24008_Selles Bagwell_Full NI

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Selles Bagwell Brownfields Project Number: 24008-20-060 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 March 17, 2023, 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. Chief Brownfields Redevelopment Section Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

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Property Owner: HANIMPJV South End NC, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Selles Bagwell Brownfields Project Number: 24008-20-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 2023 by HANIMPJV South End NC, LLC (“Prospective Developer”). This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.
The Brownfields Property consists of one parcel comprising approximately 4.062 acres, located at 2301 South Tryon Street, Charlotte, Mecklenburg County. The current parcel is a re-

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combination of six parcels at 2301, 2311, 2321, and 2405 S. Tryon Street, and 2300 and
2322/2324 Distribution Street. Historically the Brownfields Property was largely undeveloped land with two small buildings used by Standard Memorial Works and Beasley Coal in the 1930s, and a single-family residence in the 1940s. During the 1950s the land was cleared, and during the 1960s through the 1980s, commercial office/warehouse buildings were constructed on the
Brownfields Property. Light industrial and commercial businesses included: Interstate Electric
Company (electrical contracting), Selles Bagwell (textile machinery), Best Tile (floor tile storage and distribution), Kelly & McArdle Construction (general contractor), World of Stone (stone countertop fabricator) and a variety of commercial and retail tenants including auto parts and service, laboratory supplies, janitorial supplies, metal distributor, specialty tool supplies, martial
arts studio, garage door company, wood shop, a retail grill store and pet food store. Historic off-
site and on-site activities are suspected to have contributed to environmental impacts in soil, soil gas, and groundwater at the Brownfields Property. Demolition of the buildings on the Brownfields Property began in December 2021. HANIMPJV South End NC, LLC has committed itself to redevelop the Brownfields Property for no uses other than high-density
residential, office, parking, retail, recreational, warehousing, and with prior written DEQ
approval, other commercial and industrial uses. 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

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level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 13 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property:

Land Uses a. No use may be made of the Brownfields Property other than for high-density residential, office, parking, retail, recreational, warehousing, and with prior written DEQ
approval, other commercial and industrial uses. These land uses and their definitions below
apply solely for purposes of this agreement, and do not waive any local zoning, rule, regulation, or permit requirements: 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 is defined as the provision of business or professional services.
iii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same.
iv. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
v. Recreational 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, clubhouses, sports-
related courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic and
public gathering areas, campgrounds, boat docks, and marinas.
vi. Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses

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among others, and also refers to the storage of goods and materials for a specific commercial
establishment of a group of establishments in a particular type of industry or commercial activity.
vii. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee, or licensee.
viii. Industrial is defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.
Environmental Management Plan b. 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:
i. demolition of existing structures, if applicable; ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph III above, and Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered or newly accessible potential sources of environmental contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); iv. plans for the proper characterization of, and, as necessary, disposal of
building materials or contaminated soils excavated during redevelopment; and
v. plans for the proper removal of any above ground storage tanks (ASTs). Redevelopment Summary Report
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then-owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;

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iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice referenced in paragraph 17 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.
Groundwater e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 13.b., or a plan approved in
writing in advance by DEQ.
Soil f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways. g. Unless otherwise approved by DEQ in writing after results of final grade soil sampling are received in accordance with subparagraph 13.f, above, no activity that disturbs soil
on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any

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such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and iv. in connection with work conducted in accordance with a DEQ-approved EMP as outlined above in subparagraph 13.b. h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 13.b. Vapor Intrusion
i. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 17, below, may be occupied until DEQ determines in writing that: i. the building is or would be protective of the building’s users and public
health from risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or ii. a vapor intrusion mitigation system (VIMS) has been: 1. designed to mitigate vapors for subgrade building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute
(ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that said design shall fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to
prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ approval that includes details on any deviations from the system design, as-built diagrams, photographs, and a description of the installation with said engineer’s professional seal confirming that the system was installed per the DEQ-approved design and will be protective of
public health.
j. No occupancy of the Brownfields Property may occur until a work plan for the sampling of sub-slab vapor and concurrent indoor air sampling is approved by DEQ, and until the first round of sampling activities under the work plan is completed to DEQ’s written satisfaction. The work plan, which may be included with the Vapor Intrusion Mitigation Plan
in accordance with subparagraph 13.i above to be approved in advance in writing by DEQ will
include, at a minimum, the following: i. details on schedule and methodology for installation and sampling of permanent sub-slab vapor monitoring points and sampling of indoor air for VOCs by EPA Method TO-15;
ii. post-occupancy semi-annual sub-slab vapor and concurrent indoor air
sampling will be completed in accordance with the Vapor Intrusion Mitigation Plan, dated April 29, 2022 and approved by DEQ March 2, 2022, as may be amended with DEQ written approval.

