25036_Clariant Corp_FULL NI_20231024

25036-21-060/Clariant Corporation/20231024

1
NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Clariant Corporation Brownfields Project Number: 25036-21-060 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 November 6, 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

25036-21-060/Clariant Corporation/20231024
1
Property Owner: 4000 Monroe, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Clariant Corporation Brownfields Project Number: 25036-21-060
This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 2023 by 4000 Monroe, 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 9.8923 acres, located at 4000, 4008, 4014 Monroe Road, Charlotte, Mecklenburg County. From the late-1930s

25036-21-060/Clariant Corporation/20231024
2
through the mid-1950s, the northwest portion of the Brownfields Property was occupied by
single family residences with the remaining property primarily agricultural or undeveloped. In 1956, Sandoz Chemicals, a specialty chemical company, constructed five buildings on the Brownfields Property for use as offices, laboratory, and warehousing space. 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. 4000 Monroe, LLC has committed itself to
redeveloping the Brownfields Property for no uses other than office, parking, retail, restaurant, warehousing, beverage or food production facility, institutional, open space, entertainment and with prior written DEQ approval, other recreational, 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 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

25036-21-060/Clariant Corporation/20231024
3
on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for office, parking, retail, restaurant, warehousing, beverage or food production facility, institutional, open space, entertainment and with prior written DEQ approval, other recreational, 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. Office is defined as the provision of business or professional services.
ii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same.
iii. 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.
iv. Restaurant is defined as a commercial business establishment that prepares and/or serves food and/or beverages, including alcoholic beverages under all applicable
local, state, and federal regulations, to patrons.
v. 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.
vi. Beverage or Food Production Facility is defined as an establishment for the manufacture, sale and/or distribution of beverages and/or food products, including without limitation beer, ale, and/or distilled spirits.
vii. Institutional is defined as the use of land, buildings or structures for
public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, religious facilities, or health care facilities.
viii. Open Space is defined as land maintained in a natural or landscaped state and for uses such as natural resource protection, riparian buffers, greenways, or detention facilities for stormwater.
ix. Entertainment is defined as private, public, and community activities
such as festivals, theater, musical events or shows, which may include food and beverage service.
x. 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, splash pads, clubhouses,
sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic and public gathering areas

25036-21-060/Clariant Corporation/20231024
4
xi. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee, or licensee.
xii. Industrial is defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials.
b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
Environmental Management Plan
d. 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); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property, and, as necessary, disposal of building materials or
contaminated soils excavated from the Brownfields Property during redevelopment.
Redevelopment Summary Report
e. 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;

25036-21-060/Clariant Corporation/20231024
5
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
f. 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
g. 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.d., or a plan approved in writing in advance by DEQ.
Soil
h. 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.
i. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received in accordance with subparagraph 13.h, 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

25036-21-060/Clariant Corporation/20231024
6
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.d.
j. 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.d.
Vapor Intrusion
k. 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.
l. No occupancy of the Brownfields Property may occur until a work plan for
sub-slab vapor and 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, will include, at a minimum, details on the schedule and methodology for sampling of indoor air for VOCs by EPA Method TO-15. Should the analytical results obtained from the
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

25036-21-060/Clariant Corporation/20231024
7
said risk to make the Brownfields Property suitable for the uses authorized in subparagraph 13.a
while fully protecting public health and the environment.
Slab Disturbance
m. No disturbance or alteration of the slab within the existing building footprints, as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 17 below, may occur unless in accordance with a DEQ-approved EMP as outlined above in
subparagraph 13.d, unless otherwise approved in advance in writing by DEQ, or unless in the case of emergency circumstances for repair of underground infrastructure, in which case DEQ shall be provided written notice no later than the next business day and any related assessment and remedial measures required by DEQ shall be taken.
Property Access
n. 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
o. 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
p. 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
q. None of the contaminants known to be present in the environmental media at

25036-21-060/Clariant Corporation/20231024
8
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; and
ii. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.
Land Use Restriction Update
r. 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
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.k. 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.p, 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 Branch 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

25036-21-060/Clariant Corporation/20231024
9
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.
4000 Monroe, LLC
By: __________________________________________
Kyle Jenks 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: _____________________

************************************

25036-21-060/Clariant Corporation/20231024
10
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

1
Clariant Corp/25036-21-060/20231024
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: 4000 Monroe, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Clariant Corporation OF 1997, NCGS § 130A-310.30, et seq. ) 4000, 4008, and 4014 Monroe Road 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 4000 Monroe, 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 4000, 4008, and 4014 Monroe Road (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 4000 Monroe, LLC, a Limited Liability Company,
headquartered at 1776 Peachtree Street NW, Atlanta, Georgia 30309. Its authorized
representative is Kyle Jenks 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 4000 Monroe, LLC for contaminants at the Brownfields Property.

