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Property Owners: PR/SC Camden Exchange Owner LP and 1600 South End Ventures, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Clawson Radiator II
Brownfields Project Number: 25026-21-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by PR/SC Camden Exchange Owner 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.
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The Brownfields Property is comprised of five parcels, consisting of 0.86 acres, and located
at 1600 and 1612 Camden Rd., 109, 115 and unnumbered W. Park Ave., Charlotte, Mecklenburg County. The majority of the Brownfields Property (1612 Camden Rd., 109, 115, and unnumbered W. Park Ave.) was developed with residences and retail shops from at least 1929 until the mid-2000s. The northeastern portion of the Brownfields Property 1600 Camden Rd. (PIN 12306110) was formerly occupied by a gasoline fueling station from at least the 1920's through the 1950's. In
the 1950's, this portion of the Brownfields Property was occupied by City Tire, an automotive repair facility, and an automotive repair facility, including Clawson Radiator, continued to operate on the parcel until the 1990s. This parcel was later redeveloped in 2004 with an approximate 6,947 square foot multi-tenant office building under the Brownfields Program (Camden Road Brownfields Project ID # 07018-03-060). The Prospective Developer intends to redevelop the
Brownfields Property for no uses other than high-density residential, retail, office, restaurant, parking, and with DEQ’s prior written approval, other commercial uses. Soil, groundwater, and soil gas are impacted at the Brownfields Property. 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. To the extent that any portion of the Brownfields Property as depicted on the survey plat referenced below in paragraph 16 and recorded in the Mecklenburg County land records on
______________ at Book ___________, Page ___________ (“Clawson Radiator II Brownfields Plat”) is subject to the Camden Road Brownfields Agreement (NCBP# 07018-13-060) previously recorded in the Mecklenburg County Register of Deeds, Book 19816, Pages 723-750 on December 28, 2005, this Agreement SUPERSEDES the Camden Road Brownfields Agreement as to all of
the Brownfields Property depicted on the Clawson Radiator II Brownfields plat and replaces the
previous land use restrictions applicable to any portion of the Brownfields Property depicted on the Clawson Radiator II Brownfields Plat with those provided below in subparagraphs 12(a) through 12(m) upon the filing of the Notice of Brownfields Property. It is the intent of DEQ and the Prospective Developer that the execution and recordation of this Agreement between DEQ and
Prospective Developer shall not in any way impact any other person’s existing liability protection
under the Brownfields Property Reuse Act and the previously entered Camden Road Brownfields Agreement. Specifically, to the extent allowable under law, this Agreement shall not alter the existing liability protection of any applicable person identified in Section 130A-310.33 of the Brownfields Property Reuse Act as provided by the Camden Road Brownfields Agreement. Land
use restrictions set forth in this Brownfields Agreement and authorized by N.C. Gen. Stat. § 130A-
310.35 shall become immediately applicable. 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
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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. The following land use restrictions are hereby imposed
on the Brownfields Property and, as previously referenced herein, to the extent that any portion of the Brownfields Property as shown on the Clawson Radiator II Brownfields Plat is subject to the Camden Road Brownfields Agreement, the land use restrictions placed herein supersede and replace the original land use restrictions recorded for such property:
a. No use may be made of the Brownfields Property other than for high density
residential, office, retail, restaurant, parking, and with DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. “High Density Residential” is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
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usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in writing by DEQ in advance. ii. “Office” defined as the provision of business or professional services.
iii. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and/or beverage products. iv. “Restaurant” defined as a commercial business establishment that prepares and serves food and/or beverages to patrons.
v. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. vi. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 4 above; iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment.
c. No later than January 31 after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
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i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included). d. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 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.b., or a plan approved in writing in advance by DEQ.
e. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”; ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken and; iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.
f. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
g. Soil may not be removed from, or brought onto, the Brownfields Property
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without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b. h. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that: i. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been: 1. designed to mitigate the intrusion of subsurface vapors into 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 a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of public health, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and 2. installed and an installation report is submitted for written DEQ
approval that includes as-built diagrams, photographs, and a description of the installation, with said engineer’s professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as well as the
engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health. i. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
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in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
ii. as 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; and iii. as constituents of products and materials customarily used and stored in high-density residential, retail, office, restaurant, parking, and subject to prior written DEQ
approval, other commercial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws. l. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and/or rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease and/or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts
of leases, rather than full copies of said leases, to the persons listed in Section XVII. m. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time the grantor owned the
Brownfields Property during the calendar year of the transfer. The submitted LURU shall state the following: i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
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joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year; ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.h. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 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.
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__.
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PR/SC CAMDEN EXCHANGE OWNER LP a Delaware limited liability company By: PR/SC Camden Exchange Owner GP LLC,
a Delaware limited liability company its general partner By: 1600 CAMDEN MF, LLC, a Delaware limited liability company
its authorized signatory By: 1600 CAMDEN MF HOLDINGS, LLC, a Delaware limited liability company its sole member
By: __________________________________________ David Channon Vice President
NORTH CAROLINA _______________ COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________
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ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land use restrictions contained herein.
1600 South End Ventures, LLC, By: _______________________________________________ ________________________ Robert A. McIntosh Date Manager
NORTH CAROLINA _______________ COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _____________________
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APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY The foregoing Notice of Brownfields Property is hereby approved and certified. North Carolina Department of Environmental Quality
By: _________________________________________ ________________________ Michael E. Scott Date Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: PR/SC Camden Exchange Owner LP UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Clawson Radiator II OF 1997, NCGS § 130A-310.30, et seq. ) 1600 and 1612 Camden Rd., Brownfields Project No. 25026-21-060 ) 109, 115, and unnumbered ) West Park Ave. ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and PR/SC Camden Exchange Owner LP
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the “Act”) for the property located at 1600 and 1612 Camden Rd., 109,
115 and unnumbered W. Park Ave., Charlotte, Mecklenburg County (the “Brownfields
Property”). A map showing the location of the Brownfields Property that is the subject of this
Agreement is attached hereto as Exhibit 1.
The Prospective Developer is PR/SC Camden Exchange Owner LP, a limited liability
corporation, with an address of c/o Stiles Corporation, 201 E. Las Olas Boulevard, Ft.
Lauderdale, Florida 33301. The primary point of contact for the Prospective Developer is Yates
Marr, of the same address. David Channon, who is the Vice President of 1600 Camden MF
Holdings, LLC, which is the sole member of 1600 Camden MF, LLC, an authorized signatory of
PR/SC Camden Exchange Owner GP, LLC, which is the general partner of the Prospective
Developer, is the signatory to this Agreement.
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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 PR/SC Camden Exchange Owner LP for contaminants at the Brownfields
Property.
The Parties agree that PR/SC Camden Exchange Owner LP’s entry into this Agreement,
and the actions undertaken by PR/SC Camden Exchange Owner LP in accordance with the
Agreement, do not constitute an admission of any liability by PR/SC Camden Exchange Owner
LP for contaminants at the Brownfields Property. The resolution of this potential liability, in
exchange for the benefit PR/SC Camden Exchange Owner 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 PR/SC Camden Exchange Owner LP.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
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Property is provided in the following summary table. Refer to Exhibit 2 to this Agreement that
presents data table(s) of the contaminants present at the Brownfields Property at concentrations
above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel IDs
1600 (PIN 12306110) and 1612 (PIN 1236109) Camden Rd., 109 (PIN 12306111), 115 (PIN 12306112) and unnumbered (PIN 12306123) W. Park Ave.
Acreage 0.86
Current Property Owner
PINS 12306123, 12306112, 12306111, and 12306109 are
owned by Prospective Developer. PIN 12306110 is owned by 1600 South End Ventures, LLC.