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Specifically, in accordance with said DEQ-approved Vapor Intrusion Mitigation Plan, post-
occupancy sub-slab soil gas sampling will be completed approximately 6 months following the pre-occupancy sampling event, followed by one additional event completed approximately 6 months later, for a total of three sampling events (including pre-occupancy sampling). A pre-occupancy and post-occupancy indoor air sampling event will also be conducted. If the first
post-occupancy indoor air sampling event indicates consecutively consistent or decreasing
concentrations within acceptable risk levels, a request to terminate indoor air sampling may be submitted for DEQ review and written approval. If additional post-occupancy indoor air sampling events are required, they will be conducted semi-annually, as needed, in concurrence with the sub-slab soil gas sampling. If semi-annual sampling event results indicate consecutively
consistent or decreasing concentrations within acceptable risk levels, a request to terminate the
semi-annual sub-slab and/or indoor air sampling events may be submitted for DEQ review and written approval. iii. a plan to convert any passive portion of the vapor mitigation system to active including a resampling plan to be conducted within 14 days, or on another schedule
approved in writing in advance by DEQ, if the analytical results obtained from the sub-slab
vapor and indoor air sampling indicate exposures at the Brownfields Property that raise the risk to public health or the environment associated with the Brownfields Property beyond an acceptable range under applicable Brownfields Redevelopment Section or DWM guidelines. Should the analytical results obtained from the sub-slab vapor and indoor air sampling
indicate exposures at the Brownfields Property that raise 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, DEQ may require that the then owner(s) re-evaluate that risk for areas potentially subject to said risk and to take action to reduce said risk to make the Brownfields Property suitable for the uses authorized below in subparagraph 13.a
while fully protecting public health and the environment.
Property Access k. 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.
Damage to Monitoring Wells
l. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well or vapor sample point 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.

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Notification of Tenants
m. 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 conveying an interest may use the following mechanisms to
comply with the obligations of this subparagraph: (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 (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the
persons listed in Section XVII.
Separating Old from New Contamination n. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. Land Use Restriction Update

o. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following: i. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the

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Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems and any associated subgrade vapor monitoring network installed pursuant to subparagraph 13.i. above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how.
iv. 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 subparagraph 13.m, above, and paragraph 17, below, 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 32.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 _______________, 2023.

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HANIMPJV South End NC, LLC
By: HANIMPJV South End NC, LLC, Manager By: __________________________________________
Kathy Binford
NORTH CAROLINA _______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________

************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality By: _________________________________________ ________________________
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: HANIMPJV South End NC, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Selles Bagwell OF 1997, NCGS § 130A-310.30, et seq. ) 2301 S. Tryon Street Brownfields Project No. 24008-20-060 ) Charlotte, Mecklenburg County

I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and HANIMPJV South End NC, LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the “Act”) for the property located at 2301 S. Tryon Street (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 HANIMPJV South End NC, LLC, a Limited Liability
Company, headquartered at 1780 S. Post Oak Lane, Houston Texas 77056. Its authorized
representative is Kathy Binford at the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of HANIMPJV South End NC, LLC for contaminants at the Brownfields

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Property.
The Parties agree that HANIMPJV South End NC, LLC’s entry into this Agreement, and
the actions undertaken by HANIMPJV South End NC, LLC in accordance with the Agreement,
do not constitute an admission of any liability by HANIMPJV South End NC, LLC for
contaminants at the Brownfields Property. The resolution of this potential liability, in exchange
for the benefit HANIMPJV South End NC, LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. “Prospective Developer” shall mean HANIMPJV South End NC, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to Exhibit 2 to this Agreement that
presents data table(s) of the contaminants present at the Brownfields Property at concentrations
above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel IDs
2301 S. Tryon Street (Parcel ID 12104301), Charlotte, Mecklenburg County The Brownfields Property is a recombination of six parcels at
2301, 2311, 2321, and 2405 S. Tryon Street, and 2300 and
2322/2324 Distribution Street identified as parcel numbers