2
Clariant Corp/25036-21-060/20231024
The Parties agree that 4000 Monroe, LLC’s entry into this Agreement, and the actions
undertaken by 4000 Monroe, LLC in accordance with the Agreement, do not constitute an
admission of any liability by 4000 Monroe, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit 4000 Monroe, 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 4000 Monroe, 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
4000, 4008, and 4014 Monroe Road (Parcel ID 15904612),
Charlotte, Mecklenburg County
Acreage Approximately 9.8923 Current Property Owner 4000 Monroe, LLC
Current Land Use(s) All operations on the Brownfields Property have ceased and
site redevelopment activities have commenced.
Site Vicinity Land Use(s) Business, commercial, and industrial land uses surround the
Brownfields Property with residential use to the north.

3
Clariant Corp/25036-21-060/20231024
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Proposed Reuse(s)
Office, parking, retail, restaurant, warehousing, beverage or
food production facility, institutional, open space, entertainment and with prior written DEQ approval, other recreational, commercial and industrial uses
Public Benefits of Reuse Job Creation, Tax Base Increases, Revitalization of Blighted Areas, and Preserved Green Space
Existing Land Use Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
i. The Brownfields Property was primarily undeveloped
until the late 1930s.
ii. From the late-1930s to the mid-1950s the Brownfields Property was residential.
iii. In 1956 Sandoz Chemicals, a specialty chemical company,
constructed five buildings for use as offices, laboratory, and warehousing space. From the 1960s through the 1990s additions and renovations occurred to the existing buildings with a wastewater treatment building and a
chemical storage building being added.
iv. In 1993, two 10,000-gallon #5 fuel oil underground storage tank (USTs) and one 1,000-gallon #2 fuel oil UST associated with the facility’s boiler system were removed
from the Brownfields Property. Based on soil sample
results, NC DEQ issued a No Further Action letter for this incident (Incident #27103) on June 14, 1995. v. In 1998, two 550-gallon gasoline USTs and one 550-
gallon heating oil UST were removed from the
Brownfields Property. The USTs were associated with a filling station that operated in the northwest portion of the Brownfields Property from approximately 1959 through possibly as late as 1993. NC DEQ issued a No Further
Action letter for this incident (Incident # 20014) on April
13, 2020. vi. On-site groundwater near the eastern, up-gradient

4
Clariant Corp/25036-21-060/20231024
ENVIRONMENTAL INFORMATION SUMMARY
boundary contains the highest concentrations of
chlorinated solvents and gasoline constituents on the Brownfields Property; off-site sources are suspected because no on-site contaminant sources have been identified, and chlorinated solvents and gasoline contaminant plumes are documented to be migrating to the
Brownfields Property from a former gasoline station and a former manufacturing facility immediately up-gradient of the Brownfields Property.
vii. Analyses of indoor air in Buildings 2, 3, and 4 identified
elevated levels of ethyl acetate. The source was determined to be from the use of ethyl acetate in the pigment development laboratories and not from vapor intrusion.
Current Operations/Activities All operations on the Brownfields Property have ceased and site redevelopment/renovation activities have commenced.
Contaminated Media
Soil: The detection limit for arsenic exceeded the NC Non-Residential Preliminary Soil Remediation Goals (PSRGs). Phenanthrene and p-isopropyltoluene were detected and have no established Non-Residential PSRGs.
Groundwater: Concentrations of benzene, methyl-tert-butyl-ether, and tetrachloroethylene (PCE), and the detection limit for trichloroethylene (TCE) were above North Carolina 15A NCAC 02L .0202 Groundwater Standards. Concentrations
benzene, chloroform, PCE and TCE, in groundwater exceed the NC Non-Residential Groundwater Vapor Intrusion Screening Levels (VISLs). Sub-Slab Vapor: Chloroform and PCE were detected above
the NC Non-Residential Soil Gas VISLs. Indoor Air: 1,4-Dichlorobenzene and ethyl acetate were detected at or above Non-Residential Indoor Air VISLs.
ID Numbers/Permits UST Incident #27103 (MO-2048); UST Incident #20014 (MO-5680); RCRA EPA ID #NCD 108 706 425
Onsite Receptors Considered On-site workers, construction workers, and visitors.
Potential Offsite Receptors Considered
Residential structures, churches, or childcare centers: Multiple single-family homes are located approximately 300 feet northeast (side-gradient) of the Brownfields Property;

