advance by DEQ.
22
University Place Mall/22047-18-068/120ct2022

h. Soil
i. 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:
24 inches;
1. in connection with landscape planting to depths not exceeding
2. mowing and pruning of above -ground vegetation;
3. 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
4. in connection to work conducted in accordance with a DEQ-
approved EMP as outlined in subparagraph 12.c.
ii. No residential use of the Brownfields Property 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 area within the Brownfields Property, as said area is
depicted on the plat component of the Notice of Brownfields Property described in paragraph 16
below, that is not covered by building foundations, sidewalks, or asphaltic or concrete parking
areas and driveways. The provisions of this subparagraph shall not be applicable in areas of the
23
University Place Mall/22047-18-068/12Oct2022

Brownfields Property that have not been, or will not be, disturbed or altered during
redevelopment activities.
iii. Soil may not be removed from, or brought onto, the Brownfields
Property without prior sampling and analysis to DEQ's satisfaction and the written approval of
DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 12.c.
i. Vapor Intrusion
i. No enclosed building may be constructed on the Brownfields Property
and occupied until DEQ determines in writing that:
1. 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
2. a vapor intrusion mitigation system (VIMS) has been:
i. 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;
ii. installed and an installation report is submitted for
24
University Place Mall/22047-18-068/12Oct2022

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; and
iii. Should the DSCA program install or modify a system at
that site, and that system subsequently be determined to meet the performance requirements of
this subparagraph to the written satisfaction of DEQ, then those measures may be considered as
sufficient to meet the requirements of this subparagraph. Both parties hereby acknowledge that
the DSCA Program is not a party to this Agreement; while compliance with the provisions of this
land use restriction may be met by the measures that the DSCA Program may install or modify,
the DSCA Program is not installing or modifying those measures pursuant to this Agreement nor
is it subject to the authority of the Brownfields Program; and that the DSCA Program may install
or modify measures on the Brownfields Property under the authority and subject to the
requirements and limitations set forth in N.C. Gen. Stat. 143-215.104A et seq., and the Rules
promulgated thereunder.
j. Property Access
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.
25
University Place Mall/22047-18-068/120ct2022

k. Damage to wells
i. 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, the owner 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.
1. Notification
i. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Orange
County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section 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 and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section 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.
26
University Place Mall/22047-18-068/120ct2022

in. Separating Old from New Contamination
i. Unless consent is obtained in advance from DEQ in writing, all
automotive repair and gasoline service station uses as defined in subparagraph 12.a.ix. above
shall occur only in the "Chapel Hill Tire Area" or the "Gasoline Station Area" on the
Brownfields Property as delineated on the plat component of the Notice of Brownfields Property
described in paragraph 16 below. The Chapel Hill Tire Area encompasses Area A on the plat
filed with the January 23, 2020 Notice of Residual Petroleum for UST Incident Number 46402
recorded in the Orange County Register of Deeds Book 6643, Pages 587-592 and plat recorded
in Book 121, Page 95. In accordance with Land Use Restriction 12.b. above, any automotive
repair and gasoline service station operations in the Chapel Hill Tire Area or Gasoline Station
Area shall not use or store chlorinated solvents nor their degradation products that have been
detected at the Brownfields Property (chloromethane (except that which may be derived from
chlorinated drinking water lines), 1, 1 -dichloroethane, cis-1,2-dichloroethylene, trans-1,2-
dichloroethylene, tetrachloroethylene, trichloroethylene, nor vinyl chloride), individually and
collectively, the "Chlorinated Solvent Compounds". The contaminants bis(2-
ethylhexyl)phthalate, chromium, lead, 4-methyl-2-pentanone, phenanthrene, tetradecanonic acid,
chloroform (except that which may be derived from chlorinated drinking water lines), and
trichlorofluoromethane, individually and collectively, the "Non -Petroleum Brownfields
Compounds", may not be used or stored at the Brownfields Property unless they are used in
compliance with subparagraph 12.m.ii. below. For contaminants sourced within the Brownfields
Property, DEQ's Covenant Not to Sue described in Section XI of the Brownfields Agreement is
27
University Place Mall/22047-18-068/120ct2022

LIMITED solely to Chlorinated Solvent Compounds (as defined above) and to Non -Petroleum
Brownfields Compounds (as defined above) that are present in soil, soil gas, sub -slab vapor,
indoor air, and/or groundwater as indicated in Exhibit 2 to this Agreement at the Brownfields
Property, and any constituents arising from the degradation thereof. Any use of these
compounds in violation of this paragraph shall constitute a violation of this Agreement and of the
Brownfields Property Reuse Act of 1997 [NCGS 130A310.30 et seq.], subject to enforcement as
authorized by law and by this Agreement.
ii. 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:
1. in de minimis quantities for cleaning and other routine
housekeeping and maintenance activities;
2. as constituents of products and materials customarily used and
stored in retail, grocery, restaurant, office, recreational, open space, associated parking, and with
prior written DEQ approval, multi -family residential, and other commercial environments,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws;
3. for automotive repair and gasoline service station uses in the
Chapel Hill Tire Area and Gasoline Station Area as defined by, and subject to the limitations set
University Place Mall/22047-18-068/120ct2022

forth in subparagraphs 12.a.ix. and 12.m.i. above, and in compliance with applicable law (which
set forth the limitations pertaining to said use, and state that they may not store nor use products
containing the contaminants which are prohibited in those paragraphs);
4. as constituents of fuels, lubricants and oils in emergency
generators, machinery, equipment and vehicles in on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons;
5. 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.
n. Land Use Restriction Update
i. 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 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU")
to DEQ, and to the chief public health and environmental officials of Orange County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Orange County Register of Deeds office and that the land use
restrictions are being complied with. If the property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time they owned the property. The
submitted LURU shall state the following:
1. the Brownfields Property address, and the name, mailing
address, telephone number, and contact person's e-mail address of the owner, or board,
29
University Place Mall/22047-18-068/120ct2022