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
12104301, 12104302, 12104303, 12104304, 12104319, and
12104317, respectively.
Acreage Approximately 4.062
Current Property Owner HANIMPJV South End NC, LLC
Current Land Use(s) All operations on the Brownfields Property have ceased and site redevelopment activities have commenced.
Site Vicinity Land Use(s) Commercial and industrial use south and east, residential use to the west, and high-density residential developed to the north of the Brownfields Property.
Proposed Reuse(s) High-density residential, office, parking, retail, recreational, warehousing, and with prior written DEQ approval other commercial and, industrial.
Public Benefits of Reuse Job Creation, Tax Base Increases, Revitalization of Blighted Areas, and Expanded Use of Public Transportation Existing Land Use Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations &
Contaminant Sources

i. The Brownfields Property was primarily undeveloped or
agricultural until the late 1930s. ii. In the late 1930s two small buildings were located on the Brownfields Property and occupied by Standard Memorial
Works and Beasley Coal. A residence occupied a portion of the
property from the 1940s until the 1960s, when the residence was razed. iii. In the 1950s much of the Brownfields Property was graded
and transitioned to commercial use. Between the late 1950s
and the early 1980s, six commercial/warehousing buildings were constructed on the property. Historical operations on the Brownfields Property included: - Interstate Electric, an electrical contracting company
that operated at 2321 S. Tryon St. from approximately
1959 until 2021; - A duplex warehouse building constructed in 1964 at 2322/2324 Distribution St. housed various businesses including a janitorial supplier, construction company,
machine shop, wood shop, iron works, auto service, and
most recently Charlotte Grill, a grill store, and Pet

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ENVIRONMENTAL INFORMATION SUMMARY
Wants Urban Feed store.
- In 1966, the building at 2300 Distribution St. was constructed and occupied by various tenants including a metal distributor, a manufacturers agent, a specialty metal tool supplier and most recently by World of
Stone a stone countertop fabricator until 2021;
- After construction in 1967, Selles Bagwell, a textile machinery company occupied its office/warehouse building 2311 S. Tryon St. until the early 2000s, and then Best Tile, a floor tile supplier occupied the
building until 2021;
- In 1976, a light industrial warehouse building was constructed at 2405 S. Tryon St. and occupied by various tenants including an auto parts distributor, miscellaneous warehousing tenants, a martial arts
studio, a garage door company, and a paper distributor
before being vacant for several years; - In 1984, an office/warehouse building was built at 2301 S. Tryon St. and occupied by a laboratory supply business until 2010, and then by Kelly & McArdle, a
residential construction company until 2021.
iv. In 1991, a 1,000-gallon gasoline underground storage tank (UST) and associated contaminated soil were removed from the Interstate Electric parcel at 2321 S. Tryon St. Based on
confirmation sample results, NC DEQ concluded in May 1991
that no additional assessment was necessary. v. In 2002, a pile of machine shop metal shavings and approximately 68.81 tons of oil and grease impacted soil were
removed from an area behind the former Selles Bagwell
building at 2311 S. Tryon St. Based on confirmation sampling, NC DEQ concluded in September 2002 that no further action was necessary.
vi. Recent assessment data indicate elevated chlorinated
solvents in groundwater in the east portion of the property near the intersection of Dunavant and Distribution Streets; the source is believed to be from documented groundwater contamination at an up-gradient property.
Current Operations/Activities All operations on the Brownfields Property have ceased and site redevelopment activities have commenced.