Current Land Use(s) Commercial
Site Vicinity Land Use(s)
Commercial and residential uses. The West Kingston Brownfields Property (BP#16003-12-060) is located adjacent
and to the west, and the C.C. Dickson Brownfields Property (BP# 02009-98-060) is located across Camden Road to the east of the Brownfields Property. An Inactive Hazardous Sites Branch site, Clawson Radiator (NONCD0002845), is located across West Park Avenue to the north of the Brownfields
Property.
Proposed Reuse(s)
High-density residential, retail, office, restaurant, parking,
and with DEQ’s prior written approval, other commercial
uses
Public Benefits of Reuse
An increase in the Brownfields Property’s productivity; a spur
to additional community investment and redevelopment; the creation of construction and commercial jobs; an increase in tax revenue for affected jurisdictions; expanded use of public transportation; and “smart growth” through use of land in an
already developed area.
Existing Land Use Restrictions Prior to
Brownfields Agreement
The Camden Road Brownfields Agreement (BP# 07018-03-
060) applies only to PIN 12306110 (1600 Camden Road).
ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
The majority of the Brownfields Property (1612 Camden Rd., 109, 115, and unnumbered W. Park Ave.) was developed with residences and retail shops from at least 1929 until the mid-2000s.
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ENVIRONMENTAL INFORMATION SUMMARY
The northeastern portion of the Brownfields Property 1600
Camden Rd. (PIN 12306110) was formerly occupied by a gasoline fueling station from at least the 1920's through the 1950's. In the 1950's, this portion of the subject property was occupied by City Tire, an automotive repair facility, and an automotive repair facility continued to operate on the parcel
until the 1990s. Three underground storage tanks (USTs) were removed from this parcel in 2003 (NC DEQ UST Incident # 27581). The NC DEQ UST Section issued a No Further Action Letter for the parcel on October 21, 2003. This
parcel was later redeveloped in 2004 with an approximate
6,947 square foot multi-tenant office building under the Brownfields Program (Camden Road Brownfields Project ID # 07018-03-060).
Current Operations/Activities
The Brownfields Property is developed with a vacant single-story approximate 3,600 square foot restaurant building, an approximate 6,947 square foot vacant office building, and surface parking.
Contaminated Media
Soil: Volatile organic compound (VOCs), semi-volatile organic compounds (SVOCs), and metals were detected
above Residential Preliminary Soil Remediation Goals.
Groundwater: VOCs were detected above NC 2L Groundwater Quality Standards and NC Vapor Intrusion Groundwater Screening Levels.
Exterior Soil Gas: VOCs were detected at concentrations exceeding NC Residential Soil Gas Screening Levels.
ID Numbers/Permits Camden Road Brownfields Project (ID # 07018-03-060); NC DEQ UST Incident # 27581
Onsite Receptors Considered New development, construction workers and future residents
Potential Offsite Receptors
Considered
i. The NCBP Receptor Survey in on file. ii. Water supply wells: No water supply wells were
identified within 1,500 feet of the property.
iii. Buildings on adjacent properties.
Potential offsite migration pathways Groundwater: VOCs were detected in groundwater.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
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the “Environmental Reports,” include, but are not limited to, those that the Prospective
Developer obtained or commissioned regarding the Brownfields Property:
Title Prepared by Date of Report
Report of Site Assessment Hart & Hickman August 6, 2003
Phase I Environmental Site Assessment Hart & Hickman October 9, 2003 Brownfields Site Assessment Report Hart & Hickman December 27, 2004
Groundwater Sampling Report Hart & Hickman January 27, 2009
Groundwater Sampling Report Hart & Hickman August 16, 2012
Phase I Environmental Site Assessment ECS Southeast, LLP February 12, 2021 Report of Environmental Assessment Services ECS Southeast, LLP May 25, 2021
Brownfields Assessment Report and Receptor Survey ECS Southeast, LLP February 4, 2022
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 March 19, 2021, submitting
a request to amend the Brownfields Property Application on October 11, 2022, conducting
environmental due diligence, overseeing and carrying out office operations, and purchasing
PINS 12306123, 12306112, 12306111, and 12306109 on July 25, 2022.