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;
2. 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;
3. whether any vapor barrier and/or mitigation systems installed
pursuant to subparagraph 12.i. 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;
4. whether all products used in the Chapel Hill Tire Area and
Gasoline Station Area remain free of chlorinated solvents;
5. whether any changes to the automotive repair and gasoline
service station activities pursuant to subparagraph 12.m.i. above have occurred, and if so, how;
6. A LURU submitted for rental units shall include enough of each
lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 of this Agreement provided that if standard
form leases are used in every instance, a copy of such standard form lease may be sent in lieu of
copies of actual leases.
W
University Place Mall/22047-18-068/12Oct2022

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
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
31
University Place Mall/22047-18-068/120ct2022

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 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 Orange County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a 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 Orange
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,
32
University Place Mall/22047-18-068/120ct2022

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.
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 3 La. below
of any such required notification.
33
University Place Mall/22047-18-068/120ct2022

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 July 18, 2018, by which it applied for this
Agreement and in subsequent electronic correspondence on January 22, 2021. That use is that
which is provided in paragraph 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 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. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. 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 (noting the limitations on this liability protection for Chlorinated Solvent Compounds
(as defined in subparagraph 12.m.i.) and to Non -Petroleum Brownfields Compounds (as defined
in subparagraph 12.m.i.) in the "Chapel Hill Tire Area" and the "Gasoline Station Area" on the
Brownfields Property as delineated on the plat component of the Notice of Brownfields Property
described in paragraph 16 below) unless any of the following apply:
a. The Prospective Developer fails to comply with this Agreement.
M
University Place Mall/22047-18-068/120ct2022

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
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
35
University Place Mall/22047-18-068/120ct2022

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,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § l 13A-1, et SeMc .
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
we
University Place Mall/22047-18-068/120ct2022

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).
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
37
University Place Mall/22047-18-068/120ct2022

§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
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
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
4R.
University Place Mall/22047-18-068/120ct2022

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:
Karen D. Geller (or successor in function)
RRPV University Chapel Hill LP
4801 PGA Boulevard
Palm Beach Gardens, FL 33418
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.
W
University Place Mall/22047-18-068/120ct2022

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
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
.O
University Place Mall/22047-18-068/120ct2022

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.
41
University Place Mall/22047-18-068/120ct2022

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
RRPV University Chapel Hill LP
By:
Karen D. Geller
Vice President
42
Date
University Place Mall/22047-18-068/120ct2022

E
l0 Eastwood
.ti I MINGLE DR El�'
_
Lake
P
hf -
-
Z�
`�y
QF�Algp4
a
y
4
Ills Ill�ch Estzs Hill
CLCIOTI
-
ElemSdi
-
•qt)
t"'Y70r; ND
O
r
SITE
f
l,ai'd HIII
T
Chapel o
Hill
13
G.
c y
- V=
Q
T+ I'A P, _
v
Gq
n
, "I Hill a
my
' 0 2,000 4,000
r N
5 SCALE IN FEET
Y
Y
YI U.S.G.S. QUADRANGLE MAP
CHAPEL HILL, NORTH CAROLINA 2019
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
z
o W
rt
or aPQ��i� r uE IL;oµo
v2 `v c�
Np o �%Fr,
A 0�6 =-s
P
iE
0
Montessori x
Day Sch�- M�Q
Ephesus Elem
r
y� F
lV LUIV OR
n W I
, CI CLAIR
r` q
E,,'.
SycPsi`
F
O F
$ Fly✓ \ - i
3 W
Rashtc
E I"n _:,_I
p _
jz
4
Q =
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cove_ r Database, National Structures Dataset,
1 d National Transportation Dataset; USGS Global Ecosystems; U.S.
Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data;
U.S. D- p rtmeknt of State Humanitarian Information Unit;,and NOAA
National CenZ- for,. En iironmental Information, U.S. Coastal Relief
Mode{,,Data refreshed' May, 2020.

Exhibit 2
Brownfields Property Name: University Place Mall
Brownfields Project Number: 22047-18-068
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 25, 2022. The following table tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, both the maximum and the most recent 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 or mitigation 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, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Maximum
Groundwater
Sample
Date of
Concentration
Date of
Most
Most Recent
Standard
Exceeding
Concentration
Contaminant
Location
Sampling
Standard
Recent
(µgm)
(µg/L)
Sampling
(Itg�
2W-5
8/30/2011
1.1
5/14/2018
<5
TMW-6
5/18/2018
16
5/18/2018
16
VP-4/TOW-1
7/3/1990
390
9/22/2000
11
VP-3/TOW-2
12/18/1996
56.1
9/22/2000
ND
Benzene'
VP-2/VP
2A/TOW-3
3/6/1989
2,200
8/17/2000
4.1
I
VP-1/VP-
5/8/1997
200
8/17/2000
62
1 A/TOW-4
GT4/MW-4
6/18/1993
7,300
8/17/2000
ND
UST-MW-13
1/11/2019
1.8
1/11/2019
1.8
MW-6D
8/17/2000
1.7
8/17/2000
1.7
Bis(2-
ethylhexyl)phthal
2W2-S
12/6/2007
12.8
12/6/2007
12.8
3
ate
Chloromethane
2W-5
9/4/2012
8.6
5/14/2018
<10
3
1,1-
2W-5
9/22/2011
12
5/14/2018
<5
6
Dichloroethane
University Place Mall/22047-18-068/120ct2022