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ENVIRONMENTAL INFORMATION SUMMARY
Contaminated Media
Soil: Arsenic and hexavalent chromium were detected above
the NC Residential Preliminary Soil Remediation Goals (PSRGs). Groundwater: 1,4-Dioxane, hexachloro-1,3-butadiene,
tetrachloroethylene (PCE), trichloroethylene (TCE), and vinyl
chloride (VC) were detected above North Carolina 15A NCAC 02L .0202 Groundwater Standards. Concentrations of hexachloro-1,3-butadiene, TCE, and VC in groundwater exceed the NC Residential Groundwater Vapor Intrusion
Screening Levels
Soil Vapor: Benzene and TCE were detected above the NC Residential Soil Gas Vapor Intrusion Screening Levels.
ID Numbers/Permits
AST Incident #86312 (MO-86312) Selles Bagwell, 2311 S. Tryon Street; UST Incident #8776 (MO-3517) Interstate Electric, 2321 S.
Tryon Street
Onsite Receptors Considered Residents, on-site workers, construction workers, and visitors.
Potential Offsite Receptors
Considered
Residential structures, churches, or childcare centers: Multiple single-story, multi-unit rental homes are located approximately 100 ft west (side-gradient) of the Brownfields Property; a multi-story high density residential apartment building is
located approximately 100 feet north (up-gradient); a multi-
story high density residential apartment building is being developed approximately 100 ft east (side-gradient) of the Brownfields Property; and the South Tryon Community Methodist Church is located approximately 350 feet west of the
Brownfield Property.
Potential offsite migration pathways
Groundwater: The source of chlorinated solvents in
groundwater in the east portion of the Brownfields Property
likely originates at an up-gradient off-site property. Groundwater flow is from the north to the south suggesting groundwater contamination may migrate towards property(ies) south of the Brownfields Property.

4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to those that the Prospective Developer
obtained or commissioned regarding the Brownfields Property:

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Title Prepared by Date of Report
Brownfields Assessment Report – Selles Bagwell Brownfields Property Hart & Hickman April 6, 2021
Phase I ESA - Light Industrial Property 2311 S. Tryon Street Hart & Hickman January 31, 2020
Phase I ESA – Vacant Building 2405-2411 S. Tryon Street Hart & Hickman January 31, 2020
Phase I ESA - Light Industrial Property 2321 S. Tryon Street Hart & Hickman January 16, 2020
Phase II ESA - Light Industrial Property 2300 Distribution Street Hart & Hickman December 10, 2019
Phase I ESA - Light Industrial Property
2300 Distribution Street
Hart & Hickman November 15, 2019
Phase I ESA - Light Industrial Property
2301 S. Tryon Street
Hart & Hickman November 15, 2019
Soil Excavation Activities Report – Former
Selles Bagwell Facility
Buxton
Environmental, Inc.
September 16, 2002
UST Closure Report – Interstate Electric Piedmont Grading & Wrecking Co. May 7, 1991
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 an amended Brownfields Property Application (BPA) dated December 9,
2021.
a. On December 3, 2021, Prospective Developer purchased parcels comprising
the Brownfields Property;
b. On December 8, 2021, DEQ approved an Environmental Management Plan
(EMP) prepared by the Prospective Developer, required by paragraph 13.b below;

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c. In December 2021, Prospective Developer initiated site demolition activities at
the Brownfields Property under the DEQ-approved EMP; and
d. On May 3, 2022, DEQ approved a Vapor Intrusion Mitigation Plan prepared by
the prospective Developer, required by paragraph 13.i, below.
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.

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7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of construction jobs and full-time 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; and
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial

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or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 13.b below.
12. Based on the type and concentrations of impacts to soil gas and groundwater detected
during assessment activities as outlined in paragraphs 3 and 4 above, vapor intrusion exposure
may present a risk to future site occupants for proposed uses as specified in subparagraph 13.a.
below. On May 3, 2022, a Vapor Intrusion Mitigation Plan as outlined in subparagraph 13.i.

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below was approved by DEQ.

VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for high-density
residential, office, parking, retail, recreational, warehousing, and with prior written DEQ
approval, other commercial and industrial uses. These land uses and their definitions below
apply solely for purposes of this agreement, and do not waive any local zoning, rule, regulation,
or permit requirements:
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.

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ii. Office is defined as the provision of business or professional services.
iii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
iv. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
v. Recreational 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, clubhouses, sports-related
courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic and public
gathering areas, campgrounds, boat docks, and marinas.
vi. Warehousing is defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
vii. Commercial is defined as an enterprise carried on for profit or nonprofit
by the owner, lessee, or licensee.
viii. Industrial is defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.