5
Clariant Corp/25036-21-060/20231024
ENVIRONMENTAL INFORMATION SUMMARY
high density residential apartment buildings are located
approximately 1,200 feet southwest (side-gradient) of the Brownfields Property. St. John’s United Methodist Church is located 1,400 feet east (up-gradient) of the Brownfield Property.
Potential offsite migration
pathways
Groundwater: The chlorinated solvents and petroleum constituents in groundwater at the Brownfields Property likely originate at up-gradient off-site properties with
documented groundwater contamination incidents.
Groundwater at the Brownfields Property has been measured to generally flow toward the west-northwest suggesting groundwater contamination may migrate towards properties west 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:

Title Prepared by Date of Report
Pre-Occupancy Vapor Sampling Report,
Clariant Corporation Site, 4000 Monroe Road
ECS Southeast, LLP March 21, 2023
Brownfields Assessment Report & Receptor
Survey, Clariant Corporation Site, 4000 Monroe Road
ECS Southeast, LLP May 17, 2022
Report of Additional Environmental
Assessment Services, 4000 Monroe Road
ECS Southeast, LLP May 26, 2021
Report of Environmental Assessment
Services, 4000 Monroe Road
ECS Southeast, LLP March 12, 2021
Phase I Environmental Site Assessment –
Monroe Road Site, 4000 and 4010 Monroe
Road
ECS Southeast, LLP January 15, 2021
Report of UST Closure, Clariant Corporation,
4000 Monroe Road
Geoscience Group July 28, 1998
UST Closure Assessment, Sandoz Chemical
Corporation, 4000 Monroe Road
Precision
Environmental
February 4, 1994

6
Clariant Corp/25036-21-060/20231024
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 April 28, 2021, and the
following:
a. On October 1, 2021, Prospective Developer purchased the Brownfields
Property; and
b. On May 25, 2022, Prospective Developer prepared and submitted an
Environmental Management Plan (EMP) required by paragraph 13.d below, and which was
approved by DEQ on May 25, 2022; and
c. On March 1 and 2, 2023, Prospective Developer collected the initial round of
pre-occupancy sub-slab vapor and indoor air samples in accordance with the DEQ-approved Pre-
Occupancy Vapor Sampling Work Plan dated February 21, 2023, satisfying the first-round of
pre-occupancy sub-slab vapor and indoor air sampling required in subparagraph 13.l, below. On
June 26, 2023, Prospective Developer completed a follow-up round of sampling at sample point
SS-7 to evaluate contaminant concentrations in sub-slab vapor at this location. The analytical
results of re-sampling sample point SS-7 indicate that sub-slab vapor concentrations meet
acceptable DEQ risk threshold limits.
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

7
Clariant Corp/25036-21-060/20231024
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
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.

8
Clariant Corp/25036-21-060/20231024
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 an estimated 150 construction jobs and approximately 500 full-
time post-redevelopment jobs;
d. an increase in tax revenue for affected jurisdictions; and
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial
or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make

9
Clariant Corp/25036-21-060/20231024
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 (Integrative Process, Location and
Transportation, Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials &
Resources, Indoor Environmental Quality, Innovation, and Regional Priority), or a similar
program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 13.d below.
12. Based on the type and concentrations of impacts to groundwater, sub-slab vapor, and
indoor air detected during assessment activities as outlined in paragraphs 3 and 4 above, vapor
intrusion exposure does not appear to present a risk to future site occupants for proposed non-
residential uses as specified in subparagraph 13.a. below. No vapor mitigation is being required
for the proposed non-residential redevelopment as approved in the EMP, dated May 25, 2022.
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

10
Clariant Corp/25036-21-060/20231024
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 office,
parking, retail, restaurant, warehousing, beverage or food production facility, institutional, open
space, entertainment and with prior written DEQ approval, other recreational, 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. Office is defined as the provision of business or professional services.
ii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
iii. 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.
iv. Restaurant is defined as a commercial business establishment that
prepares and/or serves food and/or beverages, including alcoholic beverages under all applicable
local, state, and federal regulations, to patrons.
v. 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.