Maximum
Groundwater
Sample
Date of
Concentration
Date of
Most
Most Recent
Standard
Exceeding
Concentration
Contaminant
Location
Sampling
Standard
Recent
(µgo)
(µg/L)
Sampling
�
2W-1
5/1995
5,300
5/1995
5,300
2W-4
2/7/2014
7,100
5/14/2018
9.2
cis-1,2-
2W-5
9/22/2011
5,900
5/14/2018
470
70
Dichloroethylene
2W-6
11/12/2013
1,800
5/14/2018
400
TW-03
7/9/2021
103
7/9/2021
103
trans-1,2-
2W-5
1/21/2011
116
5/14/2018
10
100
Dichloroeth lene
Ethylbenzenel
VP-2/VP
2A/TOW-3
3/6/1990
2,000
8/17/2000
ND
600
GT4/MW-4
7/3/1990
2,100
8/17/2000
N D 2
GW3
2/25/1995
54
2/25/1995
54
Lead
15
MW-6D
8/17/2000
16
8/17/2000
16
4-Methyl-2-
2W-7
7/18/2011
10,000
11/12/2013
<10
100
entanone
2-
GT3/MW-3
6/18/1993
32
6/18/1993
32
Methylnaphthale
30
GT4/MW-4
6/18/1993
40
6/18/1993
40
ne
VP-4/TOW-1
6/18/1993
8,800
9/22/2000
1,970
VP-3/TOW-2
6/18/1993
12,000
9/22/2000
391
VP-2/VP
6/18/1993
39000
8/17/2000
170
2A/TOW-3
Methyl tert-butyl
20
ether'
6/18/1993
69500
8/17/2000
29930
A/TOWP4
GT1/MW-1
11/11/1997
29
8/17/2000
10.7
GT4/MW-4
6/18/1993
38,000
8/17/2000
1,100
UST-MW-13
1/11/2019
58
1/11/2019
58
2W-4
12/6/2007
23
5/14/2018
<2
2W-5
12/6/2007
1,520
5/14/2018
<10
2W-6
12/6/2007
482
5/14/2018
<10
Naphthalene
VP-2/VP-
6
2A/TOW-3
6/18/1993
40
6/18/1993
40
GT3/MW-3
6/18/1993
100
6/18/1993
100
GT4/MW-4
6/18/1993
130
6/18/1993
130
VP-4/TOW-1
9/22/2000
1,400
9/22/2000
1,400
Petroleum
VP-2/VP
8/17/2000
410
8/17/2000
410
2A/TOW-3
hydrocarbons,
400
C5-C8 aliphatics'
VP-1/VP-
8/17/2000
29500
8/17/2000
29500
IA/TOW-4
GT4/MW-4
8/17/2000
640
8/17/2000
640
University Place Mall/22047-18-068/120ct2022

Maximum
Groundwater
Sample
Date of
Concentration
Date of
Most
Most Recent
Standard
Exceeding
Concentration
Contaminant
Location
Sampling
Standard
Recent
(µgo)
(µg/L)
Sampling
�
Petroleum
hydrocarbons,
VP-1/VP-
C9-C 10
IA/TOW-4
8/17/2000
713
8/17/2000
713
200
aromatics'
HA-1
8/1995
13.1
8/1995
13.1
HA-2
8/1995
6,730
8/1995
6,730
2W-1
5/1995
76,500
5/1995
76,500
2W-3
8/1995
179
8/1995
179
2W-4
8/1995
6,090
5/14/2018
3.8
Tetrachloroethyle
2W-5
12/6/2007
15,100
5/14/2018
<5
0.7
ne
2W-6
12/6/2007
3,920
5/14/2018
160
WO-MW-13
1/16/2013
2.4
1/16/2013
2.4
TMW-7
5/18/2018
1.2
5/18/2018
1.2
TMW-11
3/14/2019
1.4
3/14/2019
1.4
TW-03
7/9/2021
67.9
7/9/2021
67.9
Tetradecanonic
WO-MW-13
1/16/2013
11
1/16/2013
11
NS
acid
2W-5
9/4/2012
1,500
5/14/2018
3.4 J
VP-2/VP
3/6/1990
16,000
8/17/2000
2
2A/TOW-3
Toluene'
600
VP-1/VP-
5/8/1997
660
8/17/2000
13
IA/TOW-4
GT4/MW-4
7/3/1990
8,600
8/17/2000
ND
2W-1
5/1995
2,720
5/1995
2,720
2W-3
8/1995
3
8/1995
3
2W-4
2/7/2014
1,800
5/14/2018
4.5
Trichloroethylene
2W-5
12/6/2007
2,550
5/14/2018
<5
3
2W-6
11/12/2013
890
5/14/2018
140
TMW-6
5/18/2018
36
5/18/2018
36
TW-03
7/9/2021
27.1
7/9/2021
27.1
2W-4
11/23/2015
37.6
5/14/2018
3.3
2W-5
10/18/2011
540
5/14/2018
290
2W-6
11/12/2013
52 J
5/14/2018
11
Vinyl chloride
0.03
TMW-6
5/18/2018
35
5/18/2018
35
TMW-11
3/14/2019
1.8 J
3/14/2019
1.8 J
TW-03
7/9/2021
1.19
7/9/2021
1.19
University Place Mall/22047-18-068/120ct2022