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Environmental Management Plan
b. 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:
i. demolition of existing structures, if applicable;
ii. issues related to known or potential sources of contamination,
including without limitation those resulting from contamination identified in paragraph III above,
and Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered or newly accessible potential sources of
environmental contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil-water
separators, soil contamination);
iv. plans for the proper characterization of, and, as necessary, disposal of
building materials or contaminated soils excavated during redevelopment; and
v. plans for the proper removal of any above ground storage tanks (ASTs).
Redevelopment Summary Report

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c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the
then-owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
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).
Demolition
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice referenced in paragraph 17
below shall be in accordance with applicable legal requirements, including without limitation

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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.
Groundwater
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 13.b., or a plan approved in
writing in advance by DEQ.
Soil
f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
g. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received in accordance with subparagraph 13.f, above, no activity that disturbs soil
on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the
proposed activity, that said activity may occur if carried out along with any measures DEQ
deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 13.a. above while fully protecting public health and the environment, except:

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i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-
approved EMP as outlined above in subparagraph 13.b.
h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 13.b.
Vapor Intrusion
i. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 17, below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade building features in
accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate

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Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute
(ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and
that said design shall fully protect public health to the satisfaction of a professional engineer
licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a
performance monitoring plan detailing methodologies and schedule, both of which are subject to
prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes details on any deviations from the system design, as-built diagrams,
photographs, and a description of the installation with said engineer’s professional seal
confirming that the system was installed per the DEQ-approved design and will be protective of
public health.
j. No occupancy of the Brownfields Property may occur until a work plan for the
sampling of sub-slab vapor and concurrent indoor air sampling is approved by DEQ, and until
the first round of sampling activities under the work plan is completed to DEQ’s written
satisfaction. The work plan, which may be included with the Vapor Intrusion Mitigation Plan
in accordance with subparagraph 13.i above to be approved in advance in writing by DEQ will
include, at a minimum, the following:
i. details on schedule and methodology for installation and sampling of
permanent sub-slab vapor monitoring points and sampling of indoor air for VOCs by EPA
Method TO-15;
ii. post-occupancy semi-annual sub-slab vapor and concurrent indoor air
sampling will be completed in accordance with the Vapor Intrusion Mitigation Plan, dated April

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29, 2022 and approved by DEQ March 2, 2022, as may be amended with DEQ written approval.
Specifically, in accordance with said DEQ-approved Vapor Intrusion Mitigation Plan, post-
occupancy sub-slab soil gas sampling will be completed approximately 6 months following the
pre-occupancy sampling event, followed by one additional event completed approximately 6
months later, for a total of three sampling events (including pre-occupancy sampling). A pre-
occupancy and post-occupancy indoor air sampling event will also be conducted. If the first
post-occupancy indoor air sampling event indicates consecutively consistent or decreasing
concentrations within acceptable risk levels, a request to terminate indoor air sampling may be
submitted for DEQ review and written approval. If additional post-occupancy indoor air
sampling events are required, they will be conducted semi-annually, as needed, in concurrence
with the sub-slab soil gas sampling. If semi-annual sampling event results indicate consecutively
consistent or decreasing concentrations within acceptable risk levels, a request to terminate the
semi-annual sub-slab and/or indoor air sampling events may be submitted for DEQ review and
written approval.
iii. a plan to convert any passive portion of the vapor mitigation system to
active including a resampling plan to be conducted within 14 days, or on another schedule
approved in writing in advance by DEQ, if the analytical results obtained from the sub-slab
vapor and indoor air sampling indicate exposures at the Brownfields Property that raise the risk
to public health or the environment associated with the Brownfields Property beyond an
acceptable range under applicable Brownfields Redevelopment Section or DWM guidelines.
Should the analytical results obtained from the sub-slab vapor and indoor air sampling
indicate exposures at the Brownfields Property that raise the risk to public health or the

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environment associated with the Brownfields Property beyond an acceptable range and in a
manner or to a degree not anticipated in this Agreement, DEQ may require that the then owner(s)
re-evaluate that risk for areas potentially subject to said risk and to take action to reduce said risk
to make the Brownfields Property suitable for the uses authorized below in subparagraph 13.a
while fully protecting public health and the environment.
Property Access
k. 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.
Damage to Monitoring Wells
l. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well or vapor sample point 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.
Notification of Tenants
m. 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

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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 conveying an interest may use the following mechanisms to
comply with the obligations of this subparagraph: (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 (Notice and Submissions); or (ii) The owner
conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the
persons listed in Section XVII.
Separating Old from New Contamination
n. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced

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below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems and any
associated subgrade vapor monitoring network installed pursuant to subparagraph 13.i. above are
performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.
iv. 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 subparagraph 13.m, above, and paragraph 17, below, 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.
14. The desired result of the above-referenced land use restrictions is to make the