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
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environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
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
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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 1,000 temporary construction and approximately
95 full-time commercial jobs;
d. an increase in tax revenue for affected jurisdictions;
e. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint;
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”); and
g. additional high-density residential, retail, office, restaurant, parking, and other
commercial 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
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
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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 and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section XI of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) as specified in subparagraph 12.b. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 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. To the extent that any portion of the Brownfields Property as depicted on the
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survey plat referenced below in paragraph 16 and recorded in the Mecklenburg County land
records on ___________ at Book ___________ , Page ___________ (“Clawson Radiator II
Brownfields Plat”) is subject to the Camden Road Brownfields Agreement (NCBP# 07018-13-
060) previously recorded in the Mecklenburg County Register of Deeds, Book 19816, Pages
723-750 on December 28, 2005, this Agreement SUPERSEDES the Camden Road Brownfields
Agreement as to all of the Brownfields Property depicted on the Clawson Radiator II
Brownfields plat and replaces the previous land use restrictions applicable to any portion of the
Brownfields Property depicted on the Clawson Radiator II Brownfields Plat with those provided
below in subparagraphs 12(a) through 12(m) upon the filing of the Notice of Brownfields
Property. It is the intent of DEQ and the Prospective Developer that the execution and
recordation of this Agreement between DEQ and Prospective Developer shall not in any way
impact any other person’s existing liability protection under the Brownfields Property Reuse Act
and the previously entered Camden Road Brownfields Agreement. Specifically, to the extent
allowable under law, this Agreement shall not alter the existing liability protection of any
applicable person identified in Section 130A-310.33 of the Brownfields Property Reuse Act as
provide by the Camden Road Brownfields Agreement. Land use restrictions set forth in this
Brownfields Agreement and authorized by N.C. Gen. Stat. § 130A-310.35 shall become
immediately applicable. All references to DEQ shall be understood to include any successor in
function.
a. No use may be made of the Brownfields Property other than for high density
residential, office, retail, restaurant, parking, and with DEQ’s prior written approval, other
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commercial uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
ii. “Office” defined as the provision of business or professional services.
iii. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and/or beverage products.
iv. “Restaurant” defined as a commercial business establishment that
prepares and serves food and/or beverages to patrons.
v. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
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in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 4 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
c. No later than January 31 after each one-year anniversary of the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
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that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 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.b., or a plan approved in
writing in advance by DEQ.
e. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
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carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.
f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
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that:
i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
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 a professional engineer licensed in North Carolina,
as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as-built diagrams, photographs, and a description of the installation, with
said engineer’s professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
i. Neither DEQ, nor any party conducting environmental assessment or
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remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as 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; and
iii. as constituents of products and materials customarily used and stored
in high-density residential, retail, office, restaurant, parking, and subject to prior written DEQ
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approval, other commercial environments, provided such products and materials are stored in
original retail packaging and used and disposed of in accordance with applicable laws.
l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and/or rider is identical in form, the owner conveying an interest
may provide DEQ with copies of a form lease and/or rider evidencing compliance with this
paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts
of leases, rather than full copies of said leases, to the persons listed in Section XVII.
m. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
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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 the grantor owned the
Brownfields Property during the calendar year of the transfer. The submitted LURU shall state
the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.h. above are performing as designed, and whether the uses of the ground
floors, 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.
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.