VP-2/VP
6/15/1990
940
8/17/2000
ND
2A/TOW-3
Xylenesl
VP-1/VP-
500
5/8/1997
640
8/17/2000
167
IA/TOW-4
GT4/MW-4
7/3/1990
11,000
8/17/2000
ND
1 The Prospective Developer is not seeking liability protection for petroleum contamination at the
Brownfields Property due to continued use of petroleum products in certain source areas. Historical
contamination from the Chapel Hill Tire site in the northwestern area of the site, and the gasoline station
site in the southwestern area of the site are addressed under the Division of Waste Management UST
Section Incident Numbers 5372, 46402, and 46404. Liability protection through this Brownfields
Agreement will not be provided for these petroleum contaminants; however, the petroleum data is
included in Exhibit 2 for documentation purposes.
2 Method detection limits are not specified because analytical data packages are not available.
3 Prefixes were added to the well identifiers for two monitoring wells that were both historically located
within the Brownfields Property and were named MW-1 to distinguish between the two locations. WO-
MW-1 refers to the monitoring well installed in January 2013 at the Chapel Hill Tire site, and UST-MW-
1 refers to the monitoring well installed in January 2019 at the gas station site.
J — Estimated value between method detection limit and reporting limit
ND — Non -detect
NS — No established standard
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 contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL) (January 2022 version):
Maximum
Residential
Groundwater
Concentration
Date of
Most Recent
VI
Contaminant with
Sample
Date of
Exceeding
Most
Concentration
Screening
Potential for
Location
Sampling
Screening
Recent
(µg/L)
Levels
Vapor Intrusion
Sampling
Level /L
/L
TMW-6
5/18/2018
16
5/18/2018
16
VP-4/TOW-1
7/3/1990
390
9/22/2000
11
VP-3/TOW-2
12/18/1996
56.1
9/22/2000
ND
VP-2/VP
3/6/1989
2,200
8/17/2000
4.1
Benzene
2A/TOW-3
1.6
VP-1/VP-
5/8/1997
200
8/17/2000
62
IA/TOW-4
GT4/MW-4
6/18/1993
7,300
8/17/2000
ND
UST-MW-14
1/11/2019
1.8
1/11/2019
1.8
MW-6D
8/17/2000
1.7
8/17/2000
1.7
Chloroform
MW-6D
8/17/2000
12.9
8/17/2000
12.9
0.81
University Place Mall/22047-18-068/120ct2022
4

Maximum
Residential
Groundwater
Concentration
Date of
Most Recent
VI
Contaminant with
Sample
Date of
Exceeding
Most
Concentration
Screening
Potential for
Location
Sampling
Screening
Recent
�µg/L)
Levels
Vapor Intrusion
Sampling
Level /L
/L)
2W-5
9/22/2011
12
5/14/2018
<5
7.6
Dichloroethane
trans-1,2-
2W-4
2/7/2014
83 J
5/14/2018
0.24 J
Dichloroethylene
22
2W-5
1/21/2011
116
5/14/2018
10
VP-4/TOW-1
6/15/1990
38
9/22/2000
ND
VP-3/TOW-2
6/15/1990
44
9/22/2000
ND
Ethylbenzene2
VP-2/VP
2A/TOW-3
3/6/1990
2,000
8/17/2000
ND
3.5
VP-1/VP-
6/15/1990
69
8/17/2000
ND
lA/TOW-4
GT4/MW-4
7/3/1990
2,100
8/17/2000
ND
VP-4/TOW-1
6/18/1993
8,800
9/22/2000
1,970
VP-3/TOW-2
6/18/1993
12,000
9/22/2000
391
VP-2/VP
6/18/1993
3,000
8/17/2000
170
Methyl tert-butyl
2A/TOW-3
450
ether2
VP-l/VP-
6/18/1993
6,500
8/17/2000
2,930
lA/TOW-4
GT4/MW-4
6/18/1993
38,000
8/17/2000
1,100
2W-4
12/6/2007
23
5/14/2018
<2
2W-5
12/6/2007
1,520
5/14/2018
<10
2W-6
12/6/2007
482
5/14/2018
<10
Naphthalene
VP-2/VP-
4.6
2A/TOW-3
6/18/1993
40
6/18/1993
40
GT3/MW-3
6/18/1993
100
6/18/1993
100
GT4/MW-4
6/18/1993
130
6/18/1993
130
VP-4/TOW-1
9/22/2000
1,400
9/22/2000
1,400
VP-3/TOW-2
9/22/2000
250
9/22/2000
250
VP-2/VP
8/17/2000
410
8/17/2000
410
2A/TOW-3
Petroleum
VP-1 /VP -
hydrocarbons,
1A/TOW-4
8/17/2000
2,500
8/17/2000
2,500
1.7
C5-C8 aliphatics2
GTI/MW-1
3/2/2010
34
3/2/2010
34
GT4/MW-4
8/17/2000
640
8/17/2000
640
WO-MW-14
1/16/2013
6.2 J
1/16/2013
6.2 J
UST-MW-14
1 / 11 /2019
170
1 / 11 /2019
170
University Place Mall/22047-18-068/120ct2022