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Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
15. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.k. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
17. 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 VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Mecklenburg County,
North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. Prospective Developer may use the following mechanisms to comply with
the obligations of this paragraph: (i) If every lease and rider is identical in form, Prospective
Developer may provide DEQ with copies of a form lease or rider evidencing compliance with
this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in
Section XVII (Notices and Submissions); or (ii) Prospective Developer may provide abstracts of

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leases, rather than full copies of said leases, to the persons listed in Section XVII.
19. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
20. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 32.a. below
of any such required notification.
X. CERTIFICATION
21. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated December 9, 2021, by which it applied for this
Agreement. That use is that which is provided above in subparagraph 13.a. of this Agreement.

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Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to

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demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of

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Brownfields Property under NCGS § 130A-310.35.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of

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Selles Bagwell/24008-20-060/8Mar2023 PC
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
28. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
29. Except for the land use restrictions set forth in paragraph 13 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
30. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,

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the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Branch (or successor in function) N.C. Division of Waste Management Brownfields Redevelopment Section
Mail Service Center 1646
Raleigh, NC 27699-1646

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Selles Bagwell/24008-20-060/8Mar2023 PC

b. for Prospective Developer:
Kathy Binford HANIMPJV South End NC LLC The Hanover Company
1780 S. Post Oak Lane
Houston, Texas 77056 Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
33. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)

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in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
36. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
37. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a

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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: ____________________________________________________________________________
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section, Division of Waste Management IT IS SO AGREED:
HANIMPJV South End NC LLC
By: ____________________________________________________________________________ Kathy Binford Date Authorized Representative
USGS The National Map: National Boundaries Dataset, 3DEP ElevationProgram, Geographic Names Information System, National HydrographyDataset, National Land Cover Database, National Structures Dataset,and National Transportation Dataset; USGS Global Ecosystems; U.S.Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data;U.S. Department of State Humanitarian Information Unit; and NOAANational Centers for Environmental Information, U.S. Coastal ReliefModel. Data refreshed May, 2020.
SITE LOCATION MAP
SELLES BAGWELL BROWNFIELDS PROPERTYSOUTH TRYON STREET AND DISTRIBUTION STREETCHARLOTTE, NORTH CAROLINA
DATE: 12-28-20
JOB NO: PRO-011
REVISION NO: 0
FIGURE. 1
2923 South Tryon Street - Suite 100Charlotte, North Carolina 28203704-586-0007 (p) 704-586-0373 (f)License # C-1269 / # C-245 Geology
TITLE
PROJECT
0 2,000 4,000
SCALE IN FEET
Path: \\HHFS01\Redirectedfolders\sperry\My Documents\ArcGIS\PROJECTS\PRO-011\Figure 1.mxdN
U.S.G.S. QUADRANGLE MAP
CHARLOTTE EAST, NORTH CAROLINA 2013
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
SITE
Exhibit 1
Selles Bagwell/24008-20-060/8Mar2023 PC

1
Exhibit 2
Brownfields Property Name: Selles Bagwell
Brownfields Project Number: 24008-20-060
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in January 2021. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the maximum concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202 (April 1, 2022 version):

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding Standard
(µg/L)
2L Standard
(µg/L)
1,4-Dioxane
TW-3 1/6/2021 <14 1
3
TW-4 1/6/2021 25 J
TW-5 1/6/2021 19 J
TW-6/DUP-2 1/6/2021 <14 1 / <14 1
TW-7 1/6/2021 <14 1
Hexachloro-1,3-
butadiene
TMW-1 11/22/2019 0.62 J 0.4 TMW-2 11/22/2019 <0.44 1
Tetrachloroethylene TMW-1 11/22/2019 0.8 J 0.7
Trichloroethylene TMW-1 11/22/2019 97.1 3
Vinyl chloride
TMW-1 11/22/2019 <0.24 1
0.03
TMW-2 11/22/2019 <0.24 1
TW-3 1/6/2021 <0.097 1
TW-4 1/6/2021 32
TW-5 1/6/2021 2.2
TW-6/DUP-2 1/6/2021 <0.097 1 / <0.097 1
TW-7 1/6/2021 <0.097 1
Selles Bagwell/24008-20-060/8Mar2023 PC