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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.i. above, while Prospective Developer owns the Brownfields Property, Prospective Developer
shall provide DEQ, its authorized officers, employees, representatives, and all other persons
performing response actions under DEQ oversight, access at all reasonable times to other
property controlled by Prospective Developer in connection with the performance or oversight of
any response actions at the Brownfields Property under applicable law. Such access is to occur
after prior notice and using reasonable efforts to minimize interference with authorized uses of
such other property except in response to emergencies and/or imminent threats to public health
and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall
provide reasonable notice to Prospective Developer of the timing of any response actions to be
undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set
forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement
authorities related thereto, under the Act and any other applicable statute or regulation, including
any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
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Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VI (Work to Be Performed) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Mecklenburg County,
North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ___________, Page ____________.” A copy of any
such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions),
though financial figures and other confidential information related to the conveyance may be
redacted to the extent said redactions comply with the confidentiality and trade secret provisions
of the North Carolina Public Records Law. Prospective Developer may use the following
mechanisms to comply with the obligations of this paragraph: (i) If every lease and/or rider is
identical in form, Prospective Developer may provide DEQ with copies of a form lease and/or
rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
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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 while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 31.a. below of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
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DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated March 19, 2021, by which it applied for this
Agreement. 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. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
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Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
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.
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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 § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
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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
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12.a above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
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
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and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
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.
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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, courier service, or email, 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:
Yates Marr (or successor in function) PR/SC Camden Exchange Owner LP c/o Stiles Corporation 201 E. Las Olas Boulevard
Ft. Lauderdale, Florida 33301 yates.marr@stiles.com Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
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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
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
28
Clawson Radiator II/25026-21-060/20221118
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.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED: PR/SC CAMDEN EXCHANGE OWNER LP a Delaware limited liability company
By: PR/SC Camden Exchange Owner GP LLC, a Delaware limited liability company its general partner
By: 1600 CAMDEN MF, LLC,
29
Clawson Radiator II/25026-21-060/20221118
a Delaware limited liability company its authorized signatory
By: 1600 CAMDEN MF HOLDINGS, LLC, a Delaware limited liability company its sole member
By: ____________________________________________________________________________ David Channon Date Vice President
FIGURE 1
USGS TOPOGRAPHIC MAP
CLAWSON RADIATOR
1600 & 1614 CAMDEN DRIVE AND
109 & 115 WEST PARK AVENUE
CHARLOTTE, NORTH CAROLINA
ECS PROJECT NO. 49:13075-B
SOURCE:
USGS 7.5’ TOPOGRAPHIC MAP
CHARLOTTE EAST, NC
2019
SCALE:
AS SHOWN
SITE
LOCATION
EXHIBIT 1
25026-21-060/Clawson Radiator II (20221118)
1
Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on December 22, 2021. The following table sets forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2022 version):
Groundwater Contaminant Sample Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Standard
(µg/L)
Benzene
MW-3 12/22/2021 594
1 MW-3/DUP-1 12/22/2021 669
1,2-Dichloroethane MW-1 12/22/2021 1.8 0.4 GW-6 4/12/2021 1.7
Naphthalene MW-3/DUP-1 12/22/2021 6.6 6
Tetrachloroethylene GW-7 4/12/2021 0.84 J 0.7
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management July 2022 version):
25026-21-060/Clawson Radiator II (20221118)
2
Groundwater
Contaminant with Potential for Vapor Intrusion
Sample Location Date of Sampling
Concentration Exceeding Screening
Level (µg/L)
Residential VI Screening Level1
(µg/L)
Benzene
MW-3 12/22/2021 594
1.6 MW-3/DUP-1 12/22/2021 669
Mercury MW-1 12/22/2021 0.20 J 0.18
Naphthalene
MW-3 12/22/2021 5.6
4.6 MW-3/DUP-1 12/22/2021 6.6
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.