Maximum
Residential
Groundwater
Concentration
Date of
Most Recent
VI
Contaminant with
Sample
Date of
Exceeding
Most
Concentration
Screening
Potential for
Location
Sampling
Screening
Recent
�µg/L)
Levels
Vapor Intrusion
Sampling
Level /L
/L
Petroleum
hydrocarbons,
VP-1/VP-
8/17/2000
400
8/17/2000
400
0.15
C9-C12
lA/TOW-4
ali hatics2
Petroleum
hydrocarbons,
VP-l/VP-
8/17/2000
713
8/17/2000
713
32
C9-CIO
lA/TOW-4
aromatics2
Petroleum
hydrocarbons,
TMW-1
3/14/2019
180
3/14/2019
180
32
C l l -C22
aromatics
HA-1
8/1995
13.1
8/1995
13.1
HA-2
8/1995
6,730
8/1995
6,730
2W-1
5/1995
76,500
5/1995
76,500
2W-3
8/1995
179
8/1995
179
Tetrachloroethyle
ne
12
2W-4
8/1995
6,090
5/14/2018
3.8
2W-5
12/6/2007
15,100
5/14/2018
<5
2W-6
12/6/2007
3,920
5/14/2018
160
TW-03
7/9/2021
67.9
7/9/2021
67.9
Toluene 2
VP-2/VP
2A/TOW-3
3/6/1990
2,000
8/17/2000
2
3,800
GT4/MW-4
7/3/1990
8,600
8/17/2000
ND
2W-1
5/1995
2,720
5/1995
2,720
2W-3
8/1995
3
8/1995
3
2W-4
2/7/2014
1,800
5/14/2018
4.5
2W-5
12/6/2007
2,550
5/14/2018
<5
Trichloroethylene
1
2W-6
11/12/2013
890
5/14/2018
140
TMW-6
5/18/2018
36
5/18/2018
36
TW-03
7/9/2021
27.1
7/9/2021
27.1
2W-4
11/23/2015
37.6
5/14/2018
3.3
2W-5
10/18/2011
540
5/14/2018
290
2W-6
11/12/2013
52 J
5/14/2018
11
Vinyl chloride
0.15
TMW-6
5/18/2018
35
5/18/2018
35
TMW-11
3/14/2019
1.8 J
3/14/2019
1.8 J
TW-03
7/9/2021
1.19
7/9/2021
1.19
University Place Mall/22047-18-068/120ct2022

Maximum
Residential
Groundwater
Concentration
Date of
Most Recent
VI
Contaminant with
Sample
Date of
Exceeding
Most
Concentration
Screening
Potential for
Location
Sampling
Screening
Recent
(µg/L)
Levels
Vapor Intrusion
Sampling
Level /L
/L
VP-4/TOW-1
6/15/1990
220
9/22/2000
ND'
VP-3/TOW-2
6/15/1990
100
9/22/2000
ND
Xylenes2
VP-2/VP
2A/TOW-3
6/15/1990
940
8/17/2000
ND
77
VP-1/VP-
5/8/1997
640
8/17/2000
167
IA/TOW-4
GT4/MW-4
7/3/1990
11,000
8/17/2000
ND
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.
2 The Prospective Developer is not seeking liability protection for petroleum contamination at the
Brownfields Property due to continued use of petroleum products in certain source areas. Historical
contamination from the Chapel Hill Tire site in the northwestern area of the site, and the gasoline station
site in the southwestern area of the site are addressed under the Division of Waste Management UST
Section Incident Numbers 5372, 46402, and 46404. Liability protection through this Brownfields
Agreement will not be provided for these petroleum contaminants; however, the petroleum data is
included in Exhibit 2 for documentation purposes.
3 Method detection limits are not specified because analytical data packages are not available.
4 Prefixes were added to the well identifiers for two monitoring wells that were both historically located
within the Brownfields Property and were named MW-1 to distinguish between the two locations. WO-
MW-1 refers to the monitoring well installed in January 2013 at the Chapel Hill Tire site, and UST-MW-
1 refers to the monitoring well installed in January 2019 at the gas station site.
J — Estimated value between method detection limit and reporting limit
ND — Non -detect
NS — No established screening level
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 2022 version):
Concentration
Soil
Sample
Date of
Exceeding
Residential
Contaminant
Location
Depth (ft)
Sampling
Screening
Screening
Level
Level (mg/kg)
(mg/kg)
Petroleum
SB-3
1-2
5/16/2018
1,200
SB-4
0-1
5/16/2018
180
hydrocarbons,
20
C9-C 18
ali hatics2
SB-17
1-2
3/14/2019
91
University Place Mall/22047-18-068/120ct2022

Concentration
Soil
Sample
Date of
Exceeding
Residential
Contaminant
Location
Depth (ft)
Sampling
Screening
Screening
Level
Level (mg/kg)
(mg/ k
Petroleum
SB-1
4-5
5/16/2018
29
SB-3
1-2
5/16/2018
4,000
hydrocarbons,
20
SB-4
0-1
5/16/2018
440
Cll-C22
aromatics2
SB-17
1-2
3/14/2019
200
SB-1
4-5
5/16/2018
100
Total Petroleum
SB-3
1-2
5/16/2018
7,800
Hydrocarbons -
1001
DR02
SB-4
0-1
5/16/2018
2,400
SB-17
1-2
3/14/2019
140
Total Petroleum
GT4/MW-
Hydrocarbons -
4
11
6/25/1990
160
503
GR02
Phenanthrene
SB-4
0-1
5/16/2018
0.15 J
NS
Vinyl chloride
SB-3
1-2
5/16/2018
0.08 J
0.061
' 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.
2 The Prospective Developer is not seeking liability protection for petroleum contamination at the
Brownfields Property due to continued use of petroleum products in certain source areas. Historical
contamination from the Chapel Hill Tire site in the northwestern area of the site, and the gasoline station
site in the southwestern area of the site are addressed under the Division of Waste Management UST
Section Incident Numbers 5372, 46402, and 46404. Liability protection through this Brownfields
Agreement will not be provided for these petroleum contaminants; however, the petroleum data is
included in Exhibit 2 for documentation purposes.
3 The North Carolina action level for Total Petroleum Hydrocarbons - Gasoline Range Organics (TPH-
GRO) is 50 mg/kg and the action level for Total Petroleum Hydrocarbons — Diesel Range Organics (TPH-
DRO) is 100 mg/kg (per the July 26, 2016 memorandum from the North Carolina Department of
Environmental Quality UST Section).
J — Estimated value between method detection limit and reporting limit
NS — No established screening level
SUB -SLAB VAPOR
Sub -slab vapor 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 2022 version):
University Place Mall/22047-18-068/120ct2022

Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /rn
Residential
Screening
Level'
/m3
Acetone
SS-7
4/21/2022
8.48
NS
SS-8
4/21/2022
5.28
SS-10
4/21/2022
11.8
Chloroform
SS-4
3/13/2019
7
4.1
SS-5
3/13/2019
54
SS-6
3/13/2019
18
SV-02
7/9/2021
17.5
cis-1,2-
Dichloroethylene
SS-4
3/13/2019
0.2 J
NS
SS-5
3/13/2019
0.2 J
SS-6
3/13/2019
0.8 J
4-Ethyltoluene2
SS-1/DUP-1
3/13/2019
0.2 J/0.2 J
NS
SS-3
3/13/2019
0.2 J
SS-5
3/13/2019
0.2 J
SS-6
3/13/2019
0.15 J
Trichlorofluoromethane
SS-1/DUP-1
3/13/2019
1.1 J/1.1 J
NS
SS-2
3/13/2019
1.11
SS-3
3/13/2019
1.11
SS-4
3/13/2019
1.2 J
SS-5
3/13/2019
1.11
SS-6
3/13/2019
1.2 J
SV-01
7/9/2021
1.44
SV-02
7/9/2021
8.71
SS-7
4/21/2022
1.32
SS-8
4/21/2022
2.99
SS-10
4/21/2022
6.73
Tetrachloroeth lene
SV-02
7/9/2021
550
280
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.
2 The Prospective Developer is not seeking liability protection for petroleum contamination at the
Brownfields Property due to continued use of petroleum products in certain source areas. Historical
contamination from the Chapel Hill Tire site in the northwestern area of the site, and the gasoline station
site in the southwestern area of the site are addressed under the Division of Waste Management UST
Section Incident Numbers 5372, 46402, and 46404. Liability protection through this Brownfields
Agreement will not be provided for these petroleum contaminants; however, the petroleum data is
included in Exhibit 2 for documentation purposes.
J — Estimated value between method detection limit and reporting limit
NS — No established screening level
University Place Mall/22047-18-068/12Oct2022

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (January 2022 version):
Soil Gas Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level
/m3
Acetone
SG-7/SG-Du-1
9/29/2021
370/370
NS
SG-9
3/31/2022
9.14
SG-10
3/31/2022
3.72
SG-11/SG-Du -1
3/31/2022
48.9/46
SG-12
3/31/2022
24.9
SG-13A
4/21/2022
13.5
SG-14
3/31/2022
42.4
SG-15A
4/25/2022
42.1
SG-16A
4/25/2022
209
SS-17A
4/25/2022
5.97
SG-18
4/21/2022
121
SS-9
4/21/2022
8.77
Benzene
SG-7/SG-Du-1
9/29/2021
95/74
12
SG-8
9/29/2021
590
SG-11/SG-Du -1
3/31/2022
17.4/17.6
SG-12
3/31/2022
24.3
SG-14
3/31/2022
20.9
SG-16A
4/25/2022
47.6
Bromodichloromethane
SG-12
3/31/2022
38.3
2.5
SG-14
3/31/2022
5.78
Chloroform
SG-7/SG-Du-1
9/29/2021
18/17
4.1
SG-8
9/29/2021
4.4
SG-9
3/31/2022
41
SG-10
3/31/2022
12.2
SG-12
3/31/2022
512
SG-13A
4/21/2022
11.6
SG-14
3/31/2022
66.8
SG-15A
4/25/2022
51
SG-18
4/21/2022
14.2
cis-1,2-
Dichloroethylene
SV-1
3/1/2011
31.3
N S
SV-4
3/1/2011
1.6
SG-01
7/9/2014
19
SG-03
7/9/2014
180
SG-9
3/31/2022
476
University Place Mall/22047-18-068/12Oct2022
10

Soil Gas Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /rn
Residential
Screening
Level
/m3
cis-1,2-
Dichloroethylene
SG-10
3/31/2022
34.3
NS
SG-11/SG-Du -1
3/31/2022
1.45/1.38
SG-16A
4/25/2022
0.804
SG-18
4/21/2022
3.95
Ethylbenzene
SG-7/SG-Du-1
9/29/2021
54/50
37
SG-8
9/29/2021
1,400
SG-12
3/31/2022
53.3
SG-14
3/31/2022
38.3
4-Ethyltoluene
SG-7/SG-Du-1
9/29/2021
11/11
NS
SG-8
9/29/2021
30
SG-9
3/31/2022
4.05
SG-10
3/31/2022
2.02
SG- 11/SG-Du -1
3/31/2022
16.4/15.6
SG-12
3/31/2022
29
SG-13A
4/21/2022
6.15
SG-14
3/31/2022
20.6
SG-15A
4/25/2022
10.6
SG-16A
4/25/2022
1.63
SG-18
4/21/2022
20.9
Naphthalene
SG-7/SG-Du-1
9/29/2021
3.3/2.4
2.8
SG-8
9/29/2021
5.4
Tetrachloroethylene
SV-1
3/1/2011
361
280
SG-01
7/9/2014
330
SG-02
7/9/2014
130,000
SG-03
7/9/2014
11,000
SG-9
3/31/2022
2,654
Trichloroethylene
SV-1
3/1/2011
147
14
SG-01
7/9/2014
110
SG-02
7/9/2014
920
SG-03
7/9/2014
70
SG-7/SG-Du-1
9/29/2021
43/<0.4
SG-8
9/29/2021
20
SG-9
3/31/2022
684
SG-10
3/31/2022
66.7
Trichlorofluoromethane
SG-7/SG-Du-1
9/29/2021
1.5 J/2.6 J
NS
SG-9
3/31/2022
1.4
SG-10
3/31/2022
0.794
SG- 11/SG-Du -1
3/31/2022
2.13/1.94
SG-12
3/31/2022
2.08
SG-13A
4/21/2022
1.12
University Place Mall/22047-18-068/12Oct2022
11