11
Clariant Corp/25036-21-060/20231024
vi. Beverage or Food Production Facility is defined as an establishment for
the manufacture, sale and/or distribution of beverages and/or food products, including without
limitation beer, ale, and/or distilled spirits.
vii. Institutional is defined as the use of land, buildings or structures for
public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, religious facilities, or health care facilities.
viii. Open Space is defined as land maintained in a natural or landscaped
state and for uses such as natural resource protection, riparian buffers, greenways, or detention
facilities for stormwater.
ix. Entertainment is defined as private, public, and community activities
such as festivals, theater, musical events or shows, which may include food and beverage service.
x. 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, splash pads, clubhouses,
sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic
and public gathering areas
xi. Commercial is defined as an enterprise carried on for profit or nonprofit
by the owner, lessee, or licensee.
xii. Industrial is defined as the assembly, fabrication, processing,

12
Clariant Corp/25036-21-060/20231024
warehousing or distribution of goods or materials.
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
d. 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); and

13
Clariant Corp/25036-21-060/20231024
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property, and, as necessary, disposal of building materials or
contaminated soils excavated from the Brownfields Property during redevelopment.
Redevelopment Summary Report
e. 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

14
Clariant Corp/25036-21-060/20231024
f. 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
g. 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.d., or a plan approved in
writing in advance by DEQ.

Soil
h. 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.
i. Unless otherwise approved by DEQ in writing after results of final grade soil

15
Clariant Corp/25036-21-060/20231024
sampling are received in accordance with subparagraph 13.h, 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
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.d.
j. 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.d.
Vapor Intrusion
k. 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

16
Clariant Corp/25036-21-060/20231024
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.
l. No occupancy of the Brownfields Property may occur until a work plan for
sub-slab vapor and 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, will include, at a minimum, details on the schedule and methodology for sampling of
indoor air for VOCs by EPA Method TO-15. Should the analytical results obtained from the
indoor air sampling indicate exposures at the Brownfields Property that raise the risk to public

17
Clariant Corp/25036-21-060/20231024
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 in subparagraph 13.a
while fully protecting public health and the environment.
Slab Disturbance
m. No disturbance or alteration of the slab within the existing building footprints,
as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph
17 below, may occur unless in accordance with a DEQ-approved EMP as outlined above in
subparagraph 13.d, unless otherwise approved in advance in writing by DEQ, or unless in the
case of emergency circumstances for repair of underground infrastructure, in which case DEQ
shall be provided written notice no later than the next business day and any related assessment
and remedial measures required by DEQ shall be taken.
Property Access
n. 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
o. 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

18
Clariant Corp/25036-21-060/20231024
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
p. 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
q. 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

19
Clariant Corp/25036-21-060/20231024
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; and
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
Land Use Restriction Update
r. 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
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.k. above

20
Clariant Corp/25036-21-060/20231024
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.p, 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
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.n. 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

21
Clariant Corp/25036-21-060/20231024
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
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

22
Clariant Corp/25036-21-060/20231024
be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. Prospective Developer may use the following mechanisms to comply with
the obligations of this paragraph: (i) If every lease and rider is identical in form, Prospective
Developer may provide DEQ with copies of a form lease or rider evidencing compliance with
this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in
Section XVII (Notices and Submissions); or (ii) Prospective Developer may provide abstracts of
leases, rather than full copies of said leases, to the persons listed in Section XVII.
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

23
Clariant Corp/25036-21-060/20231024
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 amended Brownfields Property Application dated April 28, 2021, by which it applied for this
Agreement. That use is that which is provided above in subparagraph 13.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of

24
Clariant Corp/25036-21-060/20231024
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
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

25
Clariant Corp/25036-21-060/20231024
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the

26
Clariant Corp/25036-21-060/20231024
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
28. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
29. Except for the land use restrictions set forth in paragraph 13 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.