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 (July 2022 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding
Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Arsenic SB-4 0-5 12/21/2021 13.9 0.68
Benzene SB-8 5-10 12/21/2021 7.9 1.2
Benzo(a)anthracene SB-4 0-5 12/21/2021 1.4 J 1.1
Benzo(a)pyrene SB-5 5-10 12/21/2021 0.49 0.11
Benzo(b)fluoranthene SB-4 0-5 12/21/2021 1.5 J 1.1
Benzo(g,h,i)perylene SB-5 5-10 12/21/2021 0.32 J NE
Cadmium SB-4 0-5 12/21/2021 5.8 1.4
Ethylbenzene SB-4 0-5 12/21/2021 11.9 6.1 SB-8 5-10 12/21/2021 11.9
25026-21-060/Clawson Radiator II (20221118)
3
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Hexavalent Chromium
SB-1 0-5 12/21/2021 0.95 J
0.31
SB-5 5-10 12/21/2021 0.49 J
SB-6 5-10 12/21/2021 0.56 J
SB-7 8-10 12/21/2021 0.67 J
SB-7/DUP-1 8-10 12/21/2021 0.41 J
SB-8 5-10 12/21/2021 0.93 J
SB-9 5-10 12/21/2021 3.5
p-
Isopropyltoluene
SB-2 0-5 12/21/2021 0.013
NE SB-4 0-5 12/21/2021 1.1
SB-8 5-10 12/21/2021 4.4
Lead SB-4 0-5 12/21/2021 768 400
Naphthalene SB-4 0-5 12/21/2021 4.7 2.1 SB-8 5-10 12/21/2021 6.9
Phenanthrene SB-5 5-10 12/21/2021 0.28 J NE
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NE – No established screening level 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 (July 2022 version):
Soil Gas Contaminant
Sample Location Date of Sampling
Concentration
Exceeding Screening
Level (µg/m3)
Residential
Screening Limit1
(µg/m3)
Acetone SG-1 12/22/2021 210 NE
Benzene SG-2 12/22/2021 26,000 12 SG-5 12/22/2021 160
Cyclohexane SG-2 12/22/2021 140,000 42,000
25026-21-060/Clawson Radiator II (20221118)
4
Ethanol
SG-1 12/22/2021 21
NE
SG-3 12/22/2021 13 J
SG-3/SG-DUP 12/22/2021 13 J
SG-4 12/22/2021 73
Ethylbenzene SG-2 12/22/2021 8,500 37
4-Ethyltoluene
SG-1 12/22/2021 1.1
NE
SG-2 12/22/2021 2,200
SG-3 12/22/2021 0.53 J
SG-3/SG-DUP 12/22/2021 0.39 J
SG-4 12/22/2021 0.49 J
Heptane SG-2 12/22/2021 220,000 2,800 SG-5 12/22/2021 30,000
Hexane SG-2 12/22/2021 440,000 4,900 SG-5 12/22/2021 43,000
Trichlorofluorometha
ne
SG-1 12/22/2021 0.65 J
NE
SG-3 12/22/2021 1.1 J
SG-3/SG-DUP 12/22/2021 1.1 J
SG-4 12/22/2021 1.1 J
1,2,4-Trimethylbenzene SG-2 12/22/2021 3,900 420
1,3,5-Trimethylbenzene SG-2 12/22/2021 2,500 420
m&p-xylene SG-2 12/22/2021 10,000 700 1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NE – No established screening level
SUB-SLAB 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 (July
2022 version):
25026-21-060/Clawson Radiator II (20221118)
5
Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Limit1
(µg/m3)
Acetone
SS-1 12/21/2021 29
NE SS-2 12/21/2021 32
SS-2/DUP-1 12/21/2021 42
Ethanol
SS-1 12/21/2021 80
NE SS-2 12/21/2021 200
SS-2/DUP-1 12/21/2021 210
4-Ethyltoluene SS-1 12/21/2021 0.39 J NE SS-2/DUP-1 12/21/2021 0.39 J
Trichlorofluorometha
ne
SS-1 12/21/2021 25
NE SS-2 12/21/2021 1.3 J
SS-2/DUP-1 12/21/2021 1.3 J
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NE – No established screening level