Soil Gas Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /rn
Residential
Screening
Level
/m3
Trichlorofluoromethane
SG-14
3/31/2022
3.18
NS
SG-15A
4/25/2022
1.97
SG-16A
4/25/2022
1.62
SG-18
4/21/2022
0.695
SS-9
4/21/2022
1.36
Vinyl chloride
SV-1
3/1/2011
13.8
5.6
X lens
SG-8
9/29/2021
6,900
700
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 — No established screening level
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (January 2022 version):
Most Recent
Non -
Most Recent
Concentration
Residential
Indoor Air
Sample
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Screening
Level' 2
Level (µg/m3)
(µg/m)
cis-1,2-
IA-6
1 / 10/2012
2.4
N S
Dichloroeth lene
1 Screening limits displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2 Data is compared to non-residential screening levels because all available indoor air data is from the
Harris Teeter grocery store in the vicinity of the former American Dry Cleaners, which will remain as a
non-residential area.
NS — No established screening level
University Place Mall/22047-18-068/120ct2022
12

SURVEYOR'S CERTIFICATE
I, GREGORY C. BEWLEY, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION
DEED DESCRIPTION RECORDED AS SHOWN; THAT THE BOUNDARIES NOT
SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND
AS SHOWN; THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY IS
1:31 560+; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE
STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21
NCAC 56.1600).
I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: G.S.
47-30 (F)(11)(C)(1) THIS SURVEY IS OF AN EXISTING PARCEL OR
�N CARp4
.`
o •FESS
:o
_ •Q S
it `L 05
TOTAL AREA OF BROWNFIELDS EXHIBIT
1 ,718,403 SQ.FT.
39.45 AC.
PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN y ••• 8�'��`� I
EXISTING STREET. �����i„ C�;,���``�
WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL
N/F _
5
WILLOW TERRACE r C0
ROFESSIONAL LAND SURVEYOR L-4805 CONDOMINIUM
PIN:9799137408
PRELIMINARY D.B. 449, PG. 3,
.1/ / w�
/ TMW-7 0
N N
SB-1 WO-MW-1 d
/ SB-3/ Q o
\ / TMW-6 SS-6
2W2-s
SB-4 SB-17/
/ SS-5 TMW-11 SV-4A
38' �
SS-4 CHAPEL HILL
CAROLINA CYMRU LLC �� \ \ TIRE AREA SV-1 2W_4 o
PIN:9799131396.001 \ C0
D.B. 2790, PG. 22 / � C9 HARRIS TEETER SG-01
O� G < \ GROCERY STORE 3
\1 I- n
�
\ / �\ QJ0 �® ///// o \ \ \ HA-2* 2W-1 Fq
ff M
\ _ SG-02 • ;n
o
HA-1 2W-5 N
i
\ \ IA-6�
SG-03 2W-3
G,y �
N/F Ile ® 2W-7(�-
INTEGRATIVE PROPERTY
HOLDINGS LLC /
� 1f / SG 7 �
PIN:9799131048.001 i N/F
D.B. 6731, PG. 232
/ OLIN T BINKLEY RRPV UNIVERSITY �.
CHAPEL HILL LP BAPTIST CHURCH
PIN:9799134091 h'S� \ 2W-6 PIN:9799234058
D B 6561 PG 272 D.B. 195, PG. 65
/ 0 P.B. 124,,PPG.
142 a
CAROLINA GUYS LLC
PIN:9799120807
D.B. 3640, PG. 350 i
i
ORQ/yGE N/F
tq'% SqV/NG
1).e N'9�s9 SSOCS &�
219 p 8796
\ - 222/
N/F
WACHOVIA BANK / 47
PIN:9799028691
D.B. 227, PG. 1048�
ti
4
C
33.
L'
O
S \\
`Ssts \\ \
RRPV UNIVERSITY
CHAPEL HILL LP
\ ^ �\ PIN:9799121690
TMW-1 \ �\ D.B. 6561, PG. 272
P.B. 123, PG. 142
T
\ �C 90.1 O O/Ygy�
Cq 6ZAcF
O A pMFp� pr, �
• AG, 009 C " \
SS-1
RRPV UNIVERSITY CI
PIN:97992,
D.B. 6561, Fu. L i L
P.B. 124, PG. 142
SS-2
SS -
r
r
SG-9
SG-
1
\
�r
``\ o SG-118 S GT3/MW-3
\ \ VP-4/TOW-1
�M�'F<o4,%� 0 SG-13A . VP-2/ TOWVP--2
B srj9�9A�2C00C9C �`` .. TOW-3S MW-1o9g7N'q��F' SG -11z
VP-1/VP-1A%TOW- 4'`,,/
\
/
t"I i
\ ,MW 6 S>q
_'�GT1/MW-1
\ Ce 0 L3.
L5
\ z
CAMELOT/VIL
HOMEO LqE�
PIN:97WNERS INC j
D.B 99126009
4799, PG. 123 I
SV_O1$
K&W
RESTAURANT
SG-
0
N N
313
n
N rnrl
� I
go I
0
PROPERTY CURVE TABLE
CURVE
RADIUS
ARC LENGTH
CHORD BEARING
CHORD LENGTH
C1
1476.95'
163.36'
N 23'02'55" E
163.28'
C2
1476.95'
163.12'
N 29°22'52" E
163.04'
C3
1476.95'
618.43'