27
Clariant Corp/25036-21-060/20231024
XV. DOCUMENT RETENTION
30. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement,
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

28
Clariant Corp/25036-21-060/20231024
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
b. for Prospective Developer: Kyle Jenks 4000 Monroe, LLC
1776 Peachtree Street, NW Atlanta, Georgia 30309 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

29
Clariant Corp/25036-21-060/20231024
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
36. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
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.

30
Clariant Corp/25036-21-060/20231024
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By:
____________________________________________________________________________
Bruce Nicholson, Chief Date Brownfields Redevelopment Section, Division of Waste Management
IT IS SO AGREED:
Monroe 4000, LLC By: ____________________________________________________________________________ Kyle Jenks Date
Authorized Representative
FIGURE 2
SITE AREAL MAP
4000 MONROE ROAD
CHARLOTTE, NORTH CAROLINA
ECS PROJECT NO. 49:12929-C
SOURCE:
CHARLOTTE MECKLENBURG POLARIS GIS
WEBSITE ACCESSED JANUARY 19, 2021
SCALE:
AS SHOWN
APPROXIMATE SITE BOUNDARY
LEGEND
PARCEL ID: 15904612
Building 6
Building 5
Building 2
Building 7
Clariant Corp/25036-21-060/20231024

1
Exhibit 2 Brownfields Property Name: Clariant Corporation
Brownfields Project Number: 25036-21-060
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in March 2023. 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)
Benzene GW-13 2/25/2021 55.9 1
Methyl-tert-butyl-ether GW-12 2/25/2021 40.0 20 GW-13 2/25/2021 1540
Tetrachloroethylene
GW-1 2/24/2021 10.1
0.7
GW-1A 5/10/2021 6.8
GW-2 2/24/2021 78.2
GW-2A 5/10/2021 4.7
GW-5 2/24/2021 69.0
GW-12 2/25/2021 10.9
GW-13 2/25/2021 198
GW-13A 5/11/2021 111
GW-16 2/25/2021 8.6
GW-17 2/25/2021 75.0
GW-17A 5/10/2021 64.0
GW-18 5/11/2021 6.6

Clariant Corp/25036-21-060/20231024

2

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 Non-Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (January 2023 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Non-
Residential VI
Screening
Level1
(µg/L)
Acetone
GW-4 2/24/2021 48.8
NE
GW-5 2/24/2021 15.6 J
GW-6 2/24/2021 18.1 J
GW-7 2/24/2021 19.2 J
GW-12 2/25/2021 14.5 J
GW-16 2/25/2021 11.6 J
GW-17 2/25/2021 28.6
Benzene GW-13 2/25/2021 55.9 6.9
Chloroform
GW-5 2/24/2021 5.0
3.6 GW-16 2/25/2021 12.5
GW-17A 5/10/2021 5.6
Tetrachloroethylene
GW-2 2/24/2021 78.2
48
GW-5 2/24/2021 69.0
GW-13 2/25/2021 198
GW-13A 5/11/2021 111
GW-17 2/25/2021 75.0
GW-17A 5/10/2021 64.0
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. NE – No established screening level.
J – Compound was detected, but below the laboratory reporting limit resulting in a laboratory estimated concentration.
Clariant Corp/25036-21-060/20231024

3
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Non-Residential Health-Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (January 2023 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. 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.
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Maximum
Concentration Exceeding Screening Level (mg/kg)
Non-
Residential Screening Level 1 (mg/kg)
Phenanthrene SB-2 0-2 2/25/2022 0.14 J NE
p-Isopropyltoluene Tank 2-A >6 6/19/1998 1.1 NE Tank 2-B >6 6/19/1998 0.77
Clariant Corp/25036-21-060/20231024

4
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2023 version):
Soil Gas Contaminant Sample Location Date of Sampling
Maximum Concentration Exceeding
Screening
Level (µg/m3)
Non-Residential Screening
Level 1
(µg/m3)
Acetone
SG-A 3/2/2021 350
NE
SG-B 3/2/2021 540
SG-C 3/2/2021 950
SG-D 3/3/2021 570
SG-E 3/3/2021 550
SG-F 3/3/2021 660
SG-G 3/4/2021 740
SG-H 3/4/2021 270
SG-I 3/4/2021 1300
SG-J 3/4/2021 420
SG-K 3/4/2021 240
SG-L 5/11/2021 79
SG-M 5/11/2021 93
SG-N 5/11/2021 170
SG-O 5/11/2021 81
SG-P 5/11/2021 360
SG-Q 5/11/2021 210
SS-1 / DUP 4/20/2022 53 / 61
SS-2 4/20/2022 57
SS-3 4/20/2022 57
SS-4 4/20/2022 240
SS-5 4/20/2022 240
SS-6 4/20/2022 570
SS-7 4/20/2022 130
SS-7-2023-R / 6/26/2023 4.99
SS-DUP-2023-R 6/26/2023 2.47 J
Chloroform SG-A 3/2/2021 2000 53 SG-L 5/11/2021 790
Dichlorodifluoromethane SS-7-2023-R 6/26/2023 1,410 NE SS-DUP-2023-R 6/26/2023 1,390
Clariant Corp/25036-21-060/20231024