105010Vicinity Map - Not to ScaleGraphicScaleText Scale: 1" = 10'Project Number: 2021996Date: 11/17/2022Drawn By:YLGReviewed By:JDBSheet 1 of 2Sealed By:SFMPlot Date: 11/17/2022No.DateByRevision1234PRELIMINARY201 West 29th StreetCharlotte, NC 28206Phone: (704) 337-8329Fax: (704) 308-3153License No.: F-1388www.gpinet.comGEOMATICS | LiDAR | PHOTOGRAMMETRYGPI GEOSPATIAL, INC.EXHIBIT Bto the Notice of Brownfields Property-SURVEY PLATOwners: 1600 Camden Road - 1600 South EndVentures LLC, 1612 Camden Road, 109 and115 West Park Avenue, and Parcel 12306123-PR/SC Camden Exchange Owner LPProspective Developer:PR/SC Camden Exchange Owner LPCity of Charlotte, Mecklenburg CountyNorth CarolinaBrownfields Project Name: Clawson Radiator IIBrownfields Project No: 25026-21-060 Deed Reference(s): 37524-831, 31600-958Tax Parcel No(s): 12306109, 12306110, 12306111,12306112, 12306123Point Legend:SymbolAbbrDescription-Monumentation-EIPExisting Iron PinIPSIron Pin Set (#5 Rebar)PTCalculated Point-Miscellaneous-N/FNow or FormerlyCGFCombined Grid FactorDBDeed BookMBMap Book(TYP)Typical(POB)Point of BeginningSoil SampleSoil Gas SampleSub-slab Soil Gas SampleGroundwater SampleLine Legend:SymbolDescriptionBrownfields Property LineAdjoiners Property LineRight-of-Way
105010Vicinity Map - Not to ScaleGraphicScaleText Scale: 1" = 10'Project Number: 2021996Date: 11/17/2022Drawn By:DLBReviewed By:JDBSheet 2 of 2Sealed By:SFMPlot Date: 11/17/2022No.DateByRevision1234PRELIMINARY201 West 29th StreetCharlotte, NC 28206Phone: (704) 337-8329Fax: (704) 308-3153License No.: F-1388www.gpinet.comGEOMATICS | LiDAR | PHOTOGRAMMETRYGPI GEOSPATIAL, INC.EXHIBIT Bto the Notice of Brownfields Property-SURVEY PLATOwners: 1600 Camden Road - 1600 South EndVentures LLC, 1612 Camden Road, 109 and115 West Park Avenue, and Parcel 12306123-PR/SC Camden Exchange Owner LPProspective Developer:PR/SC Camden Exchange Owner LPCity of Charlotte, Mecklenburg CountyNorth CarolinaBrownfields Project Name: Clawson Radiator IIBrownfields Project No: 25026-21-060 Deed Reference(s): 37524-831, 31600-958Tax Parcel No(s): 12306109, 12306110, 12306111,12306112, 12306123
CHAR2\2740176v1
Exhibit C – Legal Description Clawson Radiator II Brownfields Property NCBP #25026-21-060
Measured Description
BEGINNING at an existing EPK nail in the southern right of way of West Park Avenue, a 60-foot
public right of way, as shown in Map Book 209, Page 409 of the Mecklenburg County Registry
and marking the northeastern most corner of RG Park & Kingston, LLC (now or formerly) as
described in Deed Book 36277, Page 481; THENCE along the southern right of way of West Park
Avenue the following two (2) courses and distances: 1) South 59 degrees 12 minutes 18 seconds
East, a distance of 110.00 feet to a point; 2) THENCE South 59 degrees 21 minutes 31 seconds
East, a distance of 92.38 feet to a point in the southern right of way of West Park Avenue and the
western right of way of Camden Road, an apparent 60-foot public right of way; THENCE with the
right of way of Camden Road South 37 degrees 26 minutes 09 seconds West, passing an existing
iron pin at a distance of 118.31 feet, a total distance of 195.92 feet to a point in the northern right
of way of a 10-foot unnamed alleyway, as shown in Map Book 209, Page 409; THENCE along
the northern right of way of the unnamed alleyway North 59 degrees 45 minutes 19 seconds West,
passing an existing PK nail at a distance of 69.17 feet, a total distance of 179.17 feet to a new #5
rebar along the easterly line of the aforementioned RG Park & Kingston, LLC; THENCE with said
line North 30 degrees 37 minutes 48 seconds East, a distance of 196.08 feet to the POINT OF
BEGINNING, having an area of 0.854 Acres, more or less.