N 44`32'26" E
613.92'
C4
1476.95'
580.71'
N 67°48'00" E
576.97'
C5
1228.1 1 '
194.36'
N 83° 10' 1 1 " E
194.16'
C6
592.27'
271.74'
N 68'00'07" W
269.36'
C7
682.27'
159.40'
N 60°43'09" W
159.04'
ID
NC GRID (NAD83)
PROPERTY LINE TABLE
LINE
BEARING
DISTANCE
L1
N 81'05'37" W
50.00'
L2
S 08'54'23" W
50.00'
L3
S 81 °05'37" E
50.00'
L4
S 08°01'24" W
21.29'
L5
N 81 °03'59" W
94.80'
L6
N 54'54'46" W
7.92'
L7
S 63°46'58" E
65.09'
L8
S 35°09'58" E
49.81'
L9
S 54°59'08" E
58.59'
L10
S 23*55' 14" E
18.72'
L11
S 16°38'52" W
18.03'
L12
S 78°20'50" W
37.08'
GENERAL NOTES
1. THIS IS AN EXHIBIT TO THE NOTICE OF BROWNFIELDS.
2. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83.
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4. ZONING: CC PER TOWN OF CHAPEL HILL GIS
5. AREA BY COORDINATE GEOMETRY.
6. FLOOD NOTE: THIS PROPERTY IS PARTIALLY LOCATED IN A SPECIAL FLOOD HAZARD ZONE. IT IS LOCATED IN ZONES "AE"
AND "X" AS DEFINED BY F.E.M.A F.I.R.M COMMUNITY PANEL 3710979900L DATED 10/19/2018.
7. REFERENCES: AS SHOWN
8. UTILITY STATEMENT
THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE
SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA,
EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES
SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS
POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES.
9. THIS SURVEY PERFORMED AND MAP PREPARED WITHOUT BENEFIT OF A TITLE REPORT. THIS SURVEY SUBJECT TO ANY FACTS
AND EASEMENTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
10. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE
INFORMATION AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE
IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
I
1
r�
1 \ /
SAMPLE LOCATION I \�
GW3 IS LOCATED IN RANDOLPH /B
THE VICINITY OF I FALL LLC
THIS BUILDING, BUT PIN:9799228740
THE EXACT LOCATION I D.B. 6636, PG. 1523
CANNOT BE 1 _
DETERMINED FROM
THE PROVIDED I IN
EXHIBIT I GARLAND HAITMAN
I PIN:9799228630
ID B. 6687, PG. 2359
1 N/F
IIRICHARD I SCOLTOCK, ETgL PIN:9799228530
D.B. 2834, PG. 121
� N
IMARK FOSTER, ET AL.
PIN:9799228413
D.B. 6644, PG. 690
N/F
I MATTHEW STEERS, ET.AL.
1 PIN:9799228326
10 D.B. 6338, PG. 391
o -' N
Q m a I PHILIP PAGE
I PIN:9799227296
3 = D.B. 4833, PG. 162
0 3
�w
=rm N/F
�- Q RONALD CLARK, ET.AL
N p Q PIN:9799227197
8> D.B. 6738, PG. 2215
1
IWILLIAM WARD ET,AL.
PIN:9799227079
I D.B. 5485, PG. 104
I I
N/F
I EAVID BE CHER, ET.AL
PIN:9799227071
1 D B. 5335, PG. 149
1 1
1 JASON AN ERSON, ET.AL
PIN:9799217962
D.B. 6094, PG. 384
_ 1
1
�ALEXANDER M CUMBER, ET -AL.
LPIN:9799217853
D�B. 6480, PG. 199
I LEGEND
IWO
1 C0 2
^
1 II
1 W =
v�iQ�Na
N/F
Zw1=Jrn
PUBLIC SERVICE
1 o w '-
COMPANY OF NC INC J °'
co
PIN:9799214614
r°
w a
ild
° D.B. 158, PG. 358
I
II I
o
I
■
CONCRETE MONUMENT
o
EXISTING IRON PIPE
•
IRON PIPE SET
A
CALCULATED POINT
GROUNDWATER SAMPLE
®
GROUNDWATER AND SOIL SAMPLE
®
SOIL SAMPLE
$
SUB -SLAB VAPOR SAMPLE
SOIL GAS SAMPLE
INDOOR AIR
BROWNFIELDS PROPERTY
PROPERTY LINE (SUERVEYED)
-
PROPERTY LINE (NOT SURVEYED)
------
EASEMENT LINE
GRAPHIC SCALE
0 50 100 200
1 inch = 100 ft.
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
PROPERTY OWNER
AND
PROSPECTIVE DEVELOPER
RRPV UNIVERSITY CHAPEL HILL LP
4801 PGA BLVD
PALM BEACH GARDENS, FL 33418
cn
w
cn
W
ILL!
a
o
00
OOC
Rt
z
V 1
co00
J
Q
J
N
Cl
Q
Lu
O
U
LL
N
rn
`�
W
p
N
Z
rn
r-CY)
O
z
N
O
N
°'
aJ
�
�Q�J�ooCall
N
Q
z
W
N
�
U
O
>
N
rn
Q
a
V
N
z
o
,w
Q
rq
Q
w
a
�
J
=
Zj
O
Z
N
N
i
C)CY)W
NLU
J
uw
a
N
O^i
U
ILL~
L
N
z
O
O
O
N
M
W
m
N
Sri
r-I
N
M�
W
Lf1
i
O
N
X
O
W
REVISIONS
NO. DATE
PROJECT NO. 2021110551
FILENAME
2021110551-F1
CHECKED BY
GCB
DRAWN BY
DJM
SCALE
1"=100'
DATE
6/07/2022
SHEET
BROWNFIELDS PLAT
SHEET NUMBER
1-3