5
Ethanol
SG-A 3/2/2021 210
NE
SG-B 3/2/2021 90
SG-C 3/2/2021 330
SG-D 3/3/2021 110
SG-E 3/3/2021 120
SG-F 3/3/2021 110
SG-G 3/4/2021 130
SG-H 3/4/2021 100
SG-I 3/4/2021 220
SG-J 3/4/2021 94
SG-K 3/4/2021 100
SG-L 5/11/2021 48
SG-M 5/11/2021 140
SG-N 5/11/2021 54
SG-O 5/11/2021 69
SG-P 5/11/2021 740
SG-Q 5/11/2021 450
SS-1 / DUP 4/20/2022 81 / 100
SS-2 4/20/2022 130
SS-3 4/20/2022 80
SS-4 4/20/2022 150
SS-5 4/20/2022 240
SS-6 4/20/2022 260
SS-7 4/20/2022 160
SS-7-2023-R 6/26/2023 11.5
SS-DUP-2023-R 6/26/2023 11.3
Tetrachloroethylene SG-O 5/11/2021 3600 3500
Trichloroethylene SS-7 3/2/2023 192 180
Trichlorofluoromethane
SG-A 3/2/2021 2.4 J
NE
SG-B 3/2/2021 2.0 J
SG-C 3/2/2021 3.9 J
SG-D 3/3/2021 2.2 J
SG-E 3/3/2021 2.2 J
SG-F 3/3/2021 2.2 J
SG-G 3/4/2021 3.8 J
SG-H 3/4/2021 4.9 J
SG-J 3/4/2021 5.1
SG-K 3/4/2021 1.9 J
SG-M 5/11/2021 2.4 J
SG-N 5/11/2021 4.2 J
Clariant Corp/25036-21-060/20231024

6
SG-O 5/11/2021 2.9 J
SG-P 5/11/2021 1.7 J
SG-Q 5/11/2021 2.5 J
SS-1 / DUP 4/20/2022 2.8 J / 2.7 J
SS-2 4/20/2022 4.0 J
SS-3 4/20/2022 1.9 J
SS-4 4/20/2022 1.0 J
SS-5 4/20/2022 2.4 J
SS-6 3/2/2023 4.79
SS-7 4/20/2022 11
SS-7-2023-R 6/26/2023 98.8
SS-DUP-2023-R 6/26/2023 100
2,2,4-Trimethylpentane SS-5/SS-DUP 3/2/2023 2.2 / 2.38 NE
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.

Clariant Corp/25036-21-060/20231024

7
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening levels for which
are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2023 version):
Indoor Air Contaminant
Sample Location Date of
Sampling
Maximum
Concentration Exceeding Screening
Level (µg/m3)
Non-
Residential Screening Level 1
(µg/m3)
Acetone
IA-1 4/19/2022 9.5
NE
IA-2 4/19/2022 10
IA-3 4/19/2022 9.6
IA-4 4/19/2022 10
IA-5 / IA-DUP 3/1/2023 98.4 / 88.2
IA-6 4/19/2022 33
IA-7 3/1/2023 103
IA-X 3/1/2023 56.3
Benzene
IA-5 / IA-DUP 3/1/2023 2.59 / 2.05
1.6 IA-6 3/1/2023 2.82
IA-7 3/1/2023 2.22
IA-X 3/1/2023 2.11
1,3-Butadiene IA-5 / IA-DUP 3/1/2023 1.23 J / 0.639 J 0.41
1,4-Dichlorobenzene
IA-2 4/19/2022 1.1
1.1 IA-6 3/1/2023 1.99
IA-7 3/1/2023 10.8
IA-X 3/1/2023 20.3
Ethanol
IA-1 4/19/2022 6.4
NE
IA-2 4/19/2022 6.8
IA-3 4/19/2022 6.3
IA-4 4/19/2022 6.6
IA-5 / IA-DUP 3/1/2023 44.3 / 20.2
IA-6 3/1/2023 54.9
IA-7 3/1/2023 104
IA-X 3/1/2023 49.4
Ethyl Acetate
IA-5 4/19/2022 430 2
61 IA-6 4/19/2022 1800 2
IA-7 4/19/2022 220 2
4-Ethyltoluene IA-5 / IA-DUP 3/1/2023 0.667 J/0.613 J NE
Clariant Corp/25036-21-060/20231024