2
1 Laboratory reporting limit exceeds the applicable 2L Groundwater Standard. J – Compound was detected above the laboratory method detection limit, but below the laboratory
reporting limit resulting in a laboratory estimated concentration. 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):
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample Location Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Residential
VI
Screening
Level1
(µg/L)
Acetone
TW-3 1/6/2021 2.1 J
NE
TW-4 1/6/2021 4.1 J
TW-5 1/6/2021 1.3 J
TW-6/DUP-2 1/6/2021 1.4 J / 1.2 J
TW-7 1/6/2021 2.4 J
cis-1,2-Dichloroethylene
TMW-1 11/22/2019 1.6
NE TW-4 1/6/2021 0.78
TW-5 1/6/2021 0.98
Hexachloro-1,3-butadiene TMW-1 11/22/2019 0.62 J 0.3 TMW-2 11/22/2019 <0.44 2
Trichloroethylene TMW-1 11/22/2019 97.1 1 TW-4 1/6/2021 2.3
Vinyl chloride
TMW-1 11/22/2019 <0.24 2
0.15 TMW-2 11/22/2019 <0.24 2
TW-4 1/6/2021 32
TW-5 1/6/2021 2.2
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 Laboratory method detection limit exceeds the applicable screening level. NE – No established screening level. J – Compound was detected, but below the laboratory reporting limit resulting in a laboratory estimated
concentration.
Selles Bagwell/24008-20-060/8Mar2023 PC

3
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), unless noted otherwise:
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. If no screening level is established, then the laboratory reporting limit is considered the screening level. 2 Laboratory method detection limit exceeds the applicable screening level.

Soil
Contaminant Sample Location Depth
(ft)
Date of
Sampling
Maximum Concentration Exceeding
Screening Level (mg/kg)
Residential Screening
Level 1 (mg/kg)
Arsenic
SB-1/DUP 0.5-1.5 12/23/2020 1.4 / <1.3 2
0.68
SB-2 10-12 12/23/2020 1.2
SB-3 1-2 12/23/2020 11
SB-4 10-12 12/23/2020 1.7
SB-5 0.5-1.5 12/23/2020 1.7
GP-3 2 5/13/2002 0.8
Hexavalent Chromium
SB-1/DUP 0.5-1.5 12/23/2020 <0.52 2 / <0.51 2
0.31
SB-2 10-12 12/23/2020 0.67
SB-3 1-2 12/23/2020 1.7
SB-4 10-12 12/23/2020 <0.49 2
SB-5 0.5-1.5 12/23/2020 <0.53 2
Selles Bagwell/24008-20-060/8Mar2023 PC

4
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
Maximum Concentration
Exceeding Screening
Level (µg/m3)
Residential
Screening
Limit 1
(µg/m3)
Acetone
SG-1/DUP-3 1/4/2021 9.2 / 7.3
NE
SS-1 11/22/2019 62
SS-1 1/4/2021 29
SS-2 11/22/2019 9.2
SS-2 1/4/2021 24
SS-3 1/4/2021 6.0
SS-4 1/4/2021 7.2
SS-5 1/4/2021 53
SS-6 1/4/2021 16
SS-7 1/4/2021 7.0
SS-8 1/4/2021 9.5
Benzene SG-1/DUP-3 1/4/2021 52 / 52 12
cis-1,2-Dichloroethylene SG-1/DUP-3 1/4/2021 42 / 42 NE
4-Ethyltoluene SS-1 11/22/2019 2.8 J NE
Trichloroethene SG-1/DUP-3 1/4/2021 1400 / 1300 14
Trichlorofluoromethane
SS-1 11/22/2019 6.6
NE
SS-2 11/22/2019 0.96 J
SS-3 1/4/2021 2.0 J
SS-5 1/4/2021 2.2 J
SS-6 1/4/2021 2.0 J
SS-7 1/4/2021 1.9 J
SS-8 1/4/2021 1.2 J
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. If no screening level is
established, then the laboratory reporting limit is considered the screening level. NE – No established screening level. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration.

Exhibit C – Legal Description
Brownfields Property Name: Selles Bagwell
Brownfields Project Number: 24008-20-060 The Land referred to herein below is situated in the County of Mecklenburg, State of North
Carolina, and is described as follows:
Being all of that 4.0620 acre parcel of land on a Plat entitled “Recombination Plat: Hanover South End” shown in Map Book 70, Page 138 of the Mecklenburg County Public Registry.