8
IA-6 3/1/2023 0.898 J
IA-7 3/1/2023 1.30
IA-X 3/1/2023 1.31
Trichlorofluoromethane
IA-1 4/19/2022 3.2
NE
IA-2 4/19/2022 2.8
IA-3 4/19/2022 6.1
IA-4 4/19/2022 1.9
IA-5 4/19/2022 2.8
IA-6 4/19/2022 4.1
IA-7 4/19/2022 7.8
IA-X 3/1/2023 15.3
2,2,4-Trimethypentane
IA-5 / IA-DUP 3/1/2023 22 / 21.9
NE IA-6 3/1/2023 1.31
IA-7 3/1/2023 2.50
IA-X 3/1/2023 2.38 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 Concentrations determined to be from an indoor source in the laboratory in Building 3, and not from
vapor intrusion. Results from the most recent indoor air sampling in March 2023 were below the Non-Residential 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: Clariant Corporation
Brownfields Project Number: 25036-21-060 All that certain parcel of land located in the City of Charlotte, Mecklenburg County, North
Carolina and being more particularly described as follows:
BEGINNING at an existing 1/2” iron rod on the southwesterly margin of the right-of-way of
Monroe Road; said point also being located at a northwesterly corner of the Mozelle Depass
Griffith Property as described in Deed Book 29358, Page 379; thence leaving the aforesaid Monroe
Road right-of-way and running with the aforesaid Mozelle Depass Griffith Property South 28-26-
06 West 360.36 feet to a new 1/2” iron rod in the northwesterly margin of the right-of-way of N.
Wendover Road; thence leaving the aforesaid Mozelle Depass Griffith Property and running with
the aforesaid N. Wendover Road right-of-way the following three (3) courses and distances: 1)
South 48-45-15 West 73.27 feet to an existing metal monument; 2) South 51-23-14 West 55.34
feet to a new 1/2” iron rod; 3) with the arc of a circular curve turning to the left having a radius of
1758.87 feet and an arc length of 164.74 feet (chord: South 49-16-07 West 164.68 feet) to an
existing 1/2” iron rod in the centerline of the Seaboard Air Line Railway (a 200’ right-of-way);
said point also being located at a northeasterly corner of the W P Properties Property as described
in Deed Book 7730, Page 974; thence leaving the aforesaid N. Wendover Road right-of-way and
running with the aforesaid Seaboard Air Line Railway centerline and with a northeasterly line of
the aforesaid W P Properties Property North 60-44-09 West, passing an existing 1/2” iron rod at
542.49 feet, for a total distance of 546.97 feet to a new 1/2” iron rod in the southeasterly margin
of the right-of-way of Stanley Avenue (a 30’ public right-of-way); thence leaving the aforesaid W
P Properties Property and running with the aforesaid Stanley Avenue right-of-way the following
five (5) courses and distances: 1) North 28-24-27 East 615.45 feet to an existing nail; 2) South 62-
46-32 East 3.36 feet to a new nail; 3) North 41-44-15 East 61.87 feet to a new 1/2” iron rod; 4)
North 28-19-27 East 10.00 feet to a an existing 1/2” iron rod; 5) North 78-16-36 East 65.03 feet to
an existing metal monument in the southwesterly margin of the right-of-way of the aforesaid
Monroe Road; thence leaving the aforesaid Stanley Avenue right-of-way and running with the
aforesaid Monroe Road right-of-way South 51-43-01 East 594.28 feet to the point and place of
BEGINNING, containing 430,908 square feet or 9.8923 acres of land according to a survey by
R.B. Pharr and Associates, P.A. dated February 2, 2021.